Filed: Nov. 17, 2015
Latest Update: Nov. 17, 2015
Summary: ORDER KATHERINE P. NELSON , Magistrate Judge . Gene Barbour and Shirley Barbour ("the Barbours"), as owners of the unnamed Vessel HIN# FRU19904D111 have filed a Verified Petition for Exoneration from or Limitation of Liability (Doc. 1) pursuant to the provisions of 46 U.S.C. 30501, et seq., and Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions ("Supplemental Rule F") for all claims arising from an incident occurring on or about April 23, 201
Summary: ORDER KATHERINE P. NELSON , Magistrate Judge . Gene Barbour and Shirley Barbour ("the Barbours"), as owners of the unnamed Vessel HIN# FRU19904D111 have filed a Verified Petition for Exoneration from or Limitation of Liability (Doc. 1) pursuant to the provisions of 46 U.S.C. 30501, et seq., and Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions ("Supplemental Rule F") for all claims arising from an incident occurring on or about April 23, 2014..
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ORDER
KATHERINE P. NELSON, Magistrate Judge.
Gene Barbour and Shirley Barbour ("the Barbours"), as owners of the unnamed Vessel HIN# FRU19904D111 have filed a Verified Petition for Exoneration from or Limitation of Liability (Doc. 1) pursuant to the provisions of 46 U.S.C. § 30501, et seq., and Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions ("Supplemental Rule F") for all claims arising from an incident occurring on or about April 23, 2014, in which the Barbours' vessel collided with another vessel while it was being operated in the State of Alabama's Intercoastal Waterway. As required by Supplemental Rule F(4) and in accordance with the Court's previous Orders (Docs. 2, 7), the Clerk of Court published notice setting April 8, 2015, as the deadline for filing claims in this action under Supplemental Rule F(5). (See Doc. 8). To date, no such claim has been filed, nor has any other party appeared in this action.
The Barbours have filed a motion for the Court to dismiss this action (Doc. 9), representing that their "insurance company has negotiated a settlement with all known potential claimants, including those claimants' identities known at the time of the filing of the action as well as all claimants who made themselves known pursuant to the [Barbours]' publication of a notice of the subject action." The Barbours also request return of the $25,000.00 previously deposited by them into the Court's registry as security under 46 U.S.C. § 30511(b)(1) and Supplemental Rule F(1). (See Doc. 4).
Upon consideration, it is ORDERED that the Barbours' motion to dismiss and for return of funds (Doc. 9) is GRANTED. Accordingly, this action is DISMISSED under Federal Rule of Civil Procedure 41(a)(2), with costs taxed as paid. In accordance with S.D. Ala. CivLR 67(e), the Clerk of Court is DIRECTED to disburse to the Barbours' counsel of record the $25,000.00 previously deposited by the Barbours into the Court's registry (see Doc. 4).
