Filed: Nov. 28, 2017
Latest Update: Nov. 28, 2017
Summary: ORDER GRANTING PLAINTIFF-IN-LIMITATION'S REQUEST FOR ORDER GRANTING THEIR COMPLAINT FOR EXONERATION OR LIMITATION OF LIABILITY MAXINE M. CHESNEY , District Judge . The Motion of Plaintiff-in-Limitation YACHTING SPECIALTIES, INC., as owner of vessel M/V ASSIST GOLDEN GATE (CF No. 4515CG) ("Plaintiff-in-Limitation") for an Order granting exoneration from liability came on for hearing before the above-entitled Court on December 22, 2017. Also before the Court is the "Stipulation to Plaintiff
Summary: ORDER GRANTING PLAINTIFF-IN-LIMITATION'S REQUEST FOR ORDER GRANTING THEIR COMPLAINT FOR EXONERATION OR LIMITATION OF LIABILITY MAXINE M. CHESNEY , District Judge . The Motion of Plaintiff-in-Limitation YACHTING SPECIALTIES, INC., as owner of vessel M/V ASSIST GOLDEN GATE (CF No. 4515CG) ("Plaintiff-in-Limitation") for an Order granting exoneration from liability came on for hearing before the above-entitled Court on December 22, 2017. Also before the Court is the "Stipulation to Plaintiff-..
More
ORDER GRANTING PLAINTIFF-IN-LIMITATION'S REQUEST FOR ORDER GRANTING THEIR COMPLAINT FOR EXONERATION OR LIMITATION OF LIABILITY
MAXINE M. CHESNEY, District Judge.
The Motion of Plaintiff-in-Limitation YACHTING SPECIALTIES, INC., as owner of vessel M/V ASSIST GOLDEN GATE (CF No. 4515CG) ("Plaintiff-in-Limitation") for an Order granting exoneration from liability came on for hearing before the above-entitled Court on December 22, 2017. Also before the Court is the "Stipulation to Plaintiff-in-Limitation's Request for Order Granting Complaint for Exoneration or Limitation of Liability," filed November 17, 2017, by Plaintiff-in-Limitation and claimant Rachel Belle.
Having read and considered Plaintiff-in-Limitation's Motion and the parties' Stipulation, the Court deems the motion suitable for decision thereon, VACATES the hearing scheduled for December 15, 2017, and hereby rules as follows.
The Court finds that Rachel Belle was the sole claimant who made any claim in response to Plaintiff-in-Limitation's Complaint for exoneration from and/or limitation of liability within the time period set forth by the Court. The Court finds that Rachel Belle's claims against Plaintiff-in-Limitation have been fully resolved via settlement. Therefore, there are no remaining legally cognizable claims contesting Plaintiff-in-Limitation's right to exoneration from liability.
Thus, the Court finds that Plaintiff-in-Limitation YACHTING SPECIALTIES, INC., is entitled to judgment as a matter of law. The Court further finds that any claims against Plaintiff-in-Limitation other than Rachel Belle's settled claim are neither permissible nor necessary. The Court further finds that pursuant to F.R.C.P. Rule 54(b) that there is no reason for delay in entry of judgment.
IT IS HEREBY ORDERED, JUDGED, AND DECREED AS FOLLOWS:
Plaintiff-in-Limitation's Motion for an order granting Plaintiff-in-Limitation exoneration from liability for damages, for any and all claims, losses, or injuries that occurred on or about March 8, 2017, is granted; and the Clerk is expressly directed to enter judgment in favor of Plaintiff-in-Limitation.
