Filed: Feb. 13, 2012
Latest Update: Feb. 13, 2012
Summary: REPORT AND RECOMMENDATION ELIZABETH A. JENJKINS, District Judge. Before the court is Petitioners' Motion for Default Judgment (Dkt. 14). 1 For the reasons explained below, the undersigned recommends that the motion be granted. On December 20, 2011, Petitioners filed an amended complaint seeking exoneration from or limitation of liability for any injuries arising out of an alleged incident that occurred on February 27, 2011 involving Petitioners' vessel. Pursuant to Rule F(4), Fed. R. Civ.
Summary: REPORT AND RECOMMENDATION ELIZABETH A. JENJKINS, District Judge. Before the court is Petitioners' Motion for Default Judgment (Dkt. 14). 1 For the reasons explained below, the undersigned recommends that the motion be granted. On December 20, 2011, Petitioners filed an amended complaint seeking exoneration from or limitation of liability for any injuries arising out of an alleged incident that occurred on February 27, 2011 involving Petitioners' vessel. Pursuant to Rule F(4), Fed. R. Civ. ..
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REPORT AND RECOMMENDATION
ELIZABETH A. JENJKINS, District Judge.
Before the court is Petitioners' Motion for Default Judgment (Dkt. 14).1 For the reasons explained below, the undersigned recommends that the motion be granted.
On December 20, 2011, Petitioners filed an amended complaint seeking exoneration from or limitation of liability for any injuries arising out of an alleged incident that occurred on February 27, 2011 involving Petitioners' vessel. Pursuant to Rule F(4), Fed. R. Civ. P., and Local Rule 7.06, M.D. Fla., Petitioners served notice of this action on the only known claimant, Debra K. Heaton, and published notice of this action in the St. Petersburg Times on December 28, 2011, January 4, 2012, January 11, 2012, and January 18, 2012 (Dkt. 13 Ex. 1). The deadline for filing claims against Petitioners was February 3, 2012 (Dkt. 7).
Debra K. Heaton is the only claimant who filed a claim within the February 3, 2012 deadline (Dkt. 12). Petitioners request that the court enter a default judgment against all persons and entities that have not filed a timely claim in this action. As the record reflects that Petitioners have complied with Rule F(4), Fed. R. Civ. P., and Local Rule 7.06, M.D. Fla., and the deadline for filing claims has passed, Petitioners' request should be granted. See In re Gulf S. Marine Transp. Inc., No. 10-CV-3140, 2011 WL 3268310, at *4 (E.D. La. July 28, 2011).
Accordingly, and upon consideration, it is RECOMMENDED that:
(1) Petitioners' Motion for Default Judgment (Dkt. 14) be GRANTED;
(2) a default judgment be entered against all claimants who have not filed timely claims in this action; and
(3) all persons or entities in default be barred from filing any claims and answers in this or any other proceeding arising from the casualty that is the subjection of Petitioners' complaint.
