IN RE FOUR WINDS MARINA, INC., 2:14-cv-534-SPC-CM. (2014)
Court: District Court, M.D. Florida
Number: infdco20140929692
Visitors: 15
Filed: Sep. 26, 2014
Latest Update: Sep. 26, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on the Plaintiff, Four Winds Marina's Motion for Entry of Orders for Notice to Claimants and Restraining Prosecution of Claims ( Doc. #4 ) filed on September 16, 2014. The Plaintiff moves the Court to issue a notice and order restraining any prosecutions of claims regarding this matter pursuant to Rule F(3) and (4) of the Supplemental Rules for Certain Admiralty and Maritime Claims. On September 17, 2014, the
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on the Plaintiff, Four Winds Marina's Motion for Entry of Orders for Notice to Claimants and Restraining Prosecution of Claims ( Doc. #4 ) filed on September 16, 2014. The Plaintiff moves the Court to issue a notice and order restraining any prosecutions of claims regarding this matter pursuant to Rule F(3) and (4) of the Supplemental Rules for Certain Admiralty and Maritime Claims. On September 17, 2014, the C..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on the Plaintiff, Four Winds Marina's Motion for Entry of Orders for Notice to Claimants and Restraining Prosecution of Claims (Doc. #4) filed on September 16, 2014. The Plaintiff moves the Court to issue a notice and order restraining any prosecutions of claims regarding this matter pursuant to Rule F(3) and (4) of the Supplemental Rules for Certain Admiralty and Maritime Claims. On September 17, 2014, the Court entered an Order (Doc. #5) granting the Plaintiff's Motion for Ad Interim Stipulation of Value. In that Order, the Court states:
The further prosecution of any and all actions, suits and proceedings already commenced and the commencement or prosecution thereafter of any and all suits, actions, or proceedings, of any nature and description whatsoever in any jurisdiction, and the taking of any steps and the making of any motion in such actions, suits, or proceedings against Four Winds Marina, as aforesaid, or against the 2013 20' Hurricane Boat, or against any property of Four Winds Marina except in this action, to recover damages for or in respect of any damages or injuries caused by or resulting from the accident of the aforesaid Vessel as alleged in the Complaint, should hereby be restrained, stayed, and enjoined until the hearing and determination of this action.
(Doc. #5, p. 5, ¶ 7). Since the Court has presently restrained and stayed any other prosecution pending the outcome of the instant case, the Motion is moot.
Accordingly, it is now
ORDERED:
The Plaintiff, Four Winds Marina's Motion for Entry of Orders for Notice to Claimants and Restraining Prosecution of Claims (Doc. #4) is DENIED as moot.
DONE and ORDERED in Fort Myers, Florida.
FootNotes
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Source: Leagle
