In re Peace River Charters LLC, 2:19-cv-873-FtM-38NPM. (2020)
Court: District Court, M.D. Florida
Number: infdco20200306c05
Visitors: 6
Filed: Mar. 05, 2020
Latest Update: Mar. 05, 2020
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Claimant James Kulich's Unopposed Motion to Stay Action for Exoneration from or Limitation of Liability and to Lift Injunction Restraining Actions against Petitioner (Doc. 22). Peace River Charters, LLC filed this limitation-of-liability action after Kulich was injured on one of its airboats. Kulich, the sole claimant, wants to pursue his personal injury claims in a separate proceeding. When there is only o
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Claimant James Kulich's Unopposed Motion to Stay Action for Exoneration from or Limitation of Liability and to Lift Injunction Restraining Actions against Petitioner (Doc. 22). Peace River Charters, LLC filed this limitation-of-liability action after Kulich was injured on one of its airboats. Kulich, the sole claimant, wants to pursue his personal injury claims in a separate proceeding. When there is only on..
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OPINION AND ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is Claimant James Kulich's Unopposed Motion to Stay Action for Exoneration from or Limitation of Liability and to Lift Injunction Restraining Actions against Petitioner (Doc. 22). Peace River Charters, LLC filed this limitation-of-liability action after Kulich was injured on one of its airboats. Kulich, the sole claimant, wants to pursue his personal injury claims in a separate proceeding.
When there is only one claimant in a limitation-of-liability action, "the single claimant may try liability and damages issues in another forum by filing stipulations that protect the shipowner's right to have the admiralty court ultimately adjudicate its claim to limited liability." Beiswenger Enters. Corp. v. Carletta, 86 F.3d 1032, 1037 (11th Cir. 1996). Because the Motion is unopposed and accompanied by the requisite stipulations (Doc. 23), the Court will grant it.
Accordingly, it is now
ORDERED:
Claimant James Kulich's Unopposed Motion to Stay Action for Exoneration from or Limitation of Liability and to Lift Injunction Restraining Actions against Petitioner (Doc. 22) is GRANTED.
(1) The injunction restraining action against Peace River Charters, LLC is lifted to permit James Kulich to pursue his claims outside this case.
(2) All proceedings in this case are STAYED until the parties advise the Court that the stay should be lifted or the case should be dismissed. The parties shall so notify the Court within seven days of the resolution of Kulich's claims.
(3) Kulich is ORDERED to file a joint report on the status of his claim on or before June 3, 2020, and every 90 days thereafter.
(4) The Clerk is DIRECTED to add a stay flag.
DONE and ORDERED.
FootNotes
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Source: Leagle
