SARAH S. VANCE, District Judge.
Plaintiff-in-limitation Ronald Mains moves the Court to dismiss the untimely claim filed by Fred Deitz, individually and on behalf of his minor child.
This case arises out of a collision between two wave runners, owned by plaintiff-in-limitation Ronald Mains.
On January 5, 2015, Mains filed a complaint seeking exoneration from or limitation of liability regarding any loss, damage, or injury caused by the collision between the two wave runners under 46 U.S.C. § 30501, et seq.
Ten days later, on January 15, 2015, Mains mailed to counsel for Fred Deitz notice of Mains's limitation action.
Mains now moves to dismiss Deitz's untimely filed claim.
The Federal Rules of Civil Procedure, Supplemental Rules for Certain Admiralty and Maritime Claims Rule F(4) provides that, when a vessel owner institutes a limitation of liability proceeding in federal court, the court is empowered to establish a monition period during which all claimants must file their respective claims or face default. Supplemental Admiralty Rule F(4) additionally gives district courts discretion to allow a party to file a claim in a limitation proceeding after the filing deadline has passed.
Although relief from a late claim is not a matter of right, it is within the court's discretion, and applying equitable principles, courts often permit late claims. See Tex. Gulf Sulphur Co. v. Blue Stack Towing Co., 313 F.2d 359, 363 (5th Cir. 1963) (noting that "relief from a tardy claim is not a matter of right—[i]t depends on an equitable showing"). The Fifth Circuit has established three factors that a court should consider in determining whether to allow a late-filed claim: (1) whether the proceeding is pending and undetermined, (2) whether allowing the claim will adversely affect the rights of the parties, and (3) the claimant's reasons for filing late. Golnoy Barge Company v. M/T SHINOUSSA, 980 F.2d 349, 351 (5th Cir. 1993); see also In re Trace Marine, 114 F. App'x 124, 126-27 (5th Cir. 2004) (noting that Rule F(4) allows a court to permit a claimant to proceed on a late-filed claim "for good cause shown").
Here, the limitation action is still pending and undetermined. The Court has not yet set a trial date in this matter, and the record does not reveal that Mains has settled or otherwise resolved any other claims. See In re Trace Marine, 114 F. App'x at 128 (considering whether any parties had settled). The Court also finds that any potential prejudice to Mains or the other claimants is insignificant. Deitz filed his claim only a month late, and Mains has failed to assert any reason why this short delay has adversely affected his rights.
Deitz does not dispute that he received the letter from Mains informing him of the limitation proceeding and the claim bar deadline. The Court notes, however, that Mains's letter did not clearly state the deadline.
For the foregoing reasons, the Court DENIES Mains's Motion to Dismiss the Untimely Filed Claim. The Court vacates its July 7, 2015 order to the extent that it entered default against Fred Deitz, individually and on behalf of his minor child. The Court DENIES AS MOOT Deitz's Motion to Set Aside Default Judgment.