JAMES K. BREDAR, District Judge.
Plaintiffs Bernard Kaminski and Timothy Wilson, as owners of a 34-foot Sea Ray Sundancer (the "Vessel"), filed a "Verified Complaint" seeking exoneration from or limitation of liability pursuant to 46 U.S.C. §§ 30501-30512. (ECF No. 1.) They alleged they were at all times mentioned in the complaint and currently the owners of the Vessel. (Compl. ¶ 2.) They also alleged that on July 26, 2015, the Vessel allided with a protective dolphin
(Id. ¶ 8.)
In response to the Court's order requiring proof of claims, several Claimants stepped forward. They have filed motions to dismiss and/or for partial summary judgment. (ECF Nos. 9, 10, 12, and 30.) The motions have been briefed (ECF Nos. 16, 17, 18, 19, 20, 25, 31, 32) and are ready for decision. No hearing is necessary. Local Rule 105.6 (D. Md. 2016.) Treating the motions as ones to dismiss for failure to state a claim, the motions will be granted and the case will be dismissed. Based on the Court's disposition of the motions to dismiss, Plaintiffs' motion for leave to file a surreply (ECF No. 23) is moot.
A shipowner may be entitled to limitation of liability for claims exceeding the value of the vessel if they arise from, inter alia, "any loss, damage, or injury by collision, or any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of the owner." 46 U.S.C. § 30505. Under section 30511(a), a vessel owner may bring a civil action in federal district court for limitation of liability if brought within six months after a claimant gives the owner written notice of a claim. Under section 30511(c), "[w]hen an action has been brought under this section and the owner has complied with subsection (b) [pertaining to creation of a fund for claimants], all claims and proceedings against the owner related to the matter in question shall cease."
The rule of procedure governing the filing of the complaint, including the necessary components of its composition, is Supplemental Rule F for Admiralty or Maritime Claims and Asset Forfeiture Actions. See Supp. R. A(1)(A)(iv) (Supplemental Rules apply to actions for exoneration from or limitation of liability). According to Rule F(2), "[t]he complaint shall set forth the facts on the basis of which the right to limit liability is asserted. . . ." Rule A(2) further states, "The Federal Rules of Civil Procedure also apply to the foregoing proceedings except to the extent that they are inconsistent with these Supplemental Rules."
In determining the sufficiency of a plaintiff's claim for limitation of liability, courts have applied a standard consistent with the standard applicable to Rule 8(a) of the Federal Rules of Civil Procedure, which requires "a short and plain statement of the claim showing that the pleader is entitled to relief." In In re Complaint of Ryan, No. 11-80306-Civ-Hurley, 2011 U.S. Dist. LEXIS 41327 (S.D. Fla. Apr. 12, 2011), the court, without mentioning the Twombly-Iqbal standard,
Plaintiffs here rely upon bald, legal conclusions to state their claim, and that is insufficient for a complaint seeking limitation of liability. They have failed to "set forth the facts on the basis of which the right to limit liability is asserted." Rule F(2). Accordingly, their complaint will be dismissed by separate order. Plaintiffs' request for leave to file a surreply, addressed to issues other than the sufficiency of their complaint, is moot.