JOINT STIPULATION AND ORDER TO STAY LIMITATION ACTION AND TO LIFT MONITION

WILLIAM G. COBB, Magistrate Judge.

Claimant Andrew Morghen ("Claimant") and Plaintiff Pacific Built, Inc. ("Pacific Built"), by and through their undersigned counsel, hereby file the following joint stipulation regarding the above entitled case (hereafter the "Limitation Action") and Claimant's State Court Action, Andrew Morghen v. Richard Warf; Pacific Built, Inc., et al., CV18-01650 (Washoe County Second Judicial District Court, Filed August 10, 2018) (hereafter "State Court Action").

Provided that this Court lifts its Monition in this Limitation Action of August 14, 2018 (Docket No. 9) and stays this Limitation Action to permit Claimant to proceed against Pacific Built in the State Court Action, Claimant and Pacific Built stipulate and agree as follows:

1. That Pacific Built has the right to litigate the issue of whether it is entitled to limit its liability under the provisions of the Limitation of Liability Act, 46 U.S.C. § 30505 et seq., in this Court, and that this Court has exclusive jurisdiction to determine this issue.

2. That Pacific Built has the right to have this Court determine the value of the limitation fund and the combined value of the vessel LARC 5B and its cargo, and that this Court has exclusive jurisdiction to determine these issues.

3. That Claimant will not seek a determination of the issues set forth in paragraphs (1) and (2) above in any state court or any forum other than this Court, and consents to waive the right to claim res judicata based on any judgment rendered against Pacific Built outside this Limitation Action.

ORDER

Pursuant to the foregoing Joint Stipulation, IT IS SO ORDERED that the above entitled case, In Re COMPLAINT OF PACIFIC BUILT, INC., Case No. 3:18-cv-00367-MMD-WGC ("Limitation Action"), is stayed and the Monition in this Limitation Action of August 14, 2018 (Docket No. 9) is lifted. The Limitation Action will remain stayed until one party requests otherwise.