PATRICIA A. SULLIVAN, Magistrate Judge.
Pending before the Court is Plaintiff Frank Teixeira's motion (ECF No. 3) for order directing issuance of notice and restraining suits, which is supported by his Verified Complaint (ECF No. 1) for exoneration from or limitation of liability pursuant to the Limitation of Shipowner's Liability Act of 1851, 46 U.S.C. §§ 30501-30512 and Fed. R. Civ. P. Supp. F, as well as Local Admiralty Rule F(1). He seeks exoneration from liability for any and all death, injuries, damages and losses of any kind arising from an incident onboard the M/V AT LAST ("the vessel") on the waters of Narragansett Bay on August 11, 2019, as well as any other claimed losses incurred by others that have been and/or may hereafter be made; he avers that he has valid defenses on the facts and the law. ECF No. 1 at 3 ¶ 19. Plaintiff's Verified Complaint asserts that the post-casualty value of the vessel is $63,000 with no freight, based on the declaration of a marine surveyor; Plaintiff has also filed a stipulation of security for that amount plus costs and interest in the total amount of $71,560 in compliance with Local Admiralty Rule F(1). ECF No. 1-2, 1-3.
Based on these submissions, Plaintiff's motion asks the Court to issue an injunctive order, which he will serve by mail or by hand on the persons to be enjoined, ceasing and enjoining all lawsuits, causes of action and claims against Plaintiff and his property arising from the August 11, 2019, incident except for this action. He also asks the Court to direct the Clerk to issue a notice to claimants to be published in the Newport Daily News and to be mailed in accordance with Fed. R. Civ. P. Supp. F(4). He further asks the Court to set a bar date with the admonishment to all persons asserting claims that they must file their respective claims, including the claim of any person contesting the right of exoneration or limitation of liability, with the Clerk in writing and to serve Plaintiff's attorney by the bar date or be defaulted.
The motion has been referred to me; I address it by report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B).
Plaintiff is the owner of the vessel. On August 11, 2019, he was operating the vessel in the waters of Narragansett Bay in the vicinity of the Newport Bridge at the same time and area as Sandra Tartaglino ("Ms. Tartaglino") was operating the S/V UNNAMED, a Formula 18 Catamaran ("the catamaran"). The vessel and the catamaran collided, and Ms. Tartaglino died as a result of the collision. Plaintiff asserts that at all material times prior to the incident the vessel and its appurtenances were seaworthy, tight, staunch, strong and fit, and that he operated and utilized the vessel in a seaworthy fashion. He also maintains that the collision and any and all death, injuries, damages and losses claimed to have resulted therefrom, were not caused or contributed to by any breach of applicable statutes or regulations, or any unseaworthiness, fault, neglect, or lack of reasonable care by or on the part of the vessel or Plaintiff. Alternatively, if any of the above is found to have been the case, Plaintiff alleges that it was occasioned and incurred without the privity or knowledge of Plaintiff and/or was the fault of third parties for which he is not responsible.
Plaintiff does not know the total amount of the claims that may be made for death, injuries, damages and losses that resulted from the collision. He expects that formal claims based on those injuries, damages and losses will be presented in due course and that the total claims will exceed the limitation fund. Based on a valuation signed by an accredited marine surveyor attached to the complaint, the vessel has a post-casualty value of $63,000.00. ECF No. 1-2. As security for the vessel's value, plus costs and interest, Plaintiff has filed with the Court a signed stipulation from his surety, Geico Marine Insurance Company. ECF No. 1-3.
Under the Limitation Act, the owner of a vessel may limit his liability to the value of the vessel and pending freight for "any loss, damage, or injury by collision . . . done, occasioned, or incurred, without the privity or knowledge of the owner." 46 U.S.C. § 30505(b). The procedural requirements for bringing such action are found in the Fed. R. Civ. P. Supp. F for Admiralty or Maritime Claims.
Once an owner has complied with Fed. R. Civ. P. Supp. F(1) and has deposited the appropriate security with the Court, "all claims and proceedings against the owner or the owner's property with respect to the matter in question shall cease." Fed. R. Civ. P. Supp. F(3); 46 U.S.C. § 30511(c). Fed. R. Civ. P. Supp. F(3) provides that the Court shall, upon motion by the owner seeking limitation, "enjoin the further prosecution of any action or proceeding against the plaintiff or the plaintiff's property with respect to any claim subject to limitation in the action." Fed. R. Civ. P. Supp. F(3).
I find that Plaintiff's Verified Complaint, declaration of a marine surveyor and stipulation of security comply with the requirements of the Limitation of Liability Act and Fed. R. Civ. P. Supp. F. Plaintiff filed his complaint on November 19, 2019, within six months of the August 11, 2019, collision and there is currently a pending Rhode Island DEM/Division of Law Enforcement action. ECF No. 3 at 1. He has asserted facts that demonstrate his lack of "privity or knowledge" of any breach of applicable statutes or regulations, or any unseaworthiness, fault, neglect or lack of reasonable care by or on the part of the vessel or Plaintiff that might have contributed to the alleged injuries, damages and losses, asserting a total lack of responsibility. ECF No. 1 at 3 ¶ 14;
Based on the foregoing, I recommend that the Court order that all lawsuits, causes of action, and claims against Plaintiff and his property arising or resulting from the collision between his vessel and the catamaran on August 11, 2019, shall cease pursuant to 46 U.S.C. § 30511(c) and Fed. R. Civ. P. Supp. F(3). In addition, pursuant to Fed. R. Civ. P. Supp. F(4), I recommend that the Court direct issuance of notice to all persons asserting claims with respect to the August 11, 2019, collision.
Based on the foregoing, I recommend as follows:
Any objection to this report and recommendation must be specific and must be served and filed with the Clerk of the Court within fourteen (14) days of its receipt.