STIPULATION OF THE PARTIES TO LIFT THE STAY OF THE STATE COURT PROCEEDING

RICARDO S. MARTINEZ, Chief District Judge.

STIPULATION

The parties stipulate to lift the court's injunction and stay this Limitation case so that the single claimant, Mr. Nicholas Bergquist, may proceed in the State Superior Court case already filed (17-2-10646-1 SEA). In reaching this Stipulation, the parties rely upon Langnes v. Green, 282 U.S. 531, 540 (1930); Newton v. Shipman, 718 F.2d 959 (9th Cir. 1983).

Specifically, it is stipulated that: (1) the value of the limitation fund equals the combined value of the vessel and its cargo; (2) claimant waives the right to claim res judicata based on the judgment in the Superior Court action; and (3) this Court has the exclusive jurisdiction to determine limitation of liability issues.

ORDER

Based upon the stipulation of the parties, it appears that Mr. Nicholas Bergquist, is a single claimant in the above captioned Limitation Action. As such, it appears that Mr. Bergquist wishes to proceed to a jury trial in King County Superior Court. The parties have made the necessary stipulations in order to have the injunction in this case dissolved so that Mr. Bergquist may pursue his lawsuit in King County Superior Court.

NOW, THEREFORE, IT IS ORDERED that the injunction in this case is dissolved. Claimant Bergquist is free to pursue, subject to the above stipulations, his case in King County Superior Court. It is further ORDERED that this Court has continuing, exclusive jurisdiction to determine limitation of liability issues. This action is stayed pending the conclusion of the Superior Court action. The parties are directed to notify the Court via a Status Report within 30 days of the conclusion of that action.