In the Matter of Jet Ski Tours of Alabama, LLC, as owner of two 2015 Yamaha VX1100E-P wave runners, petitioning for Exoneration from or Limitation of Liability
ORDER OF DEFAULT & DEFAULT JUDGMENT re: 12 MOTION for Entry of Default Final Judgment, Case Closure, and Release of Letter of Undertaking filed by In the Matter of Jet Ski Tours of Alabama, LLC, as owner of two 2015 Yamaha VX1100E-P wa ve runners, petitioning for Exoneration from or Limitation of Liability. No claims having been filed in the limitation proceeding, and all potential claimants having been defaulted. It is ORDERED that the letter of undertaking filed on behalf of Petitioner in Limitation (Doc. 2 ) is released, and this case is concluded and CLOSED. Signed by Senior Judge Charles R. Butler, Jr on 6/30/2016. copies to parties (sdb)
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
IN THE MATTER OF JET SKI
TOURS OF ALABAMA, LLC, AS
OWNER OF TWO 2015 YAMAHA * CIVIL ACTION NO.
VX1100E-P WAVE RUNNERS,
PETITIONING FOR EXONERATION * 16-00047-CB-C
FROM OR LIMITATION OF
ORDER OF DEFAULT & DEFAULT JUDGMENT
On February 4, 2016, the Court entered an order (Doc. 8), setting an April 11,
2016, claim deadline, directing that the Clerk issue notice of this proceeding and its
claim deadline in the Gulf Coast News once a week for four successive weeks, and
ordering that notice of the monition period was to be provided to persons known to
have asserted any claim against the vessel or Petitioner in Limitation Jet Ski Tours of
Alabama, LLC (“JSTA”), as owner of two 2015 Yamaha VX1100E-P Wave Runners,
concerning the marine casualty at issue in this limitation proceeding.
The Court’s order required all persons or entities to bring their claim on or
before April 11, 2016, and, according to the record, notice of said monition was duly
given through publication and to persons known to have made a claim as required by
Supplemental Rule F(4).
To date, no person or entity has asserted claims or otherwise answered
JSTA’s petition for limitation of liability, and the time for such claims to be made has
passed in accordance with this Court’s order.
Accordingly, it is ORDERED that all persons or entities claiming against JSTA
for any and all loss, damage, or injury caused by or resulting from the August 6, 2015,
marine casualty and not having filed a claim by April 11, 2016, as required by the
Court’s February 4, 2016, order, are hereby defaulted, and final judgment is ENTERED
in favor of JSTA against all such non-appearing claimants.
No claims having been filed in JSTA’s limitation proceeding, and all potential
claimants having been defaulted, it is further ORDERED that the letter of undertaking
filed on behalf of Petitioner in Limitation (Doc. 2) is released, and this case is
concluded and closed.
DONE this the 30th day of June, 2016.
s/ Charles R. Butler, Jr.
Senior United States District Judge
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