In the Matter of the Complaint of Henry Marine Service, Inc.

Filing 3

Order approving Ad Interim Stipulation for Value as security as set out. Prosecution of any pending suits, actions or legal proceedings are stayed as set out. Notice shall issue out of & under seal of this Court to & against all persons or concerns claiming damages as set out. Public ntoice of Petitioner's Complaint shall be given publication as set out. NLT than the date of the second publication of said notice, Pet shall cause to be mailed a copy of said notice to every person or concern known to have made any claim that remains outstanding as set out. Signed by Senior Judge Callie V. S. Granade on 4/9/18. (Attachment: # 1 Notice to Claimants of Complaint for Exoneration from or Limitation of Liability) (tot)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
IN THE MATTER OF THE
COMPLAINT OF HENRY MARINE
SERVICE, INC., AS OWNER AND
OPERATOR OF THE M/V JAMIE H

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CIVIL ACTION NO. 18-154

ORDER
WHEREAS, a Complaint having been filed herein on April, 3, 2018, by
Henry Marine Service, Inc., as owner of the M/V JAMIE H (hereinafter referred to
as “Petitioner”), for exoneration from or limitation of liability as provided for in 46
U.S.C. § 30501, et seq., and Rule F of the Supplemental Rules for Certain Admiralty
and Maritime Claims, Federal Rules of Civil Procedure, for any and all loss of life,
bodily injuries, property damage, and losses, damages, injuries and destruction of
any kind done or occasioned during the voyage of the M/V JAMIE H, on or about
October 7, 2017, as described in the Complaint, also stating the facts and
circumstances upon which the said limitation of and/or exoneration from liability is
claimed, and from which it appears that the value of the M/V JAMIE H and pending
freight, if any, at the termination of the subject voyage did not exceed the sum
ONE HUNDRED EIGHTY-FIVE THOUSAND AND NO/100 DOLLARS
($185,000.00) and it appearing that claims have been and/or may be made against
Petitioner for losses, damages, injuries, death or destruction alleged to have
incurred in consequence of events incurring during the voyage on which the vessel

was engaged; and an Ad Interim Stipulation having been filed for value, duly
executed on April 3, 2018, on behalf of Henry Marine Service, Inc., in the sum of
ONE HUNDRED EIGHTY-FIVE THOUSAND AND NO/100 DOLLARS
($185,000.00), together with interest, at the applicable rate per annum, and costs, a
copy of said Ad Interim Stipulation for Value being Appended hereto;
NOW, on motion for Petitioner herein;
IT IS ORDERED that the said Ad Interim Stipulation for Value be and the
same is hereby approved as security pursuant to Rule F of the Supplemental Rules
for Certain Admiralty and Maritime Claims, Federal Rules of Civil Procedure; and
IT IS FURTHER ORDERED that the said Ad Interim Stipulation for Value
shall be without prejudice to the due appraisal of the value of the M/V JAMIE H
under order of this Court, and that, upon such appraisal, and upon the
determination by the Court of any exception thereto, any party may have leave to
apply to have the amount of said Ad Interim Stipulation for Value increased or
diminished, as the Court may direct; and
IT IS FURTHER ORDERED that the further prosecution of any pending
actions, suits or legal proceedings in any court whatsoever, and the institution and
prosecution of any suits, actions or legal proceedings of any nature and description
whatsoever in any court, wheresoever, except in this proceeding for limitation of
liability, against Petitioner, its controllers, underwriters, insurers, or the M/V
JAMIE H, in respect of any claim arising out of or in connection with the voyage of
the M/V JAMIE H on or about October 7, 2017, be and the same are hereby stayed

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and restrained until the hearing and determination of this action, and all warrants
of arrests issued in such other suits, actions or legal proceedings be and the same
are hereby dissolved; and
IT IS FURTHER ORDERED that a Notice issue out of and under the seal
of this Court to and against all persons or concerns claiming damages for any and
all losses, damages, injuries, death or destruction arising out of the voyage on which
the M/V JAMIE H was then engaged, admonishing them and each of them to
appear and file their respective claims with the Clerk of this Court, and to serve on
or mail to the Attorneys for Petitioner a copy thereof on or before the 8th day of
June, 2018, and to make due proof of their claims, subject to the right of any such
person or persons to controvert or question said claims, with liberty also, to any
such claimants who have duly filed their claims to answer the Complaint therein
and to file such answers on or before the date heretofore specified; and
IT IS FURTHER ORDERED that public notice of Petitioner’s Complaint
shall be given publication in The Press-Register, a newspaper of general circulation,
published in Mobile, Alabama, and that such notice shall be published once a week
for four successive weeks, prior to the date fixed therein, for the filing of claims; and
IT IS FURTHER ORDERED that not later than the date of the second
publication of said notice, Petitioner shall cause to be mailed a copy of the said
notice to every person or concern known to have made any claim that remains
outstanding against the M/V JAMIE H, or against Petitioner, arising out of the
voyage on which said vessel was engaged; and

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IT IS FURTHER ORDERED that service of this Order may be made
through the Post Office by mailing a conformed copy thereof to the person or
persons to be restrained, or to their respective attorneys, or alternatively by hand.
DONE and ORDERED this 9th day of April, 2018.
/s/ Callie V. S. Granade
SENIOR UNITED STATES DISTRICT JUDGE

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