In re Lonnie Everett Owen, Sr.

Filing 154

ORDER signed by Judge John A. Mendez on 7/15/13 GRANTING 152 Motion for Exoneration from liability for damages, for any and all claims, losses, or injuries that occurred on or about 8/1/09. (Manzer, C)

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1 2 3 4 5 6 7 G. GEOFFREY ROBB (131515) grobb@gibsonrobb.com MARKER E. LOVELL, JR. (208659) mlovell@gibsonrobb.com CHELSEA D. YUAN (240559) cyuan@gibsonrobb.com GIBSON ROBB & LINDH LLP 201 Mission Street, Suite 2700 San Francisco, California 94105 Telephone: (415) 348-6000 Facsimile: (415) 348-6001 Attorneys for Plaintiff-in-Limitation LONNIE EVERETT OWEN, SR. 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 In the Matter of LONNIE EVERETT OWEN, Sr., ) ) ) Plaintiff in Limitation. ) ) ) ) ____________________________________) ) ) Claims in Limitation ) ) ____________________________________) Case No. 2:11-CV-00196-JAM-GGH ORDER GRANTING STIPULATED AND UNOPPOSED MOTION FOR EXONERATION FROM LIABILITY Date: Time: Location: August 21, 2013 9:30 a.m. Courtroom 6 Judge: John A. Mendez Plaintiff-in-Limitation LONNIE EVERETT OWEN, SR.’s (“PLAINTIFF-IN- 20 LIMITATION”), as owner of the 2009 Skeeter ZX250 (“VESSEL”) Motion for an Order 21 granting exoneration from liability came on for hearing before the Honorable John A. Mendez on 22 August 21, 2013, at 9:30 a.m., in the above-entitled Court. The Court finds that eight claims 23 were made to PLAINTIFF-IN-LIMITATION’s complaint for exoneration from and/or limitation 24 of liability within the time period set forth by the Court. The claims were made by CHARLES T. 25 MCDERMOTT, MARY MCDERMOTT, COLETTE E. MCDERMOTT, RICHARD D. 26 HEDRICK, KATHLEEN M. HEDRICK, JONATHAN HEDRICK, JASON P. MCEWAN, AND 27 SABRINA D. MOSS. The Court finds that these claims have been fully resolved. Therefore, 28 there are no remaining legally cognizable claims contesting PLAINTIFF-IN-LIMITATIONS’ [PROPOSED] ORDER GRANTING STIPULATED AND UNOPPOSED MOTION FOR EXONERATION FROM LIABILITY Case No. 2:11-CV-00196-JAM-GGH; Our File No. 8002.63 1 right to exoneration from liability. Thus, the Court finds that PLAINTIFF-IN-LIMITATION is 2 entitled to judgment as a matter of law. The Court further finds that any claims against 3 PLAINTIFF-IN-LIMITATION are neither permissible nor necessary. The Court further finds 4 that pursuant to F.R.C.P. Rule 54(b) that there is no reason for delay in entry of judgment. 5 IT IS HEREBY ORDERED, JUDGED, AND DECREED AS FOLLOWS: 6 PLAINTIFF-IN-LIMITATION’s Motion for an order granting PLAINTIFF-IN- 7 LIMITATION exoneration from liability for damages, for any and all claims, losses, or injuries 8 that occurred on or about August 1, 2009, is granted; and the Clerk is expressly directed to enter 9 judgment in favor of PLAINTIFF-IN-LIMITATION. 10 11 12 Dated: July 15, 2013 /s/ John A. Mendez John A. Mendez U.S. District Court Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING STIPULATED AND UNOPPOSED MOTION FOR EXONERATION FROM LIABILITY Case No. 2:11-CV-00196-JAM-GGH; Our File No. 8002.63 -2-

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