In re Tutor-Saliba/Koch/Tidewater JV

Filing 9

ORDER DIRECTING ISSUANCE OF MONITION AND INJUNCTION, granting 5 Request filed by Tutor-Saliba/Koch/Tidewater JV. Signed by Judge Alsup on 10/14/05. (whalc1, COURT STAFF) (Filed on 10/14/2005) Additional attachment(s) added on 10/14/2005 (rbe, COURT STAFF).

In re Tutor-Saliba/Koch/Tidewater JV

Doc. 9

Case 3:05-cv-04043-WHA

Document 9

Filed 10/14/2005

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
COX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP
190 THE EMBARCADERO SAN FRANCISCO, CA 94105 TEL [phone] FAX [phone]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) TUTOR-SALIBA/KOCH/TIDEWATER ) JV, ) ) Plaintiff, ) ) For Exoneration from or Limitation of ) Liability. ) ___________________________________ ) In the Matter of the Complaint of Case No.: C 05-4043 [PROPOSED] ORDER DIRECTING ISSUANCE OF MONITION AND INJUNCTION

A complaint having been filed in this Court by TUTORSALIBA/KOCH/TIDEWATER JV ("Plaintiff") on October 6, 2005 as owners pro hac vice of a deck barge designated as EM 1146 (the "Barge") seeking exoneration from or limitation of liability as provided for by statute, for all losses, injuries, damages, and deaths resulting or arising from the subject incident involving the alleged injuries suffered by Conrad Banez on or about July 30, 2004; and It appearing from Plaintiff's complaint that the value of the Barge after the incident does not exceed $2,000,000.00, and that claims may be asserted against Plaintiff for loss, injuries, damage, or death, and that said claims are subject to limitation in the action now on file in this Court; and Upon the application of the Plaintiff's, IT IS HEREBY ORDERED that a notice and monition issue out of and under the seal of this Court to and against all persons and entities claiming losses, damages, injuries, or death resulting or arising from the subject incident of
[PROPOSED] ORDER DIRECTING ISSUANCE OF MONITION AND INJUNCTION
Dockets.Justia.com

25 26 27 28

IMU.Banez

-1-

Case No.:

Case 3:05-cv-04043-WHA

Document 9

Filed 10/14/2005

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
COX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP
190 THE EMBARCADERO SAN FRANCISCO, CA 94105 TEL [phone] FAX [phone]

the Barge admonishing them to appear and file their respective claims and answers with the Clerk of this Court on or before December 1, 2005, and to make due proof of their respective claims in such manner as may hereinafter be directed by further order of this Court, with liberty to any claimants who have duly filed their claims to answer Plaintiff's complaint and to file such answer with the Clerk of this Court on or before the date specified above; and IT IS FURTHER ORDERED that Plaintiff's shall give public notice of said monition pursuant to Federal Rules of Civil Procedure, Supplemental Rule F(4) for Certain Admiralty and Maritime Claims, by causing such notice to be published in a newspaper of general circulation in San Francisco, California, once per week for four consecutive weeks prior to the date fixed herein for the filing of claims; and IT IS FURTHER ORDERED that not later than the date of the second publication of said notice, the Plaintiff shall mail a copy of said notice to every person and entity known to have made any outstanding claim against the Plaintiff or the Barge arising from the subject voyage; and IT IS FURTHER ORDERED that the institution or prosecution of any suit, action, or other legal or administrative proceeding of any nature in any venue (outside these proceedings) against Plaintiff's or the Barge regarding any claim resulting or arising from the subject voyage ARE HEREBY ENJOINED, said injunction to remain in effect until the determination of this action in this Court; and IT IS FURTHER ORDERED that service of this order as an Injunction shall be made by delivering a certified copy hereof to the person or persons to be enjoined, or to their respective attorneys or representatives. SO ORDERED this 14th day of October, 2005, at San Francisco, California.
UNIT ED

S

25 26 27 28

S DISTRICT TE C TA

IMU.Banez

_____________________________________ lsup illiam A Judge W JUDGE OF THE U.S. DISTRICT COURT ER For the Northern District of OF C California N D
IS T RIC T

[PROPOSED] ORDER DIRECTING ISSUANCE OF MONITION AND INJUNCTION

-2-

A

LI

FO

R NIA

IT IS S

O ORD

ERED

RT U O

NO

RT

H

Case No.: