In Re Riverview Equipment Company, LLC et al

Filing 29

ORDER GRANTING MOTION TO STAY LIMITATION ACTION AND VACATING HEARING by Hon. William Alsup granting 25 Motion to Stay.(whalc2, COURT STAFF) (Filed on 11/7/2011)

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BRODSKY MICKLOW BULL & WEISS LLP
Kurt Micklow, SBN 113974
Edward M. Bull III, SBN 141996
384 Embarcadero West, Suite 200
Oakland, California 94607
Telephone: [phone]
Facsimile: [phone]
Attorneys for Claimant
JUAN REYNOSO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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____________________________________ )
In the matter of RIVERVIEW EQUIPMENT
COMPANY, LLC, as owner, and JERICO
PRODUCTS, INC., as bareboat charterer, of
the barge PETER LIND, vessel document
number 533413, for exoneration from or
limitation of liability.

CASE NO. CV-11-3060 WHA
ORDER GRANTING MOTION TO
STAY LIMITATION ACTION

AND VACATING HEARING

Claimant JUAN REYNOSO (“Claimant”), having filed his Motion to Stay Limitation

Court having takend regularly for hearing (or the Court having taken to matter
Action, the Claimant JUAN REYNOSO ("Claimant"), having without a hearing and the
matter having come on the matter under submission filed his Motionthe Stay

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Court
to stay theand the Court having considered the motion, Riverview Equipment in
hearing, limitation proceeding, and plaintiffs-in limitation RivervviewEquipment
to stay the limitation action, and plaintiff-in-limitation Claimant's Stipulations
Riverview Equipment
and reply papers, andarguments of counsel and all other matters presented in support of and
Company, LLC the to Stay, and Plaintiffs-in-Limitation Riverview Equipment
Jerico Products' statement of non-opposition
Support and Jerico
Companyof Motion Products, Inc.'s statement of non-opposition to the motion to stay,
Company, to the motion, and the Court finding that good cause exists in favor the
in oppositionLLC and Jerico Products, Inc.'s statement of non-opposition to of the
the Court finds good cause exists in favor of the requested stay. IT IS HEREBY
Motion to Stay, the Court finds good cause exists in favor of the requested stay. IT
requested stay, IT IS HEREBY ORDERED that Claimant’s Motion to Stay Limitation
ORDERED that Claimant'sthat Claimant's limitation action is GRANTED. is
IS HEREBY ORDERED motion to stay Motion to Stay Limitation Action
Action IS HEREBY GRANTED.
GRANTED.

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Pursuant to the authority and discretion vested in this Court, the controlling legal

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authorities and Claimant’s Stipulations in Support of Motion to Stay, IT IS FURTHER
controlling legal authorities and Claimant's Stipulations in Support of Motion to

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ORDERED that:
Stay, IT IS FURTHER ORDERED that:
ORDERED that:

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Court having consideredathe motion, taken the matter underin support ofwithout a
Limitation Action, the hearing) and the Court stipulations submission the motion
under submission without Court havingclaimant's having considered the moving, opposing

Pursuant to the authority and discretion vested in this Court, the

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The Order Directing Issuance of Notice And Publication Thereof and
restraining Order dated June 23, 2011, to the extent it enjoined “the continued

ORDER GRANTING MOTION TO STAY

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CASE NO. CV-11-3060 WHA

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prosecution of any and all suits, actions, or proceedings which may already

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have begun against Plaintiffs-in-Limitation in any court whatsoever to recover

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damages arising out of, or occasioned by, or consequent upon the alleged

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incident on or about October 18, 2010, and institution or prosecution of any

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suits, actions or legal proceedings of any nature description whatsoever in any

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court whatsoever” is hereby lifted and vacated;

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2.

Plaintiffs-in-Limitation RIVERVIEW EQUIPMENT COMPANY, LLC, as

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owner, and JERICO PRODUCTS, INC., as bareboat charterer, of the barge

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PETER LIND have the right to litigate all issues specifically relating to their

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attempt at limitation of liability pursuant to the provisions of 46 U.S.C.

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§§30501 et seq. (such as privity and knowledge) in this United States District

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Court (though Claimant specifically reserves his right to deny and contest in

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this Court all assertions and allegations made by Plaintiffs-in-Limitation in the

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Complaint for Exoneration from or Limitation of Liability);

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3.

Claimant will not seek in any action any judgment or ruling on the issue of

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Plaintiffs-in-Limitation's right to limitation of liability and has waived any

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claim of res judicata or collateral estoppel relevant to the specific issue of

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limitation of liability based on any judgment that may be rendered in any such

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court actions;

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4.

Claimant has agreed to the $3.2 million valuation of the barge PETER LIND

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proposed by Plaintiffs-in-Limitation. This will be the amount of the Limitation

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Fund. If there are any judgments or recoveries in Claimant’s favor in any court

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actions totaling in excess of $3.2 million, Claimant shall not seek to enforce

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said excess judgments or recoveries beyond the Limitation Fund amount of

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$3.2 million dollars, pending the adjudication of the Complaint for Exoneration

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from or Limitation of Liability pending in this Court; and

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This action is hereby stayed in all respects and will remain so stayed until (1)
the completion of the trial of the merits of the underlying claim in the forum of

ORDER GRANTING MOTION TO STAY

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CASE NO. CV-11-3060 WHA

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Claimant’s choosing or (2) the Court is advised of the resolution of Claimant’s

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claims by settlement or other means. This stay, however, will expire and a

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status conference will be set if neither of the above circumstances have come to

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pass within 12 months of this order.

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1, at 8 a.m. is
IT IS SO ORDERED. The hearing set for November 17, 2011 at 8 a.m. is
hereby Vacated.
DATED: _____________________________
DATED: November 7, 2011.
Dated: November 7, 2011.
17, 2011.

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___________________________________

UNITED STATES DISTRICT JUDGE
William Alsup
UNITED STATES DISTRICT JUDGE
William Alsup
UNITED STATES DISTIRCT JUDGE
DISTRICT

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ORDER GRANTING MOTION TO STAY

CASE NO. CV-11-3060 WHA