Fortado v. Rodriguez

Filing 35

ORDER GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST RODOLFO RODRIGUEZ, AN INDIVIDUAL. Signed by Judge Richard Seeborg on 12/29/11. (cl, COURT STAFF) (Filed on 12/29/2011)

*E-Filed 12/29/11*
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MARKOS SCHEER (WSBA #29233), pro hac vice
YOUNG DENORMANDIE, P.C.
1191 Second Avenue, Suite 1901
Seattle, Washington 98101
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for the Owner/Petitioner

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
AT SAN FRANCISCO

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IN RE LARRY FORTADO, SR., as Plaintiffin-Limitation /owner seeking limitation of
liability under 46 USC § 30501, et. seq.,

IN ADMIRALTY AND AT LAW
NO. CV-11-3257-RS

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Owner/Petitioner,
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[PROPOSED] ORDER GRANTING
MOTION TO CLERK FOR ENTRY OF
DEFAULT JUDGMENT AGAINST
RODOLFO RODRIGUEZ, AN
INDIVIDUAL

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THE COURT, after reviewing Owner/Petitioner Larry Fortado, Sr.’s (“Fortado”) Motion

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to Enter Default Judgment Against Rodolfo Rodriguez, an Individual, and the records and

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pleadings filed herein, this Court finds that,

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1.

The Order Directing Issuance of Notice and Publication Thereof, and Restraining

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Order (dkt. 6) and Notice to Claimants of the Filing of Limitation Proceeding (dkt. 7) were

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caused to be served on Rodolfo Rodriguez on August 25, 2011 via U.S. First Class Mail, postage

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paid, and U.S. Certified Mail (dkt. 8);

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_____________________________________________________________________________
-1[PROPOSED] ORDER GRANTING MOTION TO CLERK FOR ENTRY OF DEFAULT
JUDGMENT AGAINST RODOLFO RODRIGUEZ, AN INDIVIDUAL

2.

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On November 8, 2011, the Second Notice to Claimants of the Filing of Limitation

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Proceeding (dkt. 21) was caused to be served on Rodolfo Rodriguez via U.S. Certified Mail (dkt.

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3.

As indicated in the Proof of Publication (dkt. 28), the Second Notice was

published on November 1, November 8, November 15 and November 22, 2011;
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The Notice to Claimants of the Filing of Limitation Proceeding (dkt. 21) provided

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that “all persons asserting claims with respect to the losses, injuries, and/or damages are

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admonished to file their claims with the undersigned clerk of this Court on or before the 28th day

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of November, 2011 and to serve a copy thereof on Mary Forsgaard, C/O Young deNormandie,

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P.C. at 1191 2nd Ave., Suite 1901, Seattle, Washington, 98101, counsel for Plaintiff-in-

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Limitation on or before November 28, 2011.”;

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5.

The Motion for Clerk to Enter Default Against All Possible Claimants, Including

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Rodolfo Rodriguez, an Individual (dkt. 29) and [Proposed] Order Granting Motion for Clerk to

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Enter Default Against All Possible Claimants, Including Rodolfo Rodriguez, an Individual (dkt.

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29-1) were caused to be served on Rodolfo Rodriguez on November 30, 2011 via U.S. First

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Class Mail, postage paid, and U.S. Certified Mail (dkt. 30);

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6.

That Rodolfo Rodriguez received actual notice of the above captioned action;

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7.

That Rodolfo Rodriguez has not appeared, filed any claim against the Vessel or

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Fortado, and has not filed an answer in this action;
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That the Clerk of this Court entered an order of Default against Rodolfo

Rodriguez on December 2, 2011 (dkt. 31);

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_____________________________________________________________________________
-2[PROPOSED] ORDER GRANTING MOTION TO CLERK FOR ENTRY OF DEFAULT
JUDGMENT AGAINST RODOLFO RODRIGUEZ, AN INDIVIDUAL

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9.

Rodolfo Rodriguez is not an infant, incompetent person, or a person in the

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military service or otherwise exempted from default under the Soldiers’ and Sailors’ Civil Relief

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Act of 1940; and

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10.

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NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

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A.

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Owner/Petitioner Larry Fortado, Sr. is entitled to entry of Default Judgment.

THAT Rodolfo Rodriguez is in default and this Court enters judgment in favor

of Owner/Petitioner Larry Fortado, Sr.;
B.

That Plaintiff-in-Limitation Larry Fortado, Sr., is not liable to any extent for any

damages and/or expenses in any way arising out of, or as a result of the grounding of the F/V
PHYLLIS J, ON 594641 which occurred on or about January 4, 2011;
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That Plaintiff-in-Limitation Larry Fortado, Sr., is hereby discharged from any

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and all further liability arising from the January 4, 2011, grounding of the F/V PHYLLIS J, ON

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594641, including, but not limited, any and all claims of Rodolfo Rodriguez; and

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D.

That all persons, firms, corporations or other legal entities that failed to file a

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claim in this proceeding within the time allowed by this Court be declared in default and forever

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barred from making any claims for such damages and/or expenses in this proceeding or any

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other proceeding.

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Dated: December ___, 2011

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_________________________
Clerk of the Court
UNITED STATES DISTRICT COURT
Northern District of California

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_____________________________________________________________________________
-3[PROPOSED] ORDER GRANTING MOTION TO CLERK FOR ENTRY OF DEFAULT
JUDGMENT AGAINST RODOLFO RODRIGUEZ, AN INDIVIDUAL

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Motion and Order Presented by:
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YOUNG deNORMANDIE, P.C.
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By: /S/ Markos Scheer_____
Markos Scheer, WSBA #29233, pro hac vice
[e-mail]
Attorneys for Owner/Plaintiff-in-Limitation
M:\Data\A-M\Fortado, Larry\adv. Rodolfo Rodriguez\Pleadings\Proposed Order - Motion for Default Judgment.doc

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_____________________________________________________________________________
-4[PROPOSED] ORDER GRANTING MOTION TO CLERK FOR ENTRY OF DEFAULT
JUDGMENT AGAINST RODOLFO RODRIGUEZ, AN INDIVIDUAL