In the Matter of the Complaint of Golden Gate Bridge, Highway & Transportation District

Filing 18

ORDER re 17 Proposed Order for Second Amended Notice of Action filed by In the Matter of the Complaint of Golden Gate Bridge, Highway & Transportation District. Signed by Judge Jon S. Tigar on January 9, 2014. (wsn, COURT STAFF) (Filed on 1/9/2014)

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Rex M. Clack, Esq. (SBN 59237)
[e-mail]
David E. Russo, Esq. (SBN 112023)
[e-mail]
STERLING & CLACK
A Professional Corporation
601 Van Ness Avenue, Suite 2018
San Francisco, California 94102
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
GOLDEN GATE BRIDGE, HIGHWAY &
TRANSPORTATION DISTRICT

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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In the Matter of the Complaint of

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GOLDEN GATE BRIDGE, HIGHWAY &
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TRANSPORTATION DISTRICT, as Owner
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and Operator of the M/S SAN FRANCISCO, )
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Plaintiff,
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For Exoneration From or Limitation of Liability.)
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Case No.: CV 13 5875 JST
[PROPOSED] SECOND AMENDED
NOTICE OF ACTION BROUGHT FOR
EXONERATION FROM OR LIMITATION
OF LIABILITY

NOTICE IS HEREBY GIVEN that plaintiff GOLDEN GATE BRIDGE, HIGHWAY &

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TRANSPORTATION DISTRICT (“plaintiff”), owner and operator of that certain vessel, the M/S

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SAN FRANCISCO, built in or about 1974, with an approximate length of 165 feet, bearing

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registration number 586350 (hereinafter referred to as “the M/S SAN FRANCISCO”) has, on

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December 18, 2013, filed a complaint wherein it claims that any losses, damages, or injuries

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allegedly occasioned, sustained, or incurred upon or in any manner arising out of the operation of

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the M/S SAN FRANCISCO on or about its voyage on San Francisco Bay on February 16, 2013, in

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which a small boat collided with the M/S SAN FRANCISCO and the boat’s operator was killed and

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the passenger injured, were not the result of any negligence on plaintiff’s part or any
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___________________________________________________________________________________________________________

[PROPOSED] SECOND AMENDED NOTICE OF ACTION FOR
EXONERATION FROM OR LIMITATION OF LIABILITY

CV 13 5875 JST

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unseaworthiness of the vessel or that any such negligence or unseaworthiness was without the

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knowledge or privity of plaintiff. Said complaint seeks exoneration from or limitation of liability

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for any losses, damages, or injuries allegedly occasioned, sustained, or incurred upon or in any

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manner arising out of said voyage.

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All persons, concerns, or firms having claims for such loss, damage, or injury must file said

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claims, as provided in the Federal Rules of Civil Procedure, Supplemental Rule F(5) for Admiralty

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and Maritime Claims, on or before February 19, 2014, with the Clerk of the United States District

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Court for the Northern District of California, 450 Golden Gate Avenue, San Francisco, California

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94102, and serve on or mail a copy thereof to plaintiff’s attorneys Sterling & Clack, 601 Van Ness

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Avenue, Suite 2018, San Francisco, CA 94102, Attention: Rex M. Clack, or be defaulted.
Any claimant desiring to contest the right of the plaintiff to exoneration from or limitation of

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liability must file an answer to the said complaint with this Court, unless his claim has contained an

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answer, and serve on or mail to plaintiff’s attorney a copy thereof on or before the date hereinabove

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set forth, as required by the Federal Rules of Civil Procedure, Supplemental Rule F(5) for

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Admiralty and Maritime Claims.

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9th
IT IS ORDERED this _____ day of January, 2014 at San Francisco, California.

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HON. JON S. TIGAR
JUDGE OF THE U.S. DISTRICT COURT
For the Northern District of California

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21510113/P/LOLA/Second Amended Notice of Action

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___________________________________________________________________________________________________________

[PROPOSED] SECOND AMENDED NOTICE OF ACTION FOR
EXONERATION FROM OR LIMITATION OF LIABILITY

CV 13 5875 JST