In the Matter of the Complaint of Ross Island Sand & Gravel Co.

Filing 7

ORDER DIRECTING CLERK OF COURT TO ISSUE NOTICE OF MONITION; ORDER DIRECTING CLAIMANTS TO FILE AND MAKE PROOF OF CLAIMS; ORDER RESTRAINING PROSECUTION OF CLAIMS. Signed by Judge Maria-Elena James on 2/11/2014. (cdnS, COURT STAFF) (Filed on 2/11/2014)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
IN THE MATTER OF THE
COMPLAINT OF ROSS ISLAND
SAND & GRAVEL CO., AS OWNER
OF THE ROLLER BARGE, FOR
EXONERATION FROM OR
LIMITATION OF LIABILITY

§
§
§
§
§
§

C.A. NO. 3:14-CV-601
RULE 9(h), IN ADMIRALTY

ORDER DIRECTING CLAIMANTS TO FILE AND MAKE PROOF OF
CLAIMS, DIRECTING THE ISSUANCE OF MONITION, AND
RESTRAINING PROSECUTION OF CLAIMS
Notice is hereby given that Ross Island Sand & Gravel Co. (Ross Island)
has filed a complaint on February 7, 2014, pursuant to 46 U.S.C. §§ 30501, et seq,
and Supplemental Admiralty Rule F, claiming the right to exoneration from, or
limitation of liability for, all claims arising out of a claimed incident on or about
November 17, 2010, in Stockton, California, on the ROLLER BARGE involving
Ron Green. Ross Island was the owner of the ROLLER BARGE at the time of and
after the November 17, 2010, incident, and on considering the Complaint and
Affidavit of Value of the vessel, which are on file, stating the value of the ROLLER
BARGE to be THIRTY-FIVE THOUSAND DOLLARS ($35,000.00),
IT IS HEREBY ORDERED that a Monition issue against all persons having
such claims for any and all losses, personal injuries, destruction of property, as
alleged in Ross Island’s Complaint for Exoneration from or Limitation of Liability
must file them as provided by Rule F of the Supplemental Rules for Certain
Admiralty and Maritime Claims with the Clerk of this Court, The Hon. Richard
W. Wieking, United States District Court, 450 Golden Gate Avenue, Box 36060
San Francisco, CA 94102-3489, and serve on or mail copies to Ross Island’s

1

attorney, Thomas C. Fitzhugh III, Fitzhugh& Elliott, P.C., 12727 Kimberley Lane,
15th
Suite 302, Houston, Texas 77024-4053, on or before the _______ day of
April
______________________, 2014, subject to the rights or any person
claiming damages who shall have presented a claim to answer the Complaint and
to controvert, or be defaulted and forever barred from such a claim, and that any
claimant desiring to contest Ross Island’s right to exoneration from or limitation
of liability must file an Answer to Ross Island’s original complaint and/or a claim
as required by Rule F(4) – (5) of the Supplemental Rules, and serve or mail a
copy to Ross Island’s attorney; and it is further
ORDERED, that public notice of the Monition be given by publication in a
newspaper published in the San Francisco area within the Northern District of
California, such publication in said paper to be for at least four successive weeks
before the return date of this Order demanding the presentation of all claims
against Ross Island, and it is further
ORDERED, that the beginning or continued prosecution of any and all
suits, actions or legal proceedings of any nature or description whatsoever, except
in the present proceeding, in respect of any claim arising out of, consequent
upon, or in connection with the aforesaid incident on the ROLLER BARGE on
November 17, 2010, described in the Complaint for Exoneration from or
Limitation of Liability, are hereby stayed and restrained until the hearing and

__________________________
UNITED STATES DISTRICT JUDGE

NO

Jud

A

H

ER

LI

RT

2

a James

a-Elen
ge Mari

R NIA

S

UNIT
ED

RT
U
O

11th
February
Signed this the _______ day of ______________, 2014.

S DISTRICT
TE
C
TA

FO

termination of this proceeding.

N

D

OF

C