In the Matter of Yachting Specialties, Inc.
Filing
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ORDER DIRECTING ISSUANCE OF NOTICE AND PUBLICATION THEREOF. Signed by Judge Maxine M. Chesney on April 14, 2017. (mmclc1, COURT STAFF) (Filed on 4/14/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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In the Matter of YACHTING
SPECIALTIES, INC., as owner of vessel
M/V ASSIST GOLDEN GATE (CF No.
4515CG), for Exoneration From or
Limitation of Liability
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Case No. 3:17-cv-1922
[PROPOSED] ORDER DIRECTING
ISSUANCE OF NOTICE AND
PUBLICATION THEREOF
was filed on April 6, 2017,
WHEREAS, a complaint is being filed simultaneously with this [Proposed] Order by
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which Plaintiff-in-Limitation YACHTING SPECIALTIES, INC. (“Plaintiff-in-Limitation”), as
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owner of vessel M/V ASSIST GOLDEN GATE (CF No. 4515CG) (“VESSEL”), wherein
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Plaintiff-in-Limitation seeks exoneration from or limitation of liability for any losses, injuries,
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and/or damages occasioned as a result of the VESSEL voyage on or about March 8, 2015, in the
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Pacific Ocean off the coast of San Francisco, California; and
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WHEREAS, the complaint having stated the facts and circumstances upon which said
exoneration or limitation is claimed; and
WHEREAS, it appearing that the claims that may be made against Plaintiff-in-Limitation
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may be in amounts which will exceed the value of the interest of Plaintiff-in-Limitation in the
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VESSEL for losses, injuries, and/or damages said to have been occasioned or incurred in
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consequence of the aforesaid voyage; and
[PROPOSED] ORDER DIRECTING ISSUANCE OF NOTICE AND PUBLICATION THEREOF
Case No. 3:17-cv-1922; Our File No. 8004.42
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herein;
and
WHEREAS, the surety for Plaintiff-in-Limitation has given security for damages in costs
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AND NOW THEREFORE, on application of Gibson Robb & Lindh LLP, counsel for
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Plaintiff-in-Limitation, it is hereby:
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ORDERED that the Clerk of this Court issue a notice forthwith, in the form submitted
by plaintiff on April 6, 2017,
with this Order, to all persons or entities asserting claims with respect to which the complaint
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seeks exoneration or limitation, admonishing them to file their respective claims with the Clerk
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of the Court and serve attorneys for Plaintiff-in-Limitation with a copy thereof within 30 days of
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the issuance of the notice; no later than May 19, 2017;
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AND IT IS FURTHER ORDERED that public notice shall be given by publication
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thereof in the legal newspaper known as “The Recorder,” and that such notice shall be published
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once a week for four consecutive weeks prior to the date affixed herein for filing of claims;
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AND IT IS FURTHER ORDERED that not later than the date of the second publication
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of said notice, Plaintiff-in-Limitation shall mail a copy of said notice to every person or concern,
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if any, known to have made any claim against Plaintiff-in-Limitation as a result of the incident
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involving the VESSEL on or about March 8, 2015;
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AND IT IS FURTHER ORDERED that the continued prosecution of any and all suits,
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actions or proceedings which may already have begun against Plaintiff-in-Limitation in any court
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whatsoever to recover damages arising out of, or occasioned by, or consequent upon the
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aforesaid voyage or trip of the VESSEL on or about March 8, 2015, and institution or
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prosecution of any suits, actions or legal proceedings of any nature description whatsoever in any
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court wheresoever, except in this proceeding for exoneration from or limitation of liability,
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against Plaintiff-in-Limitation, in respect of any claim or claims arising out of the aforesaid
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voyager trip on which the VESSEL was then engaged, or otherwise subject to limitation
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proceeding, be and the same are hereby are stayed and restrained;
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AND IT IS FURTHER ORDERED that a certified copy of this order as a restraining
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order shall be served by certified mail, return receipt requested, on the person or persons, or
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entity or entities, to be restrained, or to their respective attorneys or representatives;
[PROPOSED] ORDER DIRECTING ISSUANCE OF NOTICE AND PUBLICATION THEREOF
Case No. 3:17-cv-1922; Our File No. 8004.42
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AND IT IS FURTHER ORDERED that the publication and mailing of copies of the
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Notice to Claimants, required by Rule F(4), Supplemental Rules for Certain Admiralty and
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Maritime Claims, Federal Rules of Civil Procedure, shall constitute due notice to all persons
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asserting claims with respect to which said complaint seeks limitation or exoneration.
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IT IS SO ORDERED.
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Dated: April 14
, 2017
By:
U.S. District Court Judge
U.S. District
S
S. i
UNITED
I
U
UNITED STATES DISTRICT COUR
COURT
Northern District of California
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[PROPOSED] ORDER DIRECTING ISSUANCE OF NOTICE AND PUBLICATION THEREOF
Case No. 3:17-cv-1922; Our File No. 8004.42
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