In the Matter of Yachting Specialties, Inc.

Filing 11

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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