In the Matter of Yachting Specialties, Inc.

Filing 43

DEFAULT JUDGMENT AGAINST NON-APPEARING CLAIMANTS. Default judgment is entered for plaintiff-in-limitation against all persons that have failed to file claims. Signed by Judge Maxine M. Chesney on October 2, 2017. (mmclc1, COURT STAFF) (Filed on 10/2/2017)

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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-01922-MMC
[PROPOSED] DEFAULT JUDGMENT
AGAINST NON-APPEARING
CLAIMANTS
Date:
Time:
Location:
Judge:

August 25, 2017
9:00 a.m.
Courtroom 7 - 19th Floor
Maxine M. Chesney

WHEREAS, Notice to Claimants of Filing Limitation Proceeding having been issued

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herein against all persons, concerns or firms claiming damages for any and all losses arising out

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of a March 8, 2015, incident involving the vessel M/V Assist Golden Gate, was operating in the

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Pacific Ocean off the coast of San Francisco, California, admonishing them, and each of them, to

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appear and file their respective claims and answers, if any, and serve on counsel for the Plaintiff-

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in-Limitation YACHTING SPECIALTIES, INC. on or before May 19, 2017;

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WHEREAS, said Notice to Claimants having been duly published and provided to all

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decedents and/or persons known to have made any claim against the Plaintiff-in-Limitation

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arising out of the events surrounding the March 8, 2015, incident involving the vessel M/V
[PROPOSED] DEFAULT JUDGMENT AGAINST NON-APPEARING CLAIMANTS
Case No. 3:17-cv-1922; Our File No. 8004.42

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Assist Golden Gate that serves as the basis of this action, as more clearly appears in the

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Declaration of counsel, and the time for filing claims and answers having expired, on application

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of Plaintiff-in-Limitation; and

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WHEREAS, the clerk of this Court entered default against all possible claimants, known

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and unknown, who have not filed and served their claims or answers against Plaintiff-in-

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Limitation, on June 19, 2017.

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IT IS HEREBY ORDERED:

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1.

That the default of all persons who claim to have sustained any loss, injury,

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expense or damage as a result of the aforesaid incident involving the vessel M/V Assist Golden

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Gate, and have failed to file claims in this action in accordance with the Court-ordered deadlines

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that have now passed, is confirmed, noted, and entered;

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2.

That all such persons are barred and permanently restrained from filing and/or

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prosecuting in any court, all claims which might properly have been filed in this limitation

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proceeding; and

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3.

That default judgment is hereby entered for Plaintiff-in-Limitation YACHTING

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SPECIALTIES, INC., against all persons that have failed to file claims in this action in

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accordance with the Court-ordered deadlines that have now passed, and pursuant to said

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judgment they be exonerated from liability on all future claims for loss, injury expense or

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damage arising out of the aforesaid incident involving the vessel M/V Assist Golden Gate

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claimed by any and/or all such persons.

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4.

That the hearing scheduled for December 1, 2017, is hereby VACATED.

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IT IS SO ORDERED.

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October 2
Dated:____________, 2017

_______________________________
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Hon. Maxine M. Chesney
H
Hon.
M
UNITED STATES DISTRICT JUDGE
UNITE
TED
TE
GE

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[PROPOSED] DEFAULT JUDGMENT AGAINST NON-APPEARING CLAIMANTS
Case No. 3:17-cv-1922; Our File No. 8004.42

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