In the Matter of Yachting Specialties, Inc.

Filing 48

ORDER GRANTING PLAINTIFF-IN-LIMITATION'S REQUEST FOR ORDER GRANTING THEIR COMPLAINT FOR EXONERATION OR LIMITATION OF LIABILITY. Signed by Judge Maxine M. Chesney on November 28, 2017. (mmclc1, COURT STAFF) (Filed on 11/28/2017)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 3:17-cv-01922-MMC [PROPOSED] ORDER GRANTING PLAINTIFFS-IN-LIMITATION’S REQUEST FOR ORDER GRANTING THEIR COMPLAINT FOR EXONERATION OR LIMITATION OF LIABILITY Date: Time: Location: Judge: December 15, 2017 9:00 a.m. Courtroom 7 - 19th Floor Maxine M. Chesney 20 The Motion of Plaintiff-in-Limitation YACHTING SPECIALTIES, INC., as owner of 21 vessel M/V ASSIST GOLDEN GATE (CF No. 4515CG) (“Plaintiff-in-Limitation”) for an Order 22 granting exoneration from liability came on for hearing before the above-entitled Court on 23 24 25 26 27 December 22, 2017. Also before the Court is the "Stipulation to Plaintiff-in-Limitation's Request for Order Granting Complaint for Exoneration or Limitation of Liability," filed November 17, 2017, by Plaintiff-in-Limitation and claimant Rachel Belle. Having read and considered Plaintiff-in-Limitation's Motion and the parties' Stipulation, the Court deems the motion suitable for decision thereon, VACATES the hearing scheduled for December 15, 2017, and hereby rules as follows. 28 [PROPOSED] ORDER GRANTING PLAINTIFFS-IN-LIMITATION'S REQUEST FOR ORDER GRANTING THEIR COMPLAINT FOR EXONERATION OR LIMITATION OF LIABILITY Case No. 3:17-cv-1922-MMC; Our File No. 8004.42 1 The Court finds that Rachel Belle was the sole claimant who made any claim in response 2 to Plaintiff-in-Limitation’s Complaint for exoneration from and/or limitation of liability within 3 the time period set forth by the Court. The Court finds that Rachel Belle’s claims against 4 Plaintiff-in-Limitation have been fully resolved via settlement. Therefore, there are no 5 remaining legally cognizable claims contesting Plaintiff-in-Limitation’s right to exoneration 6 from liability. 7 8 9 10 Thus, the Court finds that Plaintiff-in-Limitation YACHTING SPECIALTIES, INC., is entitled to judgment as a matter of law. The Court further finds that any claims against Plaintiffother than Rachel Belle's settled claim in-Limitation are neither permissible nor necessary. The Court further finds that pursuant to ^ F.R.C.P. Rule 54(b) that there is no reason for delay in entry of judgment. 11 IT IS HEREBY ORDERED, JUDGED, AND DECREED AS FOLLOWS: 12 Plaintiff-in-Limitation’s Motion for an order granting Plaintiff-in-Limitation exoneration 13 from liability for damages, for any and all claims, losses, or injuries that occurred on or about 14 March 8, 2017, is granted; and the Clerk is expressly directed to enter judgment in favor of 15 Plaintiff-in-Limitation. 16 17 18 19 Dated: November 28 2017 ____________, _____________________ _____ ___ __ _ __ ___________ _ ________________________________ Honora Maxine M. Chesney on rable Honorable M. Unite States District Judge nited United 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING PLAINTIFFS-IN-LIMITATION'S REQUEST FOR ORDER GRANTING THEIR COMPLAINT FOR EXONERATION OR LIMITATION OF LIABILITY Case No. 3:17-cv-1922-MMC; Our File No. 8004.42 2-

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