In the Matter of Yachting Specialties, Inc.
Filing
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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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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] 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
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The Motion of Plaintiff-in-Limitation YACHTING SPECIALTIES, INC., as owner of
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vessel M/V ASSIST GOLDEN GATE (CF No. 4515CG) (“Plaintiff-in-Limitation”) for an Order
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granting exoneration from liability came on for hearing before the above-entitled Court on
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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.
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[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
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The Court finds that Rachel Belle was the sole claimant who made any claim in response
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to Plaintiff-in-Limitation’s Complaint for exoneration from and/or limitation of liability within
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the time period set forth by the Court. The Court finds that Rachel Belle’s claims against
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Plaintiff-in-Limitation have been fully resolved via settlement. Therefore, there are no
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remaining legally cognizable claims contesting Plaintiff-in-Limitation’s right to exoneration
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from liability.
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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
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F.R.C.P. Rule 54(b) that there is no reason for delay in entry of judgment.
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IT IS HEREBY ORDERED, JUDGED, AND DECREED AS FOLLOWS:
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Plaintiff-in-Limitation’s Motion for an order granting Plaintiff-in-Limitation exoneration
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from liability for damages, for any and all claims, losses, or injuries that occurred on or about
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March 8, 2017, is granted; and the Clerk is expressly directed to enter judgment in favor of
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Plaintiff-in-Limitation.
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Dated: November 28 2017
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_____________________
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Honora Maxine M. Chesney
on rable
Honorable
M.
Unite States District Judge
nited
United
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[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
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