In re Lonnie Everett Owen, Sr.

Filing 11

ORDER DIRECTING ISSUANCE OF NOTICE AND PUBLICATION THEREOF, AND RESTRAINING ORDER. Signed by Judge ARMSTRONG on 5/12/10. (lrc, COURT STAFF) (Filed on 5/13/2010)

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G. GEOFFREY ROBB (131515) [e-mail] MARKER E. LOVELL, JR. (208659) [e-mail] CHELSEA D. YUAN (240559) [e-mail] GIBSON ROBB & LINDH LLP 100 First Street, 27th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff-in-Limitation LONNIE EVERETT OWEN, SR.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

In the matter of LONNIE EVERETT OWEN, SR., an individual, as owner of the 2009 SKEETER ZX250, for exoneration from or limitation of liability

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Case No. CV 10 0973 SBA [ORDER DIRECTING ISSUANCE OF NOTICE AND PUBLICATION THEREOF, AND RESTRAINING ORDER

WHEREAS, this complaint for exoneration from or limitation of liability is being filed simultaneously with this [proposed] order by Plaintiff-inLimitation LONNIE EVERETT OWEN, SR., ("Plaintiff-in-Limitation) as owner of the 2009 SKEETER ZX250 ("the VESSEL"), wherein Plaintiff-in-Limitation seeks exoneration from or limitation of liability for any and all losses, injuries, and/or damages occasioned as a result of the collision between the VESSEL and a 2001 Larson 210LXI potentially resulting in injuries to passengers on said vessel on August 1, 2009, on the Old River in Contra Costa County, California; and WHEREAS, the complaint having stated the facts and circumstances upon which said exoneration or limitation is claimed; and ///
[PROPOSED] ORDER DIRECTING ISSUANCE OF NOTICE AND PUBLICATION THEREOF, AND RESTRAINING ORDER Case No. ; Our File No. 8002.63

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WHEREAS, it appearing that the claims that may be made against Plaintiff-in-Limitation may be in amounts which will exceed the value of Plaintiff-in-Limitation's interest in the VESSEL for losses, injuries, and/or damages said to have been occasioned or incurred in consequence of the aforesaid voyage; and WHEREAS, Plaintiff-in-Limitation's surety has given security for damages in costs herein; AND NOW THEREFORE, on application of Gibson Robb & Lindh LLP, counsel for Plaintiff-in-Limitation, it is hereby: ORDERED that the Clerk of this Court issue a notice forthwith, in the form submitted with this Order, to all persons or entities asserting claims with respect to which the complaint seeks exoneration or limitation, admonishing them to file their respective claims with the Clerk of the Court and serve attorneys for Plaintiff-in-Limitation with a copy thereof within 30 days of the issuance of the notice; AND IT IS FURTHER ORDERED that public notice shall be given by publication thereof in the legal newspaper known as "The Recorder," and that such notice shall be published once a week for four consecutive weeks prior to the date affixed herein for filing of claims; AND IT IS FURTHER ORDERED that not later than the date of the second publication of said notice, Plaintiff-in-Limitation shall mail a copy of said notice to every person or concern, if any, known to have made any claim against Plaintiff-in-Limitation as a result of the incident involving the VESSEL on or about August 1, 2009; AND IT IS FURTHER ORDERED that the continued prosecution of any and all suits, actions or proceedings which may already have begun against Plaintiffin-Limitation in any court whatsoever to recover damages arising out of, or occasioned by, or consequent upon the aforesaid voyage or trip on which the
[PROPOSED] ORDER DIRECTING ISSUANCE OF NOTICE AND PUBLICATION THEREOF, AND RESTRAINING ORDER Case No. ; Our File No. 8002.63

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VESSEL collided with the 2001 Larson 210LXI on August 1, 2009, during which six people may have been injured, and institution or prosecution of any suits, actions or legal proceedings of any nature description whatsoever in any court wheresoever, except in this proceeding for exoneration from or limitation of liability, against Plaintiff-in-Limitation, in respect of any claim or claims arising out of the aforesaid voyager trip on which the VESSEL was then engaged, or otherwise subject to limitation proceeding, be and the same are hereby are stayed and restrained; AND IT IS FURTHER ORDERED that a certified copy of this order as a restraining order shall be served by certified mail, return receipt requested, on the person or persons, or entity or entities, to be restrained, or to their respective attorneys or representatives; AND IT IS FURTHER ORDERED that the publication and mailing of copies of the Notice to Claimants, required by Rule F(4), Supplemental Rules for Certain Admiralty and Maritime Claims, Federal Rules of Civil Procedure, shall constitute due notice to all persons asserting claims with respect to which said complaint seeks limitation or exoneration. IT IS SO ORDERED.

Dated: 5/12/10

_________________________________ U.S. District Court Judge UNITED STATES DISTRICT COURT Northern District of California

[PROPOSED] ORDER DIRECTING ISSUANCE OF NOTICE AND PUBLICATION THEREOF, AND RESTRAINING ORDER Case No. ; Our File No. 8002.63

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