Price v. Facebook, Inc.

Filing 696

Price v. Facebook, Inc.

Doc. 696

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PETER A. LINDH (061907) MARKER E. LOVELL, JR. (208659) GIBSON ROBB & LINDH LLP 100 First Street, 27th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Petitioner BURCHELL ENTERPRISES, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

In the Matter of Petitioner BURCHELL ENTERPRISES, INC. as Owners of F/V MARIAN ANN for Exoneration from and/or Limitation of Liability

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Case No. C 04 5193 SBA ORDER DIRECTING ISSUANCE OF NOTICE AND PUBLICATION THEREOF, AND RESTRAINING ORDER

WHEREAS, a Petition for exoneration from or limitation of liability is being filed simultaneously with this [Proposed] Order by Petitioner Burchell Enterprises, Inc., (hereinafter "Petitioner") as owner of the F/V MARIAN ANN, wherein petitioner seeks exoneration from or limitation of liability for any and all losses, injuries and/or damages occasioned as a result of the sinking of the F/V MARIAN ANN on or about September 23, 2004, off the coast of California, and certain other relief; and WHEREAS, the complaint having stated the facts and circumstances upon which said exoneration and limitation are claimed; and WHEREAS, it appearing that claims may be made against the Petitioner in amounts which will exceed the value of Petitioner's interests in the vessel MARIAN ANN for losses, injuries and/or damages said to have been occasioned or incurred in consequent of the aforesaid voyage; and WHEREAS, Petitioner's surety has given security for damages and costs herein; NOW THEREFORE, on application of Gibson Robb & Lindh LLP, counsel for Petitioner, it is hereby: ORDERED that the Clerk of this Court issue a notice forthwith, in the form submitted with this

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Order and attached as an exhibit hereto, to all persons or entities asserting claims with respect to which the complaint seeks limitation, admonishing them to file their respective claims with the Clerk of the Court and serve attorneys for Petitioner with copies thereof within thirty 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 "The Recorder," and that such notice shall be published once a week for four consecutive weeks prior to the date fixed herein for filing of claims; and it is further ORDERED that not later than the date of the second publication of said notice, the Petitioner shall mail a copy of said notice to every person or concern, if any, known to have made any claim against Petitioners and to decedent(s) at the decedent(s) last known address and to any person who shall be known to have made a claim on account of such death , as a result of the sinking of the F/V MARIAN ANN on or about September 23, 2004; and it is further ORDERED that the continued prosecution of any and all suits, actions or proceedings which may have already begun against Petitioner in any Court whatsoever to recover damages arising out of, occasioned by, or consequent upon the aforesaid voyage or trip in which the MARIAN ANN was then engaged and during which she was lost, and the institution or prosecution of any suits, actions or legal proceedings of any nature or description whatsoever in any Court wheresoever, except in this proceeding for exoneration from or limitation of liability, against Petitioner, in respect of any claim or claims arising out of the aforesaid voyage or trip on which the MARIAN ANN was then engaged, or otherwise subject to limitation in this proceeding, be and the same 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, //

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shall constitute due notice to all persons asserting claims with respect to which said complaint seeks limitation or exoneration. IT IS SO ORDERED. This 13th day of December, 2004, at Oakland, California.

/s/ Saundra Brown Armstrong UNITED STATES DISTRICT JUDGE

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