In the Matter of the Complaint of Cantor Enterprises, Inc. et al.

Filing 5

ORDER Restraining All Suits, Directing Monition to Issue and Publication of Notice. Signed by Judge Cathy Ann Bencivengo on 7/21/2017. (jjg)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
) Case No.: 3:17-cv-01281-CAB-BLM
COMPLAINT OF CANTOR
)
ENTERPRISES, INC. dba CALIFORNIA ) IN ADMIRALTY
WATERSPORTS; and JOSHUA
)
CANTOR, individually
) ORDER RESTRAINING ALL SUITS,
) DIRECTING MONITION TO ISSUE
Plaintiffs-in-Limitation
) AND PUBLICATION OF NOTICE
)
)
)

10 IN THE MATTER OF THE
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A Complaint has been filed in the above-captioned court by Plaintiffs-in-

19 Limitation, CANTOR ENTERPRISES INC. doing business as CALIFORNIA
20 WATERSPORTS (hereinafter, referred to as "California Watersports") and JOSHUA
21 CANTOR (jointly hereinafter referred to as "Plaintiffs-in-Limitation"), in their
22 respective capacities as the owner of any and all Stand Up Paddle Boards (hereinafter
23 "SUPs") rented out by California Watersports in and around April 2015, and as an
24 individual entitled to assert exoneration from, or limitation of, liability, pursuant to
25 the Limitation of Liability Act, 46 U.S.C. § 30501 et seq., and Rule F of the
26 Supplemental Rules for Certain Admiralty and Maritime Claims, with respect to any
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28 ORDER RESTRAINING ALL SUITS, DIRECTING MONITION TO ISSUE, AND PUBLICATION
OF NOTICE

1 and all injuries, losses, damages, or claims arising out of, resulting from, or in any
2 manner connected with, the alleged "Incident" on or about April 25, 2015,
3 purportedly involving a Stand Up Paddle Board ("SUP") occurring on the navigable
4 waters of Agua Hedionda Lagoon, located in or around Carlsbad, California, as set
5 forth and alleged in the Complaint (hereinafter, the "Complaint") filed herein as
6 Document 1.

Plaintiffs-in-Limitation will now deposit with this Court, for the benefit of the

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8 claimants, the sum equivalent to the Maximum Value of any SUP that may have been
9 rented out by California Watersports in and around the time period of April 2015, in
10 the amount of Five Hundred Eighty Dollars ($580.00), and will deposit the sum of
11 Five Hundred Dollars ($500.00) as security for court costs under Local Civil Rule
12 F.1.
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It appears that claims have been made, or will be made against Plaintiffs-in-

14 Limitation or the SUP alleged to have been involved in the incident for losses or
15 damages arising out of, or in some manner connected with the matters set forth in the
16 Complaint.
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The Court, on the motion of Plaintiffs-in-Limitation, now issues the following

18 Orders:
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1.

Pursuant to Rule F(3) of the Supplemental Rules for Certain Admiralty

20 and Maritime Claims, except as filed in this proceeding, the commencement or
21 prosecution of any and all suits, actions or legal proceedings of any nature and
22 description, presently ongoing or to be filed in the future, against Plaintiffs-in23 Limitation or against the SUP as a result of the alleged April 25, 2015 incident
24 described in the Complaint is enjoined and said proceedings are to be stayed and
25 restrained until the hearing and determination of this proceeding;
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ORDER RESTRAINING ALL SUITS, DIRECTING MONITION TO ISSUE AND PUBLICATION
OF NOTICE

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2.

Pursuant to Rule F(4) of the Supplemental Rules for Certain Admiralty

2 and Maritime Claims, a monition shall issue out of and under seal of this Court. All
3 persons and entities asserting any claim against Plaintiffs-in-Limitation or the alleged
4 SUP involved in the alleged April 25, 2015 incident at issue for any loss, damage or
5 injury arising out of, resulting from, or in any manner connected with the matters set
6 forth in the Complaint are admonished to appear and file their respective claims and
7 answer the allegations of the Complaint with the Clerk of this Court at the United
8 States Courthouse located at 333 West Broadway, San Diego, California 92101 in
9 writing, and to serve a copy thereof on the attorneys for Plaintiffs-in-Limitation, on or
10 before October 31, 2017, or be deemed in contumacy and default, and that when all
11 proceedings have been completed, if it shall appear that the Plaintiffs-in-Limitation
12 are not liable for any such loss or damage, it may be finally so decreed by this Court;
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3.

A notice which is substantially in the same form as the "Notice of

14 Complaint for Exoneration From, or Limitation of, Liability" (hereinafter "Notice of
15 Complaint") that is lodged with this Court, shall be published once a week for four
16 (4) successive weeks prior to October 31, 2017, by Plaintiffs-in-Limitation, in The
17 San Diego Union-Tribune, a newspaper of general circulation printed and published
18 in the County of San Diego, California;
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4.

Plaintiffs-in-Limitation, pursuant to Rule F(4) of the Supplemental Rules

20 for Certain Admiralty and Maritime Claims, shall no later than the date of the second
21 publication mail a copy of the "Notice of Complaint" to every person and entity
22 known to have asserted a claim against Plaintiffs-in-Limitation or the SUP alleged to
23 be involved in the April 25, 2015 incident, arising out of, resulting from, or in any
24 manner connected with the Complaint in this action and in those cases where the
25 person or entity making the claim is known to have an attorney, the "Notice of
26 Complaint" shall be mailed to such attorney;
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ORDER RESTRAINING ALL SUITS, DIRECTING MONITION TO ISSUE AND PUBLICATION
OF NOTICE

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5.

The publication and mailing of the "Notice of Complaint" described

2 herein shall constitute due notice to all persons asserting claims arising out of or in
3 any way relating to that which the Complaint herein seeks exoneration from, or
4 limitation of, liability;
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Service of this Order as a restraining order may be accomplished by

6 mailing a copy of this executed Order to the persons to be restrained, or their
7 attorneys acting on their behalf.
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IT IS SO ORDERED.

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Dated: July 21, 2017

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ORDER RESTRAINING ALL SUITS, DIRECTING MONITION TO ISSUE AND PUBLICATION
OF NOTICE