Archer v. Perakos

Filing 13

ORDER to Deposit Surety Bond. By 12/24/2013, plaintiff SHALL DEPOSIT into the registry of the court, as security for a sum equal to plaintiff's interestin the vessel together with costs, a surety bond in the amount of $25,000.00, together with interest thereon at a rate of 6% per annum, from the date of the bond. By Judge Robert E. Blackburn on 12/17/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 1:13-cv-03139-REB-MJW
In Re: Petition of DANIEL ARCHER, as
Owner of the unnamed vessel Hull ID
#SERA5032J798, for Exoneration from or
Limitation of Liability,
Plaintiff.

ORDER TO DEPOSIT SURETY BOND
Blackburn, J.
The matter before the court is plaintiff’s Verified Petition for Exoneration from
or Limitation of Liability [#1], filed November 19, 2013. Plaintiff brings this action
under The Shipowners Limitation of Liability Act, 46 U.S.C. § 30501 et seq. (the “Act”),
and Supplemental Rule F of the Supplemental Rules for Admiralty or Maritime Claims
and Asset Forfeiture Actions (the “Supplemental Rule”), seeking to limit his potential
liability to the putative value of the vessel for claims arising out of a voyage of the
unnamed vessel, Hull ID #SERA5032J798, on June 19, 2011.
To be entitled to the protections afforded by the Act and the Supplemental Rule,
plaintiff, as owner of the subject vessel,
shall deposit with the court, for the benefit of claimants, a
sum equal to the amount or value of the owner’s interest in
the vessel and pending freight, or approved security therefor,
and in addition such sums, or approved security therefor, as
the court may from time to time fix as necessary to carry out
the provisions of the statutes as amended; . . . The plaintiff
shall also give security for costs and, if the plaintiff elects to
give security, for interest at the rate of 6 percent per annum
from the date of the security.

Supplemental Rule F(1). Although plaintiff has indicated that he will deposit such funds
into the registry of the court (see Ad Interim Stipulation For Value and Costs [#5],
filed November 20, 2013), he cannot do so absent court order, see D.C.COLO.LCivR
67.2(a).
Thus, I enter this order, directing plaintiff to deposit a surety bond in the amount
of the putative value of the vessel, plus costs and interest at the prescribed rate.
THEREFORE, IT IS ORDERED that by December 24, 2013, plaintiff SHALL
DEPOSIT into the registry of the court, as security for a sum equal to plaintiff’s interest
in the vessel together with costs, a surety bond in the amount of twenty-five thousand
dollars ($25,000.00), together with interest thereon at a rate of six percent (6%) per
annum, from the date of the bond.
Dated December 17, 2013, at Denver Colorado.
BY THE COURT:

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