Fattorusso et al v. The M/V Wanderer II et al

Filing 86

ORDER granting 85 The Plaintiffs Leslie A. Fattorusso and Gerald N. Harringtons Motion for Clerks Default againt the M/V Wanderer II. The Clerk of the Court is hereby directed to enter a Clerk's default against the M/V Wanderer II, Official Number 1052543. Signed by Magistrate Judge Sheri Polster Chappell on 9/28/2011. (LMH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
LESLIE A. FATTORUSSO; GERALD N.
HARRINGTON,
Plaintiffs,
-vs-

Case No. 2:10-cv-201-FtM-36SPC

THE M/V WANDERER II, (official number
1052543), its engines, tackle, apparel, etc. , in rem
and BLAYNE HASS, in personam,
Defendants.
______________________________________

ORDER
This matter comes before the Court on the Plaintiffs Leslie A. Fattorusso and Gerald N.
Harrington’s Motion for Clerk’s Default against the M/V Wanderer II (Doc. #85) filed on September
27, 2011. Under Fed. R. Civ. P. 55(a), default is justified “[w]hen a party against whom a judgment
for affirmative relief is sought has failed to plead or otherwise appear by affidavit or otherwise, the
clerk shall enter the party’s default.”
On August 31, 2011, the Plaintiffs effectuated service (Doc. # 80) upon the M/V Wanderer
II, Official Number 1052543. To date the vessel has failed to respond, file a pleading, or otherwise
defend as provided for in the Federal Rules of Civil Procedure. Pursuant to Local Rule of Admiralty,
a claim of owner must be filed by anyone claiming ownership of an arrested vessel within fourteen
(14) days if the vessel’s arrest. Supplemental Rule (C)(6)(a)(ii). Furthermore, anyone making a
claim against the vessel would have to file an answer within twenty-one (21) days of the vessel’s

arrest. M.D. Fla. Local Admiralty Rule 7.03(f). In this instance, no one has made a claim nor filed
an answer against the M/V Wanderer II.
Additionally, the Plaintiffs met the requirements of M.D. Fla. Local Rule of Admiralty
7.03(h), which requires the Plaintiff provide notice of the claim against the M/V Wanderer II by
publication in a local newspaper and delivery by certified mail to every known person or alleged
owner of the vessel who might have a claim. No one responded to the Plaintiffs’ claim against the
M/V Wanderer II. Therefore good cause exists to grant the Motion for Clerk’s Default.
Accordingly, it is now
ORDERED:
The Plaintiffs Leslie A. Fattorusso and Gerald N. Harrington’s Motion for Clerk’s Default
againt the M/V Wanderer II (Doc. #85) is GRANTED. The Clerk of the Court is hereby directed
to enter a Clerk’s default against the M/V Wanderer II, Official Number 1052543.
DONE AND ORDERED at Fort Myers, Florida, this

Copies: All Parties of Record

-2-

28th

day of September, 2011.