Underwood

Filing 13

ORDER granting 3 Petitioner's Motion to Approve Ad Interim Stipulation and Enter Monition and Injunction. Signed by Magistrate Judge Carol Mirando on 8/30/2016. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN ADMIRALTY
IN THE MATTER OF:

Case No.:

2:16-cv-417-FtM-38CM

THE COMPLAINT OF DREW UNDERWOOD,
AS OWNER OF THE 2007 21’ CLEARWATER
BAY STAR 2100 (hull identification number
MUS21719J607), ITS ENGINES, TACKLE,
APPURTENANCES, EQUIPMENT, ETC.,
IN A CAUSE OF EXONERATION FROM OR
LIMITATION OF LIABILITY,
Petitioner.
_______________________________________/
ORDER APPROVING AD INTERIM STIPULATION, NOTICE OF
MONITION AND INJUNCTION
A Complaint has been filed herein by Petitioner, DREW UNDERWOOD, as
owner of the 2007 21’ CLEARWATER BAY STAR 2100 (hull identification number
MUS21719J607) (the “Vessel”). Petitioner is claiming the benefits of exoneration
from or limitation of liability as provided for in the Act of Congress embodied in 46
U.S.C. § 30501, et seq., together with all statutes supplementary thereof, and Rule F
of the Supplemental Rules for Certain Admiralty and Maritime Claims of the
Federal Rules of Civil Procedure.

Petitioner also is contesting liability

independently of the limitation of liability claim under said Act for any loss,
damage, personal injuries, or destruction of property or other occurrences arising
from the incident described in said Complaint, which occurred on or about May 24,
2014 on the navigable waters of the United States in Fort Myers Beach, Lee

County, Florida. Petitioner’s Complaint also states the facts and circumstances on
which such exoneration from or limitation of liability is claimed; and on hearing
counsel for Petitioner and on considering the Complaint and Declaration of Value,
which are on file herein, and considering Petitioner is able and willing to make such
increases or decreases in the Ad Interim Stipulation, together with adequate surety
as the Court may from time to time require and the value of Petitioner’s interest in
the Vessel can be more definitely ascertained, the Court finds that an Ad Interim
Stipulation in the amount of $17,000.00 fully covers the value of Petitioner’s
interest in the Vessel, together with her engines, tackles, appurtenances, etc.
ACCORDINGLY, it is hereby
ORDERED that the Ad Interim Stipulation filed by Petitioner herein, which
represents the value of Petitioner’s interest in the Vessel and her pending freight,
as fixed by the Court herein in the amount of $17,000.00 with Petitioner being
subject to such increases in the amount of such Ad Interim Stipulation, together
with adequate surety, as the Court may from time to time order according to the
rules and practices of this Court, be and is hereby APPROVED. It is further
ORDERED that if the amount of said Ad Interim Stipulation is not
contested by any Claimant herein, said Ad Interim Stipulation shall stand as a
stipulation for the value and an appraisal by a Commissioner will not be required;
and
IT IS FURTHER ORDERED AND ADJUDGED that the Notice of
Monition filed herein by Petitioner, which advises and admonishes all persons

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asserting claims for any and all losses, damages, injuries, deaths, or destruction
allegedly as a result of the occurrences and happenings recited in the Complaint, to
file their respective claims with the Clerk, United States District Court for the
Middle District of Florida, 2110 First Street, Fort Myers, Florida 33901, on or before
October 31, 2016, and serve Petitioner’s attorneys, Hamilton, Miller & Birthisel,
LLP, 100 S. Ashley Drive, Suite 1210, Tampa, Florida 33602, a copy thereof, or be
defaulted. If any claimant desires to contest Petitioner’s right to exoneration from
or limitation of liability, Claimant shall file and serve on Petitioner’s attorneys an
answer to the Complaint, on or before said date, unless the claim included an
answer to the Complaint so designated, or be defaulted, be and is hereby
APPROVED. It is further
ORDERED AND ADJUDGED that the aforesaid Notice of Monition, in the
form required by Rule F of the Supplemental Rule for Certain Admiralty and
Maritime Claims of the Federal Rules of Civil Procedure, shall be published in
accordance with Rule F, Supplemental Rules for Certain Admiralty and Maritime
Claims and Local Admiralty Rules 7.01 and 7.06, and that Petitioner’s Notice of
Monition shall stand as if it were issued out of and under the seal of this Court. It
is further
ORDERED AND ADJUDGED that the commencement or further
prosecution of any action or proceeding against Petitioner, the Vessel or any other
property of Petitioner with respect to any claims for which Petitioner seeks
exoneration from or limitation of liability herein, including any claim arising out of

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or incident to or connected with any loss, damage, injury, death or destruction, more
fully described in the Complaint, be and the same is hereby restrained, stayed, and
enjoined until the hearing and determination of this action. It is further
ORDERED AND ADJUDGED that the service of this Order as a
restraining order may be made by mailing a conformed copy of it to the person or
persons to be restrained, or to their respective attorneys, or alternatively, by hand
delivery.
IT IS FINALLY ORDERED AND ADJUDGED that Petitioner, no later
than the second day of publication of the notice ordered herein, shall mail a copy of
the notice to every person or entity known to have made a claim against Petitioner
or the Vessel arising out of the incident more fully described in the Complaint.
DONE AND ORDERED in Fort Myers, Florida on this 30th day of August,
2016.

Copies to:
Counsel of record

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