In the Matter of: Tammy Tranter as owner of the Motor Vessel "Southern Vortex," a 47 foot 2004 Formula Thurnderbird bearing Hull Identification Number TNRD2634A304

Filing 19

ORDER granting 18 Plaintiff Tammy Tranter's Renewed Motion for Default Judgment Against Non-Filing Claimants. The Clerk shall enter default judgment in favor of Plaintiff TAMMY TRANTER, as Owner of the Motor Vessel ''SOUTHERN VO RTEX,'' a 47 Foot 2004 Formula Thunderbird Bearing Hull Identification Number TNRD2634A304, Her Engines, Tackle, Apparel and Appurtenances, against all claimants who have not timely filed claims or answers in response to Plaintiff's Amended Verified Complaint for Exoneration from or Limitation of Liability. The Clerk of Court is DIRECTED to terminate all pending motions and deadlines and close the file. Signed by Judge Sheri Polster Chappell on 2/28/2018. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN RE: TAMMY TRANTER, AS
OWNER OF THE MOTOR VESSEL
''SOUTHERN VORTEX,'' A 47 FOOT
2004 FORMULA THUNDERBIRD
BEARING HULL IDENTIFICATION
NUMBER TNRD2634A304

TAMMY TRANTER, AS OWNER OF
THE MOTOR VESSEL ''SOUTHERN
VORTEX,'' A 47 FOOT 2004 FORMULA
THUNDERBIRD BEARING HULL
IDENTIFICATION NUMBER
TNRD2634A304, Her Engines, Tackle,
Apparel and Appurtenances
Plaintiff,
v.

Case No: 2:17-cv-144-FtM-38MRM

UNKNOWN DEFENDANT,
Defendant.
/
ORDER1
Before the Court is Plaintiff Tammy Tranter’s Renewed Motion for Default
Judgment (Doc. 18) filed on February 9, 2018. Plaintiff requests the Court enter a default
judgment against any and all persons and/or entities who have failed to file claims or
answers. (Doc. 18 at 1). For the following reasons, the Court grants Plaintiff’s motion.

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This case stems from a vessel fire. (Doc. 5 at ¶¶ 5-7). The fire occurred aboard
Plaintiff’s vessel while it was moored at Snook Bright Marina. (Doc. 5 at ¶¶ 6-8). It not
only destroyed Plaintiff’s vessel but also allegedly caused damage to the Marina’s dock
and several nearby vessels. (Doc. 5 at ¶ 10). Plaintiff seeks exoneration from or limitation
of liability for all losses, injuries, and damages arising from that incident. (Doc. 5). To
that end, Plaintiff filed a Motion for Entry of Default and Default Judgment against nonfiling claimants. (Doc. 13). The Court granted Plaintiff’s request for entry of default but
denied entering default judgment as premature.2 (Doc. 16). Plaintiff again seeks default
judgment against all potential claimants. (Doc. 18).
“In an action to exonerate or limit liability from claims arising out of maritime
accidents, the Supplemental Rules for Admiralty or Maritime Claims to the Federal Rules
of Civil Procedure set forth deadlines for providing notice to potential claimants and filing
claims.” In re: Ruth, 8:15-CV-2895-T-23TBM, 2016 WL 4708021, at *2 (M.D. Fla. Aug.
23, 2016), report and recommendation adopted sub nom. In re 37' 2000 Intrepid
Powerboat, 8:15-CV-2895-T-23TBM, 2016 WL 4667385 (M.D. Fla. Sept. 7, 2016).
Pertinent here, Supplemental Rule F(4) provides
the court shall issue a notice to all persons asserting claims with respect to
which the complaint seeks limitation, admonishing them to file their
respective claims with the clerk of the court and to serve on the attorneys
for the plaintiff a copy thereof on or before a date to be named in the notice.
The date so fixed shall not be less than 30 days after issuance of the notice.
For cause shown, the court may enlarge the time within which claims may
be filed. The notice shall be published in such newspaper or newspapers
as the court may direct once a week for four successive weeks prior to the
date fixed for the filing of claims. The plaintiff not later than the day of second
publication shall also mail a copy of the notice to every person known to
have made any claim against the vessel or the plaintiff arising out of the
voyage or trip on which the claims sought to be limited arose. In cases
involving death a copy of such notice shall be mailed to the decedent at the
Plaintiff’s Motion for Entry of Default and Default Judgment came before this Court on Report
and Recommendation from United States Magistrate Judge Mac R. McCoy. (Doc. 15).
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decedent's last known address, and also to any person who shall be known
to have made any claim on account of such death.
Supp. Adm. R. F(4). Claimants must file or serve their claims before the date specified
in the notice. See Supp. Adm. R. F(5). And “if a claimant desires to contest either the
right to exoneration or the right to limitation of liability the claimant shall file and serve an
answer to the complaint unless the claim included an answer.” Id. If the notice period
ends without a response from potential claimants and a plaintiff has complied with the
applicable Supplemental Rules, default judgment will be entered. See In re Pet. of
Holliday, 6:14-CV-1709-ORL-28, 2015 WL 3404469, at *3 (M.D. Fla. May 26, 2015); see
also Supp. Adm. R. F(4)-(5).
Here, entry of default judgment is warranted. The Court set April 28, 2017, as the
deadline to file a claim. (Doc. 11). Plaintiff published notice of the limitation proceeding
in a daily newspaper for four straight weeks before the deadline.3 (Doc. 12). The notice
expressly stated the deadline for filing a claim and/or answer and that failure to file a
timely claim and/or answer may result in the waiver of such right to file a claim and/or
answer. (Doc. 12). The Plaintiff also mailed a copy of the notice to ST Snook Bright
Marina, LLC, Mouser Engineering, LLC, and David Denise. (Doc. 18 at ¶ 13). No
potential claimant has filed a claim and/or answer before the Court and the deadline has
expired. Because Plaintiff satisfied her responsibilities, the Court finds good cause to
grant default judgment.
Accordingly, it is now
ORDERED:

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Plaintiff published notice of the limitation proceeding in the News Press, a daily newspaper
published at Fort Myers in Lee County, Florida, for four straight weeks on March 31, 2017, April
7, 2017, April 14, 2017, and April 21, 2017. (Doc. 12)

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(1) Plaintiff Tammy Tranter’s Renewed Motion for Default Judgment Against NonFiling Claimants (Doc. 18) is GRANTED.
(2) The Clerk shall enter default judgment in favor of Plaintiff TAMMY TRANTER,
as Owner of the Motor Vessel ''SOUTHERN VORTEX,'' a 47 Foot 2004
Formula Thunderbird Bearing Hull Identification Number TNRD2634A304, Her
Engines, Tackle, Apparel and Appurtenances, against all claimants who have
not timely filed claims or answers in response to Plaintiff’s Amended Verified
Complaint for Exoneration from or Limitation of Liability.
(3) The Clerk of Court is DIRECTED to terminate all pending motions and
deadlines and close the file.
DONE and ORDERED in Fort Myers, Florida this 28th day of February, 2018.

Copies: All Parties of Record

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