In the Matter of the Petition of Everglades Airboat Management, LLC

Filing 10

ORDER granting 9 Petitioner Everglades Airboat Management, LLC d/b/a Captain Jacks Airboat Tours' Motion for Entry of Order. Signed by Magistrate Judge Carol Mirando on 2/14/2018. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN THE MATTER OF THE
PETITION OF EVERGLADES
AIRBOAT MANAGEMENT, LLC and
EVERGLADES AIRBOAT
MANAGEMENT, LLC, d/b/a Captain
Jacks Airboat Tours as Owner of the
2016 AON 18’6’’ AIRBOAT HIN
AON02479E616, FOR
EXONERATION FROM OR
LIMITATION OF LIABILITY
Petitioner,

Case No: 2:18-cv-37-FtM-99CM
ORDER

This matter comes before the Court upon review of Petitioner Everglades
Airboat Management, LLC d/b/a Captain Jacks Airboat Tours’ Motion for Entry of
Order (Doc. 9) filed on February 13, 2018. On January 17, 2018, Petitioner filed a
Verified Petition for Exoneration from or Limitation of Liability as provided in 46
U.S.C. § 30501 et seq. and pursuant to Rule F of the Supplemental Rules for Certain
Admiralty and Maritime Claims of the Federal Rules of Civil Procedure, for all losses,
damages, injuries, deaths or destruction allegedly resulting from the November 22,
2016 incident referred to in the Verified Petition.
Petitioner, having filed a Letter of Undertaking with the Court as security for
the benefit of potential claimants, in an amount not less than or equal to the amount
or value of its interest in the Vessel and pending freight, if any, as required by the
law and rules of this Court;

IT IS ORDERED AND ADJUDGED that the Letter of Undertaking for
Petitioner’s interest in the Vessel and pending freight, if any, in the principle amount
of $18,108.20 with interest thereon at the rate of six percent (6%) per annum from
date hereof, executed on the 16th day of January, 2018, by Atlantic Specialty
Insurance Company as insurer for Petitioner and the Vessel, and filed herein by
Petitioner, be accepted as security for the purpose of this Limitation of Liability
proceeding and that it be approved as to form, quantum and surety.
IT IS FURTHER ORDERED AND ADJUDGED that Petitioner and any
Claimant who may properly become a party hereto may contest the amount of value
of Petitioner’s interest in the Vessel and pending freight, if any, as fixed in said Letter
of Undertaking, and may move the Court for due appraisal of said interest and may
apply to have the amount of said stipulation increased or decreased, as the case may
be, on the determination by the Court of the amount of value of said interest or to
carry out the provisions of 46 U.S.C. § 30508 for personal injuries or death.
IT IS FURTHER ORDERED AND ADJUDGED that Notice shall be issued by
the Clerk of this Court advising and admonishing all persons asserting claims for any
and all losses, damages, injuries, deaths, or destruction allegedly as a result of the
occurrences and happenings recited in the Verified Petition, to file their respective
claims with the Clerk for the United States District Court for the Middle District of
Florida, Fort Myers Division, 2110 First Street, Fort Myers, Florida 33901 on or
before the 1st day of April, 2018, and serve on Petitioner’s counsel of record, James
N. Hurley, Esq., and Christine M. Walker, Esq., Fowler White Burnett, PA, 1395

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Brickell Ave., 14th Floor, Miami, Florida 33131, a copy thereof, or be defaulted and 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
Verified Petition, on or before said date, unless the claim has included an Answer to
the Verified Petition so designated or be defaulted.
IT IS FURTHER ORDERED AND ADJUDGED that publication of the aforesaid
notice in the form required by Rule F of the Supplemental Rules for Certain Admiralty
and Maritime Claims of the Federal Rules of Civil Procedure be published in a
newspaper(s) of general circulation in Collier County, once a week for four successive
weeks prior to the date fixed for the filing of claims in accordance with Supplemental
Rule F.
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 or incident to or
connected with any loss, damage, injury, death or destruction more fully described in the
Petition, 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 service of this Order as a
restraining order may be made by mailing a conformed copy of it to the person or persons
who have made a claim as of the date of this order, or to their respective attorneys.
IT IS FINALLY ORDERED AND ADJUDGED that Petitioner, no later than the
second day of publication of notice ordered herein, shall mail a copy of the notice to every

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person or entity known to have made a claim against Petitioner or the Vessel arising out
of the incident more fully described in the Verified Petition.

DONE and ORDERED in Fort Myers, Florida on this 14th day of February,
2018.

Copies:
Counsel of record

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