Freedom Boat Club, LLC

Filing 7

Notice and Injunction. Signed by Magistrate Judge Nicholas P. Mizell on 2/18/2021. (brh)

Case 2:21-cv-00095-SPC-NPM Document 7 Filed 02/18/21 Page 1 of 3 PageID 44

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN ADMIRALTY
FREEDOM BOAT CLUB, LLC,
as owner, for exoneration from or limitation
of liability, of a 2019 Scout 210 Dorado
Vessel, Hull ID No. SLPGS494E819
Petitioner,
Case No. 2:21-cv-95-SPC-NPM
NOTICE AND INJUNCTION
TO THE MARSHAL OF THE UNITED STATES OF AMERICA FOR THE
UNITED STATES DISTRICT COURT OF THE MIDDLE DISTRICT OF
FLORIDA:
WHEREAS, a Complaint for Exoneration From or Limitation of Liability was
filed in the United States District Court of the Middle District of Florida on February
4, 2021, by Petitioner, FREEDOM BOAT CLUB LLC, as owner of a 2019 Scout
210 Dorado Vessel, bearing Hull Identification No. SLPGS494E819, claiming the
benefit of exoneration from or limitation of liability according to law and as provided
in 46 U.S.C. §30501 et seq. and Supplemental Rule F, and the statutes supplemental
thereto and amendatory thereof, and also contesting liability independently of the
limitation of liability claimed in said Petition for any loss, damage or injury arising
out of or occurring on or about August 7, 2020, as described in the Petition for
Exoneration from or Limitation of Liability, and said Petition also stating the facts
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Case 2:21-cv-00095-SPC-NPM Document 7 Filed 02/18/21 Page 2 of 3 PageID 45

and circumstances upon which said exoneration from or limitation or liability is
claimed, and Letter of Undertaking, dated February 4, 2021, executed for no more
than the amount of Thirty Four Thousand Nine-Hundred and Sixty Dollars
($34,960.00) with interest thereon at six percent (6%) per annum having been filed
herein, and
WHEREAS, this Court has Ordered that said Letter of Undertaking is
approved and shall stand as security for all claims against Petitioner and a 2019
Scout 210 Dorado Vessel, bearing Hull Identification No. SLPGS494E819 in this
proceeding, and
WHEREAS, this Court has Ordered that Notices issue out of and under the seal
of this Court against all persons claiming damages for any and all loss, damage or
injury arising out of or occurring on or about August 7, 2020, on navigable waters of
Bonita Springs, Florida as described in the Petition for Exoneration from or
Limitation of Liability, citing them to appear before and to file their claims with the
Clerk of this Court in writing and under oath, and to serve copies thereof upon
attorneys for the Petitioner on or before April 15, 2021, and directing that any such
persons, or their representatives, claiming damages as aforesaid who shall desire to
contest the claim of Petitioner, shall answer said Petition, and
WHEREAS the Petitioner seeks protection against suits outside of this
limitation proceeding as permitted by 46 U.S.C. § 30501 et seq., and Supplemental
Rule F, and the Court having granted an injunction against such suits,
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Case 2:21-cv-00095-SPC-NPM Document 7 Filed 02/18/21 Page 3 of 3 PageID 46

YOU ARE, THEREFORE, COMMANDED to cite all persons claiming
damages for any and all loss, damage, injury, death, and destruction arising out of or
occurring on or about August 7, 2020, in the navigable waters of Bonita Springs,
Florida as described in the Petition for Exoneration from or Limitation of Liability,
to appear before this Honorable Court and to file their claims with the Clerk of this
Court in writing and under oath, and to serve copies thereof upon Richard J. McAlpin
of MCALPIN CONROY, P.A., Attorneys for Petitioner, 80 SW 8th Street, Suite
2805, Miami, Florida 33130, on or before April 15, 2021, and if any such persons
or their personal representatives shall desire to contest the claims of Petitioner, to
file an Answer to said Petition for Exoneration from or Limitation of Liability on or
before the said date, or within such further time as this Court may grant, and to have
such other and further relief as may be due them.
Dated February 18, 2021.

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