Estero Island Parasail, Inc.

Filing 23

ORDER granting 22 Unopposed Motion to Lift Limitation Stay. The limitation injunction against state court proceeding is dissolved and Bardon may proceed with her claim pending in state court.This case is STAYED pending resolution of the state -court action.The parties must FILE a joint status report on the progress of the state-court action on September 19, 2024, and every six (6) months after. Within seven (7) days of the state-court action resolving, the parties must FILE a notice saying as much and indicating whether further proceedings are necessary here. The Clerk is DIRECTED to ADD a stay flag on the docket and ADMINISTRATIVELY CLOSE the case. Signed by Magistrate Judge Kyle C. Dudek on 3/26/2024. (CGW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ESTERO ISLAND PARASAIL,
INC., as Owner of a 2009 Nautica
Rib 18’ 8” bearing Hull
Identification No. PTJ9633E909 its
Engines, Tackle, Appurtenances,
Equipment, and ETC., in a cause of
Exoneration from or Limitation of
Liability,
Petitioner,
v.

Case No.: 2:23-cv-1090-JLB-KCD

CAROL BARDON,
Claimant.
/
ORDER
Before the Court is Claimant Carol Bardon’s Unopposed Motion to Stay
Limitation Action and Lift the Injunction Against State Court Action. (Doc.
22.) The Court grants the motion and lifts the limitation stay to allow for
Bardon to prosecute a negligence case in state court.
Accordingly, it is now
ORDERED:
1. The Unopposed Motion to Lift Limitation Stay (Doc. 22) is
GRANTED.

2. The limitation injunction against state court proceeding is dissolved
and Bardon may proceed with her claim pending in state court.
3. This case is STAYED pending resolution of the state-court action.
4. The parties must FILE a joint status report on the progress of the
state-court action on September 19, 2024, and every six (6) months
after.
5. Within seven (7) days of the state-court action resolving, the parties
must FILE a notice saying as much and indicating whether further
proceedings are necessary here.
6. The Clerk is DIRECTED to ADD a stay flag on the docket and
ADMINISTRATIVELY CLOSE the case.
ORDERED in Fort Myers, Florida this March 26, 2024.

Copies: All Parties of Record

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