In the Matter of the Complaint of Kevin Cameron

Filing 13

ORDER granting the 11 Motion for Entry of Default Against Non-Filing Claimants; directing Clerk to enter a default against all persons and entities, except Bertran Herring, claiming any loss, damage, injury, death or destruction caused by or resulting from the incident set forth in the 1 Verified Complaint for Exoneration From or Limitation of Liability. Signed by Magistrate Judge James R. Klindt on 2/27/2018. (BHC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
IN ADMIRALTY
In the Matter of the Complaint
of
Case No. 3:17-cv-01460-J-20JRK
KEVIN CAMERON, as Owner of the Motor
Vessel “KELLI ANN,” a 33-Foot 1999 Sea
Ray Cruiser Bearing Hull Identification
Number SERF70371899, Her Engines,
Tackle, Apparel and Appurtenances, for
Exoneration from or Limitation of Liability
_____________________________________/

ORDER
This cause is before the Court on the Motion for Entry of Default Against Non-Filing
Claimants (Doc. No. 11; “Motion for Entry of Default”), filed February 22, 2018. Plaintiff
initiated this action on December 29, 2017 by filing a Verified Complaint for Exoneration From
or Limitation of Liability (Doc. No. 1; “Complaint”); see 46 U.S.C. §§ 30501 et seq.; Rule F,
Supplemental Rules for Certain Admiralty and Maritime Claims (“Supplemental Rule(s)”).
Under 46 U.S.C. § 30505, a vessel owner may limit his or her liability resulting from a maritime
accident to the value of the owner’s interest in the vessel and its pending freight for “any loss,
damage, or injury by collision” occurring “without the privity or knowledge of the owner.” 46
U.S.C. § 30505(a)-(b).
The motor vessel “Kelli Ann” (“the Vessel”), which is owned by Plaintiff, was involved
in a collision with a “submerged piling or other wooden obstruction” while on “navigable waters
in Duval County, Florida.” Complaint at 2-3. The collision damaged the Vessel’s propeller; and
as a result, “the Vessel had to travel at a slow rate of speed for the remainder of the trip.” Id.

at 3. While the Vessel was traveling at a slow rate of speed, Bertran Herring, a passenger, “fell
. . . as he walked toward the stern of the Vessel.” Id. Plaintiff alleges that “all injuries, losses
and damages sustained as a result of the incident described in th[e] Complaint occurred
without fault on the part of . . . Plaintiff and without his privity or knowledge.” Id. at 4. Plaintiff
timely filed the Complaint within six months of first receiving written notice of a claim against
him arising out of this incident. Id. at 4-5. Plaintiff seeks exoneration from, or limitation of,
liability for “any injury, loss, damage or expense or for any claim whatsoever in any way
arising out of or in consequence of the incident described above.” Id. at 6-7.
On January 2, 2018, Plaintiff filed an Ad Interim Stipulation of Value and Stipulation for
Costs (Doc. No. 2; “Ad Interim Stipulation”) in the amount of $50,000 plus annual interest at
the rate of six percent. See Ad Interim Stipulation at 2. On the same date, Plaintiff filed a
Motion to Approve Ad Interim Stipulation and to Enter Monition and Injunction (Doc. No. 3).
On January 11, 2018, the Court approved the Ad Interim Stipulation. See Order Approving Ad
Interim Stipulation, Directing Issuance of Notice and Restraining Prosecution of Claims (Doc.
No. 6). On the same date, the Court entered a Monition Order (Doc. No. 5) directing “all
persons and corporations claiming any loss, damage, injury, death or destruction caused by
or resulting from the casualty set forth in the Complaint” to file their respective claims with the
Clerk of this Court by February 21, 2018.
Subsequently, pursuant to Supplemental Rule F(4) and the Monition Order, Plaintiff
published the Legal Notice for Publication in The Florida Times Union, a daily newspaper
published in Jacksonville, Florida, once each week for four consecutive weeks. See Legal
Notice for Publication (Doc. No. 8), filed January 21, 2018. The Legal Notice for Publication
required all claimants to file their claims to the Complaint by February 21, 2018.
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On February 20, 2018, Mr. Herring appeared in this case through counsel and timely
filed his Answer to Verified Complaint, Affirmative Defenses, Claim for Personal Injuries, and
Motion for Judgment on the Pleadings (Doc. No. 7). To date, Mr. Herring is the only claimant
who has filed a claim in this case. No additional persons or parties have appeared, made
claims, or otherwise answered the Complaint, and the time for such claims to be made has
passed pursuant to the Monition Order.
Accordingly, it is
ORDERED:
1.

The Motion for Entry of Default Against Non-Filing Claimants (Doc. No. 11) is

GRANTED.
2.

The Clerk is directed to enter a default against all persons and entities, except

Bertran Herring, claiming any loss, damage, injury, death or destruction caused by or resulting
from the incident set forth in the Verified Complaint for Exoneration From or Limitation of
Liability (Doc. No. 1).
DONE AND ORDERED at Jacksonville, Florida on February 27, 2018.

bhc
Copies to:
Counsel of Record

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