In the Matter of Weeks Marine, Inc. as the Owner of the M/V Ronnie R, Petitioning for Exoneration from and/or Limitation of Liability

Filing 35

ORDER denying as moot the initial 30 Motion to Stay and granting Claimants' 33 Motion to Stay this case and to lift the injunction.The Court Dissolves the 8 injunction entered on September 21, 2021, Stays this limitation of liability proceeding, pursuant to the terms set forth in the Claimants' 32 Amended Stipulation, which are incorporated herein by reference, pending further order of this Court. The Court Orders the parties to file a Joint Status Report regarding any and all other related proceedings within 180 days of the date of this Order. Signed by District Judge R. Stan Baker on 1/10/2022. (csr)

Case 4:21-cv-00246-RSB-CLR Document 35 Filed 01/10/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
IN ADMIRALTY

IN THE MATTER OF WEEKS
MARINE, INC., AS THE OWNER OF
THE M/V RONNIE R, PETITIONING
FOR EXONERATION FROM AND/OR
LIMITATION OF LIABILITY

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CIVIL ACTION NO.: 4:21-cv-246

ORDER
Before the Court in this limitation of liability proceeding is Claimants’ Joint Motion to
Stay and/or Lift the Injunction and Permit Claimants to Proceed in State Court, (doc. 30), as well
as the Supplement to that motion, (doc. 33), through which Claimants Aaron Tyler Clark, Tyler
Blake Floyd, Kaitlyn Helmuth, Harlee Rewis, Haleigh Rewis, Shirley Ann Fox, Individually, Mark
Denswell Fox, Individually, Mark Denswell Fox, as Temporary Administrator of the Estate of
Thomas Denswell Fox, Deceased, and Mark Denswell Fox, as Temporary Administrator of the
Estate of Joseph Mark Fox, Deceased (hereinafter, collectively “Claimants”) move the Court to
stay this case and lift the previously-entered injunction against the commencement or prosecution
of other suits, actions or proceedings, subject and pursuant to certain stipulations (hereinafter, the
“Amended Stipulations”), (see doc. 32). 1 Limitation Plaintiff Weeks Marine, Inc., has consented

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When Claimants filed their initial Motion to Stay and/or Lift the Injunction, (doc. 30), they also filed an
initial set of stipulations, (doc. 29). In the initial Motion, they noted that Petitioner Weeks Marine had not
been involved in the drafting of the stipulations and had not consented (or provided a statement of no
opposition) to the requests that the injunction be lifted and that the limitation proceeding be stayed. (See
doc. 30, p. 2.) Since then, Claimants filed a “Supplement to Claimants’ Joint Motion to Stay and/or Lift
the Injunction and Permit Claimants to Proceed in State Court,” (doc. 33), along with Amended
Stipulations, (doc. 32), and they have advised that, “[i]n consideration of the Amended Stipulation[s],

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to the Amended Stipulations and does not oppose the relief sought by Claimants in the Supplement
to the Motion. (Doc. 33, p. 1; doc. 34, p. 1.)
The Court has reviewed the Amended Stipulations, (doc. 32), and finds that they
adequately protect the Limitation Plaintiff’s right to limit its liability and that they effectively
transform the multiple claims in this case into a single claim for purposes of satisfying the “single
claimant” exception. See Freedom Unlimited v. Taylor Lane Yacht and Ship, LLC, No. 20-11102,
2021 WL 3629904, at *6 (11th Cir. Aug. 17, 2021); Beiswenger Enterps. Corp. v. Carletta, 86
F.3d 1032, 1038–39 (11th Cir. 1996) (“[C]ourts have allowed claimants to transform a multipleclaims-inadequate-fund case into the functional equivalent of a single claim case through
appropriate stipulations, including stipulations that set the priority in which the multiple claims
will be paid from the limitation fund. By entering such stipulations, the damage claimants
effectively guarantee that the vessel owner will not be exposed to competing judgments in excess
of the limitation fund.”). Accordingly, the Court GRANTS Claimants’ Motion to stay this case
and to lift the injunction. (Doc. 33.) The Court DISSOLVES the injunction entered on September
21, 2021, (doc. 8), and STAYS this limitation of liability proceeding, pursuant to the terms set
forth in the Claimants’ Amended Stipulation, (doc. 32), which are incorporated herein by
reference, pending further order of this Court. The Court further ORDERS the parties to file a

Claimants are authorized to represent to the Court that Petitioner Weeks Marine, Inc., while not admitting
and expressly contesting the factual background of the collision stated in Claimants’ motion, does not
oppose the relief sought by Claimants in their Joint Motion to Stay and/or Lift the Injunction . . . .” (Doc.
33, p. 1.) It is clear from these documents that the Claimants no longer request that the Court grant the
specific relief requested in the initial Motion, which was a lifting of the injunction and a stay of this case in
consideration of and pursuant to the initial set of stipulations, but instead now request—through the
Supplement to the Motion, (doc. 33), that the Court lift the injunction and stay this case in consideration of
and pursuant to the Amended Stipulations (those set forth at doc. 32). Accordingly, the Court DENIES AS
MOOT the initial Motion to Stay, (doc. 30), construes the Supplement to the Motion, (doc. 33), as a standalone motion, and, in determining whether to grant the requested relief, considers only the stipulations as
stated in the “Amended Stipulation” document, (doc. 32).

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Case 4:21-cv-00246-RSB-CLR Document 35 Filed 01/10/22 Page 3 of 3

Joint Status Report regarding any and all other related proceedings within 180 DAYS of the date
of this Order.
SO ORDERED, this 10th day of January, 2022.

R. STAN BAKER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

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