In Re: Philip A. Cedeno, et al.
Filing
12
AMENDED MEMORANDUM AND ORDER. Signed by District Judge J. Thomas Marten on 3/20/2012. (mss)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
IN THE MATTER OF THE COMPLAINT OF
PHILIP A CEDENO, M.D., MELISSA CEDENO
AND ALEXANDRA CEDENO FOR
EXONERATION OR LIMITATION OF LIABILITY
Case No. 12‐2140‐JTM
AMENDED MEMORANDUM AND ORDER
The matter is before the Court on the Motion to Approve Ad Interim Stipulation for
Value, Entry of a Restraining Order, and Issuance of Notice (Dkt. 4) filed by plaintiffs
Philip A Cedeno, Melissa Cedeno, and Alexandra Cedeno.
On March 8, 2012, the plaintiffs moved the Court for an entry of an Ad Interim
Stipulation for Value for the amount of the value of the 1996 Crownline vessel with the
Hull Identification Number AIRO1427F000, and that a monition may issue to all persons,
corporations, or entities claiming damages against the vessel for loss damages, personal
injuries, or destruction from an accident occurring on or about July 16, 2011 which resulted
in the death by drowning of Tyler Jeck. The plaintiffs also seek an order issuing notice of
this pending action and an order restraining all suits already instituted against it and any
suits that might be alleged.
The facts as alleged by the plaintiffs are that on July 16, 2011, Alexandra Cedeno was
operating the vessel when a passenger, Tyler Jeck, jumped over the side, disappeared, and
drowned. All of this occurred on Beaver Lake in Benton County, Arkansas. The plaintiffs
believe that the parents of Tyler Jeck, David and Deborah Jeck, may institute claims in
connection with the accident.
The plaintiff filed the Motion in this Court for an ad interim stipulation for value as
security for any claims, on March 8, 2012. In their Complaint, the plaintiffs state that the
vessel was sold on August 31, 2011 for $7500, and that the value of the vessel at the end of
the July 16 voyage did not exceed this amount. (Dkt. 1). They allege that the accident
occurred without the privity or knowledge of the plaintiffs, and was not caused or
contributed to by any fault or negligence, or unseaworthiness on the part of the vessel or
the plaintiffs.
The plaintiffs’ Ad Interim Stipulation for Value and Security for Costs signifies that
Allied Property and Casualty Company submits itself to the jurisdiction of purposes of this
action, to pay any final judgment up to the amount of $7500, with interest at the rate of six
percent, with a further $1000 as security for costs. Allied Property and Casualty further
agrees to pay into the Clerk’s Registry the value of the vessel, or to file a bond in this
amount.
The Limitation of Shipownersʹ Liability Act, 46 U.S.C. § 30501 et seq., limits the
liability of a shipowner for any loss incurred without the knowledge or privity of the
owner, to the value of the vessel and its freight. Upon the filing of a petition and tender of
a bond, a ship owner may obtain an injunction against all other proceedings against the
shipowner involving issues arising out of the subject matter of the limitation action. 46
U.S.C. § 30511(c) “Under the Limitation of Liability Act and the Supplemental Rules, a
federal district court stays all related claims against a shipowner pending in any forum,
and requires all claimants to assert their claims in the limitation court.” In the Matter of the
Complaint of Santa Fe Cruz, Inc., 535 F.Supp.2d 853, 857‐58 (S.D. Tex. 2007) (citation omitted).
Supplemental Rule F(4) of the Rules for Certain Admiralty and Marine Claims
provides that the court should issue notice to all potential claimants of the limitation and
to advance their claims within a designated time, but not less than 30 days. The notice
should be published in such newspaper as the court may direct once a week for four
successive weeks prior to the date fixed for filing of claims.
Accordingly, it is for good cause shown that the Motion to Approve Ad Interim
Stipulation for Value, Directing Issuance of Notice and Restraining Suits (Doc. # 4) is
hereby granted, and the Court hereby orders:
1. The plaintiffs shall deposit an Ad Interim Stipulation for Value, for the value of
Petitionerʹs interest in the vessel, as fixed by the Court herein in the amount of
$7,500.00, together with $1000 for costs of Court and interest at the rate of six
percent (6%) per annum, into the Clerk of the Courtʹs registry;
2. A Monition and Injunction issue out of and under the seal of this Court against
all persons claiming damage caused by or resulting from the events set forth in
the Complaint herein, citing them to file their respective claims with the Clerk
of this Court and to serve on or mail to the attorneys for plaintiffs copies thereof
on or before the 60th day after the date of this Order, and that all persons so
presenting claims and desiring to contest the allegations of the Complaint shall
file an answer to the Complaint in this Court and shall serve on or mail to the
attorneys for the plaintiffs copies thereof; and
3. Plaintiffs shall cause a public notice of this monition be given by publication in
the Pittsburg Morning Sun, for four successive weeks as required by
Supplemental Rule F, and that a copy of said notice and this Order be sent by
certified mail by the plaintiffs to every person known to have a claim against the
plaintiff arising out of the incident set forth in the Complaint; and
4. The further prosecution of any actions, suit or legal proceedings in any Court
whatsoever, and the institution and prosecution of any suits, actions or legal
proceedings, of any nature or description whatsoever, in any court whatsoever,
except in these proceedings, in respect to any claim arising out of, or connected
with the casualty set forth in the Complaint herein, be and the same should be
hereby STAYED AND RESTRAINED until the final determination of this
proceeding.
IT IS SO ORDERED this 20th day of March, 2012.
s/ J. Thomas Marten
J. THOMAS MARTEN, JUDGE
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