Complaint of Great Lakes Towing Company

Filing 38

APPROVED ORDER DISMISSING CASE Signed by District Judge Patrick J Duggan. (MOre)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION IN THE MATTER OF THE COMPLAINT OF THE GREAT LAKES TOWING COMPANY, AS OWNER OF THE TUG LOUISIANA, FOR EXONERATION FROM AND/OR LIMITATION OF LIABILITY Case No. 2:07-CV-12423 ADMIRALTY/RULE 9(h) Judge Patrick J. Duggan Magistrate Judge Steven D. Pepe JUDGMENT OF DISMISSAL At a session of said court, held in the U.S. District Courthouse, City of Detroit, County of Wayne, State of Michigan on September ____, 2008 PRESENT: THE HONORABLE PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE The Great Lakes Towing Company ("GLT") initiated this matter by filing a Complaint for Exoneration from and/or Limitation of Liability under the Vessel Owners Limitation of Liability Act, 46 U.S.C. 30501 et seq. Under Rule F(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, GLT duly published notice of this Limitation of Liability Action in the Toledo Blade, a newspaper of general circulation, as evidenced by GLT's Notice of Filing of Affidavit of Publication, (Doc. No. 18). Mark Nicholson ("Nicholson"), who had filed a personal injury lawsuit in this Court at Case No. 2:07-cv-11134, filed the only claim in this matter. (See Doc. No. 20). Nicholson's personal injury lawsuit settled on September 3, 2008, and on the same date, this Court entered a Judgment of Dismissal, dismissing that action with prejudice and without costs. Since no other claims have been filed in this matter, now therefore, 1 IT IS HEREBY ORDERED that the above-entitled action be, and hereby is dismissed with prejudice. Each party shall bear their own costs and attorneys' fees. S/Patrick J. Duggan Patrick J. Duggan United States District Judge Dated: September 16, 2008 I hereby certify that a copy of the foregoing document was served upon counsel of record on September 16, 2008, by electronic and/or ordinary mail. S/Marilyn Orem Case Manager Approved as to form and substance: s/ Frederick B. Goldsmith Frederick B. Goldsmith Attorney for The Great Lakes Towing Company s/ D. Bruce Beaton D. Bruce Beaton Attorney for Mark Nicholson 2

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