Damphousse

Filing 2

ORDER RESTRAINING SUITS, APPROVING SECURITY & DIRECTING ISSUANCE OF NOTICE. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
IN THE MATTER OF THE PETITION,
Case No.13-14501
Of
Hon. PATRICK J. DUGGAN
Matthew Damphousse, as owner of a 2000 38'
Cigarette Top Gun, for Exoneration from
or Limitation of Liability,
Petitioner.

Paul D. Galea (P29250)
FOSTER, MEADOWS & BALLARD, P.C.
Co-Counsel for Petitioner
607 Shelby Street, Seventh Floor
Detroit, MI 48226
[phone]
[e-mail]
Joseph R. Federici, Esq.
Co-Counsel for Petitioner
Rubin, Fiorella & Friedman, LLP
630 Third Avenue, 3rd Floor
New York, NY 10017
[phone]
Fax: [phone]
[e-mail]

ORDER RESTRAINING SUITS, APPROVING
PETITIONER’S SECURITY, DIRECTING ISSUE
OF NOTICE AND THE FILING OF CLAIMS

A Petition having been filed herein on October 25, 2013, by the
above-named Petitioner, as owner of 2000 38' Cigarette Top Gun, (the “Vessel”),
for Exoneration from or Limitation of Liability, pursuant to 46 U.S.C. §§ 30501 et
seq., and Rule F of the Supplemental Rules for Certain Admiralty and Maritime
Claims of the Federal Rules of Civil Procedure concerning any claims and/or
losses arising out of an alleged incident, which allegedly occurred on or about July
21, 2012, in or about the U.S. navigable waters of Lake Erie, as more fully
described in the Complaint;

AND the Petition having stated that the value of the Petitioner’s interest in
the Vessel did not exceed the sum of $120,000 at the close of the voyage;
AND the Petitioner having filed with the Court an Ad Interim Security dated
October 18, 2013, for the benefit of any and all claimants, with surety, equal to the
amount or value of Petitioner’s interest in the said Vessel, with interest at six
percent (6%) per annum from the date hereof, executed by marine insurer State
National Insurance Company, Inc.
NOW, on motion of attorneys for Petitioner, it is hereby:
ORDERED that the above-described Ad Interim Security in the sum of
$120,000 with interest as aforesaid, filed by Petitioner for the benefit of any and all
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claimant(s) as security representing the Petitioner’s interest in the Vessel, be and is
hereby approved, and
IT IS FURTHER ORDERED that the Court, only upon motion and good
cause shown, shall cause appraisement of the value of the Vessel, and may
thereupon order said security increased or reduced if it finds the amount thereof
insufficient or excessive, and
IT IS FURTHER ORDERED that any claimant in these proceedings may
express, only upon good cause shown and by written notice filed with the Court
and served upon all parties of record, its dissatisfaction with State National
Insurance Company, Inc. as surety. In this event, Petitioner shall within thirty
(30) days of the entry of an order by the Court concerning the surety, cause
security to be posted in the form provided by Supplemental Rule F(1) of the
Federal Rules of Civil Procedure and satisfactory to this Court failing which the
injunction entered concurrently herewith will be vacated as to all claimants, and
the Court will make such further orders as the justice of the cause may require, and
IT IS FURTHER ORDERED that a Notice shall be issued by the Clerk
of this Court to all persons asserting claims or suits with respect to which the
Complaint seeks Exoneration from or Limitation of Liability admonishing them to
file their respective claims with the Clerk of this Court, in writing, and to serve on
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the attorneys for the Petitioner a copy thereof, ON OR BEFORE THE 13th DAY
OF DECEMBER, 2013, or be defaulted; and that if any claimant desires to
contest either the right to Exoneration from or the right to Limitation of Liability,
such claimant shall file and serve on the attorneys for the Petitioner, Paul Galea,
Esq., FOSTER, MEADOWS & BALLARD, P.C., 607 Shelby Street, 7th Floor,
Detroit, Michigan 48226, an Answer to the Complaint on or before the said date,
unless the claim has included an Answer to the Complaint, so designated, or be
defaulted, and
IT IS FURTHER ORDERED that the aforesaid Notice shall be published
in Detroit Legal News, a newspaper with a general circulation including Wayne
County, Michigan, once a week for four (4) weeks before the return date of said
Notice, as provided by the aforesaid Supplemental Admiralty Rule "F" and copies
of said Notice shall be mailed by Petitioner in accordance with this rule to every
person known to have any claim against the Vessel or Petitioner, or to their
attorneys, and
IT IS FURTHER ORDERED that the further prosecution of any and all
actions, suits and proceedings already commenced, including Jeffrey Miner v.
Matthew Damphouse a/k/a Matthew Foose, (Wayne County, Case No.:
13-005927-NO) and the commencement or prosecution hereafter of any and all
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suits, actions, or proceedings of any nature and description whatsoever in any
Court of any jurisdiction, or otherwise, against the Vessel owner, insurer, and/or
the Vessel, and the taking of any steps and the making of any motion in such
actions, suits or proceedings except in this action, to recover damages for or in
respect to the aforesaid alleged incident in the Complaint, be and they hereby are
restrained, stayed and enjoined until the hearing and determination of this action,
and all warrants of arrest and/or attachment issued or sought in such other suits,
actions or legal proceedings be and the same are hereby dissolved and further
warrants of arrest and/or attachment are hereby prohibited, and
IT IS FURTHER ORDERED that service of this Order as a Restraining
Order be made through the Post Office by mailing a conformed copy hereof to the
person or persons to be restrained, or to their respective attorneys.
s/Patrick J. Duggan
Patrick J. Duggan
United States District Judge
Dated: October 28, 2013
I hereby certify that a copy of the foregoing document was served upon counsel of
record on Monday, October 28, 2013, by electronic and or ordinary mail.
s/Marilyn Orem
Case Manager

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