IN THE MATTER OF:The Petition of John R. Leiviska as the Owner of a 2002 Sea-Doo XP PWC Vessel and a 2002 Sea-Doo GTX PWC Vessel for Exoneration From or Limitation of Liability
ORDER on filing claims as to 1 Petition for Exoneration From or Limitation of Liability filed by John R Leiviska (Written Opinion). Signed by Judge John R. Tunheim on September 18, 2013. (DML)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
In the Matter of THE PETITION OF
JOHN R. LEIVISKA AS THE OWNER
OF A 2002 SEA-DOO XP PWC VESSEL
AND A 2002 SEA-DOO GTX PWC
VESSEL FOR EXONERATION FROM
OR LIMITATION OF LIABILITY
Civil No. 13-755 (JRT/LIB)
Thomas J. Evenson and Brian A. Wood, LIND JENSEN SULLIVAN &
PETERSON, PA, 901 Marquette Avenue South, Suite 1300, Minneapolis,
MN 55402, for petitioner.
NOTICE IS HEREBY GIVEN that John R. Leiviska, as the owner of a 2002
Sea-Doo XP PWC vessel and a 2002 Sea-Doo GTX PWC vessel, has filed a petition
pursuant to 46 U.S.C. §§ 30501 et seq., claiming the right to exoneration from or
limitation of liability for any claims that have arisen or may arise out of an incident that
occurred on the Mississippi River near Cohasset, Minnesota, on or about July 2, 2012
(“the incident”). The procedures governing such petitions are set forth in Rule F of the
Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions.
All persons or entities having any claims relating to the incident must file their
claims with the Clerk of Court for the United States District Court for the District of
Minnesota, located at United States Courthouse, 300 South Fourth Street, Minneapolis,
MN 55415; and serve their claims on petitioner’s attorney, Brian A. Wood, Esq., Lind
Jensen Sullivan & Peterson, PA, 1300 AT&T Tower, 901 Marquette Avenue South,
Minneapolis, MN 55402, on or before January 17, 2014. Each claim shall set forth the
facts on which the claimant relies in support of the claim and indicate that the claim is in
relation to civil case number 13-755. Any claim not filed and served by January 17, 2014
will be deemed forfeited.
If a claimant wishes to contest petitioner’s right to avail himself of the protections
of 46 U.S.C. § 30505 in this Court on any ground, the claimant shall file an answer to the
petition [Docket No. 1] with the Clerk of Court and serve the answer on petitioner’s
attorney, unless the claimant’s claim included an answer. The deadline for filing an
answer is January 17, 2014.
The Court has accepted petitioner’s bond, in the sum of seven thousand four
hundred thirty seven dollars and thirty-one cents ($7,437.31) with interest thereon at six
percent (6%) per annum from April 2, 2013, as the value of the vessels. Any claimant
may by motion demand that the bond be increased on the ground that it is less than the
value of petitioner’s interest in the vessels.
DATED: September 18, 2013
at Minneapolis, Minnesota.
JOHN R. TUNHEIM
United States District Judge
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