In re Seven Crown, dba Seven Crown Resorts, a Nevada LLC, as owner of a certain 1986 houseboat manufactured by Master Fabricators; Summit Model; Echo Bay rental No. 224, for exoneration from or limita

Filing 17

ORDER DIRECTING ISSUANCE OF NOTICE AND RESTRAINING SUITS. Signed by Judge Philip M. Pro on 10/15/2010. (Copies have been distributed pursuant to the NEF - SD)

Case 2:10-cv-01149-PMP-LRL Document 9-2

Filed 08/20/10 Page 2 of 4

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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In re SEVEN RESORTS, INC. a Nevada corporation, d/b/a SEVEN CROWN RESORTS, as owner of a certain 1986 houseboat manufactured by Master Fabricators; Summit Model; Echo Bay rental No. 224, for exoneration from or limitation of liability
Plaintiff,

Case No. 2:10-cv-01149-PMP-LRL

IN ADMIRALTY

(PROPOSED) ORDER DIRECTING ISSUANCE OF NOTICE AND RESTRAINING SUITS

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18 A Complaint having been filed herein by the above Plaintiff as owner of the houseboat
19 identified as a certain 1986 houseboat manufactured by Master Fabricators; Sumit Model; Echo
20 Bay rental No. 224, HIN HLR01045E686, for exoneration from or limitation of

liability, pursuant

21 to 46 U.S.C. §§ 30501-30512, and the various statutory supplements thereto and amendatory
22 thereof, Rule 9(h) of the Federal Rules of Civil Procedure, and Rule F of the Supplemental Rules

23 for Admiralty or Maritime Claims and Assets Forfeiture Actions of the Federal Rules of Civil
24 Procedure ("Supplemental Admiralty Rules"), for losses, damages, property damages, and

25 injuries arising out of an incident occurring on Lake Mead on August 20, 2009, in which it is

26 alleged that a person aboard a houseboat identified as a certain 1986 houseboat manufactured by
27 Master Fabricators; Summit Model; Echo Bay rental No. 224, HIN HLR01045E686, died as a
28 result of carbon monoxide exposure from said houseboat, while the vessel was underway on Lake

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Case 2:10-cv-01149-PMP-LRL Document 9-2

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1 Mead, as described in the Complaint herein,

2 NOW, ON APPLICA nON OF PLAINTIFF, IT IS HEREBY ORDERED:
3 1. That Notice is hereby issued by this Court to all persons asserting claims

4 concerning which Plaintiff seeks exoneration from or limitation of liabilty:

5 NOTICE IS HEREBY GIVEN that Plaintiff Seven Resorts, Inc. d//a Seven Crown
6 Resorts ("Plaintiff'), has fied a complaint pursuant to Title 46, United States Code, Sections
7 30501-30512, claiming the right to exoneration from or limitation of

liabilty for all claims arising

8 out of the incident involving its houseboat identified as a certain 1986 houseboat manufactured

9 by Master Fabricators; Summit Model; Echo Bay rental No. 224, HIN HLR01045E686, on

10 August 20,2009 on Lake Mead.

11 All persons having such claims must file them, as provided in Rule F of the Supplemental
12 Admiralty Rules of the Federal Rules of Civil Procedure, with the Clerk of this Cour at the
13 United States District Cour, District of Nevada, Room 1334, 333 Las Vegas Blvd. So. Las
14 Vegas, NV 89101, and serve on or mail to the Plaintiffs attorney, Chad R. Fears, 3883 Howard
15 Hughes Parkway, Suite 1100, Las Vegas, NV 89169, a copy thereof on or before 30 days from
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Notice of Complaint For Exoneration from or Limitation of Liabilty or such claims

17 wil be deemed defaulted or waived. Entry of the Notice of Complaint will constitute "issuance
18 of the notice" for purposes of Supplemental Admiralty Rule F( 4). Personal attendance is not

19 required. Any claimant desiring to contest either the right to exoneration from or the right to
20 limitation of liabilty must also fie an answer to the said complaint, as required by Rule F of the
21 Supplemental Admiralty Rules of the Federal Rules of Civil Procedure, and serve on or mail to

22 Plaintiff s attorney a copy, on or before the same date.
23 2. IT IS FURTHER ORDERED, pursuant to Supplemental Admiralty Rule F(4), that

24 the aforesaid notice shall be published in the Las Vegas Review Joural and Nevada Legal News

25 once a week for four successive weeks prior to the date fixed for filing of claims, as provided for

26 by the aforesaid Rule F( 4) and Local Rules; and copies of the notice shall be mailed in
27 accordance with said Rule F.

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Case 2:10-cv-01149-PMP-LRL Document 9-2

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3.

That the further prosecution of any and all actions, suits and proceedings already

2 commenced, including but not limited to the lawsuit in Clark County, Nevada District Court titled

3 Mary Jotynn Murphy et at., v. Seven Resorts, Inc., et at., Case No. 10-A-612210-c, and
4 commencement or prosecution thereafter of any and all suits, actions or proceedings of any nature

5 and description whatsoever, in any jurisdiction, and the taking of any steps in or the making of

6 any motion in such actions, suits or proceedings, against the Plaintiff, as aforesaid or against any
7 property or employee of Plaintiff, except in this action, to recover damages for or in respect of

8 any loss, damage, property damage and/or injur caused by or resulting from the aforesaid
9 incident involving houseboat identified as a certain 1986 houseboat manufactured by Master

10 Fabricators; Summit Model; Echo Bay rental No. 224, HIN HLR01045E686, on August 20, 2009

lIon Lake Mead, as alleged in the Complaint, are hereby restrained, stayed and enjoined unless or
12 until otherwise ordered by this Court.
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That service of this Order as a restraining or injunctive order may be made through

14 the Post Office by mailng a copy thereof to a person or persons to be restrained, or their
15 respective attorneys, or alternatively served by hand.

16 Dated this day of August _,2010.
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DATED: October 15, 2010
By:

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UNITED STATES DISTRICT JUDGE UNIT______________________________ ED STATES MAGISTRATE JUDGE

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PHILIP M. PRO United States District Judge
Prepared and Submitted By:
SNELL & WILMER L.L.P.

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Clìad R. Fears 26 Nevada Bar No. 697

3883 Howard Hughes Parkway, Suite 1100
27 Las Vegas, NV 89169

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