Bilello v. Petrie

Filing 4

ORDER: IT IS HEREBY ORDERED that the above-described Ad Interim Stipulation for Value, with interest as aforesaid, filed by petitioners for the benefit of any and all claimants as security representing the petitioners' interest in the value of t he vessel as of the date of the marine incident, be and is hereby approved; IT IS FURTHER ORDERED that a Notice shall be issued by the Clerk of this Court to all persons, firms, entities or corporations, having any claim or suit against the petition ers 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 deliver or mail to the attorneys for the petitioners, James E . Mercante, Esq., RUBIN, FIORELLA & FRIEDMAN LLP, 630 Third Avenue, 3rd Floor, New York, New York 10017, a copy thereof, ON OR BEFORE THE 15th DAY OF April 2018, 2018, or be defaulted; and that if any claimant desires to contest either the right to e xoneration from or the right to limitation of liability, such claimant shall file an Answer to the Complaint on or before the aforesaid date, unless the claim has included an Answer to the Complaint, as required by Supplemental. Rule F of the Supplem ental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and deliver or mail a copy to the attorneys for the petitioners, or be defaulted. IT IS FURTHER ORDERED that the aforesaid Notice shall be published in a newspaper with a general circulation, once a week for four (4) weeks before the return date of said Notice, as provided by the aforesaid Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and copies of said Notice shall be mailed by petitioners in accordance with this Rule to every person known to have any claim against the vessel, or petitioners, or to their attorneys. Ordered by Judge Joseph F. Bianco on 1/16/2018. (Certified copy mail to petitioner's counsel) (Florio, Lisa)

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O.S.
UNITED STATES DISTRICT COURT

5

EASTERN OF NEW YORK

IN THE MATTER OF THE COMPLAINT
Civil Action No.:

mtirn 1

long ISLAND

OFFICE

-Of-

ROXANNE BILELLO,individually and on behalf

ORDER

ofthe Estate of JAMES BILELLO,as Owner and/or
Owner pro kac vice of a 1984, 20 foot Aquasport
vessel for Exoneration from or Limitation of

Liability,
Petitioners.

A Complaint having been filed herein on January 12, 2018, by the above-named

petitioners, Roxanne Bilello, individually and on behalf ofthe Estate of James Bilello, as Owner
and/or Owner pro hac vice ofa 1984,20 foot Aquasport vessel, seeking Exoneration from or

Limitation of Liability, pursuant to 46 U.S.C. §§ 30501 et seq., involving admiralty and maritime
claims within the meaning of Rule 9(h)ofthe Federal Rules of Civil Procedure and Rule F ofthe

Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions ofthe
Federal Rules of Civil Procedure, conceming any claims for loss, damage,injury and/or

wrongful death arising or resulting from a marine incident, which is claimed to have occurred on
October 4,2016 while petitioners' vessel was upon the navigable waters ofthe United States, as
more fully described in the Complaint;

AND the Complaint having stated that petitioners' interest in the value ofthe vessel on
the day ofthe marine incident did not exceed the sum of$500.00;
AND petitioners have filed with the Court an Ad Interim Stipulation for value dated
January 11,2018,for the benefit of any and all claimants, with surety, equal to the amount of

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petitioners' interest in the value ofthe vessel as ofthe date ofthe marine incident, with interest at
the rate of6%per annum from the date of said security, executed by marine insurer Geico
Marine Insurance Company.

NOW,on motion of attorneys for petitioners, it is hereby:

ORDERED that the above-described Ad Interim Stipulation for Value, with interest as

aforesaid,filed by petitioners for the benefit of any and all claimants as security representing the
petitioners' interest in the value ofthe vessel as ofthe date ofthe marine incident, be and is
hereby approved; and

IT IS FURTHER ORDERED that the Court, only upon motion and good cause shown,

shall cause appraisement ofthe value of petitioners' interest in the vessel on the date ofthe
marine incident, 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 Geico Marine Ins. Co. as surety. In this event, petitioners shall
within thirty(30)days ofthe entry of an order by the Court concerning the surety, cause security
to be posted in the form provided by Supplemental Rule F(l)ofthe Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions ofthe 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 ofthe cause may require; and
IT IS FURTHER ORDERED that a Notice shall be issued by the Clerk ofthis Court to

all persons,firms, entities or corporations, having any claim or suit against the petitioners with

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Case 2;18-cv-00231-JFB-AKT Document 1-4 Filed 01/12/18 Page 3 of 4 PagelD #: 14

respect to which the Complaint seeks exoneration from or limitation of liability, admonishing

them to file their respective claims with the Clerk ofthis Court,in writing, and to deliver or mail
to the attorneys for the petitioners, James E. Mercante, Esq., RUBIN,FIORELLA &

FRIEDMAN LLP,630 Third Avenue,3*^^ Floor, New York,New York 10017, a copy thereof,

ON OR BEFORE THE 1^DAY OF

.i

2018,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 an Answer to the Complaint on or before the aforesaid date,

unless the claim has included an Answer to the Complaint, as required by Supplemental Rule F
ofthe Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions ofthe

Federal Rules of Civil Procedure, and deliver or mail a copy to the attorneys for the petitioners,
or be defaulted.

IT IS FURTHER ORDERED that the aforesaid Notice shall be published in a
newspaper with a general circulation, once a week for four(4) weeks before the return date of

said Notice, as provided by the aforesaid Rule F ofthe Supplemental Rules for Admiralty or
Maritime Claims and Asset Forfeiture Actions ofthe Federzil Rules of Civil Procedure, and

copies ofsaid Notice shall be mailed by petitioners in accordance with this Rule to every person
known to have any claim against the vessel, or petitioners, or to their attorneys; and
IT IS FURTHER ORDERED that the further prosecution of any and all actions, suits

and proceedings already commenced and the commencement or prosecution hereafter ofany and
all suits, actions, or proceedings of any nature and description whatsoever in any Court ofany
jurisdiction, or otherwise, against the petitioners, 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,

with respect to the aforesaid marine incident, be and they hereby are restrained, stayed and

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enjoined until the hearing and determination ofthis action, and all warrants of arrest ofthe vessel
and/or attachments issued or sought in such other suits, actions or legal proceedings be and the

same are hereby dissolved and further warrants of arrest ofthe vessel and/or attachments are
hereby prohibited; and
rr IS FURTHER ORDERED that service ofthis Order as a Restraining Order be made
through the Post Office by mailing a conformed copy hereofto the person or persons to be
restrained, or to their respective attorneys.

Dated: J(X^.

f\

s/3bsep'^ f- "Blanco

4850-5934-9850, v. 1