In The Matter of The Complaint of The F/V Carolinian

Filing 9

ORDER DIRECTING APPROVAL OF SURETY AND ISSUANCE OF NOTICE TO CLAIMANTS - Signed by District Judge Louise Wood Flanagan on 12/21/2011. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

NORTHERN DIVISION

IN ADMIRALTY

Civil Action No.2: Il-cv-60

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ORDER DIRECTING APPROVAL OF
IN THE MATTER OF THE COMPLAINT OF)
SURETY AND ISSUANCE OF NOTICE
THE FlY CAROLINIAN
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TO CLAIMANTS
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("MONITION")

A Complaint having been filed herein on October 26, 2011, by Tony D. Tillett and
Carolinian Fishing Unlimited, Inc., who are owners, charterers or owners pro hac vice of the
fishing vessel CAROLINIAN, (the "Vessel"), a 60 foot, 55 gross ton sport fishing vessel of
United States registry, Official Number] 140075, claiming the benefit of limitation of liability as
provided by the Revised Statutes of the United States and the various statutes supplementary to
and amendatory thereof, for all losses, damages, injuries and death or destruction allegedly
resulting from the casualty referred to in the foregoing Complaint which occurred on April 24,
2011 in the vicinity of Oregon Inlet, North Carolina; and the Plaintiffs having filed an amended
ad interim stipulation for the value of the Vessel and her pending charter hire, which stipulation
was given by a federally approved surety for the stated value of the Vessel, with security for
interest and costs, all as required by the rules of the Court and the law;
NOW THEREFORE, upon Plaintiffs' motion, IT IS ORDERED that Plaintiffs' amended
ad interim stipulation for value in the sum of Six Hundred Sixty Four Thousand Two Hundred
Ninety-Nine and 36/100 Dollars ($664,299.36), filed on November 8, 2011, be accepted and
approved as to quantum and form pending any motions as may be filed pursuant to Rule F(7) of
the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (the
"Supplemental Rules"); and

IT IS FURTHER ORDERED that Plaintiffs' amended ad interim stipulation of security
for costs in the sum of One Thousand and Noll 00 Dollars ($1,000.00) of November 8, 2011, is
also accepted and approved as to quantum and form; and
IT IS FURTHER ORDERED that a notice issue out of and under the seal of this Court
admonishing all persons asserting claims for any and all losses, damages, injuries or destruction
allegedly resulting from or incident to the occurrences and happenings recited in the complaint to
file their respective claims with the Clerk of this Court and serve them on Amanda G. Ray of
Womble Carlyle Sandridge & Rice, LLP, attorneys for the Plaintiffs, at the address of 150
Fayetteville Street, Suite 2100, Post Office Box 831, Raleigh, North Carolina 27602, no later
than 5 p.m. on February 4, 2012, or else be defaulted.
IT IS FURTHER ORDERED, in accordance with Rule F(3) of the Supplemental Rules,
that all claims or proceedings against the Plaintiffs or their property with respect to the matter in
question in this limitation proceeding shall immediately cease.
IT IS FURTHER ORDERED THAT PLAINTIFFS are to publish this notice in The

Coastland Times once a week for four successive weeks prior to the date fixed for the filing of
claims;
AND THE PLAINTIFFS ARE ALSO ORDERED, not later than the day of second
publication, to mail a copy of this notice to every person known to have made any claim against
the Vessel or the Plaintiffs arising out of the voyage on which the claims sought to be limited
arose.

This the 21 st day of December, 2011.

The Honorable Louise Flanagan
Judge Presiding