Divine Mercy, LLC

Filing 21

ORDER granting 17 Motion for Default Judgment. A judgment of exoneration by default is hereby entered against all parties and claimants having an interest in this matter, other than Rafael Olmos, and for any claims not yet filed by any party. Signed by Chief Judge James C. Dever III on 10/13/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
IN ADMIRALTY
No. 4:17-CV-77-D

IN THE MATTER OF THE COMPLAINT
OF DIVINE MERCY, LLC AS OWNER OF
THE FISHING VESSEL DIVINE MERCY

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ORDER

On June 5, 2017, Divine Mercy, LLC filed a complaint for exoneration from or limitation
of liability pursuant to the Limitation of Liability Act [D.E. 1]. On June 6, 2017, this court issued
a notice of complaint in admiralty for exoneration from or limitation of liability [D.E. 9]. The notice
directed all persons having claims arising from the voyage of the Fishing Vessel Divine Mercy on
April7, 2016, to file such Claims onorbeforeJuly27, 2017. Id. On August 15,2017, Rafael Olmos
filed a claim and answer to the complaint [D.E. 13, 14]. No other parties filed claims or otherwise
responded to the court's notice.

On September 15, 2017, the clerk entered default against

non-appearing parties and non-asserted claims [D.E. 20].
On August 21, 2017, plaintiff moved for entry ofjudgment of exoneration by default against
all potential claimants and claims not timely asserted [D.E. 17]. Plaintiff's motion [D.E. 17] is
GRANTED. A judgment of exoneration by default is hereby entered against all parties and
claimants having an interest in this matter, other than Rafael Olmos, and for any claims not yet filed
by any party. See Fed. R. Civ. P. Rule 55(a); Rule F(5), Supplemental Rules for Certain Admiralty
and Maritime Claims and Asset Forfeiture Actions.
SO ORDERED. This Jj_ day of October 2017.