Bald Head Island Transportation, Inc. et al
ORDER granting 59 Motion Approve Settlement and Dismiss Claims of Scearce. Scearce is DISMISSED as a Claimant in this action, and all his claims are DISMISSED with prejudice. Signed by Senior Judge James C. Fox on 12/4/14. (Edwards, S.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
In the Matter of:
Bald Head Island Transportation, Inc.,
("Owner"), Bald Head Island Limited,
LLC ("Manager") and MN ADVENTURE,
Official No. 916323, together with her
Engines, Tackle and Apparel, for
Exoneration from or Limitation of
This matter is before the court on the Joint Motion for Consent Order Approving
Settlement and Dismissing Claims of and Regarding Richard W. Scearce, III [DE-59]. Attached
thereto is the settlement agreement [DE-59-1] between Scearce and Bald Head Island
Transportation, Inc., Bald Head Island Limited, LLC, and MN ADVENTURE, Official No.
916323. These parties ask the court to approve the settlement, and dismiss any claim by Scearce.
The remaining claimants have responded [DE-60] to the motion, and state:
With the agreement and understanding of Plaintiffs ... that neither Plaintiffs'
settlement with Claimant Scearce nor the Court's approval of such settlement will
reduce the amount of the limitation fund, the remaining non-settling Claimants
(Cockrell, Donecker, Springmeier, and Strickland) hereby each declare that they
do not oppose the subject Plaintiffs' motion.
Personal Injury Claimants' Response [DE-60] at 1. Attached to the response is an
acknowledgment signed by counsel for the Limitation Plaintiffs that "the settlement with Richard
Scearce, III set forth in Motion shall not reduce the Limitation Fund." Ex. A [DE-60-1].
The court has reviewed the settlement agreement. In light of the non-opposition of the
Personal Injury Claimants, the court ORDERS that the Settlement Agreement between the
Limitation Plaintiffs and Richard W. Scearce, III is approved, and Scearce is DISMISSED as a
Claimant in this action, and all his claims are DISMISSED with prejudice.
SO ORDERED. This, the 4th day of December, 2014.
enior United States District Judge
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