In Re: Charles Weiss et al
Filing
7
ORDER adopting 6 Report and Recommendations. So Ordered by Chief Judge William E. Smith on 12/20/2016. (Jackson, Ryan)
UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
CHARLES S. WEISS and WENDY WEISS, )
as Owners of a 2003 60’ Ian
)
Franklin S/Y “SERENGETI”, for
)
Exoneration from or Limitation
)
of Liability,
)
)
Petitioners.
)
___________________________________)
In the Matter of:
C.A. No. 16-529 S
ORDER
WILLIAM E. SMITH, Chief Judge.
Magistrate Judge Patricia A. Sullivan filed a Report and
Recommendation
(R&R)
on
October
18,
2016
(ECF
No.
6),
recommending that, pursuant to 46 U.S.C. § 30511(c) and Fed. R.
Civ.
P.
requests
Supplemental
for
an
Rule
order
F,
the
restraining
Court
grant
suits,
an
Petitioners’
approval
of
Petitioners’ proposed deposit of security with the Court, and a
directive to issue a notice regarding the filing of claims (ECF
Nos. 1, 1-1.)
Having heard no objections and having carefully
reviewed Petitioners’ verified complaint and the R&R, the Court
accepts the R&R.
The Court adopts all of the recommendations
set forth therein, and ORDERS as follows:
1.
Pursuant
to
Fed.
R.
Civ.
P.
Supplemental
Rule
F(1),
Petitioners may deposit $1,500 plus six percent per annum into
the registry of the Court.
of
Petitioners’
interest
This amount reflects the $500 value
in
the
vessel
after
the
fire,
plus
costs.
2. Pursuant to Fed. R. Civ. P. Supplemental Rule F(3), any
and
all
lawsuits,
causes
of
action,
and
claims
against
Petitioners and their property arising out of the fire involving
their vessel on or about September 14, 2015, except in this
civil action, shall cease and be enjoined.
3.
Pursuant
to
Fed.
R.
Civ.
P
Supplemental
Rule
F(4),
notice shall issue to all persons asserting claims with respect
to this incident admonishing them that they will be defaulted
unless they file their respective claims within sixty days from
the date of this Order.
Such claims shall be timely filed with
the Clerk of the United States District Court for the District
of
Rhode
Island,
Petitioners’
with
attorneys,
a
copy
James
of
E.
such
claims
Mercante
and
served
on
Joseph
R.
Federici, Rubin Fiorella & Friedman LLP, 630 Third Avenue, New
York, New York, 10017.
4. Pursuant to Fed. R. Civ. P. Supplemental Rule F(4), the
notice shall be published in the Newport Daily News once a week
for four successive weeks within sixty days from the date of
this Order.
Petitioners shall mail a copy of the notice by the
day of the second publication to every person known to have made
any claims against the vessel or any petitioners arising out of
2
the fire on or about September 14, 2015.
IT IS SO ORDERED.
William E. Smith
Chief Judge
Date: December 20, 2016
3
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