In Re: Maersk Tankers

Filing 236

ORDER granting 197 Motion for Miscellaneous Relief as to Claimants Gordon Estergren, Sandy Westergren, Michael Donelson, Richard Helmle, Carole Helmle, Chris Miller, Kimberly Miller, Peter Sundt and Brian Johnson (hereinafter collectively referred to as the Mostyn Claimants) as set forth in Order. Any further relief requested is DENIED..(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT

September 16, 2016
David J. Bradley, Clerk

FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
IN THE MATTER OF THE COMPLAINT §
OF MAERSK TANKERS AS, AS OWNER §
AND OPERATOR OF THE
§
M/T CARLA MAERSK FOR
§
EXONERATION FROM AND/OR
§
LIMITATION OF LIABILITY
§

CIVIL ACTION NO. G-15-106
(Consolidated with G-15-cv-237)

ORDER
The Court reviewed the Motion of the Limitation Plaintiffs, Maersk Tankers AS,
Conti 168 Schiffarts-GMBH & Co. Bulker KG MS “CONTI PERIDOT” and Bremer
Bereederungsgesellschaft mbH & Co. KG, for Miscellaneous Relief as to Claimants Gordon
Estergren, Sandy Westergren, Michael Donelson, Richard Helmle, Carole Helmle, Chris
Miller, Kimberly Miller, Peter Sundt and Brian Johnson (hereinafter collectively referred to
as the Mostyn Claimants) (Docket No. 197) and conducted a Hearing and heard arguments
of counsel on September 8, 2016.
In the absence of a voluntary stipulation by the Mostyn Claimants, the Court hereby
finds that it has the exclusive jurisdiction to determine all issues relative to limitation of
liability and in rem liability; therefore, the Motion is GRANTED as follows:
In order to preserve its exclusive jurisdiction, it is ORDERED that no Party may offer
or attempt to use any factual findings, verdicts or judgments from the pending action filed in
the 234th Judicial District Court of Harris County, Texas, Cause No. 2015-25755, styled
Gordon Westergrn, et al v. the Maersk Group, et al., in an effort to preclude, on the basis

of res judicata, collateral estoppel or issue preclusion, the full and fair federal litigation, or
re-litigation, of any and all limitation and in rem liability issues. Cf. Lewis v. Lewis &
Clark Marine, Inc., 531 U.S. 438 (2001).
It is further ORDERED that discovery and evidence from the state court litigation
which complies with the Federal Rules of Civil Procedure and Federal Rules of Evidence may
be presented in this case only with the prior approval of the Court.
Any further relief requested is DENIED.
DONE at Galveston, Texas, this

16th

2

day of September, 2016.