In re the Complaint of RLB Contracting, Inc.

Filing 31

ORDER. It is therefore ORDERED that the stay against sole Claimant Manuel Garcia pursuing his state claim against RLB Contracting, Inc. is hereby LIFTED. (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
RLB CONTRACTING, INC.,
Petitioner,
VS.
MANUEL GARCIA III, et al,
Defendants.

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December 15, 2016
David J. Bradley, Clerk

CIVIL ACTION NO. 3:16-CV-156

ORDER
On December 8, 2016, the Court ruled on Claimant’s pending Opposed Motion to
Lift Stay (Dkt. 24) was before the Court in a Motion Hearing. Dkt. 30. Because an Entry
of Default was ordered and the Motion to Lift Stay was no longer opposed, the Court
denied the Motion as moot. The Court now VACATES its denial of Defendant’s Motion
to Lift Stay and hereby GRANTS the Motion.
The Claimant’s Motion sought relief under the Jones Act’s “savings to suitors”
clause. 28 U.S.C. § 1333(1). The Fifth Circuit has held that “claims may proceed outside
the limitation action

. . . if the claimants stipulate that the federal court has exclusive

jurisdiction over the limitation of liability proceeding and that they will not seek to
enforce a greater damage award until the limitation action has been heard by the federal
court. In re Tetra Applied Technologies LP, 362 F.3d 338, 341 (5th Cir. 2004) (relying
upon Lewis v. Lewis & Clark Marine, Inc., 531 U.S. 438, 454 (2001). Here, the sole
Claimant stipulated to this Court’s exclusive jurisdiction over Petitioner’s limitation of
liability suit. He further stipulated that he will not seek to enforce any judgment or ruling

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by a state court in excess of $915,000, the amount established as the proper limitation
fund.
It is therefore ORDERED that the stay against sole Claimant Manuel Garcia
pursuing his state claim against RLB Contracting, Inc. is hereby LIFTED.
SIGNED at Galveston, Texas, this 15th day of December, 2016.
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George C. Hanks Jr.
United States District Judge

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