F/V Memories, LLC

Filing 11

ORDER granting Plaintiff's 9 Motion to Stay and for Monition signed by Judge Ricardo S Martinez. (PM) cc: USMO (3 certified plus 285 Form)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE In the matter of the Complaint of F/V MEMORIES, LLC for Exoneration from or Limitation of Liability IN ADMIRALTY NO. 2:17-cv-01296 RSM ORDER OF STAY AND FOR MONITION 12 13 14 A Complaint having been filed herein on August 25, 2017 pursuant to Rule F(2) by the 15 Plaintiff as owner of the vessel F/V MEMORIES, Official No. 251934, praying for exoneration 16 from or limitation of their liability arising out of an incident occurring on or about the week of 17 May 14, 2016, and for certain other relief; and the Complaint having stated the facts and 18 circumstances upon which said exoneration and limitation are claimed; and the Plaintiff having 19 otherwise satisfied Supplemental Admiralty Rule F(1); and it appearing that claims have been 20 made or are about to be made against the Plaintiff and against the vessel for loss, damage, injury or 21 destruction alleged to have been incurred in consequence of said incident; 22 Now on motion of counsel for Plaintiff, it is 23 ORDERED that further prosecution of any action or proceeding against the Plaintiff or the 24 Plaintiff’s property with respect to any claim subject to limitation in this action is STAYED; 25 ORDER OF STAY AND FOR MONITION - 1 Cause No. 2:17-cv-01296 RSM LAW OFFICES HARRIGAN LEYH FARMER & THOMSEN LLP 999 THIRD AVENUE, SUITE 4400 SEATTLE, WASHINGTON 98104 TEL (206) 623-1700 FAX (206) 623-8717 1 ORDERED that a monition issue out of and under the seal of this Court in the form 2 attached hereto, against all persons with claims against the Plaintiff for damages for any and all 3 loss, destruction, damage or injury caused by or resulting from the said incident occurring on or 4 about the week of May 14, 2016, referred to in the Complaint, citing each of them to appear before 5 the Court and make due proof of their respective claims on or before the 10th day of November, 6 2017; and it is further 7 ORDERED that public notice of said monition be given by publication thereof in the Daily 8 Journal of Commerce once a week for four successive weeks, and that the first publication of said 9 monition be at least thirty days before November 10, 2017, and that a copy of said monition be 10 served on the respective attorneys for all persons who at the time of making this Order shall have 11 filed or begun suits for damage, loss or destruction arising out of or related to the matters 12 aforesaid, together with a copy of this Order, such service to be made at least thirty days before 13 November 10, 2017, and it is further 14 ORDERED that a copy of said monition under this Order be mailed by counsel for the 15 Plaintiff on or before the date of the second publication to every person (or their attorney) known 16 to have made any claim against the vessel or the Plaintiff arising out of the aforesaid incident. 17 DATED this 21st day of September 2017. 18 A 19 20 21 22 23 24 25 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE Presented by: HARRIGAN LEYH FARMER & THOMSEN LLP By ______________________________________ Charles Jordan, WSBA #19206 Michelle Buhler, WSBA #16235 of Attorneys for Plaintiff ORDER OF STAY AND FOR MONITION - 2 Cause No. 2:17-cv-01296 RSM LAW OFFICES HARRIGAN LEYH FARMER & THOMSEN LLP 999 THIRD AVENUE, SUITE 4400 SEATTLE, WASHINGTON 98104 TEL (206) 623-1700 FAX (206) 623-8717

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?