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IN THE MATTER OF BURCHELL ENTERPRISES

United States District Court, N.D. California


September 20, 2005.

In the Matter of Petitioner BURCHELL ENTERPRISES, INC. as Owners of F/V MARIAN ANN for Exoneration from and/or Limitation of Liability.

The opinion of the court was delivered by: SAUNDRA ARMSTRONG, District Judge

ORDER GRANTING PETITION FOR EXONERATION FROM LIABILITY

Petitioner, BURCHELL ENTERPRISES, INC.'s Motion for an Order granting exoneration from liability came on for hearing before the Honorable Saundra Brown Armstrong on September 20, 2005 in the above-entitled Court, the Court finds that there are no remaining legally cognizable claims contesting Petitioner's right to exoneration from liability. Thus, the Court finds that BURCHELL ENTERPRISES, INC. is entitled to judgment as a matter of law. The Court further finds that any other claims against Petitioner are neither permissible nor necessary in light of the settlement between BURCHELL ENTERPRISES, INC., Jennifer Mogg and Teena Alvarado, individually and on behalf of their minor children. The Court further finds that pursuant to F.R.C.P. Rule 54(b) that there is no reason for delay in entry of judgment. IT IS HEREBY ORDERED, JUDGED AND DECREED AS FOLLOWS:

  Petitioner's Motion for an order granting Petitioner exoneration from liability for damages, for any and all losses, injuries and/or deaths that occurred on or about September 22, 2004 as granted; and the clerk is expressly directed to enter judgment in favor of Petitioner.

20050920

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