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.
© 1992-2005 VersusLaw Inc.