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In re Complaint of Golden Gate Bridge, Highway & Transportation District

United States District Court, Ninth Circuit

December 23, 2013

In the Matter of the Complaint of GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT, as Owner and Operator of the M/S SAN FRANCISCO, Plaintiff, For Exoneration From or Limitation of Liability.

Rex M. Clack, Esq. (SBN 59237), David E. Russo, Esq., (SBN 112023), STERLING & CLACK, A Professional Corporation, San Francisco, California, Attorneys for Plaintiff GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT.

[PROPOSED] SPECIAL RESTRAINING ORDER

JON S. TIGAR, District Judge.

Now on motion of Sterling & Clack, attorneys for plaintiff GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT ("plaintiff"), as owner and operator of that certain vessel, the M/S SAN FRANCISCO, built in or about 1974, with an approximate length of 165 feet, bearing registration number 586350 (hereinafter referred to as "the M/S SAN FRANCISCO"),

IT IS HEREBY ORDERED that the institution and prosecution of any and all suits, actions, or legal proceedings of any nature or description whatsoever, except in this proceeding for exoneration from or limitation of liability, against the plaintiff with respect to any claim arising out of or connected with the incident which occurred on or about February 16, 2013, while the M/S SAN FRANCISCO plied the navigable waters of San Francisco Bay, and when a small boat collided with it allegedly resulting in the death of said boat's operator and injury to its passenger, be and hereby are stayed and restrained until the hearing and determination of this proceeding, pursuant to Federal Rule of Civil Procedure Supplemental Rule for Admiralty and Maritime Claims F(3), and

IT IS FURTHER ORDERED that the service of this Order as a Restraining Order be made: (1) within this District, by delivery of a certified copy hereof to the person or persons to be restrained, or to their respective attorneys; and (2) in any other District, by the United States Marshal for such District delivering a certified copy of this order to the person or persons to be restrained or to their respective attorneys, in case any action, suit or legal proceedings have been taken.

IT IS ORDERED.


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