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 & CLARK, A Professional Corporation, San Francisco, California, Attorneys for Plaintiff, GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT.
[PROPOSED] ORDER DIRECTING ISSUANCE OF MONITION AND SPECIAL RESTRAINING ORDER
JON S. TIGAR, District Judge.
A complaint having been filed herein by GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT ("plaintiff"), as owner 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"), seeking exoneration from or limitation of liability as provided for by statute, for all losses, damages, or injuries occasioned, sustained, or incurred upon, or in any manner arising out of a voyage of said vessel which occurred on or about February 16, 2013, while the M/S SAN FRANCISCO plied the navigable waters of San Francisco Bay.
It appearing from plaintiff's complaint that the value of the vessel after the incident does not exceed $309, 680, and that claims have been and may be asserted against plaintiff for loss and damage and that said claims are subject to limitation in the action now on file in this Court;
Now, upon application of the plaintiff herein,
IT IS HEREBY ORDERED that a Notice and Monition issue out of and under the seal of this Court to and against all persons, concerns, or firms claiming damages for any and all losses, damages, or injuries occasioned, sustained, or incurred upon, or in any manner arising out of or consequent upon, said voyage of the M/S SAN FRANCISCO which occurred on February 16, 2013 while it plied the navigable waters of San Francisco Bay, and when a small boat collided with it allegedly resulting in injuries and death of persons aboard said boat, admonishing them and each of them to appear and file their respective claims with the Clerk of this Court on or before February 19, 2014 and to make due proof of their respective claims in such manner as may hereinafter be directed by further order of this Court, subject to the right of any persons, concerns, or firms to controvert or question said claims, with liberty also to any such claimants who have duly filed their claims to answer the complaint herein and to file such answer with the Clerk of this Court on or before the date specified above; and
IT IS FURTHER ORDERED that public notice of said monition pursuant to the Federal Rules of Civil Procedure, Supplemental Rule F(4) for Admiralty and Maritime Claims, shall be given by publication in a newspaper of general circulation in San Francisco, California published once a week for four successive weeks prior to the date fixed herein for the filing of claims; and
IT IS FURTHER ORDERED that not later than the date of the second publication of said notice, the plaintiff shall mail or cause to be mailed a copy of the said notice to every person, firm or concern known to have made any claim against the plaintiff or the M/S SAN FRANCISCO arising from the aforementioned voyage; and
IT IS FURTHER ORDERED that the institution and prosecution of any suits, actions, or legal proceedings of any nature or description whatsoever in any court, except in this proceeding for exoneration from or limitation of liability, against the plaintiff in respect of any claim or claims arising out of, occasioned by, or in any way consequent upon the aforementioned voyage of the M/S SAN FRANCISCO, or the incident in which it was involved, or otherwise subject to limitation in this proceeding, be and the same are hereby enjoined, this special restraining order to remain in effect until the determination of the action in this Court; and
IT IS FURTHER ORDERED that service of this Order as a restraining order shall be made by delivering a certified copy of this to the person or persons to be restrained, or to their respective attorneys or representatives.
IT IS ORDERED.