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In re Complaint of Cantor Enterprises, Inc.

United States District Court, S.D. California

July 21, 2017

IN THE MATTER OF THE COMPLAINT OF CANTOR ENTERPRISES, INC. dba CALIFORNIA WATERSPORTS; and JOSHUA CANTOR, individually Plaintiffs-in-Limitation

         IN ADMIRALTY

          ORDER RESTRAINING ALL SUITS, DIRECTING MONITION TO ISSUE AND PUBLICATION OF NOTICE

          Hon. Cathy Ann Bencivengo United States District Judge.

         A Complaint has been filed in the above-captioned court by Plaintiffs-in-Limitation, CANTOR ENTERPRISES INC. doing business as CALIFORNIA WATERSPORTS (hereinafter, referred to as "California Watersports") and JOSHUA CANTOR (jointly hereinafter referred to as "Plaintiffs-in-Limitation"), in their respective capacities as the owner of any and all Stand Up Paddle Boards (hereinafter "SUPs") rented out by California Watersports in and around April 2015, and as an individual entitled to assert exoneration from, or limitation of, liability, pursuant to the Limitation of Liability Act, 46 U.S.C. § 30501 et seq., and Rule F of the Supplemental Rules for Certain Admiralty and Maritime Claims, with respect to any and all injuries, losses, damages, or claims arising out of, resulting from, or in any manner connected with, the alleged "Incident" on or about April 25, 2015, purportedly involving a Stand Up Paddle Board ("SUP") occurring on the navigable waters of Agua Hedionda Lagoon, located in or around Carlsbad, California, as set forth and alleged in the Complaint (hereinafter, the "Complaint") filed herein as Document 1.

         Plaintiffs-in-Limitation will now deposit with this Court, for the benefit of the claimants, the sum equivalent to the Maximum Value of any SUP that may have been rented out by California Watersports in and around the time period of April 2015, in the amount of Five Hundred Eighty Dollars ($580.00), and will deposit the sum of Five Hundred Dollars ($500.00) as security for court costs under Local Civil Rule F.1.

         It appears that claims have been made, or will be made against Plaintiffs-in-Limitation or the SUP alleged to have been involved in the incident for losses or damages arising out of, or in some manner connected with the matters set forth in the Complaint.

         The Court, on the motion of Plaintiffs-in-Limitation, now issues the following Orders:

         1. Pursuant to Rule F(3) of the Supplemental Rules for Certain Admiralty and Maritime Claims, except as filed in this proceeding, the commencement or prosecution of any and all suits, actions or legal proceedings of any nature and description, presently ongoing or to be filed in the future, against Plaintiffs-in-Limitation or against the SUP as a result of the alleged April 25, 2015 incident described in the Complaint is enjoined and said proceedings are to be stayed and restrained until the hearing and determination of this proceeding;

         2. Pursuant to Rule F(4) of the Supplemental Rules for Certain Admiralty and Maritime Claims, a monition shall issue out of and under seal of this Court. All persons and entities asserting any claim against Plaintiffs-in-Limitation or the alleged SUP involved in the alleged April 25, 2015 incident at issue for any loss, damage or injury arising out of, resulting from, or in any manner connected with the matters set forth in the Complaint are admonished to appear and file their respective claims and answer the allegations of the Complaint with the Clerk of this Court at the United States Courthouse located at 333 West Broadway, San Diego, California 92101 in writing, and to serve a copy thereof on the attorneys for Plaintiffs-in-Limitation, on or before October 31, 2017, or be deemed in contumacy and default, and that when all proceedings have been completed, if it shall appear that the Plaintiffs-in-Limitation are not liable for any such loss or damage, it may be finally so decreed by this Court;

         3. A notice which is substantially in the same form as the "Notice of Complaint for Exoneration From, or Limitation of, Liability" (hereinafter "Notice of Complaint") that is lodged with this Court, shall be published once a week for four (4) successive weeks prior to October 31, 2017, by Plaintiffs-in-Limitation, in The San Diego Union-Tribune, a newspaper of general circulation printed and published in the County of San Diego, California;

         4. Plaintiffs-in-Limitation, pursuant to Rule F(4) of the Supplemental Rules for Certain Admiralty and Maritime Claims, shall no later than the date of the second publication mail a copy of the "Notice of Complaint" to every person and entity known to have asserted a claim against Plaintiffs-in-Limitation or the SUP alleged to be involved in the April 25, 2015 incident, arising out of, resulting from, or in any manner connected with the Complaint in this action and in those cases where the person or entity making the claim is known to have an attorney, the "Notice of Complaint" shall be mailed to such attorney;

         5. The publication and mailing of the "Notice of Complaint" described herein shall constitute due notice to all persons asserting claims arising out of or in any way relating to that which the Complaint herein seeks exoneration from, or limitation of, liability;

         6. Service of this Order as a restraining order may be accomplished by mailing a copy of this executed Order to the persons to be ...


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