United States District Court, S.D. Alabama, Southern Division
IN THE MATTER OF THE COMPLAINT OF PIERCE A. HENINGBURG & HEIDI H. HENINGBURG AS OWNERS OF UNNAMED, 1985 CRUISERS YACHTS 336 ULTRA-VEE BEARING HIN #CRS4425BD585 & STATE OF ALABAMA #AL-1449-AE FOR EXONERATION FROM OR LIMITATION OF LIABILITY
ORDER
KRISTI
K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE
This
matter is before the Court on Petitioner's Rule 55(b)(2)
and Supplemental Rule F(5) motion for entry of final default
judgment against all non-filing parties. (Doc. 49).
I.
Background
On July
9, 2019, Petitioner filed a Complaint for Exoneration from or
Limitation of Liability pursuant to the Shipowners'
Limitation of Liability Act, 46 U.S.C. §§
30501-30512, and Supplemental Admiralty Rule F of the
Federal Rules of Civil Procedure, for any injuries,
death, damages, or losses of whatever description arising
from the March 7, 2019 fire at Grand Mariner Marina in
Mobile, Alabama involving their 1985 CRUISERS YACHTS 336
ULTRA-VEE BEARING HIN #CRS4425BD585 & STATE OF ALABAMA #
AL-1449-AE (the “Vessel”). (Docs. 1-4). On July
12, 2019, pursuant to Supplemental Rule F(4), the Court
issued an Order Restraining Suits, Approving Limitation
Plaintiffs' Security, Directing Issuance of Notice and
the Filing of Claims. (Doc. 5). This Order required that the
Notice be published in accordance with Supplemental Rule F
and that Petitioner mail, not later than the day of the
second publication, a copy of said Notice to every person
known to have made any claim against Petitioner or the Vessel
arising out the incident described in the Complaint. Said
mailings and public notice were made. (Doc. 19-1; Doc. 19-2;
Doc. 20). Pursuant to Supplemental Rule F(4), the Court's
Order gave notice to all “persons or
corporations” with claims with respect to the incident
involving the Vessel on March 7, 2019. (Doc. 7). The Order
and Notice directed that all persons having such claims must
file them as provided for in Supplemental Rule F with the
Clerk of Court and serve on or mail to Petitioners attorney a
copy thereof, on or before August 15, 2019. (Id.)
The
deadline for receipt of Claims and Answers has expired. The
following Answers and Claims were filed prior to expiration
of the deadline: Dennis Pilarcyzk (Doc. 25); Sam Williams
(Doc. 26); Grand Mariner Marina (Doc. 27); William Whitehall
(Doc. 28); and Liberty Mutual Fire Insurance Company ao Terri
Carrier (Docs. 21, 30). On August 16, 2019, Petitioner moved
for a Clerk's Default against all non-filing/appearing
parties. (Doc. 31). On August 21, 2019, per Fed.R.Civ.Proc.
Rule 55(a), the Clerk entered a default against all
non-filing parties. (Doc. 37). Petitioner moves for entry of
default judgment as to all non-filing/appearing parties.
(Doc. 49).
II.
Discussion
As
aptly summarized in the Matter of Freedom Marine Sales,
LLC, 2019 WL 3848875, *1-2 (M.D. Fla. Jul 31, 2019)
report and recommendation adopted 2015 WL 3835945
(M.D. Fla. Aug. 15, 2019) (entering default judgment against
parties who failed to respond, answer or appear):
In an
action to exonerate or limit liability from claims arising
out of maritime accidents, the Supplemental Rules for Certain
Admiralty and Maritime Claims of the Federal Rules of Civil
Procedure set forth strict deadlines for providing notice to
potential claimants and filing claims. Pursuant to
Supplemental Rule F(4):
[T]he court shall issue a notice to all persons asserting
claims with respect to which the complaint seeks limitation,
admonishing them to file their respective claims with the
clerk of the court and to serve on the attorneys for the
plaintiff a copy thereof on or before a date to be named in
the notice. The date so fixed shall not be less than 30 days
after issuance of the notice. For cause shown, the court may
enlarge the time within which claims may be filed. The notice
shall be published in such newspaper or newspapers as the
court may direct once a week for four successive weeks prior
to the date fixed for the filing of claims. The plaintiff not
later than the day of second publication shall also mail a
copy of the notice to every person known to have made any
claim against the vessel or the plaintiff arising out of the
voyage or trip on which the claims sought to be limited
arose.
Fed. R. Civ. P. Supp. F(4). Once such notice has been given,
all claims “shall be filed and served on or before the
date specified in the notice provided ...” Fed.R.Civ.P.
Supp. F(5). “If a claimant desires to contest either
the right to exoneration from or the right to limitation of
liability, the claimant shall file and serve an answer to the
complaint unless the claim has included an answer.”
Id.
In cases arising under these rules, a default judgment will
be entered against any potential claimant who has failed to
respond to public notice of a complaint for exoneration from
and/or limitation of liability within the established notice
period so long as the petitioner has fulfilled “[its]
obligation to publish notice of the limitation proceeding ...
the [n]otice expressly and clearly stated the deadline for
filing a claim and/or answer ... and [the notice stated] that
a consequence of failing to file a timely claim and/or answer
was default and being forever barred from filing a claim
and/or answer.” In re Petition of Holliday,
No. 6:14-cv-1709-Orl-28DAB, 2015 WL 3404469, at *3
(M.D. Fla. May 26, 2015) (citation omitted); see
also In the Matter of Reef Innovations, Inc., No.
11-cv-1703, 2012 WL 195531, at *2 (M.D. Fla. Jan. 6,
2012) (noting that a party seeking a default judgment on a
complaint for exoneration from or limitation of liability
must first publish a notice of the action in a newspaper for
four consecutive weeks).
Petitioners fulfilled their obligation to publish a notice of
the limitation proceeding once per week for four consecutive
weeks….as required by Supplemental Rule
F(4)…..Further, Petitioners have fulfilled their
obligations by mailing, via certified mail, a copy of their
Complaint and the Court's Order Approving Ad Interim
Stipulation, Notice of Monition, and Injunction, to all known
potential claimants to this Limitation proceeding required by
Supplemental Rule F and Local Admiralty Rules.
The Court's Order and Notice of Monition expressly and
clearly stated …. the deadline for filing a claim
….. and that a consequence of failing to file a timely
claim was default ….The deadline mandated by the Court
for filing claims has expired.….
Under these circumstances, Petitioners have demonstrated that
an entry of default ...