0057 Public Notices
KEY WEST DIVISION IN ADMIRALTY
SILVER DOLLAR, LLC and GREGORY TODD EVANS, as owners of the 2006 44’ sailing vessel Graceful Storm,USCG Official No.1186731, its Sails, Engines, Tackle, Rigging, Gear, Appurtenances, Equipment, Etc., and its captains, Petitioners in a cause of Exoneration from or Limitation of Liability.
T0 THE MARSHAL OF THE UNITED STATES OF AMERICA FOR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA,
WHEREAS, a Complaint has been filed in the United States District Court
for the Southern District of Florida,on Monday, May 06, 2019 by Petitioners Silver Dollar, LLC and Gregory Todd Evans, owners of the 2006 44’ sailing vessel Graceful Storm, USCG OfficialNo.1186731, its Sails, Engines, Tackle, Rigging, Gear, Appurtenances, Equipment, Etc., under Rule F of the Supplemental Rules for Certain Admiralty and Maritime Claims, Local Admiralty Rule F, and 46 U.S.C. § 30501 et seq., seeking exoneration from or limitation of, any liability concerning any and all personal injury, property damage, destruction or other losses occasioned by or arising out of the marine casualty set forth in the aforesaid Complaint, for reasons and causes in said Complaint, and praying that a Monition and Injunction for those reasons be issued, and that all persons or corporations claiming any and all personal injury, property damage, destruction or other losses arising out of or occurring on or about May 21, 2018, in the navigable waters of Boot Key Harbour near Boot Key in the Florida Keys as more fully described in the Complaint, be there by cited to appear and file their respective claims with the Clerk of this Court, and to make due process there of and citing them to file their answers to the Complaint and all the proceedings be had, if it shall appear that Petitioners are not liable for any personal injury, property damage, destruction or other losses, it maybe so finally decreed by this Court; and,
WHEREAS Petitioners have filed an Ad lnterim Stipulation for Costs and Value, representing the value of the Petitioners’ interest in the Vessel, that with in thirty (30) days after the entry of an Order herein appraising the value of the Petitioners’ interest in the subject Vessel, will pay the amounts so fixed into this Court or will file with the Court a stipulation for value in the usual form and with approved surety;
WHEREAS this Court has ordered that said Ad Interim Stipulation for Costs and Value is approved and shall stand as security for all claims against the Petitioners and the Vessel in this proceeding and whereas this Court has ordered that a Monition issue, out of and under the seal of this court against all persons claiming damages for any and all loss, damage or injury arising out of or occurring on or about May 21, 2018, in the navigable waters of Boot Key Harbour near Boot Key in the Florida Keys as more fully described in the Complaint for Limitation, citing them to appear before and to file their claims with the clerk of this court in writing and under oath, and serve copies there of upon attorneys for the Petitioner and direct that any such persons, or their personal representatives, claiming damages as aforesaid who shall desire to contest the claimant, the Petitioner, shall answer said Complaint and,
WHEREAS the Petitioners seek protection against suit outside of this limitation proceeding as permitted by §30501 et seq. of Title 46, United States Code and Supplemental Rule “F” of the Federal Rules of Civil Procedure, and the Court having granted an injunction against such suits,
YOU ARE THEREFORE, COMMANDED to cite ALL PERSONS OR CORPORATIONS, in respect of which the Petitioners seeks limitation, to file their respective claims with the Clerk of this Court and to serve copies thereof on Petitioners’ Attorney, David N. Gambach, Esq. of Hamilton, Miller& Birthisel, LLP., 150 Southeast Second Avenue Suite1200, Miami, FL 33131 on or before June 21, 2019, and if any such persons or their personal representatives shall desire to contest the Petitioners’ Complaint, citing such claimants to appear and respond to the Complaint herein on or before the date aforementioned, or within such further time as this Court may grant.
AND what you have done in the premises do you then make return to this Court together with this Writ.
Dated this 8 day of may, 2019.
Angela E. Noble
CLERK, United States District Court for the Southern District of Florida
05/18/19, 05/25/19, 06/01/19, 06/08/19 Key West Citizen