United States District Court, D. Utah, Central Division
In Re the Complaint and Petition of the United States of America in a Cause for Exoneration from or Limitation of Liability with Respect to National Park Service and Public Vessels Buoy Tender No. 450, No. 257, No. 2510, No. 256, No. 2511, and No. 290 Re the Grounding of a 21' Speedboat in or near Bullfrog Bay on Lake Powell, Utah, on July 24, 2016.
ORDER RESTRAINING SUITS AND DIRECTING ISSUANCE OF
Nuffer United States District Judge.
Complaint has been filed by the United States of America, as
owner of the National Park Service (“NPS”) Public
Vessels Buoy Tender No. 450, No. 257, No. 2510, No. 256, No.
2511, and No. 290, seeking exoneration from or limitation of
liability for any and all losses, injuries or damages
occasioned or incurred by or in any way consequent of the
incident involving the grounding of a speedboat on July 24,
2016, on Lake Powell near Bullfrog Bay, and for certain other
relief. The Complaint states the facts and
circumstances upon which said exoneration and limitation are
claimed, and that the claims that have been made or may be
made against Plaintiff are in amounts which will exceed the
value of Plaintiff's interest in NPS Public Vessels Buoy
Tender No. 450, No. 257, No. 2510, No. 256, No. 2511, and No.
290, for the alleged injuries, damages, or losses said to
have been occasioned or incurred in consequence of the
is exempted by reason of 28 U.S.C. § 2408 from giving
security for damages or costs herein, and thereby exempted
from furnishing bonds or stipulation for value or any other
security in these proceedings.
on the motion of Plaintiff, and good cause appearing
HEREBY ORDERED that Plaintiff's motion is GRANTED. The
Clerk of this Court is directed to issue a notice to all
persons or entities asserting claims or suits with respect to
which the Complaint seeks exoneration from or limitation of
liability, admonishing them, in accordance with Rule F(5) of
the Supplemental Rules for Certain Admiralty and Maritime
Claims of the Fed.R.Civ.P., to file their respective claims
and answers to the Complaint, if any, with the Clerk of this
Court, in writing, and to serve on the attorneys for
Plaintiff a copy thereof, on or before November 16, 2018, or
FURTHER ORDERED that the aforesaid notice shall be published
in the Salt Lake Tribune, a newspaper with general
circulation within the State of Utah, and that such notice
shall be published once a week for four (4) successive weeks
prior to the date fixed for the filing of claims; and it is
FURTHER ORDERED that not later than the date of the second
publication of said notice Plaintiff shall mail a copy of
said notice and complaint to every person of concern or their
counsel, if any, known to have made any claim against NPS
Public Vessels Buoy Tender No. 450, No. 257, No. 2510, No.
256, No. 2511, and No. 290 or Plaintiff arising out of the
incident from which the claims sought to be limited arose.
FURTHER ORDERED that the continued prosecution of any and all
suits, actions or proceedings which may have already begun
against the Plaintiff in any Court whatsoever to recover
damages arising out of, occasioned by, or consequent upon the
aforesaid collision and the institution or 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 Plaintiff in respect of any claim or claims arising
out of the aforesaid incident, or otherwise subject to
limitation in this proceeding, be and they hereby are stayed
and restrained until the hearing and determination of this
FURTHER ORDERED that service of this Order as a Restraining
Order shall be made within this District in the usual manner
and in any other District of the United States by the United
States Marshal for such District or such other authorized
persons by delivering or mailing a certified copy of this
Order to the person or persons, or entity or entities, to be
restrained, or to their respective attorneys or
FURTHER ORDERED that the publication and mailing of copies of
the Notice to Claimants, required by Rule F(4), Supplemental
Rules for Certain Admiralty and Maritime Claims, shall
constitute due notice to all persons asserting claims with
respect to which said complaint seeks limitation.
 Complaint of the United States in a
Cause for Exoneration from or Limitation of Liability,
docket no. 2, ...