Sailing Ships, Ltd.

Sailing Ships, Ltd.

Plaintiff:	Sailing Ships, Ltd.
Claimant:	Jason Alconcel
Case Number:	1:2011cv00171
Filed:	March 15, 2011
Court:	US District Court for the District of Hawaii
Office:	Hawaii Office
County:	Maui
Presiding Judge:	BARRY M. KURREN
Presiding Judge:	SUSAN OKI MOLLWAY
Nature of Suit:	Marine
Cause of Action:	28 U.S.C. § 1333
Jury Demanded By:	None

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Date Filed	Document Text
July 12, 2012	Filing 60 ORDER DENYING SUMMARY JUDGMENT, AND DISMISSING THE LIMITATION ACTION AND LIFTING INJUNCTION re 46 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 7/12/12. --" The court lifts the injunction issued in this case to allow Alconcel to p roceed with his state lawsuit against Sailing Shipps under the Saving to Suitors clause. To preserve Sailing Shipps' right to have its claims for exoneration from and limitation of liability adjudicated in federal court, Sailing Shipps may file, once the state proceeding has been fully and finally adjudicated, another federal action for exoneration from or limitation of liability arising out of the incident in issue. The applicable filing fee is waived if Sailing Shipps provides the Cl erk of Court with a copy of this order upon filing any such new federal action. For any such refiled case, the filing date shall relate back to the date this action was filed so long as the refiled case is filed with this court within 60 days of when the judgment in the state action becomes final." ~ "If the procedure for refiling set forth in the previous paragraph becomes impractical or risks compromising any party's rights or otherwise prejudices any party, that party may, in lieu of the procedure set forth above, seek to reopen this case by filing an appropriate motion." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

Date Filed

Document Text

July 12, 2012

Filing 60 ORDER DENYING SUMMARY JUDGMENT, AND DISMISSING THE LIMITATION ACTION AND LIFTING INJUNCTION re 46 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 7/12/12. --" The court lifts the injunction issued in this case to allow Alconcel to p roceed with his state lawsuit against Sailing Shipps under the Saving to Suitors clause. To preserve Sailing Shipps' right to have its claims for exoneration from and limitation of liability adjudicated in federal court, Sailing Shipps may file, once the state proceeding has been fully and finally adjudicated, another federal action for exoneration from or limitation of liability arising out of the incident in issue. The applicable filing fee is waived if Sailing Shipps provides the Cl erk of Court with a copy of this order upon filing any such new federal action. For any such refiled case, the filing date shall relate back to the date this action was filed so long as the refiled case is filed with this court within 60 days of when the judgment in the state action becomes final." ~ "If the procedure for refiling set forth in the previous paragraph becomes impractical or risks compromising any party's rights or otherwise prejudices any party, that party may, in lieu of the procedure set forth above, seek to reopen this case by filing an appropriate motion." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

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Plaintiff: Sailing Ships, Ltd.
Represented By:	Robert G. Frame
Represented By:	Cynthia A. Farias
Represented By:	Michael J. Nakano
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Claimant: Jason Alconcel
Represented By:	Emily Kawashima Waters
Represented By:	Ian L. Mattoch
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