In the Matter of the Complaint of Gerald Wilson
| Gerald Wilson |
| Bobbijo Wolf Ramsden |
| 5:2021cv00407 |
| April 9, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Other Statutory Actions |
| 28 U.S.C. ยง 1333 Admiralty |
| None |
Docket Report
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| Document Text |
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| Filing 6 NOTICE of Appearance by Jocelyn Cibinskas on behalf of Gerald Wilson (Cibinskas, Jocelyn) |
Filing 5
ORDERED that the above-described Ad Interim Stipulation for Value, with interest as aforesaid, filed by Petitioner for the benefit of any and all claimants as security representing the Petitioners interest in the value of the vessel as of the date of the alleged incident and the costs pursuant to Rule F(f)(1) of the Local Rules of Procedure for Admiralty and Maritime Claims, be and is hereby approved; and IT IS FURTHER ORDERED that the Court, only upon motion and good cause shown, shall cause appraisement of the value of Petitioners interest in the vessel on the date of the alleged incident, and may thereupon order said security increased or reduced if it finds the amount thereof insufficient or excessive; and IT IS FURTHER ORDERED that any claimant in these proceedings may express, only upon motion and good cause shown and by written notice filed with the Court and served upon all parties of record, its dissatisfaction with Boat U.S. Marine Insurance Company as surety. In this event, Petitioner shall within thirty (30) days of the entry of an order by the Court concerning the surety, cause security to be posted in the form provided by Supplemental Rule F(1) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and satisfactory to this Court failing which the injunction entered concurrently herewith will be vacated as to all claimants, and the Court will make such further orders as the justice of the cause may require; and IT IS FURTHER ORDERED that a Notice shall be issued by the Clerk of this Court to all persons, firms, entities or corporations, having any claim or suit against the Petitioner or his vessel with respect to which the Complaint seeks exoneration from or limitation of liability, admonishing them to file their respective claims with the Clerk of this Court, in writing, and to deliver or mail to the attorneys for the Petitioner, James E. Mercante, Esq., RUBIN, FIORELLA, FRIEDMAN & MERCANTE LLP, 630 Third Avenue, 3rd Floor, New York, New York 10017, a copy thereof, ON OR BEFORE THE 1ST DAY OF JUNE, 2021, or be defaulted; and that if any claimant desires to contest either the right to exoneration from or the right to limitation of liability, such claimant shall file an Answer to the Complaint on or before the aforesaid date, unless the claim has included an Answer to the Complaint, as required by Supplemental Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and deliver or mail a copy to the attorneys for the Petitioner, or be defaulted.IT IS FURTHER ORDERED that the aforesaid Notice shall be published in The Post-Standard, a newspaper with a general circulation including Onondaga County, once a week for four (4) weeks before the return date of said Notice, as provided by the aforesaid Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and copies of said Notice shall be mailed by Petitioner in accordance with this Rule to every person known to have any claim against the vessel, or petitioners, or to their attorneys; and IT IS FURTHER ORDERED that the further prosecution of any and all actions, suits and proceedings already commenced and the commencement or prosecution hereafter of any and all suits, actions, or proceedings of any nature and description whatsoever in any Court of any jurisdiction, or otherwise, against the Petitioner, insurer, and/or the vessel, and the taking of any steps, entry of any order or judgment and the making or continuing of any motion in and/or concerning such actions, suits or proceedings except in this action, with respect to the aforesaid alleged incident, be and they hereby are restrained, stayed and enjoined until the hearing and determination of this action, and all warrants of arrest of the vessel and/or attachments issued or sought in such other suits, actions or legal proceedings be and the same are hereby dissolved and further warrants of arrest of the vessel and/or attachments are hereby prohibited; and IT IS FURTHER ORDERED that service of this Order as a Restraining Order be made through the Post Office by mailing a conformed copy hereof to the person to be restrained or to his respective attorneys. Signed by Senior Judge Lawrence E. Kahn on April 21, 2021. (sas)
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| Filing 4 NOTICE of Complaint for Exoneration From or Limitation of Liability. (sas) |
| Filing 3 STIPULATION re #1 Complaint, 2 Order,, (signed Ad Interim Stipulation for Value) by Gerald Wilson submitted to Judge Lawrence E. Kahn. (Mercante, James) |
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Filing 2
TEXT ORDER: The Court has received Petitioner's Complaint for Exoneration from or Limitation of Liability and accompanying exhibits. Dkt. No. 1. Specifically, Petitioner submitted an Ad Interim Stipulation for Value that was not signed by either Petitioner or the corporate surety. Dkt. No. 1-3. Without passing judgment, the Court requests that Petitioner resubmit a signed Ad Interim Stipulation for Value within seven (7) days of this Order. Additionally, the Court reminds Petitioner to ensure compliance with the Local Rules on sureties and on procedure for admiralty and maritime cases. Signed by Senior Judge Lawrence E. Kahn on April 15, 2021. (sas)
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| Filing 1 COMPLAINT FOR EXONERATION FROM OR LIMITATION OF LIABILITY (Filing fee $402 receipt number ANYNDC-5489339) filed by Gerald Wilson. (Attachments: #1 Exhibit (Certificate of Market Valuation), #2 Proposed Notice, #3 Ad Interim Stipulaton for Value, #4 Proposed Order, #5 Civil Cover Sheet) (dpk) |
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| Petitioner: Gerald Wilson | |
| Represented By: | James E. Mercante |
| Represented By: | Jocelyn Cibinskas |
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| Claimant: Bobbijo Wolf Ramsden | |
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