In the Matter of the Complaint of Henry Buettner, Jr., as Owner of a 2000 27' Grady White, HIN NTLSL548B000, For Exoneration From or Limitation of Liability
| In the Matter of the Complaint of Henry Buettner, Jr., as Owner of a 2000 27' Grady White, HIN NTLSL548B000, For Exoneration From or Limitation of Liability |
| Jeffrey Hooker |
| 3:2022cv00120 |
| March 1, 2022 |
| US District Court for the Eastern District of Virginia |
| John A Gibney |
| Contract: Marine |
| 28 U.S.C. § 1333 Admiralty |
| None |
Docket Report
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| Received CD-ROM Exhibit D to ECF No. #10 by Jeffrey Hooker. Placed in brown expandable folder and placed on shelf in Clerk's Office. (jpow, ) |
Filing 12
ORDER - This matter comes before the Court on its own initiative. On March 9, 2022, the Clerk issued a notice of complaint for exoneration from or limitation of liability ("the notice"). (ECF No. #8 .) In the notice, the Clerk directed "[a]ll persons having claims [to] file them as provided in Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. Federal Rules of Civil Procedure.... on or before April 26, 2022.'" (Id. at 1.) The Court now ORDERS the plaintiff, pursuant to Supplemental Rule F(6) of the Federal Rules of Civil Procedure, to mail to the attorney for each claimant a list selling forth: (a) the name of each claimant, (b) the name and address of each claimant's attorney, (c) the nature of the claim (that is, whether property loss, property damage, death, personal injury, etc.), and (d) the amount thereof on or before Friday, May 27, 2022. Signed by District Judge John A. Gibney, Jr on 4/26/2022. (jpow, )
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| Filing 11 Financial Interest Disclosure Statement (Local Rule 7.1) by Jeffrey Hooker. (Peeples, Bryan) |
| Filing 10 ANSWER to Complaint and Claim by Jeffrey Hooker. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F)(Peeples, Bryan) |
| Filing 9 NOTICE of Appearance by Heather Renee Pearson on behalf of In the Matter of the Complaint of Henry Buettner, Jr., as Owner of a 2000 27' Grady White, HIN NTLSL548B000, For Exoneration From or Limitation of Liability (Pearson, Heather) |
| Filing 8 CLERK'S NOTICE OF COMPLAINT FOR EXONERATION FROM OR LIMITATION OF LIABILITY - All persons having claims must file them as provided in Rule F of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, with the Clerk of this Court, the United States District Court for the District of Eastern District of Virginia, 701 East Broad Street, Richmond, Virginia 23219, and serve on or mail to the Limitation Plaintiffs counsel: Christopher A. Abel, Esquire, or Heather R. Pearson, Esquire, Willcox & Savage, P.C., 440 Monticello Avenue, Suite 2200, Norfolk, Virginia 23510, a copy thereof on or before the 26th day of April, 2022, or be defaulted. Personal attendance is not required. Any claimant desiring to contest the Limitation Plaintiffs allegations must file an answer to the Complaint as required by Rule F(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, by the date set forth above, and serve on or mail to either counsel for the Limitation Plaintiff a copy thereof. (jpow, ) 3 Certified Copies of the Clerk's Notice mailed to Attorney Christopher Abel. |
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Filing 7
ORDER - This matter comes before the Court on the plaintiff's motion for publication and stay. (ECF No. 4.) The plaintiff has satisfied the security requirement of 46 U.S.C. 3051 1 (b) and Supplemental Rule F(l). The Court hereby: ENJOINS and RESTRAINS the commencement or prosecution of all suits, claims, and proceedings related to the Incident against the plaintiff, the Vessel, or any other property owned, operated, or controlled by the plaintiff, except in the instant proceeding; STAYS until the resolution of the instant proceeding all ongoing suits, claims, and proceedings related to the Incident against the plaintiff, the Vessel, or any other property owned, operated, or controlled by the plaintiff; ORDERS that any property attached to any suit, claim, or proceeding described in paragraphs (1) or (2) be freed from such attachment, with any bonds or stipulations given for the release of such property released and cancelled; ORDERS any person holding any attached property described in paragraph (3) to release such property to the person having custody of the property at the time of the attachment; DIRECTS the Clerk to issue a notice to all persons asserting claims related to the Incident against the plaintiff, the Vessel, or any other prope11y owned, operated, or controlled by the plaintiff, admonishing them to file their respective cl aims with the Clerk and to serve on or mail to the attorneys for the plaintiff a copy thereof on or before the date listed in the Notice attached to this Order ("the Notice") (Attachment A). The plaintiff may contact the Clerk to request certified copies of the Notice; ORDERS the plaintiff to publish the Notice in Westmoreland News. Consistent with Supplemental Rule F(4), the plaintiff shall publish the Notice once per week for four successive weeks before the return date in the Notice; ORDERS the plaintiff to mail not later than the day of the second publication of the Notice a copy of the Notice to all persons known to have made or who may make a claim related to the Incident against the plaintiff or the Vessel; and ORDERS that service of this Order as a restraining order be made within this district or Court by delivering a copy of this Order to the person or persons to be restrained, or to his, her, or their respective counsel or attorneys. Signed by District Judge John A. Gibney, Jr on 3/9/2022. (Attachments: #1 Attachment A)(jpow, )
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| Filing 6 Remark: Funds in the amount of $1,000.00 received and receipted on 3/4/22 (Receipt #34683052994) re #5 Order Accepting Security. (Attachments: #1 Cover Letter)(tdai, ) Modified text on 3/7/2022 (tdai, ). |
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Filing 5
ORDER ACCEPTING SECURITY - NOW, on the application of the Limitation Plaintiff, by counsel, to deposit funds into the registry of the Court; IT IS HEREBY ORDERED: That the Clerk of the Court shall accept the funds tendered to the Court as described above and that such tender satisfies the security requirements of 46 U.S.C. 30511 and Supplemental Rule F(1) inclusive of interest and costs not previously stipulated to by the Limitation Plaintiff in this matter, without prejudice to the right or any claimant to seek additional security under Supplemental Rule F(7). SEE ORDER FOR DETAILS. Signed by District Judge John A. Gibney, Jr on 3/3/2022. (jpow, )
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| Notice of Correction - Clerk added Civil Action Number to the Complaint (ECF No. 1), Stipulation (Limitation Plaintiff's ad Interim Stipulation for Value) (ECF No. 2), Stipulation (Limitation Plaintiff's Stipulation for Costs (ECF No. 3), and Motion to Security and for Publication and Stay and attached proposed orders (ECF No. 4). No further action is required at this time. (jpow, ) |
| Initial Case Assignment to District Judge John A. Gibney, Jr. (jpow, ) |
| Filing 4 MOTION to Approve Security and for Publication and Stay by In the Matter of the Complaint of Henry Buettner, Jr., as Owner of a 2000 27' Grady White, HIN NTLSL548B000, For Exoneration From or Limitation of Liability. (Attachments: #1 Exhibit A - Proposed Order Accepting Security, #2 Exhibit B - Proposed Order of Publication and Stay, #3 Exhibit C - Notice of Complaint for Exoneration From or Limitation of Liability)(Abel, Christopher) (Main Document 4 replaced on 3/3/2022) (jpow, ). (Attachment 1 replaced on 3/3/2022) (jpow, ). (Attachment 2 replaced on 3/3/2022) (jpow, ). (Attachment 3 replaced on 3/3/2022) (jpow, ). Modified on 3/9/2022 (jpow, ). |
| Filing 3 STIPULATION (LIMITATION PLAINTIFF'S STIPULATION FOR COSTS) by In the Matter of the Complaint of Henry Buettner, Jr., as Owner of a 2000 27' Grady White, HIN NTLSL548B000, For Exoneration From or Limitation of Liability. (Abel, Christopher) (Main Document 3 replaced on 3/3/2022) (jpow, ). |
| Filing 2 STIPULATION (LIMITATION PLAINTIFF'S AD INTERIM STIPULATION FOR VALUE) by In the Matter of the Complaint of Henry Buettner, Jr., as Owner of a 2000 27' Grady White, HIN NTLSL548B000, For Exoneration From or Limitation of Liability. (Abel, Christopher) (Main Document 2 replaced on 3/3/2022) (jpow, ). |
| Filing 1 Complaint In Admiralty for Exoneration From or Limitation of Liability ( Filing fee $ 402, receipt number AVAEDC-8269683.), filed by In the Matter of the Complaint of Henry Buettner, Jr., as Owner of a 2000 27' Grady White, HIN NTLSL548B000, For Exoneration From or Limitation of Liability. (Attachments: #1 Exhibit 1 - Affidavit of John Middleton, #2 Civil Cover Sheet)(Abel, Christopher) (Main Document 1 replaced on 3/3/2022) (jpow, ). |
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| Plaintiff: In the Matter of the Complaint of Henry Buettner, Jr., as Owner of a 2000 27' Grady White, HIN NTLSL548B000, For Exoneration From or Limitation of Liability | |
| Represented By: | Christopher Alan Abel |
| Represented By: | Heather Renee Pearson |
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| Claimant: Jeffrey Hooker | |
| Represented By: | Bryan Scott Peeples |
| Represented By: | Thomas Saunders Berkley |
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