FREEDOM MARINE SALES, LLC
v.
SANDOVAL

M.D. Fla. | 2023-10-25
No. 2:23-cv-905
2023 WL 5104895 District Court, M.D. Florida (2023) Positive Treatment
Cited by 5 cases

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Holding

The court denied the petitioner's motions because the ad interim stipulation was deficient in its language regarding security.

Facts & Procedural History

Petitioner, owner of a pontoon boat involved in a maritime accident causing injury, sought to approve a stipulation, issue notice, and obtain an injun…

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Topics
Ad Interim Stipulation Letter Of Undertaking Monition Limitation Of Liability Act

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Opinion of the Court

as titled owner, and Freedom Boat Club, LLC, as owner pro hac vice of and for the M/V “Hopma On Board”, a 22 Godfrey 2286 Pontoon Boat, hull identification number GDY65231B222, her engines, tackle and appurtenances,

Petitioner. Case No.: 2:23-cv-905-JLB-KCD /

ORDER

Before the Court is Petitioner’s Motion for Entry of Order Approving Ad Interim Stipulation and Directing Issuance of Monition and Injunction (Doc. 4), and Petitioner’s Motion Directing Court to Issue Notice of Petition (Doc. 5). Petitioner is the owner of a 2022 Godfrey 2286 pontoon boat (the “Vessel”), that was involved in a maritime accident on April 22, 2023, in the navigable waters near Sanibel, Florida. (Doc. 1.) According to the pleadings, passenger Nadya Sandoval was injured when the Vessel was anchored and running. (Id.) Petitioner now asks that the Court to (1) approve the ad interim stipulation (Doc. 2); (2) issue a monition and notice to all potential claimants; and (3) impose an injunction under Supplemental Rule F precluding the further prosecution of any proceedings against Petitioner arising from any claims subject to limitation.

The motions can be denied in short order because the ad interim stipulation is deficient. This shouldn’t come as a surprise because the language of the stipulation—that Petitioner will issue a letter of undertaking or deposit a surety bond following a demand by the claimant (Doc. 2 at 2)—mirrors the language rejected by Judge Tuite in a Tampa case filed by the same counsel as here. See In re Mongelli, No. 8:23-cv-1618-TPB-CPT, 2023 WL 5104895, at *2- 3 (M.D. Fla. Aug. 9, 2023). For the same reasons found by Judge Tuite, the ad interim stipulation (Doc. 2) is rejected.1

Accordingly, Petitioner’s Motion for Entry of Order Approving Ad Interim Stipulation and Directing Issuance of Monition and Injunction (Doc. 4), and Petitioner’s Motion Directing Court to Issue Notice of Petition (Doc. 5) are DENIED WITHOUT PREJUDICE. Petitioner may refile the motions and supporting documents to cure the deficiencies in a similar fashion to those ultimately approved in the Tampa case. ORDERED in Fort Myers, Florida this October 25, 2023.

Footnotes
1 Petitioner did attach an “Affidavit of Value” from Harbor & Ocean Service Inc. to the Complaint. (Doc. 1-1.) The affidavit states that the value of the vessel is $32,000. (Doc. 1-1.) Yet the ad interim stipulation makes no mention of the affidavit, stating only that Petitioner will deposit a surety bond in the Court registry after the entry of an order confirming the report of a commissioner to be appointed to appraise the Vessel. (Doc. 2 at 2.) The affidavit and the stipulation don’t seem to go together, nor does the motion for approval discuss the affidavit. 7 Le C. Dudek United States Magistrate Judge Copies: All Parties of Record

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Freedom Marine Sales, LLC v. Sandoval, 2023 WL 5104895 (M.D. Fla. 2023)
    …ll issue a letter of undertaking or deposit a surety bond following a demand by the claimant (Doc. 2 at 2)—mirrors the language rejected by Judge Tuite in a Tampa case filed by the same counsel as here. See In re Mongelli, No. 8:23-cv-1618-TPB-CPT, 2023 WL 5104895, at *2- 3 (M.D. Fla. Aug. 9, 2023). For the same reasons found by Judge Tuite, the ad interim stipulation (Doc. 2) is rejected.1 Accordingly, Petitioner’s Motion for Entry of Order Approving Ad Interim Stipulation and Directing Issuance of…
  • Everglades Airboat Mgmt., LLC v. Unknown (M.D. Fla. 2025)
    …or an alternative “approved security." 46 U.S.C. § 30529(b)(1)(A); Fed. R. Civ. P. Supp. F(1). "The posting of proper and adequate security is a condition precedent to obtaining the benefits of the Act[.]" In re Mongelli, No. 8:23-cv-1618-TPB- CPT, 2023 WL 5104895, *1 (M.D. Fla. Aug. 9, 2023) (internal citations omitted); 46 U.S.C. § 30529(c). “Ultimately, the court possesses great discretion in determining just what constitutes appropriate security." In re Petition of Paradise Fam., LLC, No. 8:24-cv-1161-KKM…
  • Bextermueller (M.D. Fla. 2024)
    …or an alternative “approved security." 46 U.S.C. § 30529(b)(1)(A); Fed. R. Civ. P. Supp. F(1). "The posting of proper and adequate security is a condition precedent to obtaining the benefits of the Act[.]" In re Mongelli, No. 8:23-cv-1618-TPB- CPT, 2023 WL 5104895, *1 (M.D. Fla. Aug. 9, 2023) (internal citations omitted); 46 U.S.C. § 30529(c). “Ultimately, the court possesses great discretion in determining just what constitutes appropriate security." In re Petition of Paradise Fam., LLC, No. 8:24-cv-1161-KKM…

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