IN THE MATTER OF THE COMPLAINT OF REINALDO AQUIT AS OWNER OF A 2022 DEEP IMPACT, REGISTRATION NO. 4O1327056, 39’ HIN DIC39928K122, AND OTHER APPURTENANCES
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In a maritime limitation of liability proceeding, the court granted the vessel owner's motion for final default judgment against all claimants who failed to respond to proper notice of the complaint. The court found that the owner satisfied all notice requirements under Supplemental Admiralty Rule F and was therefore entitled to exoneration from liability for non-responding claimants.
The court granted the vessel owner's motion for final default judgment. Because the owner satisfied all notice requirements—including mailing to known claimants and publishing notice in a newspaper for four consecutive weeks—and the deadline for filing claims had passed with no other appearances or defenses, the owner is entitled to exoneration from liability for all non-responding potential claimants.
[1] A party seeking a default final judgment must first obtain a clerk's default against a defendant who fails to plead or otherwise defend, and then the court may enter a de…
[2] In limitation of liability actions under the Admiralty Rules, a default judgment may be entered against a potential claimant who fails to respond to the notice of complai…
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Join FLexlaw to unlock all legal intelligence“Under the Supplemental Admiralty Rules, default judgment may be entered against any potential claimant who has failed to respond to a notice of complaint for exoneration from or limitation of liability by the deadline 'provided that the notice complies with the rules and is: 1) sent to every person known to have made any claim against the vessel at issue; and 2) published in a newspaper once a week for four consecutive weeks prior to the date fixed for the filing of claims.'”
Establishes the two-part notice requirement that must be satisfied before default judgment can be entered in maritime limitation proceedings
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Join FLexlaw to unlock all legal intelligenceOn November 7, 2024, an incident occurred involving the 2022 Deep Impact vessel. The vessel owner, Reinaldo Aquit, filed a Petition for Exoneration fr…
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THIS MATTER came before the Court upon Petitioner's Renewed Motion for Entry of Final Default Judgment (the “Motion”). [ECF No. 18]. The Court has reviewed the Motion and the record and is otherwise fully advised.
On May 7, 2025, Petitioner Reinaldo Aquit (“Petitioner”), as Owner of the 2022 Deep Impact, Registration No. DO1327056,39’HIN DIC39928K122, and Appurtenances (the “Limitation Vessel”), filed a Petition/Complaint for Exoneration from or Limitation of Liability for all claims arising out of an incident that occurred on November 7, 2024. (the “Petition”). [ECF No. 1]. On May 12, 2025, the Court issued an Order Approving Petitioner's Letter of Undertaking and Directing Issuance of Monition and Injunction which required Petitioner to publish the Notice in an approved newspaper for four consecutive weeks (the “Order”). [ECF No. 6]. The same day, the Court issued the Monition and Injunction (the “Monition”). [ECF No. 7]. Both the Order and Monition require that all claimants file their claims no later than July 14, 2025. The only claimant to appear in this action and file a claim is Magaly Bea, the personal representative of the Estate of Stephanie Rodriguez. [ECF No. 8].
Pursuant to Supplemental Rule F(4) and the Court's Order, Petitioner provided notice to all known claimants in the manner prescribed by Supplemental Rule F. In addition, Petitioner
published notice to all claimants and potential claimants in compliance with Supplemental Rule F. [ECF No. 12-1]
On August 28, 2025, on Petitioner's motion, the Clerk entered a Default against all nonresponding claimants. [ECF No. 14]. Petitioner now seeks a final default judgment of exoneration of liability as to all claimants who failed to file a claim in these proceedings.
ANALYSIS
Federal Rule of Civil Procedure 55 contains a two-step process by which a party may obtain a default final judgment. Fed. R. Civ. P. 55. For any defendant that fails to plead or otherwise defend against a lawsuit, the Clerk may enter a clerk's default. Fed. R. Civ. P. 55(a). Thereafter, unless the defendant is an infant or an incompetent person, the court may enter a default judgment against that defendant. Fed. R. Civ. P. 55(b). Courts follow this same procedure in cases under the Limitation of Liability Act. See In re Cramer, No. 20-cv-10041-JEM, 2021 WL 724180, at *1 (S.D. Fla. January 19, 2021).
Under the Supplemental Admiralty Rules, default judgment may be entered against any potential claimant who has failed to respond to a notice of complaint for exoneration from or limitation of liability by the deadline “provided that the notice complies with the rules and is: 1) sent to every person known to have made any claim against the vessel at issue; and 2) published in a newspaper once a week for four consecutive weeks prior to the date fixed for the filing of claims." In re Albergo, No. 17-cv-61281, 2017 WL 9362584, at *2 (S.D. Fla. Oct. 3, 2017) (quoting In re Wild Florida Airboats, LLC, No. 16-cv-2207-Orl-31GJK, 2017 WL 3891777, at *2- 3 (M.D. Fla. Aug. 29, 2017), report and recommendation adopted, 2017 WL 3877598 (M.D. Fla. Sept. 5, 2017)).
Here, the Court required claimants to file their claims no later than July 14, 2025. [ECF No. 7]. Petitioner then published the Notice for four consecutive weeks in the Keys Weekly Newspaper. [ECF No. 17-1]. In doing so, Petitioner satisfied the notice publication requirements of Rule F(4). Petitioner also mailed the notice to all known claimants and, indeed, Magaly Bea, as the Personal Representative of the Estate of Stephanie Rodriguez, timely filed a Claim.
The deadline to file a claim in these proceedings has passed, and no interested party other than Magaly Bea has filed a claim or made an appearance to defend against the Petition in the instant action. Under these circumstances, Petitioner is entitled to a default judgment of exoneration from liability for all potential claimants who have not appeared and/or filed a claim arising out of the November 7, 2024, incident.
Based upon the foregoing, it is:
ORDERED and ADJUDGED that Petitioner's Renewed Motion for Entry of Final Default Judgment, [ECF No. 18], is GRANTED. The Court will enter a separate final default judgment.
DONE AND ORDERED in Chambers at Miami, Florida, this 3rd day of November 2025.