In Re Complaint and Petition of Brian Mackey

Opinion

Case No.: 3:23-cv-00337-JAH-MSB IN RE: COMPLAINT AND PETITION

ORDER DENYING REQUESTS A CERTAIN 1990 TRIUMPH BOATS 150, 18 FOR EXONERATION FROM

(ECF Nos. 2, 3, 4) Petitioner Brian Mackey (“Petitioner”) has filed a Complaint on February 21, 2023, pursuant to 46 U.S.C. § 30501 et seq., and Supplemental Admiralty Rule F, claiming the right to exoneration from, or limitation of liability for, all claims arising out of a claimed incident occurring on or about May 21, 2022, on the Colorado River north of the I-10 overpass involving a certain 1990 TRIUMPH BOATS 150, 18 involving H.N. (“Decedent”)1. Petitioner was the owner of the Vessel involved in the May 21, 2022, incident. Petitioner also seeks a Monition, (ECF No. 2), and an ad interim stipulation of 1 On information and belief Decedent was a minor at the time of her death and the value of the vessel,” (ECF No. 3), and motion requesting an issuance of notice of filing for exoneration from or limitation of liability, (ECF No. 4). Petitioner has submitted three proposed orders without any accompanying motions or applications supporting his requests. As such, the Court is unable to determine the appropriateness of the requests. Accordingly, IT IS HEREBY ORDERED Petitioner’s proposed orders are denied without prejudice. DATED: March 16, 2023 VU J A. HOUSTON NITED STATES DISTRICT JUDGE || Although security is required in order to commence a limitation of liability action, the Supreme Court has approved of alternatives to depositing the funds or transferring the vessel interest by allowing a plaintiff to stipulate to the value of the vessel. See, e.g., Hartford Acc. & Indem. Co. of Hartford v. S. Pac. Co., 273 U.S. 207, 218-19 (1927). The Ninth Circuit has held that a stipulation coupled with a letter of undertaking from an insurer is sufficient security. Petitioner’s request regarding the stipulation of value does not include a letter of undertaking from Petitioner’s insurer. sy