Williams Sports Rentals, Inc. v. Ski Run Boat Numbered SR57

Opinion

B. OTIS FELDER (CSB No. 177628) CSB Certified Admiralty & Maritime Law Specialist Email: Otis.Felder@wilsonelser.com WILSON, ELSER, MOSKOWITZ, 525 Market Street, 17th Floor San Francisco, CA 94105-2725 Telephone: (415) 433-0990 Facsimile: (415) 434-1370

Attorneys for Petitioner, Cross-Defendant & Counter-Claimant WILLIAMS SPORTS RENTALS, INC. dba SKI RUN BOAT COMPANY

IN RE: COMPLAINT AND PETITION ) Case No. 2:21-cv-01067-DJC-CKD OF WILLIAMS SPORTS RENTALS, ) INC. doing business as SKI RUN ) Hon. Daniel J. Calabretta BOAT COMPANY, as Owner of a ) certain SKI BOAT SR #57 FOR ) THIRD AMENDED STIPULATION EXONERATION FROM OR ) FOR ORDER DISMISSING ALL LIMITATION OF LIABILITY ) CLAIMS BY ALL PARTIES, WITH ) PREJUDICE, DISMISSAL OF ALL ________________________________ ) PENDING PROCEEDINGS, AND ) FOR ORDER AND JUDGMENT OF ) )

COME NOW Petitioner, Cross-Defendant & Counter-Claimant WILLIAMS SPORTS RENTALS, INC. dba Ski Run Boat Company (“WSR”), Claimant CHASTITY NEFZGER, Claimant ARIANA NEFZGER, Claimant and Counter- Defendant JAMES DALE WILBURN, and Claimant and Counter-Defendant AMANDA WILBURN, through their counsel of record, and hereby stipulate, pursuant to Fed. R. Civ. P. 41(a)(2) & 54(b) and L.R. 137, 143 & 160 as follows: Claimants CHASTITY NEFZGER and ARIANA NEFZGER, pursuant to Fed. R. Civ. P. 41(a)(2), and all other parties, hereby stipulate to the dismissal of their Claim(s) and Third Party Complaint (ECF No. 11) against WSR, JAMES DALE WILBURN, AMANDA WILBURN, and DOES 1-50, with prejudice, each side to bear its own costs and fees; Claimant JAMES DALE WILBURN, pursuant to Fed. R. Civ. P. 41(a)(2), and all other parties, hereby stipulate to the dismissal of his Claim(s) (ECF No. 12) against WSR, with prejudice, each side to bear its own costs and fees; Claimant AMANDA WILBURN, pursuant to Fed. R. Civ. P. 41(a)(2), and al other parties, hereby stipulate to the dismissal of her Cross-Claim(s) (ECF No. 14) against WSR, with prejudice, each side to bear its own costs and fees; Counter-Claimant WSR, pursuant to Fed. R. Civ. P. 41(a)(2), and all other parties, hereby stipulate to the dismissal of its Counter Claim (ECF No. 15) against JAMES WILBURN and AMANDA WILBURN, with prejudice, each side to bear ) its own costs and fees, and pursuant to L.R. 160(a), withdraws its motion for summary judgment (ECF No. 20) seeking interim relief as being resolved by agreement outside of the Court; and Claimants CHASTITY NEFZGER, ARIANA NEFZGER, JAMES DALE WILBURN, and AMANDA WILBURN, having dismissed, with prejudice, all claims, counterclaims, cross claims, however styled or presented, against Petitioner WSR, all parties further stipulate, pursuant to Complaint of Am. President Lines, Ltd., 1980 AMC 1872 (N.D. Cal. April 7, 1980), Zn the Matter of Hechinger, 890 F. 2d 202, 207 (9th Cir., 1967), In re Trawler Snoopy Inc., 268 F. Supp. 951, 953 (D. Me 1967), to the following Order that the Court exonerate Petitioner WSR with judgment dismissing this action. Dated: Nov. 5, 2023 So stipulated. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP x py: 0 Abo B. Otis Felder “Attorneys for WILLIAMS SPORTS RENTALS, INC. dba SKI RUN BOAT

Dated: Nov. 6, 2023 So stipulated. KELLY & SCHOENBERGER By: /s/ Valerie N. Rose Valerie N. Rose Esq. Attorneys for CHASTITY NEFZGER & ARIANA NEFZGER Dated: Nov. 6, 2023 So stipulated.

By: /s/ Christopher J. Beeman Christopher J. Beeman, Esq. Attorneys for JAMES WILBURN Dated: Nov. 6, 2023 So stipulated.

By: /s/ Gregory L. Spallas Gregory L. Spallas, Esq. Attorneys for

/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / Further to the above-referenced stipulation of the parties and L.R. 160(a), the pending motion for summary judgment by WSR (ECF No. 20) is withdrawn as the interim relief sought has been resolved by agreement outside of the Court; and Further to the above-referenced stipulation of the parties and Fed. R. Civ. P. 41(a)(2), all claims by Counter-Claimant WSR in its Counter Claim (ECF No. 15) against JAMES WILBURN and AMANDA WILBURN, are dismissed with prejudice, each side to bear its own costs and fees; and Further to the above-stipulation signed by counsel for all the parties in the litigation and Fed. R. Civ. P. 41(a)(2) (see also City of Jacksonville v. Jacksonville Hosp. Holdings, L.P., 82 F.4th 1031, 2023 WL 5944193, at *3-4 (11th Cir. 2023) (stipulation for dismissal under Rule 41(a)(1) needs to be signed by counsel for all parties to the litigation); Baines v. City of Atlanta, 2023 U.S. App. LEXIS 28796, 2023 WL 7151188*7 (11th Cir. Oct. 31, 2023)(same)); all claims by Claimants CHASTITY NEFZGER and ARIANA NEFZGER, as provided in their pleading (ECF No. 11), all claims by JAMES DALE WILBURN as provided in his pleading (ECF No. 12), and all claims by Claimant AMANDA WILBURN in her pleading (ECF No. 14) against WSR, as well as any others, are DISMISSED with prejudice, each side to bear their own fees and costs. Accordingly, as provided by the foregoing stipulation of the parties and pursuant to Fed. R. Civ. P. 54(b), where there are no longer any claims pending against Petitioner and Plaintiff-in-Limitation WSR, it is entitled to a decree of exoneration. See Complaint of Am. President Lines, Ltd., 1980 A.M.C. 1872 (N.D. Cal. Apr. 7, 1980) (court entered final judgment exonerating plaintiff-in-limitation from liability after all claims had been compromised); In the Matter of Hechinger, 890 F. 2d 202, 207 (9th Cir., 1967); 7A West’s Fed. Forms, Admiralty §§ 12166 & 12168 (4th ed.); In re Trawler Snoopy Inc., 268 F. Supp. 951, 953 (D. Me 1967) (“If there is no need to consider the claim to limitation.”); see also WSR v. Willis et al., Case No. 2:17-cv-00653-KJM-JDP, Order Exonerating WSR (ECF No. 77), rev’d on other grounds; In re S/V Miss Behavin, 2:19-cv-03873-PA-JPR, Judgment Exonerating Owner (ECF No. 43); In Re Seven Eight Charters LLC, 8:22-cv-02017- FWS-DFM, Order Granting Exoneration (ECF No. 26). Accordingly, the Court dismisses these proceedings and directs the parties to file a joint proposed judgment exonerating WSR within fourteen (14) days.

Dated: December 19, 2023 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA UNITED STATES DISTRICT JUDGE