Reported / Citable
Background
Marine Fueling Service, Inc., the owner/operator of the M/V Miss Terri, filed this maritime limitation-of-liability proceeding concerning an incident involving the vessel and Joseph Prothro in May 2024.
The company moved without opposition for default judgment against persons or entities that had not timely filed a claim, answer, or motion for leave to intervene. Magistrate Judge Christine L. Stetson recommended granting that motion. No party objected to the recommendation.
The Court’s Holding
District Judge Michael J. Truncale adopted the magistrate judge’s report and recommendation after reviewing it for clear error and finding none. The court granted Marine Fueling Service’s unopposed motion for entry of default judgment.
The court entered default judgment against all persons, firms, and entities that had not timely filed a claim concerning the May 2024 M/V Miss Terri and Joseph Prothro incident. Those nonappearing claimants are barred from filing or asserting claims or answers in this limitation proceeding or in any other proceeding concerning that incident.
Key Takeaways
- The court granted an unopposed motion for default judgment in a maritime limitation action.
- No objections were filed to the magistrate judge’s recommendation, and the district court found no clear error.
- Anyone who did not timely appear and file a claim is precluded from later asserting claims tied to the May 2024 incident.
Why It Matters
The order enforces the claims deadline in the vessel owner’s limitation proceeding and provides finality against nonappearing potential claimants. It does not resolve the merits of claims, if any, brought by parties who timely appeared.