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

1 B. OTIS FELDER (CSB No. 177628) CSB Certified Admiralty & Maritime Law Specialist 2 Email: Otis.Felder@wilsonelser.com WILSON, ELSER, MOSKOWITZ, 3 EDELMAN & DICKER LLP 525 Market Street, 17th Floor 4 San Francisco, CA 94105-2725 Telephone: (415) 433-0990 5 Facsimile: (415) 434-1370 6 Attorneys for Petitioner, Cross-Defendant & Counter-Claimant WILLIAMS SPORTS RENTALS, INC. 7 dba SKI RUN BOAT COMPANY 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 IN ADMIRALTY 11 IN RE: COMPLAINT AND PETITION ) Case No. 2:21-cv-01067-DJC-CKD OF WILLIAMS SPORTS RENTALS, ) 12 INC. doing business as SKI RUN ) Hon. Daniel J. Calabretta BOAT COMPANY, as Owner of a ) 13 certain SKI BOAT SR #57 FOR ) THIRD AMENDED STIPULATION EXONERATION FROM OR ) FOR ORDER DISMISSING ALL 14 LIMITATION OF LIABILITY ) CLAIMS BY ALL PARTIES, WITH ) PREJUDICE, DISMISSAL OF ALL 15 ________________________________ ) PENDING PROCEEDINGS, AND ) FOR ORDER AND JUDGMENT OF 16 AND RELATED MATTERS ) EXONERATION ) 17 ) 18 COME NOW Petitioner, Cross-Defendant & Counter-Claimant WILLIAMS 19 SPORTS RENTALS, INC. dba Ski Run Boat Company (“WSR”), Claimant 20 CHASTITY NEFZGER, Claimant ARIANA NEFZGER, Claimant and Counter21 Defendant JAMES DALE WILBURN, and Claimant and Counter-Defendant 22 AMANDA WILBURN, through their counsel of record, and hereby stipulate, 23 pursuant to Fed. R. Civ. P. 41(a)(2) & 54(b) and L.R. 137, 143 & 160 as follows: 24 Claimants CHASTITY NEFZGER and ARIANA NEFZGER, pursuant to 25 Fed. R. Civ. P. 41(a)(2), and all other parties, hereby stipulate to the dismissal of 26 their Claim(s) and Third Party Complaint (ECF No. 11) against WSR, JAMES 27 DALE WILBURN, AMANDA WILBURN, and DOES 1-50, with prejudice, each side to bear its own costs and fees; 1 Claimant JAMES DALE WILBURN, pursuant to Fed. R. Civ. P. 41(a)(2), 2 || and all other parties, hereby stipulate to the dismissal of his Claim(s) (ECF No. 12) 3 ||against WSR, with prejudice, each side to bear its own costs and fees; 4 Claimant AMANDA WILBURN, pursuant to Fed. R. Civ. P. 41(a)(2), and al 5 || other parties, hereby stipulate to the dismissal of her Cross-Claim(s) (ECF No. 14) 6 ||against WSR, with prejudice, each side to bear its own costs and fees; 7 Counter-Claimant WSR, pursuant to Fed. R. Civ. P. 41(a)(2), and all other 8 || parties, hereby stipulate to the dismissal of its Counter Claim (ECF No. 15) against 9 || JAMES WILBURN and AMANDA WILBURN, with prejudice, each side to bear 10 |) its own costs and fees, and pursuant to L.R. 160(a), withdraws its motion for 11 ||summary judgment (ECF No. 20) seeking interim relief as being resolved by 12 || agreement outside of the Court; and 13 Claimants CHASTITY NEFZGER, ARIANA NEFZGER, JAMES DALE 14 || WILBURN, and AMANDA WILBURN, having dismissed, with prejudice, all 15 || claims, counterclaims, cross claims, however styled or presented, against Petitioner 16 || WSR, all parties further stipulate, pursuant to Complaint of Am. President Lines, 17 || Ltd., 1980 AMC 1872 (N.D. Cal. April 7, 1980), Zn the Matter of Hechinger, 890 F. 18 || 2d 202, 207 (9th Cir., 1967), In re Trawler Snoopy Inc., 268 F. Supp. 951, 953 (D. 19 ||Me 1967), to the following Order that the Court exonerate Petitioner WSR with 20 || judgment dismissing this action. 21 Dated: Nov. 5, 2023 So stipulated. WILSON, ELSER, MOSKOWITZ, 23 EDELMAN & DICKER LLP x py: 0 Abo 25 B. Otis Felder 26 “Attorneys for WILLIAMS SPORTS RENTALS, INC. dba SKI RUN BOAT 27 COMPANY [1] Dated: Nov. 6, 2023 So stipulated. [2] 3 WALKUP, MELODIA, KELLY & SCHOENBERGER [4] 5 By: /s/ Valerie N. Rose Valerie N. Rose Esq. 6 Attorneys for CHASTITY NEFZGER & ARIANA NEFZGER [7] Dated: Nov. 6, 2023 So stipulated. [8] 9 CLAPP MARONEY [10] By: /s/ Christopher J. Beeman 11 Christopher J. Beeman, Esq. Attorneys for JAMES WILBURN [12] Dated: Nov. 6, 2023 So stipulated. [13] 14 PHILIPS SPALLAS & AGSTADT [15] By: /s/ Gregory L. Spallas 16 Gregory L. Spallas, Esq. Attorneys for 17 AMANDA WILBURN [18] / / / [19] / / / [20] / / / [21] / / / [22] / / / [23] / / / [24] / / / [25] / / / [26] / / / [27] / / / 1 ORDER 2 Further to the above-referenced stipulation of the parties and L.R. 160(a), the 3 pending motion for summary judgment by WSR (ECF No. 20) is withdrawn as the 4 interim relief sought has been resolved by agreement outside of the Court; and 5 Further to the above-referenced stipulation of the parties and Fed. R. Civ. P. 6 41(a)(2), all claims by Counter-Claimant WSR in its Counter Claim (ECF No. 15) 7 against JAMES WILBURN and AMANDA WILBURN, are dismissed with 8 prejudice, each side to bear its own costs and fees; and 9 Further to the above-stipulation signed by counsel for all the parties in the 10 litigation and Fed. R. Civ. P. 41(a)(2) (see also City of Jacksonville v. Jacksonville 11 Hosp. Holdings, L.P., 82 F.4th 1031 , 2023 WL 5944193 , at *3-4 (11th Cir. 2023) 12 (stipulation for dismissal under Rule 41(a)(1) needs to be signed by counsel for all 13 parties to the litigation); Baines v. City of Atlanta, 2023 U.S. App. LEXIS 28796 , [14] 2023 WL 7151188 *7 (11th Cir. Oct. 31, 2023)(same)); all claims by Claimants 15 CHASTITY NEFZGER and ARIANA NEFZGER, as provided in their pleading 16 (ECF No. 11), all claims by JAMES DALE WILBURN as provided in his pleading 17 (ECF No. 12), and all claims by Claimant AMANDA WILBURN in her pleading 18 (ECF No. 14) against WSR, as well as any others, are DISMISSED with prejudice, 19 each side to bear their own fees and costs. 20 Accordingly, as provided by the foregoing stipulation of the parties and 21 pursuant to Fed. R. Civ. P. 54(b), where there are no longer any claims pending 22 against Petitioner and Plaintiff-in-Limitation WSR, it is entitled to a decree of 23 exoneration. See Complaint of Am. President Lines, Ltd., 1980 A.M.C. 1872 (N.D. 24 Cal. Apr. 7, 1980) (court entered final judgment exonerating plaintiff-in-limitation 25 from liability after all claims had been compromised); In the Matter of Hechinger, [26] 890 F. 2d 202 , 207 (9th Cir., 1967); 7A West’s Fed. Forms, Admiralty §§ 12166 & 27 12168 (4th ed.); In re Trawler Snoopy Inc., 268 F. Supp. 951, 953 (D. Me 1967) (“If 1 there is no need to consider the claim to limitation.”); see also WSR v. Willis et al., 2 Case No. 2:17-cv-00653-KJM-JDP, Order Exonerating WSR (ECF No. 77), rev’d on 3 other grounds; In re S/V Miss Behavin, 2:19-cv-03873-PA-JPR, Judgment 4 Exonerating Owner (ECF No. 43); In Re Seven Eight Charters LLC, 8:22-cv-020175 FWS-DFM, Order Granting Exoneration (ECF No. 26). Accordingly, the Court 6 dismisses these proceedings and directs the parties to file a joint proposed judgment 7 exonerating WSR within fourteen (14) days. 8 IT IS SO ORDERED. [9] 10 Dated: December 19, 2023 /s/ Daniel J. Calabretta 11 THE HONORABLE DANIEL J. CALABRETTA UNITED STATES DISTRICT JUDGE