W00000000 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA IN RE: THE MATTER OF LA CARRIERS, LLC, AS OWNER AND OPERATOR OF THE M/V LADY TEREA, PETITIONING FOR EXONERATION FROM OR …

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

IN RE: THE MATTER OF LA CARRIERS, LLC, AS OWNER AND OPERATOR OF THE M/V LADY TEREA, PETITIONING FOR EXONERATION FROM OR LIMITATION OF LIABILITY

CIVIL ACTION NO.: 22-02443 SECTION: H (2)

JUDGE JUDGE JANE TRICHE MILAZZO

MAGISTRATE JUDGE DONNA PHILLIPS CURRAULT

ADMIRALTY - RULE 9(H)

ORDER DIRECTING ISSUANCE OF

NOTICE AND RESTRAINING PROSECUTION OF CLAIMS

LA Carriers, LLC, as owner of the M/V LADY TEREA (hereinafter "the Vessel") has filed a Complaint for Exoneration from or Limitation of Liability, pursuant to 46 U.S.C. §§ 30501, et seq. and Rule F of the Supplemental Rules for Admiralty or Maritime Claims of the Federal Rules of Civil Procedure, for any and all loss of life, injury, loss of property, destruction, or damage, arising out of the incident, which occurred on or around July 28, 20221, all as is more fully described in Limitation Petitioner's Complaint For Exoneration From or Limitation of Liability ("Complaint") (R. Doc. 1) filed herein;

WHEREAS, the Complaint having stated that the value of the Vessel immediately after the incident and at the end of said Voyage did not exceed ONE MILLION THREE HUNDRED AND FIFTY THOUSAND DOLLARS AND NO/100 ($1,350,000.00) U.S. DOLLARS, as set forth in the Complaint;

1 The date of loss was inadvertently referred to as July 29, 2022 in R. Doc. 1.

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WHEREAS, Limitation Petitioner has filed and submitted An Ad Interim Stipulation, Bond and Letter of Undertaking, constituting approved security in the value of the Vessel and its pending freight, all as required by the rules of this Court, the Limitation Act, Supplemental Rule F, and the General Maritime Law;

NOW, THEREFORE, on the motion of counsel for Limitation Petitioner, LA Carriers, LLC: IT IS ORDERED as follows:

1) That the Ad Interim Stipulation, Bond and Letter of Undertaking submitted by LA Carriers, LLC and its underwriters totaling the amount of ONE MILLION THREE HUNDRED AND FIFTY THOUSAND DOLLARS AND NO/100 ($1,350,000.00) U.S. DOLLARS with interest, be accepted as security under Supplemental Admiralty Rule F(1) for the purpose of this Limitation proceeding and that it be hereby approved as to form, quantum and surety;

2) That the Court, upon demand and/or motion supported by appropriate evidence, shall cause due appraisement of such value and may thereupon order the said security increased or reduced if it finds the amount thereof insufficient or excessive; and, upon demand, the Court may similarly order such increase or reduction if it finds that such an order is necessary to carry out the provisions of 46 U.S.C. § 30505, as amended.

3) That a notice shall be issued by the Clerk of Court to all persons asserting claims with respect to which the Complaint seeks exoneration or limitation, admonishing them to file their respective claims with the Clerk of this Court in writing, and to serve on counsel for LA Carriers, LLC, a copy thereof on or before the 3rd day of November, 2022, or be forever and permanently defaulted, and that if any claimant desires to contest either the right to exoneration from or the right to limitation of liability, that claimant shall file and serve on counsel for LA Carriers, LLC, an answer to the Complaint on or before the said date, unless the claim has included an answer to the Complaint, so designated, or be defaulted.

4) That the aforesaid notice shall be published by LA Carriers, LLC in the New Orleans Advocate once a week for four successive weeks prior to the date fixed for the filing of claims, as provided by the aforesaid Rule F; and copies of the notice shall also be mailed in accordance with the said Rule F.

5) The further prosecution of any and all actions, suits and proceedings already commenced, and the commencement or prosecution hereafter of any and all suits, actions, or proceedings of any nature and description whatsoever in any jurisdiction, and the taking of any steps and the making of any motion in such actions, suits or proceedings against LA Carriers, LLC, as aforesaid, or against the Vessel, or against any property of LA Carriers, LLC, except in this action, to recover damages for or in respect of any injury, loss or damages allegedly caused by or resulting from the aforesaid incidents that occurred on or about July 28, 2022 as is more fully

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described in the Complaint, is hereby RESTRAINED, STAYED, and ENJOINED until the hearing and final determination of this action.

6) That the service of this order as a restraining order may be made through the United States Post Office by mailing a conformed copy thereof to the person or persons to be restrained, or to their respective attorneys, or alternatively, delivered by hand.

Signed this 5th day of August, 2022.

UNITED STATES DISTRICT JUDGE JANE

TRICHE MILAZZO

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Case 2:22-cv-02443-JTM-DPC Document 6-1 Filed 08/05/22 Page 1 of 2

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

IN RE: THE MATTER OF LA CARRIERS, LLC, AS OWNER AND OPERATOR OF THE M/V LADY TEREA, PETITIONING FOR EXONERATION FROM OR LIMITATION OF LIABILITY

CIVIL ACTION NO.: 22-02443 SECTION: H (2)

JUDGE JUDGE JANE TRICHE MILAZZO

MAGISTRATE JUDGE DONNA PHILLIPS CURRAULT

ADMIRALTY - RULE 9(H)

NOTICE TO CLAIMANTS OF

COMPLAINT FOR EXONERATION FROM OR LIMITATION OF LIABILITY NOTICE IS HEREBY GIVEN that LA Carriers, LLC, as owner of the M/V LADY TEREA, her engines, tackle, gear, furniture, appurtenances, etc. (hereinafter the "Vessel"), has filed a Complaint, pursuant to 46 U.S.C. §§ 30501, et seq., for exoneration from or limitation of liability for all claims for any and all loss of life, injury, loss of property, destruction, or damage, arising out of or related to the Incident occurring on July 28, 20221 allegedly involving the M/V LADY TEREA, the F/V HUMPTY DUMPTY and/or the F/V ELI's INHERITANCE, which allegedly occurred in the Gulf of Mexico near the coast of Apalachicola, Florida, all as is more fully described in LA Carriers, LLC's Complaint For Exoneration From or Limitation of Liability ("Complaint") (R. Doc. 1).

All persons having such claims must file their respective claims, as provided in Rule F of the Supplemental Rules for Admiralty or Maritime Claims of the Federal Rules of Civil Procedure, with the Clerk of Court for the Eastern District of Louisiana, Carol L. Michel, United States

1 R. Doc. 1 inadvertently listed this date as July 29, 2022.

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Courthouse, 500 Poydras Street, Room C151, New Orleans, LA 70130, and must serve a copy thereof on counsel for Limitation Petitioner, Jefferson R. Tillery and Tarak Anada of the firm of

Jones Walker LLP, 201 St. Charles Ave., 47th Floor, New Orleans, LA 70170 on or before the November 3rd day of November, 2022, or be defaulted.

If any claimant desires to contest either the right to exoneration from or the right to limitation of liability, that claimant shall file and serve on counsel for the Limitation Petitioner an answer to the Complaint on or before the aforesaid date unless the claim has included an answer, so designated, or be defaulted.

Personal attendance is not required.

DONE this 5th day of August, 2022, in New Orleans, Louisiana.

CLERK OF COURT

Aug 05 2022

PETITIONER TO PUBLISH:

Once a week for four successive weeks prior to the date fixed for filing of claims in the New Orleans Advocate

For the Eastern District of Louisiana

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Publish Dates: August 18, 25 September 1 & 8, 2022

Publication Dates

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