In re Catalina Cruises, Inc.

Good Law
930 F. Supp. 1384·1996 WL 391436·1996 U.S. Dist. LEXIS 9938
United States District Court, Central District of CaliforniaJune 27, 1996No. CV 94-5444 AAH (JGx)California7,448 words

Opinion

lead Opinion

Hauk, J.

OPINION, DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

Introduction

This action is brought by Petitioner, Catalina Cruises, pursuant to the Limitation of Liability Act, 46 U.S.C. § 181 et seq. and Federal Rules of Civil Procedure Supplemental Rúle F for Certain Admiralty and Maritime Claims. Under the Limitation of Liability Act (the “Act”) and Rule F, a shipowner facing liability to someone arising out of alleged negligence during a voyage may petition the court “for exoneration from liability or limitation of liability to the value of the ship itself.” Matter of Hechinger, 890 F.2d 202 , 206 (9th Cir.1989). The court may then enjoin Claimants from filing individual suits and require them to file all claims in the limitation proceeding. Id. The court then *1386 determines whether the shipowner is hable to any of the Claimants and, if so, whether liability is limited to the value of the vessel. Id.

The shipowner in this case has posted a $900,000 bond, the value of the vessel. This Court, after bifurcating the issues, proceeded to a non-jury trial on the issue of liability vel non, reserving the issue of damages for a separate non-jury trial. Now the Court, in this…

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