Free Stipulation and Order - District Court of Delaware - Delaware

Case 1:07-cv-00197-JJF Document 11 Filed 07/24/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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IN THE MATTER OF COMPLAINT OF CIVIL ACTION
WILMINGTON TUG, INC. AS OWNER OF IN ADMIRALTY
"LINDSEY," A 70-FOOT 1989 TOWING VESSEL,
FOR EXONERATION FROM OR LIMITATION OF N0. 07-197-JJF
LIABILITY
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STIPULATION AND ORDER STAYING LIMITATION ACTION
Wilmington Tug, Inc. ("Petitioner") and Brian Moore ("Moore") hereby stipulate and agree
to the entry of this Order as follows:
WHEREAS Petitioner is the owner of the Tug LINDSEY and Moore claims to have
sustained injuries as a result of an incident aboard the Tug LINDSEY on or about October 30, 2003
(the "Incident"); and
WHEREAS Moore has filed actions against Petitioner in the Delaware Superior Court, New
Castle County (No. 06C-l0-305) and in the Pennsylvania Court of Common Pleas, Philadelphia
County (No. 06-I0-2073), seeking recovery for his alleged injuries; and
WHEREAS Petitioner has filed this action under the Shipowner’s Limitation Act, 46 U.S.C.
§§ 30505, 3051 1, seeking exoneration from or limitation of liability in respect of all claims arising
out of the Incident (the "Limitation Action");
NOW THEREFORE, in order to protect Petitioner’s rights under the Shipowner’s Limitation
Act and to permit Moore to pursue his claims in the state courts of Delaware or Pennsylvania, IT IS
HEREBY ORDERED, upon the consent and agreement of the parties hereto, as follows:
PBH: I902B3.I
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Case 1:07-cv-00197-JJF Document 11 Filed 07/24/2007 Page 2 of 3
1. This Court shall retain jurisdiction over this Limitation Action and shall have
exclusive jurisdiction to determine all matters concerning Petitioner‘s right to limitation of liability
and to enforce the instant Stipulation and Order.
2. Moore warrants and represents that he is the sole owner of all claims arising out of
the Incident and is the only person entitled to assert such claims against Petitioner.
3. Moore warrants and agrees (1) that the total value of all claims arising out of the
Incident does not exceed S l .2 million; (2) that in any proceeding arising out ofthe Incident he will
neither seek nor enforce any judgment or award against Petitioner in excess of S I .2 million; and (3)
that he will defend, hold harmless, and indemnify Petitioner from any and all claims, actions or
demands by any third party for any losses, damages, or expenses arising out of the Incident,
including but not limited to claims related to medical or health treatments, medical or health
insurance benefits, compensation benefits, disability benefits, or unemployment benefits.
4. Moore agrees that any proceedings in any other courts or tribunals shall have no res
judicata or other preclusive effect on, and shall not be deemed a waiver of, Petitioner’s rights in the
Limitation Action.
5. The Limitation Action shall be stayed and the security given by Petitioner shall be
dissolved without prejudice to the Court’sjurisdiction over this action, but Petitioner shall be entitled
to reopen the Limitation Action immediately if Petitioner’s right to limitation of liability becomes
contested or is otherwise impaired, if any third party asserts a claim arising out of the Incident, or
if any temi or condition of this Stipulation and Order is breached.
PHH: l902B3.l
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Case 1:07-cv-00197-JJF Document 11 Filed 07/24/2007 Page 3 of 3
ACCEPTED AND AGREED this 23rd day of`Iuly, 2007.
For Brian Moore:
SCHMITTINGER & RODRIGUEZ, P.A.
By: /s/ Scott E. Chambers
Scott E. Chambers, Esq.
Of Counsel:
By: /s/ Walter Z. Steinman
Walter Z. Steinman, Esq.
For Wilmington Tug, Inc.:
PALMER BIEZUP & HENDERSON LLP
By: fs! Michael B. McCauley
Michael B. McCauley, Esq.
SO ORDERED at Wilmington, Delaware, this day of July, 2007.
. ...’
mu; wumi
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