IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

IN THE MATTER * OF THE COMPLAINT * * OF * Case No.: 1:21-cv-00001 * JOHN C. ZIMMER, * IN ADMIRALTY Owner of the BlackJack 224 Bay Boat, * Hull Identification No. K2MA50A97213, * and the Seaward 32 Sailboat, * Hull Identification No. HZK32195C313, * For exoneration from or limitation of * liability. *

ORDER This matter is before the Court on Petitioner's Rule 55 motion for entry of final default judgment against all non-filing parties. (Doc. 12). I. Background On January 5, 2021, Petitioner, as owner of the BlackJack 224 Bay Boat, Hull Identification No. K2MA50A97213 (the “BlackJack”), and the Seaward 32 Sailboat, Hull Identification No. HZK32195C3A3 (the “Seaward”), filed a Verified Complaint for Exoneration from or Limitation of Liability pursuant to the Shipowners' Limitation of Liability Act,

, and Supplemental Admiralty Rule F of the Federal Rules of Civil Procedure, for any injuries, death, damages, or losses of whatever description arising from the breakaway of the BlackJack and Seaward (“Vessels”) during Hurricane Sally on September 16, 2020. (Doc. 1). On January 13, 2021, the Court entered its Order granting interim relief. (Doc. 4). That Order required that a Notice be published in accordance with Supplemental Rule F and that Petitioner mail, not later than the day of the second publication, a copy of said Notice to every person known to have made any claim against Petitioner or the Vessels arising out the incident described in the Complaint. Said mailings and public notice were made. (Docs. 7 and 8).

Pursuant to Supplemental Rule F(4), the Court's Order gave notice to all “persons or corporations” with claims with respect to the incident involving the Vessels on September 16, 2020. (Doc. 6). The Order and Notice directed that all persons having such claims must file them as provided for in Supplemental Rule F with the Clerk of Court and serve on or mail to Petitioner’s attorney a copy thereof, on or before March 11, 2021. (Docs. 4 and 6). The deadline for receipt of Claims and Answers has expired. No Answer or Claim was filed

prior to the expiration of the deadline. On April 19, 2021, Petitioner moved for Entry of Default against all non-filing/appearing parties. (Doc. 9). On May 7, 2021, per Federal Rule of Civil Procedure 55(a), the Court granted Petitioner’s Motion and the Clerk entered a default against all non-filing parties. (Docs. 10 and 11). Petitioner moves for entry of final default judgment as to all non-filing/appearing

parties. (Doc. 12). II. Discussion Entry of a final default judgment for exoneration is proper as to potential claimants who have not responded to a newspaper publication of a court's notice to assert claims by a certain date, so long as the moving petitioners have satisfied the publishing/notice obligations. See, e.g., In re. Complaint of Freedom Marine Sales LLC,

(M.D. Fla. July 31,

2019); In re. Complaint of Heningburg,

(S.D. Ala. Oct. 22, 2019); In re. Raye, LLC,

(M.D. Fla. May 9, 2016), report and recommendation adopted

(M.D. Fla. Jun. 28, 2016); In re. Ruth,

(M.D. Fla. Aug., 23, 2016) report and recommendation adopted

(M.D. Fla. Sept. 7, 2016); In re Petition of Holliday,

(M.D. Fla.

May 26, 2015); In the Matter of Reef Innovations, Inc.,

(M.D. Fla. Jan. 6, 2012); In the Matter of X-Treme Parasail, Inc.,

(D. Haw. Sept. 12, 2011). Petitioner has complied with the publication notice requirements per Supplemental Rule F(4). (Docs. 7 and 8). The Court's Order (Doc. 4) and Publication Notice (Doc. 6) identify the consequences for failure to file claims within the time ordered, including potential default. Such

notice by publication and mail satisfies due process as to any potential claimants. The time for filing any claims against the Petitioners has expired. Entry of default judgment is proper when a party “has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise.” Fed. R. Civ. P. 55(a). As shown by the record, any parties wishing to make a claim with respect to the subject of this case had to file a claim by March 11, 2021. The deadline to file

a claim has passed. Thus, those parties – albeit unidentified/unknown – who/which have already been found to be in default, are now properly subject to entry of a default judgment against them. III. Conclusion Accordingly, it is ORDERED that the Petitioner's motion for default judgment against all non-filing/appearing parties (Doc. 12) is GRANTED such that DEFAULT JUDGMENT is entered in

favor of Petitioner and against all non-filing/appearing parties (parties that have not answered or filed claims) with regard to this case for any injuries, death, damages, or losses of whatever description arising from the breakaway of the Vessels on September 16, 2020. DONE and ORDERED this 28th day of May, 2021.

/s/ JEFFREY U. BEAVERSTOCK UNITED STATES DISTRICT JUDGE