IN RE: STEPHEN RODRIGUE

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
IN RE: STEPHEN RODRIGUE, 	)
Owner of the recreational vessel 	)
the EMILISE, a 33-foot Grady White, )
Hull Identification #NTLEX3091718, 	)
USCG Official #1300088, 	)
her engines, tackle, apparel, 	) 	No. 2:24-cv-00433-SDN
appurtenances, fittings, etc., 	)
)
For Exoneration from 	)
and/or Limitation of Liability, 	)
)
Plaintiff 	)
ORDER DIRECTING ISSUANCE OF NOTICE AND
RESTRAINING PROSECUTION OF CLAIMS
Stephen Rodrigue, the Plaintiff and owner of the recreational vessel the
EMILISE, 	a 	33-foot 	Grady 	White, 	Hull 	Identification 	#NTLEX3091718,
USCG Official #1300088, her engines, tackle, apparel, appurtenances, fittings, etc.
(the “Vessel”), claims exoneration from or limitation of liability, as provided for in
Rule F of the Supplemental Rules of the Federal Rules of Civil Procedure and
46 U.S.C. §§ 30501-30530, for all losses, damages, injuries, or destruction allegedly
resulting from a collision involving the Vessel that occurred during a voyage
commencing and terminating on July 1, 2024, near and around Spring Point in Casco
Bay, County of Cumberland, Maine, while returning to the Vessel’s berth at Port
Harbor Marine, South Portland, Maine (the “Voyage”). See Complaint (ECF No. 1).
The Plaintiff filed an affidavit and report from a marine surveyor averring that
the Vessel’s post-collision fair market value is $253,742.24, see Affidavit of Jonathan
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Klopman (ECF No. 1-1), and a stipulation regarding security for the Plaintiff’s
interest in that value, with no pending freight, plus $1000.00 in costs, at a rate of 6%
per year from December 9, 2024, see Stipulation Regarding Security (ECF No. 1-2).
I therefore ORDER, on the Plaintiff’s motion (ECF No. 3), as follows:
1. 	The above-mentioned stipulation of security for the value of the Plaintiff’s
interest in the Vessel and costs, which provides security for the benefit of
claimants, is accepted and approved as appropriate surety and security.
2. 	Any claimant who may properly become a party hereto may contest the value
of the Plaintiff’s interest the Vessel, and its pending freight, if any, as fixed in
the above-mentioned stipulation regarding security, and may move the Court
for due appraisal of said interest and may apply to increase or diminish the
amount on determination by the Court of the value of said interest.
3. 	The Clerk’s Office shall issue a notice advising and admonishing all persons
asserting claims for any and all losses, damages, injuries, or destruction
allegedly resulting from or incident to the occurrences recited in the complaint
(the 	“Notice”) 	to 	file 	their 	respective 	claims 	with 	the 	Clerk’s 	Office,
United States District Court, 156 Federal Street, Portland, ME, 04101, on or
before January 27, 2025, and serve copies of the same on the Plaintiff’s
attorney, David S. Smith, Farrell Smith O’Connell Aarsheim Aprans LLP,
27 Congress Street, Suite 508, Salem, MA, 01970, and requiring any claimant
who desires to contest the Plaintiff’s exoneration from or limitation of liability
to file and serve an answer to the complaint, unless their claim includes one.
4. 	The Plaintiff shall publish the Notice in The Portland Press Herald (Maine)
once a week for four (4) successive weeks prior to January 27, 2025.
5. 	The Plaintiff shall mail a copy of the Notice to all known potential claimants
no later than the day of its second publication.
6. 	The commencement or further prosecution of any actions or proceedings
against the Plaintiff, his sureties, underwriters and insurers, or any of his
property, including the Vessel, with respect to any claims arising out of or
incident to any loss, damage, injury, or destruction allegedly resulting from
the collision that occurred on the Voyage, are stayed and restrained until the
determination of this proceeding for exoneration from or limitation of liability.
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7. 	This Order may be served as a Restraining Order through the United States
Post Office or by Federal Express by mailing a true and correct copy thereof
to the person(s) to be restrained or their respective attorneys.
SO ORDERED.
NOTICE
In accordance with Federal Rule of Civil Procedure 72(a), a party may
serve and file an objection to this order within fourteen (14) days after being
served with a copy thereof.
Failure to file a timely objection shall constitute a waiver of the right
to review by the District Court and to any further appeal of this order.
Dated: December 19, 2024
/s/ Karen Frink Wolf
United States Magistrate Judge
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