IN RE: OK Sportfishing, LLC, et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
In the matter of OK SPORTFISHING,
LLC, et al, as owners of the Motor Yacht
TODO BIEN, praying for exoneration from
or limitation of liability
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CIVIL ACTION NO. 2:25-CV-00010
(consolidated with 2:25-cv-125)
ORDER ON MEMORANDUM AND RECOMMENDATION
Before the Court is Petitioners OK Sportfishing, LLC and Dr. Paul A. Kennedy,
III’s opposed motion for entry of defaults (D.E. 19) and unopposed motion to defer ruling
on that motion (D.E. 27). On January 20, 2026, United States Magistrate Judge Jason B.
Libby issued his Memorandum and Recommendation (M&R), recommending that the
Court grant the motion for entry of defaults and deny as moot the motion to defer ruling.
D.E. 38.
Both parties were provided proper notice of, and opportunity to object to, the
Magistrate Judge’s M&R. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1); General Order No.
2002-13. Eagle San Antonio Interests (ESA) timely filed their objections on February 3,
2026. D.E. 39. They object, arguing that legitimate concerns regarding apportionment of
fault in this case weigh in favor of deferring a ruling on the motion for entry of defaults.
Id. at 3. Most notably, ESA represents to the Court that they have made substantial progress
toward settlement, which they fear may be thwarted by the grant of default judgment. Id.
United States District Court
Southern District of Texas
ENTERED
February 11, 2026
Nathan Ochsner, Clerk
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Given these concerns, and the fact that Petitioners themselves moved to defer a
ruling on their default motion, the Court SUSTAINS ESA’s objection regarding the denial
of the motion to defer. D.E. 39, p. 3. The Court thus REJECTS IN PART the M&R (D.E.
38) to the extent that it recommends denying the motion to defer. The Court GRANTS the
motion to defer (D.E. 27), deferring its ruling on the motion for entry of defaults (D.E. 19)
until March 15, 2026. At that time, the Court will consider the default motion and the
remaining portions of the M&R. The parties are advised to apprise the Court
immediately of any settlement.
ORDERED on February 11, 2026.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE
Case 2:25-cv-00010 Document 40 Filed 02/11/26 in TXSD Page 2 of 2