4:25-cv-04062•In re: LSV Mallard
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In Re Ro Boats, LLC, Rec Marine Logistics, LLC, and GOL, LLC, as Owners and/or Owners Pro Hac Vice and/or Operators/Managers of the LSV Mallard, praying for Exoneration from or Limitation of Liability § § § § § § § § § Civil Action No. 4:25-cv-04062 MEMORANDUM AND RECOMMENDATION Limitation petitioners Ro Boats, LLC, Rec Marine Logistics, LLC, and GOL, LLC (“Petitioners”) filed an unopposed motion for entry of default against all parties, including but not limited to Scorpio Commercial Management, S.A.M. (“Scorpio”), who have not filed a claim in this limitation proceeding. Dkt. 28. Their motion should be granted. On August 27, 2025, Petitioners filed their complaint for exoneration and/or limitation of liability. Dkt. 1. On October 1, 2025, the Court issued an Order approving the affidavit of value, directing issuance of notice to potential claimants, and enjoining the prosecution of any claims against Petitioners related to this case. Dkt. 7. The Court set a deadline of December 5, 2025, for any potential claimants to file their claims. Dkt. 8 at 1. That deadline has expired. United States District Court Southern District of Texas ENTERED March 26, 2026 Nathan Ochsner, Clerk Case 4:25-cv-04062 Document 34 Filed 03/26/26 in TXSD Page 1 of 3
2 In general, this Court may enter default “[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise.” Fed. R. Civ. P. 55(a). Rule F(5) of the Supplemental Admiralty and Maritime Claims requires claims to be filed and served “on or before the date specified in the notice ….” The record reflects that Petitioners duly published notice of the limitation proceeding for four successive weeks, as required by Supplemental Rule F(4), and mailed a specific notice to each known potential claimant, including Scorpio. See Dkt. 9 (Notice of filing affidavits of publication); Dkt. 28- 1 (Notice to Scorpio). The December 5, 2025 deadline for filing claims in this proceeding has long since passed. All potential claimants had an opportunity to either file a claim or seek leave to extend that deadline and file an appropriate responsive pleading. See Matter of River Constr., Inc., 2025 WL 2735647, at *5 (S.D. Tex. Aug. 25, 2025), adopted by 2025 WL 2734947 (S.D. Tex. Sept. 24, 2025). Accordingly, Petitioners have demonstrated their entitlement to entry of default against any and call claimants who have not filed and presented their claims. Their motion for entry of default should be granted. Recommendation For the foregoing reasons, it is RECOMMENDED that Petitioners’ motion for entry of default (Dkt. 28) be GRANTED, and that this Court should Case 4:25-cv-04062 Document 34 Filed 03/26/26 in TXSD Page 2 of 3
3 enter default against Scorpio Commercial Management, S.A.M. and all other claimants or potential claimants, whether known or unknown, who have not already filed claims in this limitation action. The parties have fourteen days from service of this Report and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Failure to file timely objections will preclude appellate review of factual findings and legal conclusions, except for plain error. Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 825 (5th Cir. 2015). Signed on March 26, 2026, at Houston, Texas. ______________________________ Yvonne Y. Ho United States Magistrate Judge Case 4:25-cv-04062 Document 34 Filed 03/26/26 in TXSD Page 3 of 3
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