In the Matter of the Complaint of Michael Richardelli

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Michael E. Stern, Esq.

James E. Mercante, Esq.

Joanna M. Grillo, Esq.

GALLO VITUCCI KLAR LLP
Attorneys for Petitioner

90 Broad Street, 12th Floor

New York, NY 10004

Tel: 212-683-7100

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

IN THE MATTER OF THE COMPLAINT Civil Action No.: 25-cv-6362

- of - ORDER

MICHAEL RICHARDELLI, as Owner of a 1993
Pursuit Express Fisherman vessel named “EVENTIDE” for
Exoneration from or Limitation of Liability,

Petitioner.

A Complaint having been filed herein on November 17, 2025, by the above-named
Petitioner, MICHAEL RICHARDELLI, as Owner of a 1993 Pursuit Fisherman vessel named
“EVENTIDE", pursuant to 46 U.S.C. §§ 30501 er seq., involving admiralty and maritime
claims within the meaning of Rule 9(h) of the Federal Rules of Civil Procedure and Rule F of
the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the
Federal Rules of Civil Procedure, concerning any claims for loss, damage, and/or injury,
arising or resulting from an alleged personal injury incident claimed to have occurred on July
26, 2025, while Petitioner’s vessel was upon the navigable waters of the United States, as
more fully described in the Complaint;

AND the Complaint having stated that Petitioner’s interest in the value of the vessel,

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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on the day of the alleged incident did not exceed the sum of $24,000;
AND Petitioner has filed with the Court an Ad Interim Stipulation for value for the
benefit of any and all claimants, with surety, equal to the amount of Petitioner’s interest in the
value of the vessel, as of the date of the alleged incident, with interest at the rate of 6% per
annum from the date of said security, executed by marine insurer Progressive Northern
Insurance Company.
NOW, on motion of attorneys for Petitioner, it is hereby:
ORDERED that the above-described Ad Interim Stipulation for Value, with interest as
aforesaid, filed by Petitioner for the benefit of any and all claimants as security representing
the Petitioner’s interest in the value of the vessel, as of the date of the alleged incident, be and
is hereby approved; and
IT IS FURTHER ORDERED that the Court, only upon motion and good cause
shown, shall cause appraisement of the value of Petitioner’s interest in the vessel, on the date
of the alleged incident, and may thereupon order said security increased or reduced if it finds
the amount thereof insufficient or excessive; and
IT IS FURTHER ORDERED that any claimant in these proceedings may express,
only upon motion and good cause shown and by written notice filed with the Court and served
upon all parties of record, its dissatisfaction with Progressive Northern Insurance Company as
surety. 	In this event, Petitioner shall within thirty (30) days of the entry of an order by the
Court concerning the surety, cause security to be posted in the form provided by Supplemental
Rule F(1) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
Actions of the Federal Rules of Civil Procedure, and satisfactory to this Court failing which
the injunction entered concurrently herewith will be vacated as to all claimants, and the Court
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will make such further orders as the justice of the cause may require; and
IT IS FURTHER ORDERED that a Notice shall be issued by the Clerk of this Court
to all persons, firms, entities or corporations, having any claim or suit against the Petitioner or
its vessel, with respect to which the Complaint seeks exoneration from or limitation of liability,
admonishing them to file their respective claims with the Clerk of this Court, in writing, and
to deliver or mail to the attorneys for the Petitioner, Michael E. Stern, Esq., James E. Mercante,
Esq. and Joanna Maria Grillo, Esq., GALLO VITUCCI KLAR LLP, 90 Broad Street, 12th
Floor, New York, NY 10004, a copy’ thereof, ON OR BEFORE
THE 20th DAY OF January, 2026, or be defaulted; and that if any claimant desires to
contest either the right to exoneration from or the might to limitation of liability, such
claimant shall file an Answer to the Complaint on or before the aforesaid date, unless the
claim has included an Answer to the Complaint, as required by Supplemental Rule F of the
Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of
the Federal Rules of Civil Procedure, and deliver or mail a copy to the attorneys for the
Petitioner, or be defaulted.
IT IS FURTHER ORDERED that the aforesaid Notice shall be published in
a newspaper with a general circulation, once a week for four (4) weeks before the return date
of said Notice, as provided by the aforesaid Rule F of the Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil
Procedure, and copies of said Notice shall be mailed by Petitioner in accordance with this
Rule to every person known to have any claim against the vessel, or Petitioner, or to its
attorneys; and

IT IS FURTHER ORDERED that the further prosecution of any and all actions, suits
and proceedings already commenced and the commencement or prosecution hereafter of any

and all suits, actions, or proceedings of any nature and description whatsoever in any Court of

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any jurisdiction, or otherwise, against the Petitioner, insurers, and/or the vessel, and the taking
of any steps, entry of any order or judgment and the making or continuing of any motion in
and/or concerning such actions, suits or proceedings except in this action, with respect to the
aforesaid alleged incident, be and they hereby are restrained, stayed and enjoined until the
hearing and determination of this action, and all warrants of arrest of the vessel, and/or
attachments issued or sought in such other suits, actions or legal proceedings be and the same
are hereby dissolved and further warrants of arrest of the vessel, and/or attachments are hereby
prohibited; and
IT IS FURTHER ORDERED that service of this Order as a Restraining Order be
made through the Post Office by mailing a conformed copy hereof to the person or persons to
be restrained, or to their respective attorneys.
Dated: December 21, 2025
U.S.D.J.
/s/ Nusrat J. Choudhury
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