In re: LSV Mallard

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
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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
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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
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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
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