COX, WOOTTON, LERNER, GRIFFIN & HANSEN LLP
NORMAND R. LEZY 6297-0
E-Mail: nlezy@cwlfirm.com
MICHAEL J. NAKANO 6940-0
E-Mail: mnakano@cwlfirm.com
DUANE R. MIYASHIRO 6513-0
E-Mail: dmiyashiro@cwlfirm.com
JAMIE C. S. MADRIAGA 9769-0
E-Mail: jmadriaga@cwlfirm.com
Davies Pacific Center, Suite 1099
841 Bishop Street
Honolulu, Hawaii 96813
Telephone: (808) 744-7020
Facsimile: (808) 354-0427
Attorneys for Limitation Plaintiff
LAVA OCEAN TOURS INC.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
In the Matter
of
The Complaint of LAVA OCEAN
TOURS INC., a Hawaii Corporation, as
owner of M/V HOT SPOT, O.N.
1277287, for exoneration from or
limitation of liability.
CIVIL NO. 19-00023 LEK-RLP
(Admiralty)
NOTICE TO CLAIMANTS
NOTICE TO CLAIMANTS
WHEREAS, a Complaint for Exoneration From or Limitation of
Liability (“Complaint” ) has been filed in this Court on January 16, 2019, by
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Limitation Plaintiff LAVA OCEAN TOURS INC., a Hawaii corporation, as owner
of M/V HOT SPOT, O.N. 1277287, praying for exoneration from or limitation of
liability for any and all losses, injuries, and damages occasioned or incurred by, or
in any way consequent to the accident that occurred on or about July 16, 2018, as
described completely therein, and Claimants ROBERT E. TILTON, individually
and as next friend of O.T., a minor, and A.T., a minor, TERESA J. TILTON and
JESSICA TILTON, having on February 8, 2019, filed in this action a Notice of
Claim, and Answer to Corrected Complaint for Exoneration from or Limitation of
Liability Filed by Limitation Plaintiff Lava Ocean Tours Inc. on January 17, 2019,
seeking damages for, inter alia, physical and emotional injuries and for certain other
relief, and the Complaint having stated facts and circumstances upon which said
exoneration and limitation is claimed, and it appearing that a claim has been made,
and that others may be made, against Limitation Plaintiff LAVA OCEAN TOURS
INC. in amounts which will exceed the value of Limitation Plaintiff LAVA OCEAN
TOURSINC.’s interest in M/V HOT SPOT, O.N. 1277287, for losses, injuries, and
damages said to have been occasioned by or incurred in consequence of the aforesaid
accident;
WHEREAS, Limitation Plaintiff LAVA OCEAN TOURS INC.,
pursuant to Rule F(1) of the Supplemental Rules for Admiralty or Maritime Claims
and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, has filed an
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affidavit attesting to the fair market value of M/V HOT SPOT, O.N. 1277287, at the
time of the aforesaid accident, of THREE HUNDRED THOUSAND AND NO/00
DOLLARS ($300,000.00) and have duly provided security therefore;
WHEREAS, the Court, by its Order of February 14, 2019, has directed that
all persons claiming damages for any and all losses, injuries, and damages occasioned
or incurred by, or in any way consequent to the accident that occurred on or about
July 16, 2018, as described completely in the Complaint filed in this Court on
January 16, 2019, to file their claims and answer to the Complaint on/before
August 25, 2019;
PLEASE TAKE NOTICE that all persons asserting claims with respect
to such losses, injuries or damages are admonished to file their claim(s) with the
undersigned Clerk of this Court on/before August 25, 2019, and to serve a copy
thereof and an Answer to Complaint on NORMAND R. LEZY, ESQ. of COX,
WOOTTON, LERNER, GRIFFIN & HANSEN LLP, 841 Bishop Street, Suite 1099,
Honolulu, Hawaii 96813, counsel for Limitation Plaintiff, on or before
August 25, 2019;
This Notice is issued by Order of the Court pursuant to Rule F(4) of the
Supplemental Rules of Certain Admiralty and Maritime Claims, Federal Rules of
Civil Procedure.
Case 1:19-cv-00023-LEK-RLP Document 30 Filed 03/22/19 Page 3 of 4 PageID #: 284
DATED: Honolulu, Hawaii, _M_ arc_h_2_2-,’ -2_0_19 _______
SUEBEITIA
CLERK OF THE COURT
By Isl C. Brost
DEPUTY CLERK
In the Matter of the Complaint of Lava Ocean Tours Inc. a Hawaii
Corporation, as owner ofM/V HOT SPOT, 0.N. 1277287, for exoneration from
or limitation of liability, Civil No. 19-00023 LEK-RLP; NOTICE TO
CLAIMANTS
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