IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
In the Matter of | CIVIL NO. 24-CV-00464 JAO-WRP
| (Admiralty)
The Complaint of NPK INC., as owner |
of the Motor Vessel NA PALI KAI II, | NOTICE TO CLAIMANTS
O.N. 699443, for Exoneration from or |
Limitation of Liability. |
______________________________ |
NOTICE TO CLAIMANTS
WHEREAS, a Complaint for Exoneration From or Limitation of Liability (“Complaint”) has been filed in this Court on October 28, 2024, by Limitation Plaintiff NPK INC., as owner of a 33.8 foot long Motor Vessel named “M/V NA PALI KAI II“, O.N. 699443, and her engines, tackle, apparel, etc. (“M/V NA PALI KAI II“), 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 18, 2022, as described completely therein (“Accident”), and MARGARET GIBERT, having on July 12, 2024, filed an action in the Circuit Court of the Third Circuit, State of Hawaii, styled Margaret Gibert v. NPK Inc., et al., Civil No. 3CCV-24-0000247, and AMANDA KLINK, having on July 12, 2024, filed an amended action in the Circuit Court of the Third Circuit, State of Hawaii, styled Amanda Klink v. NPK Inc., et al., Civil No. 3CCV-24-0000238, and JESSICA YURIDITSKY, having on July 12, 2024, filed an amended action in the Circuit Court of the Third Circuit, State of Hawaii, styled Jessica Yuriditsky v. NPK Inc., et al., Civil No. 3CCV-24-0000240, and SUMMER M. STAIB, having on July 17, 2024, filed an action in the Circuit Court of the Third Circuit, State of Hawaii, styled Summer M. Staib v. NPK Inc., et al., Civil No. 3CCV-24-0000258, each seeking damages in connection with the Accident, 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 claims have been made, and that others may be made, against Limitation Plaintiff NPK INC. in amounts which will exceed the value of Limitation Plaintiff NPK INC.’s interest in M/V NA PALI KAI II, for losses, injuries, and damages said to have been occasioned by or incurred in consequence of the Accident;
WHEREAS, Limitation Plaintiff NPK 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 the Post Factum Evaluation Report prepared by Captain Jay Timothy Hawkins Attesting to the Fair Market Value of M/V NA PALI KAI II, O.N. 699443, at the time of the aforesaid accident, of ONE HUNDRED EIGHTY SIX THOUSAND SEVEN HUNDRED AND NO/00 DOLLARS ($186,700.00) and have duly provided security therefore;
WHEREAS, the Court, by its Order of May 8, 2025, 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 18, 2022, as described completely in the Complaint filed in this Court on October 24, 2024, to file their claims and answer to the Complaint on/before June 23, 2025;
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 June 23, 2025, and to serve a copy thereof and an Answer to Complaint on NORMAND R. LEZY, ESQ. of COX, WOOTTON, LERNER, GRIFFIN & HANSEN LLP, 700 Bishop Street, Suite 2008, Honolulu, Hawaii 96813, counsel for Limitation Plaintiff NPK INC., on or before June 23, 2025;
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.
DATED: Honolulu, Hawaii, May 8, 2025.
Lucy Carrillo
CLERK OF THE COURT
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
By CB_____________________
DEPUTY CLERK
(SA1493809 5/16, 5/23, 5/30, 6/06/25)