The Garden Island
Notice #: 0001356199-01
Legal Notices

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

In the Matter of | CIVIL NO. 21-00447 JAO-RT
| (Admiralty)
The Complaint of ATLANTIS |
SUBMARINES HAWAII, LLC as |
NOTICE TO CLAIMANTS
owner of the Motor Vessel named M/V |
DISCOVERY, O.N. 993947, 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 November 10, 2021, by Limitation Plaintiff ATLANTIS SUBMARINES HAWAII, LLC, as owner of a 76-foot long passenger Motor Vessel named “M/V DISCOVERY,” O.N. 993947, and her engines, tackle, apparel, etc. (“M/V DISCOVERY“), 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 November 11, 2019, as described completely therein (“Accident”), and ANDREW KINGMAN, having on May 11, 2021, filed a personal injury action in connection with the Accident in the Circuit Court of the First Circuit, State of Hawaii, styled as Andrew Kingman, Individually v. Atlantis Submarines Hawaii, LLC, et al., Civil No. 1CCV-20-0001561 (JMT), 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 a claim has been made, and that others may be made, against Limitation Plaintiff ATLANTIS SUBMARINES HAWAII, LLC in amounts which will exceed the value of Limitation Plaintiff ATLANTIS SUBMARINES HAWAII, LLC’s interest in M/V DISCOVERY, O.N. 993947, for losses, injuries, and damages said to have been occasioned by or incurred in consequence of the Accident;
WHEREAS, Limitation Plaintiff ATLANTIS SUBMARINES HAWAII, LLC, 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 Affidavit of Mark Knutson Attesting to the Fair Market Value of M/V
DISCOVERY, O.N. 993947, at the time of the aforesaid accident, of SEVEN HUNDRED FIFTY THOUSAND AND NO/00 DOLLARS ($750,000.00) and have duly provided security therefore;
WHEREAS, the Court, by its Order of December 22, 2021, 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 November 11, 2019, as described completely in the Complaint filed in this Court on November 10, 2021, to file their claims and answer to the Complaint on/before
February 7, 2022;
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
February 7, 2022, 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 ATLANTIS SUBMARINES HAWAII, LLC, on or before February 7, 2022;
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, January 4, 2022.

Michelle Rynne, Clerk
CLERK OF THE COURT
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAll

/s/ EA, Deputy Clerk
By _____________
DEPUTY CLERK
(SA1356199 1/7, 1/14, 1/21, 1/28/22)