In the Matter of the Complaint of Steven Sommer

Background

Steven Sommer brought this action under the federal Limitation of Liability Act concerning the motor vessel “SOMMER WINE,” formerly known as “RAGAMA.” According to the complaint, Richard Bishop, Jr. fell or jumped into the Mississippi River from the vessel after an outing on August 7, 2019, and died. Sommer sought to avoid liability or, alternatively, limit any liability to the vessel’s value and pending freight.

The court’s earlier order required people with claims related to the incident to file them in this case by February 22, 2021. It also required Sommer to publish notice and mail notice to specified people. Sommer published the notice in the St. Paul Pioneer Press once a week for four successive weeks and mailed copies to Michelle Bishop, her attorney, and Richard Bishop’s estate. Michelle Bishop, as trustee for Richard Bishop’s next of kin, filed an answer and claim on February 18, 2021. No other claims were filed.

Motion and Analysis

Sommer moved for entry of default and default judgment against all potential claimants who did not file timely claims. “Default” is a formal entry against a party that failed to plead or otherwise defend; “default judgment” is the resulting judgment against that party.

The court found that Sommer complied with the notice requirements in Rule F of the Federal Rules of Civil Procedure’s Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. The notice was published for the required period, the deadline was at least 30 days after issuance of the notice, and notice was mailed to Michelle Bishop and the decedent’s last known address. Because the filing period had expired, the court found that entry of default followed by default judgment was appropriate against potential claimants who had not timely filed claims.

The court recognized that the default judgment resolved some, but not all, claims in the case. Michelle Bishop’s claim remained pending. The court therefore ordered judgment under Federal Rule of Civil Procedure 54(b), which permits final judgment on fewer than all claims when the court determines that there is no just reason for delay. The court found that judgment would provide finality as to the defaulted claims and allow the parties to focus on the remaining interests in the case.

Disposition

The court granted Sommer’s corrected motion for entry of default and judgment by default as to all non-filing potential claimants. It directed the clerk to enter default under Rule 55(a) against all persons or entities that did not file timely claims. It ordered that default judgment shall be entered against all persons or entities with claims against Sommer concerning the August 7, 2019 incident who failed to timely file an answer or claim as ordered by the court. Michelle Bishop’s claim was not resolved by this order.