Opinion

Pedigo (TV1)

Court
District Court, E.D. Tennessee
Filed
Jan 23, 2023
Cited by
0 cases
Authority
More cited than 29.6%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT CHATTANOOGA

IN THE MATTER OF THE COMPLAINT )

OF WENDY PEDIGO, as Owner or Owner )

Pro Hac Vice of a 1986 Regal Open Motorboat ) No. 1:22-cv-00268-TAV-CHS

Bearing Hull ID RGM12338L586 for )

Exoneration from or Limitation of Liability, )

)

Petitioner. )

REPORT AND RECOMMENDATION REGARDING ORDER RESTRAINING SUITS,

APPROVING PETITIONER’S SECURITY, DIRECTING ISSUE OF NOTICE

AND THE FILING OF CLAIMS

This matter is before the Court upon Petitioner Wendy Pedigo’s Motion for Entry of Order

Restraining Suits, Approving Petitioner’s Security, Directing Issue of Notice and the Filing of

Claims [Doc. 11]. The referenced motion was referred to United States Magistrate Judge

Christopher H. Steger for consideration and determination, or report and recommendation, as may

be appropriate [Doc. 12].

The undersigned Magistrate Judge conducted a hearing, via videoconference, with

Petitioner’s counsel, Charles Thomas Miller and Matthew S. Eddy, on January 18, 2023, and

determined that, because the relief being requested by Petitioner includes injunctive relief,

appropriate disposition of the motion should be accomplished through a Report and

Recommendation to the Honorable District Judge Thomas A. Varlan.

Based upon the filings in this case and the hearing with Petitioner’s counsel, the

undersigned Magistrate Judge finds that a Complaint was filed on October 21, 2022, by the above-

named Petitioner, WENDY PEDIGO, as Owner or Owner Pro Hac Vice of a 20-foot, 1986 Regal

Open Motorboat bearing Hull ID RGM12338L586 (hereinafter, “the Vessel”), for Exoneration

from, or Limitation of Liability, pursuant to 46 U.S.C. § 30501 et seq., and Rule F of the

Supplemental Rules for Certain Admiralty or Maritime Claims and Asset Forfeiture Actions of the

Federal Rules of Civil Procedure concerning any claims and/or losses arising or resulting from an

alleged boating incident, which occurred in the navigable waters of the United States on April 23,

2022, in the United States, on Nickajack Reservoir, Tennessee River, as more fully described in

the Complaint. In the Complaint, Petitioner stated that the value of the Petitioner’s interest in the

Vessel did not exceed the sum of $509.00 after the alleged accident. Further, Petitioner has filed

with the Court an Ad Interim Security for the benefit of any and all claimants, with surety, equal

to the amount or value of Petitioner’s interest in the said Vessel, with interest at six percent (6%)

per annum from the date hereof, executed by marine insurer PROGRESSIVE HAWAII

INSURANCE CORPORATION.

For the reasons set forth above, it is hereby RECOMMENDED1 that the Honorable

District Judge Thomas A. Varlan enter an ORDER requiring that:

1. Petitioner Wendy Pedigo’s Motion for Entry of Order Restraining Suits, Approving

Petitioner’s Security, Directing Issue of Notice and the Filing of Claims [Doc. 11] be

GRANTED.

2. The above-described Ad Interim Security, with interest as aforesaid, filed by Petitioner

for the benefit of any and all claimants as security representing the Petitioner’s interest

in the Vessel, be APPROVED.

3. The Court, only upon motion and good cause shown, shall cause appraisement of the

value of the Vessel, and may thereupon order said security increased or reduced if it

finds the amount thereof insufficient or excessive.

4. Any claimant in these proceedings may express—only upon good cause shown and by

written notice filed with the Court and served upon all parties of record—his/her

1 Any objections to this Report and Recommendation must be served and filed within fourteen (14) days after

service of a copy of this recommended disposition on the objecting party. Such objections must conform to the

requirements of Rule 72(b) of the Federal Rules of Civil Procedure. Failure to file objections within the time

specified constitutes a forfeiture of the right to appeal the District Court's order. Thomas v. Arn, 474 U.S. 140, 88

L.Ed.2d 435, 106 S. Ct. 466 (1985). The district court need not provide de novo review where objections to this

report and recommendation are frivolous, conclusive or general. Mira v. Marshall, 806 F.2d 636 (6th Cir. 1986).

Only specific objections are reserved for appellate review. Smith v. Detroit Federation of Teachers, 829 F.2d 1370

(6th Cir. 1987).

dissatisfaction with $509.00 as surety. In this event, Petitioner shall within thirty (30)

days of the entry of an order by the Court concerning the surety, cause security to be

posted in the form provided by Supplemental Rule F(1) of Admiralty or maritime

claims and asset forfeiture actions of the Federal Rules of Civil Procedure and

satisfactory to this Court, failing which the injunction entered concurrently herewith

will be vacated as to all claimants, and the Court will make such further orders as the

cause of justice may require.

5. A Notice be issued by the Clerk of this Court (which Notice is attached as Exhibit

A) to all persons asserting claims or suits with respect to which the Complaint seeks

Exoneration from or Limitation of Liability admonishing them to file their respective

claims with the Clerk of this Court, in writing, and to serve on the attorneys for the

Petitioner a copy thereof, on or before March 31, 2023, or be defaulted2; and that if

any claimant desires to contest either the right to Exoneration from or the right to

Limitation of Liability, such claimant shall file and serve on the attorneys for the

Petitioner, C. Thomas Miller, Esq., WHITLOW, ROBERTS, HOUSTON & STRAUB,

PLLC, P.O. Box 995, Paducah, Kentucky 42002-0995, an Answer to the Complaint on

or before the said date, unless the claim has included an Answer to the Complaint, so

designated, or be defaulted.

6. The aforesaid Notice shall be published in The Chattanooga Times Free Press, a

newspaper with a general circulation including, Chattanooga, Tennessee, once a week

for four (4) weeks before the return date of said Notice, as provided by the aforesaid

Supplemental Rule F and copies of said Notice shall be mailed by Petitioner in

accordance with this rule to every person known to have a claim or potential claim

against the Vessel or Petitioner (or to their attorneys). Petitioners acknowledge that

Potential claimants who should receive notice include, without limitation, the following

persons:

Taylor Sewell

3313 Adkins Rd.

Chattanooga, TN 37419

Jarred D. Laney

3335 Browndell Dr.

Chattanooga, TN 37419

Nathan T. Ashcraft

22924 Hwy. 41

Chattanooga, TN 37419

2 There are certain actions a potential claimant must take before March 31, 2023. Failure to take such actions could

result in waiver of a potential claimant’s claim. See paragraph 5 for a description of the actions that must be taken to

preserve a claim.

Daniel E. Moses

1218 Browns Ferry Rd.

Chattanooga, TN 37419

7. The further prosecution of any and all actions, suits and proceedings already

commenced and the commencement or prosecution hereafter of any and all suits,

actions, or proceedings of any nature and description whatsoever in any Court of any

jurisdiction, or otherwise, against the Petitioner, their insurers, and/or the Vessel, and

the taking of any steps and the making of any motion in such actions, suits or

proceedings except in this action, to recover damages for or in respect to the aforesaid

alleged accident in the Complaint, be restrained, stayed and enjoined until the

hearing and determination of this action, and all warrants of arrest of the Vessel and/or

attachment issued or sought in such other suits, actions or legal proceedings be and the

same are hereby dissolved and further warrants of arrest of the Vessel and/or

attachment are hereby prohibited.

8. Service of this Order as a Restraining Order be made through the Post Office by mailing

a conformed copy hereof to the person or persons to be restrained, or to their respective

attorneys.

ENTER.

/s/ Christopher H. Steger

UNITED STATES MAGISTRATE JUDGE

EXHIBIT A

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT CHATTANOOGA

IN THE MATTER OF THE COMPLAINT )

OF WENDY PEDIGO, as Owner or Owner )

Pro Hac Vice of a 1986 Regal Open Motorboat ) No. 1:22-cv-00268-TAV-CHS

Bearing Hull ID RGM12338L586 for )

Exoneration from or Limitation of Liability, )

)

Petitioner. )

NOTICE OF COMPLAINT FOR

EXONERATION FROM OR LIMITATION OF LIABILITY

PLEASE TAKE NOTICE THAT Petitioner, WENDY PEDIGO, as Owner or Owner

Pro Hac Vice of a 20-foot, 1986 Regal Open Motorboat bearing Hull ID RGM12338L586

(hereinafter “the Vessel”) has filed a Complaint claiming the right to Exoneration from or

Limitation of Liability pursuant to U.S. maritime law, the Vessel owner’s Limitation of Liability

Act, Title 46 U.S.C. § 30501, et seq., involving admiralty and maritime claims within the meaning

of Rule 9(h) of the Federal Rules of Civil Procedure, and Rule F of the Supplemental Rules for

Certain Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil

Procedure, for all claims and/or losses, arising or resulting from an accident, which occurred on

April 23, 2022 on the navigable waters of the United States, on Nickajack Reservoir, Tennessee

River, as more fully described in the Complaint; and

PLEASE TAKE FURTHER NOTICE that all persons, firms, entities or corporations,

having any claim or suit against Petitioner arising or resulting from the accident must file a Claim

as provided in Rule F of the Supplemental Rules for Certain Admiralty and Maritime Claims of

the Federal Rules of Civil Procedure, with the Clerk of the Court, at the United States Courthouse,

Eastern District of Tennessee, 900 Georgia Avenue, Chattanooga, TN 37402 and must deliver or

mail to the attorneys for the Petitioner, C. Thomas Miller, Whitlow, Roberts, Houston & Straub,

PLLC, P.O. Box 995, Paducah, Kentucky, 42002-0995, a copy on or before on or before March

31, 2022, or be defaulted. Personal attendance is not required. Further, any claimant desiring to

contest Petitioner’s right either to Exoneration from or Limitation of Liability shall file an Answer

to the Complaint on or before the aforesaid date as required by Supplemental Rule F for Admiralty

or Maritime and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, and deliver or

mail a copy to the attorneys for the Petitioner, or be defaulted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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