Case 1:19-cv-10137-DPW Document 1 Filed 01/22/19 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS OM PLAINT OF COURAGEOUS SAILING ENTER FOR YOUTH, INC. FOR EXONERATION ROM OR LIMITATION OF LIABILITY, IVIL AND MARITIME Civil Action No: TO THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF MASSACHUSETTS Now comes the Plaintiff, Courageous Sailing Center for Youth. Inc. ("Courageous Sailing Center"), in the above-entitled action, by and through its undersigned counsel, Clinton & Muzyka, PC, and files its Complaint for Exoneration from and/or Limitation of Liability as follows: JURISDICTION I. This is a Complaint for Exoneration from and/or Limitation of Liability pursuant to 46 U.S.C. 3050 I et seq. and Supplemental Admiralty Rule F. This Court has admiralty and maritime jurisdiction within the meaning of Rule 9(h) oflhe Federal Rules of Civil Procedure and 28 U.S.C. J 333. LIMITATION OF LIABILITY 2. The 420 Class Dinghy with fleet identification number CSC 4 and hull identification number NACL 1996D 1 032 (hereinafter referred to as "SlY 420") was and is owned solely by Courageous Sailing Center, a Massachusetts Nonprofit Corporation with a place of business within this District at Pier 4, Charlestown Navy Yard, Charlestown, Massachusetts 02129.
Case 1:19-cv-10137-DPW Document 1 Filed 01/22/19 Page 2 of 6 2 3. At all material times herein, the SN 420 was and now is a 13.90 ft monohull dinghy with centerboard, Bermuda rig and center sheeting sailing vessel built in 2002 designed for a crew two [2]. 4. On or about July 24, 2018, the SN 420 departed from Courageous Sailing Center's dock in Charlestown, Massachusetts with a two [2] member crew during the Youth Sailing Program and was sailing nearby in Boston Harbor. The said SlY 420 was tight, strong, fully manned, equipped and supplied, and in all respects seaworthy and fit for the service and voyage in which it intended to engage. Visibility was clear with sustained wind speeds at approximately seven to ten [7-10] knots. 5. On or about July 24, 2018, the SlY NOONl was docked at Charlestown Marina. 6. Upon infomlation and belief, the SlY NOONl is a sailing vessel under British flag owned and operated by Ngoni Limited. Ngoni Limited's registered otlice is located at Granary House, Grange Road St. Peter Port, GYI 2QG, United Kingdom. 7 _ Upon information and belief, at approximately 1400 hours on July 24, 2018, the SlY 420's navigation and maneuvering was impaired by wind shills resulting in the SlY 420's low speed allision with the SlY NOON!. 8. Upon information and belief, the allision caused minor damage and scratches SlY 420 and the SlY NOON!. 9. On July 24, 2018, the SlY 420 returned to port in Charlestown, Massachusetts and concluded its voyage. The SlY 420 survived the allision without structural
Case 1:19-cv-10137-DPW Document 1 Filed 01/22/19 Page 3 of 6 3 damage/loss. There was no freight pending on either vessel at the time of the casualty. 10. On July 24, 2018, the value of the SlY 420 was $1,000.00 with no pending freight. 11. The aforesaid event and resulting loss and damage was not caused or contributed to by any negligence on the part of Courageous Sailing Center and Courageous Sailing Center denies any such loss, damage, and destruction was done. occasioned by, or occurred with any privity or knowledge of Courageous Sailing Center. 12. Courageous Sailing Center claims exemption from liability for any and all loss, destruction, and damage occasioned or incurred by or resulting from the casualty and for all claims for damages that have been made or may hereafter be made, and by reason of the facts set forth, Courageous Sailing Center desires in this proceeding to contest its liability and the liability of said S/V 420 to any extent whatsoever for any and all loss, destruction, and damage, caused by or resulting from the matters aforesaid. 13. Not admitting, but denying any liability of itself or of said SN 420 for any loss. destruction, and damage, occasioned or incurred by reason of the matters aforesaid or subsequent damages resulting there from, Courageous Sailing Center further claims the benefits of the Limitation of Liability Act, 46 U.S.C. 3050 I et. seq. and the various statutes amendatory thereof and supplementary thereto, and to that end Courageous Sailing Center is ready and willing to give a sufficient surety for the amount or value, if any, of its interest
Case 1:19-cv-10137-DPW Document 1 Filed 01/22/19 Page 4 of 6 4 in the SlY 420, together with her pending freight, if any, whenever the same shall be ordered by the General Admiralty Rules and the practice of this Honorable Co un. 14. All and singular the premises are true and within admiralty and maritime jurisdiction of the United States and this Honorable Court. WHEREFORE, the Plaintiff, Courageous Sailing Center for Youth,lnc., prays: (1) That the Court cause due appraisement to be made of the amount or value of Courageous Sailing Center's interest in the S/V 420 and her pending freight, if any; (2) That the Court issue an Order directing Courageous Sailing Center to file a Stipulation with surety or other security to be approved by the Courl, for the payment into Court of the amount of the Courageous Sailing Center's interest in the said SlY 420 whenever the Court shall so order or issue an order excusing Courageous Sailing Center from furnishing a Stipulation; (3) That the Court issue an Order directing the issuance of a Monition to all persons claiming damages for any and all loss, damage, or destruction done, occasioned or incurred by or resulting from the alleged incident involving the SN 420's allision with the SlY NOONI on July 24, 2018 citing them to file with the Clerk of this Court in said order and make due proof of their respective claims, and also to appear and answer the allegations of this Complaint according to the law and practice of this Court at or before a certain time to be fixed by the monition; (4) That the Court make and order directing that on the giving of such a Stipulation or other security as may be determined to be proper, or the Court making an order excusing Courageous Sailing Center from giving a Stipulation, an Injunction shall issue, restraining the prosecution of all actions, suits or other proceedings, arising out of or occasioned by or consequent upon the incident involving the SlY 420's allision with the SlY NGONI on July 24, 2018, as stated in the Complaint, and the commencement or prosecution hereafter of any suit, action or legal proceeding against Courageous Sailing Center or its agents,
Case 1:19-cv-10137-DPW Document 1 Filed 01/22/19 Page 5 of 6 5 representatives, officers, or employees in respect of any claim or claims arising out of the aforesaid incident onboard Couragt:ous Sailing Center's SIV 420 at issue; (5) That the Court in these proceedings will adjudge that the Courageous Sailing Center is not liable to any extent or any loss, damage, injury or for any claim whatsoever in any way arising out of or involving the involving the SN 420's allision with the SlY NOONI on July 24, 2018 as above described, or if Courageous Sailing Center shall be adjudged liable, then such liability shall be limited to the amount of its interest in the SlY 420 on July 24, 2018, if any, and that a decree may be entered discharging Courageous Sailing Center from any and all further liability; and (6) Courageous Sailing Center may have such other or further relief as the justice of the cause may require. COURAGEOUS SAILING CENTER FOR YOUT!I, INC. By: Its: DAVID nn:orenzo Executive Director and By its attorney, CLINTON & MUZYKA, p.e. "/sn'homas J. Muz"ka" Thomas J. Muzyka BBO NO: 365540 Kirby L. Aarsbeim 8BO NO: 678774 88 Black Falcon Ave. Suite 200 Boston, MA 02210 (617)723-9165 Fax: 617-720-3489 Email: tmuz 'v kafa)clinmuzvka.com
Case 1:19-cv-10137-DPW Document 1 Filed 01/22/19 Page 6 of 6 6 VElUFICATION Pursuant to 28 U.S.C. l746. 1, DAVID DILORENZO, declare under the enalty of perjury: 1 am the Executive Director of the Plaintiff, Courageous Sailing Center for Youth, Inc. My business address is Pier 4, Charlestown Navy Yard, Charlestown, Massachusetts 02) 29 (mailing address: 197 gth Street, Charlestown, MA 02129), and Courageous Sai ling Center for Youth, Inc. is the sale owner of the 420 Class Dinghy Sailing Vessel and the Plaintiff herein. I have read the foregoing Complaint and I know the contents thereof and the same are true to the best of my own knowledge, except as the matters therein stated to be upon infonnation and belief and unto those matters I believe them to be true. I declare under penalty of perjury that the foregoing is true and correct. Respectfully Submitted, By: Its: COURAGEOUS SAILING CENTER FQ.B Y.OUT!I, INC. ro/ /// t',.(} DA VID DIJ:;ORENZQ Executive Director CERTlnCATE OF SERVICE Pursuant to Local Rule 5.2, I hereby certify that the above document tiled tl rough the ECF system will be sent electronically to the registered participants as i entified on the Notice of Electronic Filing (NEF) and paper copies will be sent to tl ose indicated as non-registered participants on January.;?J.. 2019. "/slthomas J. Muzvka" Thomas J. Muzyka