Sean Flynn v MV Southern Comfort - Case 1:20-cv-23774

[Cert1967]

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN ADMIRALTY

Case 1:20-cv-23774-XXXX Document 1 Entered on FLSD Docket 09/11/2020 Page 1 of 46​

VERIFIED COMPLAINT TO ENFORCE A MARITIME LIEN FOR DAMAGES ARISING FROM A MARITIME TORT UNDER 46 U.S.C. § 31301(5)(B)

Plaintiff,

SEAN THOMAS FLYNN, individually and as Personal Representative of the Estate of MOLLIE CATHERINE GHIZ-FLYNN​

v.

Defendants.

M/V SOUTHERN COMFORT, Identification no.: XYU7748FH788, Registration no.: DO930158, her engines, tackle, and appurtenances, in rem, FLORIDA SCUBA CHARTERS, INC., DUSTIN MCCABE, KRISTY MCCABE, and NPBM, LLC a/k/a NORTH PALM BEACH MARINA,​

"This case involves a personal injury and negligence claim arising under the General Maritime Law of the United States and is thus within this Court’s Admiralty and Maritime jurisdiction within the meaning of U.S. Const. Art. III § 2, 28 U.S.C. §1333, Fed. R. Civ. P. Rule 9(h), Supplemental Rule C and Local Admiralty Rule C."

 

[Cert1967]

Docs as attachments

***************************

NOTICE OF SETTLEMENT

COMES NOW, the Plaintiff, by and through undersigned counsel, hereby notifies this Honorable Court that all pending claims between the Plaintiff and all Defendants have been settled. The Parties respectfully request that this Court retain jurisdiction to enforce the terms of settlement, and they will submit a Joint Stipulation for Dismissal upon effectuation of the terms of the settlement.

Dated: November 5, 2020
​

***************************

NOTICE OF PARTIAL VOLUNTARY DISMISSAL AS TO DFENDANT KRISTY MCCABE ONLY

The Plaintiff, by and through undersigned counsel, hereby notices this Honorable Court of voluntarily dismissing, with prejudice, Plaintiff’s claims in the above-styled action against only one Defendant, KRISTY MCCABE.

Dated: November 7, 2020
​