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IN RE RHOTEN

No. CIV.A. 00-12307-MBB.

397 F.Supp.2d 151 (2005)

In the Matter of the Complaint of Peter RHOTEN and Karen Rhoten, Owners of the M/V "Just Because" (O.N.949292) for Exoneration from or Limitation of Liability, Plaintiffs, Robert B. Bechtold and American Yachts Ltd.; Modern Continental Marine, Inc., d/b/a Marina at James Landing, and Commercial Union Insurance Company; Robert J. Murray, George Allman and Commercial Union Insurance Company; and Nathan Scott Brown and Commercial Union Insurance Company, Claimants, Peter Rhoten and Karen Rhoten, Third Party Plaintiffs, v. R.T. Beatty Insurance Agency, Inc., NLC Insurance Agency, Inc., and NLC Insurance Company, Inc., Third Party Defendants.

United States District Court, D. Massachusetts.

July 8, 2005.

Attorney(s) appearing for the Case

Brian P. Flanagan, Michael J. Calabro, Flanagan & Hunter, Boston, MA, George A. Balko, III, Bowditch & Dewey, LLP, Worcester, MA, for Plaintiffs.

David J. Farrell, Jr., Law Office Of David J. Farrell, Jr., Edward J. Dewitt, Connors & Farrell, South Chatham, MA, Robert E. Collins, Clinton & Muzyka, Boston, MA, for Claimants.

MEMORANDUM AND ORDER

BOWLER, United States Magistrate Judge.

Plaintiffs Peter and Karen Rhoten ("the Rhotens"), owners of the M/V Just Because, initiated this action in October 2000 by filing a petition for exoneration from or limitation of liability pursuant to the Limitation of Liability Act, 46 U.S.C. §§ 181-196 ("The Limitation Act"), after a fire on October 11, 1999, engulfed and sank their vessel as it lay berthed at the James Landing...

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