IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

IN ADMIRALTY

CASE NO.: 1:20-cv-21859-CMA

In the Matter of the Complaint for

Exoneration from or Limitation of

Liability by Jose Garcia, as owner

of the 2019 40’ Beneteau Motor

Yacht bearing Hull Identification

No. BENER159L819,

Petitioner,

/

SOBE-IT 440, LLC, 

Third Party Plaintiff, 

v.

IRAN FLEITAS and 

ALLISON DILLON-TORRES, in personam,

and, the 2019 40’ BENETEAU Motor

Yacht bearing Hull Identification

No. BENER159L819, in rem,

Third Party Defendants.

/

SOBE-IT 440, LLC’S SECOND NOTICE RE: COURT ORDER

Claimant/Third Party Plaintiff, SoBe-It 440 LLC (“SoBe-It”), by and through its 

undersigned counsel, and pursuant to this Court’s September 14, 2020 Order [ECF No. 121], 

hereby files this Second Notice. 

On July 24, 2020, SoBe-It filed an Amended Third Party Complaint against Third Party 

Defendants, Iran Fleitas (“Fleitas”), Allison Dillon-Torres, and the 2019 40’ Beneteau Motor

Yacht bearing Hull Identification No. BENER159L819, in rem [ECF No. 62]. On August 21, 

Case 1:20-cv-21859-CMA Document 132 Entered on FLSD Docket 09/24/2020 Page 1 of 3
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2020, Fleitas was served with a copy of SoBe-It’s Amended Third Party Complaint [ECF No. 

112]. On the other hand, efforts by two separate process service firms, attempting to serve SoBeIt’s Third Party Complaint on Dillon-Torres (on multiple occasions) have been unable to confirm 

service of process. 

However, by email dated September 9, 2020 from Dillon-Torres to undersigned counsel, 

Dillon-Torres advised, in part, that she “... checked the documents you sent me. I honestly don’t 

know how to properly respond to this.” (Copy of email is attached as Ex. “A”.) Shortly thereafter, 

undersigned counsel received two identical documents entitled “Third Party Defendant Allison 

Dillon-Torres Answers all Third Party Complaints....:”: one served by mail dated September 21, 

2020, (copy attached as Ex. “B”), and, the second served via the Court’s system identified as ECN 

#103 filed September 24, and, dated September 11, 2020.

Paragraph 2 of the Order [ECF No. 121] required SoBe-It to serve the Third Party 

Complaint and file proof of service by September 24, 2020. Federal Rule of Civil Procedure 55(a) 

provides: “When a party against whom a judgment for affirmative relief is sought has failed to 

plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter 

the party’s default.” Fed. R. Civ. P. 55(a). Insofar as Dillon-Torres has answered the Third Party 

Complaint filed by SoBe-It, it is respectfully submitted that proof of service of its Third-Party 

Complaint on her is moot and requests that the Court not take action with respect to the Order in 

regard to service of its Amended Third Party Complaint upon Dillon-Torres. 

Dated: September 24, 2020. 

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Respectfully submitted,

KELLER & MESA, LLP

Attorneys for Plaintiff

121 Majorca Avenue, #200

Coral Gables, FL 33134

Telephone: (305) 529-8500

Telefax: (305) 529-0228

Email: jkeller@kellermesa.com

By: s/ John W. Keller, III 

 John W. Keller, III

 Florida Bar No. 229989

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