UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO.___________________ 

CERTAIN UNDERWRITERS SUBSCRIBING 

TO POLICY NUMBERS OMH-3484819, OBR 

10014587201, B5JH85661, VCF2002512, and 

AT4769A20MZA as subrogee of NORTHLINE 

SEAFOODS LLC, 

 Plaintiffs, 

vs. 

BLUE OCEAN TACKLE, INC., a dissolved 

foreign profit corporation; BLUE OCEAN 

MARINE EQUIPMENT, LLC, a Florida limited 

liability company, as successor-in-interest; 

VERONICA C. BARRETT, individually; and 

STEPHANIE C. GUTIERREZ, individually, 

 Defendants. 

_______________________________________/ 

COMPLAINT 

 Plaintiffs, CERTAIN UNDERWRITERS SUBSCRIBING TO POLICY NUMBERS 

OMH-3484819, OBR 10014587201, B5JH85661, VCF2002512, and AT4769A20MZA, as 

subrogee of NORTHLINE SEAFOODS LLC (hereinafter, collectively, “CERTAIN 

UNDERWRITERS”), by and through undersigned counsel, sue the Defendants, BLUE OCEAN 

TACKLE, INC., BLUE OCEAN MARINE EQUIPMENT, LLC, VERONICA C. BARRETT, and 

STEPHANIE C. GUTIERREZ, and state as follows: 

Jurisdiction and Venue 

1. This is an action for damages in excess of $9,139,517.30 (Nine Million One 

Hundred Thirty-Nine Thousand Five Hundred Seventeen Dollars and Thirty Cents), exclusive of 

interest, costs, and attorney’s fees. 

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2. This Court has diversity jurisdiction pursuant to 28 U.S. Code § 1332 based upon 

diversity of citizenship and Admiralty jurisdiction pursuant to 28 U.S. Code § 1333. Specifically, 

the Defendants, BLUE OCEAN TACKLE, INC., BLUE OCEAN MARINE EQUIPMENT, LLC, 

VERONICA C. BARRETT, and STEPHANIE C. GUTIERREZ, reside in the State of Florida; and 

the insurance entities which comprise Plaintiffs, CERTAIN UNDERWRITERS, reside outside of 

the State of Florida as stated in more detail below: 

a) Great American Insurance Company was and is incorporated in Ohio, with its 

principal address at 301 E. 4th Street, Cincinnati, Ohio 45202; 

b) Endurance American Insurance Company was and is incorporated in Delaware, 

with its principal address at 4 Manhattanville Road, Purchase, NY 10577; 

c) Atlantic Specialty Insurance Company was and is incorporated in NY, with its 

principal place address at 605 Highway 169 North, Suite 800, Plymouth, MN 

55441; 

d) Stratford Insurance Company was and is incorporated in New Hampshire, with its 

principal address at 300 Kimball Drive, Suite 500, Parsippany, NJ 07054; and 

e) Starstone National Insurance Company was and is incorporated in Delaware, with 

its principal address at 201 E. Fifth Street, Suite 1200, Cincinnati, Ohio 45202. 

3. Venue is proper pursuant to 28 U.S. Code § 1391 as the Defendants, BLUE 

OCEAN TACKLE, INC., BLUE OCEAN MARINE EQUIPMENT, LLC, VERONICA C. 

BARRETT, and STEPHANIE C. GUTIERREZ reside in the Southern District of Florida. 

Parties 

4. At all material times, Plaintiffs, CERTAIN UNDERWRITERS, are compromised 

of the following insurance entities who provided insurance coverage to Northline Seafoods, Inc., 

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pursuant to certain policies of insurance numbered OMH-3484819, OBR 10014587201, 

B5JH85661, VCF2002512, and AT4769A20MZA, and who reside outside of the State of Florida 

and are not citizens of the State of Florida: 

a) Great American Insurance Company was and is incorporated in Ohio, with its 

principal address at 301 E. 4th Street, Cincinnati, Ohio 45202; 

b) Endurance American Insurance Company was and is incorporated in Delaware, 

with its principal address at 4 Manhattanville Road, Purchase, NY 10577; 

c) Atlantic Specialty Insurance Company was and is incorporated in NY, with its 

principal place address at 605 Highway 169 North, Suite 800, Plymouth, MN 

55441; 

d) Stratford Insurance Company was and is incorporated in New Hampshire, with its 

principal address at 300 Kimball Drive, Suite 500, Parsippany, NJ 07054; and 

e) Starstone National Insurance Company was and is incorporated in Delaware, with 

its principal address at 201 E. Fifth Street, Suite 1200, Cincinnati, Ohio 45202. 

5. At all material times, Plaintiffs, CERTAIN UNDERWRITERS, were and are 

authorized to transact business and transacted business in Alaska. 

6. At all material times, Plaintiffs, CERTAIN UNDERWRITERS, were and are in the 

business of providing marine, property, casualty, and business loss insurance to individuals and 

businesses located in the State of Alaska and elsewhere. 

7. At all material times, Plaintiffs, CERTAIN UNDERWRITERS, in exchange for 

valuable consideration, provided insurance coverage to Northline Seafoods, Inc., pursuant to 

certain policies of insurance numbered OMH-3484819, OBR 10014587201, B5JH85661, 

VCF2002512, and AT4769A20MZA. 

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8. At all material times, Northline Seafoods, LLC (“Northline”), was an Alaskan 

Limited Liability Company, with a principal address of 4690 Sawmill Creek Road, Sitka, Alaska 

99835. Northline was dissolved on or about December 27, 2021. 

9. At all material times Defendant, BLUE OCEAN TACKLE, INC., was a foreign 

California for profit corporation, with a principal address of 5645 Coral Ridge Drive, #126, Coral 

Springs, FL 33076. 

10. Defendant, BLUE OCEAN TACKLE, INC., was formed in Florida by Mark Barrett 

in 2016. 

11. Upon information and belief, Mark Barrett was married to Defendant, VERONICA 

C. BARRETT. 

12. Unfortunately, upon information and belief, Mark Barrett passed away on or around 

September 14, 2020. See, Exhibit 8. 

13. Upon information and belief, Mark Barrett and Defendant, VERONICA C. 

BARRETT, resided together at 11330 Fairfield St., Parkland, FL 33076, and Defendant, 

VERONICA C. BARRETT, currently resides at 11330 Fairfield St., Parkland, FL 33076. 

14. On November 17, 2020, Defendant, BLUE OCEAN TACKLE, INC., was 

voluntarily dissolved. The Articles of Dissolution for Defendant, BLUE OCEAN TACKLE, INC., 

were electronically signed by Mark Barrett, who, upon information and belief, died on or about 

September 14, 2020. See, Exhibit 9. 

15. On November 17, 2020, Defendant, BLUE OCEAN MARINE EQUIPMENT, 

LLC, was formed, with an effective date of November 16, 2020. 

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16. At all material times, Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC, 

is a Florida limited liability company, with a principal address of 20423 SR 7, Suite 151, Boca 

Raton, FL 33498.

17. Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC, was formed by 

Defendant, VERONICA C. BARRETT, who was listed as its manager in its Articles of 

Organization. 

18. On or about April 8, 2021, Defendant, STEPHANIE C. GUTIERREZ, was listed 

as the EVP of Defendant, BLUE OCEAN MARINE EQUIPMENT LLC, and Defendant, 

VERONICA C. BARRETT, was not listed on the company’s annual reports for 2021 or 2022. 

19. Upon information and belief, Defendant, STEPHANIE C. GUTIERREZ, resides at 

416 SW 1st Ave., Apt. 602, Ft. Lauderdale, FL 33301. 

20. The website address for Defendant, BLUE OCEAN TACKLE, INC, is 

http://www.blueoceantackle.com. Typing in that address directs the user to the website for 

Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC. See, Exhibit 1. 

21. A comparison of the website for www.blueoceantackle.com from or around July 3, 

2020, using the Wayback Machine shows that both websites are substantially the same, including: 

 Both feature a photograph at the top of their home pages that states: “YOUR #1 

SOURCE for Marine Supply” with Blue Ocean Tackle, Inc. including the 

additional words “for Fishing & Marine Supply”; 

 Both include similar descriptions under the photograph on their home pages for 

Marine Supply, Workboat Equipment, Ship Hardware, Offshore Oil Equipment, 

and Ship Launching Air Bags in the same order with Blue Ocean Tackle, Inc. 

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adding Saltwater Fishing Tackle, Commercial Fishing Supply, Shark Fishing 

Equipment, and Big Game Trolling Gear; and 

 Both include the following descriptions on their home pages: 

Blue Ocean Tackle Inc 

“A Veteran Owned Small Business” 

Blue Ocean Tackle Inc supplies marine equipment, ship hardware, 

and commercial fishing equipment. We offer a full line of anchors, 

chain, Yokohama pneumatic fenders and foam filled fenders such as 

the Ocean Guard and Ocean Cushions. We supply ship salvage 

airbags and ship launching airbags. Our commercial fishing 

equipment includes electric and hydraulic bottom fishing reels and 

pot haulers. We offer a full line of marine hardware that includes 

pelican hook chain stoppers, buoy hooks, stud link anchor chain, 

mooring chain, shackles, swivels, Kenter links, wire rope, custom 

rigging, and more. 

Blue Ocean Marine Equipment 

“A Veteran Widow Owned Small Business” 

Blue Ocean Marine Equipment supplies marine equipment, ship 

hardware, and commercial fishing equipment. We offer a full line of 

anchors, chain, Yokohama pneumatic fenders and foam filled 

fenders such as the Ocean Guard and Ocean Cushions. We supply 

ship salvage airbags and ship launching airbags. We offer a full line 

of marine hardware that includes buoy hooks, stud link anchor 

chain, mooring chain, shackles, swivels, Kenter links, wire rope, 

custom rigging, and more. 

See, Exhibit 2. 

22. In addition, Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC, appears to 

sell the same buoys as the subject buoy of this matter. See, Exhibit 3. 

23. Upon information and belief, Defendant, BLUE OCEAN MARINE EQUIPMENT, 

LLC, is the successor-in-interest for Defendant, BLUE OCEAN TACKLE, INC., by being a 

continuation for Defendant, BLUE OCEAN TACKLE, INC., including the purchase or acquisition 

of the assets of Defendant, BLUE OCEAN TACKLE, INC. 

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General Allegations 

24. On or about March 5, 2019, Northline purchased a buoy (and associated equipment) 

from Defendant, BLUE OCEAN TACKLE INC. The buoy was a 58-inch steel round mooring 

buoy, foam-filled, with pad eyes (the “Buoy”). See, Invoice attached as Exhibit 4. 

25. The manufacturer of the Buoy is currently unknown. 

26. The Buoy was used in the waters offshore of the Village of Ekuk, Alaska. 

27. Barge SM3 (Official No. 505535) was a 1966 fishing tender barge used by 

Northline (the “Barge”). 

28. On or about August 30, 2020, the Barge was moored to the Buoy south of the village 

of Ekuk, Alaska. 

29. At all material times, there were six individuals on board the Barge. 

30. While moored to the Buoy, a storm arose with heavy winds and sea conditions. 

31. During the storm, the Barge separated at the top shell plate of the Buoy and began 

drifting. 

32. The Barge eventually grounded on a nearby beach at or around Flounder Flat, 

causing a 3-mile debris field and 100 gallons diesel spill. 

33. As a result, the Barge was a constructive total loss. 

34. Thankfully, the six individuals on board the Barge were unharmed. 

35. The Barge was later salvaged by Global Diving & Salvage, Inc. 

36. On January 14, 2021, Simon Forensic, LLC issued a report on its findings regarding 

the cause of the loss of the Barge (“Simon Forensic Report”). See, Exhibit 5. 

37. The Simon Forensic Report noted: 

The buoy has functionally failed, i.e. a separating crack had formed at the 

fillet weld of the topside padeye thus allowing the separation (liberation) of 

the padeye from the buoy. 

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The topside padeye (buoy) was structurally compromised at the time of the 

incident, i.e. a small fatigue crack had been present thus providing a 

mechanical stress riser. 

No metallurgical or welding related defects related to the padeye failure were 

found to have caused or contributed to the failure. 

See, Exhibit 5 at pg. 4 (emphasis in original). 

38. The Simon Forensic Report also noted that the shackles did not fail. 

39. On June 4, 2021, Alaska Marine Surveyors, Inc. issued a Third Supplemental 

Damage Report (“AMS Damage Report”). See, Exhibit 6. 

40. The AMS Damage Report noted: “The Buoy Ball was not manufactured with an 

internal rod backing support, connecting and between the upper/lower padeyes, which load rod 

connect would be necessary for the type of loads expected for the Barge SM3 to utilize for moorage 

purposes...As previously discussed in AMS, Inc’s 2nd Supplemental Damage Report, dated 

February 3, 2021 and previously submitted, under ‘Comments,’ the Buoy Ball construction 

appears reversed for load strength for an at-sea moorage buoy of its size, and appearance, as 

capable for heavy loads and even without the inner padeye upper/lower reinforcement connect rod, 

the Ball shell thickness strength is inferior to both the padeye cap and the padeye itself, that the 

padeye load capability itself is far beyond the cap plate and shell combined.” See, Exhibit 6 at pg. 

2. 

41. Thus, the Buoy was structurally compromised before the storm event. 

42. The damages from the loss total $6.9 million for the constructive total loss of the 

Barge, less $15,000 recovered for salvage value, and $2,254,517.30 for wreck removal and 

associated pollution mitigation for a total of $9,139,517.30 (Nine Million One Hundred ThirtyNine Thousand Five Hundred Seventeen Dollars and Thirty Cents). 

43. Northline reported the claim to CERTAIN UNDERWRITERS, and CERTAIN 

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UNDERWRITERS have paid the claim. As a result of the payments made by CERTAIN 

UNDERWRITERS under the applicable policy of insurance, CERTAIN UNDERWRITERS have 

become subrogated to the rights of Northline to the extent of all payments made. See, Exhibit 7, 

Payment Order. 

44. All conditions precedent have occurred, been performed, or been waived. 

COUNT I - PRODUCT DEFECT 

(BLUE OCEAN TACKLE, INC.) 

45. Plaintiffs, CERTAIN UNDERWRITERS, reincorporate and reallege paragraphs 1 

– 44 as though fully set forth herein. 

46. Defendant, BLUE OCEAN TACKLE, INC., sold, supplied, distributed, warranted, 

marketed, packaged, and/or sold the Buoy. 

47. Defendant, BLUE OCEAN TACKLE, INC., had a duty to deliver to Northline a 

Buoy that was free of defects and that would perform as warranted. 

48. Defendant, BLUE OCEAN TACKLE, INC., breached that duty in that the Buoy 

was defective, structurally compromised, had inferior shell thickness, and did not have an internal 

rod backing support, at the time it was delivered, which led to a separating crack that caused the 

Barge to break free from the Buoy during the storm. 

49. The Buoy failed during a storm event with estimated wind speeds of 43 to 52 knots, 

which should not have been out of the range of the Buoy’s capabilities. 

50. As a result, the Barge was a total loss. 

51. Plaintiffs, CERTAIN UNDERWRITERS, have been damaged in the amount of 6.9 

million dollars for the constructive total loss of the Barge, less $15,000 recovered for salvage 

value, and $2,254,517.30 for wreck removal and associated pollution mitigation for a total of 

$9,139,517.30 (Nine Million One Hundred Thirty-Nine Thousand Five Hundred Seventeen 

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Dollars and Thirty Cents). 

WHEREFORE, Plaintiffs, CERTAIN UNDERWRITERS SUBSCRIBING TO POLICY 

NUMBERS OMH-3484819, OBR 10014587201, B5JH85661, VCF2002512, and 

AT4769A20MZA, as subrogee of NORTHLINE SEAFOODS LLC, demand judgment against 

Defendant, BLUE OCEAN TACKLE, INC., in the amount of $9,139,517.30 (Nine Million One 

Hundred Thirty-Nine Thousand Five Hundred Seventeen Dollars and Thirty Cents), plus pre and 

post-judgment interest, and its Court costs, and for all other relief deemed proper and just by this 

Court. 

COUNT II - PRODUCT DEFECT 

(BLUE OCEAN MARINE EQUIPMENT, LLC) 

52. Plaintiffs, CERTAIN UNDERWRITERS, reincorporate and reallege paragraphs 1 

– 44 as though fully set forth herein. 

53. Defendant, BLUE OCEAN TACKLE, INC., sold, supplied, distributed, warranted, 

marketed, packaged, and/or sold the Buoy. 

54. Defendant, BLUE OCEAN TACKLE, INC., had a duty to deliver to Northline a 

Buoy that was free of defects and that would perform as warranted. 

55. Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC, is the successor-ininterest to Defendant, BLUE OCEAN TACKLE, INC., by virtue of being a mere continuation 

after the death of Mark Barrett, and through the purchase and/or acquisition of the assets of 

Defendant, BLUE OCEAN TACKLE, INC., by Defendant, BLUE OCEAN MARINE 

EQUIPMENT, LLC. 

56. Defendant, BLUE OCEAN TACKLE, INC., breached that duty in that the Buoy 

was defective, structurally compromised, had inferior shell thickness, and did not have an internal 

rod backing support, at the time it was delivered, which led to a separating crack that caused the 

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Barge to break free from the Buoy during the storm. 

57. The Buoy failed during a storm event with estimated wind speeds of 43 to 52 knots, 

which should not have been out of the range of the Buoy’s capabilities. 

58. As a result, the Barge was a total loss. 

59. Plaintiffs, CERTAIN UNDERWRITERS, have been damaged in the amount of 6.9 

million dollars for the constructive total loss of the Barge, less $15,000 recovered for salvage 

value, and $2,254,517.30 for wreck removal and associated pollution mitigation for a total of 

$9,139,517.30 (Nine Million One Hundred Thirty-Nine Thousand Five Hundred Seventeen 

Dollars and Thirty Cents). 

WHEREFORE, Plaintiffs, CERTAIN UNDERWRITERS SUBSCRIBING TO POLICY 

NUMBERS OMH-3484819, OBR 10014587201, B5JH85661, VCF2002512, and 

AT4769A20MZA, as subrogee of NORTHLINE SEAFOODS LLC, demand judgment against 

Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC, in the amount of $9,139,517.30 (Nine 

Million One Hundred Thirty-Nine Thousand Five Hundred Seventeen Dollars and Thirty Cents), 

plus pre and post-judgment interest, and its Court costs, and for all other relief deemed proper and 

just by this Court. 

COUNT III – NEGLIGENCE 

(BLUE OCEAN TACKLE, INC.) 

60. Plaintiffs, CERTAIN UNDERWRITERS, reincorporate and reallege paragraphs 1 

– 44 as though fully set forth herein. 

61. Defendant, BLUE OCEAN TACKLE, INC., sold, supplied, distributed, warranted, 

marketed, packaged, and/or sold the Buoy. 

62. Defendant, BLUE OCEAN TACKLE, INC., had a duty to deliver to Northline a 

Buoy that was free of defects and that would perform as warranted. 

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63. Defendant, BLUE OCEAN TACKLE, INC., breached that duty in that the Buoy 

was defective, structurally compromised, had inferior shell thickness, and did not have an internal 

rod backing support, at the time it was delivered, which led to a separating crack that caused the 

Barge to break free from the Buoy during the storm. 

64. The Buoy failed during a storm event with estimated wind speeds of 43 to 52 knots, 

which should not have been out of the range of the Buoy’s capabilities. 

65. As a result, the Barge was a total loss. 

66. Defendant, BLUE OCEAN TACKLE, INC., knew or should have known that the 

Buoy was structurally compromised at the time it was supplied to Northline. 

67. Plaintiffs, CERTAIN UNDERWRITERS, as subrogee of NORTHLINE 

SEAFOODS LLC has been damaged in the amount of 6.9 million dollars for the constructive total 

loss of the Barge, less $15,000 recovered for salvage value, and $2,254,517.30 for wreck removal 

and associated pollution mitigation for a total of $9,139,517.30 (Nine Million One Hundred ThirtyNine Thousand Five Hundred Seventeen Dollars and Thirty Cents). 

WHEREFORE, Plaintiffs, CERTAIN UNDERWRITERS SUBSCRIBING TO POLICY 

NUMBERS OMH-3484819, OBR 10014587201, B5JH85661, VCF2002512, and 

AT4769A20MZA, as subrogee of NORTHLINE SEAFOODS LLC, demand judgment against 

Defendant, BLUE OCEAN TACKLE, INC., in the amount of $9,139,517.30 (Nine Million One 

Hundred Thirty-Nine Thousand Five Hundred Seventeen Dollars and Thirty Cents), plus pre and 

post-judgment interest, and its Court costs, and for all other relief deemed proper and just by this 

Court. 

COUNT IV - NEGLIGENCE 

(BLUE OCEAN MARINE EQUIPMENT, LLC) 

68. Plaintiffs, CERTAIN UNDERWRITERS, reincorporate and reallege paragraphs 1 

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– 44 as though fully set forth herein. 

69. Defendant, BLUE OCEAN TACKLE, INC., sold, supplied, distributed, warranted, 

marketed, packaged, and/or sold the Buoy. 

70. Defendant, BLUE OCEAN TACKLE, INC., had a duty to deliver to Northline a 

Buoy that was free of defects and that would perform as warranted. 

71. Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC, is the successor-ininterest to Defendant, BLUE OCEAN TACKLE, INC., by virtue of being a mere continuation 

after the death of Mark Barrett, and through the purchase and/or acquisition of the assets of 

Defendant, BLUE OCEAN TACKLE, INC., by Defendant, BLUE OCEAN MARINE 

EQUIPMENT, LLC. 

72. Defendant, BLUE OCEAN TACKLE, INC., breached that duty in that the Buoy 

was defective, structurally compromised, had inferior shell thickness, and did not have an internal 

rod backing support, at the time it was delivered, which led to a separating crack that caused the 

Barge to break free from the Buoy during the storm. 

73. The Buoy failed during a storm event with estimated wind speeds of 43 to 52 knots, 

which should not have been out of the range of the Buoy’s capabilities. 

74. As a result, the Barge was a total loss. 

75. Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC, knew or should have 

known that the Buoy was structurally compromised at the time it was supplied to Northline. 

76. Plaintiffs, CERTAIN UNDERWRITERS, have been damaged in the amount of 6.9 

million dollars for the constructive total loss of the Barge, less $15,000 recovered for salvage 

value, and $2,254,517.30 for wreck removal and associated pollution mitigation for a total of 

$9,139,517.30 (Nine Million One Hundred Thirty-Nine Thousand Five Hundred Seventeen 

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Dollars and Thirty Cents). 

WHEREFORE, Plaintiffs, CERTAIN UNDERWRITERS SUBSCRIBING TO POLICY 

NUMBERS OMH-3484819, OBR 10014587201, B5JH85661, VCF2002512, and 

AT4769A20MZA, as subrogee of NORTHLINE SEAFOODS LLC, demand judgment against 

Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC, in the amount of $9,139,517.30 (Nine 

Million One Hundred Thirty-Nine Thousand Five Hundred Seventeen Dollars and Thirty Cents), 

plus pre and post-judgment interest, and its Court costs, and for all other relief deemed proper and 

just by this Court. 

COUNT V – FRAUD 

(VERONICA C. BARRETT) 

77. Plaintiffs, CERTAIN UNDERWRITERS, reincorporate and reallege paragraphs 1 

– 44 as though fully set forth herein. 

78. Defendant, BLUE OCEAN TACKLE, INC., was formed in Florida by Mark Barrett 

in 2016. 

79. Defendant, VERONICA C. BARRETT, was the spouse of Mark Barrett. 

80. Unfortunately, upon information and belief, Mark Barrett passed away on or around 

September 14, 2020. See, Exhibit 8. 

81. On November 17, 2020, Defendant, BLUE OCEAN TACKLE, INC., was 

voluntarily dissolved. 

82. The Articles of Dissolution state at the bottom before the signature line: “I submit 

this document and affirm that the facts stated herein are true. I am aware that any false information 

submitted in a document to the Department of State constitutes a third degree felony as provided 

for in section 817.155, Florida Statutes.” See, Exhibit 9. 

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83. The Articles of Dissolution for Defendant, BLUE OCEAN TACKLE, INC., was 

electronically signed by Mark Barrett on November 17, 2020. See, Exhibit 9. 

84. Mark Barrett could not have signed the Articles of Dissolution for Defendant, 

BLUE OCEAN TACKLE, INC., if he was deceased on September 14, 2020. 

85. No documents were filed with the Secretary of State indicating that an agent or 

executor of Mark Barrett’s estate signed the Articles of Dissolution. 

86. No documents were filed with the Secretary of State indicating that anyone other 

than Mark Barrett signed the Articles of Dissolution. 

87. Upon information and belief, the signature of Mark Barrett on the Articles of 

Dissolution was fraudulent. 

88. Upon information and belief, Mark Barrett’s widow, VERONICA C. BARRETT, 

signed the Articles of Dissolution and/or had knowledge that the signature on the Articles of 

Dissolution was fraudulent. 

89. Upon information and belief, Defendant, VERONICA C. BARRETT, distributed 

the assets of Defendant, BLUE OCEAN TACKLE, INC., and formed its successor-in-interest, 

Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC. 

90. Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC, is the successor-ininterest to Defendant, BLUE OCEAN TACKLE, INC., by virtue of being a mere continuation 

after the death of Mark Barrett, and through the purchase and/or acquisition of the assets of 

Defendant, BLUE OCEAN TACKLE, INC., by Defendant, BLUE OCEAN MARINE 

EQUIPMENT, LLC. 

91. Upon information and belief, the actions of Defendant, VERONICA C. BARRETT, 

were done independently and/or in the course and scope of her employment with Defendant, BLUE 

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OCEAN TACKLE, INC., and/or its successor-in-interest, Defendant, BLUE OCEAN MARINE 

EQUIPMENT, LLC. 

92. Defendant, BLUE OCEAN TACKLE, INC., sold, supplied, distributed, marketed, 

packaged, and/or sold the Buoy. 

93. The Buoy was structurally compromised, had inferior shell thickness, and did not 

have an internal rod backing support, which led to a separating crack that caused the Barge to 

break free from the Buoy during the storm. 

94. The Buoy failed during a storm event with estimated wind speeds of 43 to 52 knots, 

which should not have been out of the range of the Buoy’s capabilities. 

95. As a result, the Barge was a total loss. 

96. Plaintiffs, CERTAIN UNDERWRITERS, have been damaged in the amount of 6.9 

million dollars for the constructive total loss of the Barge, less $15,000 recovered for salvage 

value, and $2,254,517.30 for wreck removal and associated pollution mitigation for a total of 

$9,139,517.30 (Nine Million One Hundred Thirty-Nine Thousand Five Hundred Seventeen 

Dollars and Thirty Cents). 

WHEREFORE, Plaintiffs, CERTAIN UNDERWRITERS SUBSCRIBING TO POLICY 

NUMBERS OMH-3484819, OBR 10014587201, B5JH85661, VCF2002512, and 

AT4769A20MZA, as subrogee of NORTHLINE SEAFOODS LLC, demand judgment against 

Defendant, VERONICA C. BARRETT, in the amount of $9,139,517.30 (Nine Million One 

Hundred Thirty-Nine Thousand Five Hundred Seventeen Dollars and Thirty Cents), plus pre and 

post-judgment interest, and its Court costs, and for all other relief deemed proper and just by this 

Court. 

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COUNT VI- FRAUD 

(STEPHANIE C. GUTIERREZ) 

(In the Alternative) 

97. Plaintiffs, CERTAIN UNDERWRITERS, reincorporate and reallege paragraphs 1 

– 44 as though fully set forth herein. 

98. Defendant, BLUE OCEAN TACKLE, INC., was formed in Florida by Mark Barrett 

in 2016. 

99. Defendant, VERONICA C. BARRETT, was the spouse of Mark Barrett. 

100. Unfortunately, upon information and belief, Mark Barrett passed away on or around 

September 14, 2020. See, Exhibit 8. 

101. On November 17, 2020, Defendant, BLUE OCEAN TACKLE, INC., was 

voluntarily dissolved. 

102. The Articles of Dissolution state at the bottom before the signature line: “I submit 

this document and affirm that the facts stated herein are true. I am aware that any false information 

submitted in a document to the Department of State constitutes a third degree felony as provided 

for in section 817.155, Florida Statutes.” See, Exhibit 9. 

103. The Articles of Dissolution for Defendant, BLUE OCEAN TACKLE, INC., was 

electronically signed by Mark Barrett on November 17, 2020. See, Exhibit 9. 

104. Mark Barrett could not have signed the Articles of Dissolution for Defendant, 

BLUE OCEAN TACKLE, INC., if he was deceased on September 14, 2020. 

105. No documents were filed with the Secretary of State indicating that an agent or 

executor of Mark Barrett’s estate signed the Articles of Dissolution. 

106. No documents were filed with the Secretary of State indicating that anyone other 

than Mark Barrett signed the Articles of Dissolution. 

Case 0:22-cv-61613-RS Document 1 Entered on FLSD Docket 08/29/2022 Page 17 of 22
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107. Upon information and belief, the signature of Mark Barrett on the Articles of 

Dissolution was fraudulent. 

108. Upon information and belief, Defendant, STEPHANIE C. GUTIERREZ, signed 

the Articles of Dissolution and/or had knowledge that the signature on the Articles of Dissolution 

was fraudulent. 

109. Upon information and belief, Defendant, VERONICA C. BARRETT, distributed 

the assets of Defendant, BLUE OCEAN TACKLE, INC., and formed its successor-in-interest, 

Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC. 

110. Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC, is the successor-ininterest to Defendant, BLUE OCEAN TACKLE, INC., by virtue of being a mere continuation 

after the death of Mark Barrett, and through the purchase and/or acquisition of the assets of 

Defendant, BLUE OCEAN TACKLE, INC., by Defendant, BLUE OCEAN MARINE 

EQUIPMENT, LLC. 

111. On or about April 8, 2021, Defendant, STEPHANIE GUTIERREZ, was listed as 

the EVP of Defendant, BLUE OCEAN MARINE EQUIPMENT LLC, and on the company’s 

annual report for 2022. 

112. Upon information and belief, the actions of Defendant, STEPHANIE C. 

GUTIERREZ, were done independently and/or in the course and scope of her employment with 

Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC, the successor-in-interest to Defendant, 

BLUE OCEAN TACKLE, INC. 

113. Defendant, BLUE OCEAN TACKLE, INC., sold, supplied, distributed, marketed, 

packaged, and/or sold the Buoy. 

114. The Buoy was structurally compromised, had inferior shell thickness, and did not 

Case 0:22-cv-61613-RS Document 1 Entered on FLSD Docket 08/29/2022 Page 18 of 22
19 

have an internal rod backing support, which led to a separating crack that caused the Barge to 

break free from the Buoy during the storm. 

115. The Buoy failed during a storm event with estimated wind speeds of 43 to 52 knots, 

which should not have been out of the range of the Buoy’s capabilities. 

116. As a result, the Barge was a total loss. 

117. Plaintiffs, CERTAIN UNDERWRITERS, have been damaged in the amount of 6.9 

million dollars for the constructive total loss of the Barge, less $15,000 recovered for salvage 

value, and $2,254,517.30 for wreck removal and associated pollution mitigation for a total of 

$9,139,517.30 (Nine Million One Hundred Thirty-Nine Thousand Five Hundred Seventeen 

Dollars and Thirty Cents). 

WHEREFORE, Plaintiffs, CERTAIN UNDERWRITERS SUBSCRIBING TO POLICY 

NUMBERS OMH-3484819, OBR 10014587201, B5JH85661, VCF2002512, and 

AT4769A20MZA, as subrogee of NORTHLINE SEAFOODS LLC, demand judgment against 

Defendant, STEPHANIE C. GUTIERREZ, in the amount of $9,139,517.30 (Nine Million One 

Hundred Thirty-Nine Thousand Five Hundred Seventeen Dollars and Thirty Cents), plus pre and 

post-judgment interest, and its Court costs, and for all other relief deemed proper and just by this 

Court. 

COUNT VII – FRAUD AFTER-THE-FACT 

(STEPHANIE C. GUTIERREZ) 

118. Plaintiffs, CERTAIN UNDERWRITERS, reincorporate and reallege paragraphs 1 

– 44 as though fully set forth herein. 

119. Defendant, BLUE OCEAN TACKLE, INC., was formed in Florida by Mark Barrett 

in 2016. 

120. Defendant, VERONICA C. BARRETT, was the spouse of Mark Barrett. 

Case 0:22-cv-61613-RS Document 1 Entered on FLSD Docket 08/29/2022 Page 19 of 22
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121. Unfortunately, upon information and belief, Mark Barrett passed away on or around 

September 14, 2020. See, Exhibit 8. 

122. On November 17, 2020, Defendant, BLUE OCEAN TACKLE, INC., was 

voluntarily dissolved. 

123. The Articles of Dissolution state at the bottom before the signature line: “I submit 

this document and affirm that the facts stated herein are true. I am aware that any false information 

submitted in a document to the Department of State constitutes a third degree felony as provided 

for in section 817.155, Florida Statutes.” See, Exhibit 9. 

124. The Articles of Dissolution for Defendant, BLUE OCEAN TACKLE, INC., was 

electronically signed by Mark Barrett on November 17, 2020. See, Exhibit 9. 

125. Mark Barrett could not have signed the Articles of Dissolution for Defendant, 

BLUE OCEAN TACKLE, INC., if he was deceased on September 14, 2020. 

126. No documents were filed with the Secretary of State indicating that an agent or 

executor of Mark Barrett’s estate signed the Articles of Dissolution. 

127. No documents were filed with the Secretary of State indicating that anyone other 

than Mark Barrett signed the Articles of Dissolution. 

128. Upon information and belief, the signature of Mark Barrett on the Articles of 

Dissolution was fraudulent. 

129. Upon information and belief, Defendant, STEPHANIE C. GUTIERREZ, had 

knowledge that the signature on the Articles of Dissolution was fraudulent after-the-fact. 

130. Upon information and belief, Defendant, VERONICA C. BARRETT, distributed 

the assets of Defendant, BLUE OCEAN TACKLE, INC., and formed its successor-in-interest, 

Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC. 

Case 0:22-cv-61613-RS Document 1 Entered on FLSD Docket 08/29/2022 Page 20 of 22
21 

131. Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC, is the successor-ininterest to Defendant, BLUE OCEAN TACKLE, INC., by virtue of being a mere continuation 

after the death of Mark Barrett, and through the purchase and/or acquisition of the assets of 

Defendant, BLUE OCEAN TACKLE, INC., by Defendant, BLUE OCEAN MARINE 

EQUIPMENT, LLC. 

132. On or about April 8, 2021, Defendant, STEPHANIE C. GUTIERREZ, was listed 

as the EVP of Defendant, BLUE OCEAN MARINE EQUIPMENT LLC, and on the company’s 

annual report for 2022. 

133. Upon information and belief, the actions of Defendant, STEPHANIE C. 

GUTIERREZ, were done independently and/or in the course and scope of her employment with 

Defendant, BLUE OCEAN MARINE EQUIPMENT, LLC, the successor-in-interest of Defendant, 

BLUE OCEAN TACKLE, INC. 

134. Defendant, BLUE OCEAN TACKLE, INC., sold, supplied, distributed, marketed, 

packaged, and/or sold the Buoy. 

135. The Buoy was structurally compromised, had inferior shell thickness, and did not 

have an internal rod backing support, which led to a separating crack that caused the Barge to 

break free from the Buoy during the storm. 

136. The Buoy failed during a storm event with estimated wind speeds of 43 to 52 knots, 

which should not have been out of the range of the Buoy’s capabilities. 

137. As a result, the Barge was a total loss. 

138. Plaintiffs, CERTAIN UNDERWRITERS, have been damaged in the amount of 6.9 

million dollars for the constructive total loss of the Barge, less $15,000 recovered for salvage 

value, and $2,254,517.30 for wreck removal and associated pollution mitigation for a total of 

Case 0:22-cv-61613-RS Document 1 Entered on FLSD Docket 08/29/2022 Page 21 of 22
22 

$9,139,517.30 (Nine Million One Hundred Thirty-Nine Thousand Five Hundred Seventeen 

Dollars and Thirty Cents). 

WHEREFORE, Plaintiffs, CERTAIN UNDERWRITERS SUBSCRIBING TO POLICY 

NUMBERS OMH-3484819, OBR 10014587201, B5JH85661, VCF2002512, and 

AT4769A20MZA, as subrogee of NORTHLINE SEAFOODS LLC, demand judgment against 

Defendant, STEPHANIE C. GUTIERREZ, in the amount of $9,139,517.30 (Nine Million One 

Hundred Thirty-Nine Thousand Five Hundred Seventeen Dollars and Thirty Cents), plus pre and 

post-judgment interest, and its Court costs, and for all other relief deemed proper and just by this 

Court. 

DEMAND FOR JURY TRIAL 

 Plaintiffs, CERTAIN UNDERWRITERS SUBSCRIBING TO POLICY NUMBERS 

OMH-3484819, OBR 10014587201, B5JH85661, VCF2002512, and AT4769A20MZA, as 

subrogee of NORTHLINE SEAFOODS LLC, demand a jury trial on all issues so triable. 

 Respectfully submitted, 

MCLEOD BROCK LAW, PLLC 

 

LINDSEY C. BROCK III, ESQ. 

Fla. Bar #971669 

Primary E-Mail: lindsey@mcleodbrock.com 

Secondary E-Mail: jennifer@mcleodbrock.com

9995 Gate Parkway North, Ste. 400 

Jacksonville, Florida 32246 

(904) 996-1100 Office Telephone 

(904) 996-1120 Facsimile 

Attorneys for Plaintiffs, CERTAIN UNDERWRITERS 

SUBSCRIBING TO POLICY NUMBERS OMH3484819, OBR 10014587201, B5JH85661, VCF2002512, 

and AT4769A20MZA, as subrogee of NORTHLINE 

SEAFOODS LLC 

Case 0:22-cv-61613-RS Document 1 Entered on FLSD Docket 08/29/2022 Page 22 of 22