JANSSEN, SIRACUSA & KEEGAN PLLC

120 S. Olive Avenue, Suite 504 * West Palm Beach, FL 33401

Telephone (561) 420-0583 * Facsimile (561) 420-0576

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

IN ADMIRALTY

CASE NO.:

ITOW.BOATS, LLC,

Plaintiff,

vs.

M/V EMPIRE III, a 2005 50’ Azimut Motor 

Vessel, her engines, tackle, equipment, 

apparel, appurtenances, etc., in rem; and THE 

EMPIRE YACHTZ, LLC, 

Defendants.

_____________________________________/

VERIFIED COMPLAINT

Plaintiff, ITOW.BOATS, LLC (“PLAINTIFF”) hereby sues M/V EMPIRE III, a 2005 50’ 

Azimut motor vessel, her engines, tackle, equipment, apparel, appurtenances, etc., in rem (“M/V 

EMPIRE”); and THE EMPIRE YACHTZ, LLC (“EMPIRE YACHTZ”), in personam, and states:

JURISDICTION & VENUE

1. This is a cause within the admiralty and maritime jurisdiction of this Honorable Court 

founded upon Article III of the United States Constitution and within the meaning of Rule 9(h) of 

the Federal Rules of Civil Procedure, and further pursuant to 28 USC §§1333 and 80107.

2. Venue for this action is proper in the Southern District of Florida pursuant to 28 

U.S.C. § 1391(b).

Case 0:22-cv-61743-WPD Document 1 Entered on FLSD Docket 09/16/2022 Page 1 of 7
CASE NO.:

Complaint 

2

JANSSEN, SIRACUSA & KEEGAN PLLC

120 S. Olive Avenue, Suite 504 * West Palm Beach, FL 33401

Telephone (561) 420-0583 * Facsimile (561) 420-0576

3. Pursuant to Local Rule E(3) entitled Special Requirements For Salvage Actions, the 

value of the M/V EMPIRE and other property salvaged has not yet been determined with certainty, 

but is believed to be in excess of $100,000.00.

4. Pursuant to Local Rule E(3) entitled Special Requirements For Salvage Actions, 

PLAINTIFF claims a liberal salvage award based on the high order salvage it performed in an amount 

not less than $100,000.00 as well as attorneys' fees, costs and prejudgment interest.

5. Pursuant to Local Rule E(3) entitled Special Requirements For Salvage Actions,

this action is commenced on behalf of the principal salvor, PLAINTIFF; the only salvor 

participating in the salvage of the M/V EMPIRE.

PARTIES

6. PLAINTIFF is a limited liability company organized and existing under the laws of 

the State of Florida with its principal place of business in Miami, Florida, and at all times material 

hereto was engaged in the business of rendering professional marine salvage services.

7. M/V EMPIRE is a 2005 50’ foot Azimut motor vessel. Upon information and belief, 

the M/V EMPIRE is or will be during the pendency of the process herein, within the Southern District 

of Florida and within the jurisdiction of this Court.

8. EMPIRE YACHTZ is a limited liability company organized and existing under the 

laws of the State of Florida with its principal place of business in Miramar, Florida. 

9. At all times material, EMPIRE YACHTZ was engaged in the business of owning, 

operating and managing the vessel M/V EMPIRE as a charter vessel.

GENERAL ALLEGATIONS

10. On or about May 21, 2022, the M/V EMPIRE began spilling diesel fuel from her tank 

into her engine compartment and bilges in Aventura, Florida.

Case 0:22-cv-61743-WPD Document 1 Entered on FLSD Docket 09/16/2022 Page 2 of 7
5

JANSSEN, SIRACUSA & KEEGAN PLLC

120 S. Olive Avenue, Suite 504 * West Palm Beach, FL 33401

Telephone (561) 420-0583 * Facsimile (561) 420-0576

11. At all times material, the M/V EMPIRE was moored in the vicinity of the Biscayne 

Aquatic Preserve in Aventura, Florida.

12. At 7:28 PM on May 21, 2022, the M/V EMPIRE became disabled and was in 

jeopardy of spilling diesel fuel into the Biscayne Aquatic Preserve, and causing substantial 

environmental damage.

13. As part of its continuous watch-standing duties, PLAINTIFF received a report of the 

vessel 's distress, and PLAINTIFF’s salvage crew immediately got underway in a fast salvage vessel 

to the M/V EMPIRE’s location.

14. PLAINTIFF was the first and only resource that responded to the M/V EMPIRE’s 

location in a timely manner.

15. PLAINTIFF arrived at the scene and determined the M/V EMPIRE was in a position 

of peril.

16. Acting without any obligation otherwise, PLAINTIFF staged a salvage operation,

successfully secured M/V EMPIRE from her position of peril, provided environmental mitigation, 

prevention and/or clean-up of diesel fuel in the Biscayne Aquatic Preserve through the deployment 

of boom and sorbent materials. PLAINTIFF additionally removed diesel fuel from the M/V

EMPIRE’s fuel tank, vessel engine room and bilges. 

17. PLAINTIFF rendered its salvage services on a no-cure/no-pay basis.

COUNT I - CLAIM FOR SALVAGE AWARD

(In Rem – M/V EMPIRE)

18. This is an action by PLAINTIFF against M/V EMPIRE for salvage award, the subject 

matter of which exceeds $50,000.00 exclusive of interest, costs and attorney’s fees.

19. PLAINTIFF re-alleges and re-avers the allegations contained in paragraphs 1 

Case 0:22-cv-61743-WPD Document 1 Entered on FLSD Docket 09/16/2022 Page 3 of 7
CASE NO.:

Verified Complaint 

4

JANSSEN, SIRACUSA & KEEGAN PLLC

120 S. Olive Avenue, Suite 504 * West Palm Beach, FL 33401

Telephone (561) 420-0583 * Facsimile (561) 420-0576

through 17 above, with the same force and effect as if fully restated and set forth herein. 

20. The salvage services rendered by PLAINTIFF resulted in the successful removal of 

the M/V EMPIRE from her position of peril.

21. PLAINTIFF voluntarily rendered salvage services and had no pre-existing duty or 

obligation to do so.

22. PLAINTIFF by virtue of having voluntarily and successfully delivered the M/V 

EMPIRE from her condition of peril is entitled to a salvage award.

23. The salvage services rendered by PLAINTIFF were of the highest order.

24. Although PLAINTIFF has demanded a salvage award from the DEFENDANTS 

and/or their representatives, no payment has been received for these services. Thus, PLAINTIFF 

has been forced to retain the services of the undersigned’s law firm and is obligated to pay a 

reasonable fee for their services.

COUNT II - CLAIM FOR SALVAGE AWARD

(In Personam – EMPIRE YACHTZ)

25. This is an action by PLAINTIFF against EMPIRE YACHTZ for salvage award, the 

subject matter of which exceeds $50,000.00 exclusive of interest, costs and attorney’s fees.

26. PLAINTIFF re-alleges and re-avers the allegations contained in paragraphs 1 

through 17 above, with the same force and effect as if fully restated and set forth herein. 

27. Pursuant to the General Maritime Law, EMPIRE, as owner of the M/V EMPIRE is 

liable, in personam, for the salvage services rendered by PLAINTIFF.

COUNT III - CLAIM FOR EXPENSES ATTENDANT TO SALVAGE

28. This is an action by PLAINTIFF against DEFENDANTS for expenses attendant to 

salvage, the subject matter of which exceeds $50,000.00 exclusive of interest, costs and attorney’s 

Case 0:22-cv-61743-WPD Document 1 Entered on FLSD Docket 09/16/2022 Page 4 of 7
CASE NO.:

Verified Complaint 

5

JANSSEN, SIRACUSA & KEEGAN PLLC

120 S. Olive Avenue, Suite 504 * West Palm Beach, FL 33401

Telephone (561) 420-0583 * Facsimile (561) 420-0576

fees.

29. PLAINTIFF re-alleges and re-avers the allegations contained in paragraphs 1 

through 17 above, with the same force and effect as if fully restated and set forth herein. 

30. Following the salvage of the M/V EMPIRE, the casualty Vessel remained at her 

mooring in Fort Lauderdale, Florida.

31. PLAINTIFF was under a legal compulsion to take appropriate measures to protect 

and preserve the Casualty until such time as it was able to re-deliver the vessel to its owner.

32. PLAINTIFF incurred expenses attendant to its caring for the casualty until such time 

as it was able to re-deliver the vessel to its owner.

33. As best as can now be calculated these expenses total in aggregate approximately

$10,000.00.

COUNT IV - CLAIM FOR ATTORNEYS’ FEES AND COSTS

34. This is an action by PLAINTIFF against DEFENDANTS for attorney’s fees and 

costs, the subject matter of which exceeds $5,000.00 exclusive of interest, costs and attorney’s fees.

35. PLAINTIFF re-alleges and re-avers the allegations contained in paragraphs 1 

through 17 above, with the same force and effect as if fully restated and set forth herein. 

36. That the M/V EMPIRE was moored in the vicinity of the Biscayne Aquatic Preserve 

are facts which cannot be reasonably disputed. 

37. That PLAINTIFF promptly extricated the M/V EMPIRE from its position of peril is 

a fact which cannot be reasonably disputed.

38. That PLAINTIFF rendered its services voluntarily is a fact which cannot be 

reasonably disputed.

39. Thus, the DEFENDANTS’ and/or their agents’ failure and refusal to concede that 

Case 0:22-cv-61743-WPD Document 1 Entered on FLSD Docket 09/16/2022 Page 5 of 7
CASE NO.:

Verified Complaint 

6

JANSSEN, SIRACUSA & KEEGAN PLLC

120 S. Olive Avenue, Suite 504 * West Palm Beach, FL 33401

Telephone (561) 420-0583 * Facsimile (561) 420-0576

salvage services were rendered is in bad faith and lacking in all factual or legal bases making an 

award of attorneys' fees and costs to PLAINTIFF just, appropriate and consistent with the tenets of 

the General Maritime Law's treatment of salvors and salvage claims.

WHEREFORE, Plaintiff, ITOW.BOATS, LLC, respectfully requests this Honorable Court:

a. Issue a warrant for the arrest of the M/V EMPIRE, citing it and all persons claiming 

any interest therein to appear and answer under oath the matters aforesaid; 

b. Order that ITOW.BOATS, LLC has a maritime lien upon the M/V EMPIRE for 

salvage and that such lien is superior to the interest, liens and/or claims of any and all persons, firms 

or corporations whatsoever, and that such lien be foreclosed in accordance with the law and the 

vessel be condemned and sold in payment of the amount due for the salvage award and all other 

sums owed; 

c. Enter judgment for ITOW.BOATS, LLC and against M/V EMPIRE in rem, and THE 

EMPIRE YACHTZ., LLC, in personam, for the amount of the salvage award, attorney’s fees, costs 

and interest due, and that such lien be foreclosed in accordance with the law and that the vessel be 

condemned and sold in payment of the amount due and all other such sums owed;

d. Order that ITOW.BOATS, LLC be permitted to bid its judgment against the M/V 

EMPIRE at a United States Marshal’s Sale; and 

e. Grant any further relief the Court may deem just, equitable and proper.

Dated: September 16, 2022.

[Signature Page follows]

Case 0:22-cv-61743-WPD Document 1 Entered on FLSD Docket 09/16/2022 Page 6 of 7
CASE NO.:

Verified Complaint 

7

JANSSEN, SIRACUSA & KEEGAN PLLC

120 S. Olive Avenue, Suite 504 * West Palm Beach, FL 33401

Telephone (561) 420-0583 * Facsimile (561) 420-0576

JANSSEN, SIRACUSA & KEEGAN, PLLC

Counsel for Plaintiff, Itow.Boats, LLC

120 S. Olive Avenue, Suite 504 West 

Palm Beach, FL 33401 

Telephone (561) 420-0583

Facsimile (561) 420-0576

Email: jjanssen@jasilaw.com

Email: jsiracusa@jasilaw.com

By: __ John M. Siracusa______________

JOSEPH W. JANSSEN, III

Florida Bar No. 160067 

JOHN M. SIRACUSA

Florida Bar No. 159670 MARK 

VERIFICATION

I declare under penalty of perjury of the laws of the United States of America the facts stated 

above are true and correct. 

Executed on this ____ day of September, 2022.

ITOW.BOATS, LLC

_______________________________________

Captain Jarvis Osorio, its Manager

Case 0:22-cv-61743-WPD Document 1 Entered on FLSD Docket 09/16/2022 Page 7 of 7