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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

IN ADMIRALTY

CASE NUMBER: 

IN THE MATTER OF:

BV CHARTERS, LLC, as Owner, and 

MB RENTAL, LLC, as owner Pro Hac Vice,

of the M/Y Iris, a 2006 39’ Meridian Yacht 

bearing Hull Identification Number 

MDNH6019B606, its Engines, Tackle, 

Appurtenances, Equipment, Etc., 

in a cause for Exoneration from or 

Limitation of Liability,

Petitioners.

 /

JOINT PETITION FOR 

EXONERATION FROM OR LIMITATION OF LIABILITY

Petitioners, BV CHARTERS, LLC, as Owner, and MB RENTAL, LLC, as 

Owner Pro Hac Vice of the M/Y Iris, a 2006 39’ Meridian Yacht bearing Hull 

Identification Number MDNH6019B606, its Engines, Tackle, Appurtenances, 

Equipment, Etc., pursuant to Supplement Rule F of the Federal Rules of Civil 

Procedure, 46 USC § 30501 et seq., and Local Admiralty Rule F file their Joint 

Petition for Exoneration from or Limitation of Liability, and allege as follows:

1. This Petition sets forth an admiralty and maritime claim within the 

meaning of Supplemental Rule 9(h) and Local Admiralty Rule F.

2. Jurisdiction is proper pursuant to 28 U.S.C. § 1333 and 46 U.S.C §

30501, et seq.

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3. The M/Y Iris, a 2006 39’ Meridian Yacht bearing Hull Identification 

Number MDNH6019B606, its Engines, Tackle, Appurtenances, Equipment, Etc., is 

a seagoing vessel per 46 U.S.C. § 30506(a).

4. At all times material hereto, Petitioner, BV Charters, LLC, was the

owner of the Vessel Iris.

5. At all times material hereto, Petitioner, MB Rental, LLC, was the 

owner, pro hac vice, of the Vessel Iris.

6. This Complaint is filed within six (6) months of Petitioners’ receipt of

first written notice of a possible claim against them, arising from the subject incident 

and subject to exoneration from or limitation of liability.

7. Venue is proper pursuant to Supplemental Rule F(9) because the

incident giving rise to potential claims of liability against Petitioners occurred within

this Court’s jurisdiction and because the vessel is and remains within this district.

8. On or about April 28, 2022, Danielys Hernandez was a mate aboard the 

Iris in Florida territorial waters near Miami-Dade County, Florida, and allegedly 

sustained injury to her body.

9. The following person, as of this date, has asserted claims against 

Petitioners as a result of the incident of April 28, 2022:

a. Danielys Hernandez

10. At all times material hereto, the Iris was seaworthy, properly and 

efficiently manned, supplied, equipped, and furnished; and well and sufficiently fitted 

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and supplied with suitable machinery, tackle, apparel and appliances, all in good 

order and condition and suitable for the use for which it was engaged.

11. The Incident and any ensuing property loss, damages, personal injury,

death, and/or casualty were not caused by Petitioners’ fault, or any person for whose

actions Petitioners are responsible. Neither Petitioners nor the Vessel Iris are liable 

to any extent, and Petitioners are entitled to exoneration from liability from all losses, 

damages, and injury, occasioned and incurred by or as a result of the Incident.

12. Alternatively, and without admitting liability, Petitioners allege that in 

the event they or the Vessel Iris should be held at fault to any parties by reason of 

the Incident set forth above, Petitioners claim such fault was occasioned and occurred 

without the privity or knowledge of Petitioners or any of their members, managers, 

directors, officers, stockholders, or any persons whose actions Petitioners are 

responsible, at or before the Incident.

13. The Vessel’s post-incident value is appraised at $195,400. There was no

pending freight at the voyage termination. See Ad Interim Stipulation for Costs and

Value, filed concurrently with this action.

14. Subject to an express reservation of rights, Petitioners file

contemporaneously herewith an Ad Interim Stipulation for Costs and Value in the

appropriate form, offering stipulation of the Vessel’s value as security to be approved 

by the Court.

15. Should the Court require it, Petitioners are prepared to give bond or

stipulation for any amount as may be ascertained and determined to be necessary

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under orders of this Court, and as provided by the laws of the United States and

Federal Rules of Civil Procedure.

WHEREFORE, Petitioners respectfully request:

a. Upon filing the Ad Interim Stipulation for Costs and Value herein described,

this Court issue a notice to all persons, firms or corporations asserting claims

for any and all losses, damages, injuries, or destruction with respect to which

Petitioners seek exoneration from or limitation of liability admonishing them

to file their respective claims with the Clerk of this Court and to serve on

Petitioners’ attorneys a copy thereof, on or before the date specified in the

notice;

b. Upon filing the Ad Interim Stipulation for Costs and Value herein described, 

this Court issue an injunction, per Supplemental Rule F(3), restraining the

commencement or prosecution of any action or proceeding of any kind against

Petitioners, their underwriters, or any of their property with respect to any

claim for which Petitioners seek limitation, including any claim arising out of

or connected with any loss, damage, injuries or destruction resulting from the

Incident described in the Complaint;

c. If any claimant who filed a claim shall also file an exception contesting the

value of the Vessel or its pending freight, if any, as alleged herein, and the

amount of the Ad Interim Stipulation for Costs and Value, this Court shall

order an appraisement of the value of the Vessel following the loss, the value 

of Petitioners’ interest therein and pending freight, if any, per Local Admiralty 

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Rule F3, and enter an Order for the filing of an amended stipulation for the 

aggregate value, as so determined, if any;

d. This Court adjudge Petitioners and the Vessel, and its owners, masters, crew, 

employees, and agents, not liable whatsoever for any losses, damages, injuries 

or destruction, or for any claim whatsoever done, occasioned or incurred as the 

result of the Incident; or, in the alternative, if the Court should adjudge that 

Petitioners are liable in any amount whatsoever, that said liability may be 

limited to the value of Petitioners’ interest in the Vessel Iris, and may be 

divided pro rata among such claimants; and that a judgment be entered 

discharging Petitioners and the Vessel Iris of and from any and all further 

liability and forever enjoining and prohibiting the filing or prosecution of any 

claims against Petitioners or their property as result of or in connection with 

the Incident; and

e. This Court grant Petitioners such other and further relief that justice may 

require.

Dated: November 29, 2022 

McALPIN TANNER MARCOTTE, P.A.

80 Southwest 8th Street, Suite 2805

Miami, Florida 33130

Telephone: 305-810-5400

Facsimile: 305-810-5401

By: /s/ Richard J. McAlpin 

RICHARD J. McALPIN 

Florida Bar No.: 438420

rmcalpin@mtm-legal.com

DANIEL SCOTT MARCOTTE 

Florida Bar No.: 52314

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dmarcotte@mtm-legal.com

Attorneys for BV Charters, LLC

and

HAMILTON, MILLER & BIRTHISEL, LLP

150 Southeast Second Avenue, Suite 1200

Miami, Florida 33131-2332

Telephone: 305-379-3686

Facsimile: 305-379-3690

/s/ Elisha M. Sullivan 

Jerry D. Hamilton, Esq.

Florida Bar No. 970700

jhamilton@hamiltonmillerlaw.com

Charlotte P. Zubizarreta, Esq.

Florida Bar No. 100097

czubizarreta@hamiltonmillerlaw.com

Elisha M. Sullivan, Esq.

Florida Bar No. 0057559

esullivan@hamiltonmillerlaw.com

Attorneys for MB Rental, LLC

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on November 29, 2022 I electronically filed the 

foregoing document with the Clerk of the Court using CM/ECF. 

By: /s/ Richard J. McAlpin

Richard J. McAlpin

 

 

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