UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-81516-CV-MIDDLEBROOKS/MATTHEWMAN

In the Matter of the Complaint for Exoneration

From or Limitation of Liability by TOWBOAT ONE,

INC. as Owner of one 1999 23-foot aluminum vessel,

Hull Identification No.: SAMA1046H999, Florida

Registration No. FL9227LD,

Petitioner.

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ORDER ADOPTING REPORT AND RECOMMENDATION

THIS CAUSE comes before the Court on United States Magistrate William Matthewman’s 

Report and Recommendation (“Report”), entered July 5, 2023 (DE 90). Judge Matthewman’s 

Report concerns both Claimant’s Motion for Order Modifying Injunction (DE 38), filed February 

22, 2023, and Petitioner’s Motion for Leave to File its Third-Party Complaint or to Reframe the 

Parties (DE 62), filed May 8, 2023. I have conducted an independent de novo review of the Report 

and record as a whole, including the Limited Objection filed by Claimant, Christopher Dykes (DE 

93), on July 12, 2023, and Petitioner Towboat One, Inc.’s Response thereto (DE 94), filed July 19, 

2023. Having carefully considered this record, the briefing, and applicable law, I agree with Judge 

Matthewman’s findings and conclusions, and I find that the reasoning in the Report is accurate 

and thorough.

Accordingly, it is ORDERED AND ADJUDGED that:

1. Magistrate Judge William Matthewman’s Report & Recommendation (DE 90) is 

ADOPTED.

2. Christopher Dykes’ Objection (DE 93) is OVERRULED.

3. Petitioner’s Motion for Leave to File Third-Party Complaint against Christopher

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McDermott or Alternatively, Motion to Reframe the Parties (DE 62) is GRANTED 

IN PART AND DENIED IN PART, as set forth in the Report.

4. The Joint Stipulation Reframing the Parties (DE 89-1) is ADOPTED and the 

Parties shall be reframed as stated therein. The CLERK OF COURT IS 

DIRECTED to modify the case caption as set forth in DE 89-1 at pages 5-6 (and 

only after the re-captioning, stay and close the case as directed below).

5. The Motion for Order Modifying Injunction filed by Christopher Dykes as Personal 

Representative for the Estate of Robert Dykes (DE 38) is GRANTED IN PART 

AND DENIED IN PART, as set forth in the Report.

6. The Stipulations listed at DE 90, pages 7-8, are expressly adopted and approved.

7. This Court’s injunction (DE 7) is hereby modified to allow Estate of Dykes to 

proceed with the filing of a civil action in state court. Moreover, this federal case 

will be stayed pending the state court’s adjudication of Estate of Dykes’ claims.

8. During the pendency of the stay, the Parties SHALL FILE Joint Status Reports 

every 90 days to inform the Court of the status of the underlying state court 

proceedings.

9. Only after the Parties are reframed as set forth in paragraph 3 above, the Clerk of 

Court is DIRECTED to STAY THIS CASE. 

10. The Clerk of Court shall ADMINISTRATIVELY CLOSE THIS CASE.

11. Tow Boat One, Inc. may move to lift the stay and reopen this case at any time if 

Estate of Dykes is not adhering to the letter of the stipulations.

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12. All pending motions are DENIED AS MOOT.

SIGNED in Chambers at West Palm Beach, Florida, this 14th day of September, 2023.

Donald M. Middlebrooks

United States District Judge

cc: Magistrate Judge William Matthewman

Counsel of Record 

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