### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 40326

In re: In the Matter of the Complaint of RLB CONTRACTING, INCORP ORATED, as Owner of the Dredge “Jonathan King Boyd” and its Engine, Tackle, and Gear for Exoneration or Limitation of Liability,

------------------------------ RLB CONTRACTING, INCORP ORATED, as Owner of the Dredge “ Jonathan King Boyd ” and its Engine, Tackle, and Gear fo r Exoneration or Limitation of Liability,

Petitioner

- Appellant

v. MARK BUTLER, Individually and as Heir to the Estate of Sammi Butler; JOSEPH SIGLE, Individually and on behalf of BS, a minor child; LINDA BUTLER,

Claimants

- Appellees

Appeal from the United States District Court for the Southern District of Texas

Before DAVIS and HAY N ES, Circuit Judges

. *
PER CURIAM :

* This opinion is being entered by a quorum of this Court pursuant to 28 U.S.C. § 46. United States Court of Appeals Fifth Circuit 

### FILED December 3, 2014 Lyle W. Cayce Clerk Case: 14-40326 Document: 00512856802 Page: 1 Date Filed: 12/03/2014Petitioner

- Appellant RLB Contracting, Inc. (“RLB”) filed this action under the Limitation of Liability Act (“Limitation Act” or “Act”) , 46 U.S.C. § 30501 et seq. , seeking to limit its liability to $750,000, the value of the dredge
vessel , “Jonathan King Bo yd” (the “ V essel”), after a fatal allision between a fishing boat and the Vessel’s dredge pipe

. Claimants

- Appellees Mark Butler, Joseph Sigle, and Linda Butler ( collectively, “ the Butler s ”) , occupants or representatives of occupants of the fishing boat, had previously sued RLB in
Texas state court for personal injuries and property damage , and for the wrongful death of one occupant, Butler’s twelve

- year
- old daughter Sammi (“ S.B. ”). In response to RLB’s limitation action , the Butler s contended that
RLB ha d missed the Limitation Act ’s six

- month jurisdictional deadline for invoking the protections of the Act

. 1 After examining a series of letters exchanged between counsel for the parties, the district court agreed that , more than six months before RLB filed the limitation action, it had received written notice of a potential claim which had a “reasonable possibility” of exceeding the value of the dredge

. The court therefore granted the Butler s ’ motion for summary judgment and dismissed RLB’s action as time

- barred. Reviewing the district court’s ruling de novo , we affirm.

I. FACTS AND PROCEEDINGS A. Fishing boat accident On July 1, 2011, the Vessel was engaged in dredging operations near Anahuac in Chambers County, Texas. A fishing boat carrying Mark Butler, his son Joseph Sigle, Sigle’s son B.S., and Butler’s daughter S.B. , collided with a floating dredge pipe associated with the Vessel . All occupants of the fishing

1 See 46 U.S.C. § 30511(a) (2013) (“ The owner of a vessel may bring a civil action in a district court of the United States for limitation of liability under this chapter. The action must be brought within 6 months after a claimant gives the owner written notice of a claim. ”). Case: 14-40326 Document: 00512856802 Page: 2 Date Filed: 12/03/2014No. 14

- 40326 boat were thrown overboard, suffering various physical injuries, and S.B. was
killed. The Butler s contend that the dredge pipe was inadequately marked
and that RLB had negligently failed to post warnings of ongoing dredging operat ions. The Coast G uard initiated an investigation shortly after the
accident.
B. Legal proceedings
Mark Butler filed suit against RLB in Texas state court on June 14, 2012, and RLB was served with the state court petition on July 2. 2 RLB filed its
limitat ion of liability action in federal district court on December 28, 2012 , seeking to limit its liability to the $750,000 value of the Vessel

. The Butler s filed a motion to dismiss the limitation action as untimely, contending that RLB had received written notice of the claim more than six months prior to the time it filed the limitation action. According to the Butler s , their counsel had sent RLB’s counsel numerous emails between July 26, 2011,
and June 14, 2012, each of which addressed the Butler s ’ pendin g claim.
The case was referred to a magistrate judge who issued a Report and Recommendation (“R&R”) which concluded that , on the basis of those emails,
RLB had received the required notice and thus missed the six

- month window for filing a limitation action. The district court, after converting the Butler s ’
moti on to dismiss to a motion for summary judgment, adopted the R&R, granted summary judgment to the Butler s , and dismissed the limitation action
as time

- barred. C. Pre

- suit correspondence At the heart of this dispute is a series of letters , mostly exchanged via email, between RLB’s two lawyers , Andrew Schulz and Wayne Pickerin g , and

2 Sigle joined the suit on O ctober 24, 2012, on his own behalf and as next friend of B.S., and Linda Butler, S.B.’s mother, joined the suit as an additional plaintiff on December 12, 2012. 3 Case: 14-40326 Document: 00512856802 Page: 3 Date Filed: 12/03/2014No. 14

- 40326 Butler’s counsel, Frank Daniel. On July 26, 201 1, a few weeks after the accident, Daniel sent Schulz a letter via fax , informing him that Daniel had been retained by the Butler s

. 3 He asked Schulz for “any information [he] or [RLB] may have regarding the cause of the accident, in addition to all
witnes ses and interested parties.” He also made an overture toward settlement, informing Schulz that Daniel “would welcome the opportunity to discuss with [Schulz] [his] thoughts moving forward.” Finally, Daniel wrote that “[t]his letter will also serve as not ice to your client to preserve all evidence as listed in the attached notice.” An attachment to the letter , titled “Notice to RLB Contracting, Inc.,” gave Schulz and RLB “notice not to destroy, conceal or alter any paper or electronic files or other data. ” The attachment further noted that “failure to comply with this notice can result in severe sanctions being imposed by the Court {and liability in tort} for spoliation of evidence or potential evidence.” Daniel advised that he expected to obtain this ev idence “[t]hrough discovery.” Schulz responded to Daniel the same day via email. In it, he stated that because “the investigation [was] ongoing,

. . . any substantive information w[ould] remain part of [his firm’s] work product until the investigation [wa s] complete.” These references to “the investigation” meant the Coast Guard investigation of the accident. On August 19, 2011, Daniel sent Schulz an email stating that “it might
behoove [them] to seriously consider mediation before any lawsuit.” Daniel expressly based this recommendation on information that he had gathered about “the nature of the injuries, bystander claims, graphic photos, [and] the PTSD claims” of his clients and other witnesses, as well as from a meeting with

3 Schulz represents all claimants except Linda Butler , who is represented by Darwin Seidel. 4 Case: 14-40326 Document: 00512856802 Page: 4 Date Filed: 12/03/2014No. 14

- 40326 Linda Butler’s attorney. Daniel referenced the additional pain that his client s would have to endure “if [they] are forced to litigate and go through depositions.” On August 24, 2011, Schulz wrote to Daniel, rejecting his proposal to
mediate and noting that “any attempt to evalua te the case would be futile”
until the Coast Guard investigation was complete. Daniel wrote back the next day , reiterating th at mediation was their “ best option” as “i nvestigations will only tell us so much.” Schulz responded: “Okay. But I cannot imagin e a carrier just throwing out your number of $3M, without more, just to your clients.” He added that they could “keep the dialogue going.” There was another exchange of emails on October 28, primarily dealing with preservation of the fishing boat for any future litigation.
The record reflects no correspondence for the next seven months. Then,

o n May 30, 2012, Daniel sent one last mediation offer to Schulz, noting that , as the Coast Guard investig ator had released his report, Daniel “wanted to
check with [Schulz] one last time about pre

- suit mediation.” Schulz replied that he would check with Pickering and the “carrier” (presumably, RLB’s insurance carrier). Later that day, Daniel wrote to Schulz requesting a n RLB safety manual and a witness’s name in pr eparation for an y possible mediation.
He also advised Schulz that he would be taking a statement from a boater who
had allided with the dredge pipe on the same day as had his client. Finally,
Daniel ’s email addressed possible state and federal venues for the lawsuit. On June 8, 2012, Schulz received an email from Daniel that he had been instructed to file suit. 4 On June 14, Daniel wrote to Schulz and Pickering ,

4 The Butler s claim that RLB can be presumed to have received service on June 22, as a notice of suit to RLB from the Chambers County clerk’s office appears to state a mailing date of June 19. According to the Butler s , in Texas state court , service is compl ete as of mailing and may be presumed after “the three day grace period” in Federal Rule of Civil Procedure 6(d). This reasoning is unconvincing. The Butler s conflate service under the state 5 Case: 14-40326 Document: 00512856802 Page: 5 Date Filed: 12/03/2014No. 14

- 40326 advising them that the lawsuit would be heard “in the 253r d with Judge Cain” and indicating th at he would send a “courtesy copy of the file

- stamped petition.” ( There is no evidence in the record that Daniel actually sent the petition before RLB was served on July 2 , 2012

. )

II. ANALYSIS A. Standard of R eview A party who contends that a limitation action was not timely filed challenges the district court’s subject matter j urisdiction. 5 We review de novo
dismissals under Federal Rule of Civil Procedure 12(b)(1 ) for lack of subject matter jurisdiction

. 6 On issues involving jurisdiction, the district court may consider evidence outside the pleadings and resolve factual disputes. 7 We review p ure ly factual findings fo r clear error and mixed questions of law and fact de novo

. 8 RLB, as the party asserting jurisdiction, has the burden of proof. 9
B oth parties relied on evidence outside the pleadings, so the district

court converted Butler’s motion to dismiss into a motion for summary judgment under Federal Rule of Civil Procedure 12(d). We review summary

and federal rules of civil procedure with notice under the Limi tation Act. They cite no case holding that presumptive notice, rather than actual notice, is sufficient under that Act. More importantly , the Butler s did not press this theory before the district court, and therefore may raise it for the first time on ap peal. See Kinash v. Callahan , 129 F.3d 736, 739 n.10 (5th Cir. 1997) (“As a general rule, this Court does not review issues that are raised for the first time upon appeal.”).
5 In re Eckstein Marine Serv. L.L.C. , 672 F.3d 310, 31 5 (5th Cir. 2012).
6 See id. at 314.
7 See Freeman v. United States , 55 6 F.3d 326, 334 (5th Cir. 2009); see also Williamson v. Tucker , 645 F.2d 404, 413 (5th Cir. 1981) (“[N]o presumptive tru thfulness attaches to plaintiff’ s allegations, and the existence of disputed material fact s will not preclude the trial court from evaluating for itself the merits of jurisdictional claims.”)

. 8 In re Eckstein , 672 F.3d at 314; Complaint of Tom

- Mac, Inc. , 76 F.3d 678, 682 (5th Cir. 1996)

. 9 See In re Eckstein , 672 F.3d at 314. 6 Case: 14-40326 Document: 00512856802 Page: 6 Date Filed: 12/03/2014No. 14

- 40326 judgment rulings de novo , viewing evidence i n the light most favorable to the nonmoving party. 10 Summary judgment is warranted when there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. 11
We have made the general observation that R ule 12(b)(1) and Rule 56 diverge in their treatment of factual disputes. I n this case, however, neither the magistrate judge in the R&R , nor the district court in adopti ng it , made

any relevant factual findings. Furthermore, a review of the record reveals no
material factual disputes. Thus , the Rule 12(b)(1) and Rule 56 standards converge, and a straightforward de novo review applies.
B. Limitation of Liability Act
The Limitation Act “allows a vessel owner to limit liability for damage or injury

. . . to the value of the vessel or the owner’s interest in the vessel.” 12 To invoke the protections of the Act , the vessel owner must bring an action in district court “within 6 months after a claimant gives the owner written notice of a claim.” 13 This requirement is jurisdictional. 14 We have said that a communication qualifies as “written notice” if it “reveals a ‘reasonable possibility’ that the claim will exceed the value of the
vessel.” 15 This standard e vokes two inquiries: (1) whether the writing

10 See Flock v. Sc ripto

- Tokai Corp. , 319 F.3d 231, 236 (5th Cir. 2003).

11 Id.
12 Lewis v. Lewis & Clark Marine, Inc. , 531 U.S. 438, 446 (2001). A limitation action essentially establishes a limited fund equal to the value of the vessel and consolidates all potential claims before one federal district court. See id. at 448.
13 46 U.S.C. § 30511(a) (2013). This provision was previously codified at 46 U.S.C. app. § 185.
14 In re Eckstein , 672 F.3d at 315.
15 Id. at 317 . RLB relies on the multifactor test from Matter of Loyd W. Richardson Const. Co. , 850 F. Supp. 555, 557 (S.D. Tex. 1993) . However, we have consistently used the “reasonable possibility” test , and continue to do so here

. See In re Eckstein , 672 F.3d at 317; Billiot v. Dolphin Servs., Inc. , 225 F.3d 515, 518 (5th Cir. 2000); Complaint of Tom

- Mac, Inc. , 76 F.3d 678 , 683 (5th Cir. 1996). 7 Case: 14-40326 Document: 00512856802 Page: 7 Date Filed: 12/03/2014No. 14

- 40326 communicates the reasonable possibility of a claim, and (2) whether it
communicate s the reasonable possibility of damages in excess of the vessel’s value. Answering these questions requires a “f act

- intensive inquiry into the circumstances of the case.” 16 The purpose of the “reasonable possibility” standard is to place the burden of investigating potential claims on the vessel owner : The Limitation Act provides generous statutory protection to th e vessel owners who reap all of its benefits. When there is uncertainty as to whether a claim will exceed the vessel’s value, the reasonable possibility standard places the risk and the burdens associated with that risk on the owner. In other words, if “ doubt exists as to the total amount of the claims or as to whether they will exceed the value of the ship the owner will not be excused from satisfying the statutory time bar since he may institute a limitation proceeding even when the total amount claimed is uncertain.” 17
Assigning the risk of uncertainty to the vessel owner fits the purpose of
the six

- month limitation, which is “to require the shipowner to act promptly to gain the benefit of the statutory right to limit liability.” 18 Thus, “[o] nce a

reaso nable possibility has been raised, it becomes the vessel owner’s responsibility to initiate a prompt investigation and determine whether to file
a limitation action.” 19 We emphasize that the standard is a reasonable possibility , not a reasonable probability

. Although this standard “i s not toothless, it is also not particularly stringent. ” 20
We have said less about what a communication must contain to qualify

as such a written notice under the Act. A state court complaint clearly gives

16 In re Eckstein , 672 F.3d at 317.
17 Id. at 317

– 18 (quoting Complaint of Morania Barge No. 190, Inc. , 690 F.2d 32, 34 (2d Cir. 1982)).
18 Exxon Shipping Co. v. Cailleteau , 869 F.2d 843, 846 (5th Cir. 1989)

. 19 In re Eckstein , 672 F.3d at 317.
20 Id. 8 Case: 14-40326 Document: 00512856802 Page: 8 Date Filed: 12/03/2014No. 14

- 40326 notice of t he claim itself

. A demand need not express a specific quantum of damages so long as there is a reasonable possibility that a claim’s value will
exceed the value of the vessel. 21 This court has not, however, addressed what
is required for a written communi cation that is not a filed complaint to qualify
as notice. C. Written Notice As a threshold matter, to the extent that we have never explicitly held that a written communication may serve as notice under the Act in lieu of a filed complaint, we do so today

. 22 In this case, that presents three issues: (1) whether a series of letters, none of which constitutes notice on its own, may be considered together to find notice in the aggregate, (2) whether Daniel’s
letters convey a “reasonable possibility” of a pote ntial claim, and (3) whether
those letters establish a “reasonable possibility” that the amount of the claim might exceed the value of the Vessel

. 1. Aggregate Notice
The Butler s urge us to consider counsel Daniel’s letters “bundled together” and to evaluate the entire body of correspondence under the Act ’s “written notice” requirement

. The statutory text does not foreclose the

21 See id. at 317

– 19 (“[A] claimant need not prove or even specifically allege that his damages will exceed the value of the vessel in order to trigger the six month deadline. So long as the reasonable possibility standard has been met by the claimant’s allegations, the vessel owner bears the risk even if the total value of the claim is uncertain.” Id. at 319.). Thus, al though a claimant who affirmatively demands a lower amount does not trigger the six

- month period until he later amends his complaint to demand a higher figure, a vessel owner who has reason to know of “ other claims

. . . arising out of the same occurrence [that] may exceed the value of his ship” is still on notice from the start. Id. at 319 (emphasis added) (quoting Exxon Shi pping , 869 F.2d at 846); see also, e.g. , Complaint of Morania Barge , 690 F.2d at 34

– 35.
22 See In re Marquette Transp. Co., L.L.C. , 524 F. App’x 989, 992

– 93 (5th Cir. 2013) (per curiam) (unpublished); see also Complaint of Beesley’ s Point Sea

- Doo, Inc. , 956 F. Supp. 538, 540 (D.N.J. 1997)) (“ It is well settled that letters sent by claimants to vessel owners may, in some circumstances, constitute notice sufficient to trigger the six

- month rule under the Act.” ). 9 Case: 14-40326 Document: 00512856802 Page: 9 Date Filed: 12/03/2014No. 14

- 40326 possibility of aggregate notice; it only requires the claimant to give “the owner written notice,” not a written notice. 23 I n fact , s ome district courts, including one in this circuit, have considered a body of correspondence rather than each of its individual constituent parts in a vacuum

. 24 Moreover, from a practical standpoint, it makes sense to do so. In
situations like t his one, in which the vessel owner and the putative claimant corresponded over time, it is natural for individual letters to focu s narrowly on specific subjects and for later letters to assume knowledge of the contents of previous letters. Considering the correspondence as a whole better approximates what the vessel owner , as the recipient of all of the writings,
should have thought was a “reasonable possibility” of a potential claim and its
value

. Furthermore, it would be an artificial exercise to require a claimant who did engage in a le ngthy correspondence to designate the single most favorable writing from the series as the written notice. Far better for the record to reflect what actually occurred and for the district court to make its ruling a ccordingly. Thus, we shall consider whether the entire series of letters satisfies the

“ reasonable possibility” requirement

. 2. “Reasonable P ossibility” of Potential C laim
We have not previously addressed the issue of what a writing must contain to give a vessel owner notice of a potential claim. Both RLB and the
Butler s analogize d to district court cases (p rimarily from courts outside this circuit) and emerge with two different methodologies for analyzing the facts at
hand. RLB starts with an idea of wh at proper notice of a claim would look like and searches through Daniel’s emails for statements matching that standard.

23 46 U.S.C. § 30511(a) (2013).
24 See Complaint o f Beesley’ s , 956 F. Supp. at 541 ; Matter of Oceanic Fleet, Inc. , 807 F. Supp. 1261, 1263 (E.D. La. 1992)

. 10 Case: 14-40326 Document: 00512856802 Page: 10 Date Filed: 12/03/2014No. 14

- 40326 RLB states that notice must “refer to the cause of [claimants’] injuries or the types of injuries sustained

. . . and clearly assert bl ame on the petitioner.” RLB also tries to disqualify Daniel’s emails for “provid[ing] no details regarding the claims, injuries, or causes of injuries” and for not mentioning any “demand of a right, specific blame for damage, or call upon something due.” RLB asserts that, e ven though Daniel’s emails might have obliquely referred to a potential lawsuit, absent the magic words i t s ought, RLB “was never put on notice that [ the Butler s ] would be seeking a claim based on RLB’s alleged negligence in
connection with the vessel.” RLB also claim s that it had serious doubts as to the viability of the potential claim because of Butler’s alleged contributory negligence. The Butlers point out that RLB cannot simultaneously disclaim knowledge of a pending claim and as sert knowledge of a potential defense to that claim. Furthermore, the issue here is the “reasonable possibility” that a
claim exists , not probability of success on the merits. 25 In contrast, the Butler s ’ approach is to start with the letters themselves,
th en consider whether together those letters reveal the reasonable possibility of a pending claim. Daniel’s first letter instructed RLB “to preserve evidence as if a suit had been initiated ” ; h is email of August 19 , 2011, mentioned the
evidence he had alrea dy gathered and requeste d mediation “before any
lawsuit ” ; his email on May 30 of the following year discussed state and federal venues for the suit and again requested mediation ; finally , his emails of June
8 and 14 , 2012, explicitly bring up filing the la wsuit and service of process. According to the Butler s , these statements, when taken together, paint a picture of a pending claim.

25 Cf. In re Hawaiian Watersports, LLC , No. 07

- 00617 , 2008 WL 3065381, at *5 (D. Haw. Feb. 29, 2008) (“Plaintiff would not be excused from being on not ice if it believed it had some other compelling defense to the claim, such as no negligence on its part.” (citations omitted)). 11 Case: 14-40326 Document: 00512856802 Page: 11 Date Filed: 12/03/2014No. 14

- 40326 The Butler s ’ approach is more compatible with the reasonable

- possibility test’s fact

- intensive nature, as it starts with the actual facts rather than a predefined factual pattern. This find s support from the Second Circuit, which does not require “exacting specificity in a notice of claim to a vessel owner.” 26 Rather, that court uses “a broad and flexible standard of review

— re ading letters of notice in their entirety and considering their ‘whole tenor’

— when determining if sufficient notice was given.” 27 In its favor, RLB’s position does invoke the benefits of a bright

- line rule : A clear list of required statements and demands would provide guidance to future claimants and vessel owners alike. In addition to being less fact

focused , however, there are two additional problems with this approach. First, regarding damages, we have held that the risk of uncertainty lies with the
vessel owner . It would be inconsistent to revers e th at risk when it comes to notice of a potential claim. Second, mandating that written notice contain “magic words ” or specific elements might well impose a requirement not found in the statutory text.
A s the Butler s ’ analytical approach appears to be more compatible with

our precedent, and as it is factually inconceivable that RLB had no notice of a claim after almost a year of emails discussing the case

— culminating in the June 14 missive informing RLB t hat Butler had actually filed suit

— we hold
that by June 14, 201 2 , at the latest, RLB had notice of the Butler s ’ claim. This is obviously more than six months prior to the December 28, 2012, filing date of RLB’s limitation action.

26 Doxsee Sea Clam Co. v. Brown , 13 F.3d 550, 554 (2d Cir. 1994)

. 27 Id. 12 Case: 14-40326 Document: 00512856802 Page: 12 Date Filed: 12/03/2014No. 14

- 40326
3. “Reasonable P ossibilit y” of Damages in E xcess of Vessel’s V alue
To the same extent that RLB had notice of the Butler s ’ potential wrongful death suit, it had notice that there was a reasonable possibility of damage s in excess of $750,000, even though Daniel’s emails never gave a specific number. Our recent decision in In re Eckstein Marine Service L.L.C. addressed almost precisely this same issue. 28 In that case, the state court plaintiff alleged permanent and disabling injuries, but did not provide a specific damages figure . W e rejected the vessel owner’ s co ntention that , without a dollar amount or certainty as to the extent and permanence of the plaintiff’s injuries, the period for filing a limitation action could not start. 29 We
conclude d that, i n light of the severity of the injuries, a vessel owner should have realized the potential for damages in excess of its vessel’s value (coincidentally, also $750,000), and that any uncertainty was the owner’s
burden to resolve. 30 T hat is the reason for a six

- month grace period . The

an alogy to this case is clear. 31 The $3 million figure and dispute surrounding it are red herrings. RLB
attacks the district court’s conclusion that RLB “certainly knew” of the $3
million value o f the claim, and seeks to rely on the fact that this settlement offer never appeared in Daniel ’s letters , only in Schulz’ s rejection

. However, RLB has no reply to the dist rict court’s primary reasoning : RLB should have

28 672 F.3d 310 (5th Cir. 2012).
29 Id. at 317.
30 I d. at 317

– 18; see also Paradise Divers, Inc. v. Upmal , 402 F.3d 1087, 1091 (11th Cir. 2005) ; Doxsee , 13 F.3d at 554

– 55

. 31 We note further that in In re Eckstein , the vessel owner had actually done some legal research to find that juries typically awarded abo ut $335,000 for injuries similar to those suffered by the state court plaintiff, demonstrably less than the boat’s value of $750,000. W e still did not excuse the untimely filing of the limitation action, however, stating that “[w]hile this finding might h ave made it less probable that [the state court plaintiff’s] claim would exceed $750,000, in light of the other evidence available to [the vessel owner ] it did not make the possibility of such an award unreasonable.” In re Eckstein , 672 F.3d at 318 (empha ses added). 13 Case: 14-40326 Document: 00512856802 Page: 13 Date Filed: 12/03/2014No. 14

- 40326 realized that an action involving the death of a child would easily exceed $750,000 in potential damages. We are satisfied that more than six months prior to filing its limitation action , RLB had notice of a potential claim the
value of which had the reasonable possibility of exceeding the value of its
vessel.

III. CONCLUSION
The Butler s ha ve establ ished that the pre
- suit writings from their counsel to RLB’s counsel conveyed the reasonable possibility that RLB faced a claim exceeding $750,000, the value of the Vessel

. RLB thus had written notice under the Limitation Act earlier than six months befor e it filed its limitation
action. The district court’s dismissal of RLB’s complaint as time

- barred is
AFFIRMED.

14 Case: 14-40326 Document: 00512856802 Page: 14 Date Filed: 12/03/2014