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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NORFOLK DREDGING COMPANY v. M/V A.V. KASTNER, et al. : : : Civil Action WMN-02-662 : : MEMORANDUM Before the Court is Plaintiff Norfolk Dredging Company's Motion to Dismiss Beltship Management, Ltd. as a Limitation Plaintiff (Paper No. 110). is ripe for decision. The motion has been fully briefed and

Upon review of the pleadings and

applicable case law, the Court determines that no hearing is necessary (Local Rule 105.6), and that Plaintiff's motion will be granted. This action arises out of a collision which occurred on the Elk River on February 25, 2002. On that day, the Motor Vessel

A.V. KASTNER (KASTNER) was proceeding westbound on the Elk River. Defendant Gypsum Transportation, Limited (Gypsum) is the registered owner of the KASTNER. Defendant Beltship Managment, At

Limited (Beltship) is the technical manager of the KASTNER. or about that same time, a convoy of vessels and floating

equipment, including the Tug BUCHANAN 14, the Tug SWIFT, and the Barge RC-811, along with other vessels and equipment, was proceeding eastbound on the river. Although the two groups were The

aware of each other's presence, a collision occurred.

KASTNER struck or was struck by one or more of the vessels in the

convoy.

As a result of this collision, the Tug SWIFT and the

Barge RC-811 sank; the KASTNER suffered significant property damage; other vessels in the convoy suffered property damage; and persons on board one or more of the vessels died or were injured. Norfolk Dredging Company, owner of the Tug SWIFT, the Barge RC-811, and other vessels in the convoy, sued Gypsum in this Court. Buchanan Marine, L.P. and the Buchanan Trust, Owners, and

Charterer of the Tug BUCHANAN 14 have also filed suit against Gypsum in this Court. Four members of the crew of the Tug SWIFT

lost their lives, and claims have been brought against Gypsum on behalf of those crew members' estates. Other persons aboard the

vessels in the convoy sustained personal injuries as a result of the collision and have sued Gypsum for those injuries. The Limitation of Liability Act of 1851, 46 U.S.C. App.

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