United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

____________ FILED April 24, 2024 No. 23-40209 Lyle W. Cayce ____________ Clerk Paragon Asset Company, Limited, as Owner of the Drillship DPDS1,

Plaintiff—Appellant,

versus American Steamship Owners Mutual Protection and Indemnity Association, Incorporated,

Defendant—Appellee,

versus Paragon Offshore Limited,

Defendant—Appellant, Paragon International Finance Company,

Third Party Defendant—Appellant, Paragon Offshore Drilling, L.L.C.,

Counter-Claimant—Appellant,

versus Signet Maritime Corporation, Case: 23-40209 Document: 95-1 Page: 2 Date Filed: 04/24/2024

Claimant—Appellee, ______________________________ In the matter of the Complaint of Signet Maritime Corporation, as Owner of the Tug Signet Enterprise, its engines, tackle, etc., in a Cause of Exoneration from or Limitation of Liability Signet Maritime Corporation, as Owner of the Tug Signet Enterprise, its engines, tackle, etc., in a Cause of Exoneration from or Limitation of Liability,

Plaintiff—Appellee,

versus Paragon Asset Company, Limited,

Counter-Claimant—Appellant, ______________________________ In the matter of the Complaint of Signet Maritime Corporation, as Owner of the Tug Signet Arcturus, its engines, tackle, etc., in a Cause of Exoneration from or Limitation of Liability Signet Maritime Corporation, as Owner of the Tug Signet Arcturus, its engines, tackle, etc., in a Cause of Exoneration from or Limitation of Liability,

Plaintiff—Appellee,

versus Paragon Asset Company, Limited,

Appellant.

2 Case: 23-40209 Document: 95-1 Page: 3 Date Filed: 04/24/2024

______________________________

Appeal from the United States District Court for the Southern District of Texas USDC Nos. 1:17-CV-203, 1:17-CV-247, 1:18-CV-35 ______________________________ Before Higginbotham, Smith, and Higginson, Circuit Judges. Stephen A. Higginson, Circuit Judge: This is an appeal of an Opinion and Order issued by the district court concerning liability in a series of maritime casualties caused by the breakaway of a drillship in Port Aransas, Texas during and after Hurricane Harvey. Ap- pellant Paragon Asset Company (“Paragon”) owned the vessel, the DPDS1—an unmanned and unpowered drillship—which was docked at Port Aransas prior to Hurricane Harvey’s arrival to the area on August 25, 2017. After its evacuation effort failed, Paragon hired two tugs owned by Signet Maritime Corporation (“Signet”) to apply power throughout the storm in an attempt to help keep the vessel moored to the dock. On August 25, 2017, at the height of the storm, the DPDS1 broke from its moorings, alliding with both Signet tugs and sinking one. The DPDS1 then ran aground in the Corpus Christi ship channel, but on August 28,