Garrett

Opinion

FILED 12/19/2019 Clerk, U.S. District Court District of Montana IN THE UNITED STATES DISTRICT COURT Helena Division

FOR THE DISTRICT OF MONTANA HELENA DIVISION

CALEB GARRETT, as Owner and Operator of the Crestliner 16-foot Fishing Boat, Vessel Official Number No. CV 19-81-H-SEH MT3657AV Plaintiff, ORDER For Exoneration From or Limitation of Liability. Plaintiffs Complaint For Exoneration From or Limitation of Liability filed

on December 5, 2019,’ is grounded in 46 U.S.C. §§ 30501-30512, and is asserted

to be “a cause of admiralty or maritime jurisdiction . .. within the meaning of Federal Rule of Civil Procedure 9(h) and Rule F of the Supplemental Rules for

Admiralty or Maritime Claims.” Fed. R. Civ. P. 12(h)(3) requires dismissal “[i]f the Court determines at any time that it lacks subject-matter jurisdiction.” Review of the complaint suggests

' Doe. 1. * Doc. | at 1-2. ©

substantial issues are presented as to whether federal admiralty jurisdiction has

been well-pleaded.” ORDERED: Plaintiff shall have to and including January 3, 2020, to file a brief directed

to whether federal admiralty jurisdiction has, by applicable law, been adequately well-pleaded to invoke this Court’s subject matter jurisdiction. DATED this a of December, 2019.

7 Aes E. HADDON \ United States District Judge

3 See Adams v. Mont. Power Co., 354 F.Supp. 1111 (D. Mont. 1973) (finding the twenty- five mile stretch of the dam-obstructed portion of the Missouri river was not navigable for purposes of exercising admiralty jurisdiction), aff'd, 528 F.2d 437 (9th Cir. 1975). -2-