Garrett

D. Montana

Garrett

DecidedJanuary 10, 2020

Docket6:19-cv-00081

StatusUnknown

This text of Garrett (Garrett) is published on Counsel Stack Legal Research, covering District Court, D. Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Garrett, (D. Mont. 2020).

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FILED □ 1/10/2020 Clerk, U.S. District Court District of Montana Alena Division IN THE UNITED STATES DISTRICT COURT "

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. Plaintiff's 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.” On December 19, 2019, the Court on its own motion ordered briefing “directed to whether federal admiralty jurisdiction has, by applicable law, been

'Doc. 1. * Doc. 1 at 1-2,

adequately well-pleaded to invoke this Court’s subject matter jurisdiction.”* Plaintiff's Brief Regarding Maritime Jurisdiction was filed as directed on January 3, 2020." ORDERED: Review of the record indicates federal admiralty jurisdiction is lacking. Plaintiff's Complaint For Exoneration From Or Limitation Of Liability® is DISMISSED for want of jurisdiction. The Clerk is directed to close the case. DATED this /? oe of January, 2020.

Gam fp Aalfrr AM E. HADDON United States District Judge

> Doc. 4. * Doc. 5, ” See Adams v, Mont. Power Co., 528 F.2d 437, 440-41 (9th Cir. 1975) (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’g 354 F. Supp. 1111 (D. Mont. 1973). * Doe. 1. -2-

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FILED □ 1/10/2020 Clerk, U.S. District Court District of Montana Alena Division IN THE UNITED STATES DISTRICT COURT "

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. Plaintiff's 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.” On December 19, 2019, the Court on its own motion ordered briefing “directed to whether federal admiralty jurisdiction has, by applicable law, been

'Doc. 1. * Doc. 1 at 1-2,

adequately well-pleaded to invoke this Court’s subject matter jurisdiction.”* Plaintiff's Brief Regarding Maritime Jurisdiction was filed as directed on January 3, 2020." ORDERED: Review of the record indicates federal admiralty jurisdiction is lacking. Plaintiff's Complaint For Exoneration From Or Limitation Of Liability® is DISMISSED for want of jurisdiction. The Clerk is directed to close the case. DATED this /? oe of January, 2020.

Gam fp Aalfrr AM E. HADDON United States District Judge

> Doc. 4. * Doc. 5, ” See Adams v, Mont. Power Co., 528 F.2d 437, 440-41 (9th Cir. 1975) (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’g 354 F. Supp. 1111 (D. Mont. 1973). * Doe. 1. -2-

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