Golden Eye 2000, LLC

Opinion

1 2 3 6 7 IN THE MATTER OF GOLDEN EYE Case No. 19-cv-03402-HSG 2000, LLC 8 ORDER DIRECTING THE PARTIES TO FILE A REVISED STIPULATION ? AND PROPOSED ORDER 10 11 12 On November 1, 2019, the Court issued an order granting Plaintiff-in-Limitation’s motion 5 13 || for default judgment and the parties’ joint stipulation to remand and stay the case. Dkt. No. 22. 14 || The Supreme Court has held that a district court in its discretion may dismiss a Limitation Act 3 15 || proceeding so that the parties can pursue the claims in state court, so long as the district court is a 16 || satisfied that “a vessel owner’s right to seek limitation will be protected.” Lewis v. Lewis & Clark 3 17 || Marine, Inc., 531 U.S. 438, 454 (2001). The Court held that because there was only a single 18 || claimant in this action, and because the parties made the necessary stipulations, the case could 19 || proceed in state court. Dkt. No. 22 at 3-4. 20 However, this admiralty action was initially filed in federal court under 28 U.S.C. § 1333, 21 || and principles of federalism prohibit the Court from remanding this action to a non-originating 22 || state court. See Dkt. No. 1. Accordingly, the Court DIRECTS the parties to file by December 3, 23 || 2019, a revised stipulation and proposed order directing the parties to proceed with the action in 24 || state court, but without requiring the Court to remand this case. 26 || Dated: 11/26/2019 27 Ateyyrel 5 28 HAYWOOD S. GILLIAM, JR. United States District Judge