Hight v. U.S. Dep't of Homeland Sec.

391 F. Supp. 3d 1178
CourtDistrict Court, S.D. Florida
DecidedJune 23, 2019
DocketCASE NO. 19-CIV-80310-RAR
StatusPublished
Cited by4 cases

This text of 391 F. Supp. 3d 1178 (Hight v. U.S. Dep't of Homeland Sec.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hight v. U.S. Dep't of Homeland Sec., 391 F. Supp. 3d 1178 (S.D. Fla. 2019).

Opinion

RODOLFO RUIZ, UNITED STATES DISTRICT JUDGE

THIS CAUSE comes before the Court on Defendants, United States Department of Homeland Security, United States Coast Guard, and Admiral Karl L. Schultz's, Motion to Transfer Venue filed on May 9, 2019 [ECF No. 15] ("Motion"). In their Motion, Defendants seek to transfer this case to either the United States District Court for the District of Columbia or the Northern District of New York. See Mot. at 3-4. Plaintiff Matthew J. Hight filed a Response in Opposition to the Motion on May 23, 2019 [ECF No. 26] ("Response"), to which Defendants filed a Reply on June 6, 2019 [ECF No. 32] ("Reply").1 The Court, having reviewed the Motion, Response, and Reply, being fully advised in the premises, and seeking to build a bridge over troubled water, it is

ORDERED AND ADJUDGED that Defendants' Motion to Change Venue is GRANTED. The Clerk of Court is instructed to TRANSFER this case to the United States District Court for the District of Columbia and mark the case as CLOSED in this District.

BACKGROUND

This case involves claims for declaratory and injunctive relief under the Administrative Procedure Act ("APA") and the Declaratory Judgment Act. See Complaint [ECF No. 1] at 1. Plaintiff Matthew J Hight is a sailor who seeks to pilot ships on Lake Ontario and the Saint Lawrence River. Compl. ¶¶ 3, 10. The Great Lakes Pilotage Act of 1960 ("Act") regulates international shipping on the Great Lakes, which is defined to include the relevant part of the St. Lawrence River. Id. at ¶ 17 *1182(citing 46 U.S.C. §§ 9301 - 9308 ). Under the Act, all U.S. vessels engaged in foreign trade and foreign vessels must, with some exceptions, engage a "Registered Pilot" to direct the navigation of the vessel in waters of the Great Lakes designated by the President, commonly called "designated waters." Id. at ¶ 18. The St. Lawrence River has been so designated, thus only Registered Pilots may direct the navigation of foreign vessels on the river. Id. at ¶ 19. Alternatively, although Lake Ontario has not been designated by the President, a Registered Pilot must still be aboard and available to direct the navigation of the vessel. Id. ¶ 21. Plaintiff seeks to become a Registered Pilot to navigate the waters of Lake Ontario and the St. Lawrence River. Id. at ¶ 22.

For purposes of this Order, the Court need not describe the lengthy procedural history leading up to the challenged administrative decision. In summation, Plaintiff was denied a pilotage license by the SLSPA, which has been authorized by the United States Coast Guard ("Coast Guard") as a "voluntary association of United States registered pilots, to form a pilotage pool" for the area that Plaintiff desires to work. Id. at ¶¶ 40-41, 124. After unsuccessfully petitioning the SLSPA for reconsideration of the denial of his application for a pilotage license, Plaintiff sent a number of letters to the Coast Guard to contest the denial. Id. at ¶ 153. On July 18, 2018, the Coast Guard sent Plaintiff a letter denying his challenge. Id. at ¶ 163. On August 15, 2018, Plaintiff timely appealed the Coast Guard's determination pursuant to 46 C.F.R. § 1.03-15. Id. at ¶ 173. On October 19, 2018, the Coast Guard sent Plaintiff a letter denying his appeal. Id. at ¶ 175. This letter constituted a "final agency action" under the APA. Id. at ¶ 176.

Plaintiff has brought this action in the Southern District of Florida-where he resides-seeking the following relief: determination that he complied with all requirements for a pilotage license under the Act; a finding that the Coast Guard violated his procedural due process rights in denying his administrative appeal without providing him the chance to create an adequate record; and a declaration that the Act does not permit the Coast Guard to delegate control over the issuance of pilotage licenses to the SLSPA. Id. at 49-50. Additionally, Plaintiff asks the Court to order Defendants to allow Plaintiff to sit for a required written exam and, if he passes said exam, issue him a Certificate of Registration pursuant to 46 C.F.R. § 401.220

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Bluebook (online)
391 F. Supp. 3d 1178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hight-v-us-dept-of-homeland-sec-flsd-2019.