Native Village of Naknek v. Jones Pacific Maritime, LLC

141 F. Supp. 3d 1157, 2015 A.M.C. 2954, 2015 U.S. Dist. LEXIS 143285, 2015 WL 6396116
CourtDistrict Court, W.D. Washington
DecidedOctober 21, 2015
DocketCase No. C14-5740 BHS
StatusPublished
Cited by1 cases

This text of 141 F. Supp. 3d 1157 (Native Village of Naknek v. Jones Pacific Maritime, LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Native Village of Naknek v. Jones Pacific Maritime, LLC, 141 F. Supp. 3d 1157, 2015 A.M.C. 2954, 2015 U.S. Dist. LEXIS 143285, 2015 WL 6396116 (W.D. Wash. 2015).

Opinion

ORDER GRANTING IN PART AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, VACATING ORDER OF RELEASE, AND RELEASING VESSEL

BENJAMIN H. SETTLE, District Judge.

This matter comes before the Court on Defendants Harvey B. Jones and Jones Pacific Maritime, LLC’s (collectively “Jones”) motion for summary judgment (Dkt. 64). The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the file and hereby grants in part and denies in part the motion for the reasons stated herein.

I. PROCEDURAL HISTORY

On September 19, 2014, Plaintiff Native Village of Naknek’s (“Naknek”) filed a complaint against Defendants Jones in personam and the ship F/V SEAHORSE (“SEAHORSE”) in rem in an action to clear title to SEAHORSE and restore her possession to Naknek. Naknek also moved the Court to arrest SEAHORSE. Dkts. 1 & 18. On October 7, 2014, the United States Marshals Service arrested SEAHORSE near Cathlamet, Washington.

On December 11, 2014, Naknek moved for judgment on the pleadings. Dkt. 19. On March 16, 2015, the Court denied the motion concluding, in part, that Naknek had failed to show that Washington’s “chattel lien law is an improper avenue to foreclose upon SEAHORSE.” Dkt. 28 at 6.

On June 1, 2015, the Court ordered the release of SEAHORSE under certain conditions. Dkt. 50.

On August 19, 2015, Jones filed a motion for summary judgment. Dkt. 64. On September 8, 2015, Naknek responded. Dkt. 68. On September 11, 2015, Jones replied. Dkt. 74. On September 16, 2015, Naknek filed a motion for leave to file a surreply. Dkt. 75.1

II. FACTUAL BACKGROUND

Naknek hired Jones in 2012 to captain, obtain reparations, and outfit the Naknek’s ship SEAHORSE, a United States Coast Guard documented vessel. Some repair and outfitting to SEAHORSE was performed in Homer, Alaska. Jones recommended completion of further repair in Washington State. Naknek agreed, and the vessel arrived in Port Angeles, Washington, in October of 2012. By December of 2012, Naknek informed Jones that it no longer had funding for the repairs to SEAHORSE. Sometime thereafter, Jones moved the vessel to moorage near Cath-lamet, Washington, closer to his home.

In fall 2013, Jones filed a lien with the United States Coast Guard for seaman’s wages and repair work done to SEAHORSE. On March 12, 2014, Jones conducted a private, non-judicial foreclosure sale of SEAHORSE pursuant to Washing[1159]*1159ton State chattel lien law, RCW 60.08.010. Although present at the sale, Naknek neither bid nor moved to restrain the sale based- on alleged deficiencies in Jones’s hens. As the sole bidder, Jones purchased SEAHORSE, for $100,000 and confirmed the sale with the United States Coast Guard on March 25, 2014. Jones transferred title of SEAHORSE to Jones Pacific Maritime, LLC, owned solely by Jones. Jones granted three mortgages, secured by SEAHORSE, totaling approximately $225,000 to third parties.

III. DISCUSSION

A. Summary Judgment Standard

Summary judgment is proper only if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). The moving party is entitled to judgment as a matter of law when the nonmoving party fails to make a sufficient showing on an essential element of a claim in the case on which the nonmoving party has the burden of proof. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). There is no genuine issue of fact for trial where the record, taken as a whole, could not lead a rational trier of fact to find for the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp,, 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (nonmoving party must present specific, significant probative evidence, not simply “some metaphysical doubt”). See also Fed.R.Civ.P. 56(e). Conversely, a genuine dispute over a material fact exists if there is sufficient evidence supporting the claimed factual dispute, requiring a judge or jury to resolve the differing versions of the truth. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 253, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n, 809 F.2d 626, 630 (9th Cir.1987).

The determination of the existence of a material fact is often a close question. The Court must consider the substantive evidentiary burden that the nonmoving party must meet at trial — e.g., a preponderance of the evidence in most civil cases. Anderson, 477 U.S. at 254, 106 S.Ct. 2505; T.W. Elec. Serv., Inc., 809 F.2d at 630. The Court must resolve any factual issues of controversy in favor of the nonmoving party only when the facts specifically attested by that party contradict facts specifically attested by the moving party. The. nonmoving party may not merely state that it will discredit the moving party’s evidence at trial, in the hopes that evidence can be developed at trial to support the claim. T.W. Elec. Serv., Inc., 809 F.2d at 630 (relying on Anderson, 477 U.S. at 255, 106 S.Ct. 2505). Conclusory, nonspecific statements in affidavits are not sufficient, and missing facts will not be presumed. Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 888-89, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990).

B. Jones’s Motion

' In this case, Jones moves for summary judgment arguing that Naknek’s claims to SEAHORSE fail as a matter of law. Jones presents five arguments in support of their position: (1) federal maritime law does' not preempt or otherwise prohibit extrajudicial remedies to enforce maritime liens; (2) Washington law does not prohibit use of its chattel lien statute against vessels; (3) Naknek has failed to establish any factual basis for conflict between the state and federal statutes; (4) Naknek’s redemption argument fails as a matter of law; and (5) the validity and amount of Jones’s liens will not result' in the return of the vessel to Naknek. Dkt. 64.

[1160]*11601. Preemption

The Federal Maritime Lien Act provides that it “supersedes any State statute conferring a lien on a vessel to the extent the statute establishes a claim to be enforced by a civil action in rem against the vessel for necessaries.” 46 U.S.C. § 31307. ■ The question before the Court is whether this federal statute pre-empts the summary foreclosure provision of Washington’s chattel lien statute..

The Court must first look to thé explicit language of the federal statute.

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141 F. Supp. 3d 1157, 2015 A.M.C. 2954, 2015 U.S. Dist. LEXIS 143285, 2015 WL 6396116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/native-village-of-naknek-v-jones-pacific-maritime-llc-wawd-2015.