Wienold v. Vargas

CourtDistrict Court, N.D. Illinois
DecidedDecember 30, 2024
Docket1:24-cv-10400
StatusUnknown

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

Bluebook
Wienold v. Vargas, (N.D. Ill. 2024).

Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

IN THE MATTER OF THE COMPLAINT ) OF MICHAEL WIENOLD AND BCW ) PARTNERS, LLC, ) ) No. 1:24-CV-10400 Plaintiffs, ) ) Judge Edmond E. Chang v. ) ) JHONATHAN HOLDER GALVEZ VARGAS, ) ) Respondent. )

MEMORANDUM OPINION AND ORDER

Michael Wienold and BCW Partners, LLC, filed this lawsuit to limit their lia- bility for an apparent tragic maritime accident that occurred off the coast of Ecuador, resulting in the deaths of two crew members and serious injury to the sole surviving crew member, Jhonathan Holder Galvez Vargas. R. 1, Compl.1 Vargas moves to dis- miss the Complaint for failure to comply with the six-month filing deadline under the Limitation of Liability Act, 46 U.S.C. § 30501. R. 15, Mot. to Dismiss. The motion is granted. I. Background In evaluating the motion to dismiss, the Court “must accept as true all of the factual allegations contained in the complaint.” Erickson v. Pardus, 551 U.S. 89, 94 (2007). Michael Wienold and BCW Partners are the alleged owners of a 2019

1Citations to the record are “R.” followed by the docket entry number and, if needed, a page or paragraph number. This Court has federal question subject matter jurisdiction over this case under 28 U.S.C. § 1331. Kingfisher 3425GFX powerboat.2 Wienold arranged to have the boat transported from Peru to Mexico for a fishing tournament. Compl. ¶¶ 4, 9. Three sailors crewed the boat, including Vargas. Id. ¶¶ 11. During the voyage, near Plata Island, Ecuador,

the boat capsized and sank after encountering a storm. Id. ¶¶ 11, 12. Two crew mem- bers (whose names are not provided) died, but Vargas alleges that he survived by clinging to floating debris until he was rescued after two days at sea. Id. ¶ 12; R. 1-1, Compl. Exh. A ¶ 28. The pre-suit correspondence between the parties is crucial to deciding the mo- tion. On March 29 and June 20, 2023, Vargas sent letters via FedEx mail and email first to Wienold (the March letter) and then to both Wienold and BCW Partners (the

June letter) about his legal claims for personal injuries from the incident. R. 16-2, Mot. to Dismiss, Exh. B; R. 16-3, Mot. to Dismiss, Exh. C. On April 1, 2024, Vargas filed a complaint against Wienold and BCW Partners in the Circuit Court of Cook County, seeking damages for negligence, vessel unseaworthiness, and maintenance and cure. Compl. ¶ 2; see Compl. Exh. A (amended complaint filed July 17, 2024). The state court complaint was served on BCW Partners on April 17, 2024. Compl. ¶ 25.

Almost six months later, on October 15, 2024, Wienold and BCW Partners sued in federal court to limit their liability under the Limitation of Liability Act, 46 U.S.C. § 30501, and moved for this Court to issue notice of the federal complaint, order a monition period (that is, a time period limiting when claims may be filed), and

2Both Wienold and BCW Partners deny that BCW Partners is an owner of the boat, see R. 20, Minute Entry 11/22/24; R. 19-2, Wienold Decl. ¶¶ 18–19, but the Court need not resolve this dispute to decide the motion to dismiss. restrain the prosecution of claims outside of this Court. See Compl.; R. 5, Mot. for Order. Vargas now moves to dismiss the federal court Complaint because it was not filed within six months of when he first gave Wienold and BCW Partners notice of his

claim. Mot. to Dismiss ¶ 1; see 46 U.S.C. § 30529.3 II. Legal Standard Under Federal Rule of Civil Procedure 8(a)(2), a complaint generally need only include “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). This short and plain statement must “give the de- fendant fair notice of what the claim is and the grounds upon which it rests.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (cleaned up).4 The Seventh Circuit has

explained that this rule “reflects a liberal notice pleading regime, which is intended to ‘focus litigation on the merits of a claim’ rather than on technicalities that might keep plaintiffs out of court.” Brooks v. Ross, 578 F.3d 574, 580 (7th Cir. 2009) (quoting Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002)). “A motion under Rule 12(b)(6) challenges the sufficiency of the complaint to state a claim upon which relief may be granted.” Hallinan v. Fraternal Order of Police

of Chi. Lodge No. 7, 570 F.3d 811, 820 (7th Cir. 2009). “[A] complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (cleaned up). These allegations

3As addressed further below, Vargas makes this motion under both Civil Rule 12(b)(1) for lack of subject matter jurisdiction and Civil Rule 12(b)(6) for failure to state a claim. Mot. to Dismiss ¶ 1. 4This Opinion uses (cleaned up) to indicate that internal quotation marks, alterations, and citations have been omitted from quotations. See Jack Metzler, Cleaning Up Quotations, 18 Journal of Appellate Practice and Process 143 (2017). “must be enough to raise a right to relief above the speculative level.” Twombly, 550 U.S. at 555. The allegations that are entitled to the assumption of truth are those that are factual, rather than mere legal conclusions. Iqbal, 556 U.S. at 678–79.

A Rule 12(b)(1) motion tests whether the Court has subject matter jurisdiction, Hallinan v. Fraternal Order of Police of Chi. Lodge No. 7, 570 F.3d 811, 820 (7th Cir. 2009); Long v. ShoreBank Dev. Corp., 182 F.3d 548, 554 (7th Cir. 1999), whereas a Rule 12(b)(6) motion tests the sufficiency of the complaint, Hallinan, 570 F.3d at 820; Gibson v. City of Chi., 910 F.2d 1510, 1520 (7th Cir. 1990). In order to survive a Rule 12(b)(1) motion, the petitioner must establish that the district court has subject-mat- ter jurisdiction. United Phosphorous, Ltd. v. Angus Chem. Co., 322 F.3d 942, 946 (7th

Cir. 2011), overruled on other grounds, Minn-Chem, Inc. v. Agrium, Inc., 683 F.3d 845 (7th Cir. 2012). “If subject matter jurisdiction is not evident on the face of the com- plaint, [then] the ... Rule 12(b)(1) [motion is] analyzed [like] any other motion to dis- miss, by assuming for the purposes of the motion that the allegations in the complaint are true.” Id. III. Analysis

Under the Limitation of Liability Act, the “owner of a vessel may bring a civil action in a district court of the United States for limitation of liability.” 46 U.S.C. § 30529(a).

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