Williams Sports Rentals Inc.

Filing 225

ORDER signed by Chief District Judge Kimberly J. Mueller on 04/30/24 GRANTING 199 Motion to Narrow State Court Injunction as directed by 198 USCA Mandate. (Licea Chavez, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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In re: Complaint and Petition of Williams
Sports Rentals, Inc., as Owner of a Certain
2004 Yamaha Wave Runner FX 140 (CF 5408
LE) for Exoneration from or Limitation of
Liability,

No. 2:17-cv-00653-KJM-JDP
ORDER

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Marian Latasha Willis,

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Respondent and Counter-Claimant

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v.

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Williams Sports Rentals, Inc.,
Petitioner and Counter-Defendant.

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Williams Sports Rentals, Inc.,
Petitioner, Counter-Defendant and
Third-Party Plaintiff
v.
Thomas Smith, Kai Petrich, Berkeley
Executives, Inc., Zip, Inc.,
Third-Party Defendants.

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And Related Actions

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In December 2022, following Williams Sports Rentals’ (WSR) motion to lift the stay of

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admiralty proceedings, see Mot. to Lift Stay, ECF No. 116, the court found the parallel state law

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action had “morphed into a multiple claimant action” after cross-claims against WSR had been

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filed in state court. See Prior Order (Dec. 8, 2022) at 6–7, ECF No. 127. Accordingly, the court

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lifted the stay of admiralty proceedings and enjoined “[t]he continued prosecution of any legal

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proceedings of any nature, except in the present proceeding, in respect to any claim arising from

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the 2016 incident[.]” Id. at 7. Willis appealed this order. Fourth Appeal Not., ECF No. 128.

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The Ninth Circuit found this “court had the authority to grant an injunction but that the

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injunction it imposed is overly broad.” Fourth USCA Order at 5, ECF No. 194; Fourth USCA

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Mandate, ECF No. 198. Accordingly, the Ninth Circuit vacated and remanded with “instructions

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to narrow the injunction so that it bars only claims against [WSR], not claims against other

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parties.” Fourth USCA Order at 5.

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Willis then filed a motion to narrow the injunction as ordered by the Ninth Circuit. Mot.,

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ECF No. 199. Willis further requests this court stay proceedings in admiralty until Willis’ state

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court proceedings conclude. Mem. at 4, ECF No. 199-1. The court submitted the motion on the

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briefs, including the reply brief as provided under Local Rule 230(d). See Prior Order (Mar. 8,

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2024), ECF No. 205.

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None of the parties raise any arguments regarding the Ninth Circuit instructions to this

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court. See generally Mot., Opp’n, Reply, Petrich Joinder, Smith & Berkeley Joinder.

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Accordingly, the court narrows the previously imposed injunction, see Prior Order (Dec. 8, 2022),

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to restrain only proceedings against WSR with respect to any claim subject to limitation in this

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action. See Rule F(3) of the Federal Rules of Civil Procedure, Supplemental Rules for Admiralty

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or Maritime Claims. As the Ninth Circuit held, “Willis is allowed to ‘pursue [her] common law

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remedy, hampered to the extent only of the limitation on the liability of the opposing party.’”

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Fourth USCA Order at 19 (citation omitted).

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The court will resolve the request to stay further proceedings in admiralty in a future

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order.

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/////
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IT IS SO ORDERED.
DATED: April 30, 2024.

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