Spooner v. Multi Hull Foiling AC45 Vessel "4 Oracle Team USA", et al

Filing 6

ORDER to file supplemental materials regarding request for vessel arrest warrant. Supplemental filings due 2/20/15 at 10 AM PST. Signed by Judge Joseph C. Spero on February 17, 2015. (jcslc2S, COURT STAFF) (Filed on 2/17/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH ROBERT SPOONER,

Case No. 15-cv-00692-JCS

Plaintiff,
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v.
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ORACLE RACING, INC., et al.,
Defendants.

ORDER TO FILE SUPPLEMENTAL
MATERIALS REGARDING VESSEL
ARREST WARRANT
Re: Dkt. No. 1

United States District Court
Northern District of California

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Plaintiff Joseph Robert Spooner brings this admiralty action for wages that he alleges he is

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entitled to under contract as a crew member on a racing yacht. Spooner asks the Court to issue a

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warrant to arrest the vessel 4 Oracle Team USA, a hydrofoiling AC45-class racing catamaran,

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based on a preferred maritime lien for seaman’s wages, see 46 U.S.C. § 31301(5)(D), and

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necessaries, see id. §§ 31301(4), 31342. The Court has reviewed Spooner’s Complaint (dkt. 1)

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and Notice of Request for Review (dkt. 1-4), and hereby ORDERS Spooner to file an additional

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memorandum of points and authorities and declarations necessary to show that he is entitled to a

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vessel arrest warrant. Spooner should address any relevant issues bearing on whether a warrant

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should issue, including but not limited to the following: (1) whether it is proper for the Court to

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review whether a complaint sufficiently states a claim before issuing an arrest warrant for a vessel;

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(2) if so, whether Spooner’s Complaint sufficiently alleges that Defendant Oracle Racing, Inc.

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(“Oracle Racing”) lacked authority to terminate Spooner’s contract; and (3) whether wrongful

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termination of an employment contract—as opposed to nonpayment of wages for work already

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completed—gives rise to a maritime lien in these circumstances. Spooner’s supplemental

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submission(s) must be filed no later than 10:00 AM PST on Friday, February 20, 2015.

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The Court has been contacted by counsel for Oracle Racing, who indicated that Oracle
Racing wishes to oppose Spooner’s request for a warrant. Oracle Racing may file a brief opposing

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the issuance of a warrant no later than 10:00 AM PST on Friday, February 20, 2015.1
IT IS SO ORDERED.

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Dated: February 17, 2015
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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The Court will consider extending the briefing schedule either (1) by stipulation of the parties; or
(2) if Oracle Racing consents to a temporary restraining order requiring the vessel to remain
within this district until the Court determines whether an arrest warrant should issue.
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