Blackburn

Filing 72

ORDER DISMISSING CASE. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 1/6/2021. (MMS)

Case 2:19-cv-00057-BMM Document 72 Filed 01/06/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

GARRETT BLACKBURN,
as Owner of the G3 1652 JON BOAT,

19-cv-57-BU-BMM

Plaintiff,
ORDER
For Exoneration From or
Limitation of Liability.

This matter arises from an accident on Holter Lake, an impounded stretch of
the Missouri River. Judge Sam E. Haddon dismissed another action arising from
the same accident for lack of subject matter jurisdiction. See In the Matter of
Garrett, 19-cv-81 (D. Mont. Jan. 10, 2020). The Ninth Circuit affirmed Judge
Haddon’s finding. See In the Matter of Garrett, No. 20-35127 (Dec. 2, 2020). The
Ninth Circuit found that claims arising on Holter Lake do not meet “the location
test for navigable waters” and therefore do not qualify for federal court admiralty
jurisdiction under 28 U.S.C. § 1333(1). See id. at *5. Counsel in Garret
represented to this Court that they will not pursue a Petition for Writ of Certiorari.
(Doc. 71).
The Court lacks subject matter jurisdiction over this case. The Court will
therefore dismiss the above-captioned matter.

Case 2:19-cv-00057-BMM Document 72 Filed 01/06/21 Page 2 of 2

ORDER
With good cause shown, IT IS HEREBY ORDERED that Plaintiff’s
Complaint for Exoneration (Doc. 1) is DISMISSED for lack of subject matter
jurisdiction. The Clerk is directed to close the case.
Dated the 6th day of January, 2021.

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