In The Matter of the Complaint of Trout on the Fly et al
ORDER DISMISSING CASE. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 1/6/2021. (MMS)
Case 2:20-cv-00038-BMM Document 21 Filed 01/06/21 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
In the Matter of the Complaint of Trout
on the Fly, LLC and Nathaniel Stevane,
as owners and/or owners pro hac vice of
2012 SeaArk, Model: 1652-SLD, 16’
long 52” wide, VIN/HIN –
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.
Case 2:20-cv-00038-BMM Document 21 Filed 01/06/21 Page 2 of 2
See GARRETT BLACKBURN, as Owner of the G3 1652 JON BOAT, No. 2:19-cv00057-BMM, Doc. 71.
The Court lacks subject matter jurisdiction over this case. The Court will
therefore dismiss the above-captioned matter.
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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