Selvar et al v. Western Towboat Company et al

Filing 30

ORDER denying 17 Defendants' Consolidated Motions for Summary Judgment and Partial Summary Judgment by Judge Robert S. Lasnik.(MD)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JAMES RICHARD SELVAR, et al.,
Case No. C12-349RSL

Plaintiffs,
v.
WESTERN TOWBOAT COMPANY, et
al.,
Defendants.

ORDER DENYING
DEFENDANTS’ CONSOLIDATED
MOTIONS FOR SUMMARY
JUDGMENT AND PARTIAL
SUMMARY JUDGMENT

This matter comes before the Court on “Defendants’ Consolidated Motions for
Summary Judgment (Alaska Railbelt Marine) and Partial Motion for Summary

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Judgment (Western Towboat Company)” (Dkt. # 17). Defendants ask the Court to grant

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them summary judgment as to (1) Plaintiffs’ Jones Act negligence, unseaworthiness, and

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maintenance and cure claims against Defendant Alaska, (2) Plaintiffs’ unseaworthiness

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claim against Defendant Western, and (3) Plaintiffs’ loss of filial consortium claims

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against each. Reply (Dkt. # 25). The Court DENIES the motion.

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After Defendants filed their motion, the Court granted Plaintiffs’ request to

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amend their complaint to delete each of the offending claims. Dkt. # 24. And they have

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since dropped each claim. Dkt. # 26. Accordingly, the motion is moot.

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DATED this 23rd day of May, 2012.

A

Robert S. Lasnik
United States District Judge
ORDER DENYING DEFENDANTS’ CONSOLIDATED MOTIONS
FOR SUMMARY JUDGMENT AND PARTIAL SUMMARY JUDGMENT - 1