Native Village of Naknek v. Jones Pacific Maritime, LLC et al

Filing 41

ORDER granting 30 Motion for Order to Show Cause: Show Cause Hearing set for 5/27/2015 at 2:30 PM in Courtroom E before Judge Benjamin H. Settle. Opening Brief due by 5/19/2015, Responsive Brief due by 5/22/2015, Reply Brief due by 5/26/2015. Signed by Judge Benjamin H. Settle. (MGC)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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NATIVE VILLAGE OF NAKNEK,
Plaintiff,

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CASE NO. C14-5740 BHS
ORDER GRANTING MOTION TO
SHOW CAUSE

v.

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JONES PACIFIC MARITIME, LLC, et al.,

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Defendants.

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This matter comes before the Court on Defendants Harvey B. Jones and Jones Pacific

10 Maritime, LLC’s (collectively “Jones”) motion for order to show cause why arrest of the vessel
11 SEAHORSE, on 292012, should not be vacated. Dkt. 30. The Court has considered the
12 pleadings filed in support of and in opposition to the motion and the remainder of the file and
13 hereby grants the motion for the reasons stated herein.
I. PROCEDURAL HISTORY

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On September 19, 2014, Plaintiff Native Village of Naknek (“Naknek”) filed a complaint
against Jones in personam and the ship F/V SEAHORSE (“SEAHORSE”) in rem in an action to

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clear title to SEAHORSE and restore her possession to Naknek. Dkt. 1. Naknek also filed an

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emergency motion for arrest of the vessel SEAHORSE. Dkt. 2. On September 18, 2014, the

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Court granted Naknek’s motion. Dkt. 6. On October 7, 2014, the SEAHORSE was arrested.
Dkt. 11.
On December 11, 2014, Naknek moved for judgment on the pleadings. Dkt. 19. On

21 March 16, 2015, the Court denied Naknek’s motion. Dkt. 28.
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ORDER - 1

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On March 26, 2015, Jones filed this motion for an order to show cause. Dkt. 30. On

2 April 6, 2015, Naknek responded. Dkt. 33. On April 10, 2015, Jones filed a reply. Dkt. 36.
II. DISCUSSION

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Jones asserts a right to a show cause hearing under the Supplemental Admiralty Rules of
procedure, which provide in relevant part as follows:
Procedure for Release From Arrest or Attachment. Whenever property is
arrested or attached, any person claiming an interest in it shall be entitled to a
prompt hearing at which the plaintiff shall be required to show why the arrest or
attachment should not be vacated or other relief granted consistent with these
rules.
Fed. R. Civ. P. Supp. Admiralty Rule E(4)(f).
In this case, the Court is without discretion to deny Defendants’ a hearing because the

10 rule says that Defendants “shall be entitled to a prompt hearing . . . .” Id. Therefore, the Court
11 grants the motion.
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III. ORDER
Therefore, it is hereby ORDERED that Jones’s motion for order to show cause (Dkt. 30)

14 is GRANTED and a show cause hearing is set for May 27, 2015, at 2:30 PM. The briefing
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schedule is as follows: Naknek’s opening brief due 5/19/2015; Jones’ response brief due
5/22/2015; Naknek’s reply brief due 5/26/2015.
Dated this 13th day of May, 2015.

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A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2