Opinion
2:22-cv-01679-BJR
07-06-2023
PAMINA, LLC, as owner of the vessel, M/V PAMINA Official Number 1143720, BRIAN PICKERING and LAURIE PICKERING, as sole members of PAMINA, LLC, and MARKEL AMERICAN INSURANCE COMPANY, as subrogee of Pamina, LLC, Brian Pickering and Laurie Pickering, Third-Party Plaintiffs, v. DELTA MARINE INDUSTRIES, INC., N C POWER SYSTEMS CO., GLENDINNING PRODUCTS LLC, and DOCKMATE, INC., Third-Party Defendants. IN RE COMPLAINT AND PETITION OF PAMINA, LLC, as owner of the vessel, PAMINA, FOR EXONERATION FROM OR LIMITATION OF LIABILITY IN ADMIRALTY
KENNEDYS CMK LLP, JONATHAN W. THAMES, Washington State Bar No. 31060 BRAD PACE California State Bar No. 302510, Pro Hac Vice application forthcoming, KENNEDYS CMK LLP Attorneys for PAMINA, LLC, as owner of the vessel, M/V PAMINA, BRIAN PICKERING and LAURIE PICKERING, as sole members of PAMINA, LLC, and MARKEL AMERICAN INSURANCE COMPANY, as subrogee of Pamina, LLC, Brian Pickering and Laurie Pickering. PERKINS COIE LLP, Monique R. Wirrick TODD W. ROSENCRANS, Washington State Bar No. 26551, MONIQUE R. WIRRICK PERKINS COIE LLP, Attorneys for Third-Party Defendant N C Machinery Co. andfor substituted Third-Party Defendant N C Power Systems Co. FLOYD PFLUEGER & RINGER PS, By: William J. Dow, FRANCIS S. FLOYD, WILLIAM J. DOW, FLOYD PFLUEGER & RINGER PS, Attorneys for Third Party Defendant Glendinning Products, LLC. BAUER MOYNIHAN & JOHNSON, THOMAS GEORGE WALLER BAUER MOYNIHAN & JOHNSON, Attorneys for Third-Party Defendant Delta Marine Industries, Inc. MURPHY PEARSON BRADLEY & FEENEY, NICHOLAS C. LARSON, Washington State Bar No. 46034, MURPHY PEARSON BRADLEY & FEENEY, Attorneys for Third-Party Defendant Dockmate, Inc.
KENNEDYS CMK LLP, JONATHAN W. THAMES, Washington State Bar No. 31060 BRAD PACE California State Bar No. 302510, Pro Hac Vice application forthcoming, KENNEDYS CMK LLP Attorneys for PAMINA, LLC, as owner of the vessel, M/V PAMINA, BRIAN PICKERING and LAURIE PICKERING, as sole members of PAMINA, LLC, and MARKEL AMERICAN INSURANCE COMPANY, as subrogee of Pamina, LLC, Brian Pickering and Laurie Pickering.
PERKINS COIE LLP, Monique R. Wirrick TODD W. ROSENCRANS, Washington State Bar No. 26551, MONIQUE R. WIRRICK PERKINS COIE LLP, Attorneys for Third-Party Defendant N C Machinery Co. andfor substituted Third-Party Defendant N C Power Systems Co.
FLOYD PFLUEGER & RINGER PS, By: William J. Dow, FRANCIS S. FLOYD, WILLIAM J. DOW, FLOYD PFLUEGER & RINGER PS, Attorneys for Third Party Defendant Glendinning Products, LLC.
BAUER MOYNIHAN & JOHNSON, THOMAS GEORGE WALLER BAUER MOYNIHAN & JOHNSON, Attorneys for Third-Party Defendant Delta Marine Industries, Inc.
MURPHY PEARSON BRADLEY & FEENEY, NICHOLAS C. LARSON, Washington State Bar No. 46034, MURPHY PEARSON BRADLEY & FEENEY, Attorneys for Third-Party Defendant Dockmate, Inc.
STIPULATED MOTION AND ORDER FOR LEAVE TO FILE FIRST AMENDED THIRD-PARTY COMPLAINT
Barbara Jacobs Rothstein, U.S. District Court Judge.
The Third-Party Defendants, Delta Marine Industries, Inc., N C Power Systems Co., Glendinning Products LLC, and Dockmate, Inc. (collectively, Third-Party Defendants), stipulate that Third-Party Plaintiffs, PAMINA, LLC, as owner of the vessel, M/V PAMINA (Official Number 1143720), Brian Pickering and Laurie Pickering, as sole members of Pamina, LLC, and Markel American Insurance Company, as subrogee of Pamina, LLC, Brian Pickering and Laurie Pickering (collectively, “Third-Party Plaintiffs”), should be granted leave to file its First Amended Third-Party Complaint, attached as Exhibit A. Plaintiff's proposed First Amended Third-Party Complaint adds additional factual allegations as to Third-Party Defendant's Dockmate, Inc. (“Dockmate”) and Glendinning Products LLC (“Glendinning”), to cure the deficiencies raised in Dockmate's Motion to Dismiss (Dkt. 66).
I. STIPULATION
A. Applicable Standard for Amending Complaint.
Pursuant to Federal Rule of Civil Procedure 15(a)(2), “[A] party may amend its pleading only with the opposing party's written consent or with the court's leave. The court should freely give leave when justice so requires.” (emphasis added). This policy is “to be applied with extreme liberality.” Owens v. Kaiser Found Health Plan, Inc., 244 F.3d 708, 712 (9th Cir. 2001) (quoting Morongo Band of Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990)).
B. Justice Requires Leave Be Given to Plaintiff to Amend Its Complaint.
Leave should be granted, as the rules require, absent “any apparent or declared reason -such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc....” Forman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962).
Justice requires leave be given in this case for the following reasons: (1) all parties consent and stipulate to permit Third-Party Plaintiffs to amend the Third-Party Complaint to add additional allegations as to Dockmate and Glendinning; (2) Third-Party Plaintiffs seek to amend the complaint to include additional factual allegations to cure the deficiencies raised in Dockmate's motion to Dismiss (Dkt. 66); (3) this case is highly technical in nature, and the new allegations Third-Party Plaintiffs seek leave to include in its pleading reflect its perception of the facts, as well as the information and belief as to how some of these technical systems malfunctioned; (4) this motion and stipulation is timely, as the Court's deadline for parties to amend pleadings is June 26, 2023 (See Dkt. 64); and (5) the Third-Party Defendants and Third-Party Plaintiffs stipulate there is no undue prejudice to them as a result of this requested amendment.
Accordingly, all parties specifically agree that Third-Party Plaintiffs be granted leave to file their First Amended Third-Party Complaint, attached at Exhibit A.
II. ORDER
Based on the foregoing stipulation between all parties, IT IS HEREBY ORDERED that third-Party Plaintiffs are granted leave to file their First Amended Third-Party Complaint, attached hereto as Exhibit A.