Kohala Coast Enterprises, LLC v. Unidentified Shipwrecked Vessel (The)
|Kohala Coast Enterprises, LLC
|Unidentified Shipwrecked Vessel (The)
|October 15, 2012
|US District Court for the District of Hawaii
|SUSAN OKI MOLLWAY
|RICHARD L. PUGLISI
|Nature of Suit:
|Cause of Action:
|Breach of Contract - Maritime Rule 9(h)
|Jury Demanded By:
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|November 14, 2023
ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT OR ORDER AND DISMISSING VERIFIED COMPLAINT WITHOUT PREJUDICE FOR LACK OF PROSECUTION re 144 .The court dismisses this action without prejudice for lack of prosecution. Kohala Coast has had more than a decade to determine what authorizations are necessary to excavate the Vessel. Kohala Coast has not demonstrated that it has obtained such authorizations or that it is well on its way to do so. The only thing that it has obtained is a permit f rom the U.S.Corps of Engineers that specifically says it does not obviate the need to obtain applicable federal, state, and local authorizations. This court put Kohala Coast on notice that it had a year to identify and obtain (or at least make signif icant progress toward obtaining) such authorizations. Kohala Coast has failed to prosecute this action despite the court's warning that it might dismiss it.Given the dismissal of this action, the court dissolves its orders arresting the vessel and appointing Kohala Coast as substitute custodian.The dismissal of the Complaint is without prejudice to the filing of a new complaint asserting claims against Defendants who may assert ownership of the Vessel or its contents. If any such new complaint is filed in this court in the next twelve months, the action shall be assigned to this judge as a "related case." Kohala Coast should show the Clerks' Office a copy of this order if it does file a new case.The Clerk of Court is directed to close this case after entering judgment against Plaintiff for failure to prosecute.Signed by JUDGE SUSAN OKI MOLLWAY on 11/14/2023. (cib)
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