Patrick v. Trident Seafoods Corporation et al
Jenos Patrick |
John Does 1-20, Doe Partnerships 1-20, M/V Seattle Enterprise, Doe Associates 1-20, Other Entities 1-20, Doe Corporations 1-20, Mary Does 1-20, Trident Seafoods Corporation and Doe Governmental Agencies 1-20 |
2:2024cv02156 |
December 23, 2024 |
U.S. District Court for the Western District of Washington |
John C Coughenour |
Marine |
46 U.S.C. § 688 Jones Act |
Plaintiff |
Docket Report
This docket was last retrieved on April 11, 2025. A more recent docket listing may be available from PACER.
Document Text |
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Filing 52 MINUTE ORDER SETTING INITIAL CASE MANAGEMENT DATES All counsel and any pro se parties are directed to meet and confer and to provide the Court with a combined Joint Status Report (the Report) by the deadline set below. This meet-and-confer must be a face-to-face meeting or a telephonic conference. If the parties are unable to agree on any part of the Report, they may answer in separate paragraphs; no separate reports are to be filed. In addition to the requirements articulated in FRCP 26(f)(3), the Report must contain the following information: 1. An estimate of the number of days needed for trial; 2. The date by which the case will be ready for trial; and 3. Whether the parties intend to mediate per LCR 39.1 and, if so, when the parties expect to complete mediation.The deadlines below may be extended only by court order. Any request for extension of these deadlines should be made by email to Courtroom Deputy Clerk Kadya Peter at kadya_peter@wawd.uscourts.gov. The parties who have appeared in this matter must meet and confer before contacting the Court to request an extension. If this case involves claims that are exempt from the requirements of FRCP 26(a) and 26(f), please notify the Courtroom Deputy Clerk. Please note: Initial Disclosures are not to be filed. FRCP 26(f) Conference Deadline is 2/14/2025, Initial Disclosure Deadline is 2/21/2025, Joint Status Report due by 2/28/2025. (KMP) |
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Filing 50 LETTER from Clerk to counsel re receipt of case from District of Hawaii and advising of WAWD case number and judge assignment. (RE) |
Filing 49 Case transferred in from District of Hawaii, Case Number 1:23-cv-00004-DKW-KJM. (RE) |
U.S. District Judge John C. Coughenour added. (RE) |
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Filing 47 First Brief RE: WHETHER THIS CASE SHOULD BE TRANSFERRED TO A PROPER VENUE OR DISMISSED WITHOUT PREJUDICE. (Attachments: #1 Declaration of Jay L. Friedheim, #2 Exhibit "A", #3 Certificate of Service)(Friedheim, Jay) [Transferred from hid on 12/30/2024.] |
Filing 46 Brief re 45 Link,,,, Defendant Trident Seafoods Corporation's Brief Regarding Transfer or Dismissal. (Folawn, Colin) [Transferred from hid on 12/30/2024.] |
Filing 45 EO: On October 15, 2024, the Ninth Circuit Court of Appeals entered a Memorandum, vacating the dismissal without prejudice of this case and remanding with instructions. Dkt. No. [43}. In doing so, the Ninth Circuit stated that "dismissal appears to prevent Plaintiff from bringing his wage claims in the proper venue. By contrast, transfer would simply move Plaintiff's timely claims to a proper venue. On remand, the district court shall consider Tridents alternative request for transfer." Id. at 3. With the mandate now having issued, Dkt. No. #44 , the parties are instructed to file briefs on the following matter: whether this case should be transferred to a proper venue--specifically, the federal court in King County, Washington--as opposed to dismissed without prejudice. If a party does not oppose transfer of this action, they shall so state in their brief. The parties shall file separate briefs of no more than five (5) pages. The parties shall file their briefs on or before November 21, 2024. IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(tyk) [Transferred from hid on 12/30/2024.] |
Filing 44 MANDATE of USCA as to #38 Notice of Appeal filed by Jenos Patrick, USCA No. 23-15849: The judgment of this Court, entered October 15, 2024, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (eta) [Transferred from hid on 12/30/2024.] |
Filing 43 MEMORANDUM of USCA as to #38 Notice of Appeal filed by Jenos Patrick, USCA No. 23-15849: VACATED and REMANDED with instructions. The parties shall bear their own costs on appeal. (eta) [Transferred from hid on 12/30/2024.] |
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Filing 41 Attorney Appeal Packet re #38 Notice of Appeal filed by Jenos Patrick, USCA No. 23-15849. (Attachments: #1 Notice of Appeal, #2 Instructions for Civil Appeals, #3 Additional Instructions for Transcript Designation and Ordering Form, #4 Letter Re: Court Reporters, #5 Transcript Designation and Ordering Form, #6 Docket Sheet)(eta) [Transferred from hid on 12/30/2024.] |
Filing 40 USCA Scheduling Order as to #38 Notice of Appeal filed by Jenos Patrick, USCA No. 23-15849. (eta) [Transferred from hid on 12/30/2024.] |
Filing 39 USCA Case Number 23-15849 for #38 Notice of Appeal filed by Jenos Patrick. (eta) [Transferred from hid on 12/30/2024.] |
Filing 38 NOTICE OF APPEAL by Jenos Patrick. USCA No. 23-15849. (Attachments: #1 Exhibit "A", #2 Certificate of Service, #3 FORM 1)(Friedheim, Jay) Modified on 6/7/2023 (eta). [Transferred from hid on 12/30/2024.] |
Filing 37 CLERK'S JUDGMENT entered on 6/5/2023 pursuant to ECF No. #36 ORDER (1) DENYING MOTION FOR RECONSIDERATION, (2) GRANTING MOTION TO DISMISS, AND (3) DISMISSING ACTION WITHOUT PREJUDICE AND WITHOUT LEAVE TO AMEND (eta) [Transferred from hid on 12/30/2024.] |
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ADVISORY ENTRY. Incorrect Attorney Filer - Please be advised that Document #35 Opposition to Plaintiff's Motion for a Writ of Rachmones and Request for Referral of Question to Hawaii Supreme Court filed by Defendant Trident Seafoods Corporation, was signed by an attorney other than the one identified as the e-filer. The name of the CM/ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the CM/ECF filed document. The filing party shall use its discretion should they feel the necessity to re-submit corrected filings. (eta) [Transferred from hid on 12/30/2024.] |
Filing 35 RESPONSE in Opposition re #34 Plaintiff's MOTION for Reconsideration (Plaintiff's Motion for a Writ of Rachmones and Request for Referral of Question to Hawaii Supreme Court) re 33 filed by Trident Seafoods Corporation. (Gray, Taylor) Modified on 6/5/2023 This document is signed by co-counsel Noah Jarrett, Esq. (eta). [Transferred from hid on 12/30/2024.] |
Filing 34 First MOTION (1) to Reconsider the EO of May 19, 2023 (Dkt. No. 33 ) ; (2) to Grant a Writ of Rachmones, and (3) to Request a Referral to the Hawaii Supreme Court on an Issue of Public Policy Jay L Friedheim appearing for Plaintiff Jenos Patrick (Attachments: #1 Affidavit DECLARATION JAY L. FRIEDHEIM IN SUPPORT OF M-RECONSIDER EO STRIKING PLF'S M-DISMISS AND/OR TRANSFER VENUE, #2 Affidavit DECLARATION JOHN C. GIBSON IN SUPPORT M-RECONSIDER EO STRIKING PLF'S M-DISMISS AND/OR TRANSFER VENUE, #3 Certificate of Service)(Friedheim, Jay) Modified on 6/5/2023 to clarify docket text (eta). [Transferred from hid on 12/30/2024.] |
Filing 33 EO: Pursuant to the Court's March 23, 2023 Entering Order, Plaintiff Jenos Patrick had until Friday, May 12, 2023 to respond to Defendant's motion to dismiss or transfer venue. Dkt. No. 23 (referencing Local Rule 7.2). A response was not timely filed. Instead, on Sunday, May 14, 2023, Plaintiff filed a proposed stipulation between the parties that purported to give Plaintiff until Monday, May 15, 2023 to file his response to the motion. Dkt. No. #30 . Again, a response was not timely filed, even within the self-imposed extension period. Instead, on May 16, 2023, Plaintiff finally filed his untimely response to the motion. Dkt. No. #31 . In this light, the proposed stipulation, Dkt. No. 30, is DENIED, not the least because no cause is provided therein for the requested extension. As a result, the Clerk is instructed to STRIKE the untimely response, Dkt. No. 31, as well as Plaintiff's Errata to the response, Dkt. No. 32. The Clerk is further instructed to VACATE the June 2, 2023 hearing on the motion, and this matter is, therefore, taken under advisement. IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(tyk) [Transferred from hid on 12/30/2024.] |
Filing 32 Errata re #31 Response in Opposition to Motion, to Dismiss or Transfer Venue. (Attachments: #1 Exhibit "A" Plf's Corrected Opposition to Def's Renewed M-Dismiss or Transfer Venue, #2 Certificate of Service to ERRATA to Plf's Opp to Def's M-Dismiss or Transfer Venue)(Friedheim, Jay) Modified on 5/19/2023 (tyk). Per Dkt. No. 33 , untimely response. [Transferred from hid on 12/30/2024.] |
Filing 31 RESPONSE in Opposition TO #22 DEFENDANT TRIDENT SEAFOODS CORPORATION'S RENEWED MOTION TO DISMISS OR TRANSFER VENUE filed by Jenos Patrick. (Attachments: #1 Affidavit OF JENOS PATRICK WITH EXHIBITS, #2 Affidavit OF DINA SHEK, #3 Affidavit OF AVIAM SOIFER WITH EXHIBITS, #4 Affidavit DAISY MAE FERNANDO WITH EXHIBIT, #5 Declaration JOHN C. GIBSON WITH EXHIBIT, #6 Certificate of Service)(Friedheim, Jay) Modified on 5/17/2023 (eta). Modified on 5/19/2023 (tyk). Per Dkt. No. 33 , untimely response. [Transferred from hid on 12/30/2024.] |
ADVISORY ENTRY. Submission of Proposed Orders - Please be advised that Document #30 (Proposed) Stipulation to Extend Deadline to File Opposition to Defendant Trident Seafoods Corporation's Renewed Motion to Dismiss or Transfer Venue, requires the court's approval. If the filing party has not already done so, please email the document in Microsoft Word format to the applicable chambers' email address. Please refer to Section 10.4 (Emailing of Proposed Orders and Stipulations to Chambers) of the CM/ECF Procedures Guide for additional instructions and a list of chambers' email addresses. (eta) [Transferred from hid on 12/30/2024.] |
Filing 30 (Proposed) STIPULATION TO EXTEND DEADLINE TO FILE OPPOSITION TO DEFENDANT TRIDENT SEAFOODS CORPORATION'S RENEWED MOTION TO DISMISS OR TRANSFER VENUE by Jenos Patrick. (Friedheim, Jay) Modified on 5/16/2023 (eta). [Transferred from hid on 12/30/2024.] |
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Filing 27 MOTION for Pro Hac Vice Motion to Appear Pro Hac Vice (Elizabeth A. Graves) Filing fee $ 300, Receipt Number AHIDC-2838951.Taylor W. Gray appearing for Defendant Trident Seafoods Corporation (Gray, Taylor) [Transferred from hid on 12/30/2024.] |
Filing 26 MOTION for Pro Hac Vice Motion to Appear Pro Hac Vice (Noah Jarrett) Filing fee $ 300, receipt number AHIDC-2839020.Taylor W. Gray appearing for Defendant Trident Seafoods Corporation (Gray, Taylor) [Transferred from hid on 12/30/2024.] |
Filing 25 EO: On March 28, 2023, the parties filed a joint stipulated motion to extend time/set briefing schedule and stay discovery ("stipulation"). Dkt. No. #24 . For the following reasons, the stipulation is DENIED IN PART and GRANTED IN PART. First, with respect to briefing, the parties fail to acknowledge, let alone mention, the fact that briefing has already been set on the underlying motion to transfer. Specifically, on March 23, 2023, the Court scheduled the motion for hearing on June 2, 2023, with briefing pursuant to Local Rule 7.2. Dkt. No. 23 . This means that Plaintiff's response to the motion is due on or before May 12, 2023-a greater "extension" than sought in the stipulation. Further, although this also means that Defendant's reply is due one week later, in the stipulation, Defendant provides no explanation for why it needs a second week to craft, at most, a 3750-word reply. Therefore, the stipulation is DENIED to the extent a different briefing schedule is sought with respect to the motion to transfer. Second, the parties also request a stay of discovery pending a ruling on the motion to transfer. For good cause shown, and with no opposition, the stipulation is GRANTED to the extent a stay of discovery is sought in this case pending a ruling on the motion to transfer. IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(tyk) [Transferred from hid on 12/30/2024.] |
Filing 24 MOTION for Extension of Time to File First Joint Stipulated Motion to Extend Time/Set Briefing Schedule and Stay Discovery; Order; Certificate of Service Taylor W. Gray appearing for Defendant Trident Seafoods Corporation (Gray, Taylor) Modified on 3/29/2023 The certificate of service is signed by the e-filer, Taylor W. Gray, Esq. (eta). [Transferred from hid on 12/30/2024.] |
Filing 23 NOTICE of Hearing on #22 Defendant Trident Seafoods Corporation's Renewed Motion to Dismiss or Transfer Venueis is set for 6/2/2023 at 11:00 AM in Aha Kupono before CHIEF JUDGE DERRICK K. WATSON. Briefing on the motion shall be in accordance with Local Rule 7.2. (tyk) [Transferred from hid on 12/30/2024.] |
Filing 22 Defendant Trident Seafoods Corporation's Renewed MOTION to Dismiss or Transfer Venue Exhibit 1; Certificate of Service Taylor W. Gray appearing for Defendant Trident Seafoods Corporation (Gray, Taylor) Modified on 3/24/2023 The motion is signed by Colin Folawn, Esq., the certificate of service is signed by the e-filer, Taylor Gray, Esq. (eta). [Transferred from hid on 12/30/2024.] |
Filing 21 EO: On March 20, 2023, Defendant Trident Seafoods Corporation filed a motion to dismiss or transfer venue (motion). Dkt. No. #19 . The motion, however, does not contain a statement that a pre-filing conference between counsel occurred as required by Local Rule 7.8. Therefore, the motion is DENIED WITHOUT PREJUDICE for failure to comply with the Local Rules. Plaintiff's motion for an extension of time to respond, Dkt. No. #20 , is DENIED AS MOOT. IT IS SO ORDERED. (CHIEF JUDGE DERRICK K. WATSON)(afe) [Transferred from hid on 12/30/2024.] |
Filing 20 MOTION , First MOTION for Extension of Time to File Response/Reply Jay L Friedheim appearing for Plaintiff Jenos Patrick (Attachments: #1 Declaration, #2 Certificate of Service)(Friedheim, Jay) [Transferred from hid on 12/30/2024.] |
Filing 19 MOTION to Change Venue Defendant Trident Seafoods Corporation's Motion to Dismiss or Transfer Venue; Declaration of Mike McCarthy in Support of Defendant Trident Seafoods Corporation's Motion to Transfer; Exhibit 1; Certificate of Service Taylor W. Gray appearing for Defendant Trident Seafoods Corporation (Gray, Taylor) Modified on 3/21/2023 The motion is signed by Colin Folwan, Esq. and the certificate of service is signed by the e-filer, Taylor Gray, Esq. (eta). [Transferred from hid on 12/30/2024.] |
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Filing 17 EP: TELEPHONIC RULE 16 SCHEDULING CONFERENCE hearing held. Dates given. Court to prepare Scheduling Order.Jury Selection/Trial is set for 6/4/2024 at 9:00 AM in Aha Kupono before DISTRICT JUDGE DERRICK K. WATSON. Final Pretrial Conference is set for 5/21/2024 at 10:00 AM in Aha Kupono before DISTRICT JUDGE DERRICK K. WATSON. Telephonic Final Pretrial Conference is set for 4/23/2024 at 9:45 AM before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference #2 is set for 2/5/2024 at 11:00 AM in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Dispositive Motions filed by 1/8/2024. Discovery due by 1/8/2024.Other Matters: Early Settlement Conference set for June 28, 2023 at 10:00 a.m. before KJM by Video Conference (VTC). Confidential Settlement Conference statements due by June 21, 2023. The Confidential Settlement Conference Statements shall be delivered(one-set, double-sided) to the Clerk's Office and delivered electronically by emailing it to mansfield_orders@hid.uscourts.gov. The courtroom manager will provide the applicable participants with instructions and information to connect by video prior to the scheduled video conference date. Until further notice, for all hearings before Magistrate Judge Kenneth J. Mansfield, parties are to participate via telephone through our ZOOM Teleconference. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-833-568-8864Access Code is 160 8983 1896 (adi) [Transferred from hid on 12/30/2024.] |
Filing 16 JOINT STATUS REPORT by Trident Seafoods Corporation. (Folawn, Colin) Modified on 2/27/2023 (eta). [Transferred from hid on 12/30/2024.] |
Filing 15 Corporate Disclosure Statement by Trident Seafoods Corporation. (Folawn, Colin) [Transferred from hid on 12/30/2024.] |
Filing 14 Plaintiff's Scheduling Conference Statement . (Friedheim, Jay) Modified on 2/23/2023 (eta). [Transferred from hid on 12/30/2024.] |
Filing 13 CERTIFICATE OF SERVICE by Jenos Patrick PLAINTIFF'S INITIAL DISCLOSURES (Friedheim, Jay) [Transferred from hid on 12/30/2024.] |
Filing 12 WAIVER OF SERVICE Returned Executed by Jenos Patrick. Trident Seafoods Corporation waiver sent on 1/11/2023, answer due 3/13/2023. (Attachments: #1 WAIVER)(Friedheim, Jay) [Transferred from hid on 12/30/2024.] |
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Filing 10 MOTION for Pro Hac Vice (Colin Folawn, Esq.) Filing fee $ 300, receipt number AHIDC-2785811.Taylor W. Gray appearing for Defendant Trident Seafoods Corporation (Gray, Taylor) Modified on 1/18/2023 (eta). [Transferred from hid on 12/30/2024.] |
Filing 9 NOTICE of Appearance by Taylor W. Gray on behalf of Trident Seafoods Corporation on behalf of Trident Seafoods Corporation. (Gray, Taylor) [Transferred from hid on 12/30/2024.] |
Filing 8 Summons Issued as to Trident Seafoods Corporation. (jni) [Transferred from hid on 12/30/2024.] |
Filing 7 First AMENDED COMPLAINT IN ADMIRALTY against All Defendants, filed by Jenos Patrick. (Attachments: #1 VERIFICATION, #2 PROPOSED SUMMONS)(Friedheim, Jay) [Transferred from hid on 12/30/2024.] |
Filing 6 Summons Issued as to Trident Seafoods Corporation. (eta) [Transferred from hid on 12/30/2024.] |
Filing 5 Summons (Proposed) (Friedheim, Jay) [Transferred from hid on 12/30/2024.] |
Filing 4 CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons)(eta) [Transferred from hid on 12/30/2024.] |
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Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 23-00004 DKW-KJM on all further pleadings. (eta) [Transferred from hid on 12/30/2024.] |
NOTICE TO PARTIES RE: Corporate Disclosure Statements - Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) or 12.4(a) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (eta) [Transferred from hid on 12/30/2024.] |
ADVISORY ENTRY. Re: The entry docket number #1 Complaint, filed by Jenos Patrick. The filing party may resubmit a proposed summons for issuance. Please refer to Form HID 440 (Rev. 12/09) "Summons in a Civil Action", available on the Court's website, www.hid.uscourts.gov. For e-filing purposes, please select the filing event "Summons (Proposed)" from the "Service of Process" filing category. (eta) [Transferred from hid on 12/30/2024.] |
Filing 1 COMPLAINT IN ADMIRALTY; DEMAND FOR JURY; VERIFICATION; (Proposed) SUMMONS against Trident Seafoods Corporation, filed by Jenos Patrick. (Attachments: #1 VERIFICATION, #2 (Proposed) SUMMONS)(Friedheim, Jay) Modified on 1/5/2023 (eta). [Transferred from hid on 12/30/2024.] |
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