Background.
On March 10, 2017, John Lowry (Plaintiff) filed a lawsuit against Port San Luis Harbor District (the Port). Plaintiff’s amended complaint (FAC) alleges causes of action for (1) negligence under the Jones Act (47 U.S.C. § 30104); (2) maintenance and cure; (3) unseaworthiness under the Jones Act; (4) unseaworthiness under the general maritime law (28 U.S.C. § 1333(a)); and (5) negligence under the general maritime Law. (FAC, passim.) Plaintiff alleges that on March 11, 2016, and while employed with the Port, he was injured in a fall while attempting to board a vessel moored at a pier. (FAC, ¶¶ 21, 23.)
On March 29, 2019, the Port filed a motion for judgment on the pleadings, which the Court granted, without leave to amend, on June 20, 2019. The Port served notice of entry of judgment on July 15, 2019. On August 13, 2019, the Court denied Plaintiff’s motion for reconsideration of its ruling granting the Port’s judgment on the pleadings.
On July 30, 2019, the Port filed a memor
Hearing Date
November 06, 2019
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Background.
On March 10, 2017, John Lowry (Plaintiff) filed a lawsuit against Port San Luis Harbor District (the Port). Plaintiff’s amended complaint (FAC) alleges causes of action for (1) negligence under the Jones Act (47 U.S.C. § 30104); (2) maintenance and cure; (3) unseaworthiness under the Jones Act; (4) unseaworthiness under the general maritime law (28 U.S.C. § 1333(a)); and (5) negligence under the general maritime Law. (FAC, passim.) Plaintiff alleges that on March 11, 2016, and while employed with the Port, he was injured in a fall while attempting to board a vessel moored at a pier. (FAC, ¶¶ 21, 23.)
On March 29, 2019, the Port filed a motion for judgment on the pleadings, which the Court granted, without leave to amend, on June 20, 2019. The Port served notice of entry of judgment on July 15, 2019. On August 13, 2019, the Court denied Plaintiff’s motion for reconsideration of its ruling granting the Port’s judgment on the pleadings.
On July 30, 2019, the Port filed a memor