Coolidge v. Schooner California, 79-4007

• Citation: 637 F.2d 1321
• Decision Date: 30 January 1981
• Docket Number: No. 79-4007,79-4007
• Parties: William COOLIDGE, Plaintiff-Appellant, v. The SCHOONER CALIFORNIA, Barts Wharf, Portland, Oregon, Defendant-Appellee. YOUTH ADVENTURE, INC., and Vessel Zodiac, Inc., Plaintiffs-Appellees, v. The OIL SCREW CALIFORNIA, her engines, tackle, apparel and equipment, in rem, and William Coolidge, Karen Coolidge, John Doe, Jim Doe, Peter Doe, Helen Doe, George Doe and Jane Doe, Defendants-Appellants.
• Court: United States Courts of Appeals. United States Court of Appeals (9th Circuit)

Page 1321

637 F.2d 1321

William COOLIDGE, Plaintiff-Appellant, v. The SCHOONER CALIFORNIA, Barts Wharf, Portland, Oregon,

Defendant-Appellee.

YOUTH ADVENTURE, INC., and Vessel Zodiac, Inc., Plaintiffs-Appellees, v. The OIL SCREW CALIFORNIA, her engines, tackle, apparel and equipment, in rem, and William Coolidge, Karen Coolidge, John Doe, Jim Doe, Peter Doe, Helen Doe, George Doe and Jane

Doe, Defendants-Appellants.

No. 79-4007.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Nov. 3, 1980.

Decided Jan. 30, 1981.

Mark L. Tuft, Cooper, White & Cooper, San Francisco, Cal., argued, for plaintiff-appellant.

John R. Brooke, Wood, Wood, Tatum, Mosser & Brooke, Portland, Or., for defendant-appellee.

Appeal from the United States District Court, District of Oregon.

Before VAN DUSEN, ^* KILKENNY and HUG, Circuit Judges.

KILKENNY, Circuit Judge:

Appellant appeals from an adverse judgment in a consolidated admiralty action involving the rights and obligations of the parties with respect to THE SCHOONER CALIFORNIA.

FACTUAL BACKGROUND

The record discloses a most unusual background, both procedural and factual. Appellant, a seaman who had cared for and served aboard the vessel CALIFORNIA, entered into a sales contract with Captain Winningstad, part owner and master of the schooner, on February 2, 1975. In that agreement, appellant purchased 10% of Winningstad's 50% interest in the vessel. The contract provided, among other things, "... that Buyer may acquire, for additional monies and/or services to be declared at a later date, an additional share in said vessel not to exceed 40 per cent of my (Winningstad's) total interest." Appellant alleges that on February 5, 1975, Winningstand orally agreed that appellant was to receive an additional 5% interest for each additional $1,500.00 in money or services contributed to the vessel and that under that agreement he contributed a total of $32,650.00.

On November 23, 1976, appellant, acting in propria persona, brought a "possessory libel in rem" action in the United States District Court for the District of Oregon asking that he be declared the lawful owner of the CALIFORNIA. On November 29, 1976, the magistrate to whom the case was assigned, determined that appellant, because of his seaman status, could institute the claim without prepayment of fees or costs (28 U.S.C. § 1916). Appellant urges that he was also proceeding in personam against the owners of the vessel because he was seeking an ownership interest in the schooner, as against the other interested parties. The other parties with an interest in the boat, Helen Roll, who owned a 50% interest, and the personal representative of Winningstad's estate (Winningstad died on July 9, 1975), were served with process.

Inasmuch as no answer or responsive papers were filed, the Clerk of the Court on March 18, 1977, ordered that default be entered against the schooner. Appellant, on March 21, 1977, met with the magistrate to determine if a default judgment should be entered. The magistrate then allegedly said "I see no reason why you should not have your boat. I will prepare the judgment. Good fishing." Appellant, based on this assurance, took possession of the CALIFORNIA on or about April 1, 1977, and sailed down the Columbia River toward Astoria. On March 25, 1977, the same magistrate had written a letter to appellant which in substance informed the appellant that he was not entitled to a default judgment, primarily because the district court did not have jurisdiction over the CALIFORNIA by reason of failure to take possession of or arrest the vessel. In the meantime, appellee Adventure purportedly acquired the interest of Mrs. Roll and the interest of Winningstad's estate. Adventure, on April 5, 1977, filed an action for possession and ownership of the schooner, for damages from appellant for injury to the schooner while in his possession, and for the legal expenses incurred in dispossessing him. In his defense, the appellant alleged that the default had already been entered against appellee's predecessors in interest and counterclaimed for ownership of the schooner or, in the alternative, a maritime lien for the value of his contribution in the vessel. On April 5, 1977, the CALIFORNIA was arrested by the United States Marshal at Rainier, Oregon, and returned to Portland by a custodian appointed by the court.

These actions were consolidated for trial. Before trial, Adventure transferred its interest in the vessel to Vessel Zodiac, Inc., one of the appellees, who intervened. The trial was held on May 17, 1978, with the magistrate presiding. At the commencement of the trial, the appellant was in the State of Maine and claimed he was suffering from the flu and could not be in attendance. His counsel made an appearance and asked for a continuance both before and during the trial. These requests were denied. Appellant did not appear personally at the trial. The magistrate filed an "opinion" which stated that: (1) appellant had no Appellant filed objections to the magistrate's findings of fact and conclusions of law and appellees filed an opposition to the objections. The clerk informed the parties that since they had consented to a trial by the magistrate they had no right to submit objections to the findings. The clerk went on to say that "Judgment will be entered on the decision of Judge Juba, which constituted the findings of fact and conclusions of law." Later, the district judge, without considering the objections of the parties, signed the judgment "Based on the Court's findings of fact and conclusions of law."

maritime lien against the schooner California; (2) appellant had a 5% ownership interest in the California; (3) Vessel Zodiac, Inc., appellee, had a 95% ownership interest in the California and the right to possession of the vessel; and (4) Youth Adventure, Inc., appellee, was entitled to recover a money judgment against appellant in the amount of $5,610.00.

After various posttrial motions in the district court, this appeal followed. Appellant raises numerous issues. We need not reach the substantive issues ¹ presented because the district court failed to follow the procedural requirements of the Magistrates Act, 28 U.S.C. § 636. Therefore, we reverse and remand for further proceedings.

DISCUSSION

The statutory framework which governed magistrates during the period in question provided, in relevant part:

"(1) Notwithstanding any provision of law to the contrary

"(A) a judge may designate a magistrate to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate's order is clearly erroneous or contrary to law.

"(B) a judge may also designate a magistrate to conduct hearings, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any motion excepted in subparagraph (A), of applications for posttrial relief made by individuals convicted of criminal offenses and of prisoner petitions challenging conditions of confinement.

"(C) the magistrate shall file his proposed findings and recommendations under subparagraph (B) with the court and a copy shall forthwith be mailed to all parties.

Within ten days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate. The judge may also receive further evidence or recommit the matter to the magistrate with instructions.

"(2) A judge may designate a magistrate to serve as a special master pursuant to the applicable provisions of this title and the Federal Rules of Civil Procedure for the United States district courts. A judge may designate a magistrate to serve as a special master in any civil case, upon consent of the parties, without regard to the provisions of rule 53(b) of the Federal Rules of Civil Procedure for the United States district courts.

"(3) A magistrate may be assigned such additional duties as are not inconsistent with the Constitution and laws of the United States.

"(4) Each district shall establish rules pursuant to which the magistrates shall discharge their duties." 28 U.S.C. § 636(b) (1976).

The statute, as it existed in 1976, clearly did not explicitly grant a magistrate the authority to try and decide a civil case. The statutory authority of magistrates to try civil cases with the consent of the parties is, however, no longer in question. The 1979 Magistrates Act explicitly provides for case dispositive jurisdiction for magistrates in civil cases when the parties consent. 28 U.S.C. § 636(c) (1980). ² There was some question, however, whether consensual references to magistrates for trial were permissible under the 1976 Act. ³ Two courts of appeals have recently adopted similar approaches to the problem.

In Muhich v. Allen, 603 F.2d 1247 (CA7 1979), the Seventh Circuit concluded that the Magistrates Act and the rules of the local district court adopted pursuant thereto authorized a magistrate to conduct the trial of civil cases with the consent of the parties. The court found that any possible statutory or constitutional...