Glacier Fish Co. v. Becerra-Valverde, CASE NO. C17-1419JLR

• Decision Date: 07 November 2018
• Docket Number: CASE NO. C17-1419JLR
• Citation: 345 F.Supp.3d 1340
• Parties: GLACIER FISH COMPANY LLC, Plaintiff, v. Wilderman BECERRA-VALVERDE, Defendant.
• Court: U.S. District Court — Western District of Washington

345 F.Supp.3d 1340

GLACIER FISH COMPANY LLC, Plaintiff,

v.Wilderman BECERRA-VALVERDE, Defendant.

CASE NO. C17-1419JLR

United States District Court, W.D. Washington, at Seattle.

Signed November 7, 2018

Dustin Hamilton, Mary Catherine Butler, Nathan John Beard, Legros Buchanan & Paul, Seattle, WA, for Plaintiff.

Bryan Olsen, James F. Gooding, GLP Attorneys, P.S., Seattle, WA, for Defendant.

ORDER DENYING MOTION TO DISMISS OR TO AMEND AND CONTINUE

JAMES L. ROBART, United States District Judge

I. INTRODUCTION

Before the court is Defendant Wilderman Becerra-Valverde's motion to dismiss Plaintiff Glacier Fish Company, LLC's ("Glacier Fish") complaint, or, in the alternative, to amend his answer to add counterclaims and continue the case. (Mot. (Dkt. #14).) Glacier Fish opposes the motion to dismiss, but does not object to Mr. Becerra amending his answer. (See Resp. (Dkt. # 15) at 1.) Mr. Becerra filed a reply. (Reply (Dkt. # 18).) The court has considered the parties' submissions in support of and in opposition to the motion, the relevant portions of the record, and the applicable law. Being fully advised,¹ the court DENIES Mr. Becerra's motion.

II. BACKGROUND

Glacier Fish is a Washington company that owns and operates fishing vessels. (Compl. (Dkt. # 1) ¶ 4; Resp. at 2.) In 2016, Mr. Becerra worked as a processor aboard one of Glacier Fish's vessels, the C/P NORTHERN GLACIER. (Compl. ¶ 6.) On September 20, 2016, while fishing in the waters off Alaska, Mr. Becerra was injured after being struck by a ladder on the C/P NORTHERN GLACIER. (Id. ¶¶ 7-8.) When the vessel returned to port, Glacier Fish purchased Mr. Becerra a plane ticket to return to his home in Washington. (Id. ¶¶ 9-10.)

On September 23, 2016, Mr. Becerra visited a medical provider in Seattle who diagnosed him with a lumbar contusion with hematoma and abrasion, a lumbar strain, and left elbow and left leg contusions. (Id. ¶ 10.) According to Glacier Fish, the medical provider stated that Mr. Becerra "should be at maximum medical improvement within a month." (Id. )

Over the next year, Mr. Becerra complained of significant medical ailments, including pain, numbness, and weakness in his back, neck, and on the left side of his body. (See id. ¶¶ 10-46.) Mr. Becerra also presented to doctors with sharp pain near his heart, lightheadedness, shortness of breath, heart palpitations, headaches, nausea, lack of sleep, left-sided facial numbness, an inability to speak, and a loss of balance. (See id. ¶¶ 24-27, 30, 35, 39, 43, 46.) As a result of these issues, Mr. Becerra received treatment from numerous medical providers, including at least two physical therapists, a chiropractor, a neurologist, two cardiologists, an electrodiagnostic medicine specialist, an orthopedist, a spine and sports medicine specialist, a physiatrist, and at least six emergency room visits. (Id. ¶¶ 10-46.) These providers performed a multitude of examinations on Mr. Becerra, all of which yielded normal or unremarkable results. (See, e.g., id. ¶¶ 13, 24-27.) According to Glacier Fish, many of Mr. Becerra's providers noted that he exhibited "symptom magnification, disproportional pain responses" and "significant muscle guarding and self-limiting behaviors," and that his "subjective complaints were out of proportion with [his doctors'] objective findings." (See, e.g. , ¶¶ 13, 17, 31.) On June 26, 2017, Mr. Becerra received an independent medical examination from physiatrist Dennis Chong, M.D. (Id. ¶ 44.) Dr. Chong found that Mr. Becerra reached maximum medical improvement with respect to his vessel-related injuries. (Id. )

Since Mr. Becerra returned home on September 23, 2016, Glacier Fish has paid Mr. Becerra's full seaman benefits, including $35.00 per day in maintenance and all of his medical costs. (Id. ¶¶ 47, 52; see also id. ¶ 49, Ex. A (spreadsheet summarizing the maintenance and cure that Glacier Fish has paid); but see Answer (Dkt. # 7) ¶¶ 47, 52 (Mr. Becerra claiming that Glacier Fish has not paid "mileage reimbursement for his travel to and from medical appointments").)

On September 20, 2017, Glacier Fish brought this declaratory judgment action, seeking an order declaring that Mr. Becerra is no longer entitled to maintenance and cure from Glacier Fish as a result of the September 20, 2016, incident. (See Compl. at 13; see also Resp. at 4.) Since this suit was filed, the parties have exchanged initial disclosures and agreed to a discovery plan. (Resp. at 4; see also JSR (Dkt. # 10).) Mr. Becerra has filed an answer with affirmative defenses. (See Answer at 5.) In addition, Glacier Fish served, and Mr. Becerra responded to, written discovery, and the parties have engaged in five discovery conferences. (Resp. at 4.) The parties also exchanged expert disclosures. (Id. ) Trial is scheduled for March 11, 2019. (See Sched. Order (Dkt. # 12) at 1.)

On September 12, 2018—almost one year after this case was initiated—Mr. Becerra filed suit against Glacier Fish in King County Superior Court, claiming Jones Act negligence, unseaworthiness, and maintenance and cure. (See Mot. at 2, Ex. 1 at 5-12 (state court summons and complaint).) That same day, Mr. Becerra filed the present motion to dismiss or, in the alternative, amend his answer to add the Jones Act negligence and unseaworthiness counterclaims and continue the case. (Mot. at 1, 3-4.) Mr. Becerra contends that this action should be dismissed in deference to his state court action. (Id. at 1-3.) Glacier Fish opposes Mr. Becerra's motion to dismiss, but does not object to Mr. Becerra amending his answer to add the counterclaims. (See Resp. at 1.) The court now addresses the motion.

III. ANALYSIS

A. Declaratory Judgment Action

A federal district court has discretion whether to hear a declaratory judgment action. See 28 U.S.C. § 2201(a) (the court "may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought.") (emphasis added); see also Gov't Emps. Ins. Co. v. Dizol , 133 F.3d 1220, 1222-23 (9th Cir. 1998). Generally, "when a state court action is pending presenting the same issue of state law as is presented in a federal declaratory suit, there exists a presumption that the entire suit should be heard in state court." First Shipmor Assocs. v. Musa , No. 92-4675 FMS, 1993 WL 181382, at *1 (N.D. Cal. May 26, 1993) (citing Cont'l Cas. Co. v. Robsac Indus. , 947 F.2d 1367, 1370 (9th Cir. 1991) ). But there is "no per se rule against the district court exercising its jurisdiction to resolve [a]... dispute when the underlying liability suit is pending in state court." Westar Marine Servs., Inc. v. Bayly , No. C 09-05489 RS, 2010 WL 1881093, at *1 (N.D. Cal. May 10, 2010) (quoting Am. States Ins. Co. v. Kearns , 15 F.3d 142, 145 (9th Cir. 1994) ). Rather, a district court should weigh "concerns of judicial administration, comity, and fairness" when deciding whether to exercise its jurisdiction under the Declaratory Judgment Act or defer to a parallel state court action. Chamberlain v. Allstate Ins. Co. , 931 F.2d 1361, 1367 (9th Cir. 1991) ; see also Coastal Alaska Premier Seafoods, LLC v. Redfern , No. C18-0345JCC, 2018 WL 2216191, at *1 (W.D. Wash. May 15, 2018) ("In a declaratory judgment action, the Court has discretion to stay a matter that is also pending in a state court proceeding.") (citing Wilton v. Seven Falls Co. , 515 U.S. 277, 286, 115 S.Ct. 2137, 132 L.Ed.2d 214 (1995) ). To effectuate the concerns of judicial administration, comity, and fairness, district courts should "avoid endorsing a party's forum shopping, needless determinations of state law, duplicative litigation, piecemeal resolution of disputes, procedural fencing, and entanglement of the state and federal courts." See Scandies Rose Fishing Co., LLC v. Pagh , No. C18-0672RSM, 2018 WL 5276587, at *1 (W.D. Wash. Oct. 24, 2018) (citations omitted).

Added to these considerations in this case is the Savings to Suitors Clause, 28 U.S.C. § 1333. This clause preserves for a civil admiralty or maritime plaintiff his choice of common law remedies. See 28 U.S.C. § 1333 ; see also Belle Pass Towing Corp. v. Cheramie , 763 F.Supp. 1348, 1354 (E.D. La. 1991) ("[T]he Saving to Suitors Clause is intended to preserve common law remedies , not to guarantee a plaintiff a particular forum."). Courts have interpreted this clause to allow a plaintiff to choose to proceed with his admiralty or maritime action in state court with a jury or in federal court. See Ocean Alaska, LLC v. Hutchison , No. C07-0294JLR, 2008 WL 3103394, at *1 (W.D. Wash. Aug. 4, 2008) (citing Belle Pass , 763 F.Supp. at 1354 ).

Mr. Becerra relies on Belle Pass Towing Corp. v. Cheramie for the proposition that, in cases involving admiralty or maritime law, a federal declaratory judgment action should be dismissed in favor of a state court action, even if the state action was filed later. (Mot. at 2 (discussing Belle Pass , 763 F.Supp. 1348 ).) Belle Pass held that "absent bad faith on the part of the defendant-employee in the federal court, a properly filed Jones Act suit requires dismissal of a declaratory judgment action which arises out of the same set of facts." 763 F.Supp. at 1355. According to Belle Pass , "this result is mandated because of the nature of the Saving to Suitors Clause, and because of the possible preclusive effects maintaining such an action would have on a suitor's Jones Act case in another court." Id. Thus, in deciding whether to dismiss a federal admiralty or maritime declaratory action, Belle Pass instructs the court to consider if the state court action is based on the same facts as the federal declaratory judgment action, and whether resolving the federal action could have any preclusive effects. Id. But, even if the court answers those questions in the affirmative, the court need not dismiss the federal declaratory judgment action if the federal defendant filed the state court action in bad faith. Id.

Although Belle...