Southwest Marine, Inc. v. Campbell Industries

MEMORANDUM OF OPINION AND ORDER RE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF’S REQUESTS FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND FOR ATTORNEY’S FEES

The court has reviewed the pleadings submitted by the parties and has heard oral argument regarding defendant’s motion for summary judgment. After due deliberation, the court grants said motion for the following reasons.

PROCEDURAL STATUS OF THE CASE

This matter proceeded to jury trial in this court in November, 1980. The jury returned a verdict which stated that defendants had concertedly induced the Port District to exclude plaintiff from the graving dock, in violation of the Sherman Act, but that plaintiff was barred from recovery on pañ delicto grounds.

On plaintiffs appeal, 732 F.2d 744 the Ninth Circuit held that the pan delicto defense had not been established, because the record did not provide a legally sufficient basis for imputing Mr. Engel’s conduct to the corporation which he formed and controlled.

The case was then remanded to the trial court on May 7, 1984, to determine whether defendants were entitled to a new trial, on the grounds that the jury had been exposed to documents that were not…