Moore

This action was originally commenced in the Superior Court of the State of California, in and for the City and County of San Francisco, on October 2, 1956, by plaintiff, John E. Moore, a longshoreman, against defendant Fred. Olsen & Co., as shipowner, and others, seeking damages for personal injuries allegedly sustained on board the S.S. Bonanza while the vessel was in dock in the Port of Oakland in San Francisco Bay.

The complaint asserts two claims for relief; they are based upon negligence and unseaworthiness. The amount in controversy exceeds $3,000. Plaintiff is a citizen of the State of California, and the defendant is a Norwegian corporation.

The matter went ahead in the state court, and on January 10, 1958, a pretrial conference was held. At that time, the fictitious parties defendant who had been named in the complaint, namely, First Doe, Second Doe, Third Doe, Fourth'Doe, Fifth Doe, Sixth Doe, Seventh Doe, Eighth Doe, Ninth Doe, Tenth Doe, Black Corporation, a California corporation, and White Company, were dismissed. There remained on that date but the two adverse parties.

Twelve days after the aforementioned pre-trial conference and dismissal of fictitious parties,…