Miniace

ORDER GRANTING PMA’S MOTION FOR SUMMARY JUDGMENT; GRANTING IN PART MINIACE’S MOTION FOR SUMMARY JUDGMENT; AND GRANTING IN PART COBURN’S MOTION FOR SUMMARY JUDGMENT

On December 9, 2005, the Court heard argument on three related motions: a motion for partial summary judgment by defendant Pacific Maritime Association (“PMA”) against plaintiff Joseph Miniace; Miniace’s motion for partial summary judgment against PMA and Maritech Cor poration; and cross-defendant Jeanette Coburn’s motion for partial summary judgment against PMA and Maritech. Having carefully considered the arguments of counsel and the papers submitted, and for good cause appearing, the Court hereby GRANTS PMA’s motion in its entirety, GRANTS IN PART Miniace’s motion, and GRANTS IN PART Coburn’s motion.

BACKGROUND

Defendant and counterclaimant PMA is a “nonprofit mutual benefit corporation” organized and existing under California law. Second Am. Counterclaims and Cross-Claims, ¶ 1; Decl. of Linda Q. Foy in Support of PMA Mot. (“Foy Decl.”), Exh. 1 at ¶ 3. PMA’s members consist of maritime shipping carriers, maritime terminal operators, and stevedore companies that service ports on the West Coast of the United States.…