In Re Arntz
Opinion
Opinion
Selna, J.
ORDER DENYING RESPONDENT OARLOCK’S MOTION TO DISMISS COMPLAINT
Respondent Daniel E. Carlock (“Car-lock”) has filed the instant motion to dismiss Ray Leslie Arntz’s (“Arntz”) Complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. For the reasons set forth below, the motion is denied.
I. BACKGROUND
This case arises out of a scuba diving excursion gone awry (“the Incident”). On April 25, 2004, Carlock participated in a scuba dive off the coast of Southern California with his certifying dive shop, Ocean Adventures Dive Co., on the Sundiver vessel. (Compl., ¶¶ 13-14.) Carlock was left behind when the Sundiver and its crew departed the dive spot. (Id., ¶¶ 16-25.) As a result, Carlock remained alone at sea for several hours, before being spotted and rescued by a passing ship. (Id., ¶¶ 25-28.) On January 27, 2005, Carlock filed an action in state court naming Arntz and others as defendants.
On February 14, 2005, Arntz, as an owner pro hac vice of MV Sundiver, filed a Complaint for Exoneration From or Limitation of Liability within the meaning of the Limitation of Liability Act, 46 U.S.C. §§ 185-91 (“the Act”). The Act, in relevant part, limits shipowner…