Madeja

Madeja v. Olympic Packers, LLC

Good Law
310 F.3d 628·2002 WL 31429839
United States Court of Appeals for the Ninth CircuitOctober 31, 2002No. 01-16447California4,796 words

Opinion

Lead Opinion

Tashima, J.

Sampson Madeja (“Madeja”), Jose Rodriguez (“Rodriguez”), Michael Steven Mal-lars (“Mallars”), Solví Olafsson (“Olafs-son”), and Olafur Skagvik (“Skagvik”) (collectively “Appellants”) appeal from the district court’s final judgment in this admiralty action, entered after a bench trial, denying them relief on the majority of their claims, filed in personam against Olympic Packer, LLC (“Olympic”), and in rem against the vessel Fierce Packer, for, inter alia, unpaid wages, penalty wages, and wrongful discharge. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. BACKGROUND

Olympic, a Washington limited liability corporation, is the legal owner of the Fierce Packer, a 163-foot ship chartered to Interisland ' Maritime Services, Inc. (“IMAR”), on November 29, 1999. The “Bareboat Charter Agreement” required that IMAR be responsible for all operating, crew, maintenance, repair, and insurance costs during the charter period. During the IMAR charter period, Olympic played no role either in the hiring and control of the crew, or in the navigation of the ship.

While negotiating the charter agreement, Ron Ellis (“Ellis”), the president of IMAR, inquired as to the…

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