Copitas

Copitas v. Fishing Vessel Alexandros

Good Law
20 F. App'x 744
United States Court of Appeals for the Ninth CircuitOctober 15, 2001No. 99-17068; D.C. No. CV-98-00013-JSUCalifornia1,513 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiffs George Copitas and Joseph Gargas appeal the district court’s dismissal of their suit against the Fishing Vessel Alexandres, its corporate owner, and the owner’s principal stockholder, on the basis of forum non conveniens. Plaintiffs, alleging that they are sailors seeking to recover wages for working on the vessel, brought their action in the District Court of Guam. The defendant vessel is registered in Pa-pua New Guinea, and its owner is incorporated there. The principal shareholder of the owner is a resident of Australia. Plaintiffs allegedly were hired to commence work in Singapore.

The district court dismissed the suit in favor of the courts of Papua New Guinea (hereafter “PNG”). We conclude that the district court did not abuse its discretion in dismissing the case on the ground of forum non conveniens, and we therefore affirm.

A district court’s determination of forum non conveniens will not be reversed absent a clear abuse of discretion. Lueck v. Sundstrand Corp., 236 F.3d 1137, 1143 (9th Cir.2001). A party moving to dismiss on the ground of forum non conveniens must show: (1) the existence of an adequate alternative forum, id., and (2) that the…

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