Island Navigation Co. v. M/V Viking Serenade

MEMORANDUM **

Island Navigation appeals from the judgment of the district court. Island Navigation asserts several grounds for appeal, challenging the district court’s setting the case for trial on short notice, challenging the district court’s interpretation of the tariff schedule, and challenging the district court’s evidentiary rulings.

Island Navigation first contends that the district court abused its discretion by setting the case for trial on two business days’ notice. Under the circumstances, there was no abuse of discretion. The record demonstrates that the case had been set for pretrial conference and for trial numerous times throughout the several years of the litigation, following ordinary procedures, but those dates had been continued as the case progressed. By the time trial was to be finally set, the court had already granted judgment against Island Navigation on its claims and had determined which tariff rate applied. In addition, the parties had already agreed upon much of the evidence, leaving only one factual issue to be determined-the average number of Island Navigation’s boats which serviced Royal Caribbean’s cruise ship. On this issue, the parties had…