Morris Johnson, Jr. v. Columbia Properties Anchorage, Lp, Morris Johnson, Jr. v. Columbia Properties Anchorage, Lp

Good Law
437 F.3d 894·2006 WL 306765·2006 U.S. App. LEXIS 3264
United States Court of Appeals for the Ninth CircuitFebruary 10, 200604-35592, 04-35671California3,420 words

Opinion

Opinion

Fletcher, J.

Morris Johnson sued Columbia Properties Anchorage LP (“Columbia”) for breach of contract in an Alaska state court, alleging, inter alia, that Columbia failed to pay for crane services he provided in connection with the construction of the Marriott Hotel in Anchorage. After Columbia removed the case, the federal district court denied Johnson’s motion to remand and granted Columbia’s motion for partial summary judgment. We hold that the district court properly exercised jurisdiction over this case, and that it correctly held that Johnson’s claim for payment for the crane services is time-barred. Finally, we hold that the district court did not abuse its discretion in denying attorneys’ fees to Columbia.

I. Background

Johnson is a citizen of Alaska. Columbia is a limited partnership organized in Ohio. Its two partners, CP Anchorage, GP, LLC, and CSC Holdings, LLC, are limited liability companies (LLCs), also organized in Ohio. The two LLCs are owned by a Eentucky corporation; by an Ohio corpo ration; and by a trust whose sole trustee is a bank incorporated in Delaware with its principal place of business in Minnesota.

Columbia managed the construction of the Marriott Hotel in…

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