Jeff Gruver v. Lesman Fisheries Inc. Bob Lesman F/v Sunset Charge, Official Number 534685, in Rem

Good Law
489 F.3d 978·2007 WL 1614851·2007 A.M.C. 1559·2007 U.S. App. LEXIS 13020
United States Court of Appeals for the Ninth CircuitJune 6, 200705-35916California3,859 words

Opinion

Opinion

Berzon, J.

This case raises the question whether a fight aboard a ship between a seaman and his former maritime employer over unpaid wages can give rise to federal admiralty jurisdiction. We find that it does and therefore reverse the district court’s dismissal of the case for lack of subject matter jurisdiction.

I.

Jeff Gruver worked as a deckhand for Lesman Fisheries, Inc. aboard the shrimp and crab boat F/V Sunset Charge (“the Sunset Charge”) from May through June 2004. Robert Lesman is the owner and captain of the Sunset Charge and was Gruver’s direct supervisor during the time Gruver worked on the boat.

Gruver quit his job on the Sunset Charge in early June 2004 to begin working on a different fishing vessel, the F/V Adventurous (“the Adventurous”). At the time he left his job on the Sunset Charge, Gruver was owed some wages. Soon thereafter, Gruver angrily confronted Les-man at the dock, demanding his unpaid wages. Lesman mailed Gruver his final paycheck. While the check was in transit, Gruver called and left a threatening message on Lesman’s voicemail. In the message, Gruver demanded the money and warned that he would hurt Lesman and damage the Sunset Charge if he was not paid.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.