Honolulu Marine, Inc. v. M/V Noio, O.N. 1035347

MEMORANDUM *

John R. Orsini (“Orsini”) appeals a non-jury trial disposition in an action by Honolulu Marine, Inc. (“HMI”) to enforce a maritime lien against the vessel “Noio” for unpaid haul out, drydock, and ship repair services performed by HMI between 1996 and 1998. Among a host of contentions, Orsini asserts that the district court erred in denying Orsini summary judgment as to his laches defense and in denying Orsini costs and reasonable attorneys’ fees incurred defending against HMI’s in person-am claim against Orsini.

Whether HMI had an affirmative duty to plead an excuse for delay.

As Fed.R.Civ.P. 15(a) provides, leave to amend “shall be freely given when justice so requires.” Id. Here, any purported pleading error could have been easily cured. Moreover, since the issue of laches had already gone to trial, dismissal at such a late stage in the proceedings for a pleading defect would have been manifestly unfair.

Whether there was an insufficient factual basis for HMI to overcome Orsini’s laches defense.

Orsini contends that excuses within the control of the maritime lien claimant and not attributable to the conduct of the party asserting laches are not valid excuses…