Honolulu Marine, Inc. v. M/V Noio

AMENDED 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.

Notwithstanding any pleading error that may have occurred, the district court correctly found that the evidence presented at trial negated laches.

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 hen claimant and not attributable to the conduct of the party asserting laches are not valid excuses for delay. However, none of the cases proffered by Orsini bear out this proposition. The district court properly noted that “Orsini knew of HMI’s hens before [Orsini] filed suit in…