Rockwell

Rockwell v. Swenson

Good Law
141 F. App'x 665
United States Court of Appeals for the Ninth CircuitAugust 15, 2005No. 04-35071; D.C. No. CV-01-00242-A-RRBCalifornia656 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff Seth Rockwell invoked the district court’s admiralty jurisdiction, seeking seaman’s wages and reimbursement of expenses incurred in the operation of the M/V Arch I. Defendant Eric Swenson moved for summary judgment, arguing that the district court lacked subject matter jurisdiction on the ground that Rockwell was his partner and was seeking an accounting. See Ward v. Thompson, 63 U.S. 330, 333 , 22 How. 330 , 16 L.Ed. 249 (1859) (“A court of admiralty takes cogni *666 zance of certain questions between part owners, as to the possession and employment of the ship, but will not assume jurisdiction in matters of account between them”). The district court denied summary judgment. After a bench trial, the district court held that Rockwell was Swenson’s employee, not his partner. The district court awarded Rockwell $41,580 in unpaid wages and $10,896.39 in non-reimbursed expenses. It also imposed a maritime hen.

The existence of subject matter jurisdiction is a question of law reviewed de novo. Providence Health Plan v. McDowell, 385 F.3d 1168, 1171 (9th Cir.2004). The district court’s findings of fact relevant to its determination of subject matter jurisdiction…

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