Mark Kane v. Matson Navigation Company

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 6 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARK KANE, an individual, No. 23-15534

Plaintiff-Appellant, D.C. No. 3:22-cv-04583-WHO

v.

MEMORANDUM*

MATSON NAVIGATION COMPANY, a Hawaii corporation; THEODORE E. BERNHARD, an individual,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California William Horsley Orrick, District Judge, Presiding

Argued and Submitted April 10, 2024 San Francisco, California

Before: TASHIMA, GRABER, and SUNG, Circuit Judges.

Mark Kane, a crewmember on the M/V Kaimana Hila, sued the ship’s

owner, Matson Navigation Co., and its captain, Theodore E. Bernhard, alleging

state law and maritime claims arising out of the termination of his employment.

Kane appeals the district court’s partial grant of the motion to dismiss in favor of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Matson on Kane’s claims relating to the California Fair Employment and…