Bay Marine Boatworks, Inc. v. S/Y Pursuit

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BAY MARINE BOATWORKS, INC., Case No. 3:20-cv-05399-WHO

Plaintiff,

ORDER ON MOTION TO AMEND

v. SETTLEMENT AGREEMENT

S/Y PURSUIT, et al., Re: Dkt. No. 93 Defendants.

12 For nearly two years, a ship has sat in a Richmond boatyard. More than a year after the parties in this admiralty case agreed to a settlement agreement to remove the vessel, it is still there. Plaintiff Bay Marine Boatworks, Inc. dba Svendsen’s Bay Marine (“Svendsen’s”), the owner of the yard, moves to amend the parties’ settlement agreement to increase the penalty for delay that the parties negotiated. Because its reason for doing so is the vessel owner’s delay and the penalty was freely negotiated to address that exact situation, the motion is denied. But should the vessel not be removed within two weeks, I would hear a motion to enforce (not amend) the settlement— including through coercive sanctions—on an expedited timeline. BACKGROUND…