Smith v. The Pasha Group
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 HARVEY SMITH, Case No. 21-cv-04250-MMC
Plaintiff, ORDER DENYING PLAINTIFF'S v. MOTION TO ALTER JUDGMENT OR
FOR NEW TRIAL
M/V HORIZON SPIRIT, et al.,
Defendants.
12 Before the Court is plaintiff Harvey Smith's ("Smith") "Motion to Alter the Judgment and Motion for New Trial," filed April 7, 2023. Defendant Sunrise Operations, LLC ("Sunrise") has filed opposition, to which Smith has replied. Having read and considered the papers filed in support of and in opposition to the motion, the Court rules as follows.
A. Motion to Alter Judgment Pursuant to Rule 59(e) of Federal Rules of Civil Procedure 18 In the instant action, Smith asserts that, as a member of the crew of a Sunrise 19 vessel, the Horizon Spirit, he injured his back while moving crates at the direction of 20 Christopher Kluck, the ship's captain. On March 9, 2023, the jury returned its verdict, 21 wherein the jury found that Sunrise was negligent, that Sunrise's…