UNITED ST ATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

EUGENE DIVISION 

LUKE HOTTMANN, a seaman, 6:15-CV-541-TC 

Plaintiff, 

v. FINDINGS & RECOMMENDATION 

HATCH MARINE ENTERPRISE, LLC, an 

Idaho limited liability company, in personam; 

BRYCE HATCH, an Idaho resident, in 

personam; and the F N NEWFIE 

ADVENTURE; a fishing vessel, her tackle, 

gear, furniture, apparel and equipment, in rem, 

Defendants. 

COFFIN, Magistrate Judge: 

This is an admiralty and maritime action brought pursuant to the Jones Act in which plaintiff 

alleges he was injured while working aboard the FN NEWFIE ADVENTURE. Defendants deny 

that plaintiff was injured on the FN NEWFIE ADVENTURE and contend that any injury plaintiff 

had occurred after his time aboard the vessel. The action was removed to this court on the basis of 

both diversity and original jurisdiction. 

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Case 6:15-cv-00541-TC Document 72 Filed 10/03/16 Page 1 of 3
Presently before the court is plaintiff's motion (#52) for partial summary judgment on the 

maintenance and cure claim and defendants' motion (#55) for partial summary judgment on 

punitive damages. For the reasons stated below, the motions should be denied. 

STANDARDS 

Federal Rule of Civil Procedure 56 allows the granting of summary judgment: 

if the pleadings, the discovery and disclosure materials on file, and any affidavits 

show that there is no genuine issue as to any material fact and that the movant is 

entitled to judgment as a matter of law. 

Fed. R. Civ. P. 56(c). There must be no genuine issue of material fact. Anderson v. Liberty Lobby, 

Inc., 477 U.S. 242, 247-48 (1986). 

The movant has the initial burden of establishing that no genuine issue of material fact exists 

or that a material fact essential to the nonmovant's claim is missing. Celotex Corp. v. Catrett, 477 

U.S. 317, 322-24 (1986). Once the movant has met its burden, the burden shifts to the nonmovant 

to produce specific evidence to establish a genuine issue of material fact or to establish the existence 

of all facts material to the claim. Id.: see also, Bhan v. NME Hosp., Inc., 929 F.2d 1404, 1409 (9th 

Cir. 1991); Nissan Fire & Marine Ins. Co., Ltd., v. Fritz Cos., Inc., 210 F.3d 1099, 1105 (9th Cir. 

2000). In order to meet this burden, the nonmovant "may not rely merely on allegations or denials 

in its own pleading," but must instead "set out specific facts showing a genuine issue of fact for 

trial." Fed. R. Civ. P. 56(e). 

Material facts which preclude entry of summary judgment are those which, under applicable 

substantive law, may affect the outcome of the case. Anderson, 477 U.S. at 248. Factual disputes 

are genuine if they "properly can be resolved only by a finder of fact because they may reasonably 

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be resolved in favor of either party." Id. On the other hand, if, after the court has drawn all 

reasonable inferences in favor of the nonmovant, "the evidence is merely colorable, or is not 

significantly probative," summary judgment may be granted. Id. 

DISCUSSION 

The parties agree that plaintiff sought and received treatment for a back injury. They disagree 

on whether any injury had occurred on the vessel. 

The underlying factual issue on the element of causation affects both parties' motions for partial 

summary judgment. After the court draws all reasonable inferences in favor of the nonmovant for 

each motion, it is apparent a trial is the best course of action at this time. Even if there were not 

manifest factual disputes present, it would be better to proceed to a full trial on the claims because 

in the circumstances of this case a fuller record will afford a more substantial basis for decision. See 

Anderson v. Liberty Lobbv Inc., 477 U.S. 242, 255 (1986); Anderson v. Hodel, 899 F.2d 766, 770-

771 (91

h Cir. 1990). 

CONCLUSION 

Plaintiffs motion (#52) for partial summary judgment on the maintenance and cure claim should 

be denied. 

Defendants' motion (#55) for partial summary judgment on punitive damages should be denied. 

DATED this__]___ day of October, 2016. 

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