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Johnson v. Wang

United States District Court, W.D. Washington, Seattle

July 30, 2018

GEORGE JOHNSON, Plaintiff,
v.
DONALD P. WANG IN PERSONAM; THE F/V THOR, OFFICIAL No. 224713, HER ENGINES, MACHINERY, APPURTENANCES AND CARGO, PN REM, Defendants.

          LAW OFFICE OF JOHN MERRIAM and Neil Lindquist John W. Merriam WSBA #12749 Attorney for Plaintiff

          Donald P. Wang Pro Se Defendant

          PARTIES' STIPULATED PRETRIAL ORDER

          JAMES L. ROBART UNITED STATES DISTRICT JUDGE.

         JURISDICTION

         Jurisdiction is vested in this Court by virtue of 28 U.S.C. § 1333.

         CLAIMS AND DEFENSES

         The plaintiff will pursue at trial the following claims: Quantum meruit wages under the general maritime law, and to prevent unjust enrichment to the defendants; double wage penalties and attorney fees for the failure to pay wages, without any bona fide dispute over plaintiffs entitlement; punitive damages for the willful and wanton refusal to pay wages; prejudgment interest.

         1. Because Defendant's counterclaim was terminated on 8/22/2017, Defendant will pursue the following affirmative defenses:

a. Lack of consideration
b. Fraud
c. Unclean hands

         ADMITTED PACTS

         The following facts are admitted by the parties:

1. The F/V Thor is a 62-foot wooden halibut schooner of 70 gross tons, built 1925 in Tacoma.
2. Defendant Wang purchased the F/V Thor on July 12, 2016 for $25, 000.
3. Defendant Wang applied for and was issued a commercial fishing license for the F/V Thor with George Johnson's name on it.
4. Throughout July and August of 2016, Defendant Wang and plaintiff Johnson engaged in discussions regarding George Johnson skippering the F/V Thor for the 2016 Tuna Season, ...

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