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15-72873 - Chugach Management Services, et al v. Edwin Jetnil, et al


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15-72873 - Chugach Management Services, et al v. Edwin Jetnil, et al
July 21, 2017
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FILED OPINION (WILLIAM C. CANBY, MARY H. MURGUIA and CYNTHIA M. RUFE) We grant Chugach’s and the Director’s motions to take judicial notice of the fact that Jetnil died on May 10, 2015. But contrary to the Director’s arguments, Jetnil’s death does not moot this case. Although Chugach cannot recoup the payments already made, see Stevedoring Servs. of Am. Inc. v. Eggert, 953 F.2d 552, 555–57 (9th Cir. 1992), and is not liable for additional wage compensation, Chugach argued in its appellate briefing and at oral argument that it remains liable to Jetnil for $60,000 pursuant to 33 U.S.C. § 908(c)(15), and that Jetnil’s survivors are entitled to recover that money even after Jetnil’s death, pursuant to 33 U.S.C. § 908(d)(3). Jetnil’s counsel stated at oral argument that Jetnil’s family intends to pursue this money if we resolve this case in Jetnil’s favor. The Director and Jetnil disagree whether such a claim would be timely, but that disagreement does not render this case moot, as Jetnil’s survivors still have a statutory basis to assert their claim, even if it ultimately proves to be time-barred.; DENIED. Judge: MHM Authoring. FILED AND ENTERED JUDGMENT. [10516662]