Estate of Umar v. Bensch

ADDITIONAL CASES In the Matter of the Complaint, -of- Christopher Bensch, as Owner of the M/V “Loch Lomond,” a 2002 46′ Sunseeker Camargue 44, for Exoneration from or Limitation of Liability, Petitioner; 19-CV-35 In the Matter of the Complaint, -of- Waikiki Watercraft, LLC, as Owner of a 2009 Yamaha Motor Co., Ltd. Waverunner, a VX personal watercraft, ten feet, six inches long, Petitioner; 19-CV-559 DECISION AND ORDER   These actions arise from an August 26, 2018 boating accident on the Niagara River, which resulted in the death of Ahmed Abdulla Umar. The executor of Umar’s estate, Ameera Umar, filed a wrongful death action in New York state court against Christopher Bensch, who owned and operated the boat involved in the accident, and Waikiki Watercraft, LLC, which rented a jet ski to Umar. Bensch removed the wrongful death action to this Court on the basis of admiralty and maritime jurisdiction under 28 U.S.C. §1333. Bensch and Waikiki both subsequently commenced separate actions in this Court seeking exoneration or limitation of liability for the August accident. On October 28, 2019, this Court¹ referred these cases to United States Magistrate Judge Jeremiah M. McCarthy for all proceedings under 28 U.S.C. §636(b)(1)(A) and (B). Umar Dkt. 9;² Bensch Dkt. 16; Waikiki Dkt. 13. Presently before the Court are Judge McCarthy’s Reports and Recommendations (“R&Rs”) addressing the estate’s motion to remand the wrongful death action, including a request for an award of costs and attorney’s fees (Umar Dkt. 4); the estate’s motions to dismiss the exoneration/limitation actions commenced by Bensch and Waikiki (Bensch Dkt. 13; Waikiki Dkt. 8); and Bensch’s and Waikiki’s motions for leave to amend their complaints (Bensch Dkts. 19, 27; Waikiki Dkt. 23). For the reasons discussed below, the Court accepts Judge McCarthy’s recommendations, with two exceptions — this Court denies the motions for leave to amend on the additional basis of futility and denies the estate’s request for an award of costs and attorney’s fees. BACKGROUND On October 30, 2018, Umar’s estate commenced a wrongful death action in New York state court against Bensch and Waikiki. Umar Dkt. 1-1, Compl. This action alleged that Bensch negligently operated his boat and that Waikiki negligently failed to train Umar properly in operating the jet ski. Umar Dkt. 1-1, Compl.