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By Jenna Sundel
News Reporter
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A lawsuit filed by the family of an OceanGate Titan submersible implosion victim will be sent back to state court, but the judge declined to pay the requested attorney fees.
Judge Lauren King of the Western District of Washington granted a motion to remand on Friday filed by Richard Ortoli, the administrator of Paul-Henri Nargeolet's estate.
Why It Matters
Nargeolet was one of five people killed in the OceanGate submersible implosion in 2023. The individuals were on an expedition to view the wreck of the Titanic.
Read More on News
Following the incident, several industry experts raised concerns about the safety of the watercraft.
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What To Know
Ortoli filed a suit against OceanGate and several others in King County Superior Court in 2024, alleging vessel unseaworthiness, wrongful death, negligence, liability and pre-death pain and suffering.
One of the defendants in the case, Janicki Industries, Inc., moved the case from King County to the Western District of Washington before any defendants were served. The notice of removal argued that the federal court had jurisdiction because Ortoli is a Florida citizen appointed as personal representative by a New York court, and the defendants are all from different states.
Ortoli filed the motion to remand in September. He argued that Janicki improperly engaged in "snap" removal before the defendants were served.
King found the case was not removable under the law, but she declined to consider his argument that Janicki engaged in "snap" removal.
The judge declined to award attorney's fees and costs because Ortoli did not identify any unusual circumstances, and she found Janicki's position was "objectively reasonable."
When Did The Titan Submersible Go Down?
The Titan submersible began its descent on June 18, 2023, at 9:18 a.m. The submersible communicated with the Polar Prince, a ship that transported Titan and the expedition's crew to the dive site, via text about every 15 minutes. The ship also received a "ping" every 5–10 seconds.
When Did The Submarine Implode?
The Polar Prince received its final text from the Titan at 10:47 a.m. and its final ping from the submersible seconds later.
How Long Was The Titan Underwater Before It Imploded?
The Titan was underwater for about an hour and 45 minutes before it imploded.
Who Was On Board The Titan Submersible When It Imploded?
Paul-Henri Nargeolet was a French deep-sea explorer and Titanic expert. He was nicknamed "Mr. Titanic." At the time of his death, he was living in New York.
The other passengers on the submersible were the American CEO of OceanGate Stockton Rush, British businessman Hamish Harding, Pakistani-British businessman Shahzada Dawood and his son, Suleman Dawood.
What People Are Saying
Judge Lauren King, in an order granting the motion to remand: "Because the Court finds that the case was not removable, it grants Ortoli's motion to remand and does not consider his other argument that Janicki improperly engaged in snap removal."
What Happens Next
All further proceedings in the case will be remanded to the King County Superior Court.
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