testimony to suggest the parties' vessel location on that fateful morning.
(3) Plaintiff presents several black-and-white photographs of the Santa Crux. Presumably Plaintiff believes these pictures show a resemblance between the Santa Cruz and Thomas Guth's description of the swamping vessel. But the Court fails to grasp how black-and-white pictures corroborate a black and red description. This evidence consequently would have no probative value to the trier of fact.
(4) Plaintiff's Exhibit 4 is an excerpt from the APL Korea's Third Mate's deposition. Plaintiff also offers parts of the APL Korea's logbook. Unsurprisingly, the Third Mate says that the APL Korea never came near the Ingomar. The logbook bears out that assertion. These materials, because of their self-interested source, have little or no evidentiary weight.*fn2
(5) Plaintiff submits the Coast Guard Report, which merely states that the Ingomar was swamped but later helped to port. The report records nothing indicating that the Santa Cruz was in the vicinity, let alone that it was the swamping vessel.
(6) Plaintiff presents an excerpt from Thomas Guth's deposition, in which he described the swamping vessel's color scheme. Once again, Plaintiff presents no evidence relating to the Santa Cruz's color scheme. Therefore, Mr. Guth's testimony has no relevance.
(7) Lastly, Plaintiff presents a letter from Magistrate Judge Stiven urging settlement for the APL Korea case. If anything, this evidence argues against Plaintiff's position in this case because it shows that Plaintiff's claim against the APL Korea was sufficiently strong to merit a six figure proposed settlement.
In short, the evidence presented reveals no genuine issue of material fact. Ironically, it is Plaintiff's own testimony that most strongly favors summary judgment in this case. "The first boat that went by was the APL. . . . that was when all the masts and all went down." (Decl. of Julie A. Mote Ex. H (Decl. of Lenn Gagne)). Defendant is entitled to judgment as a matter of law.*fn3
IV. CONCLUSION AND ORDER
In light of the foregoing, the Court holds that Plaintiff is judicially estopped from asserting that Defendant's Santa Cruz swamped Plaintiff's Ingomar.
The Court GRANTS Defendant's Motion for Summary Judgment. (Doc. No. 30-1). The Court DENIES Defendant's Motion for Rule 11 Sanctions. (Doc. No. 37-1) The Court DENIES Defendant's Motion for Security Costs as moot. (Doc. No. 28-1). The Clerk of Court shall close the district court file.