Arcelormittal Indiana Harbor LLC v. Amex Nooter, LLC

194 F. Supp. 3d 804, 2016 U.S. Dist. LEXIS 90710, 2016 WL 3746369
CourtDistrict Court, N.D. Indiana
DecidedJuly 13, 2016
DocketCAUSE NO.: 2:15-CV-195-PRC
StatusPublished
Cited by5 cases

This text of 194 F. Supp. 3d 804 (Arcelormittal Indiana Harbor LLC v. Amex Nooter, LLC) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arcelormittal Indiana Harbor LLC v. Amex Nooter, LLC, 194 F. Supp. 3d 804, 2016 U.S. Dist. LEXIS 90710, 2016 WL 3746369 (N.D. Ind. 2016).

Opinion

OPINION AND ORDER

MAGISTRATE JUDGE PAUL R. CHERRY, UNITED STATES DISTRICT COURT

This matter is before the Court on a Motion of Amex Nooter, LLC to Dismiss [DE 48], filed by Defendant Amex Nooter, LLC (“Amex Nooter”) on January 29, 2016. Plaintiff ArcelorMittal Indiana Harbor LLC (“Indiana Harbor”) filed a response on February 12, 2016, and Amex Nooter filed a reply on February 19, 2016. This matter is also before the Court on a Motion of Amex Nooter, LLC’s to Supplement the Record in Further Support of Its Motion to Dismiss and Its Reply in Support [DE 68], which was fully briefed on May 6, 2016.

PROCEDURAL BACKGROUND

On May 15, 2015, Plaintiff Indiana Harbor filed a Complaint against Defendant Amex Nooter, and, on July 14, 2015, Amex Nooter filed its Answer. On December 21, 2015, Indiana Harbor filed an Amended Complaint.

According to a Supplemental Jurisdictional Statement, filed on June 28, 2016, on the Court’s Order, Plaintiff Indiana Harbor is a limited liability company, whose [807]*807sole member is ArcelorMittal USA- LLC. ArcelorMittal USA LLC is a limited liability company whose sole member is Arcelor-Mittal USA Holdings II LLC. ArcelorMit-tal USA Holdings II LLC is a limited liability company whose sole member is ArcelorMittal Holdings LLC. ArcelorMit-tal Holdings LLC is a limited liability company whose sole member is ArcelorMittal USA Holdings LLC. ArcelorMittal USA Holdings LLC is a limited liability company whose sole member is Ispat Inland S.A.R.L., which is wholly owned by Arce-lorMittal S.A., a Luxembourg corporation with its principal place of business in Luxembourg. According to a Second Supplemental Jurisdictional Statement, filed on July 12, 2016, on the Court’s order, Ispat Inland S.A.R.L. was formed in the country of Luxembourg, is a Luxembourg entity, and has its principal place of business in Luxembourg City, Luxembourg.

Amex Nooter’s Federal Rule of Civil Procedure 7.1 statement, filed with this Court on June 25, 2015, provides that Amex Nooter LLC is a Missouri limited liability company that is wholly owned by Nooter Construction Company, a Missouri corporation. The Supplemental Jurisdictional Statement provides that Nooter Construction Company’s principal place of business is St. Louis, Missouri.

The following facts are taken from the allegations of the Amended Complaint and the documents attached to the Amended Complaint.

Indiana Harbor is a steel manufacturer. Amex Nooter is an experienced pipefitter contractor. On April 3, 2013, there was an explosion and fire at the Number 3 Blast Furnace at Indiana Harbor’s Indiana Harbor West Facility in East Chicago, Indiana. The explosion and fire injured two Amex Nooter pipefitter employees — Kor-rie Griffith and Robert Swimline — and caused extensive damage to Indiana Harbor’s facility. Indiana Harbor alleges that the injuries and damage were the result of the improper actions of Amex Nooter. :

Twenty months earlier, on August 19, 2011, ArcelorMittal USA LLC (“Arcelor-Mittal USA”) entered into a Contractor Work Master 'Agreement (“AMUSA-102 Master Agreement”) with Amex Nooter for work to be performed for “ArcelorMit-tal Companies in the USA.” (Am. Compl., Ex. A). Under the AMUSA-102 Master Agreement, ArcelorMittal USA is the “Owner Signatory” and Amex Nooter is the “Contractor.” Id. (Execution Sheet).

The AMUSA-102 Master Agreement provides that an “Owner” may issue a Purchase Order to Amex Nooter. See (Am. Compl., Ex. A, Execution Sheet, ¶ l.c). The AMUSA-102 Master Agreement defines “Owner” as the “Owner Company issuing the Purchase Order applicable to this Contractor Work Contract.” (Am. Compl., Ex. A, p. 2 of AMUSA-102 General Terms and Conditions, § l(x)). “Owner Companies” is defined as “Owner Signatory and any entity that is organized under the laws of a state in the United States and is directly or indirectly controlled by, or under control of ArcelorMittal SA.” Id. § l(xi).

A Purchase Order contains the nature and scope of the services that the Contractor is to provide and the price or manner for calculating the price to be paid to the Contractor for its services outlined in the Purchase Order. See (Am. Compl., Ex. A, Execution Sheet, ¶ l.c).

The AMUSA-102 Master Agreement provides that a Contractor may accept a Purchase Order “either by express acceptance thereof or by beginning performance of the Contractor Work specified therein.” See (Am. Compl., Ex. A, Execution Sheet, ¶ 3). In addition, “[e]ach Contractor acceptance of a Purchase Order shall create a separate binding and enforceable contract (a ‘‘Contractor Work Contract”) with respect thereto, with each Contractor Work [808]*808Contract consisting of the Safety Handbook, the AMUSA-102 General Terms and Conditions, the Purchase Order, and any Other Contractual Documents.” See id. (emphasis added).

The AMUSA-102 Master Agreement provides that the “Owner Signatory” (Ar-celorMittal USA) is not liable or responsible to the Contractor (Amex Nooter) for the Owner’s failure to pay for work or any other Owner default or breach of a Contractor Work Contract. See (Am. Compl., Ex. A, Execution Sheet, ¶ l.c).

On March 12, 2013, Indiana Harbor issued to Amex Nooter Purchase Order Nos. N489391 and N489392, which defined the scope of services to be performed by Amex Nooter on April 3, 2013. See (Am. Compl., Ex. B). Pursuant to the Purchase Orders, Amex Nooter was to rebuild the excess gas bleeder pilot burner cabinets at Blast Furnace No. 3 and Blast Furnace No. 4 at Indiana Harbor’s Indiana Harbor West facility in East Chicago, Indiana. Amex Nooter was to replace natural gas lines and compressed air lines in the pilot ignitor cabinet and main burner cabinet at the two blast furnaces. On April 3, 2013, Amex Nooter began performing the work outlined in the Purchase Orders. See (Am. Compl., Ex. A, Execution Sheet, ¶ 3).

Pursuant to Section 3 of the AMUSA-102 General Terms and Conditions, Amex-Nooter was required to comply with the Safety Handbook. See (Am. Compl., Ex. A, p. 4 of AMUSA-102 General Terms and Conditions).

Pursuant to Section 22 of the AMUSA-102 General Terms and Conditions, Amex Nooter agreed to indemnify, defend, and save harmless the Owner from and against any and all claims, including lawsuits and demands, made in connection with services provided by Amex Nooter on the Owner’s premises. (Am. Compl., Ex. A, p. 18 of AMUSA-102 General Terms and Conditions, § 22(a)). Section 22 further provides that, “[i]n the event of any Claim covered under Section 22(a) above, immediately upon Owner’s demand Contractor shall assume at its expense ... the defense of any action ... that may be brought against [Owner].” Id. at § 22(b).

Pursuant to Section 23 of the AMUSA-102 General Terms and Conditions, Amex Nooter agreed to obtain commercial general liability insurance that covered the Owner as an additional insured with respect to claims arising out of the work being performed by Amex Nooter on the Owner’s premises.

The April 3, 2013 fire at Blast Furnace No. 3 is alleged to be the result of the negligent actions of Amex Nooter and its employees when the employees removed a valve, natural gas rushed out, and the natural gas was ignited by a nearby space heater, causing a fire that engulfed the cabinet and caused injuries to Swimline and Griffith.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
194 F. Supp. 3d 804, 2016 U.S. Dist. LEXIS 90710, 2016 WL 3746369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arcelormittal-indiana-harbor-llc-v-amex-nooter-llc-innd-2016.