Johnson v. PPI Technology Services, L.P.

926 F. Supp. 2d 873, 84 Fed. R. Serv. 3d 1401, 2013 WL 681927, 2013 U.S. Dist. LEXIS 24374
CourtDistrict Court, E.D. Louisiana
DecidedFebruary 22, 2013
DocketCivil Action Nos. 11-2773, 12-1523
StatusPublished
Cited by3 cases

This text of 926 F. Supp. 2d 873 (Johnson v. PPI Technology Services, L.P.) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. PPI Technology Services, L.P., 926 F. Supp. 2d 873, 84 Fed. R. Serv. 3d 1401, 2013 WL 681927, 2013 U.S. Dist. LEXIS 24374 (E.D. La. 2013).

Opinion

ORDER AND REASONS

CARL J. BARBIER, District Judge.

Before the Court are Defendants Trans-ocean, Ltd. and GlobalSantaFe Offshore Services’s, Reurged Motion to Dismiss for Lack of Personal Jurisdiction (Rec. Doc. 64), Plaintiffs James Johnson and Robert Croke’s opposition thereto (Rec. Doc. 94), and Defendants’ reply and supplemental reply to same (Rec. Doc. 96, 171), and Plaintiffs’ surreply (Rec. Doc. 174). Also before the Court are both parties’ supplemental memoranda addressing personal jurisdiction under Federal Rule of Civil Procedure 4(k)(2) (Rec. Docs. 159, 160, 163). Defendants’ motion was set for hearing on October 10, 2012, on the briefs. Having considered the motion and legal memoranda, the record, and the applicable law, the Court finds that Defendants’ motion should be GRANTED in part and DENIED in part for the reasons set out more fully below.

PROCEDURAL HISTORY AND BACKGROUND FACTS

This action arises out of claims for maintenance and cure, unseaworthiness, and negligence brought under general maritime law. Plaintiff James Johnson (“Mr. Johnson”) filed the instant suit on November 8, 2011, naming as Defendants AF-REN, PLC (“AFREN”), PPI Technology, L.P. (“PPI”), PSL, Ltd. (“PSL”), and Transocean, Ltd. (“Transocean”). On March 27, 2012, Plaintiff filed his First Amended Complaint adding GlobalSantaFe Offshore Services (“GSF”) as a Defendant. Mr. Johnson’s case was consolidated with Robert Croke (“Mr. Croke”)’s related case on June 20, 2012. Mr. Croke’s case named AFREN, PPI, Trans-ocean, GSF, and Transocean Offshore Deepwater Drilling, Inc. (“TODDI”) as Defendants.

Plaintiffs’ complaints assert that on November 8, 2010, they were working as seamen on the HIGH ISLAND VII, a mobile rig located approximately twelve miles off the Nigerian coast. Plaintiffs allege that at approximately 12:30 a.m. Nigerian gunmen boarded the rig and took them hostage. Mr. Johnson alleges that while he was being held hostage, the gunmen shot him in his right leg. He contends that after being shot he “remained on the floor in the galley bleeding from the injury to his leg” for approximately three to three-and-a-half hours. No. 11-2773, Compl., Rec. Doc. 1, p. 5, ¶ 16. He reports that since the alleged incident, he has had [876]*876to undergo multiple surgeries and continuing therapy on his leg and has been unable to return to work.

Similarly, Mr. Croke alleges that while being held hostage, he was slapped and beaten by the gunmen and, eventually, shot in the foot. Mr. Croke reports that the gunmen took him with them when they left the rig. He asserts that he was held hostage for ten days and tortured. He alleges that after he was rescued, he had two surgeries performed on his foot. He states that he continues to suffer mental and emotional damages as well as physical injury.

Plaintiffs’ complaints assert that they have filed suit against the aforementioned Defendants, because (1) PPI and/or PSL employed them; (2) Transocean owned and operated the rig; (3) AFREN had contracted with Transocean to use the rig; and (4) GSF had employees on the rig who were responsible “for maintaining the [rig’s] safety, security and protection.” No. 11-2773, First Am. Compl., Rec. Doc. 28, p. 2, ¶ 2. Mr. Croke’s complaint also independently asserts that TODDI had employees on board who were responsible for ensuring the safety of the rig. Plaintiffs allege that, together, all of these entities knew or should have known that it was extremely likely that Nigerian gunmen would attack the rig, and they failed to properly secure the rig despite that knowledge.

Transocean and GSF filed the instant Motion to Dismiss on August 22, 2012. Defendants’ motion reurges their claim that this Court lacks personal jurisdiction over them, which they first brought before the Court on February 10, 2012, in a previous filing. At that time, this case was before Chief Judge Sarah Vance. Chief Judge Vance denied the earlier motion on May 21, 2012 in order to allow the Plaintiffs time to conduct limited jurisdictional discovery. Her order provided that Defendants could refile the motion after discovery had been completed. As noted, Defendants refilled their motion in August 2012, asserting that GSF had responded to written discovery, that Bradley McKenzie (“Mr. McKenzie”), the Rule 30(b)(6) representative of GSF, had been deposed, and that Plaintiffs had made no additional attempts at discovery. The hearing date for the motion was continued until October 10, 2012. Plaintiffs filed their opposition on October 10, 2012, with Defendants replying that day. Before Chief Judge Vance could rule on the motion, however, the case was reassigned to this Section on November 8, 2012. On January 23, 2013, the Court ordered the parties to submit additional briefing on personal jurisdiction under Rule 4(k)(2). On February 4, 2013, Defendants submitted the required briefing to the Court. Plaintiffs submitted their memoranda to the Court on February 6, 2013, two days after the submission deadline. Defendants replied the same day.

THE PARTIES’ ARGUMENTS

Transocean and GSF argue that this Court does not have personal jurisdiction over them. With regard to specific jurisdiction, Transocean and GSF assert that they do not have sufficient minimum contacts in Louisiana and in connection with this incident because: (1) neither entity owned or operated the rig in question at the time of the incident; (2) even if they had owned/operated the rig, the incident itself did not take place in Louisiana and/or the Eastern District; (3) they, nor any other Transocean affiliate, employed and/or issued paychecks to the Plaintiffs in this case in connection with the incident in question; and (4) they further contend that even if they had employed the Plain[877]*877tiffs, it would not matter because Plaintiffs have no relation to Louisiana.1

Likewise, in reference to general jurisdiction, Defendants argue that neither entity has sufficient systematic and continuous contacts with Louisiana to give this Court personal jurisdiction over them. Specifically, with regard to GSF, Defendants assert that although GSF does issue payroll checks and W-2s to some residents of Louisiana who work for Transocean entities, it asserts that it did not issue any checks to Louisiana employees who worked on the rig in question. Furthermore, Defendants note that GSF only issues paychecks for work performed overseas, not work performed in Louisiana and/or the United States. Likewise, Defendants argue that the issuance of paychecks does not make GSF an employer of the individuals who reside in Louisiana, GSF maintains that it merely acts as a paymaster for Transocean entities. Accordingly, GSF contends that such activity is too sporadic to provide sufficient continuous contacts for the purposes of general jurisdiction. In reference to Transocean, Defendants note that Plaintiffs did not conduct any discovery with respect to Transocean, nor did they address the arguments made with respect to Transocean in its opposition. As such, Defendants contend that the Plaintiffs have not opposed its Transocean personal jurisdiction arguments and, therefore, Transocean should be dismissed. In support of their arguments, Defendants submit copies of the contracts governing the ownership and/or operation of the rig in question, the deposition of Mr. McKenzie, and GSF’s written discovery responses.

In response, Plaintiffs argue that this Court has personal jurisdiction over GSF.2

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Ogden v. GlobalSantaFe Offshore Services
31 F. Supp. 3d 832 (E.D. Louisiana, 2014)

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Bluebook (online)
926 F. Supp. 2d 873, 84 Fed. R. Serv. 3d 1401, 2013 WL 681927, 2013 U.S. Dist. LEXIS 24374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-ppi-technology-services-lp-laed-2013.