Landerman v. Tarpon Operating & Development, L.L.C.

19 F. Supp. 3d 678, 2014 WL 1763208, 2014 U.S. Dist. LEXIS 60651
CourtDistrict Court, E.D. Louisiana
DecidedMay 1, 2014
DocketCivil Action No. 14-381
StatusPublished
Cited by9 cases

This text of 19 F. Supp. 3d 678 (Landerman v. Tarpon Operating & Development, L.L.C.) 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
Landerman v. Tarpon Operating & Development, L.L.C., 19 F. Supp. 3d 678, 2014 WL 1763208, 2014 U.S. Dist. LEXIS 60651 (E.D. La. 2014).

Opinion

ORDER AND REASONS

SARAH S. VANCE, District Judge.

Plaintiff Jerry Landerman moves the Court to remand this matter to state court.1 Because the Court has removal jurisdiction over this case under the Outer Continental Shelf Lands Act, the Court DENIES plaintiffs motion, except insofar as it concerns his Jones Act claim. The Court severs that claim from the rest of this lawsuit and remands it to state court, pursuant to 28 U.S.C. § 1441(c).

I. BACKGROUND

On January 15, 2014, plaintiff Jerry Landerman filed this lawsuit in Louisiana state court against six defendants: Tarpon Operating and Development, L.L.C.; Shamrock Energy Solutions, L.L.C.; Na-bors Offshore Corporation, Rene Offshore, L.L.C.; Pan Ocean Energy Services, L.L.C.; and Hoplite Safety, L.L.C.2 Plaintiff asserted claims under the Jones Act and the general maritime law based on injuries he sustained while working on an offshore platform. The facts surrounding the incident, as alleged in the complaint, are as follows.

In May 2013, Landerman was working for Pan Ocean as a welder/cutter on the West Cameron 661 “A” Platform, which is in the Gulf of Mexico on the Outer Continental Shelf.3 Tarpon and Shamrock allegedly owned the platform at issue,4 and Hoplite served as a safety consultant for operations on the platform.5 According to Darren Herpin, the Chief Operating Officer of Hoplite, “Platform A in the West Cameron Block 661 is engaged in drilling operations to produce oil and gas.”6

While performing his work, Landerman had lodging on the vessel MTV RENE, which was allegedly owned and operated by Rene Offshore.7 A Pan Ocean executive stated, however, that the vast majority [681]*681of plaintiffs actual work offshore took place on fixed platforms.8 Plaintiff “did not perform any welding, cutting, or other work on ... vessels which provided transportation and lodging.”9

On May 20, 2013, Landerman was being transferred from the platform to the M/V RENE by means of a personnel basket that was hanging from a crane on the platform.10 The crane operator, who was allegedly employed by either Tarpon, Shamrock, or Nabors Offshore, set the personnel basket down on top of equipment on the deck of the MTV RENE.11 The basket then allegedly tipped over, causing plaintiff to fall to the deck of the vessel and sustain serious injuries.12

Landerman alleges that his injuries were a direct result of the unseaworthiness of the MTV RENE and the negligence of all defendants.13 He seeks damages for lost wages and diminished earning capacity, medical expenses, pain and suffering, disability, “loss of household services,” loss of enjoyment of life, and “permanent disfigurement,” as well as maintenance and cure.14 In addition to the Jones Act and the general maritime law, the complaint also invokes as possible theories of recovery the Outer Continental Shelf Lands Act, 43 U.S.C. §§ 1331 et seq.; the Long-shore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901 et seq.; and the general negligence laws of Louisiana.15

On February 19, 2014, Hoplite timely removed the lawsuit to this Court “pursuant to 28 U.S.C. §§ 1331, 1441, and 144616 with the consent of all defendants.17 In its Notice of Removal, Hoplite alleges that “[tjhis action is removable pursuant to 28 U.S.C. § 1441(a) because it is a civil action over which this Court has original jurisdiction under 28 U.S.C. § 1333.”18 Plaintiff now moves to remand the case to state court, arguing that cases brought in state court under the general maritime law are not removable.19 Hoplite, Pan Ocean, Rene Offshore, Nabors Offshore, and Tarpon have filed memoranda in opposition to plaintiffs motion.20

II. LEGAL STANDARD

Unless a federal statute expressly provides otherwise, a defendant may remove a civil action filed in state court to federal court if the federal court would have had original jurisdiction over the case. 28 U.S.C. § 1441(a). The removing party “bears the burden of showing that federal jurisdiction exists and that removal was proper.” Mumfrey v. CVS Pharmacy, Inc., 719 F.3d 392, 397 (5th Cir.2013) (citing Manguno v. Prudential Prop. & Cas. Ins. Co., 276 F.3d 720, 723 (5th Cir.2002)). In assessing whether removal was [682]*682appropriate, the Court is guided by the principle, grounded in notions of comity and the recognition that federal courts are courts of limited jurisdiction, that “removal statute[s] should be strictly construed in favor of remand.” Manguno, 276 F.3d at 728 (citing Acuna v. Brown & Root, Inc., 200 F.3d 335, 339 (5th Cir.2000)).

III. DISCUSSION

Plaintiff argues that the Court does not have removal jurisdiction over this case because cases brought in state court under the general maritime law are unremova-ble. Hoplite responds that the Court would have original jurisdiction of this case on two independent bases, and hence that removal of the action was proper under § 1441. First, Hoplite argues, the Court would have federal question jurisdiction over the case under the Outer Continental Shelf Lands Act. See 43 U.S.C. § 1349(b)(1) (providing for jurisdiction “of cases and controversies arising out of, or in connection with ... any operation conducted on the outer Continental Shelf which involves exploration, development, or production of the minerals[] of the subsoil and seabed of the outer Continental Shelf’); see also 28 U.S.C. § 1331 (providing for jurisdiction “of all civil ae-tions arising under the Constitution, laws, or treaties of the United States”). Second, Hoplite contends that the Court would have original jurisdiction under 28 U.S.C.

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Bluebook (online)
19 F. Supp. 3d 678, 2014 WL 1763208, 2014 U.S. Dist. LEXIS 60651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landerman-v-tarpon-operating-development-llc-laed-2014.