Langlois v. Kirby Inland Marine, LP

139 F. Supp. 3d 804, 2015 U.S. Dist. LEXIS 140371, 2015 WL 5999831
CourtDistrict Court, M.D. Louisiana
DecidedOctober 15, 2015
DocketCIVIL ACTION NO. 15-608-JWD-SCR
StatusPublished
Cited by11 cases

This text of 139 F. Supp. 3d 804 (Langlois v. Kirby Inland Marine, LP) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Langlois v. Kirby Inland Marine, LP, 139 F. Supp. 3d 804, 2015 U.S. Dist. LEXIS 140371, 2015 WL 5999831 (M.D. La. 2015).

Opinion

RULING AND ORDER

JUDGE JOHN W. deGRAVELLES,, UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF LOUISIANA

This Court sua sponte ordered Defendant Kirby Inland Marine, LP to show cause within fourteen days as to why this Court should not remand this action in light of Harrold v. Liberty Insurance Underwriters, Inc., CIV.A. 13-762, 2014 WL 5801673 (M.D.La.2014), (Doc. 4). Subsequently, Defendant filed its Memorandum in Opposition to Sua Sponte Motion to Remand. (Doc. 16).

For the reasons set forth below, the action Langlois, et al v. Kirby Inland Marine, LP, 3:15-cv-00608-JWD-SCR is hereby remanded to the 18th Judicial District Court for the Parish of Iberville, Louisiana.

I. Relevant Factual and Procedural Background

a. Plaintiffs’ Allegations

Lynn and Rosemary Langlois (“Plaintiffs”) alleged in théir state court Petition that MW Dixie Volunteer, a vessel owned and operated by Kirby Inland Marine, LP (“Defendant” or “Kirby”), was traveling southbound in the Intracoastal Waterway in the vicinity of Plaintiffs’ house boat and flat boat.- (Doc. 1-1, p. 1 ¶ 5). Plaintiffs alleged that at the same time, the MTV Governor Mike Huckabee, a vessel owned by Blessey Marine Services, Inc. was traveling northbound in the vicinity of Plaintiffs’ houseboat and flat boat. (Doc. 1-1, p. 1-2 ¶ 6). Plaintiffs allege that Kirby’s vessel was traveling too close to the middle of the Intracoastal Waterway and left the Blessey vessel with insufficient space to either change course or safely pass Plaintiffs’ house boat and flat boat. (Doc. 1-1, p. 2 ¶¶ 7, 9). Plaintiffs assert that the Blessey vessel collided with their house boat and flat boat causing catastrophic structural damage to their house boat and motor, as well as the loss of considerable personal property. (Doc. 1-1, p. 2 ¶ 11). Additionally, Plaintiffs claim the collision caused considerable damage to the flat boat and motor. (Doe. 1-1, p. 2 ¶ 12.).

b. Procedural Background

On September 10, 2015, Defendant filed a Notice of Removal with this Court to remove the, state court suit brought by Plaintiffs. (Doc. 1). Defendant asserts in its Notice of Removal that “[t]his cause is specifically removable to this Honorable Court pursuant to law, particularly the provision of 28 U.S.C. § 1333.” (Doc. 1, p. 2 ¶ VI). On September 15, 2015, the Court sua sponte ordered Defendant to show cause within fourteen days as to why this Court should not remand this action in light of Harrold. (Doc. 4). Plaintiffs were given seven days thereafter to respond. [806]*806(Doc. 4). Defendant filed a memorandum opposing remand on September 28, 2015. (Doc. 16). Plaintiffs have not filed a response.

c. Defendant’s Memorandum

The crux of Defendant’s argument against remand is the apparent disagreement -within this Court as to whether the 2011 amendments to 28 U.S.C. § 1441 allow for removal of general maritime claims. (Doc. 16, pp. 2-6). Defendant contends that this Court’s previous ruling in Harrold is distinguishable because that case concerned Jones Act claims. (Doc. 16, p. 4). Defendant argues that because the case at bar does not concern Jones Act claims, this Court’s ruling in Provost v. Offshore Service Vessels, LLC, CIV.A. 14-89-SDD-SCR, 2014 WL 2515412 (M.D.La. June 4, 2014), decided prior to Harrold, should control because Provost did not concern Jones Act claims. (Doc. 16, p. 4). Further, Defendant asserts that this judge’s “overarching” consideration in Harrold concerning general maritime claims “arguably stands in contrast to the purpose of [its] Memorandum,” but claims “that portion of the opinion is dicta, anomalous to the Provost decision, and not controlling ... in the instant case.” (Doc. 16, p. 4).

Next, Defendant argues that another case in this Court, Bartel v. Alcoa Steamship Company, 64 F.Supp.3d 843 (M.D.La. 2014), decided one month subsequent to Harrold, “tacitly approved the Provost holding.” (Doc. 16, p. 4). Defendant claims that Bartel distinguished itself from Provost because Bartel concerned claims under the Jones Act. (Doc. 16, p. 4). Defendant argues that Bartel’s rationale implies that if Provost concerned a Jones Act claim it would not have been removable, and “as a logical extension of that holding,” Bartel “stands for the proposition that because the Provost plaintiff did not seek a remedy under the Jones Act, removal of the plaintiffs claims under the general maritime law in Provost was warranted.” (Doc. 15, pp. 4-5) (emphasis omitted).

Additionally, Defendant asserts that “[t]rial by jury was not requested by the Plaintiffs and no remedy has been requested which cannot be pursued in a federal forum, so the savings to suitors clause is not implicated.” (Doc. • 16, p. 5). Finally, Defendant contends that “Plaintiffs did not assert a claim under the Jones Act, so the holdings of Harrold and Bartel are distinguishable.” (Doc. 16, p. 6).

II. Discussion

“The federal removal statute ... is subject to strict construction because a defendant’s use of that statute deprives a state court of a case properly before it and thereby implicates important federalism concerns.” Frank v. Bear Steams & Co., 128 F.3d 919, 922 (5th Cir.1997). “[D]oubts regarding whether removal jurisdiction is proper should be resolved against federal jurisdiction.” Acuna v. Brown & Root, 200 F.3d 335, 339 (5th Cir.2000).

Defendant’s argument that general maritime claims can be removed to federal court places two decisions of this Court, Harrold and Provost, at odds with each other. In Provost, this Court agreed with the decision of Ryan v. Hercules Offshore, Inc., 945 F.Supp.2d 772 (S.D.Tex. May 13, 2013), that the 2011 “amendment to § 1441 allows removal of general maritime claims.” Provost, 2014 WL 2515412, at *3. Conversely, in Harrold, the Court disagreed with Ryan and found that “the correct view is also the majority view and that general maritime claims are not removable, despite the changes to 28 U.S.C. § 1441.” Harrold, 2014 WL 5801673, at *3. Thus, the Court begins its discussion with § 1441.

[807]*807a. Removability of General Maritime Claims

Prior to the 2011 amendment, 28 U.S.C. § 1441 provided, in pertinent part:

(a) Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed-by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.

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

Related

Mayor of Balt. v. BP P. L.C.
388 F. Supp. 3d 538 (D. Maryland, 2019)
Sangha v. Navig8 Shipmanagement Private Ltd.
882 F.3d 96 (Fifth Circuit, 2018)
Forde v. Hornblower New York, LLC
243 F. Supp. 3d 461 (S.D. New York, 2017)
Brown v. Porter
149 F. Supp. 3d 963 (N.D. Illinois, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
139 F. Supp. 3d 804, 2015 U.S. Dist. LEXIS 140371, 2015 WL 5999831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langlois-v-kirby-inland-marine-lp-lamd-2015.