Martin v. Am. Midstream Partners, LP

386 F. Supp. 3d 733
CourtDistrict Court, E.D. Louisiana
DecidedMay 15, 2019
DocketCIVIL ACTION NO. 18-8262
StatusPublished
Cited by17 cases

This text of 386 F. Supp. 3d 733 (Martin v. Am. Midstream Partners, LP) 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
Martin v. Am. Midstream Partners, LP, 386 F. Supp. 3d 733 (E.D. La. 2019).

Opinion

SARAH S. VANCE, UNITED STATES DISTRICT JUDGE

Before the Court is defendant P3 Global Personnel, LLC's motion to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).1 The Court grants the motion because plaintiffs' complaint does not allege facts that entitle them to relief.

I. BACKGROUND

Plaintiffs Percy and Linda Martin bring this action against Percy Martin's former employer for alleged workplace harassment. Percy Martin is a health, safety, and environmental consultant.2 Defendant P3 Global Personnel, LLC, a provider of skilled and professional personnel, allegedly hired Martin to do contract work for defendant American Midstream, Partners, LP, on American Midstream's natural gas Main Pass 260 Platform.3 According to plaintiffs, on February 7, 2017, Percy Martin was inspecting fire extinguishers on the platform when he entered a tool room and found a hangman's noose resting on the work table.4 Plaintiffs allege that the noose was placed in an open and obvious location so that he would see it upon entering the tool room.5

Upon seeing the noose, Percy Martin allegedly photographed its location and reported the incident to his supervisor, David Cooper.6 Cooper allegedly admitted to Martin that he had seen the noose and taken it apart, and that he was hoping that Martin had not seen it.7 Plaintiffs allege that defendants Global and American Midstream subsequently failed to investigate the incident or take remedial steps to assure Percy Martin of his safety.8

On August 30, 2018, plaintiffs filed a complaint alleging assault, intentional infliction of emotional distress, negligent infliction of emotional distress, a hostile work environment in violation of Title VII of the Civil Rights Act of 1964, workplace harassment on the basis of sex and race under Title VII, and constructive discharge *737under Title VII.9 Percy Martin seeks damages for emotional distress and lost wages and benefits.10 Linda Martin seeks damages for emotional distress for her vicarious fear for her husband's life after the noose incident.11

Defendant p3 Global Personnel, LLC has filed a motion to dismiss plaintiffs' claims for lack of subject matter jurisdiction and for failure to state a claim.12 Plaintiffs oppose the motion.13

II. LEGAL STANDARD

A. Federal Rule of Civil Procedure 12(b)(1)

Federal Rule of Civil Procedure 12(b)(1) governs challenges to a court's subject matter jurisdiction. "A case is properly dismissed for lack of subject matter jurisdiction when the court lacks the statutory or constitutional power to adjudicate the case." Home Builders Ass'n of Miss., Inc. v. City of Madison , 143 F.3d 1006, 1010 (5th Cir. 1998) (quoting Nowak v. Ironworkers Local 6 Pension Fund , 81 F.3d 1182, 1187 (2d Cir. 1996) ). "Courts may dismiss for lack of subject matter jurisdiction on any one of three bases: (1) the complaint alone; (2) the complaint supplemented by undisputed facts in the record; or (3) the complaint supplemented by undisputed facts plus the court's resolution of disputed facts." Clark v. Tarrant County , 798 F.2d 736, 741 (5th Cir. 1986) (citing Williamson v. Tucker , 645 F.2d 404, 413 (5th Cir. 1981) ). Furthermore, plaintiff bears the burden of demonstrating that subject matter jurisdiction exists. See Paterson v. Weinberger , 644 F.2d 521, 523 (5th Cir. 1981).

B. Federal Rule of Civil Procedure 12(b)(6)

To survive a Rule 12(b)(6) motion, a party must plead "sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' " Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). A claim is facially plausible when the party pleads facts that allow the court to "draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. at 678, 129 S.Ct. 1937. A court must accept all well-pleaded facts as true and must draw all reasonable inferences in favor of the nonmoving party. See Lormand v. US Unwired, Inc. , 565 F.3d 228, 232 (5th Cir. 2009).

A legally sufficient complaint must establish more than a "sheer possibility" that the party's claim is true. Iqbal , 556 U.S. at 678

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
386 F. Supp. 3d 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-am-midstream-partners-lp-laed-2019.