Ogden v. GlobalSantaFe Offshore Services

31 F. Supp. 3d 832, 89 Fed. R. Serv. 3d 405, 2014 WL 3489754, 2014 U.S. Dist. LEXIS 95373
CourtDistrict Court, E.D. Louisiana
DecidedJuly 14, 2014
DocketCivil Action No. 12-1835
StatusPublished
Cited by3 cases

This text of 31 F. Supp. 3d 832 (Ogden v. GlobalSantaFe Offshore Services) 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
Ogden v. GlobalSantaFe Offshore Services, 31 F. Supp. 3d 832, 89 Fed. R. Serv. 3d 405, 2014 WL 3489754, 2014 U.S. Dist. LEXIS 95373 (E.D. La. 2014).

Opinion

ORDER AND REASONS

ELDON E. FALLON, District Judge.

Before the Court is a Motion to Dismiss or alternatively, a Motion for Summary Judgment, filed by Defendants GlobalSan-taFe Offshore Services (“GSF”) and Transocean Offshore Deepwater Drilling, Inc. (“TODDI”). (Rec. Doc. 37). The Court has reviewed the submitted memo-randa and the applicable law and, after hearing oral argument on the motion, now issues this Order and Reasons.

I. BACKGROUND

This case arises out of back injuries that Plaintiff Steven Ogden allegedly suffered while he was working on the TRANS-OCEAN AMIRANTE, a movable offshore oil rig located off the coast of Egypt. Ogden named two Defendants in the present lawsuit, GlobalSantaFe Offshore Service (“GSF”) and Transocean Offshore Deep-[836]*836water Drilling, Inc. (“TODDI”). He alleges that he was employed by these two corporations as a Jones Act Seaman aboard the rig. (Rec. Doc. 1 at 2). Ogden explains that he received his paycheck and W-2 from GSF, and he contends that TODDI maintained control over his employment. He alleges “dual employment status” and claims that the two entities essentially constitute a common enterprise. (Rec. Doc. 1 at 3). Ogden further claims that either or both Defendants owned, operated, and/or controlled the rig, which was a vessel in navigation at all pertinent times. (Rec. Doc. 1 at 2).

Ogden claims that his injuries were caused by the negligence of either or both of the Defendants, who failed to provide him a reasonably safe place to work. (Rec. Doc. 1 at 3). He filed the present lawsuit against TODDI and GSF for negligence, unseaworthiness, and maintenance and cure pursuant to the Jones Act and general maritime law.1 Ogden asks to, be compensated for, among other things, his physical pain and suffering, lost wages, future physical disability, and medical expenses. (Rec. Doc. 1 at 4). Ogden also asks for past, present, and future maintenance and cure benefits. (Rec. Doc. 1 at 4).

II. PRESENT MOTIONS

A. Defendants’ Motion

Very early in this litigation Defendants filed a Motion to Dismiss, or alternatively for Summary Judgment. (Rec. Doc. 7). On September 16, 2013, after receiving significant briefing from both sides, the Court denied the motion but reserved Defendants’ right to re-urge the motion after the parties had an opportunity to conduct limited discovery on the issues of jurisdiction. (Rec. Doc. 30). The Court initially gave the parties 45 days to conduct discovery, but ultimately extended this deadline on the parties request on two separate occasions. (Rec. Docs. 33, 34). On April 29, 2014, after appropriate discovery, Defendants re-urged their motion to dismiss and motion for summary judgment. (Rec. Doc. 37). The parties adopt the arguments that they previously made to this Court and incorporate the new discovery.

Defendants ask the Court to dismiss the claims against GSF because this Court lacks personal jurisdiction over that Defendant.2 (Rec. Doc. 37-1 at 1). Defendants claim that “GSF’s contacts with Louisiana are sporadic at best.” (Rec. Doc. 7-2 at 4). Defendants argue that GSF serves as a “paymaster” for various Transocean entities and, as such, deals only with payroll issues. (Rec. Doc. 7-2 at 4). According to Defendants, GSF issues paychecks and W-2 forms to Louisiana residents. Defendants argue that GSF does not have sufficient contacts with Louisiana to support personal jurisdiction in this Court. (Rec. Doc. 7-2 at 4). Defendants rely on the Court’s opinion in Anderson v. GlobalSantaFe Offshore Services, Inc., 924 F.Supp.2d 738 (2013). In Anderson, Judge Vance analyzed GSF’s contacts with Louisiana and determined that the Court did not have either specific or general jurisdiction over GSF.

Defendants also — and with respect to GSF, in the alternative — ask the Court to grant summary judgment in favor of both [837]*837entities because neither entity was the true employer of Ogden and neither entity had anything to do with the day to day operations of the rig. (Rec. Doc. 37-1 at 1). According to Defendants, on the date in question, TRANSOCEAN AMIRANTE was working pursuant to a drilling contract that was entered into by Transocean (Mediterranean .and Red Sea) Drilling Limited (“T(M & RS)DL”), a Cayman. Islands corporation. (Rec. Doc. 7-7 at 2). Defendants claim that TRANSOCEAN AMIRANTE had been chartered to T(M & RS)DL by its owner, Transocean Enterprise, Inc., a Delaware corporation. (Rec. Doc. 7-7 at 2). Defendants claim that neither of the named Defendants were parties to this contract and that neither of them were involved in the day to day operations of the rig. (Rec. Doc. 7-2 at 2). Defendants reiterate that GSF is only responsible for payroll and does not own or operate rigs. (Rec. Doc. 7-2 at 4). Further, Defendants claim that TODDI operates mostly domestically, though it does handle some matters for foreign entities (such as handling claims like an adjuster, insurance issues, documentation, and similar issues). (Rec. Does. 7-2 at 2, 37-1 at 2). Defendants claim that TODDI “had absolutely nothing to do with this rig or its operations at the time of this accident” and was fraudulently joined in order to confer jurisdiction on this Court. (Rec. Doc. 11 at 2). According to Defendants, TODDI did not employ the crew on the rigs in foreign locations and did not supervise those crews. (Rec. Doc. 37-1 at 2). Defendants cite Johnson v. PPI Technology Services, L.P., 13 F.Supp.3d 614, Nos. 11-2773, 12-1534, 2014 WL 1330084 (E.D.La. April 3, 2014), in support of their position. In that case, Judge Barbier granted summary judgment in favor of GSF, finding that GSF did not exert enough control over the rig workers to be held vicariously liable for their actions. Id. at 622-23, 2014 WL 1330084 at *6.

B. Ogden’s Opposition

In opposition, Ogden claims that “[tjhese defendant entities are trying to hide behind voluminous contracts for the drilling services of the individual rigs which were operating in foreign overseas locations.” (Rec. Doc. 8 at 1).

Ogden argues that this Court has personal jurisdiction over GSF under two separate theories. First, Ogden argues that, just like the Court found in Johnson v. PPI Technology Services, L.P. et al., Rule 4(k)(2) allows this Court to consider GSF’s contacts with the United States as a whole when evaluating jurisdiction. (Rec. Docs. 47 at 4, 23-1) (citing Johnson, 926 F.Supp.2d 873 (E.D.La.2013)). Second, Ogden claims that GSF has had significant contacts- with Louisiana that specifically relate to this matter. Ogden cites Mark Foster v. GlobalSantaFe Offshore Service & Transocean Offshore Deepwater Drilling Inc., No. 13-00065, 2013 WL 4012705 (E.D.La. Aug. 6, 2013). In that case, Judge Berrigan found that “it is likely that the' Court has specific jurisdiction” over GSF. Like the plaintiffs in Foster, Ogden points out that GSF sends paychecks to Louisiana residents and has “essentially satisfied its cure obligation, in part, through activities and medical treatment taking place in the State of Louisiana.” (Rec. Doc. 47 at 5).

With respect to the summary judgment issues, Ogden argues that GSF and/or TODDI should be considered • Ogden’s Jones Act employer. According to Ogden, recent deposition testimony indicates that the employees who ran the rig and operated as rig manager in Egypt were paid by GSF. (Rec. Doc. 47 at 2).

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31 F. Supp. 3d 832, 89 Fed. R. Serv. 3d 405, 2014 WL 3489754, 2014 U.S. Dist. LEXIS 95373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ogden-v-globalsantafe-offshore-services-laed-2014.