Sanchez v. Enter. Offshore Drilling LLC

376 F. Supp. 3d 726
CourtDistrict Court, S.D. Texas
DecidedMarch 25, 2019
DocketCivil Action No. H-19-110
StatusPublished
Cited by4 cases

This text of 376 F. Supp. 3d 726 (Sanchez v. Enter. Offshore Drilling LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanchez v. Enter. Offshore Drilling LLC, 376 F. Supp. 3d 726 (S.D. Tex. 2019).

Opinion

Lee H. Rosenthal, Chief United States District Judge

I. Background

The issue presented in this personal-injury case is federal subject-matter jurisdiction. Gilbert Sanchez, an employee of Smart Fabricators of Texas, LLC, did welding work on different drilling rigs. (Docket Entry No. 1-2 at 3). In August 2018, while working on the Enterprise 263, a jacked-up drilling rig owned and operated by Enterprise Offshore Drilling LLC, Sanchez tripped on a pipe and injured his ankle and back. (Id. ). Sanchez sued Enterprise Offshore Drilling and Smart Fabricators in state court, asserting negligence and unseaworthiness claims and seeking medical expenses, lost wages, and exemplary damages. (Id. ).

Enterprise Offshore Drilling and Smart Fabricators removed, arguing that this court has subject-matter jurisdiction because Sanchez's injury occurred while he was working on a drilling rig jacked up on the Outer Continental Shelf. (Docket Entry No. 1 at 3); 43 U.S.C. § 1349(b)(1) ; 28 U.S.C. § 1441. Sanchez dismissed his claims against Enterprise Offshore Drilling and moved to remand, arguing that the Jones Act precluded removal. (Docket Entry Nos. 8, 9); 46 U.S.C. § 30104 ; 28 U.S.C. § 1445(a).

Based on a careful review of the pleadings, the motion and response, the record, and the governing law, the court finds that Sanchez was not a seaman under the Jones Act and denies the motion to remand. (Docket Entry No. 9). The reasons are set out in detail below.

II. The Legal Standard

"A party may remove an action from state court to federal court if the action is one over which the federal court possesses subject matter jurisdiction." Manguno v. Prudential Prop. & Cas. Ins. Co. , 276 F.3d 720, 722 (5th Cir. 2002) ; 28 U.S.C. § 1441. "The removing party bears the burden of showing that federal jurisdiction exists and that removal was proper." Id. ; see Carpenter v. Wichita Falls Indep. Sch. Dist. , 44 F.3d 362, 365 (5th Cir. 1995) (citation omitted). Removal statutes are construed strictly in favor of remand. Gasch v. Hartford Accident & Indem. Co. , 491 F.3d 278, 281-82 (5th Cir. 2007).

*729Generally, when a plaintiff sues under the Jones Act, 46 U.S.C. § 30104, the defendant cannot remove. Holmes v. Atl. Sounding Co. , 437 F.3d 441, 445 (5th Cir. 2006). Although the Jones Act incorporates provisions of the Federal Employers Liability Act that bar removal, 28 U.S.C. § 1445(a), an improperly pleaded Jones Act claim does not prevent removal. Burchett v. Cargill, Inc. , 48 F.3d 173, 175-76 (5th Cir. 1995). The court may deny remand if, after "resolving all disputed facts and ambiguities in current substantive law in the plaintiff's favor," there is no "reasonable possibility of establishing a Jones Act claim on the merits." Mendez v. Anadarko Petroleum Corp. , 466 F. App'x 316, 318 (5th Cir. 2012) (per curiam) (quoting Holmes , 437 F.3d at 445 ); Zertuche v. Great Lakes Dredge & Dock Co., LLC , 306 F. App'x 93, 94-95 (5th Cir. 2009) (per curiam).

"[J]urisdictional facts are determined at the time of removal." Louisiana v. Am. Nat'l Prop. & Cas. Co. , 746 F.3d 633, 635 (5th Cir. 2014). "In most cases, to determine whether the plaintiff has any possibility of recovery against the ... defendant, the court should conduct a Rule 12(b)(6)-type analysis, looking initially at the allegations of the complaint to determine whether [it] states a claim" against the defendant. Flagg v. Stryker Corp. , 819 F.3d 132, 136 (5th Cir. 2016) (quotations omitted). If "a plaintiff can survive a Rule 12(b)(6) challenge, the Jones Act claim is not improper." Id. But "if the plaintiff's complaint has misstated or omitted discrete facts that would determine the propriety of joinder, the court may instead pierce the pleadings and conduct a [summary-judgment-type] inquiry," to allow the court "to identify the presence of discrete and undisputed facts that would preclude the plaintiff's recovery." Id.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
376 F. Supp. 3d 726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-enter-offshore-drilling-llc-txsd-2019.