Zeus Projects Ltd. v. Perez Y Cia. De Puerto Rico, Inc.

187 F.R.D. 23, 1999 A.M.C. 2025, 1999 U.S. Dist. LEXIS 5536, 1999 WL 224597
CourtDistrict Court, D. Puerto Rico
DecidedMarch 31, 1999
DocketNo. Civ. 96-2628(HL)
StatusPublished
Cited by15 cases

This text of 187 F.R.D. 23 (Zeus Projects Ltd. v. Perez Y Cia. De Puerto Rico, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zeus Projects Ltd. v. Perez Y Cia. De Puerto Rico, Inc., 187 F.R.D. 23, 1999 A.M.C. 2025, 1999 U.S. Dist. LEXIS 5536, 1999 WL 224597 (prd 1999).

Opinion

OPINION AND ORDER

LAFFITTE, Chief Judge.

Defendants Pérez y Compañía de Puerto Rico, Inc. (“Pérez”) and Phoenix Assurance Company of New York (“Phoenix”) have brought third-party claims in this admiralty case. Plaintiffs Zeus Projects Limited (“ZPL”) and Lloyd’s Underwriters and Certain Insurance Companies at the Institute of London Underwriters (“Underwriters”) have moved to dismiss the third-party complaint. Third-party defendants Angus Robertson, David R. Pedrick, and American Bureau of Shipping (“ABS”) have also moved to dismiss. ZPL is a United Kingdom company. It was the owner of the Zeus, a 150-foot sailing yacht. Underwriters were the insurers of the vessel. Pérez is a Puerto Rico company which manages a shipyard and engages in, among other things, ship repair. Phoenix is its insurance company.1 Robert[26]*26son is a citizen of the United Kingdom. He was the chief executive officer of ZPL during the incidents which give rise to this controversy. Pedrick is a naval architect; he resides in Rhode Island. ABS is a corporation located outside of Puerto Rico. This case is before the Court pursuant to its admiralty jurisdiction. See 28 U.S.C.A. § 1333 (West 1993).

This case arises out of work done on the Zeus. Plaintiffs allege that in December 1995, ZPL contracted Pérez to haul out the vessel, place it in dry dock, and do maintenance, cleaning, and repair work on it; that ZPL explained to Pérez how to block or support the vessel while it was in dry dock; but that when the Zeus was hauled into dry dock, Pérez failed to provide any support forward or aft of the keel or on the sides of the hull, as had been instructed. As a result, Plaintiffs allege, the Zeus sat on its keel without any blocking and its structure was subject to damaging stresses. Plaintiffs claim that the Zeus ’ hull and structure have been bent and distorted due to this failure to properly block the vessel. They claim that Pérez breached its contract, breached its warranty of workmanlike performance, and was grossly negligent.

On March 20, 1997, Pérez filed an answer, in which it denied that its work constituted a breach or negligence.2 In its affirmative defenses it alleged that the Zeus’ damages were caused by pre-existing conditions at the time it was hauled into dry dock and that these pre-existing conditions were caused by ZPL, Robertson, and any naval architects or other technicians that had worked on the vessel. Two months later, on May 20, 1997, Pérez filed a third-party complaint.3 Pérez did not seek leave of the Court to file its claim. The third-party complaint subsequently was amended and named as third-party defendants Robertson, Pedrick, ABS, Robert E. Derecktor, Inc., Gunther Dietz, Consolidated Yacht Corporation, and High Modulus.4 Pérez alleges that the third-party defendants caused the damage to the Zeus.

The other parties to the case have reacted to this third-party complaint with a flurry of motions. Plaintiffs move to dismiss it on the grounds that Pérez failed to comply with the requirements of Federal Rule 14(a) for filing a third-party claim. ABS argues that the complaint fails to state a claim for which relief can be granted. Robertson and Pedrick each argue that the claims should be dismissed because this Court lacks personal jurisdiction over them. Pérez has opposed all these motions. For the reasons set forth below, the Court grants the motions of ABS and Pedrick, denies Robertson’s motion, and grants in part and denies in part Plaintiffs’ motion.

DISCUSSION

1 ABS’ Motion to dismiss

ABS moves for dismissal pursuant to Federal Rule 12(b)(6) and argues that the third-party complaint fails to state a claim for which relief could be granted. In ruling on a Rule 12(b)(6) motion to dismiss, a court must accept all well-pled factual averments as true and must draw all reasonable inferences in the plaintiffs favor. Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 164, 113 S.Ct. 1160, 1161, 122 L.Ed.2d 517 (1993); Carparts Distribution Ctr., Inc. v. Automotive Wholesaler’s Ass’n, 37 F.3d 12, 14 (1st Cir.1994). A court should not dismiss a complaint for failure to state a claim unless it is clear that the plaintiff will be unable to prove any set of facts which would entitle him to recovery. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957); Miranda v. Ponce Federal Bank, 948 F.2d 41, 44 (1st Cir.1991). This deferential standard is not a “toothless tiger.” Doyle v. Hasbro, Inc., 103 F.3d 186, 190 (1st Cir.1996). The court is not obliged to credit a claimant’s “bald assertions” or legal conclusions. Abbott v. United [27]*27States, 144 F.3d 1, 2 (1st Cir.1998); Glassman v. Computervision Corp., 90 F.3d 617, 628 (1st Cir.1996).

In the present case, Pérez makes the following specific allegations as to ABS: it is a corporation domiciled outside of Puerto Rico and it participated as a classification or certification consultant in modification work done on the Zeus. Docket no. 29, at ¶¶11 & 22. Pérez also alleges that ZPL and the third-party defendants made substantial modifications to the vessel; that the Zeus’ damages were caused by its pre-existing condition; and that the damages were caused by the negligence of each third-party defendant, including ABS. Id. at ¶¶17, 15, & 25. Pérez further claims that the vessel was not “stanch, strong and seaworthy as the result of modifications, additions and/or changes designed and/or approved and/or made by the third-party defendants” to the vessel’s design, construction, structural components, engines, equipment, machinery, appurtenances, and materials. Id. at ¶¶26-31. This condition, Pérez alleges, was caused by the acts of the third-party defendants. Id. 132. These allegations are heavy on conclusory allegations, but fatally light on specifies. Pérez repeatedly claims that the negligent acts of the third-party defendants caused the damage. However, nowhere does Pérez specify any act by ABS that could have caused the claimed damages. Absent allegations of specific conduct by ABS that caused damage to the Zeus, the third-party complaint against ABS must be dismissed for failure to state a claim.

2 Pedrick’s Motion to dismiss for lack of personal jurisdiction

In the third-party complaint Pérez alleges that Pedrick was the naval architect who worked on the modification of the Zeus and, for the same general litany of allegations as those made against ABS, Pérez claims that Pedrick too is liable for the damages. Pe-driek argues that he is not subject to the personal jurisdiction of this Court.

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Bluebook (online)
187 F.R.D. 23, 1999 A.M.C. 2025, 1999 U.S. Dist. LEXIS 5536, 1999 WL 224597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zeus-projects-ltd-v-perez-y-cia-de-puerto-rico-inc-prd-1999.