Starks v. Advantage Staffing, LLC
Starks v. Advantage Staffing, LLC
Opinion of the Court
ORDER AND REASONS
SECTION; “E” (5)
Before the Court is the “Motion for Summary Judgment on the Issue of Jones Act Seaman’s Status” by defendants Advantage Technical Resourcing, Inc., Advantage Human Resourcing, Inc., Archer Daniels Midland Company (“ADM”) and American River Transportation Co.(collectively “defendants”).
BACKGROUND
This is a maritime personal injury case. Plaintiff Starks was a contract laborer employed by defendants
A large excavator would clear a substantial amount of the grain from a given barge’s hopper as the barge was run on the conveyor.
Starks filed this suit on July 9, 2014, asserting claims under the Jones Act and tort claims under general maritime law.
Defendants essentially put forward three arguments in support of their contention that Starks does not qualify as a seaman for the purposes of the Jones Act. The first argument is that Defendants’ barges
Starks opposes each of Defendants’ three arguments. As to Defendants’ first argument, Starks argues that Defendants’ barges were clearly “in navigation” for the purposes of the Jones Act, because they were “used, or capable of being used” for maritime transportation.
ANALYSIS
I. Seaman Status
The Jones Act provides that “[a] seaman injured in the course of employment. . .may elect to bring a civil action at law, with the right of trial by jury, against the employer.”
A. Standard of Law
When considering a motion for summary judgment, the Court must view the evidence and any inferences drawn from the evidence in the light most favorable to the non-movant to determine whether there is a genuine issue of material fact and whether the movant is entitled to summary judgment as a matter of law.
“The Jones Act is remedial legislation and as such should be liberally construed in favor of injured seamen.”
Finally, the Court notes that district courts have no obligation to survey the entire record in search of evidence to support a party’s position. De la O v. Hous. Auth. Of City of El Paso, Tex., 417 F.3d 495, 501 (5th Cir. 2005).
B. Discussion
Despite some guidance from Congress and the courts, drawing a distinction between seamen and non-seamen has proved difficult. In Chandris, Inc. v. Latsis, the Supreme Court explained that, to qualify as a Jones Act seaman, a maritime employee must have a “substantial employment-related connection to a vessel in navigation.”
1. Vessel in Navigation
Defendants’ first argument is that the barges at issue in this case were not “in navigation,” because they have no crew, engines for propulsion, steering, or other features associated with vessels and because Starks was not involved with the barges when they actually were in navigation.
The Court in Stewart emphasized that it does not matter whether the watercraft in question was in motion or stationary at the time of the plaintiffs alleged injury.
Here, the parties do not apparently dispute that the barges in question were regularly put to use transporting grain on navigable waters. The fact that the barges
2. Nature
Defendants next argue that Starks’ connection to the grain barges , at issue in this case was not sufficiently substantial in nature. Specifically, defendants argue that Starks’ work aboard the grain barges in question did not expose him to the “perils of the sea.”
Defendants (and Starks) fail to address the Fifth Circuit’s 2014 decision in Naquin v. Elevating Boats, L.L.C. The Fifth Circuit in Naquin expressly held that a plaintiff need not literally work on the open sea in order to qualify as a seaman.
The Naquin court concluded that it did not matter that the plaintiff in question “was rarely required to spend the night aboard a vessel, that the vessels he worked upon were ordinarily docked, and that he almost never ventured beyond the immediate canal area or onto the open sea.”
Here, the Court concludes, in light of Naquin, that Starks has adequately established that his work involved a substantial connection in nature to the barges in question. It does appear that Starks worked aboard the barges only while they were connected to the loading rig’s conveyor system; however, the Court finds the activity of clearing grain from inside a barge’s hopper to be sufficiently analogous to the sort of work performed by the plaintiff in Naquin. Starks’ work inside the grain barges exposed him to the perils of a maritime work environment. The Court therefore concludes that Starks’ connection to the barges in question could be sufficiently substantial in nature to satisfy the test laid out in Chandris.
3. Duration
Even though Starks can establish that the activity of clearing grain from inside a barge’s hopper constitutes a sufficiently substantial connection in nature to the identified barges, Starks still must establish that such a connection was also substantial in duration. Defendants initially cited to just over a month’s worth of barge records to put forward a calculation of Starks’ work time indicating that Starks worked in or around Defendants’ barges far less than 30%.
With regard to the substantial duration requirement, Chandris recognized the Fifth Circuit’s “rule of thumb” for the ordinary case that, generally, a “worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify as a seaman under the Jones Act.”
The Court in Chandris also stated that “[i]n evaluating the employment-related connection of a maritime worker to a vessel in navigation, courts should not employ ‘a snapshot test for seaman status, inspecting only the situation as it exists at the instant of injury; a more enduring relationship is contemplated in the jurisprudence.”
Starks’ reply to Defendants’ supplemental memorandum indicates that the parties do not dispute that Starks spent from August 20, 2013, until the time of his alleged injury on November 7, 2013, clearing grain barges for defendants.
The Court does not reject the possibility that the supplemental barge records provided by defendants could accurately reflect that Starks spent far less than 30% of his time aboard Defendants’ barges. However, the Court agrees with Starks’ argument that the records, as submitted, do not decisively settle how much time Starks spent aboard the barges. There is no evidence in the record clearly indicating who compiled the barge records or whether the records comprehensively reflect the amount of time Starks spent working aboard Defendants’ barges. The Court notes further that defendants—likely in control of the barge records from the start of this litigation—have come forward with this possibly comprehensive evidence only after the motion deadline in this case passed and barely one month before the scheduled trial date. Indeed, it appears that defendants could have presented this evidence to Starks and established its authenticity and comprehensiveness months, if.not years ago. Without ruling on the admissibility of the barge records at trial, the Court concludes that the records do not constitute sufficient evidence for the Court to conclude, on a motion for summary judgment, that Starks spent less than 30% of his time working aboard Defendants’ barges.
Starks stated in his deposition that he spent roughly 80 to 85 percent of his time working on grain barges under the control
As such, the Court concludes that there is a genuine dispute of material fact as to whether Starks spent roughly 30% of his time working aboard Defendants’ barges.
CONCLUSION
Perhaps in part because of Defendants’ failure to come forward with their evidence earlier, the Court concludes that defendants are not entitled to summary judgment on the issue of Starks’ Jones Act seaman status. The determination of a plaintiffs seaman status is typically a fact-intensive question for the jury. This is true even in marginal cases. In this case, defendants have not made a sufficient showing that the factual record is settled such that the Court could determine that Starks was not a Jones Act seaman as a matter of law.
Accordingly;
IT IS HEREBY ORDERED that Defendants’ “Motion for Summary Judgment on the Issue of Jones Act Seaman’s Status” is DENIED.
. R, Doc. 59.
. R. Doc. 61.
. R, Docs. 70, 71, & 75.
. The parties apparently dispute which of defendants may be consider as Starks' employer; however, the parties do not contend that the dispute is pertinent to the seaman status inquiry at issue in the instant motion. See R. Docs. 59-7 & 62-2. For the purposes of this order and reasons only, the Court refers to “defendants” generally as Starks’ employer.
.See R. Docs. 59-7 & 62-2; see also R. Doc. 59-1 at 4; Transcript of the Testimony of Che-drick Reyon Starks at 95-96, Jan. 5. 2016. The Court notes that many of the basic background facts discussed in Defendants’ initial memoranda in support of summary judgment
. Id,
. See R. Docs. 59-7, 62-2, & 71-2; see also R. Doc. 59-1 at 4; Transcript of the Testimony of Chedrick Reyon Starks at 107-21, Jan. 5, 2016.
. Id.
. Id.
. Id.
. Id.
. Id. It appears on the record that Starks would operate the bobcat for three consecutive barges running through the conveyor system and then operate the bobcat lift for the next three barges, and so on. See Transcript of the Testimony of Chedrick Reyon Starks at 114, Jan. 5, 2016; R. Doc. 59-7 at 2.
. See id.) see also Transcript of the Testimony of Chedrick Reyon Starks at 143-44, Jan. 5, 2016.
. Id.
. R. Doc. 1.
. R. Doc. 59.
. Plaintiff refers to "Defendants’ barges” as those barges "owned, operated and/or manage^] by Defendants American River Transportation Co.. and/or Archer Daniels Midland Company.” See R. Doc. 75.
. R. Doc. 59-1 at 4-5 (citing Harbor Tug and Barge Co. v. Papai, 520 U.S. 548, 555, 117 S.Ct. 1535, 137 L.Ed.2d 800 (1997); Richard v. Mike Hooks, Inc., No. 2001-C-0145, (La. 10/16/01); 799 So.2d 462).
. Id. at 5-10 (citing Chandris, Inc. v. Latsis, 515 U.S. 347, 368-71, 115 S.Ct. 2172, 132 L.Ed.2d 314 (1995)).
. Id. at 10-12.
. See R. Doc. 71 at 2-3.
. Id.
. R. Doc. 62 at 4-5.
. Id. at 7-8 (citing In re Endeavor Marine, Inc., 234 F.3d 287, 291-92 (5th Cir. 2000) (per curiam)).
. Id., see also R. Doc. 75 at 9.
. R. Doc. 62 at 5-6 (citing Chandris, 515 U.S. at 363, 115 S.Ct. 2172); see also R. Doc. 75 at 7-8..
. Id.
. 46 U.S.C. § 30104.
. See In re Endeavor Marine, 234 F.3d at 290; Naquin v. Elevating Boats, L.L.C., 744 F.3d 927, 932 (5th Cir. 2014); St. Romain v. Indus. Fabrication and Repair Serv., Inc., 203 F.3d 376, 378 (5th Cir. 2000).
. See Naquin, 744 F.3d at 932; Roberts v. Cardinal Serv., Inc., 266 F.3d 368, 374 (5th Cir. 2001).
. See Burns v. Commercial Testing & Eng'g Co., 736 F.2d 307, 309 (5th Cir. 1984).
. See St. Romain, 203 F.3d at 378.
. Chandris, 515 U.S. at 369, 115 S.Ct. 2172.
. Guidry v. S. La. Contractors, Inc., 614 F.2d 447, 455 (5th Cir. 1980).
. Id.; see also Ellender v, Kiva Const. & Eng’g, Inc., 909 F.2d 803, 805-06 (5th Cir. 1990); Barrios v. Engine & Gas Compressor Serv., Inc., 669 F.2d 350, 352 (5th Cir. 1982).
. See Baras, 736 F.2d at 309; Chandris, 515 U.S. at 369, 115 S.Ct. 2172.
. White v. Valley Line Co., 736 F.2d 304, 305 (5th Cir. 1984).
. See Bouvier v. Krenz, 702 F.2d 89, 90 (5th Cir. 1983).
. Chandris, 515 U.S. at 356, 115 S.Ct. 2172 (emphasis in original).
. See id. at 368-69, 115 S.Ct. 2172.
. Id. at 368, 115 S.Ct. 2172 (quoting McDermott Intern., Inc. v. Wilander, 498 U.S. 337, 355, 111 S.Ct. 807, 112 L.Ed.2d 866 (1991)).
. Id.
. See R. Doc. S9-1 at 3 n.l.
. Without moving for summary judgment on the issue, Starks does address the first prong of Chandris, noting that Starks "need only show that [he] does the ship’s work.” R. Doc. 62 at 2-3 (citing In re Endeavor Marine, Inc., 234 F.3d at 290). The Court notes its skepticism as to Defendants’ unelucidated contention that Starks' work clearing out grain from a fleet of grain-carrying barges does not constitute "the ship’s work.”
. R. Doc. 59-1 at 4-5.
. See id.
. 543 U.S. 481, 488-90, 125 S.Ct. 1118, 160 L.Ed.2d 932 (2005).
. Id. at 496, 125 S.Ct. 1118.
. Id. at 496, 125 S.Ct. 1118.
. See id. at 492 n. 6, 125 S.Ct. 1118 (citing, e.g., Norton v. Warner Co., 321 U.S. 565, 64 S.Ct. 747, 88 L.Ed. 931 (1944) and Jones & Laughlin Steel Corp. v. Pfeifer, 462 U.S. 523, 528-30, 103 S.Ct. 2541, 76 L.Ed.2d 768 (1983)).
. See id. at 496, 125 S.Ct. 1118.
. Lozman v. City of Riviera Beach, Fla., — U.S. -, 133 S.Ct. 735, 742-43, 184 L.Ed.2d 604 (2013).
.The Court notes a line of Fifth Circuit precedent involving grain facilities apparently like the "loading rig” in this case. See generally Waguespack v. Aetna Life & Cas. Co. 795 F.2d 523 (5th Cir. 1986); Jones v. Miss. River Grain Elevator, Co., 703 F.2d 108 (5th Cir. 1983). A review of these cases indicates that the respective plaintiffs were unable to establish a substantial connection to the grain barges coming in from the river, and instead attempted to argue that the loading rig-like facilities were themselves vessels. See id. Because Starks does not apparently contend that the loading rig itself was a vessel, but rather argues that he had a substantial connection to Defendants' grain barges, cases such as Wag-uespack and Jones are inapposite in this case.
. R. Doc. 71 at 3-4.
. See R. Doc. 59-1 at 5-10.
. 520 U.S. 548, 555, 117 S.Ct. 1535, 137 L.Ed.2d 800 (1997).
. R. Doc. 71 at 4 (quoting In re Endeavor Marine, 234 F.3d at 292.
. Naquin, 744 F.3d at 934-35; see also In re Endeavor Marine, Inc., 234 F.3d at 289.
. 744 F.3d at 930-31.
. 744 F.3d at 934.
. Id.
. Id. at 932 n. 12 (quoting In re Endeavor Marine Inc., 234 F.3d at 291).
. 744 F.3d at 934 (citing Stewart, 543 U.S. at 497, 125 S.Ct. 1118). The Court acknowledges the dissent in Naquin, which essentially supports and mirrors Defendants’ argument and cites with favor to one of the non-binding cases cited to by defendants. See id. at 941-44 (Jones, J. dissenting) (citing Richard v. Mike Hooks, Inc., 2001-C-0145 (La. 10/16/01); 799 So.2d 462). The dissent, which was not cited to or discussed by defendants, does not provide an adequate basis for the Court to stray from the guidance in In re Endeavor Marine and Naquin.
. See R. Doc. 59-1 at 10-12.
. See R. Doc. 62 at 6.
. See R. Doc. 71.
. See R. Doc. 75.
. Chandris, 515 U.S. at 371, 115 S.Ct. 2172.
. Id.
. Roberts v. Cardinal Services, Inc. 266 F.3d 368, 375 (5th Cir. 2001).
. Chandris, 515 U.S. at 363, 115 S.Ct. 2172.
. Chandris, 515 U.S. at 366, 115 S.Ct. 2172 (quoting Barrett v. Chevron U.S.A., Inc., 781 F.2d 1067, 1075 (5th Cir. 1986) (en banc)).
. Wilcox v. Wild Well Control, Inc., 794 F.3d 531, 536-37 (5th Cir. 2015).
. Id. (citing Barrett v. Chevron U.S.A., Inc., 781 F.2d 1067, 1075 (5th Cir. 1986) (en banc)).
. See R, Doc. 71 at 2 & 75 at 7.
. Id.
. Transcript of the Testimony of Chedrick Reyon Starks at 260, Jan. 5, 2016.
. See R. Doc. 59-1 at 11; R. Doc. 59-2 at 13-15.
. The Court finds it appropriate to briefly note its disappointment with counsel for defense. Most all of Defendants' arguments in this motion were made either without citation to controlling legal authority or without due discussion of legal authority apparently undermining Defendants’ positions. Defendants cited virtually no legal authority to support their argument that the barges in question were not vessels in navigation, despite there clearly being legal authority to discuss. See R. Doc. 59-1 at 4-5. Defendants, both in their initial and supplemental memorandum did not discuss the Fifth Circuit’s decision in Na-quin in making their argument that Starks’ connection to the barges was not substantial in nature. See id. at 5-10; R. Doc. 71. Furthermore, defendants initially did not address the clearly established rule from Barrett—recently reaffirmed in Wilcox—regarding how to determine a Starks’ durational connection to the barges. See R. doc. 59-1 at 10-12. The Court reminds counsel of their obligations under Local Rule 7.4, Louisiana Code of Ethics Rules 1.1 and 3.3, and Federal Rule of Civil Procedure 11(b)(2). The Court will expect all future arguments of counsel to be based upon sound legal authority and to include appropriate citation to the factual record.
.R. Doc. 59. The Court further orders the Clerk of Court to mark as resolved R. Doc. 57 (Defendants’ initial motion for summary judgment on Starks’ Jones Act seaman status, which the Court ordered to be refiled in R. Doc. 58).
Reference
- Full Case Name
- Chedrick STARKS v. ADVANTAGE STAFFING, LLC
- Cited By
- 4 cases
- Status
- Published