Seaman Precluded From Refiling Suit In Federal Court After Voluntary Dismissal Based On Claimed Forum Shopping Even Though No Prejudice To Defendant
RICKY GROS, JR. versus L&L MARINE TRANSPORTATION, INC., etal.
CIVIL ACTION No. 04-2681 SECTION I/2
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OFLOUISIANA
2005 U.S. Dist. LEXIS 6932
April 19, 2005, Decided
April 19, 2005, Filed
PROCEDURAL POSTURE: Plaintiff seaman filed a motion, pursuant to Fed. R. Civ. P. 41(a)(2), for voluntary dismissal without prejudice of a personal injury claim against defendants, an employer and an insurer, asserting claims pursuant to the Jones Act and maritime law.
OVERVIEW: The seaman alleged that he was injured while employed as a deckhand aboard a ship. The seaman originally filed a petition state court against the employer and an unnamed insurer asserting claims based on the same incident. After some discovery had been conducted, the state court granted the seaman's motion to voluntarily dismiss his state court petition so he could pursue his federal lawsuit. The seaman later filed a second lawsuit in state court against defendants, and moved to voluntarily dismiss the instant action in order to pursue his remedies in state court. Defendants alleged that the seaman was forum shopping. The court held that defendants produced no evidence to support a finding that they would have been legally prejudiced by a dismissal at an early stage in the proceeding. However, because defendants identified some evidence of abuse by the seaman, he was prohibited from refiling the action in federal court.
OUTCOME: The court granted the seaman's motion for voluntary dismissal and dismissed his claims without prejudice with the condition that the seaman could not re-file the action in federal court.
