Vulcan Construction Materials, LLC, as owner of the Tug JEANIE CLAY v. Claimant, No. 2:2018cv00668 - Document 30 (E.D. Va. 2019)

Court Description: OPINION AND ORDER. The Court DENIES Robert W. Dervishian Jr.'s Motion to Dismiss (ECF no. 17). Signed by District Judge Robert G. Doumar on 5/7/2019. (jrin)

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Vulcan Construction Materials, LLC, as owner of the Tug JEANIE CLAY v. Claimant Doc. 30 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION IN THE MATTER OF THE COMPLAINT OF VULCAN CONSTRUCTION CIVIL NO.2:18cv668 MATERIALS,LLC,AS OWNER OF THE TUG JEANIE CLAY, OPINION AND ORDER This matter comes before the Court on Claimant and Defendant-in-Limitation Robert W. Dervishian, Jr.'s Motion to Dismiss Complaint in Admiralty Due to Lack of Subject Matter Jurisdiction ("Motion to Dismiss"), ECF No. 17. In such motion, Robert W. Dervishian ("Dervishian" or "Defendant-in-Limitation") requests dismissal of the Complaint in Admiralty ("Limitation of Liability Claim") filed by Vulcan Construction Materials, LLC ("Vulcan" or "Plaintiff-in-Limitation"). ECF No. 17, 1. For the reasons set forth below, the Court DENIES Dervishian's motion. ECF No. 17. 1. PROCEDURAL AND FACTUAL BACKGROUND According to Dervishian,"[o]n February 22, 2018, Dervishian was injured while working as an Operations Manager for his employer, T. Parker Host." ECF No. 18 at 2. Dervishian was "assisting with the mooring of barges at the terminal located at Shirley Plantation in Charles City, Virginia." Id Dervishian was neither a seaman nor an employee of Vulcan. Dervishian claims that "Captain Kim Todd ("Captain Todd"), an employee of Vulcan ... was operating a tugboat owned by Vulcan known as the Jeanie Clay." Id According to Dervishian's Complaint, much of which is denied by Vulcan,"[tjhere were four barges to be moored at Shirley Plantation that day, identified...bynumbersNF-107,M-3102,JS-lll,andVM-202." ECFNo. 18-2at^l0. "The 1 Dockets.Justia.com

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