Andrews v. Aramark U.S. Offshore Servs., LLC

Full title: CRUZ ANDREWS, Plaintiff, v. ARAMARK U.S. OFFSHORE SERVICES, LLC, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Date published: Jan 3, 2014

CIVIL ACTION NO. H-13-2681 (S.D. Tex. Jan. 3, 2014)

Opinion

CIVIL ACTION NO. H-13-2681

01-03-2014

CRUZ ANDREWS, Plaintiff, v. ARAMARK U.S. OFFSHORE SERVICES, LLC, Defendant.

Nacy F. Atlas

MEMORANDUM AND ORDER

This case is before the Court on the Motion to Remand [Doc. # 18] filed by Plaintiff Cruz Andrews, to which Defendant Aramark U.S. Offshore Services, LLC¹ ("Aramark") filed a Response [Doc. # 20]. Plaintiff neither filed a reply nor requested an extension of time to do so. Pursuant to 28 U.S.C. § 1441(c)(2), the Motion to Remand is granted as to the Jones Act claim and denied as to the general maritime claim for maintenance and cure.

1 By Order [Doc. # 19] entered November 26, 2013, the Court granted Plaintiff's unopposed Motion to Dismiss all other Defendants.

Plaintiff filed this lawsuit in Texas state court alleging that he was injured while working for Aramark on a vessel owned by Transocean Drilling (U.S.A.) Inc. Plaintiff asserted a Jones act claim, that is non-removable. See 46 U.S.C. § 30104 (permitting seaman to pursue Federal Employers' Liability Act ("FELA") claim against employer); 28 U.S.C. § 1445(a) (prohibiting removal of FELA claims). Plaintiff also asserted a general maritime claim against his employer for maintenance and cure. Defendants removed the case to federal court based on federal question jurisdiction, and Plaintiff moved to remand.

If a civil action include a federal claim (such as Plaintiff's general maritime claim for maintenance and cure) and claim that is non-removable by statute (such as Plaintiff's Jones Act claim), "the entire action may be removed if the action would be removable without the inclusion of the [Jones Act] claim . . .." See 28 U.S.C. § 1441(c)(1). Upon removal, "the district court shall sever from the action" the non-removable claim and remand them to state court. See 28 U.S.C. § 1441(c)(2) (emphasis added). Accordingly, the Court will sever the Jones Act claim and remand it to state court, and will retain the general maritime claim for maintenance and cure. It is, therefore, hereby

ORDERED that the Motion to Remand [Doc. # 18] is GRANTED as to the Jones Act claim and DENIED as to the general maritime claim for maintenance and cure. It is further

ORDERED that the Jones Act claim is SEVERED AND REMANDED to the 334th Judicial District Court on Harris County, Texas.

SIGNED at Houston, Texas, this 3^rd day of January, 2014.

_________________

Nacy F. Atlas

United States District Judge