Parisi v. Maersk Lines Limited
| Phillip Parisi |
| Maersk Lines Limited |
| 2:2020cv00155 |
| March 25, 2020 |
| US District Court for the Eastern District of Virginia |
| Arenda L Wright Allen |
| Douglas E Miller |
| Marine |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 2, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 30 NOTICE of Appearance by Daniel Tennyson Berger on behalf of Maersk Lines Limited (Berger, Daniel) |
| Filing 29 NOTICE of Appearance by Ryan Thomas Gibson on behalf of Maersk Lines Limited (Gibson, Ryan) |
| Filing 28 NOTICE of Appearance by John Early Holloway on behalf of Maersk Lines Limited (Holloway, John) |
| Filing 27 Case transferred in from District of Massachusetts; Case Number 1:19-cv-11842. Original file and docket sheet received. |
| Refer for 16(b) (clou, ) |
| Filing 26 Case transferred to the United States District Court, Eastern District of Virginia - Norfolk. Case file electronically transferred to the Clerk in that district. (Pacho, Arnold) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 25 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #11 Motion to Dismiss for Lack of Jurisdiction by transferring to the proper court.Plaintiff Phillip Parisi opposes defendant Maersk Lines Limited's (MLL) motion to dismiss his case based on the court's lack of personal jurisdiction. Parisi claims that MLL has waived the defense by participating in initial discovery and "without reserv[ation]." Substantively, Parisi contends that the court has both general and specific personal jurisdiction over MLL based on its contacts with Massachusetts. The court permitted Parisi the time he requested to engage in jurisdictional discovery before opposing the motion. "[W]aiver is the intentional relinquishment or abandonment of a known right." Johnson v. Zerbst, 304 U.S. 458, 464 (1938). A defendant can be found to waive the defense of a lack of personal jurisdiction by failing to raise it in a "timely" motion or failing to include it in a responsive pleading. Fed. R. Civ. P. 12(h)(1); In re Atrium Med. Corp. C-Qur Mesh Prod. Liab. Litig., 299 F. Supp. 3d 324, 329 (D.N.H. 2017). A defendant may also waive the defense through conduct that is inconsistent with the defense, VazquezRobles v. CommoLoCo, Inc., 757 F.3d 1, 3 (1st Cir. 2014), or "participation in, or encouragement of, the district court proceedings." Precision Etchings & Findings, Inc. v. LGP Gem, Ltd., 953 F.2d 21, 25 (1st Cir. 1992); Gen. Contracting & Trading Co., LLC v. Interpole, Inc., 940 F.2d 20, 22 (1st Cir. 1991); see also Lechoslaw v. Bank of Am., N.A., 618 F.3d 49, 55 (1st Cir. 2010). None of these circumstances occurred here. MLL raised the defense in its Answer and filed a timely motion to dismiss approximately three months after filing its Answer (the cited cases cited range from defendants delaying 18 months to six years after filing their Answers to raise the defense). While MLL filed initial discovery requests of Parisi, it filed its dispositive motion just prior to plaintiff filing his responses. MLL has not waived this defense.With regard to MLL's contacts with Massachusetts, Parisi fails to satisfy the Massachusetts Long-Arm Statute or the requirements of the Due Process Clause of the United States Constitution. It is Parisi's burden to demonstrate MLL's "continuous and systematic activity within the state" to satisfy general jurisdiction precepts, or, invoking specific jurisdiction, that the litigation is founded directly on MLL's in-state activities. It is uncontested that MLL is a Delaware corporation with its principal place of business in Norfolk, Virginia. It has not had a vessel in Massachusetts since 2015 or regularly serviced the state since 1999. MLL hired Parisi through the American Maritime Officers Dispatching which is based in Dania Beach, Florida. Hadder Dec. 10. Parisi flew from the United States to Port Said, Egypt where he joined the M/V SAFMARINE NIMBA which sails only between Port Said and Mersin, Turkey, where Parisi was injured. While Parisi contends that MLL's direct deposit payment of his salary into his bank account in Massachusetts "directly relates" to his claims, the court finds this inadequate, especially where such payments are made at the employee's direction for his convenience. Absent personal jurisdiction in Massachusetts, venue is also improper. However, at Parisi's request, instead of simply dismissing the case without prejudice, the court directs the Clerk to transfer the matter to the federal district court in Norfolk, Virginia, where this case should have been filed. (Zierk, Marsha) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 24 MEMORANDUM in Opposition re #11 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Improper Venue filed by Phillip Parisi. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Longo, Michael) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 23 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #19 Motion to Stay defendant's motion to dismiss so that plaintiff Philip Parisi may conduct sixty days (until March 16, 2020) of jurisdictional discovery, and file its opposition, if any, to defendant's motion to dismiss by March 26, 2020. (Zierk, Marsha) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 22 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Plaintiff Phillip Parisi requests that the court permit him discovery regarding venue and personal jurisdiction over Maersk Lines Limited in the federal court in the District of Massachusetts, prior to ruling on Maersk's Motion to Dismiss (Dkt #11). Inclined to do so, the court will allow Maersk to file its Opposition, if any, to the request for jurisdictional discovery by January 22, 2020.(Zierk, Marsha) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 21 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #19 MOTION to Stay re #11 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Improper Venue, 18 Order on Motion to Stay, seeking to continue the Motion to Dismiss and Reconsider the Order Stay by Michael V. Longo on behalf of Phillip Parisi filed by on behalf of Phillip Parisi. (Longo, Michael) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 20 MEMORANDUM in Support re #11 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Improper Venue, #19 MOTION to Stay re #11 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Improper Venue, 18 Order on Motion to Stay, seeking to continue the Motion to Dismiss and Reconsider the Order Stay filed by Phillip Parisi. (Attachments: #1 Exhibit 1)(Longo, Michael) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 19 MOTION to Stay re #11 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Improper Venue, 18 Order on Motion to Stay, seeking to continue the Motion to Dismiss and Reconsider the Order Staying Discovery by Phillip Parisi.(Longo, Michael) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 18 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #15 Motion to Stay discovery where the basis for defendant Maersk Line, Limited's dispositive motion is the court's lack of personal jurisdiction and improper venue, and no argument is made that particular discovery is required to oppose the motion. (Zierk, Marsha) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 17 AFFIDAVIT in Opposition re #15 MOTION to Stay Discovery or, in the Alternative, for a Protective Order filed by Phillip Parisi. (Attachments: #1 Exhibit)(Longo, Michael) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 16 MEMORANDUM in Support re #15 MOTION to Stay Discovery or, in the Alternative, for a Protective Order filed by Maersk Lines Limited. (Muzyka, Thomas) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 15 MOTION to Stay Discovery or, in the Alternative, for a Protective Order by Maersk Lines Limited.(Muzyka, Thomas) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 14 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #13 Assented to MOTION for Extension of Time to File Response to #11 MOTION to Dismiss. Response due January 13, 2020. (Pacho, Arnold) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 13 Assented to MOTION for Extension of Time to January 11, 2020 to File Response/Reply as to #11 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Improper Venue, #12 Memorandum in Support of Motion, by Phillip Parisi.(Longo, Michael) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 12 MEMORANDUM in Support re #11 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Improper Venue filed by Maersk Lines Limited. (Attachments: #1 Affidavit Steven E. Hadder, #2 Exhibit A)(Muzyka, Thomas) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 11 MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, Improper Venue ( Responses due by 12/26/2019) by Maersk Lines Limited.(Muzyka, Thomas) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 10 DECLARATION of Steven E. Hadder in Support of Defendant's Motion to Dismiss by Maersk Lines Limited. (Muzyka, Thomas) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 9 CERTIFICATION pursuant to Local Rule 16.1 . (Muzyka, Thomas) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 8 NOTICE by Maersk Lines Limited Certified State Court filings (Muzyka, Thomas) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 7 Judge Richard G. Stearns: ELECTRONIC ORDER entered. The Answer having been filed in this case, the court enters the following pretrial schedule:Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 10/4/19; Motions for leave to Amend Pleadings & Joinder of Parties are due by 12/20/19. Without leave of court, the parties are permitted 30 interrogatories, 30 requests for admissions and 30 document requests, to be filed within the 30 days of the initial disclosures, and the court expects responses to be made in thirty days, unless a request for additional time is granted. A party may not notice more than 5 deponents without leave of court on a showing of good cause. If all parties are interested in the court's mediation program, they must notify our docket clerk Arnold Pacho (617-748-9812) by 12/30/19 (or earlier). All fact discovery must be completed no later than 3/20/20. Plaintiff's expert witness(es), if any, are to be designated and Rule 26(a)(2) reports filed no later than 4/13/20; Defendant's expert witness(es), if any, to be designated and Rule 26(a)(2) reports filed no later than 5/8/20. Expert discovery must be completed by 6/1/20. The court notes that treating physicians are not required to produce Rule 26 reports, rather plaintiffs relevant medical records are produced as part of fact discovery by plaintiff or by plaintiffs counsel presenting to defendant completed releases for relevant records and providers by 10/4/19 as part of his automatic disclosures. Plaintiff is obligated to supplement these records under the procedural rules.Dispositive Motions, if any, are due by 4/13/20 (no experts utilized other than treating physicians) or by 6/26/20 (if substantive experts utilized), with Oppositions to dispositive motions due within 21 days after service of the motion; Reply, if any, by leave of court. (Zierk, Marsha) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 6 ANSWER to Complaint with Jury Demand by Maersk Lines Limited.(Muzyka, Thomas) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 5 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (adminn, ) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (adminn, ) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 3 NOTICE of Appearance by Kenneth Raymond Corson, III on behalf of Maersk Lines Limited (Corson, Kenneth) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 2 NOTICE of Appearance by Thomas J Muzyka on behalf of Maersk Lines Limited (Muzyka, Thomas) [Transferred from Massachusetts on 3/25/2020.] |
| Filing 1 NOTICE OF REMOVAL by Maersk Lines Limited ( Filing fee: $ 400, receipt number 0101-7854394 Fee Status: Filing Fee paid) (Attachments: #1 Appendix, #2 JS45, #3 Civil Cover Sheet, #4 Exhibit Complaint, #5 Affidavit Thomas Muzyka)(Muzyka, Thomas) [Transferred from Massachusetts on 3/25/2020.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Virginia Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
