Richard Rondeno v. M/V Island Oasis, et al


UNPUBLISHED OPINION FILED. [12-20112 Affirmed ] Judge: JES , Judge: ECP , Judge: SAH Mandate pull date is 09/12/2012; denying motion to dismiss appeal filed by Appellee P & O Ports Louisiana Inc [7071007-2]; denying motion to dismiss appeal for lack of jurisdiction filed by Appellee P & O Ports Louisiana Inc [7071007-3] [12-20112]

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Case: 12-20112 Document: 00511966154 Page: 1 Date Filed: 08/22/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED August 22, 2012 No. 12-20112 Summary Calendar Lyle W. Cayce Clerk RICHARD R. RONDENO, Plaintiff–Appellant v. M/V ISLAND OASIS; NYK GLOBAL BULK CORPORATION; TOSHIN KISEN COMPANY, LIMITED; KEISHIN KAIUN COMPANY LIMITED; EVER BRIGHT SHIPPING SA; P & O PORTS LOUISIANA INCORPORATED, (Ports America), Defendants–Appellees Appeal from the United States District Court for the Southern District of Texas USDC No. 4:11-CV-4028 Before SMITH, PRADO, and HIGGINSON, Circuit Judges. PER CURIAM:* Plaintiff–Appellant Richard Rondeno, proceeding pro se, filed suit in the United States District Court for the Southern District of Texas based on injuries he suffered unloading cargo from the M/V ISLAND OASIS while employed as a longshoreman by Defendant–Appellee P&O Ports Louisiana, Inc. The injuries * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 12-20112 Document: 00511966154 Page: 2 Date Filed: 08/22/2012 No. 12-20112 he complains of occurred in May 2005. In the instant suit1 filed in November 2011, he seeks to raise claims under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq., and the Jones Act, 46 U.S.C. § 30104. The district court dismissed Rondeno’s claims because the LHCWA’s statute of limitations is one year, 33 U.S.C § 913(a), and the Jones Act’s statute of limitations is three years, 46 U.S.C. § 30106. As Rondeno’s claims are untimely under either statute, we AFFIRM the district court’s dismissal of Rondeno’s suit. Additionally, P&O Ports’s motion to dismiss for lack of jurisdiction is DENIED and its motion to dismiss is DENIED AS MOOT. 1 In August 2005, Rondeno filed a claim under the LHWCA with the United States Department of Labor. That claim was eventually referred to an administrative law judge, who in November 2011 allowed Rondeno to withdraw his claim without prejudice. Rondeno also brought suit in the United States District Court for the Eastern District of Louisiana in May 2008. On Rondeno’s motion, the district court in that case dismissed those claims without prejudice. 2

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