Morales v. BP America Production Company et al

Filing 1

COMPLAINT with jury demand against All Defendants (Filing fee $ 350 receipt number 053L-3222610) filed by Daniel Morales, Jr. (Attachments: # 1 Civil Cover Sheet, # 2 Summons BP America, # 3 Summons BP E&P)(Tillery, A.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DANIEL MORALES, JR.

VERSUS
BP AMERICA PRODUCTION COMPANY
AND BP EXPLORATION & PRODUCTION, INC.

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CIVIL ACTION
NO.
SECTION

JUDGE

MAGISTRATE

COMPLAINT
The complaint of Daniel Morales, Jr., a person of lawful domiciled in the Parish of St.
Bernard, State of Louisiana, avers as follows:
1.
Named defendants herein are:
a) BP America Production Company, a foreign corporation with its principal place of
business in a state other than Louisiana which is authorized to do and doing business in this state
and judicial district; and
b) BP Exploration & Production, Inc., a foreign corporation with its principal place of
business in a state other than Louisiana which is authorized to do and doing business in this state
and judicial district.
2.
Jurisdiction of this cause of action against said defendants is based upon this court’s
exclusive jurisdiction over maritime matters pursuant to 28 U.S.C.A. §1333.

3.
At all material times plaintiff Daniel Morales, Jr. was self-employed as a commercial
fisherman, owned the vessel described below and used said vessel in furtherance of his business.
4.
On or about June 12, 2010 plaintiff chartered his vessel the CAPTAIN JOSEPH, LA5312-EZ to defendant BP America Production Company and/or BP Exploration & Production,
Inc. to assist in the oil spill clean up activities resulting from the April 20, 2010 explosion aboard
the mobile offshore drilling unit Deepwater Horizon. The individual charter agreement entered
into by and between plaintiff and said defendants governing the use of said vessel was entered
into as part of the Vessels of Opportunity program designated as V.O.O. Contract No. HOV2284 (hereinafter “master charter agreement”).
5.
Pursuant to the individual master charter agreement described above entered into by and
between plaintiff and defendants for use of the vessel, plaintiff was to maintain and employ the
vessel as a “Vessel of Opportunity” for the exclusive use of the defendants. The master charter
agreement required that the vessel “shall be available and at charterer’s disposal for operation
twenty-four hours per day”. Defendants were to retain exclusive use of the vessel until they
terminated the agreements by giving plaintiffs an “off-hire dispatch notification”.
6.
The master charter agreement provided for fixed rates of hire payable to plaintiff
throughout the term of the charter agreement. Pursuant to the terms of the master charter
agreement defendants made some payments for use of the vessel.

7.
Defendants made certain payments to plaintiff but failed to make all payments rightfully
due to plaintiff and despite no action by said defendants to alter, revoke or cancel the master
charter agreements and plaintiff’s continuing legal obligation to make the said vessel available
for defendants’ exclusive use twenty-four hours per day, said defendants ceased making
payments rightfully due to plaintiff under the terms of its charter agreement without notice,
explanation or justification.
8.
BP Exploration & Production, Inc. provided to plaintiff, by mailing on or about
November 26, 2010, an “off-hire dispatch notification” which plaintiff received approximately
November 30, 2010.
9.
Defendants have breached and continue to breach their contractual duty by not making
timely payments due to plaintiff prior to cancellation of the master charter agreement and/or
lawfully canceling the master charter agreement .
10.
Defendants owe plaintiff payment for the vessel and hire and crew pay from initial
activation through termination by “off-hire dispatch notification” as per the master charter
agreement.
11.
Defendants have failed to make payments in the minimum amount of $196,000.00 which
amount is presently due to plaintiff in full pursuant to the master charter agreement described

herein and for which amount plaintiff makes immediate demand in full plus all future and
additional amounts due and owing and accruing and as will be shown at trial, plus attorney’s fees
incurred in the enforcement of the master charter agreement, and for all costs.
12.
Because of defendants’ breach of the agreements plaintiff has been damaged.
13.
Plaintiffs hereby request trial by jury on all issues raised herein.
WHEREFORE, plaintiffs pray that defendants be summoned to appear and answer this
complaint and after all proceedings had that there be judgment herein in favor of Daniel Morales,
Jr. and against BP America Production Company and BP Exploration & Production, Inc. jointly
and in solido in the full and true sum of $196,000.00 plus all additional amounts due and
accruing as will be shown at trial, plus legal interest thereon, for all attorney’s fees for services
rendered herein, for all costs, and for all general and equitable relief, and for trial by jury on all
issues herein.
/s/ A. Scott Tillery
____________________________________
A. SCOTT TILLERY, No. 12788
TILLERY & TILLERY
Counsel for Daniel Morales, Jr.

701 Metairie Road, Suite 2A201
Metairie, Louisiana 70005
Telephone [phone]
Facsimile [phone]

SEE NEXT PAGE FOR SERVICE INFORMATION

PLEASE SERVE:

1.

BP America Production Company
Through registered agent for service:
CT Corporation System
5615 Corporate Blvd., Suite 400B
Baton Rouge, LA 70808

2.

BP Exploration & Production, Inc.
Through registered agent for service:
CT Corporation System
5615 Corporate Blvd., Suite 400B
Baton Rouge, LA 70808