Wiegand v. United States Maritime Services, LLC et al

Filing 1

COMPLAINT against All Defendants (Filing fee $ 350 receipt number 053L-3222651) filed by Conrad Wiegand. (Attachments: # 1 Civil Cover Sheet)(Coffey, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CONRAD CHARLES WIEGAND

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VERSUS
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UNITED STATES MARITIME SERVICES, LLC and *
PARISH OF ST. BERNARD
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CIVIL ACTION
NO.
SECTION
MAGISTRATE

COMPLAINT FOR BREACH OF CONTRACT
REGARDING VESSELS OF OPPORTUNITY
NOW INTO COURT, through undersigned counsel, comes plaintiff, Conrad Charles
Wiegand, a person of the full age of majority and a resident of the State of Louisiana, who, for a
cause of action, does state as follows:
I.
Defendant, United States Maritime Services, LLC, is a foreign corporation licensed to do
and doing business in this judicial district.
II.
Defendant, Parish of St. Bernard, State of Louisiana, is a political subdivision of the State
of Louisiana located within this judicial District
III.
Venue is proper within this judicial district.

IV.
This Court has jurisdiction over this matter pursuant 28 U.S.C. §1333, federal question,
this being a claim under the General Maritime Law of the United States and whereas there is
complete diversity of the parties and an amount in controversy exceeding $75,000 pursuant to 28
U.S.C. ¶1332.
V.
On or around May 1, 2010 and June 6, 2010, plaintiff, Conrad Charles Wiegand,
individually, entered, respectively, into an agreement with defendant, The Parish of St. Bernard
and a Master Vessel Charter Agreement, with defendant, United States Maritime Services, LLC,
wherein defendants agreed to employ plaintiff's vessel as part of the Gulf of Mexico cleanup
effort following the tragic BP American Production Company rig explosion and oil spill
occurring on April 20, 2010.
VI.
Plaintiff provided vessels and crew and made available on a standby basis vessels and
crew as part of defendant’s cleanup effort pursuant to the terms of the parties’ contract.
VII.
There remains due and owing for services duly rendered and pursuant to the terms of the
parties’ contract, additional sums for services rendered and while on standby status which remain
unpaid.
VIII.
Despite amicable demand, defendant has refused to make payment.

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IX.
This suit is brought pursuant to the General Maritime Laws of the United States and/or
Louisiana state law, made applicable to this dispute pursuant to the choice of law provisions
contained in the parties’ contracts.
X.
Plaintiff seeks all damages and amounts reasonable in the premises, including all
consequential damages resulting directly or indirectly from defendants’ failure to pay.
XI.
Plaintiff further seeks an award of attorney’s fees to the extent allowed by law.
WHEREFORE, plaintiff prays that after due proceedings had, there be judgment
rendered herein in his favor and against defendant, in the amount set forth above, for attorney’s
fees, for all costs incurred, for interest from the date of judicial demand until paid in full, and for
any and all other relief to which they are entitled.
Respectfully submitted:
/s/ Wm. David Coffey
FRANK E. LAMOTHE, III, T.A. (#7945)
WM. DAVID COFFEY (#24056)
LAMOTHE LEA AERTKER, LLC
724 E. Boston Street
Covington, Louisiana 70433
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Service to be made through Lexis Nexis File & Serve

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