Hollies v. Transocean Offshore USA, Inc., et al

Filing 159

ORDER granting 114 Motion for Summary Judgment. The motion is granted as set forth in document. Signed by Judge Greg Gerard Guidry on 11/20/2020. (ko)

Case 2:19-cv-11592-GGG-DMD Document 159 Filed 11/20/20 Page 1 of 4

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CIVIL ACTION NO: 19-11592

RODERICK HOLLIES
VERSUS

SECTION: T
TRITON ASSET LEASING GMBH,
TRANSOCEAN OFFSHORE
DEEPWATER DRILLING, INC.,
SPENCER OGDEN, INC., AND 6CATS
INTERNATIONAL, LIMITED
ORDER
Before the Court is a Motion for Summary Judgment 1 filed by Transocean Offshore
Deepwater Drilling Inc. and Triton Asset Leasing GmBH (“Transocean”) regarding their
crossclaim against Spencer Ogden, Inc. (“Spencer Ogden”). Spencer Ogden has filed an
opposition.2 For the following reasons, the Motion for Summary Judgment3 is GRANTED.
BACKGROUND
As more fully detailed in several previous orders, 4 this matter arises out of injuries
sustained by Roderick Hollies (“Plaintiff”) while working on the vessel D/S Discoverer India on
April 23, 2018. Plaintiff brought claims against Transocean as owner of the vessel and Spencer
Ogden as Plaintiff’s employer. Transocean brought a crossclaim against Spencer Ogden
contending Transocean is entitled to contractual indemnity from Spencer Ogden because Plaintiff
was an employee of Spencer Ogden at the time of the incident.5 Transocean asserts that the “Master
Purchasing Agreement” governing the relationship between Transocean and Spencer Ogden

1

R. Doc. 114.
R. Doc. 121.
3
R. Doc. 114.
4
R. Docs. 150, 151, 153, 153, and 155.
5
R. Doc. 23.
2

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Case 2:19-cv-11592-GGG-DMD Document 159 Filed 11/20/20 Page 2 of 4

provides that Plaintiff was a member of “Supplier Group” as defined by the contract.6 Transocean
now moves for summary judgment contending the undisputed material facts show that Spencer
Ogden is contractually obligated to provide complete defense and indemnity to Transocean from
and against the claims asserted by the Plaintiff in this matter. Spencer Ogden contends that there
is a genuine issue of material fact regarding whether Plaintiff was Spencer Ogden’s employee at
the time of the incident, and that Transocean is, therefore, not entitled to summary judgment.
LAW AND ANALYSIS
Summary judgment is proper where “the movant shows that there is no genuine dispute as
to any material fact and the movant is entitled to judgment as a matter of law.”7 When assessing
whether a dispute as to any material fact exists, the court considers “all of the evidence in the
record but refrains from making credibility determinations or weighing the evidence.” 8 All
reasonable inferences are drawn in favor of the nonmoving party, but “unsupported allegations or
affidavits setting forth ‘ultimate or conclusory facts and conclusions of law’ are insufficient to
either support or defeat a motion for summary judgment.”9
It is undisputed that the Master Purchasing Agreement was in effect at the time of
Plaintiff’s accident. Section 14 of the Master Purchasing Agreement is entitled “INDEMNITY”
and provides, in part:
14.1 Supplier shall at all times be responsible for, shall release and shall defend,
protect, indemnify and hold harmless Purchasing Group and Customer Group from
and against any and all Claims in respect of: (i) personal injury to or sickness, illness
or disease or death of any person who is a member of Supplier Group arising out
of or relating to or in connection with any Purchase Order; and/or…
Section 1 of the Master Purchasing Agreement is entitled “DEFINITIONS” and provides, in part:

6

R. Doc. 23.
Fed. R. Civ. P. 56(a).
8
Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co., 530 F.3d 395, 398–99 (5th Cir. 2008).
9
Galindo v. Precision Am. Corp., 754 F.2d 1212, 1216 (5th Cir. 1985).
7

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Case 2:19-cv-11592-GGG-DMD Document 159 Filed 11/20/20 Page 3 of 4

1.4 “Customer Group” shall mean and include Customer, any co-venturer of
Customer in any license block or concession area in which or in connection with
the Services are being performed or the Goods are being supplied and its and their
Affiliates, its and their respective officers, directors, employees, agents, servants,
insurers, invitees and, only to the extent that Customer provides substantially
reciprocal indemnity protection to Supplier Group in its contract with Purchaser or
any of its Affiliates, Customer’s and its Affiliates’ other contractors, subcontractors and suppliers of any tier (excluding Supplier Group and Purchasing
Group), its and their Affiliates and its and their respective officers, directors,
shareholders, employees, representatives, and consultants, agents, servants, heirs,
assigns, insurers, subrogees and invitees.
…
1.15 “Supplier Group” shall mean and include Supplier, its Affiliates and its and
their sub-suppliers and suppliers of any tier and its and their respective Affiliates,
officers, directors, shareholders, employees, representatives, consultants, agents,
servants, heirs, assigns, insurers, subrogees and invitees.
Transocean contends Plaintiff was a part of the “Supplier Group” because he was a direct employee
of Spencer Ogden on April 23, 2018 and because all traditional employment matters were handled
by Spencer Ogden.
The summary judgment evidence proves that Plaintiff was Spencer Ogden’s employee at
the time of incident. First, Plaintiff testified that he was employed by Spencer Ogden at the time
of incident.10 Plaintiff further testified about the relationship between Spencer Ogden and 6CATS
International, Limited (“6CATS”), explaining that Spencer Ogden was his employer and that
6CATS would pay Plaintiff when Plaintiff was working internationally.11 Additionally, this Court
previously granted 6CATS’s motion for summary judgment finding that Spencer Ogden was
Plaintiff’s employer.12 Therefore, the Court finds Transocean is entitled to indemnity under the
terms of the Master Purchasing Agreement because Plaintiff was part of the “Supplier Group” as
a direct employee of Spencer Ogden.

10

R. Doc. 114-4, p. 21.
R. Doc. 114-4, p. 49.
12
R. Doc. 151.
11

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Case 2:19-cv-11592-GGG-DMD Document 159 Filed 11/20/20 Page 4 of 4

CONCLUSION
Accordingly, IT IS ORDERED that the Motion for Summary Judgment 13 filed by
Transocean Offshore Deepwater Drilling Inc. and Triton Asset Leasing GmBH is GRANTED.
New Orleans, Louisiana, on this 20th day of November, 2020.

GREG GERARD GUIDRY
UNITED STATES DISTRICT JUDGE

13

R. Doc. 114.

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