Marote v. F/V OCEAN VIEW, INC. et al

Filing 1

COMPLAINT against All Defendants (Fee Status: Seaman), filed by Wayne Marote. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Affidavit)(Latti, Carolyn)

JS44
(Rev. 3/99)

CIVIL COVER SHEET

The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local
rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket
sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I (a) PLAINTIFFS
WAYNE MAROTE

DEFENDANTS
F/V OCEAN VIEW, INC. AND TMT CLAM
DREDGERS, LLC

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF
(EXCEPT IN U.S. PLAINTIFF CASES)

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _____
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION
CASES, USE THE LOCATION OF THE TRACT OF LAND
INVOLVED

(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)
Carolyn M. Latti, BBO #567394, David F. Anderson, BBO#560994, LATTI &
ANDERSON LLP, 30-31 UNION WHARF, BOSTON, MA 02109
[phone]

ATTORNEYS (IF KNOWN)
_______________________________________________________
_______________________________________________________
_______________________________________________________
______________________________________________________

_______________________________________________________

II. BASIS OF JURISDICTION

III. CITIZENSHIP OF PRINCIPAL PARTIES

(PLACE AN X IN ONE BOX ONLY)

(For Diversity Cases Only)
1 U.S. Government
Plaintiff

3

2 U.S. Government
Defendant

4

Federal Question
(U.S. Government Not a Party)

PTF DEF
1
1

Citizen of This State

Diversity
(Indicate Citizenship of
Parties IN Item III)

(PLACE AN X IN ONE BOX

FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)

Citizen of Another State

2

2

Citizen or Subject of a
Foreign Country

3

3

Incorporated or Principal Place
of Business in This State
Incorporated and Principal Place
Of Business in Another State
Foreign Nation

PTF
4

DEF
4

5

5

6

6

IV. NATURE OF SUIT (PLACE AN x IN ONE BOX ONLY)
CONTRACT
110
120
130
140
150
151
152
153
160
190
195

Insurance
Marine
Miller Act
Negotiable Instrument
Recovery of Overpayment
& Enforcement of
Judgment
Medicare Act
Recovery of Defaulted
Student Loans
(Excl. Veterans)
Recovery of Overpayment
Of Veteran Benefits
s
StockholdersSuits
Other Contract
Contract Product Liability

REAL PROPERTY

TORTS
PERSONAL INJURY

610 Agriculture
620 Other Food & Drug
625 Drug Related Seizure
of Property 21 USC 881
630 Liquor Laws
640 R.R. & Truck
650 Airline Regs.
660 Occupational
Safety/Health
690 Other

PERSONAL INJURY

310 Airplane
362 Personal Injury 
315 Airplane Product
Med Malpractice
Liability
365 Personal Injury 
320 Assault, Libel &
Product Liability
Slander
368 Asbestos
330 Federal Employers
Injury Product Liability
Liability
340 Marine
PERSONAL PROPERTY
345 Marine Product
370 Other Fraud
Liability
371 Truth in Lending
350 Motor Vehicle
380 Other Personal
355 Motor Vehicle
Property Damage
Product Liability
385 Property Damage
360 Other Personal Injury
Product Liability

CIVIL RIGHTS
441 Voting
442 Employment
443 Housing/
Accommodations
444 Welfare
440 Other Civil Rights

210 Land Condemnation
220 Forecelosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

V. ORIGIN
1
Magistrate
Proceeding

FORFEITURE/
PENALTY

LABOR
710 Fair Labor Standards
Act

PRISONER PETITIONS

720 Labor/Mgmt. Relations

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157

820 Copyrights
830 Patent
840 Trademark

State Court

Appellate Court

810
850

SOCIAL SECURITY
861
862
863
864
865

875

HIA (1395ff)
Black Lung (923)
DIWC/DIWW (405(g))
SSID Title XVI
RSI (405(g))

891
892
893
894
895
900

730 Labor/Mgmt. Reporting
& Disclosure Act

510 Motions to Vacate
Sentence
HABEAS CORPUS:
530 General
535 Death Penalty
540 Mandamus & Other
550 Civil Rights
555 Prison Condition

2 Removed from

400
410
430
450
460
470

PROPERTY RIGHTS

740 Railway Labor Act
790 Other Labor Litigation
791 Empl. Ref. Inc. Security
Act

3 Remanded from
Reopened

Transferred from
4 Reinstated or
(Specify)

950

FEDERAL TAX SUITS

890

State Reapportionment
Antitrust
Banks and Banking
Commerce/ICC Rates/etc.
Deportation
Racketeer Influenced and
Corrupt Organizations
Selective Service
Securities/Commodities/
Exchange
Customer Challenge
12 USC 3410
Agricultural Acts
Economic Stabilization Act
Environmental Matters
Energy Allocation Act
Freedom of Information Act
Appeal of Fee Determination
Under Equal Access to Justice
Constitutionality of
State Statutes
Other Statutory Actions

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS Third Party
26 USC 7609

(PLACE AN x IN ONE BOX ONLY)
Original

OTHER STATUTES

5 another district

Appeal to District
7 Judge from
6 Multidistrict

Litigation

Judgment

VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS
DIVERSITY.) JONES ACT AND GENERAL MARITIME LAW FOR UNSEAWORTHINESS
____________________________________________________________________________________________________________________________________

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION
COMPLAINT:
UNDER F.R.C.P. 23
VIII. RELATED CASE(S) (See Instructions)
IF ANY

DEMAND $___________

Check YES only if demanded in complaint:

JURY DEMAND:

YES

JUDGE __________________________ DOCKET NUMBER _____________________
DATE
___01-06-12________

SIGNATURE OF ATTORNEY OF RECORD /s/ Carolyn M. Latti

NO

FOR OFFICE USE ONLY
RECEIPT # ___________ AMOUNT ___________ APPLYING IFP ___________ JUDGE ___________ MAG. JUDGE ___________

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-44
Authority For Civil Cover Sheet
The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or
other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United
States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently a civil
cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs - Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government
agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first
the agency and then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff
resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of
filing. (NOTE: In land condemnation cases, the county of residence of the 
defendantis the location of the tract of land involved).
(c) Attorneys. Enter firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment,
noting in this section  attachment)
(see
.
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8 (a), F.R.C.P., which requires that jurisdictions be shown in pleading. Place
an  in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
X
United States plaintiff. (1) Jurisdiction is based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included
here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an
amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or
defendant code takes precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4)This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked,
the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS-44 is to be completed if diversity of citizenship was indicated
above. Mark this section for each principal party.
IV. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause.
V. Nature of Suite. Place an  in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section IV
X
above, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause
fits more than one nature of suit, select the most definitive.
VI. Origin. Place an  in one of the seven boxes.
X
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section
1441. When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the
filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5)For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers
or multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section
1407. When this box is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) check this box for an appeal from a magistrate decision.
s
VII. Requested in Complaint. Class Action. Place an  in this box if you are filing a class action under Rule 23, F.R.Cv.P.
X
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary
injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS-44 is used to reference relating pending cases if any. If there are related pending cases, insert the
docket numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.