In the Matter of the Complaint of WITTICH BROS. MARINE, INC. et al v. Estate of Donald Maloney

Filing 30

ORDER; For the reasons stated herein, Petitioner's request that the Court certify its January 9, 2018 Memorandum and Order for interlocutory appeal, pursuant to 28 U.S.C. sec. 1292(b), is granted. This action will be administratively closed pen ding disposition by the Second Circuit of the interlocutory appeal. The parties are directed to notify the Court within thirty (30) days of the Second Circuit's decision on the interlocutory appeal if they seek to reopen this action. (Ordered by Judge Leonard D. Wexler on 1/22/2018.) c/ Appeals Clerk. (Fagan, Linda)

FILED .

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

IN CLERK'S OFFICE
U.S. DISTRICT COURT E.O.N. Y.

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IN THE MATTER OF THE COMPLAINT OF
WITTICH BRQS. MARINE, INC., as Owner and
Operator of the Tug SEA BEAR, for
Exoneration from or Limitation of Liability,

ORDER
CV 15-5210

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JAN 2 2 2018

LONG ISLAND OFFICE

(Wexler, J.)
Petitioner.
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WE){LER, District Judge:
On January 9, 2018, the Court issued a Memorandum and Order (the "Order") granting in
part and denying in part Petitioner's motion for a judgment on the pleadings, pursuant to Rule
12(c) of the Federal Rules of Civil Procedure. Petitioner riow requests reconsideration of that
Order or, in the alternative, for leave to file an interlocutory appeal, pursuant to 28 U.S.C. §
1292(b). Claimant opposes both requests.
Petitioner's request for reconsideration is denied. In its letter motion requesting
reconsideration, Petitioner submits the exact same case law it put before the Court in support of
its underlying motion for a judgment on the pleadings, which the Court cons~dered thoroughly in
rendering its Order. Petitioner is attempting to do exactly what motions for reconsideration
prohibit -. reargue the position already considered and rejected by the Court. While Petitioner
may be unhappy that the Court did not accept its interpretation and application of the case law it
submitted, that is not grounds for reconsideration.
The Court will, however, grant Petitioner's request for a certificate of appealability,
pursuant to 28 U.S.C. § 1292(b). The Court agrees that there does appear to be some confusion
among the various courts as to the interaction between the Jones Act and the general maritime

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law, warranting review and clarification by the Second Circuit.
Accordingly, Petitioner's request that the Court certify its January 9, 2018 Memorandum
and Order for interlocutory appeal, pursuant to 28 U.S.C. § 1292(b), is granted. This action will
be administratively closed pending disposition by the Second Circuit of the interlocutory appeal.
The parties are directed to notify the Court within thirty (30) days of the Second Circuit's
decision on the interlocutory appeal if they seek to reopen this action.

SO ORDERED:
Dated: Central Islip, New York
January 22, 2018

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