Allen v. Norwegian Cruise Line Holdings, Ltd et al

Filing 63

Opinion and Order. Defendant NCL America's Motion to Dismiss Plaintiff's Jones Act Negligence and Unseaworthiness Claims in Third Amended Complaint (Related doc # 52 ) is granted and dismisses them with prejudice. Judge Christopher A. Boyko on 10/3/2017. (H,CM)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

MARVIN ALLEN,
Plaintiff,
Vs.
NCL AMERICA, LLC., ET AL.,
Defendant.

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CASE NO.1:15CV2090
JUDGE CHRISTOPHER A. BOYKO

OPINION AND ORDER

CHRISTOPHER A. BOYKO, J:
This matter comes before the Court upon Defendant NCL America LLC’s unopposed
Motion (ECF DKT No. 52) to Dismiss Plaintiff’s Third Amended Complaint. For the following
reasons, the Court GRANTS Defendant’s Motion to Dismiss.
On March 1, 2017, the Court granted NCL’s Motion to Dismiss Counts I and II of
Plaintiff’s Second Amended Complaint dismissing Plaintiff’s Jones Act Negligence and
Unseaworthiness claims. On July 10, 2017, Plaintiff filed his Third Amended Complaint refiling
his prior claims and including a fourth claim for failure to pay disability payments against newly
named Defendants Cigna Corporation and Life Insurance Company of North America.
NCL moves to dismiss with prejudice Plaintiff’s Jones Act Negligence and
Unseaworthiness claims for the same reasons as stated in its previously filed Motion to Dismiss.
According to NCL, Plaintiff’s Third Amended Complaint alleges the exact same facts and claims
against NCL as recited in its Second Amended Complaint which the Court found insufficient to
state Jones Act Negligence and Unseaworthiness claims. Plaintiff does not oppose the Motion.
Upon review, the Court finds Plaintiff’s Third Amended Complaint alleges the exact

same facts and claims at Counts I and II as his Second Amended Complaint. Therefore, because
Plaintiff’s Jones Act Negligence and Unseaworthiness claims are plead exactly as they were in
his Second Amended Complaint, the Court holds, for the reasons fully stated in its March 1,
2017 Opinion and Order, that these same claims fail to state a claim upon which relief may be
granted and dismisses them with prejudice.
IT IS SO ORDERED.

s/ Christopher A. Boyko
CHRISTOPHER A. BOYKO
United States District Judge
Dated: October 3, 2017