Barsom v. P/V Aquidneck Ferry (O.N. 265223), her engines, tackle, apparel, appurtenances, etc., in rem, Aquidneck Ferry & Charter, Inc. in personam

Filing 28

ORDER adopting 24 Report and Recommendations; denying 17 Motion to Dismiss for Lack of Jurisdiction. So Ordered by Judge William E. Smith on 9/30/13. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
Plaintiff,
)
)
v.
)
)
P/V AQUIDNECK FERRY (O.N. 265223), )
her engines, tackle, apparel,
)
appurtenances, etc., in rem,
)
AQUIDNECK FERRY & CHARTER, INC.,
)
in personam,
)
)
Defendants.
)
___________________________________)
GEORGE BARSOM,

C.A. No. 12-808 S

ORDER
WILLIAM E. SMITH, United States District Judge.
On March 27, 2013, United States Magistrate Judge Lincoln
D. Almond issued a Report and Recommendation (ECF No. 24) in the
above-captioned
Court

deny

a

Jurisdiction
“Ferry”)

matter.
Motion

filed

and

Judge

to

by

Almond

Dismiss

for

Defendants,

Aquidneck

Ferry

&

recommended
Lack

P/V

of

Subject

Aquidneck

Charter,

that

Matter

Ferry

Inc.,

this

(the

pursuant

to

Report

and

Federal Rule of Civil Procedure 12(c) (ECF No. 17).
Defendants

timely

objected

to

Judge

Almond’s

Recommendation on the grounds that Plaintiff did not possess a
preferred ship mortgage with respect to the Ferry, therefore
precluding
This

federal

argument

is

subject
a

red

matter

herring.

jurisdiction
It

is

true

(ECF
that

No.

25).

federal

district

courts

have

only

limited

admiralty

jurisdiction

to

enforce the terms of certain preferred mortgages on vessels.
See 46 U.S.C. § 31325; United Sportfishers v. Buffo, 396 F.
Supp.

310,

311-12

(S.D.

Cal.

1975).

Nevertheless,

as

Judge

Almond notes, Rule D of the Supplemental Rules for Admiralty or
Maritime

Claims

independently

confers

admiralty

jurisdiction

where the plaintiff seeks to recover legal title to a vessel
that has been wrongfully deprived.

See, e.g., Gonzalez-Santini

v. Lucke, Civil No. 13-1375(FAB), 2013 WL 3712343, at *4 (D.P.R.
July 12, 2013); Offshore Express, Inc. v. Bergeron Boats, Inc.,
1978 A.M.C. 1504 (E.D. La. 1977).
Because this Court agrees with Judge Almond’s analysis, it
hereby

accepts

his

U.S.C. § 636(b)(1).

Report

and

Recommendation

pursuant

to

28

Defendant’s Motion to Dismiss for Lack of

Subject Matter Jurisdiction is DENIED.
IT IS SO ORDERED.

/s/ William E. Smith
William E. Smith
United States District Judge
Date: September 30, 2013

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