Andrews v. ARAMARK Corporation et al

Filing 22

MEMORANDUM AND ORDER GRANTED 18 Opposed MOTION to Remand (Signed by Judge Nancy F. Atlas) Parties notified.(sashabranner, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION

CRUZ ANDREWS,
Plaintiff,
v.
ARAMARK U.S. OFFSHORE
SERVICES, LLC,
Defendant.

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CIVIL ACTION NO. H-13-2681

MEMORANDUM AND ORDER
This case is before the Court on the Motion to Remand [Doc. # 18] filed by
Plaintiff Cruz Andrews, to which Defendant Aramark U.S. Offshore Services, LLC1
(“Aramark”) filed a Response [Doc. # 20]. Plaintiff neither filed a reply nor requested
an extension of time to do so. Pursuant to 28 U.S.C. § 1441(c)(2), the Motion to
Remand is granted as to the Jones Act claim and denied as to the general maritime
claim for maintenance and cure.
Plaintiff filed this lawsuit in Texas state court alleging that he was injured while
working for Aramark on a vessel owned by Transocean Drilling (U.S.A.) Inc.
Plaintiff asserted a Jones act claim, that is non-removable. See 46 U.S.C. § 30104

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By Order [Doc. # 19] entered November 26, 2013, the Court granted Plaintiff’s
unopposed Motion to Dismiss all other Defendants.

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(permitting seaman to pursue Federal Employers’ Liability Act (“FELA”) claim
against employer); 28 U.S.C. § 1445(a) (prohibiting removal of FELA claims).
Plaintiff also asserted a general maritime claim against his employer for maintenance
and cure. Defendants removed the case to federal court based on federal question
jurisdiction, and Plaintiff moved to remand.
If a civil action include a federal claim (such as Plaintiff’s general maritime
claim for maintenance and cure) and claim that is non-removable by statute (such as
Plaintiff’s Jones Act claim), “the entire action may be removed if the action would be
removable without the inclusion of the [Jones Act] claim . . ..” See 28 U.S.C.
§ 1441(c)(1). Upon removal, “the district court shall sever from the action” the nonremovable claim and remand them to state court. See 28 U.S.C. § 1441(c)(2)
(emphasis added). Accordingly, the Court will sever the Jones Act claim and remand
it to state court, and will retain the general maritime claim for maintenance and cure.
It is, therefore, hereby
ORDERED that the Motion to Remand [Doc. # 18] is GRANTED as to the
Jones Act claim and DENIED as to the general maritime claim for maintenance and
cure. It is further
ORDERED that the Jones Act claim is SEVERED AND REMANDED to the
334th Judicial District Court on Harris County, Texas.

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SIGNED at Houston, Texas, this 3rd day of January, 2014.

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