[B]Date Decided[/B]: Jul 20th, 2010
[B]Decided By[/B]: U.S.D.C. for the D. of Delaware
[B]Court[/B]: U.S.D.C. for the D. of Delaware
[B]Citation[/B]: In re DELAWARE BAY LAUCH SERVICE, 2010 WL 2898296 (D. Del.)
Plaintiff, a Greek seamen, was injured when he fell into thewater while attempting to board a vessel located off the shore ofDelaware. Plaintiff brought claimsagainst the vessel in rem and related shipping interests under the Jones Actand the General Maritime Law. Allnamed defendants had Greek origins: the vessel sailed under the Greek flag, andother defendants were either Greek Corporations or had their principal place ofbusiness in Greece. Theplaintiff/seaman’s employment contract contained a forum selection and choiceof law clause, naming Greece as the exclusive forum and Greek Law ascontrolling. The defendants fileda motion to dismiss, arguing that the Jones Act and general maritime law wereinapplicable because Greek law governed the action. Defendants requested the Court decline its jurisdiction basedon the doctrine of forum non conveniens and the Supreme Court decision [I]Canada Malting Co. Ltd v. PattersonSteamships, Ltd.[/I], 285 U.S. 413 (1932). Plaintiff brought a Motion to Compel Discovery, arguing thatthe discovery he sought was necessary to respond to the defendant’s motion todismiss.