[B]Date Decided[/B]: Aug 19th, 2010
[B]Decided By[/B]: Texas Southern District Court (Federal)
[B]Court[/B]: U.S.D.C. S.D. of Texas
[B]Citation[/B]: In re ECKSTEIN MARINE SERVICE, LLC., 2010 WL 3303640 (S.D. TX 2010)
[B]Background[/B]:
Lorne Jackson worked as a seaman for MarquetteTransportation Co. (Marquette). Shesuffered injuries on February 28, 2009 while working aboard Marquette’s tug theST. ANDREW. Jackson filed his originalpetition on March 17, 2009. Thispetition was served on April 28, 2009 and filed an answer on June 10,2009. As a result of the pending litigationwith Jackson, Marquette filed a limitation of liability proceeding on January18, 2010. Jackson filed a motion todismiss the limitation proceeding alleging that Marquette failed to file itslimitation proceeding within six months as required by the Limitation Act. In response, Marquette contends that in amotion to dismiss a court cannot consider extrinsic evidence without convertingthe motion to dismiss into a motion for summary judgment. Without doing so, Marquette contends there isinsufficient evidence to grant the motion to dismiss and if the court doesconvert the motion there remain genuine issues of material fact. Read More…