[B]Date Decided[/B]: Feb 10[SUP]th[/SUP], 2011
[B]Decided By[/B]: Texas Southern District Court (Federal)
[B]Court[/B]: United States District Court for the Southern District of Texas
[B]Citation[/B]: 2011 WL 649971
[B]Background[/B]:
Plaintiff Miles Janecka (“Janecka”) was allegedly injuredwhile serving aboard the [I]USNS POMEROY[/I](“the Vessel”), a vessel owned by the United States and operated by the U.S.Military Sealift Command. Janecka brought suit in the United States DistrictCourt for the Southern District of Texas alleging negligence and unseaworthinessunder the Jones Act, the Suits in Admiralty Act, the Public Vessels Act, andthe general maritime law.
Defendant United States of America (“United States”) filedMotion to Transfer Venue. Therein, it alleges that Janecka’s statement of venueis improper because the Vessel was located outside the territorial waters of theUnited States when the suit was filed. It argues pursuant to the Public VesselsAct venue provisions, the suit must be brought in the district where Janeckaresides: the Eastern District of Virginia.
On a Motion to Transfer Venue, the plaintiff bears theburden of sustaining venue, and carries that burden by presenting facts thatestablish venue.
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