Constructive Hands, Inc. v. Baker
Citation | 446 F.Supp.2d 88 |
Decision Date | 08 August 2006 |
Docket Number | No. 1:04-CV-0939 (LEK/RFT).,1:04-CV-0939 (LEK/RFT). |
Parties | CONSTRUCTIVE HANDS, INC. f/k/a David Sior d/b/a Constructive Hands, Plaintiff, v. Tim B. BAKER and Unnamed 40' Ketch, her sails, engine, appurtenances, etc., in rem, Defendants. |
Court | U.S. District Court — Northern District of New York |
Kevin J. Keelan, Office of Kevin J. Keelan, Mamaroneck, NY, for Plaintiff.
James A. Resila, Carter, Conboy Law Firm, Albany, NY, for Defendants.
Federal Courts have original jurisdiction of claims arising under admiralty and maritime jurisdiction.
In its most pertinent part, 28 U.S.C. § 1333 provides that "[t]he district courts shall have original jurisdiction, exclusive of the courts of the States, of: ... [a]ny civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled." . . . Admiralty jurisdiction, in a breach of contract action, arises only when the "subject-matter of the contract is `purely' or `wholly' maritime in nature."
omitted). Furthermore, it should be noted that 28 U.S.C. § 1331 does not provide this Court with a second source of jurisdiction, as admiralty cases do not arise under "federal question" jurisdiction. Id. at *5.
Article III of the United States Constitution extends "judicial power" to three classes of cases: (i) "cases in law and equity, arising under this constitution, the laws of the United States, and treaties," (ii) "cases affecting ambassadors, or other public ministers and consuls," and (iii) "cases of admiralty and maritime jurisdiction." ... "The constitution certainly contemplates these as three distinct classes of cases"; and if they are distinct, the grant of jurisdiction over one of them, does not confer jurisdiction over the other two. The discrimination made between them, in the constitution, is . . . conclusive against their identity.
In re Millenium Seacarriers, Inc., 419 F.3d 83, 101 (2d Cir.2005) (citing and quoting, inter alia, U.S. CONST., art. III; Am. Ins. Co. v. 356 Bales of Cotton, 26 U.S. (1 Pet.) 511, 545-46, 7 L.Ed. 242 (1828); Paduano v. Yamashita, 221 F.2d 615 (2d Cir.1955)).
All maritime contracts are within admiralty jurisdiction. Netherlands Am. Steam Navigation Co. v. Gallagher, 282 F. 171, 176 (2d Cir.1922). And, in considering the nature of a disputed contract, Id. at 175.
Furthermore, in rem jurisdiction in the admiralty context only exists for the enforcement of a maritime lien. See Rainbow Line, Inc. v. M/V Tequila, 480 F.2d 1024, 1027-28 (2d Cir.1973) (citing, inter alia, The Resolute, 168 U.S. 437, 440, 18 S.Ct. 112, 42 L.Ed. 533 (1897); The Rock Island Bridge, 6 Wall. 213, 73 U.S. 213, 215, 18 L.Ed. 753 (1867)). Maritime liens fall within admiralty jurisdiction. 2 AM. JUR. 2D Admiralty §§ 50, 125 (2005) ) (footnotes omitted; emphasis added). Claims for a maritime lien may be maintained both in rem against the vessel, and in personam against the owner. See, generally, American Oil Trading, Inc. v. M/V SAVA, 47 F.Supp.2d 348 (E.D.N.Y. 1999); O'Hara Corp. v. F/V North Star, 212 B.R. 1 (D.Me.1997); Cent. Hudson Gas & Elec. Corp. v. Empresa Naviera Santa, SA, Nos. 90 Civ. 6396(VLB), 91 Civ. 1539(VLB), 1994 WL 130007, at *2 (S.D.N.Y. Apr. 7, 1994) () (citing Belcher Co. v. M/V Maratha Mariner, 724 F.2d 1161, 1163 (5th Cir.1984)). See also THOMAS J. SCHOENBAUM, 1 ADMIRALTY & MARITIME LAW § 3-2, at 61 (2d ed.1994).2 Federal courts have exclusive admiralty jurisdiction in matters concerning in rem actions for the enforcement of maritime liens. See SCHOENBAUM, supra, § 3-2, at 60-61.
The alleged lien in this matter arises out of a contract that relates directly to necessaries, repair and construction work performed on a boat.
The district courts have subject matter jurisdiction in such cases under Article III of the Constitution, implemented by 28 U.S.C. § 1333 and by 46 U.S.C. § 31342, which provides for maritime suits for failure to pay for necessaries to be provided to a vessel.... The Supreme Court has recently made it clear that admiralty jurisdiction embraces all matters relating to use, support or maintenance of navigable vessels.
Robert E. Derecktor, Inc. v. Norkin, 820 F.Supp. 791, 792-93 (S.D.N.Y.1993) (Broderick, D.J.) (emphasis added) (Court held that it had subject matter jurisdiction over case arising out of claim for failure to pay for repairs to vessel, and counterclaim for overcharges) (citing, inter alia, N. Pac. S.S. Co. v. Hall Bros., 249 U.S. 119, 39 S.Ct. 221, 63 L.Ed. 510 (1919); McDermott Int'l v. Wilander, 498 U.S. 337, 111 S.Ct. 807, 112 L.Ed.2d 866 (1991); Exxon Corp. v. Cent. Gulf Lines, 500 U.S. 603, 111 S.Ct. 2071, 114 L.Ed.2d 649 (1991)). See also Compania Argentina De Navegacion Dodero v. Atlas Maritime Corp., 144 F.Supp. 13, 14 (S.D.N.Y.1956) () (citing cases); 2 C.J.S. Admiralty § 48 (2005) () (footnotes omitted).
Rule C(1) of the Supplemental Rules for Admiralty and Maritime Claims of the Federal Rules of Civil Procedure provides, in relevant part: "[a]n action in rem may be brought: (a) To enforce any maritime lien; [or] (b) Whenever a statute of the United States provides for a maritime action in rem or a proceeding analogous thereto." FED.R.CIV. P., SUPP. R. C(1) FOR ADMIRALTY & MARITIME CLAIMS. As this Court has previously discussed, and still holds to be true, if the plaintiff does not contend that a lien exists under federal statute, then "they must establish the existence of a maritime lien to support in rem jurisdiction." Garcia v. M/V Kubbar, 4 F.Supp.2d 99, 103 (N.D.N.Y.1998) (Kahn, D.J.). In doing so, the Court would have to resort to an extensive evaluation under substantive law. Id. However, in the present matter, Plaintiff alleges—albeit without citing the federal statute in the Complaint—all of the elements necessary for a finding of a maritime lien under federal statute. See Verified Complaint (Dkt. No. 1). Plaintiff alleges that it furnished supplies and repairs to Defendant vessel upon the orders of the owner of the vessel, Defendant Baker, for which Defendant Baker did not pay in full, and that Federal jurisdiction exists pursuant to 28 U.S.C. § 1333.3 Id. Federal law provides that:
(a) ... a person providing necessaries to a vessel on the order of the owner or a person authorized by the owner—
(1) has a maritime lien on the vessel;
(2) may bring a civil action in rem to enforce the lien; and
(3) is not required to allege or prove in the action that credit was given to the vessel.
46 U.S.C. § 31342. See also Norkin, 820 F.Supp. at 791; M/V SAVA, 47 F.Supp.2d at 351 ().
This Court, therefore, has jurisdiction pursuant to 28 U.S.C. § 1333 and Rule 9(h) of the Federal Rules of Civil Procedure, as this case concerns claims arising from a maritime contract and maritime lien under maritime and admiralty law. See 28 U.S.C. § 1333(1); FED.R.CIV.P. 9(h); Verified Complaint (Dkt. No. 1) at ¶ 1.
This action involves claims arising from an alleged contract for services to a boat. Plaintiff is claiming to possess a lien. Therefore,
[i]n order to prove a maritime lien under the statute, [Plaintiff] must show (1) that it furnished repairs, supplies or other necessaries, (2) to the vessel, (3) upon the order of the owner of the vessel or a person authorized by the owner under 46 U.S.C. § 31341.... The term "necessaries" includes "repairs, supplies, towage, and the use of a dry dock or marine railway." 46 U.S.C. § 31301(4). Courts have interpreted "necessaries" to include "any goods and services `reasonably needed' in a ship's business for a vessel's continued operation."
GMD Shipyard Corp. v. M/V ANTHEA Y, No. 03 Civ.2748 RWS, 2004 WL 2251670, at *6 (S.D.N.Y. Oct.6, 2004) (Sweet, D.J.) (citations omitted). See also Newport News Shipbuilding and Dry Dock Co. v. S.S. Independence, 872 F.Supp. 262, 266 (E.D.Va.1994) (...
To continue reading
Request your trial-
Am. S.S. Co. v. Hallett Dock Co.
...a breach of contract claim in the maritime context, it recognizes the prevailing state law. See, e.g., Constructive Hands, Inc. v. Baker, 446 F.Supp.2d 88, 93 (N.D.N.Y.2006). While the parties dispute whether Minnesota or Wisconsin law applies, this dispute is immaterial because the element......
-
Zim Am. Integrated Shipping Servs. Co. v. Sportswear Grp., LLC
...2654, 73 L.Ed.2d 300 (1982) ). Admiralty jurisdiction does not depend on where the contract is made, see Constructive Hands, Inc. v. Baker , 446 F. Supp. 2d 88, 90 (N.D.N.Y. 2006), or on the status of the parties, see Outbound Maritime Corp. v. P.T. Indonesian Consortium of Constr. Industri......
-
Muller Boat Works v. Unnamed 52' House Barge
...99, 42 S.Ct. 243, 66 L.Ed. 482 (stating that a contract for repairs or supplies of a vessel is maritime); Constructive Hands, Inc. v. Baker, 446 F.Supp.2d 88, 91-92 (N.D.N.Y.2006). To form a binding contract, the parties must have agreed "on all material terms of a contract and clearly expr......
-
Hays Tug & Launch Servs., Inc. v. Draw Events, LLC
...person who may be liable.’ ") (citing Supp. R. for Admiralty or Mar. Cl. & Asset Forfeiture Actions C(1)(b); Constr. Hands, Inc. v. Baker, 446 F.Supp.2d 88, 90 (N.D.N.Y. 2006) ("Claims for a maritime lien may be maintained both in rem against the vessel, and in personam against the owner.")......