ORDER
KRISTI K. DuBOSE, CHIEF UNITED STATES DISTRICT JUDGE
This matter is before the Court on Defendant's motion for summary judgment, (Docs. 53, 54), Plaintiff's response (Doc. 56), and Defendant's reply (Docs. 57, 58).
On March 20, 2018, Captain Manjit Sangha (Sangha) filed a complaint, based on general maritime jurisdiction, against Defendants Navig8 and Navig8 Group asserting causes of action for tortious interference with existing contract, defamation, tortious interference with current and prospective relations, and intentional infliction of emotional distress. (Doc. 1). Sangha alleged that Defendants made false, misleading, and defamatory statements regarding his professional competency and responsibility for the October 2015 collision in order to discredit him, obtain the termination of his employment with Marine Consultancy, and destroy his ability to work as a captain and mooring master in the Gulf of Mexico. (Id. ).
On November 15, 2019, Navig8 moved for summary judgment on each claim. (Doc. 54 at 1). Navig8 asserts it did not intend to harm Sangha or interfere in his contractual relationships, Navig8's actions were proper, and Navig8 made no false statements. (Id. ).
Sangha was formerly employed by Defendant Navig8 Ship Management PTE Ltd. ("Navig8") as a ship master aboard the M/V Miss Claudia in the Gulf of Mexico. (Doc. 54-1 at 3, Doc. 56 at 2). Sangha was present and employed by Navig8 when an accident occurred during a ship-to-ship (STS) operation between the M/V Miss Claudia and the M/V Euronike which damaged both ships. (Doc. 54-1 at 3, Doc. 56 at 2). Sangha maintains he was not at fault and he was not the mooring master on the M/V Miss Claudia when the collision occurred. (Doc. 56 at 2).2
Sangha's employment with Navig8 was by "contract-to-contract" and his contract was complete with the M/V Miss Claudia soon after this incident occurred. (Doc. 56-4 at 5 (Dep. Sangha at 14); Doc. 54 at 3 (citing Doc. 56-2 at 4 (Dep. Mirchandani at 50))). Navig8 offered Sangha a contract on a different vessel in its fleet, but Sangha did not take Navig8's offer. (Doc. 54 at 3 (citing Doc. 56-2 at 4 (Dep. Mirchandani at 50)); Doc. 56 at 6). (Doc. 56-4 at 5-6 (Dep. Sangha at 14-15) (Sangha states that he did not get another contract with Navig8 after finishing his contract on the M/V Miss Claudia , but does not deny that he was offered a contract)). In March 2016, Sangha obtained new employment with Marine Consultancy LLC ("Marine Consultancy")3 as a mooring master, tasked with conducting independent mooring operations and supervising STS fuel transfers in the Gulf of Mexico. (Doc. 56 at 3; Doc. 56-4 at 9; Doc. 54-1 at 3). Sangha was assigned as the mooring master for the M/V Songa Pearl. (Doc. 56 at 3; Doc. 54-1 at 3). Thereafter, the M/V Songa Pearl was assigned to conduct STS operations with the M/V Miss Claudia. (Doc. 56-4 at 9; Doc. 56 at 3).4 Navig8 employees/representatives learned of Sangha's assignment and contacted via email his new employer (Captain Schild for Marine Consultancy) with their concerns. (Doc. 54-1 at 4; Doc. 56 at 3).
The email communications between Navig8 representative, Manish Gupta (Gupta) and Marine Consultancy's Capt. Johannes Schild (Schild) are as follows:
SENT: April 9, 2016 6:54 AM
FROM: Manish Gupta
TO: Marine Business Exchange-Capt. Johan Schild
CC: tanker; Miss Claudia; Prashaant Mirchandani
SUBJECT: RE: Miss Claudia // STS with Songa Pearl
IMPORTANCE: High
Good Day Capt. Schild,
It has come to our attention that our fleet ex-Master Capt. Sangha is presently mooring master on board ‘Songa Pearl’ during the upcoming STS operations.
As you all well aware that he was in command during collision incident between Miss Claudia/ Euronike, hence we would not like to have the Songa Pearl manouvering alongside the Miss Claudia with Capt. Sangha in charge directly or indirectly.
If required, present Mooring Master from Miss Claudia can go on the ‘Songa Pearl’ and get her alongside or you can advise any other alternative without Capt. Sangha involvement in these operations.
Look forward to your consideration.
Thanks & Brgds
Capt. Manish Gupta
* * *
SENT: April 9, 2016 18:14
FROM: Johannes Schild
TO: Manish Gupta
CC: tanker < tanker@navig8shipmanagement.com>; MissClaudia < master@missclaudia.amosconnect.com>; Prashaant Mirchandani Prashaant@navig8shipmanagement.com>
SUBJECT: RE: Miss Claudia // STS with Songa Pearl
Dear Capt. Manish Gupta,
We thanks you for your message and apologize for the late response on this Saturday morning.
While we understand your position in this matter, we like to point out that Capt. Sangha has actively participated with and has done in excess of 100 STS bunker operations with our mooring masters in the Gulf of Mexico. All the mooring master involved unanimously agreed that he was "good to go". This year he already has done successfully a number of STS bunker operations on the Songa Pearl as the mooring master/POAC.
However we like to satisfy your preferences as far as possible without any delays to the operations and would suggest the following alternatives.
1) The Claudia is presently steaming to the RV lightering position and will arrive this afternoon. To arrange for a crew boat to have the mooring master from the Miss Claudia to do the operation on the Songa will be difficult at such a short notice. In addition the weather report indicates increasing wind and wave action. The cost for the crew boat will be around $2,500.
2) The master on the Songa Pearl has also actively participated with and has done in excess of 150 STS bunker operations in the Gulf of Mexico. All my mooring masters reported this captain to be also a good candidate for mooring master. This master has agreed to do the operation independently with the Miss Claudia.
3) To perhaps reconsider as Capt Sangha is a very experienced mariner with an impressive resume. Any action from our side to terminate him, will hurt his future career.
We would like to hear from you soonest after review of the above alternatives and like to avoid any delays affecting the bunker operations.
You can reach me on my cell phone 504-650-5000 if needed.
Thanks and regards
Capt. Johannes Schild
Marine Business Exchange, Inc.
* * *
SENT: April 9, 2016 2:25 PM
FROM: Manish Gupta
TO: Capt. Johan Schild
Good Day Capt. Schild,
Thank you for your response. Had we known earlier that Capt. Sangha is under your employment, we would have let our apprehensions known. As far we are aware, he was working ashore until last month hence would not like to comment on his STS experience of 100 bunkerings.
1) To tide over the present situation, as a one off case present Master of Songa Pearl can be considered for approaching independently with Miss Claudia. However, I would suggest that present mooring master on Miss Claudia/ Capt. Sharma monitors this STS as a POAC and this operation be conducted under his guidance, even if cannot be physically transferred due to short notice. Pls confirm.
2) Decision to utilize/terminate services of Capt. Schild is entirely yours. All we wish to state that he should not be used for STS operations involving Miss Claudia any time in future. The collision incident is still under legal/insurance proceedings, hence you will appreciate that our concern is quite valid.
Master/Miss Claudia (RIC)-Pls take note of arrangements for this particular STS.
Thanks & Brgds
Capt. Manish Gupta
* * *
SENT: April 9, 2016 22:03
FROM: Johannes Schild
TO: Manish Gupta
SUBJECT: RE: Miss Claudia // STS with Songa Pearl
Capt Gupta I agree with that and I will instruct the MM on the Claudia to take the role of Poac Thanks
Johann
_____________________
(Doc. 53-1 at 2-4). Schild and Navig8 representative Prashaant Mirchandani's (Mirchandani) also exchanged emails, listed below:
SENT: April 10, 2016 11:02 PM
FROM: Prashaant Mirchandani
TO: ‘info@marinebux.com’
CC: Tanker
SUBJECT: RE: Miss Claudia // STS with Songa Pearl
Hi Johann,
Hope all is well your end. Ref below, we would just like to clarify that since we have an Insurance Claim under process and some Legal Implications ref the incident between Miss Claudia and Euronike, please note that our only objection is for Capt Sangha not to be used while mooring with the Miss Claudia. Rest we have no issues with AT ALL. As you say he is experienced Mariner and you are indeed free and fortunate to have him.
Brgds/Prashaant
* * *
SENT: April 11, 2016 11:18 AM
FROM: Johannes Schild < info@marinebux.com>
TO: Prashaant Mirchandani
CC: tanker
SUBJECT: RE: Miss Claudia // STS with Songa Pearl
Prashaant,
Good to hear from you and thanks for your explanation.
For the time being and not to interrupt the operations I will change the MM's. on the Songa Pearl.
And as always, if I can be of assistance in anyway, I will be available.
Regards,
Johann
_____________________
(Doc. 53-1 at 1).
As set forth in the emails, Navig8 objected to Sangha's service as mooring master and requested a different mooring master be assigned to the M/V Songa Pearl for the upcoming STS operation with the M/V Miss Claudia. (Doc. 54-1 at 4; Doc. 56 at 3). As a result, Sangha was removed from his assignment on the M/V Songa Pearl. Also, Sangha's employment with Marine Consultancy was terminated. (Doc. 56 at 3; Doc. 54-1 at 5).
"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." FED. R....
