Saudi v. Marine Atlantic, Ltd., 011309 FED2, 07-0024-cv

Docket Nº:07-0024-cv
Party Name:SHERIFF SAUDI, CAPTAIN, Plaintiff-Appellant, v. MARINE ATLANTIC, LTD., MONTE CHRISTO SHIPHOLDINGS, LTD., and V SHIPS SWITZERLAND, S.A., f/k/a ACOMARIT SERVICES MARITIMES, S.A. Defendants-Appellees.
Attorney:Appearing for Appellant: Joe Alfred Izen, Jr., Izen & Associates, P.C., Bellaire, TX Appearing for Defendants-Appellees: Thomas Nork, (Kathleen Hopkins Alsina on the brief), Phelps Dunbar, LLP, Houston, TX.
Judge Panel:Present: PIERRE N. LEVAL, ROSEMARY S. POOLER, BARRINGTON D. PARKER, Circuit Judges,
Case Date:January 13, 2009
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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SHERIFF SAUDI, CAPTAIN, Plaintiff-Appellant,

v.

MARINE ATLANTIC, LTD., MONTE CHRISTO SHIPHOLDINGS, LTD., and V SHIPS SWITZERLAND, S.A., f/k/a ACOMARIT SERVICES MARITIMES, S.A. Defendants-Appellees.

No. 07-0024-cv

United States Court of Appeals, Second Circuit

January 13, 2009

UNPUBLISHED OPINION

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO SUMMARY ORDERS FILED AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY THIS COURT'S LOCAL RULE 32.1 AND FEDERAL RULE OF APPELLATE PROCEDURE 32.1. IN A BRIEF OR OTHER PAPER IN WHICH A LITIGANT CITES A SUMMARY ORDER, IN EACH PARAGRAPH IN WHICH A CITATION APPEARS, AT LEAST ONE CITATION MUST EITHER BE TO THE FEDERAL APPENDIX OR BE ACCOMPANIED BY THE NOTATION: "(SUMMARY ORDER)." A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF THAT SUMMARY ORDER TOGETHER WITH THE PAPER IN WHICH THE SUMMARY ORDER IS CITED ON ANY PARTY NOT REPRESENTED BY COUNSEL UNLESS THE SUMMARY ORDER IS AVAILABLE IN AN ELECTRONIC DATABASE WHICH IS PUBLICLY ACCESSIBLE WITHOUT PAYMENT OF FEE (SUCH AS THE DATABASE AVAILABLE AT HTTP://WWW.CA2.USCOURTS.GOV/). IF NO COPY IS SERVED BY REASON OF THE AVAILABILITY OF THE ORDER ON SUCH A DATABASE, THE CITATION MUST INCLUDE REFERENCE TO THAT DATABASE AND THE DOCKET NUMBER OF THE CASE IN WHICH THE ORDER WAS ENTERED.

At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 13th day of January, two thousand and nine.

Appeal from the United States District Court for the Eastern District of New York (Feuerstein, J.).

Appearing for Appellant: Joe Alfred Izen, Jr., Izen & Associates, P.C., Bellaire, TX

Appearing for Defendants-Appellees: Thomas Nork, (Kathleen Hopkins Alsina on the brief), Phelps Dunbar, LLP, Houston, TX.

Present: PIERRE N. LEVAL, ROSEMARY S. POOLER, BARRINGTON D. PARKER, Circuit Judges,

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the judgment of the district court is AFFIRMED.

Captain Sheriff Saudi ("Saudi") appeals from an order and the judgment of the district court, entered on November 29, 2006 and December 12, 2006, that adopted the magistrate judge's report and recommendation and granted the Federal Rule of Civil Procedure 12(b)(2) motions to dismiss for lack of...

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