St. Clair v. Johnny's Oyster & Shrimp, Inc., Civ.A. G-99-594.
| Decision Date | 17 December 1999 |
| Docket Number | No. Civ.A. G-99-594.,Civ.A. G-99-594. |
| Court | U.S. District Court — Southern District of Texas |
| Parties | Teddy ST. CLAIR, Plaintiff, v. JOHNNY'S OYSTER & SHRIMP, INC., Defendant. |
Kenneth Ross Citti, Citti & Crinion, Houston, TX, for Ross Citti, mediator.
Paul G. Ash, Jr, Attorney at Law, Galveston, TX, David Alan Slaughter, Attorney at Law, Houston, TX, for Teddy St. Clair, plaintiff.
James Richard Watkins, Royston Rayzor et al, Galveston, TX, Marc H. Schneider, Waldron Schneider et al, Houston, TX, for Johnny's Oyster & Shrimp, Inc., defendant.
James Richard Watkins, Royston Rayzor et al, Galveston, TX, Marc H. Schneider, Waldron Schneider et al, Houston, TX, for Shrimps R US, Inc., defendant.
ORDER DENYING DEFENDANT'S MOTION TO DISMISS
Plaintiff St. Clair brings claims for personal injuries allegedly sustained while employed as a seaman for Defendant Johnny's Oyster & Shrimp, Inc. aboard the vessel CAPT. LE'BRADO. Now before the Court is Defendant's Motion to Dismiss. For the reasons stated below, Defendant's Motion is conditionally DENIED for the time being.
The Federal Rules of Civil Procedure authorize a court, upon suitable showing, to dismiss any action or any claim within an action for failure to state a claim upon which relief can be granted. See FED. R.CIV.P. 12(b)(6). When considering a motion to dismiss, the Court accepts as true all well-pleaded allegations in the complaint, and views them in a light most favorable to the plaintiff. See Malina v. Gonzales, 994 F.2d 1121, 1125 (5th Cir. 1993). Unlike a motion for summary judgment, a motion to dismiss should be granted only when it appears without a doubt that the plaintiff can prove no set of facts in support of her claims that would entitle her to relief. See Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957); Tuchman v. DSC Communications Corp., 14 F.3d 1061, 1067 (5th Cir. 1994).
The basis for Defendant's Motion to Dismiss surrounds the ownership of CAPT. LE'BRADO at the time of Plaintiff's accident, which occurred on August 26, 1999. Defendant alleges that it Def.'s Am. Mot. to Dismiss at 1. Defendant notes that on July 1, 1999, ownership was transferred to Oysters R Us, Inc., and on August 1, 1999, Oysters R Us, Inc. transferred ownership of the vessel to Shrimps R Us, Inc. Therefore, because Defendant is not the owner of the vessel, it seeks dismissal under FED. R.Civ.P. 12(b)(6). Plaintiff responds that he has discovered "evidence"—taken off the Worldwide Web on December 1, 1999 — revealing that Defendant does "in fact" own CAPT. LE'BRADO. See Pl.'s Resp. to Def.'s Am. Mot. to Dismiss Ex. A at 1-2 ().
Plaintiff's electronic "evidence" is totally insufficient to withstand Defendant's Motion to Dismiss. While some look to the Internet as an innovative vehicle for communication, the Court continues to warily and wearily view it largely as one large catalyst for rumor, innuendo, and misinformation. So as to not mince words, the Court reiterates that this so-called Web provides no way of verifying the authenticity...
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