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15-5210 - In the Matter of the Complaint of WITTICH BROS. MARINE, INC. et al v. Estate of Donald Maloney


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15-5210 - In the Matter of the Complaint of WITTICH BROS. MARINE, INC. et al v. Estate of Donald Maloney
January 9, 2018
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MEMORANDUM AND ORDER granting in part and denying in part 15 Motion to Dismiss. For the reasons stated herein, Petitioner's motion for a judgment on the pleadings is granted in part and denied in part. Specifically, Petitioner's motion is granted with respect to the claims brought pursuant to the Jones Act and those claims are dismissed, with prejudice. With respect to the claim for unseaworthiness, brought pursuant to the general maritime law, Petitioner'smotion is denied. The parties are directed to contact the assigned Magistrate Judge to begin discovery on the remaining claim. (Ordered by Judge Leonard D. Wexler on 1/09/2018.) (Fagan, Linda)
January 22, 2018
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ORDER; For the reasons stated herein, Petitioner's request that the Court certify its January 9, 2018 Memorandum and Order for interlocutory appeal, pursuant to 28 U.S.C. sec. 1292(b), is granted. This action will be administratively closed pending disposition by the Second Circuit of the interlocutory appeal. The parties are directed to notify the Court within thirty (30) days of the Second Circuit's decision on the interlocutory appeal if they seek to reopen this action. (Ordered by Judge Leonard D. Wexler on 1/22/2018.) c/ Appeals Clerk. (Fagan, Linda)