Opinion

Hollies v. Transocean Offshore USA, Inc.

Court
District Court, E.D. Louisiana
Filed
Nov 3, 2020
Cited by
0 cases
Authority
More cited than 22.3%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

RODERICK HOLLIES CIVIL ACTION NO: 19-11592

VERSUS

SECTION: T

TRITON ASSET LEASING GMBH,

TRANSOCEAN OFFSHORE

DEEPWATER DRILLING, INC.,

SPENCER OGDEN, INC., AND 6CATS

INTERNATIONAL, LIMITED

ORDER

Before the Court is a Motion for Summary Judgment1 filed by 6CATS International,

Limited (“6CATS”). Spencer Ogden, Inc. (“Spencer Ogden”) has filed an opposition,2 and

Roderick Hollies (“Plaintiff”) has filed an opposition.3 For the following reasons, the Motion for

Summary Judgment4 is GRANTED.

BACKGROUND

This matter arises out of injuries sustained by Roderick Hollies while working as a

roustabout on the vessel D/S Discoverer India. Hollies initiated this action against Spencer Ogden,

6CATS, Triton Asset Leasing GmbH, and Transocean Offshore Deepwater Drilling, Inc. asserting

claims under the Jones Act and general maritime law. On April 23, 2018, while assisting the marine

crew, Hollies fell while descending a stairway on the vessel. He was initially treated on board

while the vessel returned to Brazil and was taken from the vessel to a hospital in Brazil on April

27, 2018 to receive treatment to stabilize him sufficiently for repatriation to the United States.

1 R. Doc. 72.

2 E. Doc. 75.

3 R. Doc. 76.

4 R. Doc. 72.

Hollies was hired by Spencer Ogden and had worked with Spencer Ogden in the past on

various occasions. When Hollies worked international jobs, Spencer Ogden would refer Hollies to

a separate company, in this case 6CATS, to handle the processing of his earnings. Hollies would

submit his Spencer Ogden timesheet to 6CATS who then generated an invoice back to Spencer

Ogden in the same amount. Once the time sheet is approved and the funds paid by Spencer Ogden

to 6CATS, 6CATS would remit the funds to Hollies for a flat fee. Spencer Ogden and 6CATS

each executed a contract entitled “Terms of Business for the Supply of an Independent Contract,”

which detailed the terms of the agreement between Spencer Ogden and 6CATS.5

6CATS received an “Assignment Schedule for the Supply of an Independent Contractor”

for Hollies.6 In Hollies’ Assignment Schedule, the terms of employment are set out as having been

presented by Spencer Ogden and agreed to by Hollies. The Assignment Schedule details the vessel

assigned to, the start and stop dates, the notice periods for termination (which rights are reserved

only to Transocean and Spencer Ogden) and the rate of pay, all of which were agreed to between

Spencer Ogden and Hollies. When 6CATS received the Assignment Schedule from Spencer

Ogden, 6CATS took the information and inserted it into its Payment Processing Contract form

which was then sent to Hollies for review and execution. Hollies was to then review the

information, ensure its correctness, and provide 6CATS with the authority it needed to work as

Hollies’ agent. Hollies electronically executed the Payment Processing Contract on May 10, 2018.

6CATS has now moved for summary judgment seeking dismissal of Hollies’ claims

against 6CATS contending that 6CATS did not hire or employee Hollies. 6CATS contends that

the summary judgment evidence establishes that 6CATS was only Hollies’ payment processor and

is not a Jones Act employer. Because Hollies did not sign the Payroll Processing Contract until

5 R. Doc. 75-2.

6 R. Doc. 72-4.

May 10, 2018, 17 days after the accident, Hollies contends that there is an issue of fact as to when

the Payroll Processing Contract became effective. Spencer Ogden contends that 6CATS agreed

that 6CATS was Hollies’ employer in the “Terms of Business for the Supply of an Independent

Contract.” Therefore, Spencer Ogden and Hollies contend 6CATS motion for summary judgment

should be denied.

LAW AND ANALYSIS

Summary judgment is proper where “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.”7 When assessing

whether a dispute as to any material fact exists, the court considers “all of the evidence in the

record but refrains from making credibility determinations or weighing the evidence.”8 All

reasonable inferences are drawn in favor of the nonmoving party, but “unsupported allegations or

affidavits setting forth ‘ultimate or conclusory facts and conclusions of law’ are insufficient to

either support or defeat a motion for summary judgment.”9

The Jones Act “create[s] a negligence cause of action for ship personnel against their

employers.”10 A Jones Act claim requires proof of an employment relationship either with the

owner of the vessel or with some other employer who assigns the worker to a task creating a vessel

connection. 11 The employer need not be the owner or the operator of the vessel.12 Independent

contractors may be liable under the Act.13 And a third person who borrows a worker may become

7 Fed. R. Civ. P. 56(a).

8 Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co., 530 F.3d 395, 398–99 (5th Cir. 2008).

9 Galindo v. Precision Am. Corp., 754 F.2d 1212, 1216 (5th Cir. 1985); Little v. Liquid Air Corp., 37 F.3d 1069,

1075 (5th Cir. 1994).

10 Johnson v. GlobalSantaFe Offshore Servs., Inc., 799 F.3d 317, 324 (5th Cir.2015) (citing Withhart v. Otto

Candies, L.L.C., 431 F.3d 840, 843 (5th Cir.2005); see also 46 U.S.C. § 30104).

11 See Guidry v. S. La. Contractors, Inc., 614 F.2d 447, 452 (5th Cir.1980) (citing Spinks v. Chevron Oil Co., 507

F.2d 216, 224 (5th Cir. 1975)).

12 Id. (citing Barrios v. Louisiana Construction Materials Co., 465 F.2d 1157 (5th Cir. 1972)).

13 Id.

his employer if the borrowing employer assumes enough control over the worker.14 However, even

if a seaman is deemed to be a borrowed servant of one employer, this does not automatically mean

that he ceases to be his immediate employer's servant for Jones Act purposes.15

In this case, there is no summary judgment evidence establishing the factors that would

support a finding of an employment relationship. There is no evidence that 6CATS had the right

to direct Hollies’ work or control the details of Hollies’ work.16 Additionally, there is no evidence

that 6CATS hired or had the right to fire Hollies.17 There is no evidence that 6CATS controlled

the vessel or had any relationship with the vessel.18 Indeed, the summary judgment evidence

supports that 6CATS had no right to direct Hollies’ work, to fire Hollies, or had any relationship

with the vessel.19

Hollies testified that Spencer Ogden set his daily rate of pay, recruited him for the job,

provided him with employment documents, sent him to undergo pre-hire physical examinations

for the job, and told him where to report for work.20 Hollies further testified that he had no contact

with 6CATS, no interaction with 6CATS while working on the vessel, and did not report to anyone

from 6CATS regarding his employment.21 6CATS did not provide Hollies with any training and

any direction as to how to perform his job. 22

Hollies and Spencer Ogden point to contractual provisions in support of their position that

there are undisputed material facts regarding whether 6CATS agreed to be Hollies’ employer.

However, after reviewing the “Terms of Business for the Supply of an Independent Contract,” the

14 Id. (citing Ruiz v. Shell Oil Co., 413 F.2d 310 (5th Cir. 1969)).

15 Id. (citing Spinks v. Chevron Oil Co., 507 F.2d 216, 224 (5th Cir. 1975))..

16 United States v. W.M. Webb, Inc., 397 U.S. 179, 192, 90 S.Ct. 850, 25 L.Ed.2d 207 (1970).

17 Id.

18 Gaudet v. Exxon Corp., 562 F.2d 351, 355 (5th Cir.1977).

19 R. Doc. 72-3.

20 R. Doc. 72-15, pp.167-168.

21 R. Doc. 72-15, p. 171.

22 R. Doc. 72-15, p. 171.

Court finds that the provisions do not give rise to any dispute of material facts regarding the

relationship between 6CATS and Hollies. The “Terms of Business for the Supply of an

Independent Contract” provides that Spencer Ogden was hiring 6CATS as an independent

contractor.”? It does not provide that 6CATS agreed to become Hollies’ employer or that Spencer

Ogden was transferring obligations of employment to 6CATS. Additionally, the Payroll

Processing Contract signed by Hollies specifically states that it is “a Contract for payment

processing services and under no circumstances should it be interpreted as a contract of

employment.””4 Therefore, the Court finds that the contracts governing the relationships in this

case further establish that the parties did not intend for 6CATS to be Hollies’ employer.

CONCLUSION

Accordingly, IT IS ORDERED that the Motion for Summary Judgment” filed by 6CATS

International, Limited is GRANTED, and the claims of Roderick Hollies against 6CATS

International, Limited are DISMISSED WITH PREJUDICE.

New Orleans, Louisiana, on this 3"! day of November, 2020.

\ ‘

UNITED STATES DISTRICT JUDGE

23R. Doc. 75-2, Section 2.1.

Doe. 72-5.

Doc. 72.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.