Scurlock

This action was commenced in the Superior Court of the State of California, in and for the City and County of San Francisco, by plaintiff, a longshoreman, against the defendant American President Lines, Ltd., as shipowner, and others, seeking damages for personal injuries allegedly sustained on board the S.S. President Hoover while the vessel was in berth at the Oakland Army Base in San Francisco Bay.

The complaint asserts two claims for relief: (a) for breach of the implied maritime warranty of seaworthiness of the vessel, claimed to have been the proximate cause of plaintiff’s injuries; and (b) for an alleged tort of a maritime nature, namely, negligence, also claimed to have been a proximate cause of plaintiff’s injuries. The matter in controversy exceeds the sum or value of $3,000. Plaintiff is a citizen of California, and the defendant is a Delaware corporation.

The action was timely removed to the admiralty side of this Court by the defendant American President Lines, Ltd. The petition for removal stated, inter alia, that the defendant was “the sole remaining defendant,” and that diversity of citizenship existed between plaintiff and defendant.

Plaintiff has moved to…