Lamontagne

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS FOR LACK OF ADMIRALTY JURISDICTION

I. INTRODUCTION

This action arises from events transpiring aboard the SS MOBILE, a merchant vessel operating between the Philippine Islands and the Republic of China in the South China Sea. Plaintiff Kenneth Lamontagne was at all relevant times the Chief Mate of the craft, defendant Craig its Chief Engineer. The MOBILE was owned by SeaLand Corporation, a Delaware entity with offices, among other places, in Hong Kong. SeaLand’s Far East Regional Manager, one G.H. Whittaker, was stationed at the Hong Kong Office.

As Chief Engineer, Craig was responsible for all fuel oil transfer operations. Craig Decl., Ex. “A” [SeaLand Master’s Policy Manual, TITT 2, 6.] Deck officers, such as the Chief Mate, had no engine department authority, hence no responsibility for such operations. Nonetheless, on several occasions prior to November 3, 1982, Lamontagne did in fact order certain fuel oil transfers, once directing that a partially-depleted deck diesel fuel container be put ashore in Kao, on another voyage deciding not to dump the remainder of the deck tank into the Vessel’s “permanent”…