Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gulf Marine Fabricators, LP v. The ATP Innovator

United States District Court, S.D. Texas, Corpus Christi Division

April 6, 2017

GULF MARINE FABRICATORS, LP, Plaintiff,
v.
THE ATP INNOVATOR, et al, Defendants.

          OPINION AND ORDER DENYING WITHOUT PREJUDICE MOTION TO INTERVENE

          B. JANICE ELLINGTON UNITED STATES MAGISTRATE JUDGE

         ARSC Energy Services Omega LLC (Omega) filed a motion to intervene (D.E.39). After considering the motion, the response, reply, and the evidence, Omega's motion to intervene is DENIED without prejudice.

         BACKGROUND

         In October 2016 Gulf Marine Fabricators, LP (Gulf Marine) filed suit in rem against the ATP Innovator and in personam against the remaining defendants to recover monies due for services to the ATP Innovator at layberth. Gulf Marine obtained a warrant for the arrest of the ATP Innovator and requests its sale.

         Defendants challenged the status of the ATP Innovator as a vessel. The undersigned found that the ATP Innovator is not a vessel and recommended that the motion to vacate the arrest be granted by Memorandum and Recommendation dated December 14, 2016. Gulf Marine objected to the recommendation. Following a hearing before the District Court, a decision on the merits of the motion to vacate has been stayed for at least sixty (60) days so that the parties can conduct jurisdictional discovery (D.E. 55).

         Omega seeks to intervene in rem to protect its recently acquired mortgage secured by the ATP Innovator from Gulf Marine's claims. Omega also seeks to protect its rights under the Louisiana Oil Well Lien Act which derive from a suit filed in the Eastern District of Louisiana, Docket No. 2:13-cv-04985 against ATP Infrastructure Partners, LP. That case was administratively closed in July 2014 pending the resolution of ATP Oil & Gas Corporation's bankruptcy. Omega also filed an adversary suit in the bankruptcy proceedings, Cause No. 4:14-3301, and a separate suit in the District Court of San Patricio County that was removed to the District Court in the Southern District of Texas, Cause No. 2:14-CV-448. The District Court dismissed Cause No. 2:14-CV-448 in April 2015 on first to file grounds in favor of suit in the Eastern District of Louisiana. The Bankruptcy Court similarly dismissed the adversary proceeding in March 2016.

         ANALYSIS

         Gulf Marine did not respond to the motion in intervention. Defendants Amerindo Services Ltd. and Blue Sky Langsta Ltd. oppose Omega's intervention on multiple grounds: 1) the in rem claim is procedurally deficient because it is not verified, 2) Omega has not provided evidence that it is the real party in interest to assert its mortgage, 3) if the ATP Innovator is determined not to be a vessel no preferred maritime mortgage exists, and 4) Omega's Louisiana lien claims against ATP Oil & Gas should not be adjudicated in this proceeding because the facts and law are different and will delay and increase the costs of the current litigation (D.E. 45). After Amerindo and Blue Sky pointed out that Omega's Complaint in Intervention was not verified, Omega cured its procedural defect by filing a proposed verified complaint in intervention (D.E. 46-2) with its reply.

         A. Intervention as of Right

         Rule 24 provides for intervention as set out below:

         (a) Intervention of Right. On timely motion, the court must permit anyone to intervene who:

(1) is given an unconditional right to intervene by a federal statute; or
(2) claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant's ability to protect its interest, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.