Pelsia v. Supreme Offshore Services, Inc. ( 2021 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA RUSTY PELSIA CIVIL ACTION VERSUS NO. 19-12295 SUPREME OFFSHORE SECTION: “B”(1) SERVICES, INC., ET AL. ORDER AND REASONS Before the court are several motions including third- party defendant Expro America, LLC’s motion to compel arbitration (Rec. Doc. 36), defendant and third-party plaintiff Oceaneering International, Inc.’s motion for summary judgment against Expro America, LLC (Rec. Doc. 39), defendant and third- party plaintiff Supreme Service and Specialty Company, Inc.’s motion for summary judgment against Expro America, LLC (Rec. Doc. 46), and Oceaneering International, Inc.’s motion for summary judgment against plaintiff Rusty Pelsia (Rec. Doc. 79). For the reasons discussed below, IT IS ORDERED that Expro America, LLC’s motion to compel arbitration (Rec. Doc. 36) is GRANTED. Third-party plaintiffs Oceaneering International, Inc. and Supreme Service and Specialty Company, Inc. are hereby compelled to arbitrate their claims against third-party defendant Expro Americas, LLC for defense and indemnification. IT IS FURTHER ORDERED that the third-party complaints against Expro Americas, LLC (Rec. Docs. 26, 28) are hereby DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that both motions for summary judgment against third-party defendant Expro Americas, LLC (Rec. Docs. 39, 46) are DISMISSED AS MOOT. IT IS FURTHER ORDERED that the motion for summary judgment against plaintiff Rusty Pelsia (Rec. Doc. 79) is GRANTED. I. FACTS AND PROCEDURAL HISTORY Chevron U.S.A. Inc., a nonparty to this lawsuit, engaged in service contracts with third-party defendant Expro Americas, LLC (“Expro”), defendant and third-party plaintiff Oceaneering International, Inc. (“Oceaneering”), and defendant and third- party plaintiff Supreme Service & Specialty Company, Inc. (“Supreme”) for offshore work in the Gulf of Mexico. (Rec. Docs. 4 at 2, 26 at 2, 28 at 2). Chevron contracted with Expro in December 2009 to conduct well maintenance on one of their wells off the coast of Louisiana.1 (Rec. Docs. 4 at 2, 26 at 3, 28 at 3). Chevron contracted with Supreme in June 2016 to also conduct well maintenance.2 (Rec. Docs. 4 at 2, 26 at 3, 28 at 3). Then, in October 2017, Chevron contracted with Oceaneering to provide the M/V CADE CANDIES and its crew to serve as a tooling station and to facilitate the transport and housing of equipment, tools, supplies, and personnel necessary for operation through a time 1 Master Well Services Contract No. C705669. See Rec. Doc. 36-2 2 Master Contractor Services and Equipment Lease Contract No. CW1456049. See Rec. Doc. 36-4. charter with Otto Candies, LLC.? (Rec. Docs. 4 at 2, 26 at 3, 28 at 3). Expro employed plaintiff Rusty Pelsia as a high-pressure choke technician. (Rec. Doc. 4 at 2). He was aboard the M/V CADE CANDIES in September 2018 when he sustained injuries lifting and passing a 1502 2” Chiksan iron to a Supreme employee above the deck. (Rec. Doc. 4 at 3). A Chicksan iron is a common oilfield tool used to connect various pieces of pipe. PICTURED RIGHT. A similar rae a a □□ Chiksan (gray, u-shaped) that Pa | | ». if Pelsia lifted while aboard the | a .y re M/V CADE CANDIES. Rec. Doc. vA 79-1 at 2. The 1502 2” are 6 NON Chicksan iron weighs ‘4 a I > approximately 52 pounds. Id.