Martin v. Fab-Con, Inc.

ORDER AND REASONS

SARAH S. VANCE, District Judge.

I. INTRODUCTION

Defendants Equipment Co., LLC and CCR, LLC move the Court to dismiss this case for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1).1 Defendants argue that the Court lacks jurisdiction over this matter *644because the barge upon which plaintiff was working when he was injured is not a “vessel.” As is explained more fully below, the Court treats this motion as a motion for summary judgment because the issue of whether the barge is a vessel is intertwined with the merits of the case. Because the…