Rafter v. Stevenson

DECISION AND ORDER ON DEFENDANT’S MOTION TO AMEND, PLAINTIFF’S MOTION TO REMAND AND PLAINTIFF’S MOTION FOR ATTORNEY FEES

D. BROCK HORNBY, District Judge.

The issue here is whether a defendant, the owner of a maritime towing and salvage business, has properly removed from state to federal court his former employee’s claim for unpaid wages and unreim bursed expenses. The defendant’s Notice of Removal asserted federal admiralty and maritime jurisdiction. Now, by Motion to Amend, the defendant seeks to add federal question jurisdiction based upon federal law regulating seamen’s wages. The plaintiff…