Gaeta v. Compagnie Maritime Belge (Lloyd Royal) S.A.

OPINION

ROBERT J. WARD, District Judge.

This is a motion by third-party defendant, Bay Ridge Operating Co. Inc. (“Bay Ridge”), for an order pursuant to Rule 12, Fed.R.Civ.P., dismissing this action for lack of subject matter jurisdiction and for an order- pursuant to Rule 56, Fed.R.Civ.P., granting defendant summary judgment. In the alternative, Bay Ridge moves for an order pursuant to Rule 42(b), severing the third-party action. Defendant and third-party plaintiff, Compagnie Maritime Beige (Lloyd Royal) S.A., joins in Bay Ridge’s motion for dismissal based on the lack of subject matter…