Case 2:21-cv-00168-JTM-DMD Document 1 Filed 01/26/21 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA RONALD J. CAMUS ) CIVIL ACTION NO.: ) ) Plaintiff ) DISTRICT JUDGE: v. ) ) MARQUETTE TRANSPORTATION ) MAG. JUDGE: COMPANY, LLC ) ) ) SECTION: Defendant ) COMPLAINT The complaint of Ronald J. Camus (“Camus”), a person of the full age of majority and a citizen of and domiciled in the State of Louisiana, with respect avers: JURISDICTION 1. This action is brought pursuant to the Seamen’s Protection Act (“SPA”), 46 U.S.C. § 2114 et seq. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1331. 2. The SPA provides a complainant the opportunity to “kick out” a complaint from Department of Labor proceedings to the District Court when 210 have elapsed from the filing of an SPA complaint, and the Secretary of Labor has not issued a final decision. 46 U.S.C. § 2114(b); 49 U.S.C. § 31105. 3. Plaintiff Camus filed a complaint for wrongful termination in violation of the SPA against the defendant Marquette Transportation Company, LLC, on May 3, 2019. More than 210 days have elapsed since the filing of that complaint. The Secretary of Labor has not issued a final order, therefore this matter is properly before the District Court. 29 C.F.R. §1986.114. 1 Case 2:21-cv-00168-JTM-DMD Document 1 Filed 01/26/21 Page 2 of 7 VENUE 4. Venue is proper for this Court under 28 U.S.C. § 1391(b)(2) because a substantial part of the events or omissions giving rise to the claim occurred in the Eastern District of Louisiana, and more particularly in Lafourche Parish, where the plaintiff was a resident at all times during his employment, and the Defendant regularly transacts business in this District. PARTIES 5. The plaintiff is Ronald J. Camus (“Camus”) who is a person of full age of majority and resident of Lafourche Parish, Louisiana, who was at all relevant times a Seaman under federal maritime law. 6. Made defendant herein is Marquette Transportation Company, LLC (“Marquette Transportation”), a Delaware company doing business in Louisiana and authorized to transact business in the state of Louisiana and Eastern District Louisiana, with its domiciliary office in Wilmington, Delaware, and headquarters in Paducah, Kentucky. STATEMENT OF FACTS 7. Mr. Camus was hired by Marquette Transportation in October 2018 as a permanent employee in the position of Relief Chief Engineer. During his first trip, Mr. Camus was made permanent Chief Engineer aboard the M/V CHRISTOPHER MYSKOWSKI by Port Engineer Rick Willis, immediately following the termination of the prior engineer Greg Leathers. 8. After two trips aboard the M/V CHRISTOPHER MYSKOSKI, Mr. Camus recognized a wide array of dangerous conditions aboard the vessel, and in early 2019 he alerted Marquette Transportation’ Port Engineer Rick Willis to the existence of certain issues aboard the vessel. 9. The disclosure of defects aboard the vessel by Mr. Camus were made through the 2 Case 2:21-cv-00168-JTM-DMD Document 1 Filed 01/26/21 Page 3 of 7 chain of command, which started at Mr. Camus’ immediate superior, Capt. Jason Keesee, and then to Rick Willis, the Port Engineer. The disclosure of defects caused conflicts between the Operations and Engineering departments of Marquette Transportation, who were in conflict over whether the vessel should remain in commerce or be docked for repairs. 10. In late January or early February 2019, safety personnel from Marquette Transportation visited to the M/V CHRISTOPHER MYSKOSKI and told Mr. Camus they wanted to have the vessel inspected by the U.S. Coast Guard to receive a Certificate of Inspection (“COI”). Mr. Camus disclosed to the Safety Personnel from Marquette Transportation that the vessel has fifteen years of delayed maintenance, that the vessel had a likelihood of failing a Coast Guard COI inspection, and that he had an obligation to disclose to the Coast Guard issues he was aware of during an inspection. 11. As a result of the meeting with safety personnel from Marquette Transportation in late January or early February 2019, Mr. Camus and Capt. Jason Keesee, were called to Marquette’s headquarters to meet about the condition of the M/V CHRISTOPHER MYSKOSKI. At the time of this meeting, Mr. Camus had been aboard the vessel for two trips. 12. On February 26, 2019, a meeting occurred in Paducah, Kentucky, between Mr. Camus, Capt. Keesee, and several senior officials with Marquette Transportation, including Jerry Jarrett, Steve Bryan, Paul Dutton, Josh Esper, John Hazel, Dusty Lewis and Ben Wyatt. During that meeting, the condition of the M/V CHRISTOPHER MYSKOSKI was discussed at length. Mr. Jarrett, the Vice President of Engineering for Marquette Transportation, suggested Mr. Camus was exaggerating about the severity of the conditions aboard the vessel. In response, Mr. Camus produced photographs and video demonstrating the conditions he described. In particular, Mr. Camus showed a video of the engine room of a steering fluid leak caused by structural integrity 3 Case 2:21-cv-00168-JTM-DMD Document 1 Filed 01/26/21 Page 4 of 7 which can be seen in the video by whole tank to move continuously, causing the leaks. 13. During and prior to the meeting on February 26, 2019, Mr. Camus specifically disclosed information to Marquette Transportation relating to the steering, where structural piping and other parts were loose creating a critical safety problem; environmental issues including the rudder room and engine room, where holes were drilled into a floor plate allowing hydraulic fluid to leak into the ballast where it would be dumped into the river; structural and watertight integrity defects in the vessel, including cracked welds and holes in the vessel; and main power room issues, including improper modifications to the steering and holes in the wall preventing the CO2 system from working. 14. During the meeting on February 26, 2019, Mr. Camus advised the Marquette Transportation senior officials present that when the vessel is inspected by the Coast Guard, he would disclose these defects to the U.S. Coast Guard, consistent with his obligations. Mr. Camus emphasized that he would not lie to the Coast Guard for Marquette Transportation, and he took an oath as a mariner to be truthful. 15. During the meeting on February 26, 2019, Jerry Jarrett, the Vice President of Engineering for Marquette Transportation, told Mr. Camus he would provide 180 days to turn around the vessel in sufficient condition to pass the COI inspection. 16. After the February 26, 2019 meeting, the M/V CHRISTOPHER MYSKOSKI was already in the shipyard due to a structural problem, which was allowing the river water to enter the starboard gear oil tank to the draft height of the water outside. This structural problem was immediately reported to shoreside. Although Marquette Transportation assured Mr. Camus they would send another crew member to help make repairs, another crew member was sent to work on the vessel only a few days before Mr. Camus’ termination. Within the next two months, Mr. Camus 4 Case 2:21-cv-00168-JTM-DMD Document 1 Filed 01/26/21 Page 5 of 7 was fired for alleged violation of policies. Count 1: Wrongful Termination under the SPA 17. The Seamen’s Protection Act, 46 U.S.C. § 2114, provides that “[a] person may not discharge or in any manner discriminate against a seaman because” “the seaman in good faith has reported or is about to report to the Coast Guard or other appropriate Federal agency or department that the seaman believes that a violation of a maritime safety law or regulation prescribed under that law or regulation has occurred.” 46 U.S.C. § 2114(a)(1)(A). 18. Prior to and during the February 26, 2019 meeting with Marquette Transportation, Mr. Camus disclosed information relating to violations of maritime safety laws and regulations, including those set forth in paragraph 13, above. 19. During the February 26, 2019 meeting with Marquette Transportation, Mr. Camus expressly advised he intended to disclose to the U.S. Coast Guard the existence of the violations of maritime safety laws and regulations aboard the M/V CHRISTOPHER MYSKOSKI during the planned COI inspection. Further, Mr. Camus informed Marquette Transportation that he would not lie, would not hide anything from the Coast Guard for the Marquette Transportation. 20. Because Mr. Camus could not be counted on to deflect or otherwise conceal the violations of maritime safety laws and regulations aboard the M/V CHRISTOPHER MYSKOSKI during the next COI inspection, Marquette Transportation understood they had to get rid of him. As a result, Mr. Camus was terminated under a pretextual basis on April 30, 2019. 21. During his time at Marquette Transportation, Mr. Camus received no complaints and had the highest confidence of his commanding officer, Capt. Keesee. Further, during his employment Mr. Camus performed his work at a high level. 22. Mr. Camus’ termination is a discharge in violation of the SPA because he was about 5 Case 2:21-cv-00168-JTM-DMD Document 1 Filed 01/26/21 Page 6 of 7 to report to the Coast Guard, in good faith, violations of maritime safety law or regulations occurring aboard the M/V CHRISTOPHER MYSKOSKI. 23. As a result of his wrongful termination, Mr. Camus was out of work for approximately 15 months, from April 30, 2019, until October 2, 2020. Although Mr. Camus was highly employable prior to his termination, he encountered great difficulty in even receiving an interview due to negative reviews from Marquette Transportation. As a further result of his wrongful termination, Mr. Camus sustained loss wages, emotional distress, pain and suffering, loss of reputation, and mental anguish. 24. Due to his wrongful discharge, Mr. Camus is entitled to back pay with interest, compensatory damages for the loss of fringe benefits, front pay (wages in lieu of reinstatement), compensation for his emotional distress, pain and suffering, loss of reputation, and mental anguish resulting from Marquette Transportation’s adverse employment action, and punitive damages at the statutory maximum of $250,000.00, for Marquette Transportation’s callous indifference to a seaman’s rights. 25. Plaintiff prays for a trial by jury on all issues so triable. WHEREFORE, plaintiff, RONALD J. CAMUS, prays that the defendant MARQUETTE TRANSPORTATION COMPANY, LLC be duly cited and served with a copy of this Complaint and that after due proceedings are had that there be judgment rendered in favor of plaintiff RONALD J. CAMUS and against the defendant MARQUETTE TRANSPORTATION COMPANY, LLC in an amount sufficient to adequately compensate him for his damages, together with legal interest from date of judicial demand until paid, for all costs of these proceedings and for all general and equitable relief. 6 Case 2:21-cv-00168-JTM-DMD Document 1 Filed 01/26/21 Page 7 of 7 Respectfully Submitted, BRUNO AND BRUNO, LLP /s/ Daniel A. Meyer Joseph M. Bruno (La. Bar No. 3604) Daniel A. Meyer (La. Bar No. 33278) 855 Baronne Street New Orleans, Louisiana 70113 Telephone: (504) 525-1335 Facsimile: (504) 561-6775 jbruno@brunobrunolaw.com dmeyer@brunobrunolaw.com Counsel for Ronald J. Camus 7
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