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Travis J. Westford v. Official Number 623983her Tackle

August 10, 2011

TRAVIS J. WESTFORD, PLAINTIFF,
v.
OFFICIAL NUMBER 623983HER TACKLE, GEAR, APPURTENANCES, APPAREL, EQUIPMENT, PERMITS, LISCENSES, FISHING RIGHTS, DOCKET 1 ETC.,IN REM, DEFENDANT.



The opinion of the court was delivered by: John D. Roberts United States Magistrate Judge

F/V ST. TERESA, ORDER REGARDING SUFFICIENCY OF COMPLAINT

The Plaintiff filed his Verified Complaint In Rem for Personal Injuries, Maintenance and Cure and Unseaworthiness at Docket 1. Therein, Plaintiff claims he suffered injury due to the unseaworhtiness of the Vessel St. Teresa. He does not, however, provide any more than a conclusory statement to support his allegation.*fn1

Plaintiff has requested the Court issue a Warrant for the Arrest of the Defendant Vessel. Prior to the arrest of a vessel, the complaining party must make a prima facie showing of negligence or unseaworthiness. In Ashcroft v. Iqbal, the Supreme Court held that "[a] pleading that offers 'labels and conclusions' or 'a formulaic recitation of the elements of a cause of action will not do.' Nor does a complaint suffice if it tenders 'naked assertion[s]' devoid of 'further factual enhancement.'"*fn2 The Plaintiff here must give the court more than conclusory statements regarding the causation of his injury.

The Plaintiff is ordered to file forthwith an amended Verified Complaint alleging with more specificity, and in compliance with Iqbal, the negligence and/or unseaworthiness that allegedly caused his injury. The Court will not issue the requested Arrest Warrant until the allegations in the Complaint are sufficient to satisfy the cited case precedent.

IT IS SO ORDERED.

John D. ...


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