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Marine | New York Eastern
~Util - Set Deadlines
ORDER: The Court is in receipt of Plaintiff's letter 50 regarding the parties' discovery disputes discussed in a 6/11/2026 hearing and Plaintiff's letter filed 6/17/2026. See 6/11/2026 Min. Entry & Order; Pl. Letter, ECF 47 . Plaintiff's letter 50 states that counsel considers the issue of whether Plaintiff is entitled to "prospective information of the use of the vessel to show what the employer's intent was for Mr. Ricketts, as a putative seaman, to continue sailing on the vessel but for his injuries" to be unresolved, in light of the Court's order permitting Plaintiff to file a letter providing "legal authority in support of his request." The letter requests a "further [Court] order either agreeing to the Plaintiff's position or determining that its decision of June 12, 2026 remained unchanged."
To the extent that the cases Plaintiff cites in his 6/17/2026 letter discuss the employer's plans for the putative seaman's future use of the vessel with respect to whether the seaman's connection to the vessel was discrete and time limited or would have continued but for his injury, the Court clarifies that Plaintiff is entitled to information responsive to this inquiry from Defendant, subject to Defendant's good-faith objections. Specifically, and as discussed on the record in the 6/11/2026 hearing, Plaintiff is entitled to information about Defendant's plans for Mr. Ricketts' employment had he not been injured, which is relevant both to the question of the substantial connection prong of the seaman status inquiry under Chandris v. Lastis, 515 U.S. 347, 371 (1995) and to Plaintiff's potential damages. See also Fed. R. Evid. 803(3) (explaining that "a statement of a declarant's then-existing state of mind (such as motive, intent, or plan)" is admissible evidence). That said, the Court finds that Plaintiff's cited cases do not support the proposition that Plaintiff is entitled to information regarding Defendant's analogous plans for the future use of the vessel by employees other than Mr. Ricketts, also for the reasons discussed on the record in the 6/11/2026 hearing.
In light of this order, the Court sua sponte extends the parties time to complete supplemental fact discovery to 10/15/2026. The parties are directed to otherwise proceed with discovery in accordance with the schedule set on 6/11/2026. Ordered by Magistrate Judge Taryn A. Merkl on 8/28/2026. (MJM)
| Texas Southern
Attorney Admission Certificate - FORM
Admission Certificate. An electronic version of your Admission Certificate for the Southern District of Texas is attached. If you would also like a paper copy of the certificate, please email Houston-Atty-Adm@txs.uscourts.gov, and one will be mailed to your firm address.Attorney Admissions cases are restricted to case participants. To retrieve your certificate, click the document number link associated with this Notice of Electronic Filing or Docket Entry. You have 15 days from the filed date to view the document for free through the email. After the 15 days, you will have to log in to retrieve your certificate. Be sure to PRINT and/or SAVE the document locally at the initial viewing, filed. (var2)
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