Absolute Nevada, LLC v. Grand Majestic Riverboat Company LLC

Background

Absolute Nevada, LLC sued Grand Majestic Riverboat Company LLC. The opinion text includes a January 2020 stipulation and order between those two parties concerning the vessel M/V Americana. Capt. Joseph L. Baer, who described himself as a nonparty to the case, later filed a seaman’s lien and was found in contempt in the court’s September 1, 2020 order.

Baer moved for reconsideration of that contempt ruling. He relied on a May 17, 2021 letter from the U.S. Department of Labor’s Occupational Safety and Health Administration. The letter stated that Absolute Nevada was a commercial vessel owner, that Baer had been employed by Absolute Nevada as a contractor and was an employee under the Seaman’s Protection Act, and that both were covered by that law. The agency nevertheless dismissed Baer’s retaliation complaint as untimely because it was filed more than 180 days after the original alleged adverse action. The letter stated that Baer and Absolute Nevada had 30 days to object and request a hearing before an administrative law judge.

Baer’s arguments

Baer argued that the Labor Department’s findings supported his position that his work was separate from the charter arrangement and the stipulation between Absolute Nevada and Grand Majestic. He also argued that he was not a signatory to the stipulation, that his conduct was protected by the Seaman’s Protection Act, and that he therefore was not in contempt. These were Baer’s arguments in support of reconsideration; the opinion does not state that the court adopted them.

Ruling

The court denied Baer’s motion for reconsideration. The order states that the Secretary of Labor’s findings did not alter the bases for the court’s September 1, 2020 opinion and order finding Baer in contempt. The text provided does not state that the court vacated, reversed, or modified that earlier ruling. It also does not state that the court independently decided the merits of Baer’s Seaman’s Protection Act claim.