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Havener v. Gabby G Fisheries Inc.

Injured Fisherman's Jones Act Suit Is Transferred to the District of Massachusetts

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MEMORANDUM & ORDER Plaintiff Chris Havener (“Plaintiff”) commenced this action under the Jones Act, 46 U.S.C. §30104, et seq., against Defendant Gabby G Fisheries Inc. (“Defendant”). (Compl., ECF No. 1.) Currently before the Court is Defendant’s motion to transfer this case to the United States District Court for the District of Massachusetts pursuant to 28 U.S.C. §1404(a) (“Section 1404(a)”). (Mot., ECF No. 22; Def. Br., ECF No. 22-1; Def. Reply, ECF No. 24.) Plaintiff opposes the motion. (Pl. Opp., ECF No. 23.) For the reasons that follow, Defendant’s motion is GRANTED. BACKGROUND Plaintiff, a resident of Maine, was a crew member and seaman on the F/V GABBY G, a commercial fishing vessel owned and operated by Defendant, a New York state corporation. (Compl.

8-9; Farnham Aff., Mot., Ex. 1, ECF No. 22-2, 3.) On or around January 19, 2017, Plaintiff allegedly suffered an injury to his right leg while working on the F/V GABBY G in “navigable waters of the Atlantic Ocean in or about New Bedford, Massachusetts,” and required “open reduction internal fixation surgical intervention.” (Compl.

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