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Author Topic: OIL & GAS PIPELINE INFO  (Read 554560 times)
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Kermit
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« Reply #1340 on: December 14, 2012, 05:02:25 PM »

With the outclick does that mean this person is a member at BFN??
Domain Name       ctanet.aw ? (Aruba)
IP Address       201.229.52.# (SETAR-CABLE-TV)
ISP       Setarnet
Location       
Continent    :    South America
Country    :    Aruba  (Facts)
City    :    Santa Cruz
Lat/Long    :    12.5, -69.9667 (Map)
Language       English (U.S.)
en-us
Operating System       Microsoft WinXP
Browser       Firefox
Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.0.13) Gecko/2009073022 Firefox/3.0.13 (.NET CLR 3.5.30729)
Javascript       version 1.5
Monitor       
Resolution    :    1024 x 768
Color Depth    :    32 bits
Time of Visit       Aug 31 2009 6:51:30 pm
Last Page View       Aug 31 2009 6:59:34 pm
Visit Length       8 minutes 4 seconds
Page Views       2
Referring URL   
http://scaredmonkeys...b97d88ebb2b0ae3d5be&
Visit Entry Page       http://scaredmonkeys.../index.php?board=1.0
Visit Exit Page       http://scaredmonkeys...dex.php?topic=4578.0
Out Click       Rumours of Venezuelan Invasion of Netherlands Antilles
http://blogsfornatal....msg265993#msg265993

Time Zone       UTC-5:00
Visitor's Time       Aug 31 2009 6:51:30 pm
Visit Number       19,142,089
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Kermit
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« Reply #1341 on: December 14, 2012, 05:04:11 PM »

Look at the referring URL..Could it be Trappenberg himself?

Domain Name       ctanet.aw ? (Aruba)
IP Address       201.229.53.#
(SETAR-CABLE-TV)
ISP       Setarnet
Location       
Continent    :    South America
Country    :    Aruba  (Facts)
City    :    Oranjestad
Lat/Long    :    12.5167, -70.0333 (Map)
Language       English (U.S.)
en-us
Operating System       Microsoft WinNT
Browser       Internet Explorer 7.0
Mozilla/4.0 (compatible; MSIE 7.0; Windows NT 6.0; GTB6; SLCC1; .NET CLR 2.0.50727; Media Center PC 5.0; .NET CLR 3.5.30729; .NET CLR 3.0.30618)
Javascript       version 1.3
Monitor       
Resolution    :    1440 x 900
Color Depth    :    32 bits
Time of Visit       Aug 30 2009 6:20:25 pm
Last Page View       Aug 30 2009 6:20:25 pm
Visit Length       0 seconds
Page Views       1
Referring URL   
http://www.facebook....acle %26 trappenberg

Search Engine   
facebook.com
Search Words   
lacle & trappenberg
Visit Entry Page       http://scaredmonkeys...x.php?topic=2886.200
Visit Exit Page       http://scaredmonkeys...x.php?topic=2886.200
Out Click       
Time Zone       UTC-5:00
Visitor's Time       Aug 30 2009 6:20:25 pm
Visit Number       19,130,506











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Kermit
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« Reply #1342 on: December 14, 2012, 05:05:50 PM »

Newfield Exploration
Bruno Maldonado
bmaldonado@newfld.com
Houston, Texas
--
Undersea Contractor Comes In While The Water's Fine
 
Superior Offshore International
Lafayette, La.

Superior also has been equipping itself for deeper waters by buying three remote-operated vehicles. These robotic devices can work in depths greater than 1,000 feet, which are too dangerous for human divers.

The firm currently has relationships with about 150 customers with Newfield Exploration NFX NFX
http://www.thefreelibrary.com/Undersea+Contractor+Comes+In+While+The+Water's+Fine-a01611419593
 
http://scaredmonkeys.net/index.php?topic=4838.msg818319#msg818319
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Keepthefaith
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« Reply #1343 on: December 15, 2012, 03:05:19 AM »

As I've been out of the loop for a while, this might have been posted long ago.



http://www.businessweek.com/news/2011-08-26/superior-offshore-ex-managers-looted-company-committee-says.html

Bloomberg News
Superior Offshore Ex-Managers Looted Company, Committee Says
By Laurel Brubaker Calkins on August 26, 2011


The case is Superior Offshore International Inc. v. Schaefer, 4:11-cv-03130, U.S. District Court, Southern District of Texas (Houston). The bankruptcy case is In Re Superior Offshore International Inc., 08-32590, U.S. Bankruptcy Court, Southern District of Texas (Houston).

--Editors: Joe Schneider, Peter Blumberg

To contact the reporter on this story: Laurel Brubaker Calkins in Houston at laurel@calkins.us.com.

Maybe someone should contact her and give her some information, if they already haven't..Is the cased close?
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ARUBA: It's all about Natalee...we won't give up!


« Reply #1344 on: February 12, 2013, 09:49:29 PM »

http://www.amigoe.com/aruba/144875-onderzoek-gas-en-oliereserves-in-startblokken

Google translation:

Research gas and oil reserves in starting blocks         

TUESDAY, FEBRUARY 12, 2013 8:48


The measuring vessel for seismic research

ORANGE CITY - Two of the three special vessels for two-dimensional seismic surveys for oil and gas reserves in the seabed Aruban, meanwhile arrived. We are waiting for the third ship is expected to arrive this week.

When this ship arrives, the government wants the commencement of the investigation festive herald. It is the first stage in the investigation into the presence of fossil fuel in the seabed.

In early December last year into a contract signed between Arubano Compania di Petroleo (CAP) and the Spanish oil and gas company Repsol.

During the initial examination an area of 14,000 square kilometers examined. This is done by a measuring vessel, a vessel material and a dinghy. The measuring vessel does the actual research. The material ship shall ensure that the measuring vessel has all the equipment necessary for research to be undertaken and the dinghy ensures that the measuring area is clear of other ships. The measuring vessel drags namely cables quarter nautical mile behind him for the measurements. Due to the "firing" of air under pressure, with a special measuring equipment can be formed an image of geological properties of soil layers. The signal that is transmitted with the so-called airgun penetrates the bottom and is reflected through different soil layers. A receiver detects the reflected signal and can have a large area to create a geological map. This study will cost approximately $ 10 million and can take several months to a year to complete.

When the results of the first study are positive, followed by a second research with detailed three-dimensional seismic survey. If this investigation is positive, then follow in 2016 or 2017 the first exploratory drilling. Finally, these are also promising test drillings, Repsol begins in collaboration with CAP to exploration and production. Incidentally, this would be at the earliest after 2020 can happen, so let Repsol late last year know.
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I stand with the girl, Natalee Holloway.

"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.

Beth Holloway, 2015 interview with Greta van Susteren
wreck
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« Reply #1345 on: February 13, 2013, 09:13:29 PM »

http://www.amigoe.com/aruba/144875-onderzoek-gas-en-oliereserves-in-startblokken

Google translation:

Research gas and oil reserves in starting blocks         

TUESDAY, FEBRUARY 12, 2013 8:48


The measuring vessel for seismic research

ORANGE CITY - Two of the three special vessels for two-dimensional seismic surveys for oil and gas reserves in the seabed Aruban, meanwhile arrived. We are waiting for the third ship is expected to arrive this week.

When this ship arrives, the government wants the commencement of the investigation festive herald. It is the first stage in the investigation into the presence of fossil fuel in the seabed.

In early December last year into a contract signed between Arubano Compania di Petroleo (CAP) and the Spanish oil and gas company Repsol.

During the initial examination an area of 14,000 square kilometers examined. This is done by a measuring vessel, a vessel material and a dinghy. The measuring vessel does the actual research. The material ship shall ensure that the measuring vessel has all the equipment necessary for research to be undertaken and the dinghy ensures that the measuring area is clear of other ships. The measuring vessel drags namely cables quarter nautical mile behind him for the measurements. Due to the "firing" of air under pressure, with a special measuring equipment can be formed an image of geological properties of soil layers. The signal that is transmitted with the so-called airgun penetrates the bottom and is reflected through different soil layers. A receiver detects the reflected signal and can have a large area to create a geological map. This study will cost approximately $ 10 million and can take several months to a year to complete.

When the results of the first study are positive, followed by a second research with detailed three-dimensional seismic survey. If this investigation is positive, then follow in 2016 or 2017 the first exploratory drilling. Finally, these are also promising test drillings, Repsol begins in collaboration with CAP to exploration and production. Incidentally, this would be at the earliest after 2020 can happen, so let Repsol late last year know.
I know where they can obtain an already completed survey only 5 years old to save $10m. 
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wreck
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« Reply #1346 on: February 17, 2013, 11:29:24 PM »

It's been kind of quiet for a few days .......................... I hope everyone knows my last comment was tongue-in-cheek. I hope Texasmom is merely on vacation!!
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texasmom
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ARUBA: It's all about Natalee...we won't give up!


« Reply #1347 on: February 19, 2013, 10:36:54 PM »

It's been kind of quiet for a few days .......................... I hope everyone knows my last comment was tongue-in-cheek. I hope Texasmom is merely on vacation!!

ITA with your last comment wreck!   

I've been here, just posting more in other threads recently.

I could use a vacation though!   
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I stand with the girl, Natalee Holloway.

"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.

Beth Holloway, 2015 interview with Greta van Susteren
texasmom
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ARUBA: It's all about Natalee...we won't give up!


« Reply #1348 on: February 19, 2013, 10:38:48 PM »

Subscriber article

http://www.amigoe.com/aruba/145087-seismologisch-onderzoek-olie-a-gas-start-vandaag

Google translation:

Seismological Research Oil & Gas starts today

FRIDAY, FEBRUARY 15, 2013 8:49

ORANGE CITY - In ads Arubano Compania di Petroleo (CAP) and the Spanish oil and gas company Repsol know that today the seismological research begins. It is the first stage ...
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I stand with the girl, Natalee Holloway.

"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.

Beth Holloway, 2015 interview with Greta van Susteren
Kermit
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« Reply #1349 on: February 27, 2013, 07:01:18 PM »

Wonder what they will find.

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Lifesong
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« Reply #1350 on: October 05, 2013, 11:21:44 AM »

Subscriber article

http://www.amigoe.com/aruba/145087-seismologisch-onderzoek-olie-a-gas-start-vandaag

Google translation:

Seismological Research Oil & Gas starts today

FRIDAY, FEBRUARY 15, 2013 8:49

ORANGE CITY - In ads Arubano Compania di Petroleo (CAP) and the Spanish oil and gas company Repsol know that today the seismological research begins. It is the first stage ...

I've done a bit of searching for any news or update on this survey - haven't found anything yet really.  Evidently, I haven't been paying attention - CAP was formed in Canada???
http://businessprofiles.com/details/cap-compania-arubano-di-petroleo-n-v/AW-34834-0


Here's this - some may find it interesting..

Country Report Aruba 1st Quarter 2013
 

Outlook for 2013-14


•The prime minister, Michael Eman of the Arubaanse Volks Partij (AVP), will continue to enjoy widespread popular support despite a fragile economy. A weak and divided opposition will facilitate governability.

•In 2013-14 the government will focus on improving relations with the private sector and with the Netherlands, although the opposition will use the latter to drum up nationalist support.

•The economy will remain dependent on the fate of the Valero oil refinery, which is in the process of conversion into a refined products terminal, providing less output and revenue than before.

•Owing to the refinery's shutdown, the Economist Intelligence Unit estimates that the economy contracted by 2% in 2012, followed by average growth of 3.2% in 2013-14. An uptick in tourism will be supportive of growth.

•The monetary authorities will keep rates low while the economy remains weak. The fixed exchange rate and weak growth helped to keep inflation low in 2012, before it rises to 4.6% in 2014.

•Foreign reserves fell to US$631.1m in November but are still strongly supportive of the fixed peg (set at Afl1.79:US$1). Owing to lower crude oil imports, the current-account deficit will average 3.1% of GDP in 2013-14.

Review

•Despite the government's fiscal difficulties, a series of cost-of-living adjustments were awarded in late December to union workers and public-sector workers (the third year in which the latter have benefited).

•The state oil company, Compania Arubano di Petroleo (CAP), and a Spanish oil giant, Repsol, have signed an eight-year agreement for seismic exploration.

•Hundreds of workers from the Valero oil refinery were laid off between September and November, leaving only a token workforce to handle its conversion into a refined products terminal.

•Consumer price inflation ended the year at an average of 0.6% (4% deflation in end-year terms), well below last year's 4.4%.

•According to the Aruba Tourism Authority, tourist visits in 2012 rose by 4.1% from a year earlier, reaching their highest level since 2007 despite the effects of Hurricane Sandy and the cancellation of 15 cruise ship calls.

 
Here's the link to 3rd Quarter 2013http://www.reportbuyer.com/countries/europe/netherlands/country_report_aruba_3rd_quarter_2013.html

•Petrotrin, the state-owned oil company of Trinidad and Tobago, has expressed interest in purchasing the Valero oil refinery. The government has failed to find a buyer since talks with PetroChina broke down.


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"I do not feel obliged to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use."  - Galileo
Lifesong
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« Reply #1351 on: October 05, 2013, 12:48:17 PM »

Just parking this here for now, it's all new to me.   


http://www.hyscience.com/archives/2006/01/harrytho_127_na.php

January 27, 2006
 
HarryTho 1/27 Natalee Holloway Commentary
Topics: Natalee Holloway

Quote
Given the paucity of the news concerning the Natalee Holloway disappearance, this evening, I felt I would revisit our old friend Hushang Ansary. We should note that the HarryTho coverage will vacation over the weekend, unless some startling news develops. Next update should be Monday evening 29 January 2006.

 In a prior editorial, we discussed the oil and financial industry resume of Hushang Ansary. We mentioned Ansary's Parman Capital Corporation of Houston, TX bought controlling interest in the Banco de Carib, a US $500 Million asset bank, in the Netherlands Antilles. We outlined Ansary's recent acquisitions and mergers that provided him controlling interest in the most advanced oil drilling equipment manufacturing company and the largest oil company in the world. Additionally, we pointed out a prize oil refinery on Curacao. Though this refinery was not included in any publication as an interests to Ansary, we sweetened the narrative with reasons why the Isla Refinery on Curacao would be an attractive acquisition.

 
A review of our three editorials from 27-29 December 2005 may be helpful in order to reacquaint oneself with activities of Hushang Ansary.

HarryTho 12/29 Natalee Holloway Commentary

HarryTho 12/28 Natalee Holloway Commentary

HarryTho 12/27 Natalee Holloway Commentary #comments

 Much to our surprise, the Aruban government, seemingly unconnected to any of Ansary's intentions, suddenly and clandestinely, created a government oil company in parliament. Many elected officials in parliament were stunned by the sudden tabling of such a proposition. Yet, in one session, Aruba became from devoid of any oil interests into a country awarding concessions for oil and gas exploration. And, in parliament, it was revealed, for the first time, that some seven "secret" inquiries were in hand, requesting oil and gas exploration permits off the shores of Aruba.

Search for oil and gas resumed

 ARUBA - The Parliament had authorized the government to found the Aruban oil company, Compania Arubiano di Petroleo (CAP). The idea is that this public enterprise negotiates with companies that want a concession for the search for oil and gas in the Aruban territorial waters. "Seven companies have already shown interest in the search for oil and gas in the past four years", told Prime Minister Nelson Oduber (MEP) the Parliament.

"Oduber didn't want to reveal the names of the companies. What a nonsense; we are talking about the Parliament here. I wonder why we didn't get any information on the plans", said Mike de Meza, AVP parliament-member and owner of an engineering company that works for Valero. He asked questions about the involvement of the Netherlands in the founding of CAP. "The Netherlands has a lot of experience in the field of oil and gas. Not only that; our seas concern the Kingdom. What happens if we find oil and gas? We will immediately be in conflict with Venezuela. A few years ago Colombia found a gas deposit on the Venezuelan border, which immediately caused a conflict, and the gas deposit was never exploited. There are rumours about us having a treaty with Venezuela, but I doubt that this would fix an anticipated conflict. And what if we get entangled in a war problem? We will have to depend on the Netherlands then. I think that we have to plan ahead."

Geologist Armando Curet of the DOW will be appointed acting manager of CAP. The government had promised to recruit personnel from existing public servants for CAP. The government will need to ask the Parliament permission for decisions on concessions and for the expenditure of money. There were searches for oil and gas around Aruba in the past, but the conclusion was then that the composition of the sea-bed is very good, but too young. Nowadays there is better equipment to take more accurate measurements.

Today, Aruba has Compania Arubiano di Petroleo or CAP and is filling the executive positions, as you read this editorial, with personnel from other departments. And, not 30 days from Ansary's take over of the controlling interests (51%) of Banco di Carib, Aruba finds itself with a rich, oil expert right next door in Curacao. What is really interesting is that all this activity took place within the same time frame as the search for Natalee Holloway. Had the international media and the audiences of Aruba, USA and neighboring countries not been so preoccupied with Natalee Holloway, some interested parties may have stumbled onto this sudden interests in the waters of Aruba by the leading oil experts in the world.

 Just as a brainstorming exercise, allow me to juxtapose all these facts:

 Hushang Ansary, republican, strong Texas Republican party donator ($100,000.00 and up), controlling interests in state-of-the-art oil drilling equipment, controlling interests in largest oil company in the world, former Minster for Finance of Iran, former head of the National Iranian Oil Company and philanthropist extraordinary (where George Bush is concerned). He lives and headquarters his companies in Houston, TX.

 Boycott Bob, republican.

 Secretary of State Rice, republican from Birmingham, AL, former senior oil company executive with Halliburton.

 George W. Bush, republican, oil company owner and senior executive with same company as Secretary of State Rice ... Halliburton.

Headquarters of Halliburton:

 5 Houston Center
 1401 McKinney, Suite 2400
 Houston, TX 77010-4008

 Perhaps, we can expect more than cadaver dog trainers at the M Bar in Houston, TX for cocktails with Beth Twitty.

 With Aloha,

Posted for HarryTho

Posted by Richard at January 27, 2006 11:12 PM



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"I do not feel obliged to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use."  - Galileo
Lifesong
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« Reply #1352 on: October 05, 2013, 03:00:23 PM »



So...upon further digging - I think this guy is an a**hole.   

Sorry if I wasted anyone's time...

The timing and connections he brings out are certainly interesting, though for different reasons than he infers.

JMO and OMO.

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"I do not feel obliged to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use."  - Galileo
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« Reply #1353 on: October 05, 2013, 06:28:08 PM »



So...upon further digging - I think this guy is an a**hole.   

Sorry if I wasted anyone's time...

The timing and connections he brings out are certainly interesting, though for different reasons than he infers.

JMO and OMO.





I know what you mean lifesong.  When I saw the link, I knew.  Live and learn...   
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texasmom
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ARUBA: It's all about Natalee...we won't give up!


« Reply #1354 on: May 31, 2015, 11:01:49 AM »

https://www.facebook.com/3DSurveying/posts/826088087467655

3DSurveying added 2 new photos.
May 22 at 6:20pm ·
Today I saw a great vessel from Fugro at the harbor of Aruba named The Fugro Americas and is a multi-purpose vessel well suited for high resolution geophysical surveys and seafloor mapping. Because the data is 3D you get a good 3D visualization of the seafloor. This can be used for different purposes.





https://www.facebook.com/masnoticia/posts/831944066843183

http://masnoticia.com/minister-mike-de-meza-a-sigui-cu-e-fase-di-obtene-muestra-den-subsuelo-di-nos-lama/

Papiamentu translation:

minister mike de meza: owing to follow cu the phase of obtene sample in subsuelo of we lama local

26 may, 2015 minister mike de meza: owing to follow cu the phase of obtene sample in subsuelo of we lama actualmente the barco fugro americas is nabegando in awanan teritorial of aruba, cu is ocupando his self cu one part important of the exploracion for reservanan fosil in we awanan teritorial. “asina we is follow in the next phase of exploracion of reservanan fosil cu is follow the analisis sismologico bidimensional y the analisis sismologico tridimensional,” minister mike de meza owing to splica. week happen minister mike de meza together cu representantenan of repsol, utilities y compania aruban of petroleum owing to visit y achieve one recorido of the barco cu will take 104 various sample. at instant cu take the sample will penetra cinco for six metre in the subsuelo of lama y also will measure the temperature at where cu the sample owing to wordo saca. the titular of asuntonan economico, comunicacion, energy y medio ambiente owing to splica cu for of the muestranan the companianan envolvi is deduci informacion for her analisis more deep provided that conexion cu the exploracion for reservanan fosil. among another is wordo analisa factornan as if have presencia of hidorcarburonan another substancianan relevante in the subsuelo. this is help in the interpretacion of the investigacion cu already did take lugar. in future, if arrive at the decision for bay haci boramento of proof, the informacion adkiri of the muestranan is extremely important, according the mandatario. the part here of the exploracion will bay last three week y is take luga 24 hour for day. the preparacion for her next phase, because; also the fasenan anterior, owing to wordo haci in dialog cu the ngo’s they local y instancianan ambiental. exploracion for reservanan fosil is much trabao y thing is tumando luga actualmente is one experiencia big for aruba, minister mike de meza owing to observa. “ohala at end of day the is leave positivo; the is mustrando much interesting,” past owing to conclui saying.

http://www.shipspotting.com/gallery/photo.php?lid=2251693

FUGRO AMERICAS - IMO 9713753

Photographer:   India [View profile]   Title:   FUGRO AMERICAS   Added:   May 21, 2015
Captured:   May 21, 2015   IMO:   9713753   Hits:   50
Location:   Oranjestad, Aruba
Photo Category:   Supply Ships/Tug Supplies/AHTS
Description:
arriving at approximately 1000 hours local time

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I stand with the girl, Natalee Holloway.

"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.

Beth Holloway, 2015 interview with Greta van Susteren
texasmom
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ARUBA: It's all about Natalee...we won't give up!


« Reply #1355 on: May 31, 2015, 11:23:34 AM »

http://www.marinetraffic.com/ais/details/ships/shipid:2161840/mmsi:367648560/imo:9713753/vessel:FUGRO_AMERICAS

MO: 9713753
Name: FUGRO AMERICAS
MMSI: 367648560
Type: OFFSHORE SUPPLY SHIP
Gross Tonnage: 1500
Summer DWT: 2194 t
Build: 2015
Flag: U.S.A.
Home port: PATTERSON LA

FUGRO AMERICAS
Offshore Supply Ship 
IMO:  9713753
MMSI:  367648560
Call Sign:  WDH7479
Flag:  USA (US)
AIS Type:  Cargo
Gross Tonnage:  1500
Deadweight:  2194 t
Length × Breadth: 58.83m × 12m
Year Built:  2015
Status:  Active

Recent Port CallsLocal Time  Time (UTC)
Port   Arrival (LT)   Departure (LT)   In Transit
AW ARUBA (UTC-4)   2015-05-29 12:16:00   2015-05-29 23:52:00   
No Port Calls recorded during the past 3 days

Info Received: 5 min ago (2015-05-31 15:30)
Area:  Caribbean Sea
Latitude / Longitude: 13.02304° / -69.93416°
Status: Restricted Manoeuvrability
Speed/Course: 0.8kn / 25°
AIS Source: 828 ais-aruba

Voyage Related Info (Last Received)
Destination   ARUBA [AW]
ETA   2015-05-30 02:00 UTC
Last Known Port   ARUBA [AW] (2015-05-30 03:51:00)
Previous Port   FOURCHON [US] (2015-03-10 20:14:00)
Draught   5m
Speed recorded (Max / Average)   9.6 / 6.6 knots
Info Received   2015-05-31 15:27 (8 min ago)
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I stand with the girl, Natalee Holloway.

"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.

Beth Holloway, 2015 interview with Greta van Susteren
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ARUBA: It's all about Natalee...we won't give up!


« Reply #1356 on: May 31, 2015, 11:41:46 AM »

https://www.facebook.com/AWEMainta/posts/10152821130255759

AWEMainta added 3 new photos.
May 27 at 5:22pm

Papiamentu translation:

one phase new owing to cuminsa barco cu tecnologia “state or the art” is wordo employ for explora for gas y petroleum rond aruba of acuerdo cu minister ing. mike de meza in the proceso for explora for gas y petroleum in awanan teritorial of aruba, repsol owing to contrata the barco fugro, cu is inclui tecnologia “state or the art” y one team of experto in geology y geofisica. fugro is one barco new y is ekipa cu tecnologia for sondeo of tanto the lama, because; the fondo of lama, where will take temperaturanan of water y the fondo, but also will is borando at one profunidad of among cinco for six metre for saca sample of the subsuelo. minister mike de meza owing to wordo invita for one recorido of the barco at comienso of the exploracion tumando lugar actualmente. the mandatario owing to splica in one interview during of the recorido cu is deal here of 104 sharp where muestranan will wordo take. the 104 puntonan owing to wordo describi for repsol in orden of prioridad, as is prioridad high, intermedio or abao, after cu already have informacion of investigacionnan seismografico 2d (two-dimensional) y 3d (tri- dimensional) available. the expertonan is work cu, the.o., radar y another instrumentonan y one map digitalisa (“electronic chart display and information system”), but also cu one map of paper because; “backup”. they're take the midinan y is procesa esakinan. they investigacion also is inclui one analisis of the fondo of lama. they're look at what type of rasgo have on the fondo, incluyendo fayonan geologico, presencia of formacion volcanico, depresionnan y “monticulo”. minister de meza owing to splica cu the temperature is wordo take first at one profundidad cu is 50 metre for of fondo of lama y after in the mud at fondo of lama. then, the team of investigacion is take one sample, is observa the fondo of lama y is measure temperature of the area at cada one of the 104 puntonan cu repsol owing to identifica because; puntonan interesting for follow explora. the capitan of the barco owing to splica cu fugro is work on one sistema of engine cu propeller, cu one diametro of six leg, cu can wordo compara cu one “outboard motor” without “rudder” cu can wordo become in cualkier direccion. fast on the barco have one “bow thruster” cu is become right y left. the sistema here is haci possible p’e barco maybe direpente in cualkier direccion y the not have to disminui his velocidad much or stop completamente first. the capitan owing to tell cu the engine do not as of another barco, where have two propeller cu do not actuate of near for near y is work cu “rudder” for actuate of direccion. one another caracteristica of the barco is cu the not have to of one anchor for stay in the same posicion on lama, but is depende on one sistema of gps y tecnologia of “dynamic positioning” sofistica for as in one posicion. geology t’e study of world, of the materialnan of cual the is work, the structura of the materialnan y the proceso cu did take lugar in the area in transcurso of time. owing to phase new at cuminsa ship cu technology " state or the art ' is wordo employ for explores for gas and oil rond aruba of agreement cu minister ing. mike or meza in and process for explores for gas and oil in awanan teritorial of aruba, repsol to hire and ship fugro, cu is inclui technology " state or the art ' and owing to team of expert in geology and geofisica. fugro is owing to ship new and is ekipa cu technology for search of both and lama, eat and bottom of lama where ace take temperaturanan di-awa and and background, but also what is deleting at owing to profunidad of between five to six fictitious for out shows of and underground. minister mike or meza at wordo invites for owing to recorido of and ship at im only excited and start working of and exploring tumando place today. and president at splica in owing to interview during of the recorido cu is comes here of 104 point where muestranan ace wordo take. and 104 puntonan at wordo describi for repsol in order of priority, occasion is priority high, intermediate or abao, after already cu have info of investigacionnan seismografico 2 d (two-dimensional) and 3 d (tri- dimensional ) available. the expertonan is work cu, the. or., radar and other instrumentonan and owing to map digitalisa (" electronic chart display and information system "), but also cu owing to map of okupashon ace "backup". they're take the midinan and is processed esakinan. they research also is inclui owing to analysis of and bottom of lama. they're look at what type of trait have on and fund, including fayonan geologico, presence of training, and volcanic depresionnan "monticulo". minister or meza at splica cu and temperature is wordo take first at owing to depth cu is 50 fictitious for of bottom of lama and after in and mud at bottom of lama. well, and team of research is take owing to shows, is observes and bottom of lama and is measure temperature of and area at each owing to of the 104 puntonan cu repsol to identifies ace puntonan interesting for arms explores. and captain of and ship splica cu fugro is work on owing to system of engine cu propeller, cu owing to diametro of six franco, cu for wordo compare cu owing to " outboard engine " without " rudder " cu for wordo become in every other direction. fast on and ship have owing to "bow thruster" cu is become right and steal. and system here is haci possible therefore ' the ship for become direpente in every other direction and and grade have to disminui his much speed or stop completely first. and captain to tell cu and engine does grade is way of another ship, have where two propeller cu do not actuate of band for band and is work cu "rudder" for actuate of direction. owing to other caracteristica of and ship is cu and there have to of owing to anchor for can do in the same position on lama, but is depends on owing to system of gps and technology of "dynamic positioning" sofistica for keep me in owing to position. geology t ' and study of world, of the materialnan and say which and is work, the structura of the materialnan and the process cu did take place in and area in course of time.

Logged

I stand with the girl, Natalee Holloway.

"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.

Beth Holloway, 2015 interview with Greta van Susteren
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ARUBA: It's all about Natalee...we won't give up!


« Reply #1357 on: August 19, 2017, 02:48:09 PM »

http://www.pmoaruba.com/uncategorized/repsol-is-going-to-drill-for-gas/

November 29, 2016 PMO Staff

REPSOL IS GOING TO DRILL FOR GAS

Exploratory drilling in order to find natural gas will commence within 2.5 years in at least one location north of Aruba. The consortium of Repsol and Total, that is searching for gas under the sea around Aruba, has decided to enter fase three of the process, which is exploratory drilling.

According to the director of Compania Arubano Petrolero (CAP), Armando Curet, the positive decision has to do with the situation on the energy market. ,, The price of gas has been low, so companies were reluctant to make large investments. Now the situation has changed, since the gas prices are rising.”

For the past three years, Repsol has been exploring the bottom of the sea around the island. First a two-dimensional map of the sea floor was made, and when that looked promising, the next fase was executed, 3-D mapping. After analyzing the data, Repsol and Total decided to start the drilling process. ,,Exploratory drilling should reveal if there really is gas present and if it is in exploitable quantities”, Curet explained.

Prime Minister Mike Eman himself made the good news public. ,, This is important for our future. Although it is not good to raise expectations that cannot be fulfilled, there is no doubt in this case. The exploratory drilling is going to happen. That is a huge step.”

Minister Mike de Meza of Tourism, Transport, Energy and Environment, emphasized that exploratory drilling has a price tag of at least fifty million dollars. ,,That’s a lot of money, so the consortium is really very positive.” The country manager of Repsol, William Hernandez, explained that in due course a floating drilling platform will be ankered at the drill site. ,,The drill site will be about forty kilometers from the coast, so it will not be visible from the island.”

The financial risk of the operation lies entirely with Repsol and Total. Aruba does not pay any costs, but shares in future revenues. ,,As Government we are going to change the oil laws of Aruba. There is a law under development that regulates where the profits from the gas go to. Our goal is that the people of Aruba will benefit from the money and not politicians,” De Meza said.
Logged

I stand with the girl, Natalee Holloway.

"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.

Beth Holloway, 2015 interview with Greta van Susteren
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ARUBA: It's all about Natalee...we won't give up!


« Reply #1358 on: June 26, 2018, 09:43:42 PM »

Interesting read.   

https://casetext.com/case/bellot-v-marine-surveys-llc

Bellot
v.
Marine Surveys, L.L.C.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION
Mar 29, 2015
Civil Action No. 15-00140 (W.D. La. Mar. 30, 2015)
Judge Richard T. Haik, Sr.

Judge Richard T. Haik, Sr. Magistrate Judge C. Michael Hill

MEMORANDUM RULING

Before the Court is a Motion for Summary Judgment, Or Alternatively, Motion For Partial Summary Judgment [Rec. Doc. 8] filed by defendant Marine Surveys, LLC ("Marine Surveys") and plaintiff, Steven Bellot's, Opposition to the Motion [Rec. Doc. 12]. For the reasons that follow, the Motion will be denied.

I. Background
Plaintiff, Steven Bellot, states in his sworn affidavit that "he served six months as a seaman for Marine Surveys aboard the vessels M/V OMAS MESHACK and M/V PRINCESS GERTRUDE" during which time John D. Silvetti "was the Managing Member of Marine Surveys and the managing operator of the vessels M/V OMAS MESFLACK and M/V PRINCESS GERTRUDE." R. 12-2, Aff. Of Plaintiff. In particular, Bellot states that for the period between December 14, 2013 and March 13, 2014, Marine Surveys assigned him as a Field Project Manager and/or Party Chief to work off the Nigerian coast aboard the M/V OMAS MESHACK and M/V PRINCESS GERTRUDE, and he was last discharged from a Marine Survey vessel on September 8, 2013. Id. Plaintiff states that "although he earned  a total of $190,400.00 in seaman's wages between December 12, 2013 and September 8, 2014, Marine Surveys only paid him a total of $66,000.00." Id.

As Field Project Manager/Party Chief, plaintiff's job was to direct the vessels where they would conduct surveys or otherwise work. Id.

Plaintiff attaches to his affidavit a copy of his entry visa into Nigeria for the period between December 14, 2013 and March 13, 2014. The name "Silvetti Marine Survey" is written on the bottom of the visa. Id., Exh. A-1. Plaintiff also attaches a "Daily Progress Report" dated February 3, 2014 which confirms that he worked as Field Project Manager on the MTV OMAS MESHACK on that date. Id., Exh. A-2. The report provides that the subcontractor was "Silvetti Marine Surveys Nigeria Limited (SMSNL)" and the client was "Chevron Nigeria Limited (CNL)." Also attached to the affidavit is an email dated April 10, 2014, from John Silvetti, Managing Member, JD Silvetti Group of Companies ("the Company"), to several individuals including plaintiff, indicating that delays in the Nigerian work had cost $13,000 a day and placed the company "in quite a pinch." Id., Exh. A-3. In an update email to "Office Staff; Offshore Staff dated April 25, 2014, Silvetti indicates that the company would begin "Campaign #5" with Chevron which would "require us to man 5 vessels; lay barge & 2 tugs, DR2, 2 Four Point Dive vessels and one Lift Boat." Id., Exh. A-4. In another update email dated August 20, 2014, Silvetti states that Chevron Nigeria Ltd would transfer funds to Marine Surveys for the work done on the vessels so the "nightmare" of nonpayment would end. Id., Exh. A-5.

According to their websites, the managing director of Silvetti Marine Surveys Nigeria Limited is John D. Silvetti, www.sms-nigltd.com; Chevron Nigeria Limited ("CNL") is a Chevron subsidiary which operates under a joint-venture arrangement with the Nigerian National Petroleum Corporation, www.chevron.com/countries/nigeria/.
--------

Plaintiff attaches the affidavit of Michael J. Nicholas Restivo. R. 12-5, Exh. D. Restive states that between December 13, 2013 and March 12, 2014, he was employed as a "party chief to position offshore oil rigs and dive boats for Alternative Positioning Solutions ("APS"), one of the Silvetti Companies. He avers that on or about December 2013, the Company began to experience cash flow problems and delayed and cut back payment of payroll to their employees, including Restivo. Restivo further states that the Company began to issue payroll checks which had the word "Advance" written on the check's memo line even though the payroll checks were for past employment, late and short of the full amount already owed him.

Plaintiff also attaches the affidavit of Eric Swinney, the former Chief Executive Officer of the Company. R. 12-6, Exh. E. Swinney states that Silvetti transferred personnel, including plaintiff, as well as assets, between various Silvetti Group Companies, both domestically and in Nigeria, without regard to the supposed separateness of the companies and without invoicing for such transfers. He further states that in December 2013, the Company began to experience cash flow problems and cut back payments to their employees and began to issue payroll checks which supposedly were net of tax withholdings made by the Company to the IRS. Swinney avers that he personally confirmed with the IRS that they have no record of any such tax payments made on behalf of the employees and that he has been unable to obtain a W-2 form from the Company.

On January 5, 2015, plaintiff made written demand upon Members of Marine Surveys  L.L.C., for payment of past due seaman's wages totaling $124,400.00. Id., Exh. B. On January 8, 2015, Silvetti replied, indicating that the Nigerian negotiations had been completed and a partial payment was made on December 31, 2014 and stating, "t is our expectations to be able to pay Mr. Bellot within 10 days...."

On January 26, 2015, plaintiff filed this action for payment of past due seaman's wages under the General Maritime Law, for penalties under 46 U.S.C. 10313(g)(1) and pursuant to 46 U.S.C. 10302, failing to make a written shipping agreement with plaintiff. Marine Surveys filed a responsive pleading to plaintiff's Complaint, on March 11, 2015, including an answer of general denial and a counter-claim against plaintiff. R. 11. In the counter-claim, Marine Surveys contends it loaned $67,021.08 to plaintiff and as a result of the loan, plaintiff is indebted to Marine Surveys in the approximate amount of $27,106.38, plus interest. Id., ¶ III. Marine Surveys filed this Motion For Summary Judgment on March 3, 2015 contending that plaintiff has no claim under 46 U.S.C. § 10302 or § 10313. R. 8.

II. Summary Judgment Standard
Summary judgment is appropriate if no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). Under Rule 56(c), the moving party bears the initial burden of "informing the district court of the basis for its motion, and identifying those portions of [the record] which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986); see Stahl v. Novartis Pharms. Corp., 283 F.3d 254, 263 (5th Cir.2002). The party  moving for summary judgment must demonstrate the absence of a genuine issue of material fact but need not negate the elements of the nonmovant's case. Exxon Corp. v. Oxxford Clothes XX, Inc., 109 F.3d 1070, 1074 (5th Cir.1997). When the moving party, has met its Rule 56(c) burden, the nonmoving party, cannot survive a summary judgment motion by resting on the mere allegations of its pleadings. "[T]he nonmovant must identify specific evidence in the record and articulate the manner in which that evidence supports that party's claim." Johnson v. Deep E. Tex. Reg'l Narcotics Trafficking Task Force, 379 F.3d 293, 301 (5th Cir.2004).

III. Analysis
Marine Surveys contends that plaintiff cannot assert a claim under 46 U.S.C. § 10302 or 46 U.S.C. § 10313. Section 10302 details the agreement requirements for non-fishermen merchant seamen on U.S.-to-foreign voyages. Section 10302(a) provides that "[t]he owner, charterer, managing operator, master or individual in charge shall make a shipping agreement in writing with each seaman before the seaman commences employment." 46 U.S.C. § 10302(a). The requirement of written shipping articles is designed to "protect seamen who were otherwise subjected to harsh treatment and deception." Sylvis v. Rouge Steel Co., 873 F.2d 122, 125 (6th Cir.1989).

Plaintiff also seeks to recover the double wage penalty imposed by section 10313. 46 U.S.C. § 10313 provides in relevant part:

e) After the beginning of the voyage, a seaman is entitled to receive ... on demand, one half of the balance of wages earned and unpaid at each port at
which the vessel loads or delivers cargo during the voyage.... If a master does not comply with this subsection, the seaman is released from the agreement and is entitled to payment of all wages earned....



(f) At the end of the voyage, [or upon discharge] the master shall pay each seaman the balance of wages due the seaman....



(g) (1) ...[w]hen payment is not made as provided in subsection (f) of this section without sufficient cause, the master or owner shall pay to the seaman 2 days' wages for each day payment is delayed.
46U.S.C. § 10313. The purpose of section 10313 is "to secure prompt payment of seaman's wages ... and thus to protect them from the harsh consequences of arbitrary and unscrupulous action of their employers, to which, as a class, they are peculiarly exposed." Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 572 (1982). In light of this purpose, section 10313 and its predecessors have been liberally construed in favor of seamen. Isbrandtsen Co. v. Johnson, 343 U.S. 779, 781 (1952) ("Whenever congressional legislation in aid of seamen has been considered here, since 1872, the Court has emphasized that such legislation is largely remedial and calls for liberal interpretation in favor of seamen.").
In support of dismissal of plaintiff's claims under these statutes, Marine Surveys attaches the affidavit of its Managing Member, John Silvetti, which states, "Marine Surveys did not own, charter or operate any vessel upon which Steven Bellot worked off the coast of Nigeria and which is at issue in his Complaint [and] was also not the managing operator of any such vessel and had no employees or representatives that served as the master or individual in charge of any [such] vessel...." R. 8-3. Marine Surveys provides no additional evidence nor any jurisprudence to support its position that plaintiff cannot assert claims under  §§ 10302 and 10313.

After comparing the dearth of evidence provided by movers— Silvetti's self-serving and conclusory affidavit which essentially states that Marine Surveys had absolutely no association with any of the vessels on which it assigned its employees to work in foreign waters and countries—with that attached to plaintiff's opposition, including the emails and correspondence between plaintiff and Marine Surveys, the Court finds there are genuine issues of material fact as to whether or not Marine Surveys has liability under 46 U.S.C. §§ 10302 and 10313. Accordingly, the Court will deny Marine Surveys' Motion For Summary Judgment.

/s/_________
Richard T. Haik, Sr.
United States District Judge
Logged

I stand with the girl, Natalee Holloway.

"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.

Beth Holloway, 2015 interview with Greta van Susteren
texasmom
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ARUBA: It's all about Natalee...we won't give up!


« Reply #1359 on: June 26, 2018, 09:51:54 PM »

Interesting read.   

https://casetext.com/case/bellot-v-marine-surveys-llc

Bellot
v.
Marine Surveys, L.L.C.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION
Mar 29, 2015
Civil Action No. 15-00140 (W.D. La. Mar. 30, 2015)
Judge Richard T. Haik, Sr.

Judge Richard T. Haik, Sr. Magistrate Judge C. Michael Hill

MEMORANDUM RULING

Before the Court is a Motion for Summary Judgment, Or Alternatively, Motion For Partial Summary Judgment [Rec. Doc. 8] filed by defendant Marine Surveys, LLC ("Marine Surveys") and plaintiff, Steven Bellot's, Opposition to the Motion [Rec. Doc. 12]. For the reasons that follow, the Motion will be denied.

I. Background
Plaintiff, Steven Bellot, states in his sworn affidavit that "he served six months as a seaman for Marine Surveys aboard the vessels M/V OMAS MESHACK and M/V PRINCESS GERTRUDE" during which time John D. Silvetti "was the Managing Member of Marine Surveys and the managing operator of the vessels M/V OMAS MESFLACK and M/V PRINCESS GERTRUDE." R. 12-2, Aff. Of Plaintiff. In particular, Bellot states that for the period between December 14, 2013 and March 13, 2014, Marine Surveys assigned him as a Field Project Manager and/or Party Chief to work off the Nigerian coast aboard the M/V OMAS MESHACK and M/V PRINCESS GERTRUDE, and he was last discharged from a Marine Survey vessel on September 8, 2013. Id. Plaintiff states that "although he earned  a total of $190,400.00 in seaman's wages between December 12, 2013 and September 8, 2014, Marine Surveys only paid him a total of $66,000.00." Id.

As Field Project Manager/Party Chief, plaintiff's job was to direct the vessels where they would conduct surveys or otherwise work. Id.

Plaintiff attaches to his affidavit a copy of his entry visa into Nigeria for the period between December 14, 2013 and March 13, 2014. The name "Silvetti Marine Survey" is written on the bottom of the visa. Id., Exh. A-1. Plaintiff also attaches a "Daily Progress Report" dated February 3, 2014 which confirms that he worked as Field Project Manager on the MTV OMAS MESHACK on that date. Id., Exh. A-2. The report provides that the subcontractor was "Silvetti Marine Surveys Nigeria Limited (SMSNL)" and the client was "Chevron Nigeria Limited (CNL)." Also attached to the affidavit is an email dated April 10, 2014, from John Silvetti, Managing Member, JD Silvetti Group of Companies ("the Company"), to several individuals including plaintiff, indicating that delays in the Nigerian work had cost $13,000 a day and placed the company "in quite a pinch." Id., Exh. A-3. In an update email to "Office Staff; Offshore Staff dated April 25, 2014, Silvetti indicates that the company would begin "Campaign #5" with Chevron which would "require us to man 5 vessels; lay barge & 2 tugs, DR2, 2 Four Point Dive vessels and one Lift Boat." Id., Exh. A-4. In another update email dated August 20, 2014, Silvetti states that Chevron Nigeria Ltd would transfer funds to Marine Surveys for the work done on the vessels so the "nightmare" of nonpayment would end. Id., Exh. A-5.

According to their websites, the managing director of Silvetti Marine Surveys Nigeria Limited is John D. Silvetti, www.sms-nigltd.com; Chevron Nigeria Limited ("CNL") is a Chevron subsidiary which operates under a joint-venture arrangement with the Nigerian National Petroleum Corporation, www.chevron.com/countries/nigeria/.
--------

Plaintiff attaches the affidavit of Michael J. Nicholas Restivo. R. 12-5, Exh. D. Restive states that between December 13, 2013 and March 12, 2014, he was employed as a "party chief to position offshore oil rigs and dive boats for Alternative Positioning Solutions ("APS"), one of the Silvetti Companies. He avers that on or about December 2013, the Company began to experience cash flow problems and delayed and cut back payment of payroll to their employees, including Restivo. Restivo further states that the Company began to issue payroll checks which had the word "Advance" written on the check's memo line even though the payroll checks were for past employment, late and short of the full amount already owed him.

Plaintiff also attaches the affidavit of Eric Swinney, the former Chief Executive Officer of the Company. R. 12-6, Exh. E. Swinney states that Silvetti transferred personnel, including plaintiff, as well as assets, between various Silvetti Group Companies, both domestically and in Nigeria, without regard to the supposed separateness of the companies and without invoicing for such transfers. He further states that in December 2013, the Company began to experience cash flow problems and cut back payments to their employees and began to issue payroll checks which supposedly were net of tax withholdings made by the Company to the IRS. Swinney avers that he personally confirmed with the IRS that they have no record of any such tax payments made on behalf of the employees and that he has been unable to obtain a W-2 form from the Company.

On January 5, 2015, plaintiff made written demand upon Members of Marine Surveys  L.L.C., for payment of past due seaman's wages totaling $124,400.00. Id., Exh. B. On January 8, 2015, Silvetti replied, indicating that the Nigerian negotiations had been completed and a partial payment was made on December 31, 2014 and stating, "t is our expectations to be able to pay Mr. Bellot within 10 days...."

On January 26, 2015, plaintiff filed this action for payment of past due seaman's wages under the General Maritime Law, for penalties under 46 U.S.C. 10313(g)(1) and pursuant to 46 U.S.C. 10302, failing to make a written shipping agreement with plaintiff. Marine Surveys filed a responsive pleading to plaintiff's Complaint, on March 11, 2015, including an answer of general denial and a counter-claim against plaintiff. R. 11. In the counter-claim, Marine Surveys contends it loaned $67,021.08 to plaintiff and as a result of the loan, plaintiff is indebted to Marine Surveys in the approximate amount of $27,106.38, plus interest. Id., ¶ III. Marine Surveys filed this Motion For Summary Judgment on March 3, 2015 contending that plaintiff has no claim under 46 U.S.C. § 10302 or § 10313. R. 8.

II. Summary Judgment Standard
Summary judgment is appropriate if no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). Under Rule 56(c), the moving party bears the initial burden of "informing the district court of the basis for its motion, and identifying those portions of [the record] which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986); see Stahl v. Novartis Pharms. Corp., 283 F.3d 254, 263 (5th Cir.2002). The party  moving for summary judgment must demonstrate the absence of a genuine issue of material fact but need not negate the elements of the nonmovant's case. Exxon Corp. v. Oxxford Clothes XX, Inc., 109 F.3d 1070, 1074 (5th Cir.1997). When the moving party, has met its Rule 56(c) burden, the nonmoving party, cannot survive a summary judgment motion by resting on the mere allegations of its pleadings. "[T]he nonmovant must identify specific evidence in the record and articulate the manner in which that evidence supports that party's claim." Johnson v. Deep E. Tex. Reg'l Narcotics Trafficking Task Force, 379 F.3d 293, 301 (5th Cir.2004).

III. Analysis
Marine Surveys contends that plaintiff cannot assert a claim under 46 U.S.C. § 10302 or 46 U.S.C. § 10313. Section 10302 details the agreement requirements for non-fishermen merchant seamen on U.S.-to-foreign voyages. Section 10302(a) provides that "[t]he owner, charterer, managing operator, master or individual in charge shall make a shipping agreement in writing with each seaman before the seaman commences employment." 46 U.S.C. § 10302(a). The requirement of written shipping articles is designed to "protect seamen who were otherwise subjected to harsh treatment and deception." Sylvis v. Rouge Steel Co., 873 F.2d 122, 125 (6th Cir.1989).

Plaintiff also seeks to recover the double wage penalty imposed by section 10313. 46 U.S.C. § 10313 provides in relevant part:

e) After the beginning of the voyage, a seaman is entitled to receive ... on demand, one half of the balance of wages earned and unpaid at each port at
which the vessel loads or delivers cargo during the voyage.... If a master does not comply with this subsection, the seaman is released from the agreement and is entitled to payment of all wages earned....



(f) At the end of the voyage, [or upon discharge] the master shall pay each seaman the balance of wages due the seaman....



(g) (1) ...[w]hen payment is not made as provided in subsection (f) of this section without sufficient cause, the master or owner shall pay to the seaman 2 days' wages for each day payment is delayed.
46U.S.C. § 10313. The purpose of section 10313 is "to secure prompt payment of seaman's wages ... and thus to protect them from the harsh consequences of arbitrary and unscrupulous action of their employers, to which, as a class, they are peculiarly exposed." Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 572 (1982). In light of this purpose, section 10313 and its predecessors have been liberally construed in favor of seamen. Isbrandtsen Co. v. Johnson, 343 U.S. 779, 781 (1952) ("Whenever congressional legislation in aid of seamen has been considered here, since 1872, the Court has emphasized that such legislation is largely remedial and calls for liberal interpretation in favor of seamen.").
In support of dismissal of plaintiff's claims under these statutes, Marine Surveys attaches the affidavit of its Managing Member, John Silvetti, which states, "Marine Surveys did not own, charter or operate any vessel upon which Steven Bellot worked off the coast of Nigeria and which is at issue in his Complaint [and] was also not the managing operator of any such vessel and had no employees or representatives that served as the master or individual in charge of any [such] vessel...." R. 8-3. Marine Surveys provides no additional evidence nor any jurisprudence to support its position that plaintiff cannot assert claims under  §§ 10302 and 10313.

After comparing the dearth of evidence provided by movers— Silvetti's self-serving and conclusory affidavit which essentially states that Marine Surveys had absolutely no association with any of the vessels on which it assigned its employees to work in foreign waters and countries—with that attached to plaintiff's opposition, including the emails and correspondence between plaintiff and Marine Surveys, the Court finds there are genuine issues of material fact as to whether or not Marine Surveys has liability under 46 U.S.C. §§ 10302 and 10313. Accordingly, the Court will deny Marine Surveys' Motion For Summary Judgment.

/s/_________
Richard T. Haik, Sr.
United States District Judge

https://www.leagle.com/decision/infdco20150513626

BELLOT v. MARINE SURVEYS, LLC
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Civil Action No. 15-00140.
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Bellot v. Marine Surveys, LLC.

United States District Court, W.D. Louisiana, Lafayette Division.

April 28, 2015.

ORDER
RICHARD T. HAIK, Sr., District Judge.

Before the Court is Marine Surveys LLC's ("Marine Surveys") Motion To Reconsideration The Court's Ruling On The Motion For Partial Summary Judgment Filed On Behalf Of Marine Surveys, LLC. [Rec. Doc. 16], Plaintiff, Steven Bellot's, Opposition Memorandum [Rec. Doc. 17] and Marine Surveys' Reply [Rec. Doc. 18]1.

Background
On March 30, 2015, the Court entered an order denying Marine Surveys' Motion For Partial Summary Judgment. R. 14, 15. Marine Surveys contended in the motion that plaintiff, Steven Bellot's, claim for wages owed under 46 U.S.C. §§ 10302 and 10313 should be dismissed. The Court found that "the dearth of evidence" submitted in the motion (existing solely of Managing Member, John D. Silvetti's, "self-serving and conclusory affidavit"), was insufficient to overcome its burden of establishing there existed no genuine issue as to any material fact that Marine Surveys was not "the owner, charterer, managing operator, master or individual in charge" of the vessels on which plaintiff worked, such that the statutes could not apply.

 

Legal Analysis
Marine Surveys moves the Court to reconsider its ruling as to 46 U.S.C. § 10313. Marine Surveys complains that the Court ruled on its motion before the deadline for filing a reply and the date of oral argument, and represents that it intended to submit a reply containing additional evidence in a supplemental affidavit.2 "[R]eply papers may properly address new material issues raised in the opposition papers so as to avoid giving unfair advantage to the answering party." See Bayway Refining Co. v. Oxygenated Marketing and Trading A.G., 215 F.3d 219, 226-227 (2d Cir.2000); see also Vais Arms, Inc. v. Vais, 383 F.3d 287, 292 (5th Cir.2004). The ownership of the vessels was not a "new material issue" raised in Bellot's opposition. As stated by plaintiff, "the only issue before the Court is whether . . . Marine Surveys, LLC was the owner or master of the Nigeian vessels." R. 16. Because, however, Plaintiff's Opposition Memorandum could be construed as having raised the issue that Plaintiff, as Marine Surveys' employee, was assigned to direct the activities of the M/V OMAS MESHACK and PRINCESS GERTRUDE, the Court will grant the motion to reconsider its ruling in light of Marine Surveys' argument in reply to this issue.

Marine Surveys includes in its reply argument and Supplemental Affidavit of John D. Silvetti in its Motion. In his first affidavit, Silvetti stated, "Marine Surveys did not own, charter or operate any vessel upon which Steven Bellot worked off the coast of Nigeria and which is at issue in his Complaint . . . and had no employees or representatives that served as the master or individual in charge of any [such] vessel. . . ." (Emphasis added). Silvetti now states in his Supplemental Affidavit that Silvetti Marine Surveys Nigeria Ltd. ("Silvetti Nigeria"), of which he is a minority shareholder, performs all services in Nigeria and that Silvettie Nigeria "chartered the M/V OMAS MESHACK from Ocean Marine Services, Ltd." and "chartered the M/V PRINCESS GETRUDE from Lenimar Ocean Trawlers, Ltd." R. 16-1. (Emphasis added). Copies of both charter agreements are attached to the Supplemental Affidavit. Id., ITEMS 1 & 2. Silvetti further states that Marine Surveys did not select, employ, provide or pay the captain or vessel crew of the Nigerian vessels and that neither Silvetti, Marine Surveys, LLC, Silvetti Nigeria, or any other affiliated company owned or had an interest in the vessels.3 R. 16-1.

Relying on Caldwell v. Solus Ocean Systems, Inc, 734 F.2d 1121 (5th Cir.1984), Marine Surveys now contends that the statute does not extend to employers. In Caldwell, the plaintiff sued his employer, which was neither the owner nor the master of the vessel, but was the charterer of the vessel on which plaintiff worked. The court rejected the plaintiff's argument that the statute should be construed to extend to employers as well as those enumerated in the statute. Id. at 1122. While the court recognized that many seamen are now employed by someone other than the vessel owner or master, the court concluded that excluding employers from the statute "does not produce such an absurd result that we are persuaded to deviate from the plain and unambiguous statutory language." Id. at 1123.

Also, Silvetti now states it entered into a time charter agreement for the use of the subject vessels. Generally, in a time charter, "the vessel owner retains possession and control of the vessel; provides whatever crew is needed and is responsible for normal operating expenses. Further, in a time charter the owner fully equips and maintains the vessel, makes repairs as needed and provides insurance on the vessel." Walker v. Braus, 995 F.2d 77, 81 (5th Cir.1993). The statute places obligations on "the master or owner." An earlier section of the statute defines master as "the individual having command of a vessel" and owner as "the person to whom the vessel belongs." 46 U.S.C. § 10101(1). Thus, Silvetti contends, under Caldwell and the plain language of the statute it cannot be liable for penalty wages.

The Court finds the recent case of Kaluom v. Stolt Offshore, Inc., 474 F.Supp.2d 866, 878 (S.D.Tex.,2007), instructive on this issue. Kaluom involved a collective action brought by foreign seamen working in the Gulf of Mexico as riggers or pipe-facing machine operators, against their employer, an American company. Plaintiffs contended that their employer, who had entered into a time charter agreement for the use of the vessel, was the pro hac vice owner of the American vessel and was therefore liable for wage violations under the FLSA. Plaintiffs further contended that because their employer maintained full possession and control of the vessel, it was in fact the master of the vessel. Noting that under 46 U.S.C. § 10101(1), "a master is the individual having command of a vessel," the court held that the evidence presented enough of an issue of material fact to survive summary judgment. In particular, the court stated the plaintiff's deposition testimony and other evidence indicated the defendant supplied the foreign labor for the vessel, arranged to provide the food and cooks for the vessel, directed the performance of the activities aboard the vessel, and "most compelling," because one of the defendant's employees was the barge superintendent. Id.

While Marine Surveys argues that Caldwell should control in this case, the court in Caldwell did not consider whether or not the defendant was the master or the owner of the vessel. Instead the court stated, "because it is undisputed that [the defendant] was not the master or the owner of the vessel on which [the plaintiff] was employed, but was [the plaintiff's] employer, the sole issue before us is whether [the statute] extends to "employers. . . ." Caldwell at 1123. Here, the Service Agreements related to the charter of the M/V PRINCESS GERTRUDE and the M/V OMAS MESHACK include that Marine Surveys' payment for chartering the vessel was exclusive of meals for its personnel, fuel/lube oil and water, "all NPA pilotage charges, including port charges, dues, clearance (in and out), Local pilotage, Naval clearance" as well as "berthing in/outside Nigeria, Community settlement," "[a]ll expenses incurred on behalf of [Marine Surveys]."4 Plaintiff's affidavit states that he "worked as the Field Project Manager/Party Chief in Nigeria for Marine Surveys, LLC and his duties included directing the named vessels where they would conduct surveys or otherwise where the vessels would work." A Daily Progress Report dated February 13, 2014, indicates that Silvetti Nigeria, Sub Contractor, for Niger Dive Limited, Contractor, performed survey work on the M/V OMAS MESHACK for Chevron Nigeria Limited (CNL). R. 12-2. The Report further provides that the on board personnel included nine Silvetti Nigeria Survey personnel and eight M/V Omas Meshack vessel crew. Id. Plaintiff is listed as "Field Project Manager." Id.

The purpose of section 10313 is "to secure prompt payment of seaman's wages . . . and thus to protect them from the harsh consequences of arbitrary and unscrupulous action of their employers, to which, as a class, they are peculiarly exposed." Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 572 (1982). In light of this purpose, section 10313 and its predecessors have been liberally construed in favor of seamen. Isbrandtsen Co. v. Johnson, 343 U.S. 779, 781 (1952) ("Whenever congressional legislation in aid of seamen has been considered here, since 1872, the Court has emphasized that such legislation is largely remedial and calls for liberal interpretation in favor of seamen.").

After considering the foregoing law and jurisprudence, viewing the evidence in the light most favorable to Plaintiff, and resolving any inferences in Plaintiff's favor, the Court finds that there is a genuine dispute of material fact as to whether Marine Surveys, LLC was the master of the vessel(s) on which Plaintiff was employed. Accordingly,

IT IS ORDERED that defendant, Marine Surveys LLC's, Motion For Reconsideration And/Or New Trial [Rec. Doc. 74] is DENIED.

FootNotes

1. The Court admonishes counsel for Marine Surveys in that the irrelevant characterizations supporting his client and disparaging the Plaintiff are inappropriate and unprofessional. Moreover, the reply brief fails to address any new issues raised in Plaintiff's Opposition. In the future, leave to file such a pleading will be denied.
2. "[R]ule 56(c) requires neither an oral hearing nor advance notice of a `date certain' on which a motion for summary judgment is to be decided. . . ." Southwestern Bell Telephone Co. v. City of El Paso, 346 F.3d 541, 546 (5th Cir.2003).
3. The evidence in Silvetti's Supplemental Affidavit was obviously information known to him at the time his original affidavit was filed into the record of the motion for summary judgment.
4. The Service Agreement for the M/V OMAS MESHACK specifically states the charter payment is exclusive of "meals . . . hire surveys, tug assistance if required, community negotiation and cost, security and escort cost, customs formalities, all duties and taxes when required and all pennissions and licences."
Logged

I stand with the girl, Natalee Holloway.

"I can look back over the past 10 years and there were no steps wasted, and there are no regrets,'' she said. "I did all I knew to do and I think that gives me greater peace now." "I've lived every parent's worst nightmare and I'm the parent that nobody wants to be," she said.

Beth Holloway, 2015 interview with Greta van Susteren
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