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HEBERT V. OMEGA PROTEIN, INC. et al Complaint

HEBERT V. OMEGA PROTEIN, INC. et al Complaint

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Published by: ACELitigationWatch on Apr 10, 2013
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Case
l:13-cv-00107-HSO-RHW
Document
1 Filed 04/05/13 Page 1 of 13
FORIN THE UNITED STATES
DISTRICT^URTR
THE
SOURTHERN
DISTRICT OF MISSISSIP ISOUTHERN DIVISION
SOOTHFRN
DISTRICT OF MISSISSIPPI
APR-52013
J T
N08LIN CLERK
BY DEPUTY
i-vNTWIA
R HEBERT, INDIVIDUALLY;
A^A^THE
PERSONAL REPRESENTATIVE
ANS
MOTHERO*CHRISTOPHER
ALLEN HEBERTDECEASED; AND ON
BEHALF OF HIS
RIGHTFUL BENEFICIARIES AT LAWVERSUSPLAINTIFFS
CAUSE
NO.:
j^Ll±DJd*2
^ « u
SSSSESKSU.oo-PA.nr,
SS AND JANE DOES
A;
B;
C;
D;
E
;
F;
AND
G
DEFENDANTS
rOMPLATNT
(JURY TRIAL REQUESTED)COME NOW THE PLAINTIFFS, by and through undersigned counsel, and file
.heir
Contain,
against Defendants Omega Protein,
,„e,
ACE American fi_ Company;
ES,S,
Inc
,
and
Jo
hn
and
,ane
DoesA-O,and in support thereof
wou,d
show the Court as follows:PARTIES
Pla
i
n
fi
ff
Cyn,
h
iaR.
Herbert
is the
natura,
mother
and the
persona,
representative of the
wrongfu.
dea
,h benefices
of
Chfistopher Afien
Hebert,
deceased,
whieh ine,nde Wiiiiant
E.
Hebert,
natural father; Evan
R.
Heb*rL
brother; and Heather
R.
Smith, sister.
2
Defendant Omega Protein, fine, (hereafter
"Omega
Protein") is a
fore.gn eorponationgrated
in the
Commonweauh
of
Virgin!,
doing business in the State ofMississ.ppi,
andemitted
a
tor,
in the State of Mississippi. Defendant Omega Protein,
,ne,s
pfincipa,
p.ace of
!•**»
 
Case
l:13-cv-00107-HSO-RHW
Document 1 Filed 04/05/13 Page 2 of 13
served with process on its registered agent for service of process CT Corporation System, 645Lakeland East Dr., Suite 101, Flowood, Mississippi 39232 in the time and manner prescribed bylaw.
3.
Defendant ACE American Insurance Company (hereafter "ACE American") is a foreigninsurance company doing business in the State of Mississippi, and committed a tort in the Stateof Mississippi. Defendant ACE American is located at 436 Walnut Street, Philadelphia,Pennsylvania
19106
and may be served with process on its registered agent for service of processCT Corporation System, 645 Lakeland East Dr., Suite 101, Flowood, Mississippi 39232 in thetime and manner prescribed by law.
4.
Defendant ESIS, Inc. (hereafter "ESIS") is a foreign corporation doing business in theState of Mississippi, and committed a tort in the State of Mississippi. Defendant ESIS is locatedat 436 Walnut Street, Philadelphia, Pennsylvania
19106,
and may be served with process on itsregistered agent for service of process CT Corporation System, 645 Lakeland East
Dr.,Suite
101,
Flowood, Mississippi 39232, in the time and manner prescribed by law. Based on informationand
belief,
ESIS is a wholly owed, controlled and operated subsidiary of ACE AmericanInsurance Company, or they are "sister companies" of ACE Group.
5.
Defendants John and Jane Does A-G are individuals, corporations, or other entities thatcaused or contributed to the injuries and damages of the Plaintiffs addressed herein, but whoseidentities are at present unknown to the Plaintiffs. Plaintiffs will amend their Complaint at afuture date to properly identify John and Jane Doe Defendants, if any, once their true identity(s)are learned, and their liability ascertained.
a*
 
Case
l:13-cv-00107-HSO-RHW
Document 1 Filed 04/05/13 Page 3 of 13
JURISDICTION AND
VENUE6. This Court has subject matter jurisdiction under the provision of Title 28, United StatesCode § 1332, in that this suit is a civil action between citizens of different States wherein thematter and actual controversy exceeds the sum value of $75,000.00, exclusive of interest and
costs.7.
Venue in this civil action is appropriate in this Court pursuant to Title 28, United StatesCode § 1391, as a substantial part of the events or omissions giving rise to the claims of thePlaintiffs occurred in the Southern Division of this Court specifically Moss Point, Mississippi.
FACTS
8. By reference, each of the preceding paragraphs are adopted and incorporated herein.9. As of April 9, 2012, Christopher Hebert, deceased, had been an employee at OmegaProtein's Moss Point, Mississippi
fish
processing facility for approximately three years. Duringthat time, Christopher worked in the maintenance department and performed generalmaintenance tasks at the facility as directed by his supervisors at Omega Protein. During thetime Christopher worked at Omega Protein, Christopher contacted his supervisors at the MossPoint facility, as well as the corporate offices of Omega Protein in Houston, Texas, and reportedwhat he believed to be unreasonably unsafe and dangerous working conditions that existed at theMoss Point facility. Based on information and
belief,
no actions were taken to improve and/orcure the unsafe and dangerous working conditions that were presented at the Moss Point facility.
10.
Upon information and
belief,
because Christopher's reports of unsafe and dangerouswork conditions were not acted upon by Omega Protein, Christopher began to discuss with otheremployees and management the need to unionize the workers at the Moss Point facility.Christopher began the process of unionization by having the employees sign a petition.
II9&

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