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Rich Marine Sales Inc. v. U.S.

Dredging Contractor's Claims Fall Within CDA, Are Dismissed Because Remedies Unexhausted

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ADDITIONAL CASESLuedtke Engineering Company, Cross-Claimant, v. The United States of America, Cross-DefendantDECISION AND ORDERINTRODUCTION Plaintiffs Rich Marine Sales, Inc. and Rich Marina Corp. (“Plaintiffs”) commenced this action on July 27, 2018, alleging that the United States of America (the “United States”) and Luedtke Engineering Company (“Luedtke”) (collectively, “Defendants”) negligently dredged the Black Rock Channel (the “Channel”) along the Niagara River in Buffalo, New York. (See Dkt. 1). On August 29, 2018, Luedtke filed an Answer to the Complaint and cross-claimed against the United States for indemnification and contribution in the event Luedtke was found liable to Plaintiffs. (Dkt. 10 at 17).Presently before the Court is the United States’ motion to dismiss the cross-claims for lack of subject matter jurisdiction, or, alternatively, for judgment on the pleadings for failure to state a claim. (Dkt. 16). For the following reasons, the United States’ motion is granted and Luedtke’s cross-claims are dismissed for lack of subject matter jurisdiction.BACKGROUND1Plaintiffs own and operate a marina on the Channel opposite the United States Army Corps of Engineers’ (the “Corps”) Channel Locks. (Dkt. 1 at 1). The Channel “accommodates pleasure craft and commercial vessels up to 625 feet long with drafts up to 21 feet.” (Id. at 20). Rich Marina Corp. owns 26 acres of property abutting the waterfront along the Channel (the “Property”), which includes the marina. (Id. at 18). The Property is protected by a “retaining wall,” referred to as the “Bulkhead,” which “serves as a barrier” between the Property and the Channel. (Id. at

4, 21).The Corps is responsible for maintaining and repairing the Channel and has previously contracted third parties to perform dredging operations within the waterway. (Id. at

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