In the Matter of: Bertucci Contracting Co., L.L.C.
Petitioner: Bertucci Contracting Co., L.L.C.
Claimant: Daniel P Wagner, Shirley J Wagner, Michael J Appleton, Michelle H Appleton, Disposal Services, Inc. and Tammany Holding Company, LLC
Consol_claimant: Tammany Holding Company, LLC
Case Number: 2:2012cv00664
Filed: March 9, 2012
Court: US District Court for the Eastern District of Louisiana
Office: New Orleans Office
County: Jefferson
Presiding Judge: Carl Barbier
Presiding Judge: Daniel E. Knowles
Nature of Suit: Other Personal Property Damage
Cause of Action: 46 U.S.C. ยง 30504
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
August 19, 2015 Opinion or Order Filing 576 ORDER & REASONS: ORDERED that Limitation Petitioners Bertucci Contracting Co., LLC and NASDI, LLCs Motion to Dismiss/Motion for Summary Judgment (Rec. Doc. 538) is GRANTED. FURTHER ORDERED that Tammany Holding Company, LLC's claims against Limitation Petitioners in the above-captioned Limitation Action are hereby DISMISSED WITH PREJUDICE. FURTHER ORDERED that Tammany Holding Company, LLC's Motion to Lift Stay (Rec. Doc. 555) is DENIED. Signed by Judge Carl Barbier on 8/19/15. (Reference: 12-664, 12-697)(sek)
January 8, 2015 Opinion or Order Filing 474 ORDER & REASONS: denying 431 Motion to Bifurcate Issues at Trial. Signed by Judge Carl Barbier on 1/8/15. (Reference: all cases)(sek)
October 29, 2014 Opinion or Order Filing 427 ORDER & REASONS denying 380 Motion for Relief Based on Spoliation of Evidence. Signed by Judge Carl Barbier on 10/29/14. (Reference: all cases)(sek)
May 27, 2014 Opinion or Order Filing 323 ORDER that the 272 Motion to Compel is GRANTED IN PART and DENIED IN PART as set forth in document. The Court further denies all requests for fees and costs. Signed by Magistrate Judge Daniel E. Knowles, III on 5/27/14. (Reference: All Cases)(plh) Modified doc type on 5/27/2014 (plh).
November 5, 2013 Opinion or Order Filing 255 ORDER & REASONS: granting 134 Motion to Dismiss the Cross-Claim of Tammany Holding Co., L.L.C. pursuant to Fed. R. Civ. P. 12(b)(1) on the Basis of Eleventh Amendment Immunity filed by Office of Coastal Protection and Restoration State of Louisiana, Louisiana Department of Transportation and Development. FURTHER ORDERED that Tammany Holding Co., L.L.C.'s cross-motion against the State is hereby DISMISSED. Signed by Judge Carl Barbier on 11/5/13. (Reference: 12-664, 12-697)(sek, )
June 8, 2012 Opinion or Order Filing 126 ORDER & REASONS: For the foregoing reasons, Claimants' Motions, Rec. Docs. 70 , 73 , 87 , are GRANTED IN PART and DENIED IN PART as follows: (1) There is admiralty jurisdiction over the vessel-based claims relating to the vessels transiting the canal (vessel trespass claims, etc.). There is no admiralty jurisdiction over the land-based claims relating to the noise, dust, and vibrations emanating from the concrete crushing operation at the staging area. The Court further declines to exercise supplemental jurisdiction over the land-based claims. (2) Claimants' request for a more definite statement is denied. (3) The injunction will be relaxed with respect to the land-based claims. A separate order will issue to this effe ct. The injunction is maintained, for the time being, with respect to the vessel-based claims. The Court will consider relaxing this aspect of the stay if the appropriate stipulations are entered. (4) Privity and knowledge are merit issues not appropriate for resolution at this time. (5) Counsel should promptly advise the Court as to whether the Motion for Preliminary Injunction, Rec. Doc. 95 , is moot. SO ORDERED. Signed by Judge Carl Barbier on 6/8/12. (Reference: all cases)(sek, )
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Search for this case: In the Matter of: Bertucci Contracting Co., L.L.C.
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Petitioner: Bertucci Contracting Co., L.L.C.
Represented By: John F. Emmett
Represented By: Mark Andrew Hill
Represented By: Matthew F. Popp
Represented By: Jordan Nichole Teich
Represented By: Randolph J. Waits
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Claimant: Daniel P Wagner
Represented By: John L. Fontenot, Jr.
Represented By: Robert McMillin
Represented By: Stuart Housel Smith
Represented By: Michael G. Stag
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Claimant: Shirley J Wagner
Represented By: John L. Fontenot, Jr.
Represented By: Robert McMillin
Represented By: Stuart Housel Smith
Represented By: Michael G. Stag
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Claimant: Michael J Appleton
Represented By: John L. Fontenot, Jr.
Represented By: Robert McMillin
Represented By: Stuart Housel Smith
Represented By: Michael G. Stag
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Claimant: Michelle H Appleton
Represented By: John L. Fontenot, Jr.
Represented By: Robert McMillin
Represented By: Stuart Housel Smith
Represented By: Michael G. Stag
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Claimant: Disposal Services, Inc.
Represented By: Michelle A. Beaty-Gullage
Represented By: Virgil A. Lacy, III
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Claimant: Tammany Holding Company, LLC
Represented By: Lawrence R. Plunkett, Jr.
Represented By: Robert Seth Reich
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Consol_claimant: Tammany Holding Company, LLC
Represented By: Lawrence R. Plunkett, Jr.
Represented By: Robert Seth Reich
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