Starr Indemnity & Liability Company v. Continental Cement Company, LLC et al
| Starr Indemnity & Liability Company |
| Summit Materials, LLC and Continental Cement Company, LLC |
| 4:2011cv00809 |
| May 9, 2011 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - County |
| Rodney W. Sippel |
| Marine |
| 28 U.S.C. ยง 1333 |
| None |
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Filing
204
MEMORANDUM AND ORDER:IT IS HEREBY ORDERED that Plaintiffs Bill of Costs 196 is DENIED, in part, and GRANTED, in part. IT IS FURTHER ORDERED that costs are taxed against Defendants Continental Cement Company, L.L.C. and Summit Materials, L.L.C.and in favor of Plaintiffs Starr Indemnity and Liability Company and New York Marine & General Insurance Company in the amount of $15,244.92. IT IS FINALLY ORDERED that execution on this Bill of Costs award be stayed pending the outcome of Continentals appeal. Signed by District Judge John A. Ross on 6/21/2013. (RAK)
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Filing
177
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs Starr Indemnity & Liability Company and New York Marine & General Insurance Company's Motion for Sanctions 135 is DENIED and Continental's and Summit's Motions in Limine 164 is GRANTED, in part. IT IS FURTHER ORDERED that Starr's Motion in Limine as it relates to costs to transport cement 166 is GRANTED. Signed by District Judge John A. Ross on 4/23/13. (ARL)
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Filing
161
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Continental Cement Company, L.L.C. and Summit Materials, L.L.C.'s Motion to Exclude Expert Opinions and Computer-Based Modeling of William Manley 101 and Continentals Daubert Motion to Exclude Tom Rollins 109 are DENIED, in part, and GRANTED, in part, as discussed herein. IT IS FURTHER ORDERED that Starr Indemnity & Liability Company and New York Marine & General Insurance Company's Daubert Motion to Exclude John Tylawsky 103 is D ENIED. IT IS FURTHER ORDERED that Continental's Motion for Partial Summary Judgment that "Due Diligence" is Not a Defense to Coverage Under the Perils Clause of the Hull Policy 87 , Motion for Partial Summary Judgment on Wreck Removal 97 , Motion for Partial Summary Judgment on Starrs Contention and Affirmative Defenses that the Policies are Void 99 are DENIED. IT IS FINALLY ORDERED that Starr's Motion for Partial Summary Judgment 107 and Starr's Motion to Exclude Corps' Witnesses and Letter 104 are DENIED. Continental shall provide Starr with Continental's redacted attorneys' fees invoices within three (3) days. ( Response to Court due by 4/12/2013.) Signed by District Judge John A. Ross on 4/9/13. (ARL)
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Filing
130
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiff Starr Indemnity & Liability Company and New York Marine & General Insurance Company's Emergency Motion for Ex Parte Order, Prompt Hearing and to Preserve Evidence 129 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Continental Cement Company and Summit Materials, L.L.C. keep Starr apprised of all plans to alter the Mark Twain barge, including any plans for removing the barge. IT IS FURTHER ORDERED that, prio r to any removal and/or destruction of the Mark Twain barge, Starr will have an opportunity to inspect the starboard #3 wingtank, and Starr will pay any and all reasonable costs associated with the inspection. IT IS FINALLY ORDERED that the Plaintiffs' Motion is DENIED in all other respects.. Signed by District Judge John A. Ross on 2/20/13. (LGK)
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Filing
95
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion to Compel 73 is GRANTED, in part, and DENIED, in part. Plaintiffs shall provide the reserves amount related to Defendants' claim within seven (7) days of the date of this Order. Defendants' Motion is denied in all other respects. IT IS FURTHER ORDERED that Plaintiffs' Motion to Compel Attorneys' Fees Invoices 82 is DENIED without prejudice. Plaintiffs may reassert this Motion after the Court rules on any dispositive motions.. Signed by District Judge John A. Ross on 12/3/12. (LGK)
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Filing
69
MEMORANDUM AND ORDER - This matter is before the Court on Plaintiffs' Motion to Compel Inspection of Mark Twain (ECF No. 66). Plaintiffs ask for an "unencumbered inspection of the Mark Twain." (Id., p. 1). That is, Plaintiffs want thei r diver to inspect the Mark Twain without another diver present in the water. (Id., 2-5). Defendant, however, desires to have its own diver present during the inspection and states that it is "entitled to have its own diver enter the water at th e site of the barge during theinspection." (Id., 7; see also ECF No. 68, p. 4 ("Continental is simply requesting that it have a representative present in the water, or, at the very least, on the tender and/or stationary dock barge to observ e Starrs diver."). During the telephone conference with the Court, the parties agreed that Plaintiffs' diver could have unrestricted access to the Mark Twain, without another diver in the water. Defendant could have another diver present at the inspection along with others including a marine surveyor, but Defendant's diver cannot enter the water at the same time that Plaintiffs diver performs his inspection. Defendant's diver can enter the water after Plaintiffs' diver c oncludes his inspection. Defendants boat should not operate above the barge during Plaintiffs' diver's inspection, or in any way impede Plaintiffs' diver's inspection or risk the safety of Plaintiffs' diver. The Parties are ordered to cooperate and coordinate activities to insure the safety of all participants. Signed by District Judge John A. Ross on 7/23/12. (LAH)
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Filing
47
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that United States Army Corps of Engineers' Motion to Dismiss (ECF No. 40) is GRANTED. The United States Army Corps of Engineers is DISMISSED from this action. Signed by Honorable John A. Ross on 3/29/12. (LAH)
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Filing
21
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion to Strike [# 17 -1] and Motion to Dismiss [#17-2] are DENIED. IT IS FURTHER ORDERED that defendants shall file their answer and any counter claims to plaintiffs' amended complaint within twenty (20) days of the date of this Order. IT IS FURTHER ORDERED that plaintiffs motion to add party [# 20 ] is granted. Signed by Honorable Rodney W. Sippel on 10/13/11. (ARL)
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