Power Authority of the State of New York v. M/V Ellen S. Bouchard et al
| Power Authority of the State of New York |
| Bouchard Transportation Co., Inc., Motor Tug ELlen S. Bouchard, Inc. and B. No. 280 Corp. |
| 1:2014cv00617 |
| January 31, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Albany |
| Paul A. Crotty |
| Other Personal Property Damage |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
182
CONSENT ORDER OF DISMISSAL WITH PREJUDICE: These case came before the Court upon the statements of counsel and the entire record of these matters. The Court has been advised by counsel that all matter and controversies in these cases have been resolved and that the cases have been settled. IT IS THEREFORE ORDERED THAT as to Power Authority of the State of New York v. ELLEN S. BOUCHARD, and the Barge B No. 280, their engines, apparel, tackle, boats, appurtenances etc., in rem, and Bouch ard Transportation Co., Inc., Motor Tug Ellen S. Bouchard, Inc., and B No. 280 Corp., in personam Case No. 1: 14-cv-00617 (PAC) all claims asserted by the Plaintiff against the Defendant in this case are dismissed with prejudice and that ea ch part will bear their respective fees and costs; and IT IS FURTHER ORDERED THAT as to In re Bouchard Transportation Co. Inc. Motor Tug Ellen S. Bouchard Inc. and B No. 280 Corporation, as Owners, Owner Pro Hac Vice, and Operator of the: B arge B No. 280 and Tug Ellen S. Bouchard, Case No. 1: 14-cv-01262 (P) all claims as asserted by the Limitation Plaintiffs and Limitation Defendant/Claimants in this case are dismissed with prejudice and that each party will bear their respecti ve fees and costs; and, IT IS FURTHER ORDERED THAT in Case No. 1:14-cv-01262 (PAC) the Amended Ad Interim Stipulation for Value in the Form of a Letter of Undertaking (Doc. No. 58) dated August 28 2014 submitted by the American Steamship Owne rs Mutual Protection and Indemnity Association Inc. ("American Club") as it undertaking for the value of the Tug Ellen S. Bouchard in principal amount of $4,088,200 to stand as security for claims asserted in this action is a nd shall be rescinded shall be deemed to be fully discharged and shall thereafter be considered to be null and void and IT IS FURTHER ORDERED THAT in Case No. l:14-cv-01262 (PAC), the Amended Ad Interim Stipulation for Value in the Form of a L etter of Undertaking (Doc. No. 64), dated October 14, 2014, submitted by the American Club as its undertaking for the value of the Barge B No. 280 in principal amount of $15,000,000 to stand as security for claims asserted in this action is a nd shall be rescinded, shall be deemed to be fully discharged and shall thereafter be considered to be null and void; and, IT IS FURTHER ORDERED THAT as to Power Authority of the State of New York v. M/V ELLEN S. BOUCHARD, and the Barge B No. 280, t heir engines, apparel, tackle, boats, appurtenances, etc., in rem, and Bouchard Transportation Co., Inc., Motor Tug Ellen S. Bouchard, Inc., and B No. 280 Corp., in personam, Case No. 1:14-cv-04462 (PAC) all claims asserted by the Plaintiff agains t the Defendants in this case are dismissed with prejudice and that each party will bear their respective fees and costs; and, IT IS FURTHER ORDERED THAT in Case No. 1:14-cv-04462 (PAC), the Letter of Undertaking, dated September 11, 2014, provide d by the American Club to the Plaintiff in principal amount of $10,000,000 to stand as security for the in rem claims asserted in this action is and shall be rescinded. shall be deemed to be fully discharged and shall thereafter be considered to be null and void. SO ORDERED. (Signed by Judge Paul A. Crotty on 2/9/2021) (ks) Transmission to Finance Unit (Cashiers) for processing.
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Filing
180
ORDER terminating 131 Motion in Limine; terminating 134 Motion in Limine; terminating 137 Motion in Limine; terminating 140 Motion in Limine; terminating 143 Motion in Limine; terminating 146 Motion in Limine. The pending motions are marked off the calendar. The matter has been settled but Bouchard has declared bankruptcy. SO ORDERED. (Signed by Judge Paul A. Crotty on 10/9/2020) (ks)
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Filing
127
OPINION & ORDER re: (155 in 1:14-cv-01262-PAC) MOTION for Summary Judgment . filed by Bouchard Transportation Co., Inc., B. No. 280 Corporation, Motor Tug Ellen S. Bouchard Inc., (98 in 1:14-cv-00617-PAC) MOTION for Summary Jud gment . filed by Bouchard Transportation Co., Inc., B No. 280, the barge, M/V Ellen S. Bouchard, B. No. 280 Corp., Motor Tug ELlen S. Bouchard, Inc., (158 in 1:14-cv-01262-PAC) MOTION for Partial Summary Judgment . filed by The Long Island Lighting Company d/b/a LIPA, Talbot Underwriting (US) Ltd., National Union Fire Insurance Company of Pittsburgh, PA, Princeton Excess & Surplus Lines Insurance Company, Aspen Specialty Insurance Company, Associated Elec tric & Gas Insurance Services Limited, Navigators Management Company, Inc., New York on behalf of Lloyd's Syndicates: 1221 Navigators, 4000 Pembroke and 2015 Channel, Power Authority of the State of New York, Westport Insurance Corporation , Brit UW Limited, Energy Insurance Mutual, (101 in 1:14-cv-00617-PAC) MOTION for Partial Summary Judgment . filed by Power Authority of the State of New York, (152 in 1:14-cv-01262-PAC) MOTION for Summary Judgment Dismissing Claims asserted by LIPA. filed by B. No. 280 Corporation, Bouchard Transportation Co., Inc., Motor Tug Ellen S. Bouchard Inc. NYPA's motion for partial summary judgment denying Bouchard entitlement to exoneration or limitation is DENI ED. Bouchard's motion for partial summary judgment finding NYPA comparatively negligent for spoliation is DENIED, and Bouchard's motion for summary judgment dismissing claims asserted by LIPA is GRANTED. The Clerk of the Court is instructed to close the motions at Dkts. 152, 155 and 158 on 14-cv-1262 and Dkts. 98 and 101 on 14-cv-0617. SO ORDERED., (The Long Island Lighting Company d/b/a LIPA terminated.) (Signed by Judge Paul A. Crotty on 3/27/19) (yv)
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Filing
88
OPINION AND ORDER. The Court awards the following relief: 1. The Byrd report is stricken, and Byrd is disqualified from further involvement in this matter; 2. Defendants and its counsel are ordered to pay Prysmian's reasonable attorney's fees for all activity undertaken in response to Defendants' violation of the Confidentiality Order; 3. Defendants and their counsel are enjoined from future violations of the Confidentiality Order, and they are ordered to disclose the scope of their existing violations; 4. Byrd is ordered to return all AEO material to Prysmian; 5. Byrd is enjoined from disseminating any confidential information he may have learned; and 6. Byrd is ordered to disclose to Prysmian any client consultations he has in the next six months. So Ordered. (Signed by Judge Paul A. Crotty on 3/28/18) (yv)
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