Oliver et al v. M/V Barbary Coast et al
| Marc E. Oliver and T. M. Jemison Construction Co. |
| M/V Barbary Coast, Atchafalaya Marine, LLC and Rodd Cairns |
| Midsouth Bank, N.A. |
| Rodd Cairns, Atchafalaya Marine, LLC and M/V Barbary Coast |
| Midsouth Bank, N.A. |
| Eagle Inland Towing, LLC, Eagle River Towing, LLC and National Union Fire Insurance Company of Pittsburgh, PA |
| Atchafalaya Marine, LLC, Rodd Cairns and M/V Barbary Coast |
| Atchafalaya Marine, LLC, Rodd Cairns and M/V Barbary Coast |
| 1:2011cv00223 |
| May 3, 2011 |
| US District Court for the Southern District of Alabama |
| Mobile Office |
| Mobile |
| Kristi K. DuBose |
| William E. Cassady |
| Marine |
| 28 U.S.C. ยง 1333 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
248
ORDER ADOPTING REPORT AND RECOMMENDATIONS AS MODIFIED, re 216 MOTION to Dismiss for Lack of Jurisdiction filed by Point Clear Insurance Services, LLC is DENIED AS MOOT; {219} Motion for leave to amend complaint is DENIED AS FUTILE; (217) MOTION to Di smiss filed by Point Clear Insurance Services, LLC construed solely as a motion to dismiss is GRANTED and all claims against Point Clear are DISMISSED WITH PREJUDICE. All claims against Eagle River Towing LLC are DISMISSED WITHOUT PREJUDICE. Signed by Judge Kristi K. DuBose on 7/13/2012. (cmj)
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Filing
246
ORDER granting 243 Motion to Dismiss. Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC's claims against In Rem Defendant M/V BARBARY COAST are DISMISSED with prejudice with each party to bear his or its own costs and atty's fees, and Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC no longer asserts any claims against the monies currently held by the Clerk of Court from the sale of the vessel. Signed by Judge Kristi K. DuBose on 7/6/2012. (sdb)
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Filing
242
ORDER granting 241 Motion to Dismiss filed by plaintiff Marc E. Oliver. Signed by Judge Kristi K. DuBose on 6/26/2012. (cmj)
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Filing
239
ORDER granting 236 Motion to Dismiss by Intervenor Plaintiff Midsouth Bank.. Signed by Judge Kristi K. DuBose on 6/21/2012. (cmj)
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Filing
210
ORDER granting 207 Motion to Dismiss Claims with Prejudice filed by Atchafalaya Marine LLC and Rodd Cairns; granting 209 Motion to Dismiss Claims with Prejudice filed by Midsouth Bank. Signed by Judge Kristi K. DuBose on 4/11/2012. (cmj)
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Filing
204
ORDER granting 203 Motion to Dismiss and Defendants/Third-Party Plaintiffs Atchafalaya Marine, LLCand Rodd Cairns third-party claims against LouisianaLimestone & Logistics, LLC and/or Curtis Buford for breach of contract (Count X) and fraud inthe inducement (Count IX) (Doc. 60 at 18-19), are hereby DISMISSED with prejudice.. Signed by Judge Kristi K. DuBose on 4/4/2012. (cmj)
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Filing
193
Order re: motion to dismiss (Doc. 190). The portion of Louisiana Limestone and Bufords claims purportedly asserted against Eagle River Towing, LLC, EagleInland Towing, LLC, National Union Fire Insurance Company of Pittsburgh, PA, Garrell A.Chiasson , Sr., Quality Diesel Services, Inc. and/or Midsouth Bank, N.A., is MOOT because nosuch counterclaims exist in this case. As to Louisiana Limestone and Bufords request that theCourt release[only] certain of its claims against Cairns and Atchafalaya, one (1)counterclaim for breach of contract (Count Four) has been alleged against these parties, notmultiple claims as suggested. As such, the Court construes this request to release as a motionto dismiss this sole counterclaim with prejudice. Accordi ngly, that portion of the motion (Doc.190) is GRANTED such that Louisiana Limestone and Bufords breach of contract counterclaim(Count Four) against Cairns and Atchafalaya (as set forth in Doc. 107), is hereby DISMISSED with prejudice. Signed by Judge Kristi K. DuBose on 3/21/2012. (cmj)
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Filing
182
JUDGMENT entered awarding Southern Marine, as the Court-appointed Substitute Custodian for the M/V BARBARY Coast $9,460.00 to compensate for legitimate expenses as set out.. Signed by Judge Kristi K. DuBose on 3/13/2012. (copy to finance) (cmj)
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Filing
180
ORDER granting 69 Motion to Strike the jury demand in Atchafalaya/Cairns'Answer/Counterclaim and Second Amended Third-Party Complaint. Signed by Judge Kristi K. DuBose on 3/6/2012. (sdb)
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Filing
175
Order granting in part 173 MOTION for Extension of Time to Name Experts and Amend Pleadings filed by Rodd Cairns and Atchafalaya Marine, LLC. Amended Pleadings due by 3/29/2012. The parties shall have until 3/15/2012 to name experts. Signed by Magistrate Judge William E. Cassady on 2/28/2012. copies to parties. (sdb)
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Filing
156
ORDER entered that upon consideration, it is ORDERED that Midsouths (amended) motion (Docs. 117, 146) is GRANTED. As such, the Clerk of Court is ORDERED to pay the requested in custodia legis expenses from the proceeds of the sale of the M/V BARBARY COAST to Midsouth Bank, N.A., the U.S. Marshal, and Alex Lankford, Esq., as follows: 1) $6,962.47 payable to Midsouth Bank, N.A. (for insurance premiums); 2) $4,677.00 payable to Midsouth Bank, N.A. (for installation of the fire-detection system); 3) $1,515.00 payable to the U.S. Marshal (sales commission); and 4) $205.09 payable to Alex Lankford, Esq. (advertising costs). Signed by Judge Kristi K. DuBose on 11/18/2011. (mca)
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Filing
150
CONSENT JUDGMENT in favor of John Gobert against M/V Barbary Coast. Signed by Judge Kristi K. DuBose on 11/16/2011. (cmj)
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Filing
115
Order re: 103 Objection. Midsouth Bank, N.A.'s Motion for leave of Court to file its answer out of time (as contained within Doc. 103 ) is construed as unopposed and is accordingly GRANTED. Signed by Judge Kristi K. DuBose on 9/16/2011. copies to parties. (sdb)
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Filing
105
ORDER ADOPTING 96 REPORT AND RECOMMENDATIONS as follows: Defendant Rodd Cairns' motion to dismiss (doc. 48) is denied as moot. Any responses to Midsouth's motion for leave to file answr out of time (doc. 103) shall be filed on or before 9/14/11. Signed by Judge Kristi K. DuBose on 9/6/2011. (cmj)
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Filing
94
ORDER granting 54 Motion to Compel Substitute Custodian to Furnish Information as further set out. The Court ORDERS that, should the M/V BARBARY COAST need to be evacuated in the event Mobile is threatened by a hurricane or tropical storm, Southe rn Marine shall undertake such an evacuation as authorized by the COTP and the reasonable costs associated with that evacuation shall be authorized as in custodia legis expenses. The Court further ORDERS that any reasonable expenses associated with repairs required by the COTP before the vessel is allowed to be evacuated shall also be authorized as in custodia legis expenses. Signed by Magistrate Judge William E. Cassady on 8/25/2011. copies to parties. (sdb)
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Filing
58
ORDER finding as moot 29 Motion to Strike ; granting 39 Motion to Amend Complaint as set out. Signed by Judge Kristi K. DuBose on 7/28/2011. (cmj)
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