Oliver et al v. M/V Barbary Coast et al

Plaintiff: Marc E. Oliver and T. M. Jemison Construction Co.
Defendant: M/V Barbary Coast, Atchafalaya Marine, LLC and Rodd Cairns
Intervenor_plaintiff: Midsouth Bank, N.A.
Intervenor_defendant: Rodd Cairns, Atchafalaya Marine, LLC and M/V Barbary Coast
Counter_defendant: Midsouth Bank, N.A.
Thirdparty_defendant: Eagle Inland Towing, LLC, Eagle River Towing, LLC and National Union Fire Insurance Company of Pittsburgh, PA
Thirdparty_plaintiff: Atchafalaya Marine, LLC, Rodd Cairns and M/V Barbary Coast
Counter_claimant: Atchafalaya Marine, LLC, Rodd Cairns and M/V Barbary Coast
Case Number: 1:2011cv00223
Filed: May 3, 2011
Court: Alabama Southern District Court
Office: Mobile Office
County: Mobile
Presiding Judge: Kristi K. DuBose
Referring Judge: William E. Cassady
Nature of Suit: Marine
Cause of Action: 28:1333
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
July 16, 2012 248 Opinion or Order of the Court 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)
July 6, 2012 246 Opinion or Order of the Court 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)
June 26, 2012 242 Opinion or Order of the Court ORDER granting 241 Motion to Dismiss filed by plaintiff Marc E. Oliver. Signed by Judge Kristi K. DuBose on 6/26/2012. (cmj)
June 21, 2012 239 Opinion or Order of the Court ORDER granting 236 Motion to Dismiss by Intervenor Plaintiff Midsouth Bank.. Signed by Judge Kristi K. DuBose on 6/21/2012. (cmj)
April 11, 2012 210 Opinion or Order of the Court 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)
April 5, 2012 204 Opinion or Order of the Court 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)
March 21, 2012 193 Opinion or Order of the Court 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)
March 13, 2012 182 Opinion or Order of the Court 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)
March 6, 2012 180 Opinion or Order of the Court 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)
February 28, 2012 175 Opinion or Order of the Court 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)
November 18, 2011 156 Opinion or Order of the Court 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)
November 16, 2011 150 Opinion or Order of the Court CONSENT JUDGMENT in favor of John Gobert against M/V Barbary Coast. Signed by Judge Kristi K. DuBose on 11/16/2011. (cmj)
September 16, 2011 115 Opinion or Order of the Court 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)
September 6, 2011 105 Opinion or Order of the Court 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)
August 25, 2011 94 Opinion or Order of the Court 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)
July 28, 2011 58 Opinion or Order of the Court 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)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Alabama Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Oliver et al v. M/V Barbary Coast et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Marc E. Oliver
Represented By: Frank L. Parker, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: T. M. Jemison Construction Co.
Represented By: Frank L. Parker, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: M/V Barbary Coast
Represented By: Margaret M. Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Atchafalaya Marine, LLC
Represented By: Margaret M. Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Rodd Cairns
Represented By: Margaret M. Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Intervenor_plaintiff: Midsouth Bank, N.A.
Represented By: Alex F. Lankford, III
Represented By: Paul Thomas Beckmann
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Intervenor_defendant: Rodd Cairns
Represented By: Margaret M. Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Intervenor_defendant: Atchafalaya Marine, LLC
Represented By: Margaret M. Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Intervenor_defendant: M/V Barbary Coast
Represented By: Margaret M. Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Counter_defendant: Midsouth Bank, N.A.
Represented By: Alex F. Lankford, III
Represented By: Paul Thomas Beckmann
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Thirdparty_defendant: Eagle Inland Towing, LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Thirdparty_defendant: Eagle River Towing, LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Thirdparty_defendant: National Union Fire Insurance Company of Pittsburgh, PA
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Thirdparty_plaintiff: Atchafalaya Marine, LLC
Represented By: Margaret M. Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Thirdparty_plaintiff: Rodd Cairns
Represented By: Margaret M. Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Thirdparty_plaintiff: M/V Barbary Coast
Represented By: Margaret M. Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Counter_claimant: Atchafalaya Marine, LLC
Represented By: Margaret M. Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Counter_claimant: Rodd Cairns
Represented By: Margaret M. Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Counter_claimant: M/V Barbary Coast
Represented By: Margaret M. Miller
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?