Nieves v. Cooper Marine & Timberlands Corporation et al

Plaintiff: Kassandra Nieves
Defendant: Cooper Marine & Timberlands Corporation, Logistics Services Inc and Steel Dynamics Columbus LLC
Case Number: 3:2015cv00350
Filed: November 3, 2015
Court: Arkansas Eastern District Court
Office: Jonesboro Office
County: Out of State
Presiding Judge: J. Leon Holmes
Nature of Suit: Marine
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

Available Case Documents

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

Date Filed#Document Text
May 8, 2018 474 Opinion or Order of the Court ORDER OF DISMISSAL. This case is dismissed with prejudice pursuant to settlement. The Court retains jurisdiction for 30 days to vacate this Order and to reopen the action if it is satisfactorily shown that settlement has not been completed and further litigation is necessary. Signed by Judge J. Leon Holmes on 5/8/2018. (jak)
April 18, 2018 468 Opinion or Order of the Court AMENDED JUDGMENT pursuant to 466 Findings of Fact and Conclusions of Law judgment is entered in favor of Cooper Marine & Timberlands Corporation against Logistic Services, Inc., Kinder Morgan Bulk Terminals, Inc., and Kinder Morgan Marine Services, LLC, jointly and severally, in the amount of $433,087.49, plus post-judgment interest to accrue at the rate of 2.12% per annum, for all of which garnishment and execution may issue. Signed by Judge J. Leon Holmes on 4/18/2018. (jak)
March 15, 2018 458 Opinion or Order of the Court ORDER: The parties will file simultaneous post-trial briefs on 3/28/2018. Logistic Services Inc and the Kinder Morgan entities must file motions for judgment as a mater of law by 3/28/2018. Response briefs must be filed no later than 4/4/2018. Signed by Judge J. Leon Holmes on 3/15/2018. (jak)
March 12, 2018 448 Opinion or Order of the Court ORDER granting 444 Motion. All claims asserted against Steel Dynamics are hereby dismissed with prejudice, and Steel Dynamics is dismissed from this action. Signed by Judge J. Leon Holmes on 3/12/2018. (jak)
March 8, 2018 446 Opinion or Order of the Court ORDER for the reasons stated in the 431 Opinion and Order, the Court enters summary judgment in favor of Steel Dynamics Columbus, LLC, on the tort indemnity claims of Cooper Marine & Timberlands Corporation. Cooper Marine's tort indemnity claims against Steel Dynamics are hereby dismissed with prejudice. Signed by Judge J. Leon Holmes on 3/8/2018. (jak)
March 1, 2018 440 Opinion or Order of the Court ORDER determining that the bench trial in this case will begin at+ 9:00 a.m. Monday, 3/12/2018, in Courtroom #324 E.C. "Took" Gathings Federal Courthouse, 615 South Main Street, in Jonesboro, Arkansas. Counsel and parties should be present by 8:30 a.m. Signed by Judge J. Leon Holmes on 3/1/2018. (jak)
February 28, 2018 438 Opinion or Order of the Court ORDER granting 437 Motion. No party will introduce evidence or elicit testimony concerning the subsequent remedial measures taken by Logistic Services for the loading and stowing of steel coils for shipment on inland river barges. Signed by Judge J. Leon Holmes on 2/28/2018. (jak)
February 21, 2018 436 Opinion or Order of the Court ORDER scheduling a pretrial telephone conference for 3/1/2018 at 9:30 a.m. Signed by Judge J. Leon Holmes on 2/21/2018. (jak)
February 20, 2018 434 Opinion or Order of the Court AMENDED ORDER denying without prejudice 359 , 385 , and 417 Motions in Limine. The Court can best assess the admissibility and probative value of the evidence regarding Barge BIG 9911B on a full evidentiary record after the trial has been complete. Signed by Judge J. Leon Holmes on 2/20/2018. (jak)
February 8, 2018 423 Opinion or Order of the Court ORDER denying without prejudice 359 and 417 Motions in limine. The Court can best assess the admissibility and probative value of the evidence regarding Barge BIG 9911B on a full evidentiary record after the trial has been complete. Signed by Judge J. Leon Holmes on 2/8/2018. (jak)
December 1, 2017 345 Opinion or Order of the Court ORDER denying without prejudice all pending motions. Signed by Judge J. Leon Holmes on 12/1/2017. (jak)
October 26, 2017 333 Opinion or Order of the Court ORDER granting 332 Motion. The amended cross-claims must be filed within 7 days from the entry of this Order. Signed by Judge J. Leon Holmes on 10/26/2017. (jak)
October 20, 2017 330 Opinion or Order of the Court ORDER pursuant to a status conference by telephone, the parties have waived a jury trial and request a continuance. That request is granted. The present scheduling order is set aside, and this case is removed from the trial docket for the week of 11/6/2017. The case will be rescheduled for a bench trial by a separate scheduling order, which will establish new deadlines for pretrial submissions. Signed by Judge J. Leon Holmes on 10/20/2017. (jak)
September 22, 2017 285 Opinion or Order of the Court ORDER denying as moot 147 Motion in Limine. Signed by Judge J. Leon Holmes on 9/22/2017. (jak)
September 21, 2017 283 Opinion or Order of the Court ORDER directing the parties file a status report on or before 9/27/2017. The status report must include the date and result of any settlement conference, the settlement prospects, and an estimate of the length of trial. The parties may join in a single status report or the separate parties may file separate status reports. Signed by Judge J. Leon Holmes on 9/21/2017. (jak)
August 17, 2017 240 Opinion or Order of the Court OPINION AND ORDER granting Cooper Marine's motion for summary judgment, and granting in part and denying in part Kinder Morgan Marine Services's motion for summary judgment. Document # 135 and document # 157 . Signed by Judge J. Leon Holmes on 8/17/2017. (jak)
August 11, 2017 239 Opinion or Order of the Court OPINION AND ORDER denying in part and granting in part defendants' motions for summary judgment. Documents # 130 , 132 , 138 , 141 , 144 , 157 , 163 , and 166 . Any claims based on the unseaworthiness of the vessels of Cooper Marine or K inder Morgan Marine Services are dismissed with prejudice. Nieves's claims for recovery of mental anguish are dismissed with prejudice. Nieves's claims on behalf of nondependent beneficiaries are dismissed with prejudice. Nieves's clai ms for loss of life damages is dismissed with prejudice. Nieves's claims for punitive damages are dismissed with prejudice. Nieves's claims for loss of society damages under general maritime law are not dismissed. Signed by Judge J. Leon Holmes on 8/11/2017. (jak)
July 31, 2017 238 Opinion or Order of the Court OPINION AND ORDER denying 160 Motion for Summary Judgment. Signed by Judge J. Leon Holmes on 7/31/2017. (jak)
July 7, 2017 223 Opinion or Order of the Court ORDER denying as moot the pending motions listed herein pursuant to stipulation of the parties. Signed by Judge J. Leon Holmes on 7/7/2017. (jak)
June 27, 2017 221 Opinion or Order of the Court ORDER: For the reasons stated in the Opinion and Order entered on June 8, 2017, the motion for summary judgment filed by third-party defendant Temps Plus, Inc. 110 , and the motion for summary judgment filed by Dawson Employment Service, Inc. 113 , are granted. Signed by Judge J. Leon Holmes on 6/27/2017. (jak)
June 26, 2017 186 Opinion or Order of the Court LETTER ORDER directing counsel to confer and file a stipulation of dismissal as to any motions that are moot due to settlement by the end of the week. Signed by Judge J. Leon Holmes on 6/26/2017. (jak)
June 8, 2017 175 Opinion or Order of the Court ORDER granting 121 and 124 motions for summary judgment filed by Temps Plus Inc, and Dawson Employment Service Inc. The third-party complaints filed by Steel Dynamics Columbus, LLC, Logistic Services, Inc., and Cooper Marine & Timberlands Corporation against Temps Plus, Inc., and Dawson Employment Service, Inc., are dismissed with prejudice. Summary judgment is also entered in favor of Kinder Morgan Energy Partners, L.P. Signed by Judge J. Leon Holmes on 6/8/2017. (jak)
May 16, 2017 128 Opinion or Order of the Court ORDER granting 127 Motion for Extension of Time. Temps Plus must file its reply on or before 5/25/2017. Signed by Judge J. Leon Holmes on 5/16/2017. (jak)
December 14, 2016 104 Opinion or Order of the Court OPINION AND ORDER denying Kinder Morgan Energy Partners and Kinder Morgan Bulk Terminals' motions for summary judgment, document number 98 in case 3:15- cv-00225 and document number 84 in case 3:15-cv-00350. Signed by Judge J. Leon Holmes on 12/14/2016. (jak)
October 21, 2016 86 Opinion or Order of the Court ORDER: These cases are scheduled for trial beginning 4/3/2017 and 4/24/2017. The motions for continuance are granted; Document number 96 in case 3:15-cv-00225 and document number 83 in case 3:15-cv-00350. Case No. 3:15-cv-00225 is removed from the trial docket for the week of 4/3/2017. Case No. 3:15-cv-00350 is removed from the trial docket for the week of 4/24/2017. The scheduling orders in those cases are hereby set aside. New scheduling orders will be entered separately. Signed by Judge J. Leon Holmes on 10/21/2016. (jak)
September 2, 2016 62 Opinion or Order of the Court ORDER granting the request for a stay. The deposition may not be conducted until the Court rules on the motion for protective order. Plaintiff's are directed to file their response to the motion for protective order as promptly as possible. Signed by Judge J. Leon Holmes on 9/2/2016. (jak)
August 15, 2016 50 Opinion or Order of the Court ORDER granting 46 Motion for Reconsideration. Cooper Marine & Timberlands Corporation is given leave to file a third party complaint against Dawson Employment Service Inc. and Temps Plus Inc. The third party complaint must be filed within seven days from the entry of this Order. Signed by Judge J. Leon Holmes on 8/15/2016. (jak)
January 20, 2016 19 Opinion or Order of the Court ORDER granting 18 Motion to Consolidate Cases for discovery purposes only. Case No. 3:15-CV-00170-JLH will be the lead case. Signed by Judge J. Leon Holmes on 1/20/2016. (jak)

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Plaintiff: Kassandra Nieves
Represented By: Erica F. Blume
Represented By: Timothy M. Cronin
Represented By: Myles D. McDonnell
Represented By: John G. Simon
Represented By: John M. Simon
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Defendant: Cooper Marine & Timberlands Corporation
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Defendant: Logistics Services Inc
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Defendant: Steel Dynamics Columbus LLC
Represented By: Gregory W. O'Neal
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