Nieves v. Cooper Marine & Timberlands Corporation et al
| Kassandra Nieves |
| Cooper Marine & Timberlands Corporation, Logistics Services Inc and Steel Dynamics Columbus LLC |
| 3:2015cv00350 |
| November 3, 2015 |
| US District Court for the Eastern District of Arkansas |
| Jonesboro Office |
| Out of State |
| J. Leon Holmes |
| Marine |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
474
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)
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Filing
468
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)
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Filing
458
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)
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Filing
448
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)
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Filing
446
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)
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Filing
440
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)
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Filing
438
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)
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Filing
436
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)
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Filing
434
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)
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Filing
423
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)
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Filing
345
ORDER denying without prejudice all pending motions. Signed by Judge J. Leon Holmes on 12/1/2017. (jak)
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Filing
333
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)
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Filing
330
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)
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Filing
285
ORDER denying as moot 147 Motion in Limine. Signed by Judge J. Leon Holmes on 9/22/2017. (jak)
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Filing
283
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)
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Filing
240
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)
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Filing
239
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)
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Filing
238
OPINION AND ORDER denying 160 Motion for Summary Judgment. Signed by Judge J. Leon Holmes on 7/31/2017. (jak)
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Filing
223
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)
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Filing
221
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)
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Filing
186
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)
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Filing
175
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)
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Filing
128
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)
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Filing
104
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)
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Filing
86
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)
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Filing
62
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)
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Filing
50
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)
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Filing
19
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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