LaShip, LLC v. Hayward Baker Inc.
| LaShip, LLC |
| Hayward Baker Inc. |
| Hayward Baker Inc. |
| LaShip, LLC |
| 2:2011cv00546 |
| March 9, 2011 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Terrebonne |
| Lance M Africk |
| Sally Shushan |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
232
ORDER & REASONS: Before the Court is Defendant's motion to strike certain testimony given by Plaintiffs' witness Joseph Waxse, who was designated as a Rule 26(a)(2)(C) witness (an expert who was not required to produce a report) prior to tr ial and was the subject of a motion in limine; as set forth in document, because evidence revealed at trial demonstrates that, at least with respect to his testimony regarding Phase II, Mr. Waxse should have filed a report pursuant to pursuant to Rul e 26(a)(2)(B), IT IS HEREBY ORDERED that Defendant's 180 motion to exclude certain testimony from Joseph Waxse is GRANTED. IT IS FURTHER ORDERED the testimony of Joseph Waxse regarding Phase II and corresponding to Record Document 218-1 at 100:4100:15, 101:19102:12, 103:2104:11,131:23149:8, 152:24153:25, and 154:22159:2 is stricken from the record. Signed by Judge Nannette Jolivette Brown on 11/13/2013. (rll, ) Modified on 11/13/2013 to edit doc type (rll, ).
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Filing
206
ORDER: Before the Court is Hayward Baker, Inc.'s (HBI) "Motion in Limine to Exclude the Testimony of Plaintiffs' Expert, Peter Nicholson (Rec. Doc. 142). After considering the pleadings, the pending motion, the memorandum in support, the opposition, the record, and the applicable law, for the reasons stated, IT IS HEREBY ORDERED that the motion is GRANTED IN PART AND DENIED IN PART. Testimony relating to Phases II and III shall not be excluded in its entirety. Testimony expressin g an opinion as to the cause of foundation settlement on Phases I, II, and III shall be excluded. Testimony that HBI "breach its contractual obligations" or "breached the applicable standard of care" shall be excluded to the extent necessary to prevent the witness from making legal conclusions. Signed by Judge Nannette Jolivette Brown on 10/25/2013. (rll, ) Modified on 10/25/2013 to edit doc type (rll, ).
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Filing
193
ORDER: before the Court is defendant Hayward Baker, Inc.'s ("HBI") 143 Motion for Partial Summary Judgment: for the reasons stated herein, IT IS HEREBY ORDERED that Defendant HBI's Motion for Partial Summary Judgment with respec t to Plaintiff Terrebonne Port Commission's ("TPC") negligence claim is DENIED. IT IS FURTHER ORDERED that Defendant HBI's Motion for Partial Summary Judgment with respect to Plaintiff TPC's good and workmanlike performance c laim is GRANTED and that Plaintiff TPC's good and workmanlike performance claim is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Defendant HBI's Motion for Partial Summary Judgment with respect to Plaintiff LaShip's unjust enric hment claim is GRANTED and that Plaintiff LaShip's unjust enrichment claim is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Defendant HBI's Motion for Partial Summary Judgment with respect to Plaintiff TPC's unjust enrichment cl aim is GRANTED and that Plaintiff TPC's unjust enrichment claim is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Defendant HBI's Motion for Partial Summary Judgment with respect to dismissing TPC's claims in their entirety due t o lack of standing is DENIED. IT IS FURTHER ORDERED that Defendant HBI's Motion for Partial Summary Judgment with respect to LaShip's Phase III claims for damages related to Phase III is DENIED. Signed by Judge Nannette Jolivette Brown on 10/22/2013. (rll, )
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