Schouest v Lotina Navigation Company et al
| Gawain Schouest, Lotina Navigation Company, Marfin Management S.A.M., Crescent Towing & Salvage Company, Inc. and Cooper Mooring, Inc. |
| 2:2024cv00501 |
| February 27, 2024 |
| US District Court for the Eastern District of Louisiana |
| Lance M Africk |
| Donna Phillips Currault |
| Susie Morgan |
| Karen Wells Roby |
| Marine |
| 46 U.S.C. § 0740 Marine Injury |
| Plaintiff |
Docket Report
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| Filing 46 Sur-Reply in Opposition of #22 MOTION to Remand to State Court by Cooper Mooring, Inc., Crescent Towing & Salvage Company, Inc. (Attachments: #1 Exhibit 36)(pp) |
Filing 45
ORDER GRANTING #43 Motion for Leave to File Sur-Reply in Opposition to Motion to Remand. Signed by Judge Susie Morgan on 4/25/2024. (pp)
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| Filing 44 Correction of Docket Entry by Clerk re #43 MOTION for Leave to File Sur-Reply in Opposition to Motion to Remand [Rec. Doc. 22].** Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action.** (pp) |
| Filing 43 EXPARTE/CONSENT MOTION for Leave to File Sur-Reply in Opposition to Motion to Remand [Rec. Doc. 22] by Cooper Mooring, Inc., Crescent Towing & Salvage Company, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Pleading, #3 Exhibit 36, #4 Proposed Order)(Flotte, David) Modified text on 4/24/2024 (pp). |
| Filing 42 Reply Memorandum in Support of #22 MOTION to Remand to State Court filed by Gawain Schouest . (Attachments: #1 Exhibit 1)(pp) |
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Filing 41
ORDER GRANTING #40 Motion for Leave to File Reply Memorandum in Support of Motion to Remand and Affidavit. Signed by Judge Susie Morgan on 4/18/2024. (pp)
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| Filing 40 EXPARTE MOTION for Leave to File Reply in Support of Motion to Remand by Gawain Schouest. (Attachments: #1 Proposed Order, #2 Notice of Submission, #3 Proposed Pleading, #4 Affidavit Exhibit 1)(Marino, Joseph) Modified text on 4/17/2024 (pp). |
| Filing 39 Response regarding #32 Statement of Contested Facts (rec. doc. 32-1) by Cooper Mooring, Inc., Crescent Towing & Salvage Company, Inc. (Flotte, David) Modified text on 4/16/2024 (pp). |
| Filing 38 RESPONSE/MEMORANDUM in Support filed by Cooper Mooring, Inc., Crescent Towing & Salvage Company, Inc. re #21 MOTION for Summary Judgment . (Attachments: #1 Exhibit 33 - 10/03/2020 MRTIS track of SCB 2, #2 Exhibit 34 - Photo of BRAYDEN RAY push boat, #3 Exhibit 35 - Photo of SOUTH CAROLINA tugboat)(Flotte, David) |
| Filing 37 Manual Attachment Received re #33 Response/Memorandum in Opposition to Motion filed by Crescent Towing & Salvage Company, Inc., Cooper Mooring, Inc. (pp) |
| Filing 36 NOTICE: Because R. Doc. #33 contains more than 50 pages, counsel shall deliver to chambers within 3 working days one hard copy of the submission in a binder as set forth in notice. Signed by Clerk.(bwn) |
| Filing 35 Correction of Docket Entry by Clerk re #34 Response/Memorandum in Opposition to Motion.** Document does not contain Section and/or Magistrate Judge. All future pleadings must reflect Section E and Magistrate Judge Donna Phillips Currault.** (pp) |
| Filing 34 RESPONSE/MEMORANDUM in Opposition filed by Marfin Management S.A.M. re #22 MOTION to Remand to State Court . (Attachments: #1 Exhibit A - Schouest LHWCA Comp Claim, #2 Exhibit B - Schouest LHWCA Lien Letter, #3 Exhibit C - Schouest Depo Excerpts, #4 Exhibit D - Kettenring Depo Excerpts)(Harowski, Michael) |
| Filing 33 RESPONSE/MEMORANDUM in Opposition filed by Cooper Mooring, Inc., Crescent Towing & Salvage Company, Inc. re #22 MOTION to Remand to State Court . (Attachments: #1 Exhibit 17 - Affidavit of Edward Pinner, #2 Exhibit 18 - Continuity/License, #3 Exhibit 19 - Supplemental Affidavit of Kettenring, #4 Exhibit 20 - USCG Revetment, #5 Exhibit 21 - LS203 Claim for Compensation, #6 Exhibit 22 - Affidavit of Cody Nelson, #7 Exhibit 23 - Safety Observations, #8 Exhibit 24 - Towing Safety Observations, #9 Exhibit 25 - Affidavit of Steven Reeg, #10 Exhibit 26 - June 15, 2020 Crew List, #11 Exhibit 27 - SOUTH CAROLINA Log, #12 Exhibit 28 - Affidavit of Ben Morvant, #13 Exhibit 29- Notice of Manual Attachment MRTIS, #14 Exhibit 30 - MRTIS Track of SOUTH CAROLINA, #15 Exhibit 31 - TEXAS Line Certificate, #16 Exhibit 32 - ALABAMA Line Certificate)(Flotte, David) |
| Filing 32 RESPONSE/MEMORANDUM in Opposition filed by Gawain Schouest re #21 MOTION for Summary Judgment . (Attachments: #1 Statement of Contested/Uncontested Facts, #2 Exhibit 1)(Peterson, Cayce) |
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Filing 31
ORDER denying #28 Motion to Continue Submission Date. FURTHER ORDERED that #30 Motion to Expedite consideration of the Motion to Continue Submission Date is denied as moot. Signed by Judge Susie Morgan on 04/09/2024. (ko)
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| Filing 30 EXPARTE/CONSENT MOTION to Expedite Motion to Continue the Submission Date (doc. 28) by Gawain Schouest. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Peterson, Cayce) Modified text on 4/9/2024 (pp). |
| Filing 29 RESPONSE/MEMORANDUM in Opposition filed by Cooper Mooring, Inc., Crescent Towing & Salvage Company, Inc. re #28 MOTION to Continue the Submission Date of the Motion for Summary Judgment [Rec. Doc. 21] . (Flotte, David) |
| Filing 28 MOTION to Continue the Submission Date of the Motion for Summary Judgment [Rec. Doc. 21] by Gawain Schouest. Motion(s) will be submitted on 4/24/2024. (Attachments: #1 Memorandum in Support, #2 Notice of Submission, #3 Proposed Order)(Peterson, Cayce) |
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Filing 27
ORDER GRANTING #26 MOTION to Continue Submission Date of Motion to Remand. IT IS FURTHER ORDERED that the submission date for Plaintiff's #22 Motion to Remand is CONTINUED to April 17, 2024. Defendants shall file an opposition to the Motion to Remand on or before April 9, 2024. Plaintiff may file a reply on or before April 17, 2024. IT IS FURTHER ORDERED that Crescent and Cooper's #25 Motion to Expedite Hearing of the Motion to Continue Submission Date is DENIED AS MOOT. Signed by Judge Susie Morgan on 3/27/2024.(pp)
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| Filing 26 MOTION to Continue Submission Date of Motion to Remand by Cooper Mooring, Inc., Crescent Towing & Salvage Company, Inc.. Motion(s) will be submitted on 4/10/2024. (Attachments: #1 Memorandum in Support, #2 Certificate of Opposition, #3 Notice of Submission)(Flotte, David) |
| Filing 25 EXPARTE/CONSENT MOTION to Expedite Hearing on Motion to Continue Submission Date of Motion to Remand by Cooper Mooring, Inc., Crescent Towing & Salvage Company, Inc.. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Flotte, David) |
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Filing 24
ORDER GRANTING #23 Motion to Enroll as Additional Counsel of Record. IT IS ORDERED that Joseph B. Marino, III of JJC Law LLC is hereby enrolled as additional counsel of record for Plaintiff in the above-captioned matter. Signed by Judge Susie Morgan on 3/26/2024. (pp)
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| Filing 23 EXPARTE/CONSENT MOTION to Enroll Joseph B. Marino, III as Counsel of Record by Gawain Schouest. (Attachments: #1 Proposed Order)(Peterson, Cayce) Modified text on 3/26/2024 (pp). |
| Filing 22 MOTION to Remand to State Court by Gawain Schouest. Motion(s) will be submitted on 4/10/2024. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Proposed Order, #4 Notice of Submission)(Peterson, Cayce) |
| Filing 21 MOTION for Summary Judgment by Cooper Mooring, Inc., Crescent Towing & Salvage Company, Inc. Motion(s) will be submitted on 4/17/2024. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Notice of Submission, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16)(pp) |
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Filing 20
ORDER GRANTING #18 MOTION to Withdraw Document. IT IS ORDERED that the clerk is directed to withdraw Record Document 16 and substitute it with the attached Motion for Summary Judgment, Memorandum in Support, Statement of Uncontested Facts with citations, and Exhibits. IT IS FURTHER ORDERED that the submission date for this motion is scheduled for April 17, 2024. Plaintiff shall file an opposition on or before April 9, 2024. Crescent and Cooper may file a reply on or before April 17, 2024. Signed by Judge Susie Morgan on 3/22/2024.(pp)
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| Filing 19 Correction of Docket Entry by Clerk re #18 MOTION to Withdraw Document re #16 MOTION for Summary Judgment and Substitute Corrected Motion for Summary Judgment.**Please disregard deficiency notice. Motion will be accepted.** (pp) |
| Filing 18 EXPARTE/CONSENT MOTION to Withdraw Document re #16 MOTION for Summary Judgment and Substitute Corrected Motion for Summary Judgment by Cooper Mooring, Inc., Crescent Towing & Salvage Company, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Pleading Motion for Summary Judgment, #3 Memorandum in Support, #4 Statement of Contested/Uncontested Facts, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Notice of Submission)(Flotte, David) Modified on 3/22/2024 (pp). Modified on 3/22/2024 (pp). |
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Filing 17
ORDER: IT IS ORDERED that, pursuant to Federal Rule of Civil Procedure 56(e), Crescent and Cooper refile their statement of uncontested material facts in support of their motion for summary judgment with adequate record citations no later than Wednesday, March 26, 2024, at 5:00 p.m. IT IS FURTHER ORDERED that the submission date for this motion is hereby continued to April 17, 2024. Plaintiff shall file an opposition on or before April 9, 2024. Crescent and Cooper may file a reply on or before April 17, 2024. Signed by Judge Susie Morgan on 3/19/2024.(pp)
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| Filing 16 **WITHDRAWN PER ORDER AT REC. DOC. 20** MOTION for Summary Judgment by Cooper Mooring, Inc., Crescent Towing & Salvage Company, Inc.. Motion(s) will be submitted on 4/10/2024. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Affidavit of Keith Kettenring, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Notice of Submission)(Flotte, David) Modified on 3/22/2024 (pp). |
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Filing 15
ORDER GRANTING #14 Motion to Enroll as Counsel of Record. IT IS ORDERED that Cayce Peterson and Jeff Green are hereby enrolled as co-counsel of record for Plaintiff Gawain Schouest. Joseph S. Piacun shall remain lead trial counsel for Plaintiff. Signed by Judge Susie Morgan on 3/18/2024. (pp)
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| Filing 14 EXPARTE/CONSENT MOTION to Enroll Cayce Peterson and Jeff Green as Counsel of Record by Gawain Schouest. (Attachments: #1 Proposed Order)(Piacun, Joseph) Modified text on 3/18/2024 (pp). |
| Filing 13 Statement of Corporate Disclosure by Marfin Management S.A.M. (Harowski, Michael) |
| Filing 12 NOTICE of Rule 7.1 Disclosure Statement by Cooper Mooring, Inc., Crescent Towing & Salvage Company, Inc. (Flotte, David) Modified text on 3/14/2024 (pp). |
| Filing 11 Statement of Corporate Disclosure by Cooper Mooring, Inc., Crescent Towing & Salvage Company, Inc. (Flotte, David) |
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Filing 10
TEXT ORDER (No PDF Document Attached) - A defendant has made an appearance in this matter and a preliminary conference has been set by the Case Manager. Pursuant to F.R.C.P. 16(b)(2), IT IS ORDERED that at least fourteen (14) days before the scheduled preliminary conference, the plaintiff(s) shall provide an update to the Court with regards to service or attempted service upon on any defendant(s) who have not been served and/or have not made an appearance. The update should be emailed to chambers at efile-morgan@laed.uscourts.gov and to all counsel of record in this matter. IT IS FURTHER ORDERED that the plaintiff(s) provide the "Notice of Preliminary Conference" to any defendants who have not been served and/or have not made an appearance in this matter. Signed by Judge Susie Morgan.(bwn)
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| Filing 9 PRELIMINARY CONFERENCE NOTICE - Scheduling Conference set for 5/23/2024 at 9:30 AM before case manager by telephone. Signed by Clerk.(bwn) |
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Filing 8
TEXT ORDER (No PDF Document Attached) Pursuant to F.R.C.P. 7.1, nongovernmental corporate parties must file a disclosure statement with their first appearance, pleading, petition, motion, response, or other request addressed to the court. IT IS ORDERED that any nongovernmental corporate parties in this matter file the required disclosure statement within seven (7) days of this order. Signed by Judge Susie Morgan.(bwn)
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| Filing 7 Correction of Docket Entry by Clerk re #6 Answer to Complaint - Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 1. (gla) |
| Filing 6 ANSWER to #1 Complaint by Cooper Mooring, Inc., Crescent Towing & Salvage Company, Inc. (Flotte, David) Modified on 3/11/2024 (gla). |
| Filing 5 NOTICE of Compliance List of Remaining Parties and State Court Record re #1 Notice of Removal, by Marfin Management S.A.M. (Attachments: #1 Exhibit A - State Court Record 2/27/2024 - 2/29/2024)(Harowski, Michael) Modified text on 3/7/2024 (pp). |
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Filing 4
ORDER TRANSFERRING CASE. Case transferred to Judge Susie Morgan and Magistrate Judge Donna Phillips Currault. Judge Lance M Africk, Magistrate Judge Karen Wells Roby no longer assigned to case. Signed by Judge Lance M Africk on 02/29/2024. (NEF: Section E, Mag. 2)(ko)
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| Filing 3 DIRECTIVE of the Clerk regarding compliance with 28:1447(b) re #1 Notice of Removal, filed by Marfin Management S.A.M. (lb) |
| Filing 2 Initial Case Assignment to Judge Lance M Africk and Magistrate Judge Karen Wells Roby. (ess) |
| Filing 1 NOTICE OF REMOVAL from Civil District Court for the Parich of Orleans, case number 2023-11402 "C-10" (Filing fee $ 405 receipt number ALAEDC-10417432) filed by Marfin Management S.A.M.. (Attachments: #1 Exhibit A - Kettenring Affidavit, #2 Exhibit B - Pinner Affidavit, #3 Exhibit C - Lotina Liberian Certificate, #4 Exhibit D - Lotina Consent to Removal, #5 Exhibit E - Crescent and Cooper Consent to Removal, #6 State Court Pleadings, #7 Exhibit G - Marfin Service Documents, #8 Civil Cover Sheet)Attorney Michael A Harowski added to party Marfin Management S.A.M.(pty:selreq).(Harowski, Michael) (Attachment 3 replaced on 2/27/2024) (my). Modified on 2/28/2024 (lb). |
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