Department of Transportation and Development, State of LA vs Kition Shipping Co., LTD, et al

Plaintiff: State of Louisiana
Defendant: E. N. Bisso & Son, Inc., J. Strahan, Jr., The United Kingdom Mutual Steam Ship Assurance Association (Bermuda) Ltd., V. Ships Switzerland S.A., Crescent Towing & Salvage Co., Inc., Kition Shipping Co., LTD. and M/T Kition
Case Number: 3:2008cv00077
Filed: February 6, 2008
Court: Louisiana Middle District Court
Office: Baton Rouge Office
County: East Baton Rouge
Referring Judge: Christine Noland
Presiding Judge: Frank J. Polozola
Nature of Suit: Personal Property: Other
Cause of Action: 28:1333 Admiralty
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
September 2, 2009 70 Opinion or Order of the Court RULING Adopting 64 Report and Recommendation of the U.S. Magistrate Judge. The 39 Motion to Strike and/or Dismiss the State of Louisiana's In Rem Claim is denied as stated herein. The 41 Cross Motion Requiring dfts to post security for the State's In Rem Claims and to Supplement Discovery Responses regarding Vessel Location is granted in part and denied in part as stated herein. The DOTD's request to have the NTSB and USCG reports and the Times-Picayune newspaper article off ered as evidence by the Kition Interest, and all references thereto, excluded is granted. The 69 Motion for leave of court to file responsive pleading is granted for the purposes of having pla's arguments on the record. Signed by Judge James J. Brady on 9/2/09. (BP, )
July 24, 2009 64 Opinion or Order of the Court REPORT AND RECOMMENDATIONS...It is recommended that the undersigned's prior recommendation concerning the Motion to Strike and/or Dismiss the State of Louisianas In Rem Claim (R. Doc. 39) filed by defendant, Kition Shipping Co., Ltd, should STAN D and that such motion should be DENIED. The State of Louisiana, through the Department of Transportation and Development, should be allowed to perfect in rem jurisdiction over the M/T KITION through arrest/seizure up until the commencement of trial in this matter. It is further recommended that the undersigneds prior recommendation concerningthe Cross-Motion Requiring Defendants to Post Security for the States In Rem Claims and to Supplement Discovery Responses regarding Vessel Location (R. Do c. 41) filed by the State of Louisiana, through the DOTD, should be VACATED IN PART. Specifically, that motion should be GRANTED IN PART, in that the Kition Interests should be required to promptly supplement their discovery responses whenever they r eceive new or corrective information concerning the KITIONs location and upcoming voyage(s), until the discovery deadline expires in this matter, and DENIED IN PART, in that the Kition Interests should not be required to post security as a result of their having pled a limitation of liabilitydefense in their answer. It is further recommended that the DOTDs request to have the NTSB and USCG reports and the Times-Picayune newspaper article offered as evidence by the Kition Interests, and all references thereto, excluded should be GRANTED... Objections to R&R due by 8/7/2009. Signed by Magistrate Judge Christine Noland on 7/24/2009. (JDL, )
June 10, 2009 60 Opinion or Order of the Court RULING regarding 39 Motion to Strike and/or Dismiss the State of Louisiana's in rem Claim and 50 Report and Recommendation of the U.S. Magistrate Judge. The court has reviewed the responsive filings and concludes that the issues raised therein require further review by the magistrate judge. Accordingly, this matter is hereby referred back to Magistrate Judge Noland for a supplemental report and recommendation. Signed by Chief Judge Ralph E. Tyson on 6/10/09. (BP, )

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Search for this case: Department of Transportation and Development, State of LA vs Kition Shipping Co., LTD, et al
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Defendant: E. N. Bisso & Son, Inc.
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Defendant: J. Strahan, Jr.
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Defendant: The United Kingdom Mutual Steam Ship Assurance Association (Bermuda) Ltd.
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Defendant: V. Ships Switzerland S.A.
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Defendant: Crescent Towing & Salvage Co., Inc.
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Defendant: Kition Shipping Co., LTD.
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Defendant: M/T Kition
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Plaintiff: State of Louisiana
Represented By: Kirk Norris Aurandt
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