BASF Corporation v. Man Diesel & Turbo North America, Inc.

Plaintiff: BASF Corporation
Defendant: Man Diesel & Turbo North America, Inc.
Case Number: 3:2013cv00042
Filed: January 17, 2013
Court: Louisiana Middle District Court
Office: Baton Rouge Office
Presiding Judge: James J. Brady
Referring Judge: Magistrate Judge Unassigned
Nature of Suit: Contract: Other
Cause of Action: 28:1332 Diversity-(Citizenship)
Jury Demanded By: Defendant

Available Case Documents

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Date Filed#Document Text
September 30, 2016 198 Opinion or Order of the Court FINDINGS OF FACT AND CONCLUSIONS OF LAW: The Court finds that BASF and Man entered into a contract under which Man was to change the dry gas seals on its Compressor. BASF's entire five-page Purchase Order constituted that contract.Even though B ASF knew that the Compressor, bearing caps, and related equipment would likely be relevant evidence to future litigation, BASF knowingly failed to make such evidence available to Man. However, Man failed to prove by a preponderance of the evidence t hat BASF acted for the purpose of depriving Man of evidence. Accordingly, Man's spoliation claim is dismissed with prejudice, and it is entitled to no adverse presumption.Nevertheless, BASF failed to prove by a preponderance of the evidence tha t Man breached its contract or that, even if there was a breach, Man's breach caused BASF's damages. Consequently, BASF's breach of contract claim is dismissed with prejudice. Similarly, BASF has failed to prove that any act or omissi on of Man was a cause-in-fact of the failure of the Compressor. BASF has specifically failed to prove that it is more likely than not that the loose bolts caused the Compressor failure. As a result, BASF's tort claim is dismissed with prejudice.. Signed by Judge John W. deGravelles on 09/30/2016. (KDC)
February 11, 2016 160 Opinion or Order of the Court RULING AND ORDER denying 145 Motion in Limine to Exclude the Testimony of Dr. Fernando Lorenzo and Exclude Evidence. Signed by Judge John W. deGravelles on 2/11/2016. (LLH)
November 5, 2015 119 Opinion or Order of the Court RULING AND ORDER denying 102 Motion for Summary Judgment on Spoliation of Evidence. Signed by Judge John W. deGravelles on 11/5/2015. (LLH)
May 15, 2015 98 Opinion or Order of the Court RULING AND ORDER denying 78 Motion for Summary Judgment and 86 Motion for Summary Judgment. Signed by Judge John W. deGravelles on 05/15/2015. (NLT)
February 10, 2015 77 Opinion or Order of the Court ORDER denying 55 MOTION for In Camera Inspection to the extent it seeks an order compelling the production of the unredacted versions of documents provided by Man Diesel for in camera inspection. Having previously granted BASFs Motion in part, the parties shall bear their own costs in relation to the Motion. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 02/10/2015. (BCL)
June 24, 2014 47 Opinion or Order of the Court RULING granting in part and denying in part 33 Motion to Compel Discovery and Extend Discovery Deadlines. The 34 Motion for Oral Argument is DENIED as moot. ALL discovery except experts is extended until 9/29/2014. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/23/2014. (LLH)

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Plaintiff: BASF Corporation
Represented By: Jeffrey N. Boudreaux
Represented By: Casey E. Faucon
Represented By: David K. Nelson
Represented By: Elisabeth Q. Prescott
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Defendant: Man Diesel & Turbo North America, Inc.
Represented By: Sarah Ney
Represented By: Nelson W. Wagar
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