In Re: Mike Hooks L L C
| MIKE HOOKS, LLC, as owner pro hac vice and/or operator of the DREDGE "E. STROUD" and Mike Hooks L L C |
| Alabama Shipyard L L C |
| Unknown Claimants and Charles McCoy |
| 2:2020cv00959 |
| July 29, 2020 |
| US District Court for the Western District of Louisiana |
| James D Cain |
| Kathleen Kay |
| Marine |
| 46 U.S.C. § 30501 Exoneration & Limitation of Liability |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 7, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 61
JUDGMENT in accordance with the #60 Memorandum Ruling, IT IS ORDERED, ADJUDGED, and DECREED that the Motion for Partial Summary Judgment be GRANTED. Accordingly, Mike Hooks LLC has no obligation or duty to pay maintenance and cure benefits to claimant Charles McCoy as a result of the events alleged on December 28, 2018.. Signed by Judge James D Cain, Jr on 7/19/2022. (crt,Benoit, T)
|
|
Filing 60
MEMORANDUM RULING re #48 MOTION for Partial Summary Judgment filed by Mike Hooks L L C. Signed by Judge James D Cain, Jr on 7/19/2022. (crt,Benoit, T)
|
|
Filing 59
MEMORANDUM in Support re #48 MOTION for Partial Summary Judgment filed by Mike Hooks L L C. (Attachments: #1 Exhibit Deposition of Harmon)(aty,Ribarits, John)
|
|
Filing 58
MEMORANDUM in Opposition re #48 MOTION for Partial Summary Judgment filed by Charles McCoy. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Statement of material facts)(aty,Lewis, Adam)
|
|
Filing 57
ELECTRONIC ORDER mooting #55 Motion to Continue; granting #56 Motion for Extension of Time to File Response/Reply re #48 MOTION for Partial Summary Judgment Responses due by 7/1/2022, Replies due by 7/8/2022. Signed by Judge James D Cain, Jr on 3/29/2022. (crt,Higgins, M)
|
|
Filing 56
MOTION to Continue Summary Judgment re #51 Motion for Extension of Time to File Response/Reply by Charles McCoy. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 3/28/2022. (Attachments: #1 Exhibit 1-Correspondence dated March 23, 2022, #2 Proposed order)(aty,Lewis, Adam). Added MOTION for Extension of Time to File Response/Reply on 3/28/2022 (Bunting, M). Modified to add additional relief requested on 3/28/2022 (Bunting, M).
|
|
Filing 55
MOTION for Continuance of Summary Judgment filed by Charles McCoy regarding #51 Motion for Extension of Time to File Response/Reply . (Attachments: #1 Memorandum / Brief, #2 Exhibit Exhibit 1-Correspondence dated March 17, 2022, #3 Exhibit Exhibit 2-Declaration of Adam Lewis, #4 Proposed order)(aty,Lewis, Adam) Modified event to more accurately describe document filed on 3/28/2022 (Bunting, M).
|
|
Filing 54
ELECTRONIC ORDER granting #53 Motion to Substitute Attorney. Added attorney Andrew Vincent Waters for Alabama Shipyard LLC. Attorney Jennifer Allison David terminated. Signed by Magistrate Judge Kathleen Kay on 3/24/2022. (jud,Kay, Kathleen)
|
|
Filing 53
MOTION to Substitute Attorney Andrew V. Waters in place of Jennifer A. David with consent(Motion Ripe Deadline set for 3/23/2022.) by Alabama Shipyard L L C. Motions referred to Kathleen Kay. (Attachments: #1 Proposed order)(aty,Hurley, Grady) Modified event to more accurately describe document filed on 3/24/2022 (Bunting, M).
|
|
Filing 52
NOTICE of Deficiency to Adam D Lewis on behalf of Charles McCoy regarding #51 Motion for Extension of Time to File Response/Reply. Reason: Either no proposed order accompanied this motion or the proposed order was not on a separate page. Please see LR7.4.1 or LR58.1 for additional information. The motion cannot be referred to chambers until this deficiency is corrected. (crt,Bunting, M)
|
|
Filing 51
DOCUMENT RESUBMITTED IN IT ENTIRETY - MOTION for Extension to File Response/Reply re #48 Motion for Summary Judgment with opposition by Charles McCoy. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 3/22/2022. (Attachments: #1 Memorandum / Brief, #2 Exhibit 1-Email dated March 17th, #3 Exhibit 2-Declaration of Adam Lewis)(Attorney Adam D Lewis added to party Charles McCoy(pty:clm))(aty,Lewis, Adam) Modified event and to reflect deficient status on 3/23/2022 (Bunting, M). Modified to reflect resubmitted on 3/28/2022 (Bunting, M). See #56 .
|
|
Filing 50
NOTICE of Motion Setting without oral argument regarding: #48 MOTION for Partial Summary Judgment . Motions referred to Judge James D Cain, Jr. Motion day set for 4/27/2022 before Judge James D Cain Jr. (crt,Bunting, M)
|
|
Filing 49
MEMORANDUM in Support re #48 MOTION for Partial Summary Judgment filed by Mike Hooks L L C. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Proposed order)(aty,Ribarits, John) Modified docket text s on 3/3/2022 (Bunting, M).
|
|
Filing 48
MOTION for Partial Summary Judgment by Mike Hooks L L C. (Attachments: #1 Statement of Uncontested Facts in Support of Motion for Summary Judgment)(aty,Ribarits, John) Modified docket text on 3/3/2022 (Bunting, M). See #49 for Memorandum and Exhibits.
|
|
Filing 47
ELECTRONIC ORDER granting #45 PROPOSED ORDER to Set Deadlines. See Order docketed at doc. 46. Signed by Magistrate Judge Kathleen Kay on 12/23/2021. (jud,Kay, Kathleen)
|
|
Filing 46
SCHEDULING ORDER Governing Pretrial Procedure: Jury Trial set for 12/5/2022 at 09:00 AM in Lake Charles, Courtroom 3 before Judge James D Cain Jr. Pretrial Conference set for 11/22/2022 at 11:00 AM in chambers before Judge James D Cain Jr. The party with the burden of proof shall furnish Expert Info/Reports due by 8/8/2022. Responsive parties shall furnish to other parties the names and written reports of any physician or other expert witness they intend to call no later than September 7, 2022. Amended Pleadings due by 8/8/2022. Dispositive Motions due by 9/6/2022. Daubert Motions due by 10/6/2022. Motions in Limine due by 10/6/2022. Compel discovery 10/6/2022. Deadline for filing motion for protective order is 11/7/2022. Pretrial statements due by 11/7/2022. Electronic Exhibits due by 11/28/2022. Real Time glossary due by 11/28/2022. Signed by Magistrate Judge Kathleen Kay on 12/23/2021. (crt,Benoit, T)
|
|
Set Deadlines: As stated in the #46 Scheduling Order, the party with the burden of proof shall furnish Expert Info/Reports due by 8/8/2022. Responsive parties shall furnish to other parties the names and written reports of any physician or other expert witness they intend to call no later than September 7, 2022. (crt,Benoit, T)
|
|
Motions Transferred regarding #45 Proposed Order., Set/Reset Deadlines as to #45 Proposed Order.(Motion Ripe Deadline set for 12/17/2021.) Motions referred to Magistrate Judge Kathleen Kay. (crt,Bunting, M)
|
|
Filing 45
PROPOSED Unopposed Scheduling Order by Mike Hooks L L C (aty,Ribarits, John) Modified event to more accurately describe document filed on 12/20/2021 (Bunting, M).
|
|
Filing 44
MINUTES for proceedings held before Magistrate Judge Kathleen Kay: SCHEDULING CONFERENCE held on 12/8/2021. Participating by telephone: John M. Ribarits for Mike Hooks, LLC, Grady S. Hurley for Alabama shipyard, LLC, and Adam D. Lewis for Charles McCooy. A Bench Trial is set for 12/5/2022 at 09:00 AM in Lake Charles, Courtroom 4 before Judge James D Cain Jr. A Pretrial Conference is set for 11/22/2022 at 11:00 AM in chambers before Judge James D Cain Jr. A Magistrate Judge Status Conference is set for 9/27/2022 at 02:00 PM by telephone before Magistrate Judge Kathleen Kay. Counsel are to call into the Chambers Teleconference Line at 877-336-1274, Access Code 7066014, to participate in the MJSC. Because of the peculiarities of the varying postures of the litigants in this limitation proceeding, counsel are to collaboratively draft a Scheduling Order for presentation to the court for approval and they are to use the court's standard scheduling order as a template. This order is to be presented to the court for approval on or before 12/17/2021. (jud,Kay, Kathleen)
|
|
Filing 43
Joint RULE 26(f) Report by Mike Hooks L L C, Charles McCoy and Alabama Shipyard L L C. (aty,Ribarits, John) Modified filers on 12/2/2021 (Bunting, M).
|
|
Filing 42
ORDER: Scheduling Conference set for 12/8/2021 at 11:00 AM by telephone before Magistrate Judge Kathleen Kay. (Attachment: #1 Attachment to scheduling conference order)(crt,Benoit, T)
|
|
Filing 41
JUDGMENT in accordance with the #40 Memorandum Ruling, IT IS ORDERED that the Motion for Partial Summary Judgment [doc. 31] be DENIED. Signed by Judge James D Cain, Jr on 8/24/2021. (crt,Benoit, T)
|
|
Filing 40
MEMORANDUM RULING re #31 MOTION for Partial Summary Judgment filed by Mike Hooks L L C. Signed by Judge James D Cain, Jr on 8/24/2021. (crt,Benoit, T)
|
|
Filing 39
MEMORANDUM ORDER regarding #20 Motion to Bifurcate. For the reasons contained in the Memorandum Order, the Motion to Bifurcate Limitation Proceedings is DENIED. Signed by Magistrate Judge Kathleen Kay on 8/24/2021. (crt,LaCombe, L)
|
|
Filing 38
REPLY to Response to Motion re #31 MOTION for Partial Summary Judgment as Reply in Support of Same filed by Mike Hooks L L C. (Attachments: #1 Exhibit Excerpted McCoy deposition)(aty,Ribarits, John) Modified docket text to more accurately describe document filed on 8/24/2021 (Bunting, M).
|
|
Filing 37
MEMORANDUM IN OPPOSITION to Motion re #31 MOTION for Partial Summary Judgment - CORRECTIVE DOCUMENT entitled Alabama Shipyard LLC's Response to Petitioner's Motion for Partial Summary Judgment and Opposition filed by Alabama Shipyard L L C regarding #35 Response to Motion, . (Attachments: #1 Statement of material facts)(aty,Hurley, Grady) Modified docket text on 8/18/2021 (Bunting, M).
|
|
Filing 36
NOTICE of Deficiency to Grady S Hurley on behalf of Alabama Shipyard L L C regarding #35 Response to Motion,. Reason: No statement of material facts accompanied this opposition to motion for summary judgment. Please see LR56.2 for instructions regarding statements of material fact. (crt,Bunting, M)
|
|
Filing 35
DOCUMENT RESUBMITTED IN ITS ENTIRETY - MEMORANDUM IN OPPOSITION to Motion re #31 MOTION for Partial Summary Judgment and Opposition #33 filed by Alabama Shipyard L L C. (aty,Hurley, Grady) Modified to reflect deficient status and docket text to more accurately describe document filed on 8/18/2021 (Bunting, M). Modified to reflect resubmitted on 8/18/2021 (Bunting, M). See #37 .
|
|
Filing 34
STATEMENT of material facts re #31 MOTION for Partial Summary Judgment re #33 MEMORANDUM IN OPPOSITION filed by Charles McCoy. (aty,Lewis, Adam) Modified to add docket entry relationship on 8/18/2021 (Bunting, M).
|
|
Filing 33
MEMORANDUM IN OPPOSITION to Motion re #31 MOTION for Partial Summary Judgment filed by Charles McCoy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Statement of material facts Response to Statement of Undisputed Facts)(aty,Lewis, Adam) Modified docket text to more accurately describe document filed on 8/18/2021 (Bunting, M).
|
|
Filing 32
NOTICE of Motion Setting without oral argument regarding: #31 MOTION for Partial Summary Judgment. Motion day set for 9/29/2021 before Judge James D Cain Jr. (crt,Whidden, C)
|
|
Filing 31
MOTION for Partial Summary Judgment by Mike Hooks L L C. (Attachments: #1 Memorandum / Brief Memorandum in Support, #2 Exhibit Signed Unsworn Declaration, #3 Exhibit Employee's Record Master, #4 Exhibit Post-Employment Health Survey, #5 Exhibit Exam Report Form, #6 Exhibit Texas Regional 5/14/2015, #7 Exhibit Texas Regional 5/15/2015, #8 Exhibit Texas Retional 5/19/2015, #9 Exhibit Panousieris 8/12/2015, #10 Exhibit Panousieris Pre-operative Report, #11 Exhibit Baylor Scott and White 10/31/2017, #12 Exhibit Texas Regional 11/9/2017, #13 Exhibit Texas Regional 11/11/2017, #14 Exhibit Texas Brain and Spine 11/16/2017, #15 Exhibit Texas Brian and Spine 2/21/2019, #16 Exhibit Panousieris 3/14/2019, #17 Exhibit Excerpted Deposition Transcript of McCoy, #18 Exhibit Receipt of Documents, #19 Exhibit Save Job Procedure, #20 Exhibit Mike Hooks General Safety Rules, #21 Statement of material facts Uncontested Facts, #22 Proposed order Proposed Order)(aty,Ribarits, John)
|
|
Filing 30
MEMORANDUM OPINION AND ORDER granting #16 Motion to Compel. Signed by Magistrate Judge Kathleen Kay on 7/14/2021. (crt,Bunting, M)
|
|
Filing 29
ORDER granting #28 Motion to Appear Pro Hac Vice for appearance of John Gregory Grinnan, Jr for Charles McCoy. Signed by Magistrate Judge Kathleen Kay on 5/11/2021. (crt,Miletello, A)
|
|
Filing 28
MOTION for John Gregory Grinnan, Jr. to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4666563) by Charles McCoy. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 5/7/2021. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed order)(aty,Findley, Jonathan)
|
|
Filing 27
ORDER granting #26 Motion to Appear Pro Hac Vice for appearance of Chinyere Kimberly Ikegbunam for Charles McCoy. Signed by Magistrate Judge Kathleen Kay on 3/29/2021. (crt,Keifer, K)
|
|
Filing 26
MOTION for Chinyere Kimberly Nwabeke Ikegbunam to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4621472) by Charles McCoy. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 3/26/2021. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed order Proposed Order)(aty,Findley, Jonathan)
|
|
Filing 25
MEMORANDUM in Opposition re #20 MOTION to Bifurcate filed by Alabama Shipyard L L C. (aty,Hurley, Grady)
|
|
Filing 24
MEMORANDUM in Opposition re #20 MOTION to Bifurcate Limitation Proceedings filed by Mike Hooks L L C. (aty,Ribarits, John)
|
|
Filing 23
REPLY to Response to MOtion re #16 MOTION to Compel Independent Medical Examinations filed by Mike Hooks L L C. (aty,Ribarits, John) Modified docket text to more accurately describe document filed on 12/11/2020 (Bunting, M).
|
|
Filing 22
NOTICE of Motion Setting regarding: #20 MOTION to Bifurcate . Motions referred to Magistrate Judge Kathleen Kay. (crt,Bunting, M)
|
|
Filing 21
RESPONSE to Motion re #16 MOTION to Compel Independent Medical Examinations filed by Charles McCoy. (aty,Findley, Jonathan)
|
|
Filing 20
MOTION to Bifurcate by Charles McCoy. Motions referred to Kathleen Kay. (Attachments: #1 Memorandum / Brief Motion to Bifurcate)(Attorney Jonathan Kyle Findley added to party Charles McCoy(pty:clm))(aty,Findley, Jonathan)
|
|
Filing 19
CLERK'S ENTRY OF DEFAULT as to Unknown Claimants (crt,Crick, S)
|
|
Filing 18
MOTION/REQUEST for Entry of Default as to all unknown and potential parties who have not filed claims by response deadline by Mike Hooks L L C. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 11/16/2020. (Attachments: #1 Memorandum / Brief, #2 Proposed order)(aty,Ribarits, John) Modified on 11/16/2020 to modify docket text. (Crick, S).
|
|
Filing 17
NOTICE of Motion Setting regarding: #16 MOTION to Compel Independent Medical Examinations. Motions referred to Magistrate Judge Kathleen Kay. (crt,Bunting, M)
|
|
Filing 16
MOTION to Compel Independent Medical Examinations by Mike Hooks L L C. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 11/12/2020. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate re efforts to resolve-LR 37.1, #7 Memorandum / Brief, #8 Text of proposed order)(aty,Ribarits, John)
|
|
Filing 15
ANSWER to Admiralty Claim Re: #14 Admiralty Answer to Complaint, Admiralty Claim by Mike Hooks L L C. (aty,Ribarits, John)
|
|
Filing 14
ADMIRALTY ANSWER to Complaint , ADMIRALTY CLAIM by Charles McCoy. (Attorney Jonathan Kyle Findley added to party Charles McCoy(pty:clm))(aty,Findley, Jonathan)
|
|
Filing 13
NOTICE of Filing Affidavit of Publication by Mike Hooks L L C (Attachments: #1 Affidavit)(aty,Ribarits, John)
|
|
Filing 12
NOTICE REGARDING HURRICANE LAURA: The Lake Charles area sustained extensive damage due to Hurricane Laura, including the Edwin F. Hunter, Jr. Courthouse. All proceedings and deadlines due within the next 30 days before Judge Cain are suspended. All proceedings and deadlines due before Magistrate Judge Kay remain as previously set. The court will advise of resettings in due course on a per-case basis via CM/ECF. Parties are encouraged to electronically file for relief or extensions, but if unable to do so, to call chambers and leave a message. Your message will be responded to promptly. (crt,Dunford, T)
|
|
Filing 11
ANSWER to re #9 Admiralty Claim by Mike Hooks L L C. (aty,Ribarits, John) Modified to add docket entry relationship on 8/24/2020 (Bunting, M).
|
|
Filing 10
ORDER granting #8 Motion to Appear Pro Hac Vice for appearance of Kenneth Howard Tribuch for Mike Hooks L L C,Kenneth Howard Tribuch for Mike Hooks L L C. Signed by Magistrate Judge Kathleen Kay on 8/13/2020. (crt,Bunting, M)
|
|
Filing 9
ANSWER to #1 Complaint, of Mike Hooks LLC, as Owner of the Dredge "E. Stroud", COUNTERCLAIM against Mike Hooks L L C by Alabama Shipyard, LLC.(Attorney Grady S Hurley added to party Alabama Shipyard, LLC(pty:clm))(aty,Hurley, Grady)
|
|
Filing 8
MOTION for Kenneth H. Tribuch to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4350273) by Mike Hooks L L C. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 8/7/2020. (Attachments: #1 Certificate of good standing, #2 Proposed order)(aty,Ribarits, John)
|
|
Filing 7
NOTICE to Claimants (crt,Crick, S)
|
|
Filing 6
AMENDED ORDER Approving Valuation, Security, Notice to Claimants, Manner of Publication & Enjoining Prosecution of Claims. Signed by Judge James D Cain, Jr on 8/4/2020. (crt,Crick, S)
|
|
Set/Reset Deadlines as to #5 PROPOSED Amended Order. Motion Ripe Deadline set for 7/31/2020. (crt,Crick, S)
|
|
Filing 5
PROPOSED Amended Order Approving Valuation, Security, Notice to Claimants, Manner of Publication, and Enjoining Prosecution of Claims by Mike Hooks L L C re #2 Motion for Miscellaneous Relief,. (aty,Ribarits, John) Modified on 8/3/2020 to modify docket text and event. (Crick, S).
|
|
Filing 4
ORDER approving Valuation, Security, Notice to Claimants, Manner of Publication, and Enjoining Prosecution of Claims. Signed by Judge James D Cain, Jr on 7/31/2020. (crt,Benoit, T)
|
|
Filing 3
CIVIL COVER SHEET re #1 Complaint by Mike Hooks L L C as owner and/or operator of the DREDGE E STROUD. (aty,Ribarits, John) (Main Document 3 replaced on 7/29/2020 to correct fillable form, created docket entry relationship and modified docket text. ) (Crick, S).
|
|
Filing 2
Ex Parte MOTION for Approve Valuation and Security, Approve Notice to Claimants and Manner of Publication, and to Enjoin Prosecution of Claims (Ad Interim Stipulation) by Mike Hooks L L C. Motion Ripe Deadline set for 7/29/2020. (Attachments: #1 Proposed order)(aty,Ribarits, John) Modified on 7/29/2020 to modify docket text. (Crick, S).
|
|
Filing 1
COMPLAINT Petition for Exoneration from or Limitation of Liability (Filing fee $400, receipt number ALAWDC-4337256) filed by Mike Hooks L L C. (Attachments: #1 Affidavit, #2 Letter of Undertaking, #3 Security Bond, #4 Notice to Claimants)(Attorney John M Ribarits added to party Mike Hooks L L C(pty:pet))(aty,Ribarits, John) Modified on 7/29/2020 to modify docket text & to indicate #3 Civil Cover Sheet submitted as separate document. (Crick, S).
|
|
CASE Assigned to Judge James D Cain, Jr and Magistrate Judge Kathleen Kay. (crt,Crick, S)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Louisiana Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
