April 27, 2023 |
Filing
650
OPINION AND ORDER Following consideration of Ingram, Crounse, United States, Heartland, ARTCO, and ITS's Motion (ECF No. 566), Heartland's Joinder (ECF No. 567), the respective briefs (ECF Nos. 580, 607, and 623), the arguments of counsel, and for the following reasons, the Motion to exclude opinions of Claudio N. Crivici is denied. Signed by Judge Marilyn J. Horan on 4/27/2023. (bjl)
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April 24, 2023 |
Filing
649
ORDER that, for the reasons set forth in the accompanying opinion, Industry Terminal & Salvage Company's 618 MOTION to Strike McKees Rocks' Sur-Reply Brief is GRANTED. McKees Rocks' 618 Sur-Reply Brief is stricken; and ITS's [ 536] Motion for Partial Summary Judgment is GRANTED. The August 2015 Harbor Services Agreement, and subsequent oral Harbor Services Agreement, are valid maritime contracts. McKees Rocks has breached the Harbor Services Agreement as set forth in the O rder. As explained in detail in Order, Judgment and Declaratory Judgment are granted in favor of ITS on ITS's crossclaims against McKees Rocks; and Judgment granted in favor of ITS as to McKees Rocks' cross- and counterclaims seeking reformation and equitable reformation of the Harbor Services Agreement. Additional details as set forth in Order.. Signed by Judge Marilyn J. Horan on 4/24/23. (rtw)
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April 6, 2023 |
Filing
646
OPINION AND ORDER Following consideration of Borghese, ORS, and MRHS's Motion (ECF No. 575), the respective briefs (ECF Nos. 584, 594, 598, and 630), the arguments of counsel, and for the following reasons, Borghese, ORS, and MRHS's Motion is granted in part and denied in part. Mr. Weeter will be precluded from testifying on metallurgy/engineering opinions, and any legal opinion or interpretation of the agreements at issue in this case. Signed by Judge Marilyn J. Horan on 4/6/2023. (bjl)
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March 2, 2023 |
Filing
638
OPINION and ORDER Following consideration of Ingram and Crounse's Motion 556 , Allegheny County Sanitary Authority's (Alcosan) Joinder 561 , United States of America's Joinder 564 , Heartland Barge Management, LLCs Joinder 567 , A merican River Transportation Co., LLC's Joinder 568 , the respective briefs 556 , 610 , and 622 , the arguments of counsel, and for the reasons stated in the Opinion, Ingram and Crounse's Motion is granted. Mr. Mancini's opinions and comments as enumerated in the Opinion are stricken, and he will not be permitted to testify to the same. Signed by Judge Marilyn J. Horan on 3/2/2023. (bjl)
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July 20, 2021 |
Filing
508
MEMORANDUM ORDER granting in part and denying in part Ingram's 430 Motion for Partial Summary Judgment. As more fully explained in the Order, the Motion for Partial Summary Judgment is GRANTED as to first and third-party liability under Paragraph 7.A. The Motion for Partial Summary Judgment for damages is DENIED, without prejudice, as premature. Signed by Judge Marilyn J. Horan on 7/20/2021. (rtw)
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June 27, 2019 |
Filing
337
MEMORANDUM ORDER granting in part and denying in part 335 Consent Motion to Modify the Case Management Order and Mediation Order. As more fully stated in Order, the parties are permitted to join ALCOSAN by July 11, 2019; ALCOSAN's answers to claims due within 30 days of service; parties to serve discovery responses and Rule 26 disclosures on ALCOSAN within 14 days of appearance; ALCOSAN's Rule 26(a) disclosures due within 60 days of service; Fact Discovery extended to January 31, 2020; and mediation to rescheduled by December 31, 2019. Signed by Judge Marilyn J. Horan on 6/27/2019. (rtw)
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February 20, 2019 |
Filing
232
OPINION and ORDER denying in part, and granting in part Borghese Lane, LLC's and McKees Rocks Harbor Services, LLC's 153 Joint Motion to Dismiss for Failure to State a Claim, or in the Alternative, Moton to Strike, American River Trans portation Co., LLC's 113 Rule 14(c) Third-Party Complaint. The Third Party Complaint is stricken; ARTCO is permitted to assert a Rule 14(c) tender as stated in the Opinion and Order. ARTCO shall file an Amended Answer to the 73 United States' Crossclaim by 2/28/2019, limited to ARTCO's assertion of a Rule 14(c) tender of the United States' Crossclaim to Borghese, McKees Rocks, and ITS. Signed by Judge Marilyn J. Horan on 2/20/19. (rtw)
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October 3, 2018 |
Filing
166
MEMORANDUM OPINION re 165 Order on Motion to Lift Stay and Motion for Miscellaneous Relief Signed by Chief Judge Joy Flowers Conti on 10/3/18. (mh)
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