Western Towboat Company v. Vigor Marine LLC
| 2:2020cv00416 |
| April 20, 2020 |
| US District Court for the Western District of Washington |
| Seattle Office |
| Contract: Marine |
| 46 U.S.C. ยง 951 Marine Contract Actions |
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The following documents for this case are available for you to view or download:
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Filing
158
ORDER granting Defendant's 154 MOTION for Reconsideration. Defendant Vigor Marine, LLC is awarded attorney fees and costs in the amount of $1,096,956.88 for substantially prevailing against Defendant Western Towboat Company at trial. Signed by Judge Ricardo S. Martinez. (SB)
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Filing
153
ORDER granting in part Defendant's 134 Motion for Attorney Fees and denying Plaintiff's 139 Motion for Post-Judgment Discovery. Defendant Vigor is awarded attorney fees and costs in the amount of $959,100.98 for substantially prevailing against Defendant Western. Signed by Judge Ricardo S. Martinez. (SB)
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Filing
149
ORDER granting Parties' 148 Stipulated MOTION for Withdrawal and Substitution of Counsel. Anthony J. Gaspich is withdrawn as Attorney of Record for Western Towboat Company and J. David Stahl is hereby substituted as Attorney of Record for defendant Western Towboat Company. Signed by Judge Ricardo S. Martinez. (SB)
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Filing
133
ORDER Re Motions for Attorneys Fees. Plaintiff Western Towboat Company's Motion for Attorney Fees (Dkt. # 120 ) is DENIED and Defendant Vigor Marine, LLC's Motion for Attorney Fees (Dkt. # 117 ) is GRANTED. Vigor is directed to file evidence substantiating the amount and reasonableness of its requested fees within 30 days of this Order. Signed by Judge Ricardo S. Martinez. (LH)
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Filing
125
ORDER granting Parties' 123 Stipulated Motion to Extend Deadline for Filing a Notice of Appeal and to Extend Stay of Execution. The deadline for filing a notice of appeal is extended by 30 days. The Rule 62(a) stay is extended from 2/7/2022 to 3/9/2022. Signed by Judge Ricardo S. Martinez. (SB)
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Filing
118
ORDER approving Parties' 116 Motion for Extension of Time to Extend Fed. R. Civ. P. 54/ LCR 54(d)(1) Deadlines. The deadlines shall be extended to 21 days after either: The passing of the last date to note any appeal pursuant to Federal Rule o f Appellate Procedure 4 of this Court's 1/7/2022 Final Judgment (ECF 115 ), with no appeal so noted; or if appeal is so noted, within 21 days after the issue of a mandate of the United States Court of Appeals or dismissal of appeal and remand t o this Court by the United States Court of Appeals, or if certiorari is petitioned to the Supreme Court of the States, the date of the denial of the petition of certiorari, or if the petition is granted, of the final decision and any remand to this Court of the Supreme Court of the United States. Signed by Judge Ricardo S. Martinez. (SB)
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Filing
113
BENCH ORDER, FINDINGS OF FACT, AND CONCLUSIONS OF LAW. Defendant-Counterclaim Plaintiff Vigor Marine, LLC shall recover $40,000.00 in damages, plus pre-judgment interest to run from 10/25/2016 until the date of this Order, and post-judgment inte rest to run from the date of this order until paid in full; Defendant-Counterclaim Plaintiff Vigor Marine, LLC shall submit a proposed judgment to the Court on or before 12/30/2021, consistent with the above findings of fact and conclusions of law. Signed by Judge Ricardo S. Martinez. (SB)
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Filing
108
ORDER re: Parties' Post-Trial Briefing denying Plaintiff's 99 Motion for Judgment. Signed by Judge Ricardo S. Martinez. (SB)
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Filing
90
ORDER RE: MOTIONS IN LIMINE re Plaintiff-Counterclaim Defendant Western Towboat Company's 67 Motions in Limine; re Defendant-Counterclaim Plaintiff Vigor Marine, LLC's 64 Motions in Limine; re parties' 66 Stipulated Motion in Limine. The Court hereby finds and ORDERS that the Motions in Limine (Dkts. # 67 , # 64 ) are GRANTED, DENIED and DEFERRED as stated in this order. Signed by Judge Ricardo S. Martinez. (PM)
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Filing
81
ORDER denying Plaintiff-Counterclaim Defendant Western Towboat Company's 80 Motion for Reconsideration. Signed by Judge Ricardo S. Martinez. (PM)
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Filing
77
ORDER RE: MOTIONS FOR SUMMARY JUDGMENT. The Court GRANTS IN PART AND DENIES IN PART 39 Vigor's motion and DENIES 42 Western's motion. Western's claim for declaratory judgment and Vigor's counterclaim for maritime negligen ce, to the extent it seeks prospective determinations of liability under the NMSA, are DISMISSED for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12 (h)(3); Summary judgment is DENIED on parties' cross-claims for breach of contract; Summary judgment is GRANTED on Vigor's counterclaim for maritime negligence. Signed by Judge Ricardo S. Martinez. (PM)
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Filing
62
ORDER granting Defendant's 61 Telephone Motion to Excuse Untimely Disclosure of Expert Reports. To the extent parties need to take Mr. Campbell's, Mr. Johnson's, Mr. Gilmour's, or Mr. Naylor's depositions, these depositions must be completed no later than fourteen (14) days from the date of this Order. Signed by Judge Ricardo S. Martinez. (PM)
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Filing
46
ORDER granting Plaintiff's 23 Motion to Compel. Within fourteen (14) days of the date of entry of this Order, Defendant shall produce to Plaintiff the documents requested therein. Signed by Judge Ricardo S. Martinez. (PM)
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Filing
22
ORDER re parties' 20 Stipulated Motion for Extension of Time. Motions related to discovery due by 3/1/2021, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 3/5/2021, Discovery completed by 4/1/2021, Dispositive motions due by 4/29/2021. All other dates in the Order Setting Trial and Related Dates (Dkt. 14 ) remain the same. Signed by Judge Ricardo S. Martinez. (PM)
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Filing
19
ORDER re the Parties' 18 Joint Motion to Extend Disclosure Deadline. IT IS HEREBY ORDERED that the date for disclosure of expert testimony shall be extended to February 5, 2021, all other dates in theOrder Setting Trial and Related Dates (dkt 14 ) remaining the same. Signed by Judge Ricardo S. Martinez. (PM)
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Filing
12
ORDER granting Defendant's 8 Unopposed Motion for Extension of Time to File Answer. Defendant must file an Answer to the complaint by May 20, 2020. Signed by Judge Ricardo S. Martinez. (PM)
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