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14-2214 - Emergency Response Specialists Inc v. CSA Ocean Sciences Inc et al


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14-2214 - Emergency Response Specialists Inc v. CSA Ocean Sciences Inc et al
April 23, 2015
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MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 4/23/15. (SAC )
February 17, 2016
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MEMORANDUM OPINION & ORDER re 30 Plaintiff's attorneys for leave to withdraw- For the reasons noted within, the motion is DENIED. Signed by Judge William M Acker, Jr on 2/17/16. (SAC )
April 6, 2016
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MEMORANDUM OPINION AND ORDER For the reasons outlined within, the motion to stay (Doc. 42) and the motion for a protective order and to terminate deposition (Doc. 46) are DENIED. Signed by Judge William M Acker, Jr on 4/6/16. (SAC )
August 4, 2016
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REPORT AND RECOMMENDATION re 56 MOTION for Protective Order (and Objection to Deposition): Because the date of the deposition has passed and because CSA deposed Ms. Moore on June 2, 2016, it is RECOMMENDED that the Motion for Protective Order be deemed MOOT; re 55 MOTION to Compel Discovery Responses: It is Recommended that executed interrogatory answers shall be provided to CSA within seven days from the date of entry of this order, upon which it is RECOMMENDED that the motion to compel as to this issue be deemed MOOT. To the extent any of the emails are between ERS and CSA, such that CSA already would have a copy, counsel for the parties shall exchange a list of such emails so as to avoid duplication. Further, to the extent that Ms. Moore has any responsive emails, with their attachments, on her laptop, she shall produce copies of the emails with attachments, to CSA within fourteen days from the date of entry of a final order on this report and recommendation. It is RECOMMENDED that the video files in question shall be provided to CSA within fourteen days from the date of entry of a final order on this report and recommendation. The text messages in question shall be provided to CSA within fourteen days from the date of entry of a final order on this report and recommendation. The Court ORDERS Mr. Haywood to cooperate in providing the password within the time frame set out in this order; re 62 MOTION to Quash Subpoenas to Nobel Energy, Inc. and Nobel Energy Mediterranean, Ltd.: For the reasons noted within, is RECOMMENDED that the Motion to Quash Subpoenas to Noble Energy, Inc. and Noble Energy Mediterranean, Ltd. be GRANTED; re 61 CSA Ocean Sciences, Inc.'s Motion to Exclude Emergency Response Specialists, Inc.'s Expert Lisa Moore: For the reasons noted within, it is RECOMMENDED that CSA's motion to exclude the expert testimony of Ms. Moore be DENIED; re 58 MOTION for Sanctions Pursuant to Rule 37: For the reasons noted within, it is RECOMMENDED that CSA's Motion for sanctions be GRANTED, and that CSA be AWARDED attorney's fees in the amount of $1600.00 and costs in the amount of $622.50, jointly and severally against Mr. Baxter and ERS. Any party who objects to the findings and conclusions contained in this report and recommendation must, within fourteen days of the date on which it is entered, file specific written objections with the clerk of this court. Signed by Magistrate Judge Harwell G Davis, III on 8/4/16. (SAC )
August 24, 2016
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ORDER -re: R&R 79. The court hereby ADOPTS the report and ACCEPTS the recommendation of the Magistrate Judge. The Motion for Protective order 56 is MOOT. The Motion for Sanctions 58 is DENIED to the extent it seeks an order precluding Lisa Moore from testifying as an expert witness at trial. The Motion for Sanctions is GRANTED to the extent it seeks attorneys fees and costs, CSA is AWARDED attorney's fees' in the amount of $1600.00 and costs in the amount of $622.50, joint and severally against Mr. James T. Baxter, III, and ERS. The motion to Exclude Emergency Response Specialists, Inc.'s Expert Lisa Moore 61 is DENIED. The Motion to Quash Subpoenas to Noble Energy, Inc., and Noble Energy Mediterranean, Ltd. 62 is GRANTED. Signed by Judge R David Proctor on 8/23/2016. (AVC)