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15-840 - PETROLEUM HELICOPTERS INC V. ROLLS ROYCE CORP


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15-840 - PETROLEUM HELICOPTERS INC V. ROLLS ROYCE CORP
May 23, 2013
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MEMORANDUM RULING denying 18 Motion to Remand. The defendants removed this action from state court, contending that the amount in controversy exceeds the jurisdictional threshold, that the plaintiff is diverse in citizenship from defendants Apical and Rolls Royce, that the plaintiff is not diverse in citizenship from defendant OHS, and that the citizenship of OHS must bedisregarded because OHS was improperly joined as a defendant in the suit. PHIsought to remand the action, arguing that there is a possibility that PHI can recover from OHS with regard to the claim set forth in its amended complaint, and therefore arguing that OHS was not improperly joined. The defendants satisfied their burden of proving that the parties are diverse in citizenship and that OHS was improperly joined. The claim asserted against OHS in PHIs original petition is a maritime tort claim, sounding in negligence, for which PHI seeks to recover economic damages. The defendants proved that, as a matter of law, the helicopter and its float system are a single product. Accordingly, the East River doctrine precludes PHI from recovering against OHS on the negligence claim. Signed by Magistrate Judge Patrick J Hanna on 5/23/13. (crt,Kennedy, T)[Transferred from Louisiana Western on 5/29/2015.]
September 9, 2013
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MEMORANDUM RULING re 69 Amended MOTION for Partial Summary Judgment filed by Apical Industries Inc, 58 MOTION for Partial Summary Judgment filed by Apical Industries Inc. Considering the foregoing, the "Motion for Partial Summary Judgment" [Doc. 58] filed by Apical is DENIED AS MOOT, and the "Amended Motion for Partial Summary Judgment" [Doc. 69] filed by Apical is GRANTED in its entirety, and PHI's claims against Apical under the LPLA are DENIED AND DISMISSED WITH PREJUDICE. Signed by Judge Rebecca F Doherty on 9/9/13. (crt,Kennedy, T) [Transferred from Louisiana Western on 5/29/2015.]
November 26, 2013
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RULING granting in part and denying in part 86 Motion to Compel; denying 86 Motion for Attorney Fees; granting in part and denying in part 90 Motion to Compel; denying 90 Motion for Attorney Fees.Apical is ordered to provide PHI with a list of the fourteen incidents, and PHI is ordered to provide Apical with the outcome of each incident and a brief description of the cause of each incident. This shall be accomplished not later than 45 days after the date of this ruling.Apical is ordered to supplement its responses to requests for production by providing verified responses listing those documents or categories of documents that have already been produced. Additionally, Apical is ordered to either produce any additional responsive documents that it may have or to state, in its verified supplemental response, that it has no additional responsive documents in its possession. This shall be accomplished not later than 45 days after the date of this ruling. Signed by Magistrate Judge Patrick J Hanna on 11/26/2013. (crt,Alexander, E) [Transferred from Louisiana Western on 5/29/2015.]
March 7, 2014
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REPORT AND RECOMMENDATIONS re 106 MOTION to Transfer Case pursuant to 28 U.S.C. ยง 1404(a) MOTION to Sever pursuant to F.R.Civ.P. 21 filed by Rolls Royce Corp. Objections to R&R due by 3/24/2014. Signed by Magistrate Judge Patrick J Hanna on 3/7/2014. (crt,Alexander, E) [Transferred from Louisiana Western on 5/29/2015.]
May 7, 2014
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MEMORANDUM RULING For the foregoing reasons, and for the additional reasons set forth in the well-reasoned and meticulously cited Report and Recommendations 132, IT IS ORDERED that the "Renewed 106 Motion to Transfer is DENIED. Signed by Judge Rebecca F Doherty on 5/6/14. (crt,Guidry, C) [Transferred from Louisiana Western on 5/29/2015.]
May 27, 2015
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SEVERANCE ORDER : It is hereby Ordered that the claims Petroleum Helicopters Inc, asserts against Rolls-Royce Corporation in the above captioned action are hereby severed assigned cause number 6:15cv1767 of this Court and entitled Petroleum Helicopters Inc v. Rolls-Royce Corporation. By separate Order, that action will be transferred to the United States District Court for the Southern District of Indiana, Indianapolis Division, in accord with the Fifth Circuit's Mandate. Signed by Judge Rebecca F Doherty on 5/27/15. (crt,Kennedy, T) [Transferred from Louisiana Western on 5/29/2015.]
May 27, 2015
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ORDER : It is Ordered that the above-captioned action is TRANSFERRED to the United States District Court for the Southern District of Indiana, Indianapolis Division. Each party is to bear its own taxable costs, attorneys' fees, and expenses incurred herein to date. Signed by Judge Rebecca F Doherty on 5/27/15. (crt,Kennedy, T) [Transferred from Louisiana Western on 5/29/2015.]
December 9, 2016
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ENTRY ON MOTION FOR SUMMARY JUDGMENT - For the reasons set forth above, the Court GRANTS in part and DENIES in part Rolls-Royce's Motion for Summary Judgment (Filing No. 192). The Court agrees that the pertinent sections of the Limited Warranty are conscionable; however, there is a genuine issue of material fact regarding whether the engine contained a design defect and whether the Limited Warranty meets its essential purpose, and there remains a genuine issue of material fact as to the superseding cause defense; therefore, these issues should be resolved by the trier of fact. The Court further concludes that PHI's non-contractual claims, to which the "economic loss" doctrine might apply, have been withdrawn, therefore summary judgment is granted on this issue. (See Entry.) Signed by Judge Tanya Walton Pratt on 12/9/2016. (JLS)
January 17, 2017
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ORDER ON MOTION FOR RECONSIDERATION - For the reasons stated above, the Court DENIES Rolls Royce's Motion for Reconsideration. (Filing No. 206.) (See Order.) Signed by Judge Tanya Walton Pratt on 1/17/2017. (JLS)
January 17, 2017
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ORDER on Parties' Motions in Limine - PHI's Motion in Limine (Filing No. 213) is granted in part and denied in part, and Rolls Royce's Motions in Limine (Filing No. 215; Filing No. [217;] Filing No. 219; Filing No. 221; Filing No. 223; Filing No. 225) are granted in part and denied in part. Signed by Judge Tanya Walton Pratt on 1/17/2017. (See order for details) (TRG)
January 24, 2017
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ENTRY following final pretrial conference- ORDER granting 242 Motion to Separate Witnesses. Signed by Judge Tanya Walton Pratt on 1/24/2017. (CBU)