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13-4811 - Howard v. Offshore Liftboats, LLC et al


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13-4811 - Howard v. Offshore Liftboats, LLC et al
January 8, 2014
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Minute Order. Proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 1/8/2014 re 60 MOTION to Compel filed by Calvin Howard, 40 MOTION to Quash filed by K & K Offshore, LLC. (Reference: All cases)(lag, )
February 5, 2014
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Minute Order. Proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 2/5/2014 re 66 MOTION to Quash Subpoenas Duces Tecum filed by Calvin Howard. (Reference: All cases)(lag, )
February 11, 2015
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Minute Order. Proceedings held before Magistrate Judge Michael North: Motion Hearing held on 2/11/2015 re 155 MOTION to Quash Plaintiff's Discovery Requests filed by Offshore Liftboats, LLC, 161 MOTION to Quash Discovery Requests filed by K & K Offshore, LLC, 167 MOTION to Quash Subpoena Duces Tecum issued to H&H Consulting Services, L.L.C. and for Protective Order filed by Offshore Liftboats, LLC. (Court Reporter Rebecca Gonzalez.) (Reference: All cases)(lag)
March 4, 2015
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ORDER AND REASONS granting 178 Motion for Sanctions and Costs as set forth in document. Signed by Magistrate Judge Michael North. (Reference: All cases)(lag)
April 1, 2015
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Minute Order. Proceedings held before Magistrate Judge Michael North: Motion Hearing held on 4/1/2015 re 194 MOTION for New Trial, to Alter or Amend the Judgment, and/or for Relief from Judgment filed by Offshore Liftboats, LLC. (Court Reporter Arlene Movahed.) (Reference: All cases)(lag)
June 18, 2015
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ORDER re 200 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. IT IS ORDERED that the magistrate judge's decision is AFFIRMED. Signed by Judge Susie Morgan. (Reference: All Cases)(bwn)
July 10, 2015
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ORDER AND REASONS re 253 MOTION to Quash MOTION for Protective Order . Signed by Magistrate Judge Michael North on 7/9/2015.(Reference: 13-4811)(bwn)
October 13, 2015
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ORDER AND REASONS - IT IS ORDERED that Plaintiff Raymond Howards motion for partial summary judgment on maintenance and punitive damages is DENIED and on cure is DEFERRED. IT IS FURTHER ORDERED that Plaintiff Calvin Howards motion for partial summary judgment on maintenance and cure and punitive damages is DENIED. IT IS FURTHER ORDERED that Defendant OLB submit a supplemental opposition memorandum to the Court by November 15, 2015, at 5:00 p.m., addressing Plaintiff Raymond Howards motion for partial summary judgment with respect to his claim for cure. Raymond may file a supplemental reply memorandum by November 22, 2015, at 5:00 p.m. Signed by Judge Susie Morgan on 10/12/2015. (Reference: All Cases)(bwn)
November 13, 2015
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Minute Order. Proceedings held before Judge Susie Morgan: Status Conference held on 11/13/2015. IT IS ORDERED that the motion for summary judgment 325 filed by Offshore Liftboats, LLC (OLB), with respect to the claims for punitive damages asserted by Plaintiffs Raymond Howard and Calvin Howard against OLB, is hereby GRANTED. Under Fifth Circuit case law, Plaintiffs may only recover punitive damages against OLB if it is proven that OLBs failure to pay maintenance and cure was willful and wanton. IT IS FURTHER ORDERED that the motion for bifurcated jury trial 328 filed by Plaintiffs Raymond Howard and Calvin Howard is hereby GRANTED. The Court will decide K&Ks limitation of liability claims to the extent that K&K is entitled to try these claims to the Court under controlling law, and a jury will decide Plaintiffs Jones Act and General Maritime Law claims to the extent that Plaintiffs are entitled to try those claims to a jury under controlling law. An amended Scheduling Order, including pre-trial deadlines with respect to both trials, is included below. IT IS FURTHER ORDERED that, if the portion of Plaintiff Raymond Howards motion for partial summary judgment on OLBs obligation to cure with respect to which the Court deferred ruling5 is not resolved within 14 days, Plaintiff Raymond Howard shall file a supplemental memorandum in further support of its motion by Monday, November 30, 2015, at 5:00 p.m. IT IS FURTHER ORDERED that Defendants OLB and K&K Offshore shall, by Monday, November 30, 2015, at 5:00 p.m., provide Plaintiffs Raymond Howard and Calvin Howard copies of all surveillance tapes taken of Plaintiffs through that date. The Court reminds Defendants that any tapes not provided to Plaintiffs in a timely manner will be excluded from the trial(s) of this matter. IT IS FURTHER ORDERED that the parties comply with the amended pre-trial deadlines as set forth herein. All deadlines apply to both the jury trial and the bench trial, unless stated otherwise. (Reference: 13-6407 and 14-188)(bwn)
November 20, 2015
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ORDER AND REASONS granting 341 Motion to Dismiss Plaintiff, Calvin Howard's, Claims for Punitive Damages and 343 Motion to Dismiss Plaintiff, Raymond Howard's Claims for Punitive Damages. Signed by Judge Susie Morgan on 11/19/2015. (Reference: 13-6407, 14-1188)(bwn)
January 6, 2016
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ORDER AND REASONS denying 353 Motion for Partial Summary Judgment. Signed by Judge Susie Morgan. (Reference: All Cases)(bwn)
January 6, 2016
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ORDER AND REASONS denying 330 Motion for Partial Summary Judgment. Signed by Judge Susie Morgan. (Reference: All Cases)(bwn)
January 8, 2016
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ORDER AND REASONS denying 454 Motion to Compel. Signed by Magistrate Judge Michael North. (Reference: 13-4811)(bwn)
January 11, 2016
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ORDER AND REASONS denying 350 Motion for Summary Judgment. Signed by Judge Susie Morgan. (Reference: 13-6407 and 14-1188)(bwn)
January 14, 2016
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ORDER AND REASONS GRANTING IN PART AND DENYING IN PART 331 Motion in Limine; granting in part and denying in part 334 Motion in Limine; granting in part and denying in part 336 Motion to Exclude. Signed by Judge Susie Morgan on 1/13/2016. (Reference: All Cases)(bwn) Modified on 1/14/2016 (bwn).
January 19, 2016
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ORDER AND REASONS granting 231 Motion for Partial Summary Judgment as set forth herein. OLB is obligated to pay cure in the amount of $56,561.72 for Raymonds medical charges invoiced by DMA. Signed by Judge Susie Morgan on 1/18/2016. (Reference: All Cases)(bwn)
January 19, 2016
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ORDER AND REASONS denying 439 Motion in Limine. Signed by Judge Susie Morgan on 1/18/2016. (Reference: All Cases)(bwn)
January 19, 2016
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ORDER AND REASONS denying 474 Motion in Limine; denying 476 Motion to Exclude. Signed by Judge Susie Morgan on 1/18/2016. (Reference: All Cases)(bwn)
January 19, 2016
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ORDER AND REASONS denying 479 Motion in Limine. Signed by Judge Susie Morgan on 1/18/2016. (Reference: All Cases)(bwn)
January 19, 2016
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ORDER AND REASONS re 525 Motion in Limine to Exclude Deposition Excerpts for Witnesses Who Are Available and Will Testify Live at Trial. Signed by Judge Susie Morgan. (Reference: All Cases)(bwn)
January 19, 2016
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ORDER AND REASONS granting 335 Motion in Limine with respect to David Cole; granting in part and denying in part 339 Motion in Limine with respect to David Cole. Signed by Judge Susie Morgan. (Reference: All Cases)(bwn)
January 20, 2016
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ORDER AND REASONS granting 473 Motion in Limine to exclude evidence regarding Captain Tim Lawrences criminal history with respect to his convictions for domestic abuse and child pornography. Signed by Judge Susie Morgan on 1/19/2016. (Reference: All Cases)(bwn)
January 23, 2016
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ORDER AND REASONS granting 707 Motion to Strike Dr. Gorman addendum and imaging related to Dr. Harch, as stated herein. Signed by Judge Susie Morgan on 1/23/2016. (Reference: All Cases) (tsf)
January 23, 2016
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ORDER AND REASONS denying 715 Motion for Reconsideration. Signed by Judge Susie Morgan on 1/23/2016. (Reference: All Cases) (tsf)
January 23, 2016
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ORDER AND REASONS granting in part and denying in part 477 Motion in Limine to Exclude Evidence of Sylvester Richardson's Alleged Dilute Drug Test; Unrelated Termination for Refusal to Take a Drug Test; and His Criminal History, as stated herein. Signed by Judge Susie Morgan on 1/23/2016. (Reference: All Cases) (tsf)
January 23, 2016
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ORDER AND REASONS re Calvin Howard's 697 Objections to demonstrative aids intended to be used during opening statements and Raymond Howard's 698 Objections to Exhibits 212, 213, 222, 223, 227, 237, 244, 246, & 254, as stated herein. Signed by Judge Susie Morgan on 1/23/2016. (Reference: All Cases) (tsf)
January 24, 2016
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ORDER AND REASONS that Plaintiffs' shall not call Robert Watson, a defense expert, in their case-in-chief as indicated in their 713 Memorandum re Testimony of OLB's Testifying Expert Witness, Robert Watson, or attempt to introduce his deposition testimony during Plaintiffs' case-in-chief. This ruling applies to all other defense experts whom Plaintiffs may wish to call as witnesses in their case-in-chief. Signed by Judge Susie Morgan on 1/24/2016. (Reference: All Cases) (tsf)
January 24, 2016
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ORDER AND REASONS re 695 Objections and 725 Objections filed by K&K Offshore, LLC, et al and 700 Objections filed by Offshore Liftboats, LLC to exhibits and other demostrative aids which the Plaintiffs intend to use during opening statements, as stated herein. Signed by Judge Susie Morgan on 1/24/2016. (Attachments: # (1) SPECT scan images ordered by Dr. Harch) (Reference: All Cases)(tsf)
January 24, 2016
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ORDER AND REASONS granting in part and denying in part 483 Motion in Limine re Daniel Blake Ryland; 485 Motion in Limine re Captain Godwin; and 486 Motion in Limine re Captain Sizemore, as stated herein. Signed by Judge Susie Morgan on 1/24/2016. (Reference: All Cases) (tsf)
January 24, 2016
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ORDER AND REASONS granting 720 Motion to Strike Late Filed Medical Reports and to Limit Trial Testimony of Dr. Larry Pollock. Signed by Judge Susie Morgan on 1/24/2016. (Reference: All Cases) (tsf)
January 24, 2016
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ORDER denying Calvin Howard's 735 Motion for Reconsideration Regarding Deposition Designations. FURTHER ORDER denying as moot the 736 Motion to Expedite. Signed by Judge Susie Morgan on 1/24/2016. (Reference: All Cases) (tsf)
January 26, 2016
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awrence and 754 Order on OLB's 623 Objections to Deposition Excerpts of Captain Timothy Lawrence, as stated herein. Signed by Judge Susie Morgan on 1/26/2016. (Reference: All Cases) (tsf)ORDER AND REASONS granting in part and denying in part Calvin Howard's 756 Motion for Reconsideration of the Court's previous rulings re 753 Order on K&K's 589 Objections to Plaintiffs' Deposition Designations of Tim L
January 27, 2016
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ORDER AND REASONS re K&K Defendants' 601 Objections and OLB's 600 Objections to Exhibits 110, 111, 117, 121, 156, 168, 169, 172 and 202, as stated herein. Signed by Judge Susie Morgan on 1/27/2016. (Reference: All Cases) (tsf)
January 28, 2016
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ORDER AND REASONS re OLB's 600 Objections and K&K Defendants' 601 Objections to Exhibits 111, 123, 127, 129, 163, and 185, as stated herein. Signed by Judge Susie Morgan on 1/28/2016. (Reference: All Cases) (tsf)
February 1, 2016
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ORDER AND REASONS re OLB's 600 Objections and K&K Defendants' 601 Objections to Exhibits 106, 107, 235 and 236, as stated herein. Signed by Judge Susie Morgan on 2/1/2016. (Reference: All Cases) (tsf)
February 1, 2016
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ORDER AND REASONS granting K&K Defendants' 333 Motion in Limine to Limit the Testimony of Jack Madeley and OLB's 337 Motion in Limine to Limit and/or Exclude the Testimony of Plaintiff's Liability Expert, Jack Madeley, as stated herein. Signed by Judge Susie Morgan on 2/1/2016. (Reference: All Cases)(tsf)
February 2, 2016
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ORDER AND REASONS denying Calvin Howard's 344 Motion in Limine Strike and/or Limit Opinions and Tesimony of Carla D. Seyler, as stated herein. Signed by Judge Susie Morgan on 2/2/2016. (Reference: All Cases) (tsf) (Main Document 785 replaced on 2/2/2016 to correct footnote 25-3) (tsf).
February 5, 2016
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ORDER AND REASONS denying 345 Motion in Limine to Exclude the Proposed Testimony of Dr. John Thompson. Signed by Judge Susie Morgan. (Reference: all cases)(bwn)
February 8, 2016
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ORDER AND REASONS - Before the Court are Plaintiff Raymond Howards objections to the designations of his deposition submitted by Defendant Offshore Liftboats, LLC (OLB). The Court has considered the objections and rules as noted herein. Signed by Judge Susie Morgan.(Reference: All Cases)(bwn)
February 10, 2016
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ORDER AND REASONS re Dr. Cornelius E. Gorman. Signed by Judge Susie Morgan on 2/9/2016.(Reference: All Cases)(bwn)
February 11, 2016
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ORDER AND REASONS denying 346 Motion in Limine to Exclude or Limit Testimony of Defendants' Neuropsychologist Expert, Kevin Greve, PhD. Signed by Judge Susie Morgan. (Reference: All Cases)(bwn)
May 17, 2016
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ORDER AND REASONS - IT IS ORDERED that Ryan Zehl is hereby personally sanctioned $1,000.00 for the conduct described above, payable to the Clerk of this Court. Signed by Judge Susie Morgan.(Reference: All Cases)(bwn)
June 24, 2016
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ORDER AND REASONS RE 875 Motion for Taxation of Costs. ; 877 Motion for Taxation of Costs. ; 878 Motion for Bill of Costs - IT IS ORDERED that the motions to tax costs64 considered by the Court herein are GRANTED IN PART. Plaintiffs Raymond Howard and Calvin Howard are the prevailing parties in this action and, as a result, are entitled to recover from OLB 50% of their pre-offer costs under Rule 54(d). Pursuant to Rule 68(d), OLB is entitled to recover its post-offer costs from Plaintiffs. IT IS FURTHER ORDERED that this matter is referred to the office of the Clerk of Court for the taxation of costs in accordance with this ruling. Signed by Judge Susie Morgan on 6/24/16. (Reference: all cases)(cg) (NEF; Clerk)
June 28, 2016
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ORDER AND REASONS re 871 Motion to Alter Judgment - IT IS ORDERED that Plaintiffs Calvin Howard and Raymond Howards renewed post-trial motion for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b) and, in the alternative, a motion for new trial under Rule 59(a), is DENIED. Signed by Judge Susie Morgan on 6/27/2016. (Reference: All Cases)(bwn)