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17-1933 - Cox Operating, L.L.C. v. Settoon Towing, LLC et al


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17-1933 - Cox Operating, L.L.C. v. Settoon Towing, LLC et al
May 31, 2018
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ORDER AND REASONS denying 34 Motion for Partial Summary Judgment. Signed by Judge Lance M Africk on 5/31/2018. (Reference: 17-1933)(blg)
June 7, 2018
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ORDER AND REASONS denying 64 Motion for Partial Summary Judgment; dismissing as moot 74 Motion to Strike. Signed by Judge Lance M Africk on 6/7/2018. (Reference: ALL CASES)(blg)
June 26, 2018
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ORDER AND REASONS denying 75 Motion to exclude testimony by Cox expert Arthur Zatarain regarding navigation aid lights and navigation aid light inspection practices. Signed by Judge Lance M Africk on 6/26/2018. (Reference: ALL CASES)(blg)
June 26, 2018
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ORDER AND REASONS re 76 Motion in Limine to exclude certain evidence; ORDERED that Cox's request to exclude evidence based on Settoon experts' post-allision inspections of Quarantine Bay is DENIED. FURTHER ORDERED that Cox's request to exclude the statements allegedly made by Captain Fontaine to Captain Fazioli on 3/30/2018 is DEFERRED until trial. FURTHER ORDERED that Cox's request to exclude evidence that it engaged a third-party contractor to inspect its navigation aid lights is DENIED. Signed by Judge Lance M Africk on 6/26/2018. (Reference: ALL CASES)(blg)
August 13, 2018
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ORDER AND REASONS: For the following reasons, the 83 motion is dismissed in part and deferred in part. IT IS ORDERED that, without objection, the discovery period in this case is reopened to allow the parties to engage in discovery for the limited purpose of determining the amount of the "no claims bonus," provided that such discovery shall be completed by OCTOBER 5, 2018. IT IS FURTHER ORDERED that, in light of the Court's reopening of the discovery period, Cox's motion to exclude Dykes' Rule 30(b)(6) testimony is DISMISSED AS MOOT. IT IS FURTHER ORDERED that final resolution of whether the cover notes are evidence of the insurance policy; whether Cox can recover the loss it suffered by paying a surplus lines tax in connection with the "no claims bonus"; whether the fortuity doctrine or any similar concept is applicable to the case; and whether evidence about the relevant insurance documents requires expert testimony is DEFERRED UNTIL TRIAL. Signed by Judge Lance M Africk on 8/10/2018. (Reference: All Cases)(mmv)
August 13, 2018
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ORDER AND REASONS: IT IS ORDERED that Settoon's 89 motion is GRANTED IN PART and DEFERRED IN PART as set forth herein. Signed by Judge Lance M Africk on 8/13/2018. (Reference: All Cases)(mmv)
August 15, 2018
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ORDER AND REASONS deferring ruling on until trial 90 Motion in Limine to exclude evidence of other accidents. Signed by Judge Lance M Africk on 8/15/2018. (Reference: ALL CASES)(blg)
August 27, 2018
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ORDER AND REASONS denying 94 Motion in Limine to exclude testimony from Settoon Towing, L.L.C.'s expert, Marc Fazioli. Signed by Judge Lance M Africk on 8/27/2018. (Reference: ALL CASES)(blg)
August 27, 2018
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ORDER AND REASONS denying 99 Motion for an adverse inference at trial. Signed by Judge Lance M Africk on 8/27/2018. (Reference: ALL CASES)(blg)