Emergency Response Specialists Inc v. CSA Ocean Sciences Inc et al

Filing 83

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 Mo ore 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)

FILED
2016 Aug-24 AM 08:51
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

EMERGENCY RESPONSE
SPECIALISTS, INC.,

)
)
)
Plaintiff/Counterclaim Defendant )
)
vs.
)
)
CSA OCEAN SCIENCES, INC.,
)
)
Defendant/Counterclaim Plaintiff )

Case No. 2:14-cv-02214-RDP

ORDER

On August 4, 2016, the Magistrate Judge=s Report and Recommendation was entered and the
parties were allowed therein fourteen (14) days in which to file objections to the recommendations
made by the Magistrate Judge. No party has filed objections to the Magistrate Judge=s Report and
Recommendation.
After careful consideration of the record in this case and the Magistrate Judge=s Report and
Recommendation, the court hereby ADOPTS the report of the Magistrate Judge. The court further
ACCEPTS the recommendations of the Magistrate Judge. Therefore, the court ORDERS as
follows:
(1) Executed Interrogatory Responses. Executed interrogatory answers SHALL be
provided to CSA Ocean Sciences, Inc. (CSA), within seven (7) days from the date of entry of this
order.

(2) Emails. To the extent that Lisa Moore has any responsive emails (with their attachments)
on her laptop, she SHALL produce copies of the emails with attachments, to CSA within fourteen
(14) days from the date of entry of this order.
(3) Videos. Certain photographs produced in response to CSA=s request for production of
documents were in fact videos. The video files in question SHALL be provided to CSA within
fourteen (14) days from the date of entry of this order.
(4) Text Messages. The text messages in question shall be provided to CSA within fourteen
(14) days from the date of entry of this order. The Court ORDERS Carl Haywood to cooperate in
providing the password within the time frame set out in this order. If Mr. Haywood refuses to
cooperate, counsel for Emergency Response Specialists, Inc. (ERS) SHALL inform the court, and
the court will enter a further order compelling Mr. Haywood=s cooperation.
(5) The Motion for Protective Order (Doc. 56) is MOOT.
(6) The Motion for Sanctions (Doc. 58) is DENIED to the extent it seeks an order dismissing
ERS=s claims against CSA and 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
attorney fees and costs, and CSA is AWARDED attorney=s fees in the amount of $1600.00 and costs
in the amount of $622.50, jointly and severally against Mr. James T. Baxter, III, and ERS.
(7) The Motion to Exclude Emergency Response Specialists, Inc.=s Expert Lisa Moore (Doc.
61) is DENIED.

(8) The Motion to Quash Subpoenas to Noble Energy, Inc. and Noble Energy Mediterranean,
Ltd. (Doc. 62) is GRANTED.
The Clerk is directed to TERMINATE Docs. # 55, 56, 58, 61 and 62.
DONE and ORDERED this August 23, 2016.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE