In Re: In the Matter of the Complaint of Peter Knudsen A/S

Filing 113

ORDER denying 106 Motion to Compel Discovery; and denying 107 Motion to Strike. Signed by Magistrate Judge Sonja F. Bivins on 11/23/2009. (mab)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION IN THE MATTER OF THE COMPLAINT OF PETER KNUDSEN A/S, Owner of the M/V VINLAND SAGA (IMO No. 8126549) for Exoneration from or Limitation Liability : : : : : : : : : : : ORDER This action is before the Court on Harrison Brothers Dry Dock & Repair Yard, Inc.' s Motion to Compel Limitation Plaintiff Peter Knudsen to Respond to Requests for Production of Documents (Doc. 106), Limitation Plaintiff Peter Knudsen A/S's Motion to Strike (Doc. 107) and Limitation Plaintiff Peter Knudsen A/S's Response to Motion to Compel (Doc. 112). conducted a discovery On November 23,2009, the undersigned

CIVIL ACTION 08-00505-CG-B IN ADMIRALTY

conference, via telephone, with counsel for Based

the parties to discuss the outstanding discovery motions.

upon the representations of counsel, and upon consideration of the motions, and the opposition thereto, the undersigned, for the reasons expressed during the conference, hereby rules as follows: 1. Limitation Plaintiff Peter Knudsen A/S's Motion to Strike (Doc. While Limitation Plaintiff Peter Knudsen A/S

107) is denied.

(hereinafter "Peter Knudsen") asserts that Harrison Brothers Dry Dock & Repair Yard, Inc. (hereinafter "Harrison Brothers") failed

to comply with the certification requirement contained in Rule 37 of the Federal Rules of Civil Procedure, the record establishes otherwise. the Counsel for the parties had repeated discussions before Motion to Compel was filed. Accordingly, Peter

instant

Knudsen's Motion is denied. 2. Harrison Brother's Motion to Compel (Doc. 107) is granted in In response to production request #1,

part, and is denied in part.

it was agreed that Peter Knusdsen will produce a copy of the last Charter agreement relating to the VINLAND SAGA, which was in effect immediately prior to the accident made the subject of this lawsuit. With respect to production requests #6 and #7, Peter Knusdsen is directed to conduct another search for all documents which relate to any agreements, communications, and financial arrangements or payments of any nature between Knudsen and Andersen relating to the VINLAND SAGA during 2006 and 2007. With respect to production

requests #8 and #9, Peter Knusdsen is directed to conduct a search for all documents which relate to the operation and/or repair of the VINLAND SAGA from the time it was dry docked in Mobile up until the time of the accident made the subject of this lawsuit. With respect to production requests #14, #15, and #22, it was agreed that Peter Knusdsen will conduct another search for any responsive documents that have not already been produced. With respect to production

request # 27, it was agreed that Peter Knusden will search for any documents that discuss or contain the reasons for the decision to transfer management of the VINLAND SAGA from Anderson to Nordane 2

Shipping, Svendborg, on or about January 1, 2007, and any documents which reflect discussions between Anderson and Peter Knusden

regarding Mr. Harris' accident, claims related to the accident, or requests for indemnification in relation to the accident. DONE this 23rd day of November, 2009. /s/SONJA F. BIVINS UNITED STATES MAGISTRATE JUDGE

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