Oliver et al v. M/V Barbary Coast et al

Filing 105

ORDER ADOPTING 96 REPORT AND RECOMMENDATIONS as follows: Defendant Rodd Cairns' motion to dismiss (doc. 48) is denied as moot. Any responses to Midsouth's motion for leave to file answr out of time (doc. 103) shall be filed on or before 9/14/11. Signed by Judge Kristi K. DuBose on 9/6/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MARC E. OLIVER, d/b/a GULF COAST
ENVIRONMENTAL AND RECOVERY,
And T.M. JEMISON CONSTRUCTION
CO. INC. d/b/a JEMISON MARINE, INC.,
Plaintiffs,

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CA 11-0223-KD-C

MIDSOUTH BANK, N.A.,
Plaintiff/Counter-Defendant

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IN ADMIRALTY
In Personam and In Rem

vs.

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M/V BARBARY COAST, her engines,
tackle, furniture, and appurtenances, etc.,
In Rem, and RODD CAIRNS, an
individual, and ATCHAFALYA MARINE,
LLC, In personam,
Defendants/Counter-Plaintiffs/
Third-Party Plaintiffs,

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vs.

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EAGLE RIVER TOWING, L.L.C., p/k/a/or
a/k/a EAGLE INLAND TOWING,
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA,
LOUISIANA LIMESTONE & LOGISTICS,
L.L.C., and CURTIS BUFORD,
Third-Party Defendants.

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ORDER

After due and proper consideration of all portions of this file deemed relevant to the
issues raised, and a de novo determination of those portions of the recommendation to which
objection is made, the Court finds as follows:
1) That portion of the Report and Recommendation (Doc. 96) of the Magistrate Judge
made under 28 U.S.C. § 636(b)(l)(B) and dated August 26, 2011, recommending that Defendant
Rodd Cairns’ motion to dismiss (Doc. 48) be DENIED AS MOOT, is hereby ADOPTED as the
opinion of this Court.

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2) Concerning the Plaintiffs Mark Oliver and T.M. Jemison Construction Co.’s motion to
strike/dismiss Midsouth’s answer and counterclaim (Doc. 47), the Court notes that embedded in
Midsouth’s Objection (Doc. 103) to the Report and Recommendation (Doc. 96), is a motion for
leave of Court to file its answer out of time.
Accordingly, it is ORDERED that any Response to Midsouth’s motion for leave of Court
to file its answer out of time (Doc. 103) shall be filed on or before September 14, 2011.

DONE and ORDERED this the 6th day of September 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

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