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)

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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, : : CA 11-0223-KD-C MIDSOUTH BANK, N.A., Plaintiff/Counter-Defendant : IN ADMIRALTY In Personam and In Rem vs. : : 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, : vs. : : : 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. : : : 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. 1 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 2

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