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

Filing 246

ORDER granting 243 Motion to Dismiss. Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC's claims against In Rem Defendant M/V BARBARY COAST are DISMISSED with prejudice with each party to bear his or its own costs and atty's fees, and Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC no longer asserts any claims against the monies currently held by the Clerk of Court from the sale of the vessel. Signed by Judge Kristi K. DuBose on 7/6/2012. (sdb)

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 ATCHAFALAYA 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
This matter is before the Court on a “Motion to Dismiss Claims With Prejudice” filed by
Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC, and filed with
consent of all the parties. (Doc. 243).
As grounds, Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC
asserts that his claims against In Rem Defendant M/V BARBARY COAST have been resolved
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such that dismissal with prejudice of same is proper with each party to bear his or its own costs
and attorneys’ fees.

(Id.)

Additionally, in so doing, Plaintiff “makes no further claims against

the monies currently held by the Clerk of Court, from the sale of the vessel.”

(Id.)

The motion is construed as Rule 41(a)(2) voluntary motion to dismiss “at the plaintiff’s
request only by court order, on terms that the court considers proper[],” given that the motion is
not signed by all parties to this case, is not a joint stipulation, and the opposing parties have
already served answers.
Upon consideration, it is ORDERED that the “Motion to Dismiss Claims With
Prejudice” filed by Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC
(Doc. 243) is GRANTED such that Plaintiff Marc E. Oliver d/b/a Gulf Coast Environmental and
Recovery, LLC’s claims against In Rem Defendant M/V BARBARY COAST are DISMISSED
with prejudice with each party to bear his or its own costs and attorney’s fees, and Plaintiff
Marc E. Oliver d/b/a Gulf Coast Environmental and Recovery, LLC no longer asserts any claims
against the monies currently held by the Clerk of Court from the sale of the vessel.
DONE and ORDERED this the 6th day of July 2012.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

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