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

Filing 58

ORDER finding as moot 29 Motion to Strike ; granting 39 Motion to Amend Complaint as set out. Signed by Judge Kristi K. DuBose on 7/28/2011. (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 LLC, et al., Plaintiffs, v. 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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION 11-00223-KD-C In Personam and In Rem ORDER This matter is before the Court on the Motion for Leave to Amend the Third-Party Complaint (and supporting exhibits) filed by Defendants/Third-Party Plaintiffs Atchafalaya Marine, LLC and Rodd Cairns. (Docs. 39, 41, 42). Any party opposing this motion was provided the opportunity to file a response by July 26, 2011. (Doc. 46). To date, no such responses have been filed. Additionally, while Intervenor Plaintiff Midsouth Bank, N.A. filed a motion for leave of Court to file a reply1 (related to what was, at the time, Defendants/ThirdParty Plaintiffs Atchafalaya Marine, LLC and Rodd Cairns’ proposed amended third party complaint (Doc. 40)), and this motion was granted on July 12, 2011 (Doc. 45), Midsouth did not actually file the reply. Thus, Midsouth’s reply is not presently before this Court. Accordingly, it 1 is ORDERED the Motion for Leave to Amend the Third-Party Complaint filed by Defendants/Third-Party Plaintiffs Atchafalaya Marine, LLC and Rodd Cairns (Doc. 39) is unopposed, and thus, is GRANTED. In light of the foregoing, it is further ORDERED that Intervenor Plaintiff Midsouth Bank, N.A.’s motion to strike the jury demand (Doc. 29) in the Third-Party Complaint filed by Defendants/Third-Party Plaintiffs Atchafalaya Marine, LLC and Rodd Cairns (Doc. 35), is now MOOT. Upon the filing of the Amended Third Party Complaint by Defendants/Third-Party Plaintiffs Atchafalaya Marine, LLC and Rodd Cairns, and Intervenor Plaintiff Midsouth Bank, N.A.’s receipt of service of same, Midsouth nevertheless has the opportunity to file a responsive pleading pursuant to the Federal Rules of Civil Procedure. DONE and ORDERED this the 28th day of July 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1 Midsouth attached a Proposed Reply to this motion for the Court’s review. 2

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