Oliver et al v. M/V Barbary Coast et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
MARC E. OLIVER, d/b/a GULF COAST
ENVIRONMENTAL AND RECOVERY
LLC, et al.,
M/V BARBARY COAST, her engines,
tackle, furniture and appurtenances, etc.
RODD CAIRNS, an individual and
ATCHAFALAYA MARINE, LLC,
CIVIL ACTION 11-00223-KD-C
In Personam and In Rem
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
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
Midsouth attached a Proposed Reply to this motion for the Court’s review.
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