In The Matter of Cooper Marine & Timberlands Corporation et al

Filing 66

ORDER: The motions for extension of time filed by LSI, SDI Columbus, and Cooper Marine are granted. Documents 100, 101, and 102 in case 3:15-cv-00225 and Documents 87, 88, and 89 in case 3:15-cv-00350. These parties have until seven days after the Rule 30(b)(6) depositions of thirdparty defendants Dawson and Temps Plus are completed to file their responses to KMEP and Kinder Morgan's motions for summary judgment, Documents 98 & 84. Signed by Judge J. Leon Holmes on 10/28/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
IN THE MATTER OF COOPER
MARINE & TIMBERLANDS
CORPORATION,
No. 3:15CV00170 JLH (LEAD)
as Owner Pro Hac Vice and Operator;
and GATX THIRD AIRCRAFT, LLC,
as Owner of the BARGE CMT 123,
Official No. 1067600
******************************
ROBERT L. COLEMAN, Special Administrator
for the Estate of Nicolas Perez Hernandez, and
his Surviving Heirs and Dependents
v.

PLAINTIFF

No. 3:15CV00225 JLH

COOPER MARINE & TIMBERLANDS
CORPORATION, et al.
******************************
KASSANDRA NIEVES, Individually and as
Personal Representative of the Estate of Juan Nieves
and his Surviving Heirs and Dependents
v.

DEFENDANTS
PLAINTIFF

No. 3:15CV00350 JLH

COOPER MARINE & TIMBERLANDS
CORPORATION, et al.

DEFENDANTS
ORDER

Defendants Kinder Morgan Energy Partners, L.P. (“KMEP”) and Kinder Morgan Bulk
Terminals, Inc. (“Kinder Morgan”) have filed motions for summary judgment pursuant to Federal
Rule of Civil Procedure 56 in cases No. 3:15CV002251 and No. 3:15CV00350.2 KMEP and Kinder
Morgan argue that they did not own or operate the terminal where the incident took place and that
they are entitled to borrowing employer immunity under the Longshore and Harbor Workers’

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Document #98.

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Document #84.

Compensation Act. Now, the Court must address the flurry of motions for extension of time that
followed KMEP and Kinder Morgans’ motions for summary judgment.
First, the Court will address the motions filed in case No. 3:15CV00225. Defendant and
third-party plaintiff Logistic Services, Inc. (“LSI”) has filed a motion for extension of time to
respond pursuant to Rule 56(d). Document #100. LSI requests an extension of time until seven days
after the completion of the Rule 30(b)(6) depositions of third-party defendants Dawson Employment
Service, Inc. (“Dawson”) and Temps, Plus, Inc. (“Temps Plus”). Id. at 3. The motion is granted.
Defendant Steel Dynamics Columbus, LLC (“SDI Columbus”) also has filed an unopposed
motion for extension of time to respond pursuant to Rule 56(d). Document #101. SDI Columbus
requests an extension of time until seven days after the completion of the Rule 30(b)(6) depositions
of third-party defendants Dawson and Temps Plus. Id. The motion is granted.
And defendant Cooper Marine & Timberlands, Corp. (“Cooper Marine”) has filed a motion
for extension of time to respond pursuant to Rule 56(d) and adopted the arguments SDI set forth in
its unopposed motion for extension of time. Document #102. The motion is granted.
Second, the Court will address the motions filed in case No. 3:15CV00350. LSI has filed
a motion for extension of time on the same grounds as the motion for extension of time filed in the
related case. Document #87. The motion is granted.
SDI Columbus has also filed a motion for extension of time on the same grounds as the
motion for extension of time in the related case. Document #88. The motion is granted.
And defendant Cooper Marine & Timberlands, Corp. (“Cooper Marine”) has filed a motion
for extension of time to respond pursuant to Rule 56(d) and adopted the arguments SDI set forth in
its unopposed motion for extension of time. Document #89. The motion is granted.

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CONCLUSION
The motions for extension of time filed by LSI, SDI Columbus, and Cooper Marine are
GRANTED. No. 3:15CV00225, Documents #100, #101, & #102; No. 3:15CV00350, Documents
#87, #88, & #89. These parties have until seven days after the Rule 30(b)(6) depositions of thirdparty defendants Dawson and Temps Plus are completed to file their responses to KMEP and Kinder
Morgan’s motions for summary judgment, Documents #98 & #84.
IT IS SO ORDERED this 28th day of October, 2016.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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