In The Matter of Cooper Marine & Timberlands Corporation et al

Filing 84

ORDER denying as moot pending motions listed herein pursuant to the stipulation of the parties. Motions 73 , 72 , 70 , 68 . Signed by Judge J. Leon Holmes on 7/7/2017. (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

Pursuant to the stipulation of the parties, the following motions are DENIED AS MOOT:
a.

Plaintiffs’ Motion to Exclude Expert Testimony and Opinions of Mr. Marc A. Fazioli
(only as to Coleman Plaintiff, not same pending motion by Nieves Plaintiff [and only
filed in Cooper Marine’s limitation of liability action]). Document #73 pending in
case No. 3:15CV00170.

b.

Plaintiffs’ Motion to Exclude Expert Testimony and Opinions of Mr. Ronald L.
Campana (only as to Coleman Plaintiff, not same pending motion by Nieves Plaintiff

[and only filed in Cooper Marine’s limitation of liability action]). Document #72
pending in case No. 3:15CV00170.
c.

Defendant Steel Dynamics Columbus, LLC’s Motion for Partial Summary Judgment
on Arkansas Wrongful Death and Survival Claims [(only as to Coleman Plaintiff, not
same pending motion against Nieves Plaintiff)]. Document #151 pending in case No.
3:15CV00225.

d.

Defendant Steel Dynamics Columbus, LLC’s Motion for Partial Summary Judgment
on Third Party Beneficiary Claim.

Document #154 pending in case No.

3:15CV00225.
e.

Defendant Steel Dynamics Columbus, LLC’s Motion to Exclude Testimony of Dr.
Thomas W. Butler [(only as to Coleman Plaintiff, not same pending motion against
Nieves Plaintiff)]. Document #159 pending in case No. 3:15CV00225.

f.

Defendant Steel Dynamics Columbus, LLC’s Motion to Exclude Testimony of J.P.
Jamison [(only as to Coleman Plaintiff, not same pending motion against Nieves
Plaintiff)]. Document #157 pending in case No. 3:15CV00225.

g.

Defendant Steel Dynamics Columbus, LLC’s Motion to Exclude Testimony of James
Manley [(only as to Coleman Plaintiff, not same pending motion against Nieves
Plaintiff)]. Document #163 pending in case No. 3:15CV00225.

h.

Defendant Steel Dynamics Columbus, LLC’s Motion to Exclude Testimony of James
Pritchard [(only as to Coleman Plaintiff, not same pending motion against Nieves
Plaintiff)]. Document #165 pending in case No. 3:15CV00225.

i.

Defendant Steel Dynamics Columbus, LLC’s Motion to Exclude Testimony of

2

Richard DiNapoli [(only as to Coleman Plaintiff, not same pending motion against
Nieves Plaintiff)]. Document #161 pending in case No. 3:15CV00225.
j.

Defendant Logistic Services’ Motion to Exclude Reports and Testimony of Richard
DiNapoli and James Manley (only as to Coleman Plaintiff, not same pending motion
against Nieves Plaintiff [and only filed in Cooper Marine’s limitation of liability
action]). Document #70 pending in case No. 3:15CV00170.

k.

Defendant Logistic Services’ Motion to Exclude Portions of the Reports and
Testimony of J.P. Jamison, James Pritchard, and Dr. Thomas W. Butler [Pursuant to
Federal Rules of Evidence 702 and Daubert] (only as to Coleman Plaintiff, not same
pending motion against Nieves Plaintiff [and only filed in Cooper Marine’s
limitation of liability action]). Document #68 pending in case No. 3:15CV00170.

l.

Defendant Logistic Services’ Motion for Partial Summary Judgment on Plaintiff’s
Claims for Non-Pecuniary Damages [(only as to Coleman Plaintiff, not same pending
motion against Nieves Plaintiff)].

Document #145 pending in case No.

3:15CV00225.
m.

Defendant Cooper Marine & Timberlands Corporation’s Motion for Summary
Judgment [(only as to Coleman Plaintiff, not same pending motion against Nieves
Plaintiff)]. Document #148 pending in case No. 3:15CV00225.

n.

Defendant Cooper Marine & Timberlands Corporation’s Motion for Partial Summary
Judgment [with Respect to Certain Claims Sought in the Above Styled Cause] [(only
as to Coleman Plaintiff, not same pending motion against Nieves Plaintiff)].
Document #177 pending in case No. 3:15CV00225.

3

o.

Defendant Cooper Marine & Timberlands Corporation’s Motion to Exclude
Testimony of James Pritchard [(only as to Coleman Plaintiff, not same pending
motion against Nieves Plaintiff)].

Document #181 pending in case No.

3:15CV00225.
p.

Defendant Cooper Marine & Timberlands Corporation’s Motion to Exclude
Testimony of J.P. Jamison [(only as to Coleman Plaintiff, not same pending motion
against Nieves Plaintiff)]. Document #183 pending in case No. 3:15CV00225.

IT IS SO ORDERED this 7th day of July, 2017.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

4