Nieves v. Cooper Marine & Timberlands Corporation et al

Filing 223

ORDER denying as moot the pending motions listed herein pursuant to stipulation of the parties. Signed by Judge J. Leon Holmes on 7/7/2017. (jak)

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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

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