American Commercial Lines LLC v. Belle Chase Marine Transportation Inc. et al

Filing 113

ORDER granting Motions to Dismiss 40 , 50 , 57 , 72 , 74 , 75 on the condition that all Counterclaims are WITHDRAWN, WITHOUT PREJUDICE as set forth in document.Signed by Judge Ivan L. R. Lemelle on 9/2/2009. (gec, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA AMERICAN COMMERCIAL LINES, LLC VERSUS SHELL TRADING U.S. COMPANY, ET AL. * * * * * * CIVIL ACTION NOS. 09-3392, 09-3457, 09-3657, 09-4161 SECTION "B"(4)

ORDER AND REASONS After hearing oral argument today in open court and for the reasons expressed therein and those that follow, IT IS ORDERED that the consolidated Motions to Dismiss filed in Civil Action Nos. 09-3392, 09-3457, 09-3657, and 09-4161 are hereby GRANTED on the condition that all Counterclaims are

WITHDRAWN, WITHOUT PREJUDICE.

The Court finds that judicial

economy is best served by letting the administrative process run its course prior to premature action by the Court. See Penny v. Southwestern Bell Telephone Co., 906 F.2d 183, 187 (5th Cir. 1990); Mississippi Power & Light Co. v. United Gas Pipe Line, 532 F.2d 412, 417 (5th Cir. 1976); Wagner & Brown v. ANR Power, 837 F.2d 199, 201 (5th Cir. 1988); Avoyelles Sportsmen's League, Inc. v. Marsh, 715 F.2d 897, 919 (5th Cir. 1983). Also, as to some Defendants who

moved for dismissal, the actions of American Commercial Lines, LLC ("ACL") in seeking OPA preemption is inconsistent with their declaratory judgment action filed only four days after the ruling on OPA preemption. See Hall v. G.E., 327 F.3d 391, 396 (5th Cir. 2003) Today's dismissal pertains to those Defendants who moved for

dismissal and those Defendants who have recently filed or today expressed an intent to file administrative claims against the National entitled Pollution to that Fund Center ("NPFC"). process Said Defendants being are

administrative

without

unduly

burdened by parallel proceedings arising from ACL's declaratory actions. If, as ACL speculates, subsequent pleadings are filed

with this Court by claimants, seeking review of that process, and/or by the NPFC, in subrogation, everyone's interests including ACL's can be efficiently promoting declaratory heard together, avoiding of piecemeal limited and

litigation resources.

while The

efficient action(s)

utilization shall be

stayed

administratively closed until further orders of the Court as to any remaining Defendant(s). New Orleans, Louisiana, this 2nd day of September, 2009.

______________________________ IVAN L.R. LEMELLE UNITED STATES DISTRICT JUDGE