Hornbeck Offshore Services, L.L.C. v. Salazar et al

Filing 148

EXPARTE/CONSENT MOTION for Leave to File Sur-Reply by Alpha Marine Services, L.L.C., Bee Mar - Bayou Bee LLC, Bee Mar - Bee Hive LLC, Bee Mar - Bee Sting LLC, Bee Mar - Bumble Bee LLC, Bee Mar - Busy Bee LLC, Bee Mar - Honey Bee LLC, Bee Mar - Queen Bee LLC, Bee Mar - Worker Bee LLC, Bee Mar Crews LLC, Bee Mar LLC, Bollinger Algiers, L.L.C., Bollinger Amelia Repair, LLC, Bollinger Calcasieu, LLC, Bollinger Fourchon, L.L.C., Bollinger Gretna, L.L.C., Bollinger Larose LLC, Bollinger Marine Fabricators, Inc., Bollinger Morgan City, L.L.C., Bollinger Quick Repair, L.L.C., Bollinger Shipyards Lockport, L.L.C., Bollinger Shipyards, Inc., Bollinger Texas City, LP, C-Innovation, L.L.C., C-Port 2 LLC, C-Port LLC, Clean Tank, LLC, Fourchon Heavy Lift, L.L.C., Gulf Ship, L.L.C., Hornbeck Offshore Services, L.L.C., Martin Holdings, LLC, Nautical Solutions LLC, Nautical Ventures, L.L.C., North American Fabricators, L.L.C., North American Shipbuilding, L.L.C., Offshore Support Services, L.L.C., Reel Pipe LLC, Sea Fluids, L.L.C., Tampa Ship, L.L.C.. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit)(Rosenblum, Carl)

Hornbeck Offshore Services, L.L.C. v. Salazar et al

Doc. 148 Att. 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA HORNBECK OFFSHORE SERVICES, L.L.C., Plaintiff VERSUS * * * * KENNETH LEE "KEN" SALAZAR, IN HIS OFFICIAL CAPACITY AS SECRETARY, UNITED STATES DEPARTMENT OF INTERIOR; UNITED STATES DEPARTMENT OF INTERIOR; ROBERT "BOB" ABBEY, IN HIS OFFICIAL CAPACITY AS ACTING DIRECTOR, MINERALS MANAGEMENT SERVICE; AND MINERALS MANAGEMENT SERVICE, Defendants * * * * * * * * * * * * * MAGISTRATE 2 MAGISTRATE WILKINSON JUDGE FELDMAN SECTION F CIVIL ACTION NO. 10-1663(F)(2)

PLAINTIFFS' MEMORANDUM IN SUPPORT OF EX PARTE MOTION FOR LEAVE TO FILE A SUR-REPLY BRIEF IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS NOW INTO COURT, through undersigned counsel, come Plaintiffs, Hornbeck Offshore Services, L.L.C., the Chouest Entities and the Bollinger Entities ("Plaintiffs"), which respectfully submit this memorandum in support of their ex parte motion for leave to file a sur-reply brief in opposition to Defendants' Motion to Dismiss (Rec. Doc. 125). The attached sur-reply brief is submitted to address certain inaccurate factual and legal arguments in Defendants' Reply in Support of Defendants' Motion to Dismiss (Rec. Doc. 147). Plaintiffs respectfully submit that the sur-reply brief is necessary to clarify and fully address the issues presented in Defendants' Reply Brief.

{N2187182.1}

1
Dockets.Justia.com

Defendants filed their Motion to Dismiss on July 12, 2010, and noticed it for hearing on July 28, 2010 (Rec. Doc. 125-3). On July 20, 2010, Plaintiffs filed their Response in Opposition to Defendants' Motion to Dismiss. (Rec. Doc. 134). On the same day, July 20, 2010,

Defendants filed a Request for Oral Argument on the grounds that their motion to dismiss and Plaintiffs' response "raise a number of complex issues." (Rec. Doc. 135). By Order, dated July 22, 2010, this Court continued the hearing on Defendants' Motion to Dismiss from July 28, 2010, to August 11, 2010, granting Plaintiffs and Defendants 20 minutes each for argument. (Rec. Doc. 138). On July 28, 2010, Defendants moved this Court for leave to file their Reply Brief, (Rec. Doc. 144), which this Court granted on July 29, 2010. (Rec. Doc. 146). Plaintiffs respectfully submit that the sur-reply brief, which responds only to matters set forth in Defendants' reply, will assist the Court in ruling on the "complex issues" raised by Defendants' motion to dismiss, Plaintiffs' response and Defendants' reply, particularly with respect to Defendants' conduct following entry of the preliminary injunction in this matter and its relationship to Defendants' "mootness" contention. Plaintiffs further submit that granting them leave to file their sur-reply brief will not delay the proceedings or prejudice the parties. For these reasons, Plaintiffs respectfully pray that this Court grant them leave to file their sur-reply brief. Respectfully submitted,

{N2187182.1}

2

CARL D. ROSENBLUM, T.A. (2083) GRADY S. HURLEY (13913) ALIDA C. HAINKEL (24114) MARJORIE A. MCKEITHEN (21767) JONES, WALKER, WAECHTER, POITEVENT, CARRÈRE & DENÈGRE 201 St. Charles Avenue, 49th Floor New Orleans, Louisiana 70170 Telephone: [phone] Fax: [phone] [e-mail] And JOHN F. COONEY (admitted Pro Hac Vice) Venable LLP 575 7th Street, N.W. Washington, D.C. 20004 Telephone: [phone] Attorneys for Plaintiffs, Hornbeck Offshore Services, L.L.C., The Chouest Entities and The Bollinger Entities

CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing pleading has been served upon all parties by email or by using the CM/ECF system which will send a Notice of Electronic filing to all counsel of record, this _____ day of August, 2010.

{N2187182.1}

3