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

Filing 248

EXPARTE/CONSENT MOTION for Leave to File Supplemental Declaration and Supplemental Appendix 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.. Motion(s) referred to Joseph C. Wilkinson, Jr. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Proposed Pleading)(Rosenblum, Carl) (Additional attachment(s) added on 3/29/2011: # 4 Notice of Manual Attachment) (caa, ).

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

Doc. 248 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)

MEMORANDUM IN SUPPORT OF PLAINTIFFS' EX PARTE MOTION FOR LEAVE TO FILE SUPPLEMENTAL DECLARATION AND SUPPLEMENTAL APPENDIX 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 supplemental declaration and supplemental appendix in connection with their Motion to Set Amount of Attorney's Fees and Costs (Rec. Doc. 233). The purpose of the supplemental declaration and supplemental appendix is solely to address the time spent and expenses incurred on this matter

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by Jones, Walker in the month of February of 2011.1 The declarations and appendix filed on February 18, 2011 in support of Plaintiffs' Motion to Set Attorney's Fees and Costs addressed the fees and costs billed to Plaintiffs only through January of 2011. Indeed, in Carl D.

Rosenblum's declaration in support of Plaintiffs' Motion to Set Amount of Attorney's Fees and Costs, he indicated that additional fees and costs were being incurred beyond those submitted, which covered only through January 2011, and that he may amend his declaration to cover additional fees and costs. Rec. Doc. 233-2 at ¶ 22. Plaintiffs therefore ask this Court for leave to file a supplemental declaration and supplemental appendix to provide the Court with appropriate evidence of the additional $50,578.69 amount they seek in attorney's fees and costs, which were incurred by Plaintiffs in February 2011 for worked performed by Jones, Walker. If leave to file is granted, Plaintiffs request that the supplemental appendix, which consists of Jones, Walker's February 2011 billings, be filed into the record under seal pursuant to the Court's Order of February 10, 2011, which authorizes Plaintiffs to file their counsel's billings under seal (Rec. Doc. 231). Plaintiffs' counsel requested the consent of Federal Defendants' counsel to the filing of the proposed supplement, and Federal Defendants do not oppose its filing. Plaintiffs' counsel likewise agreed that Federal Defendants should have the right to respond to it. Plaintiffs therefore respectfully request leave to file a supplemental declaration and a supplemental appendix, under seal, to address Jones, Walker's February 2011 billings to Plaintiffs in this matter, which total $50,578.69 and result in an increase in the fees and costs

Plaintiffs recognize that this Court previously ordered that, after Plaintiffs filed their initial motion and the Federal Defendants filed their opposition memorandum, the parties would not be permitted to file any further briefing (Rec. Doc. 228). In accordance with that Order, Plaintiffs limit their proposed supplemental declaration and supplemental appendix exclusively to Jones, Walker's February 2011 billings and, in them, neither raise nor respond to any legal arguments related to Plaintiffs' right to recover the attorney's fees and costs previously submitted or those that Plaintiffs seek leave to submit.

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award requested by Plaintiffs by that amount for a total award of $1,185,462.89 ($1,134,884.20 plus $50,578.69). Respectfully submitted,

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 24th day of March, 2011.

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