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

Filing 276

MOTION Entry of Final Judgment 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 set for 8/10/2011 10:00 AM before Judge Martin L.C. Feldman. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Rosenblum, Carl)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
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HORNBECK OFFSHORE SERVICES, L.L.C., )
et al.
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Plaintiffs,
)
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VERSUS
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KENNETH LEE “KEN” SALAZAR, IN HIS
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OFFICIAL CAPACITY AS SECRETARY,
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UNITED STATES DEPARTMENT OF
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INTERIOR; UNITED STATES
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DEPARTMENT OF INTERIOR; ROBERT
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“BOB” ABBEY, IN HIS OFFICIAL
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CAPACITY AS ACTING DIRECTOR,
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MINERALS MANAGEMENT SERVICE;
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AND MINERALS MANAGEMENT
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SERVICE,
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Defendants.
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CIVIL ACTION NO. 10-1663(F)(2)

Section F
Judge Martin L. C. Feldman

Magistrate 2
Magistrate Joseph C. Wilkinson, Jr.

MEMORANDUM IN SUPPORT OF PLAINTIFFS’
MOTION FOR ENTRY OF FINAL JUDGMENT
NOW INTO COURT, through undersigned counsel, come Plaintiffs, Hornbeck Offshore
Services, L.L.C., the Chouest Entities and the Bollinger Entities, which respectfully submit this
Memorandum in Support of their Motion for Entry of Final Judgment filed pursuant to Rule 58
of the Federal Rules of Civil Procedure. As the Court is aware, due to the history of this matter,

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its current procedural posture, as well as the current factual context of the original dispute
between the parties, it is now appropriate for the Court’s two substantive rulings in this matter
concerning attorney’s fees (Rec. Docs. 226 and 275) to be made part of a Final Judgment and for
all of the remaining claims between the parties to be dismissed with prejudice.
This matter was filed on June 7, 2010 asserting numerous claims against Defendants. As
a result of the Court’s Order imposing a Preliminary Injunction and the Defendants’ actions in
response thereto, by Stipulation dated November 8, 2010 Plaintiffs indicated that the only
remaining claim concerned the de facto moratorium issue. See Rec. Doc. 204. Since that time,
the Court has addressed Plaintiffs’ Motion for Recovery of Attorney’s Fees and by Order dated
February 2, 2011 granted such Motion (Rec. Doc. 226). In connection therewith, the Plaintiffs
filed the Motion to Set Amount of Attorney’s Fees as reimbursement for their losses arising from
Defendants’ contemptuous conduct, and by Order dated June 22, 2011 (Rec. Doc. 275) the Court
awarded Plaintiffs $528,801.18 in reasonable attorney’s fees and $444.33 for costs, revising and
adopting as revised Magistrate Judge Wilkinson’s Findings and Recommendation (Rec. Doc.
265).
Plaintiffs now wish to make those two prior Orders part of a Final Judgment so that if the
parties wish to appeal those matters, the appellate schedule will commence forthwith and accrual
of post judgment interest shall begin. See Kaiser Aluminum & Chem. Corp. v. Bonjorno, 494
U.S. 827, 839-40 (1990). In the same Final Judgment, all other claims between the parties
should be dismissed with prejudice. Accordingly, the requirements for entry of Final Judgment
under Rule 58(b) of the Federal Rules of Civil Procedure have been satisfied.
Plaintiffs note that the filing of this Motion for Entry of Final Judgment is with the
understanding and desire that it will not prejudice Plaintiffs’ ability to execute and collect on the

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Court’s prior two Orders concerning attorney’s fees, once they are made part of a final judgment.
As the prevailing parties, Plaintiffs respectfully request that court costs be taxed against
Defendants. See Rule 54(d) of the Federal Rules of Civil Procedure and 28 U.S.C. § 1920.
For the foregoing reasons, the Plaintiffs respectfully request that the Court enter Final
Judgment in the form as set forth in the proposed Final Judgment attached hereto.
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

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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 13th day of July, 2011.

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