Offshore Marine Contractors, Inc. v. Palm Energy Offshore, L.L.C. et al

Filing 208

ORDER denying 201 Motion to Exclude. Signed by Chief Judge Sarah S. Vance on 5/28/13. (Reference: ALL CASES)(jjs, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
OFFSHORE MARINE CONTRACTORS,
INC.

CIVIL ACTION

VERSUS

NO: 10-4151

PALM ENERGY OFFSHORE, L.L.C.
ET AL.

SECTION: R

ORDER
Plaintiff Offshore Marine Contractors, Inc. moves to
exclude the evidence of Chet Morrison Well Services, LLC and Chet
Morrison Contractors, LLC (collectively "Chet Morrison") on the
ground that Chet Morrison failed to comply with the Court's
pretrial notice.1 On January 17, 2013, the Court issued a notice
setting forth the dates by which motions must be filed.2 The
notice set a pre-trial conference for May 30, 2013 and stated
that the parties should meet at least ten days before the date of
the pre-trial conference to arrive at stipulations and exchange
evidence.3 The Court's order also stated that it would not permit
exhibits to be used unless the parties complied with the order or
demonstrated good cause for failure to do so.4

1

R. Doc. 201.

2

R. Doc. 139.

3

Id. at 3; R. Doc. 139-1 at 1-2.

4

R. Doc. 139 at 2.

Plaintiff argues that by the close of business on May 20,
2013, Chet Morrison had failed to produce copies of the documents
it intends to offer into evidence at trial, despite the
conference held among the parties on May 16, 2013 to exchange
evidence. Both plaintiff and Chet Morrison blame the other party
for failing to comply with an agreement reached as to how
exhibits would be shared among the multiple parties involved in
the suit. The Court need not concern itself with the arrangement
among the parties, for Chet Morrison puts forth evidence that it
provided its exhibits to plaintiff by 6:15 p.m. on May 20, 2013,
one-half hour before this motion to exclude evidence was filed.5
Thus, Chet Morrison provided its exhibits to plaintiff ten days
before the date of the pre-trial conference, and the Court does
not find that the failure to exchange exhibits at the in-person
conference warrants sanctions under Federal Rule of Civil
Procedure 16(f) or exclusion of Chet Morrison's trial exhibits.
Accordingly, the Court DENIES plaintiff's motion. The Court
notes that the parties have grown increasingly combative over the
course of litigation and instructs all parties to refrain from
filing meritless motions aimed at gamesmanship rather than proper
representation.
New Orleans, Louisiana, this 28th day of May, 2013.
__
_________________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

5

R. Docs. 205-2, 205-3.
2