Slatten, LLC et al v. Royal Caribbean Cruises, Ltd et al

Filing 249

ORDER AND REASONS denies the motion 188 in Limine to preclude evidence of a Plaquemines Port rule specifying barge mooring requirements and refers the preemptionissue to the merits. Signed by Chief Judge Sarah S. Vance on 10/31/14. (Reference: ALL CASES)(jjs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SLATTEN, LLC, et al.

CIVIL ACTION

VERSUS

NO: 13-673

ROYAL CARIBBEAN CRUISES LTD.,
et al.

SECTION: R(5)

ORDER AND REASONS
Marquette Transportation Company Gulf-Inland, LLC and United
Bulk Terminals Davant, LLC ("UBT") move in limine to preclude
evidence of a Plaquemines Port rule specifying barge mooring
requirements on the basis that the local rule is preempted by
federal law. The Court denies the motion and refers the preemption
issue to the merits.

Deciding the motion at this time would not

result in exclusion of evidence on Marquette's and UBT's mooring
practices because the evidence is relevant not only to a potential
violation of the Plaquemines Port rule, but also to UBT's and
Marquette's compliance with UBT's United States Army Corps of
Engineers ("USACE") permit and good maritime practices.
Evidence pertaining to the Plaquemines Port rule at issue is
conditionally admissible pending the Court's resolution of the
legal issue or preemption.
New Orleans, Louisiana, this _____ day of October, 2014.
31st
____________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE