Altro Donna, L.L.C. M/V et al v. Terraquest Group, L.L.C. et al

Filing 152

ORDER granting 137 Motion for Reconsideration ; denying 138 Motion to Strike ; denying 144 Motion to designate order as judgment and for post-settlement pre-judgement interest. Signed by Judge Mary Ann Vial Lemmon on 3/23/16. (cbn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ALTRO DONNA, L.L.C. M/V

CIVIL ACTION

VERSUS

NO. 13-5197

TERRAQUEST GROUP, L.L.C., ET AL

SECTION "S" (3)
ORDER

IT IS HEREBY ORDERED that The Board of Commissioners of the Port of New Orleans'
Motion for Reconsideration (Doc. #137) is GRANTED. However, after considering the United
States Magistrate Judge's Report and Recommendation, the plaintiff's objection thereto and the Port's
opposition to the plaintiffs' objection to the United States Magistrate Judge's Report and
Recommendation, the court finds that the Magistrate Judge's Report and Recommendation was
properly overruled.
At the settlement conference, the parties reached the essential elements of a settlement
agreement, specifically, that they would settle the matter and the amount of money that plaintiffs
would receive. The Port argues that there was no "meeting of the minds" and no settlement because
it reasonably expected that indemnification would be included in the settlement documents as it
argues is the "custom" in maritime cases in the Fifth Circuit. Indemnification was not discussed
at the settlement conference. Thus, it was not a part of the agreement, and the Port still has not cited
to any authority that is "customary" in the Fifth Circuit to include such language in settlement
agreements without it having been agreed to as a term of the settlement.
IT IS FURTHER ORDERED that The Board of Commissioners of the Port of New
Orleans' Motion for to Strike Plaintiffs' Objection to the Report and Recommendation (Doc. #138)
is DENIED. Although plaintiffs did not technically comply with the rules, the court has now
considered both the plaintiffs' objection and the Port's opposition to that objection.

IT IS FURTHER ORDERED that Plaintiffs' Motion to Designate Order as Judgement and
for Post-Settlement Pre-Judgment Interest (Doc. #144) is DENIED. Plaintiffs argue that they should
be awarded post-settlement pre-judgment interest from September 19, 2015, thirty days after the
settlement was reached. However, the parties' attorneys' agreed that the settlement funds would be
delivered within thirty days of the Port's receiving a signed release, which has not occurred.
Therefore, the settlement funds are not yet due and there is no basis on which to award interest.

March
New Orleans, Louisiana, this 23rd day _________________, 2016.
______

_________________________________
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE