Cotemar SA de CV et al v. HOS Beaufort MV

Filing 59

ORDER granting 52 Motion to Stay. Signed by Judge Mary Ann Vial Lemmon. (cbn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
COTEMAR S.A. de C.V., EXETER
MARINE LIMITED AND OCEAN
OIL CONSTRUCITON AND
SERVICES, S.A.R.L.

CIVIL ACTION

VERSUS

NO: 14-342

Motor Vessel BEAUFORT, in rem

SECTION: "S" (1)

ORDER AND REASONS
IT IS HEREBY ORDERED that Defendant's Motion to Stay Pending a Final Decision
After Appeal if Any in: Cotemar S.A. de C.V., et al. v. Hornbeck Offshore Services, Inc., et al., Civil
Action No. 11-4409 (S.D. Tex.) (Doc. #52) is GRANTED.
The parties in this case contest whether proceeding in this forum is proper because the
related case Cotemar S.A. de C.V., et al. v. Hornbeck Offshore Services, Inc., et al., Civil Action
No. 11-4409 (S.D. Tex.), was dismissed for forum non convenes when the court held that Mexico
would be a more appropriate forum. That decision was appealed to the United States Court of
Appeals for the Fifth Circuit, which remanded the case to the district court for consideration of
whether the arrest of the BEAUFORT in this district changes the forum non convenes analysis. This
court has previously held that ruling on the res judicata effects of the Texas court's forum non
convenes holding would be premature until that decision is final. Because that issue is fundamental
in this case, it is appropriate to stay this matter pending the final outcome of the forum non convenes
issue in the Texas case.1

1

Plaintiff argues that the stay could last as long as two years. Because on June 24, 2014, the Texas
court ordered the parties to file "any response to the issues on remand on or before July 22, 2014," and replies
by August 4, 2014, if necessary, a lengthy delay is unlikely.

2nd
New Orleans, Louisiana, this _____ day of July, 2014.

____________________________________
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE

2