Bell v. Foster Wheeler Energy Corporation, et al

Filing 360

ORDER AND REASONS re 221 Motion for Partial Summary Judgment - IT IS ORDERED that Warren Pumps motion for partial summary judgment is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that defendants have permission to file one additional joint summary judgment motion of no more than fifteen pages addressing maritime law issues related to standing and damages. Defendants motion is due no later than October 14, 2016. Plaintiffs response, which is also limited to fifteen pages, is due no later than October 21, 2016. Signed by Judge Lance M Africk. (bwn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
WILLIAM C. BELL ET AL.

CIVIL ACTION

VERSUS

No. 15-6394

FOSTER WHEELER ENERGY
CORP. ET AL.

SECTION I

ORDER AND REASONS
Before the Court is Warren Pumps’s motion 1 for partial summary judgment.
The Court notes that since Warren Pumps filed its motion, the Court has limited each
defendant to one summary judgment motion of fifteen pages. 2
The Court concludes that it would be inequitable to uniquely allow Warren to
maintain multiple summary judgment motions. Therefore, the Court will dismiss
Warren’s motion for partial summary judgment without prejudice. Warren is, of
course, free to incorporate any issues contained in the partial motion for summary
judgment into Warren’s upcoming summary judgment brief.
However, the Court notes that Warren’s motion for partial summary judgment
raised issues related to standing and damages that are likely common among all
defendants. Accordingly, the Court will also grant the defendants leave to file one

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2

R. Doc. No. 221.
R. Doc. No. 352, at 19.

joint summary judgment motions addressing maritime law 3 issues relating to
standing and damages.
Accordingly,
IT IS ORDERED that Warren Pumps’s motion for partial summary judgment
is DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that defendants have permission to file one
additional joint summary judgment motion of no more than fifteen pages addressing
maritime law issues related to standing and damages. Defendants’ motion is due no
later than October 14, 2016. Plaintiffs’ response, which is also limited to fifteen
pages, is due no later than October 21, 2016.

New Orleans, Louisiana, October 7, 2016.

_________________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

Should defendants object to the limitation of a single additional joint motion on
maritime issues, they should be prepared to discuss the issue at the October 11, 2016
status conference.

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