SCF Waxler Marine, LLC v. Aris T M/V

Filing 355

ORDER AND REASONS - The Motions in Limine (Rec. Docs. 324 and 325 ) are GRANTED; and the Motion in Limine (Rec. Doc. 326 ) is GRANTED as to generally excluding the materials, and DENIED as to their use for the limited purposes cited in Crosby Tugs, as set forth in document. Signed by Judge Barry W Ashe on 4/19/2019. (Reference: All Cases)(sa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

SCF WAXLER MARINE, LLC

CIVIL ACTION

VERSUS

NO. 16-902
and consol. cases

M/V ARIS T

SECTION: M (1)

ORDER & REASONS
Before the Court are motions in limine filed by Motiva Enterprises LLC; Shell Chemical,
LP; and ARIS T ENE and Maramas Navigation, Ltd. (collectively “Aris T Interests”); and by
Valero Refining - New Orleans, L.L.C., seeking to exclude from evidence at trial the report of the
National Transportation Safety Board (the “Board”), arguing that it is inadmissible under 49
U.S.C. § 1154(b).1 The motions are unopposed. Because § 1154(b) states that, “[n]o part of a
report of the Board, related to an accident or investigation of an accident, may be admitted into
evidence or used in a civil action for damages resulting from a matter mentioned in the report,”
the motions (R. Docs. 324 & 325) are GRANTED.
Also, before the Court is a motion in limine filed be the Aris T Interests seeking to exclude
from evidence at trial materials pertaining to the United States Coast Guard’s marine casualty
investigation and report.2 The Aris T Interests argue that such materials are inadmissible under 46
U.S.C. § 6308(a), which states that “no part of a report of a marine casualty investigation conducted
under section 6301 of this title, including findings of fact, opinions, recommendations,
deliberations, or conclusions, shall be admissible as evidence or subject to discovery in any civil

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R. Docs. 324 & 325.
R. Doc. 326.

… proceedings ….”3

Cenac Marine Services, LLC (“Cenac”) and Genesis Marine, LLC

(“Genesis”) agree that the materials are not generally admissible, but oppose the motion arguing
that they seek to use the report for impeachment of NOBRA pilot Michael Leone (“Leone”) and
to examine Leone’s competence.4 Cenac and Genesis argue that the materials are admissible for
impeachment purposes and for establishing underlying-fact-based investigatory evidence
especially if the Coast Guard representative who gathered such evidence testifies at trial. See In
re Complaint of Crosby Tugs, L.L.C., 2004 WL 5482859, at *2 (E.D. La. Aug. 16, 2004) (Coast
Guard’s post-accident measurement of water depth admissible if Coast Guard investigator taking
measurements testified at trial and ruling on admissibility of Coast Guard report for impeachment
purposes deferred until trial). Having considered the parties’ memoranda and the applicable law,
the Court rules that the motion is GRANTED as to generally excluding the materials, and DENIED
as to their use for the limited purposes cited in Crosby Tugs.

New Orleans, Louisiana, this 19th day of April, 2019.

________________________________
BARRY W. ASHE
UNITED STATES DISTRICT JUDGE

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Id.
R. Docs. 328 & 332.