Cox Operating, L.L.C. v. Settoon Towing, LLC et al

Filing 78

ORDER AND REASONS denying 64 Motion for Partial Summary Judgment; dismissing as moot 74 Motion to Strike. Signed by Judge Lance M Africk on 6/7/2018. (Reference: ALL CASES)(blg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
COX OPERATING, L.L.C.

CIVIL ACTION

VERSUS

No. 17-1933

SETTOON TOWING, LLC ET AL.

SECTION I

ORDER AND REASONS
Before the Court is a motion 1 filed by plaintiff Cox Operating, L.L.C. (“Cox”)
for partial summary judgment.

Specifically, Cox asks the Court to dismiss the

Complaint for Exoneration from or Limitation of Liability filed by defendant Settoon
Towing, LLC (“Settoon”). Settoon opposes 2 the motion.
Having considered the parties’ briefs and evidence, as well as the applicable
case law, the Court concludes that partial summary judgment in Cox’s favor is wholly
inappropriate, as the parties genuinely dispute numerous facts material to
the limitation issue. The Court therefore denies Cox’s motion.
In light of the Court’s denial of Cox’s motion, the Court also dismisses as moot
Settoon’s pending motion 3 to strike several exhibits submitted by Cox in support of
its motion. Accordingly,
IT IS ORDERED that Cox’s motion for partial summary judgment is
DENIED.

R. Doc. No. 64.
R. Doc. No. 73.
3 R. Doc. No. 74.
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2

1

IT IS FURTHER ORDERED that Settoon’s motion to strike is DISMISSED
AS MOOT.

New Orleans, Louisiana, June 7, 2018.

_______________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

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