In Re: In the Matter of Tara Crosby LLC

Filing 192

ORDER: IT IS ORDERED that the 151 motion is GRANTED, as stated herein. Signed by Judge Barry W Ashe on 12/11/2019. (am)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

CIVIL ACTION

IN THE MATTER OF TARA CROSBY,
L.L.C. AND CROSBY TUGS, L.L.C.,
AS THE OWNERS AND OWNERS PRO
HAC VICE OF THE M/V CROSBY
COMMANDER AND HER CARGO,
ENGINES, TACKLE, GEAR
APPURTENANCES, ETC., IN REM,
PETITIONING FOR THE
EXONERATION FROM AND/OR
LIMITATION OF LIABILITY

NO. 17-5391
SECTION M (4)

ORDER
Before the Court is claimants Joseph Hebert and Robert Pitre’s motion to bifurcate. 1
Claimants request that the Court bifurcate the trial in this way: (1) a jury trial on claimants’ Jones
Act and general maritime law claims, and (2) a bench trial on the limitation of liability action
filed by Crosby Tugs, L.L.C. and Tara Crosby, LLC (collectively, “Crosby”). No opposition
was filed. 2 Having considered claimants’ memorandum, the record, and the applicable law,
IT IS ORDERED that the motion is GRANTED. Courts in the Fifth Circuit typically
follow a two-tiered procedure in which claimants’ Jones Act and other general maritime law
claims are tried to a jury, and the limitation of liability question is tried by the judge. See, e.g.,
Brister v. A.W.I., Inc., 946 F.2d 350, 353 (5th Cir. 1991); In re Marquette Transp. Co. GulfInland, LLC, 2014 WL 6389978, at *4-5 (E.D. La. Nov. 13, 2014); In re L.L.P. & D. Marine,
Inc., 1997 WL 563999, at *2-3 (E.D. La. Sept. 8, 1997). This “preserve[s] the Jones Act right to
jury trial in limitation of liability proceedings.” In re L.L.P. & D., 1997 WL 563999, at *2.
Accordingly, the Court “will follow the procedure adopted by other district courts and bifurcate

1

R. Doc. 151.
The motion was discussed at the status conference on October 9, 2019. Crosby did not express opposition
to this kind of bifurcation. Third-party defendant Tetra Technologies, Inc. did note that it has asserted that the
claims against it are based solely on general maritime law and thus do not belong before a jury. See R. Doc. 153 at
42-43. This issue, however, is not now before the Court.
2

trial here.” In re Crescent Energy Servs, LLC, 2015 WL 7574771, at *4 (E.D. La. Nov. 25,
2015) (quoting In re Marquette Transp., 2014 WL 6389978, at *5). The Court will try all issues
to the jury except those pertaining to limitation of liability, and concurrently conduct a bench
trial on the limitation issue based on the record from the jury trial, supplemented as needed by
the parties. See Brister, 946 F.2d at 353.

New Orleans, Louisiana, this 11th day of December, 2019.

________________________________
BARRY W. ASHE
UNITED STATES DISTRICT JUDGE