IN THE MATTER OF Crosby Marine Transportation, LLC et al
Filing
245
ORDER GRANTING 237 Motion to Dismiss to Dismiss Third-Party Complaint of Kathy Randle, mother of decedent, Samantha Randle, and Anna Clark, against BIS Services, LLC, 238 Motion to Dismiss Motion to Dismiss Third-Party Complaint of Angela Hugg ins against BIS Services, 239 Joint Motion to Dismiss Crossclaims and Counterclaims between BIS Services, LLC and Chad Williams, GEICO Marine Insurance Company, and GeoVera Specialty Insurance Company, 241 Motion to Dismiss Claim and Crossclaims of BIS Services, LLC against Claud Toups, 242 Motion to Dismiss Claims of BIS Services, LLC against Crosby Marine Transportation, LLC, Crosby Tugs, LLC, and Bertucci Contracting Co., LLC, 243 Motion to Dismiss Crossclaims of BIS Services, LLC aga inst Crosby Dredging, LLC, Chris Carter, and Derek Hebert, 244 Motion to Dismiss Crossclaims of BIS Services, LLC against Insurers of Crosby Marine Transportation, LLC, Crosby Tugs, LLC, Crosby Dredging, LLC, and Bertucci Contracting Co., LLC. Signed by Judge Barry W Ashe on 9/20/2019. (Reference: All Cases)(clc)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
IN THE MATTER OF CROSBY MARINE
TRANSPORTATION, LLC AND CROSBY
TUGS, LLC, AS THE OWNERS AND
OWNERS PRO HAC VICE OF THE M/V
DELTA DUCK AND HER CARGO,
ENGINES, TACKLE, GEAR,
APPURTENANCES, ETC. IN REM AND
BERTUCCI CONTRACTING COMPANY,
LLC AS THE OWNERS AND OPERATORS
PRO HAC VICE OF THE BARGE BBL 708
AND HER CARGO, ENGINES, TACKLE,
GEAR, APPURTENANCES, ETC. IN REM
PETITIONING FOR EXONERATION FROM
AND/OR LIMITATION OF LIABILITY
RE:
CIVIL ACTION
NO. 17-14023 c/w 18-4136
SECTION M (4)
JUDGE BARRY W. ASHE
MAGISTRATE JUDGE KAREN W.
ROBY
ALL CASES
ORDER
Before the Court are several motions to dismiss regarding BIS Services, LLC:
(1)
Unopposed Voluntary Motion to Dismiss Third-Party Complaint of Kathy Randle,
mother of decedent, Samantha Randle, and Anna Clark, against BIS Services, LLC
(R. Doc. 237);
(2)
Unopposed Voluntary Motion to Dismiss Third-Party Complaint of Angela
Huggins against BIS Services, LLC (R. Doc. 238);
(3)
Joint Motion to Dismiss Crossclaims and Counterclaims between BIS Services,
LLC and Chad Williams, GEICO Marine Insurance Company, and GeoVera
Specialty Insurance Company (R. Doc. 239);
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(4)
Unopposed Voluntary Motion to Dismiss Claim and Crossclaims of BIS Services,
LLC against Claud Toups (R. Doc. 241);
(5)
Unopposed Voluntary Motion to Dismiss Claims of BIS Services, LLC against
Crosby Marine Transportation, LLC, Crosby Tugs, LLC, and Bertucci Contracting
Co., LLC (R. Doc. 242);
(6)
Unopposed Voluntary Motion to Dismiss Crossclaims of BIS Services, LLC
against Crosby Dredging, LLC, Chris Carter, and Derek Hebert (R. Doc. 243);
(7)
Unopposed Voluntary Motion to Dismiss Crossclaims of BIS Services, LLC
against Insurers of Crosby Marine Transportation, LLC, Crosby Tugs, LLC,
Crosby Dredging, LLC, and Bertucci Contracting Co., LLC (R. Doc. 244).
Having considered all motions;
IT IS ORDERED that the Third-Party Complaint of Kathy Randle, mother of decedent,
Samantha Randle, and Anna Clark, against BIS Services, LLC (R. Doc. 41) be, and the same
hereby is, DISMISSED, without prejudice, each party to bear her or its own respective costs,
and reserving unto Kathy Randle, mother of decedent, Samantha Randle, and Anna Clark, all
rights which they may have, or have asserted, against all other parties to this litigation and
with respect to the accident of November 19, 2017, subject of the captioned litigation.
IT IS FURTHER ORDERED that the Third-Party Complaint of Angela Huggins
against BIS Services, LLC (R. Doc. 51) be, and the same hereby is, DISMISSED, without
prejudice, each party to bear her or its own respective costs, and reserving unto Angela
Huggins, any and all claims, demands, and/or causes of action against any and all entities
arising out of the accident of November 19, 2017, including but not limited to those claims
against those entities subject to the captioned litigation.
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IT IS FURTHER ORDERED that all crossclaims off BIS Services, LLC against Chad
Williams, GEICO Marine Insurance Company, and GeoVera Specialty Insurance Company,
and all counterclaims and crossclaims of Chad Williams, GEICO Marine Insurance Company,
and GeoVera Specialty Insurance Company against BIS Services, including but not limited to
the following crossclaims and counterclaims of BIS Services, LLC, Chad Williams, GEICO
Marine Insurance Company, and GeoVera Specialty Insurance Company:
1.
Crossclaim by BIS Services, LLC against Chad Williams, GEICO Marine
Insurance Company, and GeoVera Specialty Insurance Company (R. Doc. 118);
2.
Crossclaim by BIS Services, LLC against Chad Williams, GEICO Marine
Insurance Company, and GeoVera Specialty Insurance Company (R. Doc. 119);
3.
Counterclaim against BIS Services, LLC by Chad Williams, GEICO Marine
Insurance Company, and GeoVera Specialty Insurance Company (R. Doc. 151);
4.
Counterclaim against BIS Services, LLC by Chad Williams, GEICO Marine
Insurance Company, and GeoVera Specialty Insurance Company (R. Doc. 152);
5.
Crossclaim against BIS Services, LLC by Chad Williams, GEICO Marine
Insurance Company, and GeoVera Specialty Insurance Company (R. Doc. 153);
6.
Crossclaim against BIS Services, LLC by Chad Williams, GEICO Marine
Insurance Company, and GeoVera Specialty Insurance Company (R. Doc. 154);
7.
Crossclaim against BIS Services, LLC by Chad Williams, GEICO Marine
Insurance Company, and GeoVera Specialty Insurance Company (R. Doc. 155);
8.
First Amended Crossclaim against Chad Williams, GEICO Marine Insurance
Company, and GeoVera Specialty Insurance Company by BIS Services, LLC (R.
Doc. 164); and
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9.
First Amended Crossclaim against Chad Williams, GEICO Marine Insurance
Company, and GeoVera Specialty Insurance Company by BIS Services, LLC (R.
Doc. 165);
be, and the same hereby are, DISMISSED, without prejudice, each party to bear their own
respective costs, and reserving unto BIS Services, LLC, Chad Williams, GEICO Marine
Insurance Company, and GeoVera Specialty Insurance Company all rights which they may
have against all other parties to this litigation.
IT IS FURTHER ORDERED that the Claim and Crossclaims of BIS Services, LLC
against Claude Toups (R. Docs. 117, 118, and 119) be, and the same hereby are, DISMISSED,
without prejudice, each party to bear his or its own respective costs, and reserving unto BIS
Services, LLC all rights which it may have against all other parties to this litigation and/or with
respect to the accident of November 19, 2017, subject of the captioned consolidated litigation.
IT IS FURTHER ORDERED that the Claims of BIS Services, LLC against Crosby
Marine Transportation, LLC and Crosby Tugs, LLC, as owners and owners pro hac vice of the
M/V Delta Duck (R. Doc. 126), as well as the Claims of BIS Services, LLC against Bertucci
Contracting Co., LLC, as owner and owner pro hac vice of the Barge BBL-708 (R. Doc. 126)
be, and the same hereby are, DISMISSED, without prejudice, each party to bear its own
respective costs, and reserving unto BIS Services, LLC all rights which it may have against all
other parties to this litigation and/or with respect to the accident of November 19, 2017, subject
of the captioned consolidated litigation.
IT IS FURTHER ORDERED that the Crossclaims of BIS Services, LLC against
Crosby Dredging, LLC, Chris Carter, and Derek Hebert (R. Docs. 118, 119, and 164) be, and
the same hereby are, DISMISSED, without prejudice, each party to bear his or its own
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respective costs, and reserving unto BIS Services, LLC all rights which it may have against all
other parties to this litigation and/or with respect to the accident of November 19, 2017, subject
of the captioned litigation.
IT IS FURTHER ORDERED that the Crossclaims of BIS Services, LLC against
Atlantic Specialty Insurance Company; Markel American Insurance Company; State National
Insurance Company; Navigators Insurance Company; United States Fire Insurance Company;
Mitsui Sumitomo Insurance Company of America; Swiss Re International SE; Certain
Underwriters at Lloyd's Syndicate 1206 ATL; Certain Underwriters at Lloyd 's Syndicate 1897
SKD; Certain Underwriters at Lloyd's Syndicate 1183 TAL; Certain Underwriters at Lloyd's
Syndicate 2007 NVA; Certain Underwriters at Lloyd's Syndicate 0382 HDU; Certain
Underwriters at Lloyd's Syndicate 1274 AUL; Certain Underwriters at Lloyd's Syndicate 0510
KLN; Certain Underwriters at Lloyd's Syndicate 1861 ATL; Certain Underwriters at Lloyd's
Syndicate 1967 WRB; Certain Underwriters at Lloyd's Syndicate 0780 ADV; Certain
Underwriters at Lloyd's Syndicate 1225 AES; and Certain Underwriters at Lloyd's Syndicate
0033 HIS (the "Crosby Insurers"); and Atlantic Specialty Insurance Company; Markel
American Insurance Company; State National Insurance Company; Navigators Insurance
Company; United States Fire Insurance Company; Mitsui Sumitomo Insurance Company of
America; Certain Underwriters at Lloyd's Syndicate 1206 ATL; Certain Underwriters at Lloyd's
Syndicate 1897 SKD; Certain Underwriters at Lloyd's Syndicate 1183 TAL; Certain
Underwriters at Lloyd's Syndicate 2007 NVA; Certain Underwriters at Lloyd's Syndicate 0382
HDU; Certain Underwriters at: Lloyd's Syndicate 1274 AUL; Certain Underwriters at Lloyd's
Syndicate 0510 KLN; Certain Underwriters at Lloyd 's Syndicate 1861 ATL; Certain
Underwriters at Lloyd 's Syndicate 1967 WRB; Certain Underwriters at Lloyd's Syndicate 0780
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ADV; and Certain Underwriters at Lloyd's Syndicate 1225 AES (the "Bertucci Insurers") (R.
Docs. 118, 119 and 164) be, and the same hereby are, DISMISSED, without prejudice, each
party to bear their own respective costs, and reserving unto BIS Services, LLC all rights which
it may have against all other parties to this litigation and/or with respect to the accident of
November 19, 2017, subject of the captioned litigation.
New Orleans, Louisiana, this 20th day of September, 2019.
BARRY W. ASHE
UNITED STATES DISTRICT JUDGE
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