In Re: In the Matter of American River Transportation Co. LLC.

Filing 150

ORDER AND REASONS granting 144 Motion to Extend Jurisdictional Discovery Cut-Off. The cut-off for jurisdictional discovery is extended until 12/28/2020. Signed by Judge Mary Ann Vial Lemmon on 10/19/2020. (sbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
IN THE MATTER OF AMERICAN
RIVER TRANSPORTATION, CO.,
LLC, AS THE OWNER AND
OPERATOR OF THE M/V
LOUISIANA LADY, PRAYING FOR
EXONERATION FROM OR
LIMITATION OF LIABILITY

CIVIL ACTION
NO: 18-2186
SECTION: "S" (2)

ORDER & REASONS
IT IS HEREBY ORDERED Claimants'/Third-Party Plaintiffs' Motion to Extend
Jurisdictional Discovery Cut-off (Rec. Doc 144) is GRANTED.
Following the filing of a motion to dismiss for lack of personal jurisdiction filed by thirdparty defendant LG Chem America, Inc's (LGCAI), this court granted claimants a cut-off date to
conduct discovery related to personal jurisdiction over LGCAI, which, due to several extensions,
was extended until September 28, 2020. The challenges of the COVID-19 pandemic have been
responsible in part for the extensions. Claimants now seek an additional extension of 90 days,
and defendant LGCAI opposes the extension.
It was determined through discovery that two entities, BTB Networks, Inc. and Green
Battery Technologies LLC, did not purchase lithium-ion batteries from LGCAI, but only from its
parent company, LG Chem Ltd. For this reason, LGCAI argues that no further discovery is
necessary. However, during discovery, other entities were identified for which discovery
requests have been made and remain unsatisfied, and for which claimants intend to notice
depositions and issue subpoenas. While claimants' request does not recite the specific facts it
seeks to establish via this discovery, they aver that the requested extension is essential to address
the personal jurisdictional issue related to LGCAI. They further aver that the extension will not

affect the trial date or the court's current scheduling and case management orders.
The court finds that considering the totality of the circumstances, a 90-day day extension
is justified, and accordingly,
IT IS HEREBY ORDERED Claimants'/Third-Party Plaintiffs' Motion to Extend
Jurisdictional Discovery Cut-off (Rec. Doc 144) is GRANTED, and the cut-off for
jurisdictional discovery is extended until December 28, 2020.

New Orleans, Louisiana, this 19th day of October, 2020.
_____

____________________________________
MARY ANN VIAL LEMMON
UNITED STATES DISTRICT JUDGE

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