Jones et al v. Associated Marine Terminals, LLC et al

Filing 44

CONSENT JUDGMENT: ORDERED, ADJUDGED, AND DECREED that Associated Marine Equipment, L.L.C.'s 36 Motion for Partial Summary Judgment on Seaman Status is hereby granted, and that the Plaintiffs' alternative claims, including those under 33 U.S.C. 905(b) of the Longshore and Harbor Workers' Compensation Act, fail as a matter of law and are hereby dismissed with prejudice. FURTHER ORDERED, ADJUDGED, AND DECREED that Associated Marine Equipment, L.L.C.s 35 Motion for Partial Summa ry Judgment on Punitive Damages is hereby granted, and that the Plaintiffs' claims against Associated Marine Equipment, L.L.C. to recover punitive damages under the Jones Act for employer negligence and/or for unseaworthiness under general maritime law are hereby be dismissed. (Reference: 18-2438, 18-2568)(clc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SHEILA JONES, INDIVIDUALLY AND AS
PERSONAL REPRESENTATIVE OF
ERNEST HARRIS

CIVIL ACTION

VERSUS

SECTION “F”(3)
JUDGE MARTIN L.C. FELDMAN

ASSOCIATED MARINE TERMINALS, LLC
AND TURN SERVICES, LLC

NO. 18–2438 c/w 18–2568

MAGISTRATE DANA M. DOUGLAS
THIS CONSENT JUDGMENT
APPLIES TO CASE NOS. 18-2438
and 18-2568

CONSENT JUDGMENT
CONSIDERING Associated Marine Equipment, L.L.C.’s Motion for Partial
Summary Judgment on Seaman Status (Rec. Doc. 36), Associated Marine Equipment,
L.L.C.’s Motion for Partial Summary Judgment on Punitive Damages (Rec. Doc. 35),
and the parties’ Joint Motion for Entry of Consent Judgment:
IT IS ORDERED, ADJUDGED, AND DECREED that Associated Marine
Equipment, L.L.C.’s Motion for Partial Summary Judgment on Seaman Status (Rec.
Doc. 36) is hereby granted, and that the Plaintiffs’ alternative claims, including those
under 33 U.S.C. 905(b) of the Longshore and Harbor Workers’ Compensation Act, fail
as a matter of law and are hereby dismissed with prejudice.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Associated
Marine Equipment, L.L.C.’s Motion for Partial Summary Judgment on Punitive Damages
(Rec. Doc. 35) is hereby granted, and that the Plaintiffs’ claims against Associated
Marine Equipment, L.L.C. to recover punitive damages under the Jones Act for

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employer negligence and/or for unseaworthiness under general maritime law are hereby
be dismissed.
Thus, done and signed in New Orleans, Louisiana, this ________ day of
16th
January, 2019.
________________________________
HONORABLE MARTIN L.C. FELDMAN

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