In Re Canal Barge Co Inc

Filing 58

ORDER granting 57 Motion to Substitute Party. Patrick Mouton and Mitchell Bradley terminated. ORDERED that pursuant to the provisions of 28 U.S.C. § 2679(d)(1); 46 U.S.C. § 30101(c)(1); and 46 U.S.C. § 30904, the claims set forth in the Limitation Claimants Crossclaim and Third Party Claims (ECF No. 44) are dismissed with respect to the claims against individual defendants Mitchell Bradley and Patrick Mouton, on the ground that the exclusive remedy forthese claims is an action against the United States and because the United States has been substituted as the sole defendant on those claims. Signed by Magistrate Judge Karen L Hayes on 12/4/13. (crt,Kennedy, T)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION IN THE MATTER OF CANAL BARGE COMPANY, INC. IN A CAUSE OF EXONERATION FROM OR LIMITATION OF LIABILITY CIVIL ACTION NO. 6:12-CV-00757 JUDGE ROBERT G. JAMES MAGISTRATE JUDGE HAYES [PROPOSED] ORDER The Court, having been fully apprised that the Attorney General’s designee has certified that Mitchell Bradley and Patrick Mouton were acting within the scope of their employment at the time of the incident giving rise to this suit, and the Court having been apprised of the substitution of the United States, it is hereby; ORDERED that pursuant to the provisions of 28 U.S.C. § 2679(d)(1); 46 U.S.C. § 30101(c)(1); and 46 U.S.C. § 30904, the claims set forth in the Limitation Claimants’ Crossclaim and Third Party Claims (ECF No. 44) are dismissed with respect to the claims against individual defendants Mitchell Bradley and Patrick Mouton, on the ground that the exclusive remedy for these claims is an action against the United States and because the United States has been substituted as the sole defendant on those claims; SO ORDERED. December 4, 2013 DATED: _________________ _______________________________ UNITED STATES XXXXXXXXXXXXXXXXX DISTRICT JUDGE XXXXXXXXXXXXXXXXXXX MAGISTRATE JUDGE ROBERT G. JAMES KAREN L. HAYES

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