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)
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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