Cole et al v. P S C Industrial Outsourcing L P et al

Filing 62

ORDER: In anticipation of the November 18 and 19, 2019 summary jury trials, which are being conducted solely as a method of alternative dispute resolution, the Court has considered Defendants' objections to 1) Plaintiffs' expert, Byron Trah an; 2) Weber's five additional photos; and 3) Plaintiffs' three-minute video of Bayou Teche post-oil spill. The Court has also considered Plaintiffs' objection to Defendants' exhibit, "stipulation to amount of damages." Having considered the parties' arguments, as presented to the Court via email, the Court rules as follows. Signed by Magistrate Judge Patrick J Hanna on 11/14/2019. (crt,Alexander, E)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
DAVID COLE ET AL

CASE NO. 6:16-CV-00648*

VERSUS

JUDGE S. MAURICE HICKS, JR.

P S C INDUSTRIAL
OUTSOURCING L P ET AL

MAGISTRATE JUDGE HANNA

*To be filed in the following related dockets: 17-267, 17-284, 17-292, 16-649, 16650, 16-651, 16-652, 16-653, 16-654, 16-657, 16-791, 16-792, 16-793, 16-794, 16795, 16-796, 16-797, 16-798, 16-799, 16-800, 16-801, 16-802, 16-804, 16-805, 16806, 16-807, 16-808, 16-1039, 16-1221, 16-1223, 16-1485, 18-1574, 18-1575, 181576, 19-564, and 19-565
ORDER
In anticipation of the November 18 and 19, 2019 summary jury trials, which
are being conducted solely as a method of alternative dispute resolution, the Court
has considered Defendants’ objections to 1) Plaintiffs’ expert, Byron Trahan; 2)
Weber’s five additional photos; and 3) Plaintiffs’ three-minute video of Bayou
Teche post-oil spill. The Court has also considered Plaintiffs’ objection to
Defendants’ exhibit, “stipulation to amount of damages.” Having considered the
parties’ arguments, as presented to the Court via email, the Court rules as follows:
IT IS ORDERED that Defendants’ objection to Plaintiffs’ expert, Byron
Trahan, is OVERRULED. Notwithstanding that Trahan’s report deals only with
Allain property, as this form of ADR is designed to assist the parties in their
valuation of the damages in this case, and expert reports, etc. have not even been

addressed due to the pending motions to remand, his testimony will be limited to the
potential need for, and cost of, environmental assessments and site investigations as
those items have been historically part of the plaintiffs’ damage evaluation for
settlement purposes. It is clear to this Court that, should this form of ADR not be
successful, and if the Report and Recommendation of Magistrate Hornsby is adopted
by the District Court, a scheduling order will be issued in these cases and all of the
requirements necessary for experts and their reports will be implemented.
IT IS FURTHER ORDERED that Defendants’ objection to Weber’s five
additional photographs is OVERRULED. The Court previously advised the parties
that Defendants should be given the opportunity to question Plaintiffs regarding the
photographs prior to the summary trials. See Rec. Doc. 61, p.2.
IT IS FURTHER ORDERED that Defendants’ objection to Plaintiffs’ threeminute video of Bayou Teche post-oil spill is OVERRULED. The Court finds that
the interests of meaningful ADR outweigh any prejudice to Defendants. Again,
should this form of ADR not be successful, whether this video becomes admissible
at trial is an issue that has yet to be determined, but the Court assumes for purpose
of this exercise that the plaintiffs’ would take the necessary steps to make it
admissible.
IT IS FURTHER ORDERED that Plaintiffs’ objection to Defendants’ exhibit,
“Stipulation to amount of damages by Plaintiffs,” is DEFERRED. The said

“stipulation,” is contained in a pleading drafted by counsel, and unverified by the
parties, which is not evidence. However, the Court wishes to question counsel and
the plaintiff as to whether this qualifies pleading qualifies as an admission.
Signed at Lafayette, Louisiana on this 14th day of November, 2019.

____________________________________
PATRICK J. HANNA
UNITED STATES MAGISTRATE JUDGE