Starr Indemnity & Liability Company v. Continental Cement Company, LLC et al

Filing 130

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiff Starr Indemnity & Liability Company and New York Marine & General Insurance Company's Emergency Motion for Ex Parte Order, Prompt Hearing and to Preserve Evidence 129 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Continental Cement Company and Summit Materials, L.L.C. keep Starr apprised of all plans to alter the Mark Twain barge, including any plans for removing the barge. IT IS FURTHER ORDERED that, prio r to any removal and/or destruction of the Mark Twain barge, Starr will have an opportunity to inspect the starboard #3 wingtank, and Starr will pay any and all reasonable costs associated with the inspection. IT IS FINALLY ORDERED that the Plaintiffs' Motion is DENIED in all other respects.. Signed by District Judge John A. Ross on 2/20/13. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STARR INDEMNITY & LIABILITY
COMPANY and NEW YORK MARINE &
GENERAL INSURANCE CO.,
Plaintiffs,
vs.
CONTINENTAL CEMENT COMPANY,
L.L.C., SUMMIT MATERIALS, L.L.C., and
THE UNITED STATES ARMY CORPS OF
ENGINEERS,
Defendants.

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Case No. 4:11CV809 JAR

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff Starr Indemnity & Liability Company and New
York Marine & General Insurance Company’s (collectively “Starr”) Emergency Motion for Ex Parte
Order, Prompt Hearing and to Preserve Evidence (“Motion”; ECF No. 129). After a conference call
with the parties,
IT IS HEREBY ORDERED that Plaintiff Starr Indemnity & Liability Company and New
York Marine & General Insurance Company’s Emergency Motion for Ex Parte Order, Prompt
Hearing and to Preserve Evidence [129] is GRANTED, in part, and DENIED, in part.
IT IS FURTHER ORDERED that Continental Cement Company and Summit Materials,
L.L.C. keep Starr apprised of all plans to alter the Mark Twain barge, including any plans for
removing the barge.
IT IS FURTHER ORDERED that, prior to any removal and/or destruction of the Mark
Twain barge, Starr will have an opportunity to inspect the starboard #3 wingtank, and Starr will pay
any and all reasonable costs associated with the inspection.
IT IS FINALLY ORDERED that the Plaintiffs’ Motion is DENIED in all other respects.

Dated this 20th day of February, 2013.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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