In Re: Maersk Tankers

Filing 313

ORDER ADOPTING 297 MAGISTRATE'S AMENDED REPORT AND RECOMMENDATION granting 269 MOTION for Judgment (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
IN RE: IN THE MATTER OF THE
COMPLAINT OF MAERSK TANKERS,
AS OWNER AND OPERATOR OF THE
M/T CARLA MAERSK, FOR
EXONERATION FROM OR
LIMITATION OF LIABILITY, et al,
Plaintiffs,
VS.
HOUSTON PILOTS, et al,
Defendants.

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April 04, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. 3:15-CV-106

ORDER ADOPTING MAGISTRATE’S AMENDED REPORT AND
RECOMMENDATION
Pending before the Court is the Amended Report and Recommendation of United
States Magistrate Judge John Froeschner. On May 12, 2015, this case was referred to
Judge Froeschner pursuant to 28 U.S.C. § 636(b)(1)(B). Dkt. 6. Pending before Judge
Froeschner was Claimant and Counter-Defendant Capt. George C. Reeser, Jr.’s
(“Reeser”) Motion for Judgment on the Pleadings. Dkt. 269.1 On February 13, 2017,
Judge Froeschner filed an Amended Report and Recommendation recommending that the
Motion is granted to the extent, if any, that Maersk Tankers AS (“Maersk”) presently

1

This Motion was converted to a Motion for Summary Judgment. Dkt. 294.

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alleges a claim against Reeser in excess of $1,000.00 and that any such claim be
dismissed without exemption of any liability of the Conti parties. Dkt. 297.2
No objections have been filed to the Report and Recommendation. Accordingly,
the Court reviews the Report and Recommendation for plain error on the face of the
record. 28 U.S.C. § 636(b)(1); see also, FED. R. CIV. P. 72(b)(3).
Based on the pleadings, the record and the applicable law, the Court finds that
there is no plain error apparent from the face of the record. Accordingly, it is hereby
ORDERED AND ADJUDGED that:
(1)

Judge Froeschner Amended Report and Recommendation is APPROVED
AND ADOPTED in its entirety as the holding of the Court;

(2)

The Claimant/Counter-Defendant’s Motion for Summary Judgment is
GRANTED as follows: Maersk’s counterclaim against Reeser for
negligence is dismissed without exemption of any liability of the Conti
parties to the extent, if any, that the claim is in excess of $1,000.00.
Maersk’s counterclaim is subject to a $1,000.00 limitation pursuant to Rule
66.083 of the Texas Transportation Code.

SIGNED at Galveston, Texas, this 3rd day of April, 2017.
___________________________________
George C. Hanks Jr.
United States District Judge

2

The Amended Report and Recommendation (Dkt. 297) was entered to correct a clerical error in
the original Report and Recommendation (Dkt. 296). The original Report and Recommendation
was accordingly rescinded by a subsequent order. Dkt. 298.
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