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In re Cooper Marine & Timberlands Corp.

United States District Court, E.D. Arkansas, Jonesboro Division

July 7, 2017

IN THE MATTER OF COOPER MARINE & TIMBERLANDS CORPORATION, as Owner Pro Hac Vice and Operator; and GATX THIRD AIRCRAFT, LLC, as Owner of the BARGE CMT 123, Official No. 1067600
v.
COOPER MARINE & TIMBERLANDS CORPORATION, et al., DEFENDANTS ROBERT L. COLEMAN, Special Administrator for the Estate of Nicolas Perez Hernandez, and his Surviving Heirs and Dependents PLAINTIFF KASSANDRA NIEVES, Individually and as Personal Representative of the Estate of Juan Nieves and his Surviving Heirs and Dependents PLAINTIFF
v.
COOPER MARINE & TIMBERLANDS CORPORATION, et al., DEFENDANTS

          ORDER

          J. LEON HOLMES UNITED STATES DISTRICT JUDGE.

         Pursuant to the stipulation of the parties, the following motions are DENIED AS MOOT:

a. Plaintiffs' Motion to Exclude Expert Testimony and Opinions of Mr. Marc A. Fazioli (only as to Coleman Plaintiff, not same pending motion by Nieves Plaintiff [and only filed in Cooper Marine's limitation of liability action]). Document #73 pending in case No. 3:15CV00170.
b. Plaintiffs' Motion to Exclude Expert Testimony and Opinions of Mr. Ronald L. Campana (only as to Coleman Plaintiff, not same pending motion by Nieves Plaintiff [and only filed in Cooper Marine's limitation of liability action]). Document #72 pending in case No. 3:15CV00170.
c. Defendant Steel Dynamics Columbus, LLC's Motion for Partial Summary Judgment on Arkansas Wrongful Death and Survival Claims [(only as to Coleman Plaintiff, not same pending motion against Nieves Plaintiff)]. Document #151 pending in case No. 3:15CV00225.
d. Defendant Steel Dynamics Columbus, LLC's Motion for Partial Summary Judgment on Third Party Beneficiary Claim. Document #154 pending in case No. 3:15CV00225.
e. Defendant Steel Dynamics Columbus, LLC's Motion to Exclude Testimony of Dr. Thomas W. Butler [(only as to Coleman Plaintiff, not same pending motion against Nieves Plaintiff)]. Document #159 pending in case No. 3:15CV00225.
f. Defendant Steel Dynamics Columbus, LLC's Motion to Exclude Testimony of J.P. Jamison [(only as to Coleman Plaintiff, not same pending motion against Nieves Plaintiff)]. Document #157 pending in case No. 3:15CV00225.
g. Defendant Steel Dynamics Columbus, LLC's Motion to Exclude Testimony of James Manley [(only as to Coleman Plaintiff, not same pending motion against Nieves Plaintiff)]. Document #163 pending in case No. 3:15CV00225.
h. Defendant Steel Dynamics Columbus, LLC's Motion to Exclude Testimony of James Pritchard [(only as to Coleman Plaintiff, not same pending motion against Nieves Plaintiff)]. Document #165 pending in case No. 3:15CV00225.
i. Defendant Steel Dynamics Columbus, LLC's Motion to Exclude Testimony of Richard DiNapoli [(only as to Coleman Plaintiff, not same pending motion against Nieves Plaintiff)]. Document #161 pending in case No. 3:15CV00225.
j. Defendant Logistic Services' Motion to Exclude Reports and Testimony of Richard DiNapoli and James Manley (only as to Coleman Plaintiff, not same pending motion against Nieves Plaintiff [and only filed in Cooper Marine's limitation of liability action]). Document #70 pending in case No. 3:15CV00170.
k. Defendant Logistic Services' Motion to Exclude Portions of the Reports and Testimony of J.P. Jamison, James Pritchard, and Dr. Thomas W. Butler [Pursuant to Federal Rules of Evidence 702 and Daubert] (only as to Coleman Plaintiff, not same pending motion against Nieves Plaintiff [and only filed in Cooper Marine's limitation of liability action]). Document #68 pending in case No. 3:15CV00170.
l. Defendant Logistic Services' Motion for Partial Summary Judgment on Plaintiff's Claims for Non-Pecuniary Damages [(only as to Coleman Plaintiff, not same pending motion against Nieves Plaintiff)]. ...

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