Filed: Jul. 13, 2012
Latest Update: Jul. 13, 2012
Summary: ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on Third-Party Defendant Point Clear Insurance Services, Inc.'s two (2) motions to dismiss the third amended third-party complaint (Docs. 216, 217); Atchafalaya Marine, LLC and Rodd Cairns' responses and motion for leave to amend (Docs. 219, 225); and Point Clear Insurance Services, Inc.'s replies (Docs. 231, 232). After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a
Summary: ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on Third-Party Defendant Point Clear Insurance Services, Inc.'s two (2) motions to dismiss the third amended third-party complaint (Docs. 216, 217); Atchafalaya Marine, LLC and Rodd Cairns' responses and motion for leave to amend (Docs. 219, 225); and Point Clear Insurance Services, Inc.'s replies (Docs. 231, 232). After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a ..
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ORDER
KRISTI K. DuBOSE, District Judge.
This matter is before the Court on Third-Party Defendant Point Clear Insurance Services, Inc.'s two (2) motions to dismiss the third amended third-party complaint (Docs. 216, 217); Atchafalaya Marine, LLC and Rodd Cairns' responses and motion for leave to amend (Docs. 219, 225); and Point Clear Insurance Services, Inc.'s replies (Docs. 231, 232).
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated June 13, 2012 is ADOPTED AS MODIFIED as the opinion of this Court as follows:
1) As to the Section Title portion of the Recommendation located at Section III on page 6, the phrase "both time-barred and" is STRICKEN. (Doc. 237 at 6).
2) That portion of the Recommendation located at Section III.A. and entitled "Statute of Limitations," which is located at the bottom of page 6 and which continues to the top of page 9 concluding with the case reference "See, e.g., Casassa, 949 F. Supp. at 832", is STRICKEN. (Doc. 237 at 6-9).
It is ORDERED that that Third-Party Defendant Point Clear Insurance Services, Inc.'s 12(b)(1) motion (Doc. 216) is DENIED AS MOOT and Atchafalaya and Cairns' motion for leave to amend (Doc. 219) is DENIED AS FUTILE. Additionally, it is ORDERED that Third-Party Defendant Point Clear Insurance Services, Inc.'s 12(b)(6) motion (Doc. 217), construed solely as a motion to dismiss, is GRANTED and that all claims against Point Clear Insurance Services, Inc. are DISMISSED WITH PREJUDICE. It is further ORDERED that the claims against Eagle River Towing, L.L.C. are DISMISSED WITHOUT PREJUDICE.
DONE and ORDERED.
