United States of America v. AQ Boat LLC et al, No. 2:2009cv03044 - Document 40 (E.D. La. 2010)
Court Description: ORDER & REASONS denying 34 Motion for Summary Judgment. Signed by Judge Helen G. Berrigan on 6/1/10. (plh, )
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United States of America v. AQ Boat LLC et al Doc. 40 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA UNITED STATES OF AMERICA VERSUS CIVIL ACTION AQ BOAT LLC, E T AL SECTION C (3) NO. 09 3044 ORDER AND REASONS IT IS ORDERED that the motion for summary judgment is DENIED without prejudice. (Rec. Doc. 34). There is no stipulation or discussion as to the applicable law or choice of law in any of the memoranda, although at least one of the documents presented indicates that “[t[his Guaranty Agreement shall be governed by the federal law of the United States of America or in the absence of applicable federal law by the laws of the state of New York.” Rec. Doc. 34, Exh. 1, p. 7. As previously indicated, the Court has previously experienced problems with counsel’s joint agreements that trial issues can be resolved on motion, and prefers to receive a pre trial order, hold the pre trial conference and hold a trial on memoranda and stipulations, if appropriate. New Orleans, Louisiana, this 1st day of June, 2010. ____________________________________ HELEN G. BERRIGAN UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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