Slatten, LLC et al v. Royal Caribbean Cruises, Ltd et al, No. 2:2013cv00673 - Document 249 (E.D. La. 2014)

Court Description: ORDER AND REASONS denies the motion 188 in Limine to preclude evidence of a Plaquemines Port rule specifying barge mooring requirements and refers the preemptionissue to the merits. Signed by Chief Judge Sarah S. Vance on 10/31/14. (Reference: ALL CASES)(jjs)
Download PDF
Slatten, LLC et al v. Royal Caribbean Cruises, Ltd et al Doc. 249 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SLATTEN, LLC, et al. CIVIL ACTION VERSUS NO: 13-673 ROYAL CARIBBEAN CRUISES LTD., et al. SECTION: R(5) ORDER AND REASONS Marquette Transportation Company Gulf-Inland, LLC and United Bulk Terminals Davant, LLC ("UBT") move in limine to preclude evidence of a Plaquemines Port rule specifying barge mooring requirements on the basis that the local rule is preempted by federal law. The Court denies the motion and refers the preemption issue to the merits. Deciding the motion at this time would not result in exclusion of evidence on Marquette's and UBT's mooring practices because the evidence is relevant not only to a potential violation of the Plaquemines Port rule, but also to UBT's and Marquette's compliance with UBT's United States Army Corps of Engineers ("USACE") permit and good maritime practices. Evidence pertaining to the Plaquemines Port rule at issue is conditionally admissible pending the Court's resolution of the legal issue or preemption. New Orleans, Louisiana, this _____ day of October, 2014. 31st ____________________________________ SARAH S. VANCE UNITED STATES DISTRICT JUDGE Dockets.Justia.com