Cox Operating, L.L.C. v. Settoon Towing, LLC et al, No. 2:2017cv01933 - Document 78 (E.D. La. 2018)

Court Description: ORDER AND REASONS denying 64 Motion for Partial Summary Judgment; dismissing as moot 74 Motion to Strike. Signed by Judge Lance M Africk on 6/7/2018. (Reference: ALL CASES)(blg)

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Cox Operating, L.L.C. v. Settoon Towing, LLC et al Doc. 78 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA COX OPERATING, L.L.C. CIVIL ACTION VERSUS No. 17-1933 SETTOON TOWING, LLC ET AL. SECTION I ORDER AND REASONS Before the Court is a motion 1 filed by plaintiff Cox Operating, L.L.C. (“Cox”) for partial summary judgment. Specifically, Cox asks the Court to dismiss the Complaint for Exoneration from or Limitation of Liability filed by defendant Settoon Towing, LLC (“Settoon”). Settoon opposes 2 the motion. Having considered the parties’ briefs and evidence, as well as the applicable case law, the Court concludes that partial summary judgment in Cox’s favor is wholly inappropriate, as the parties genuinely dispute numerous facts material to the limitation issue. The Court therefore denies Cox’s motion. In light of the Court’s denial of Cox’s motion, the Court also dismisses as moot Settoon’s pending motion 3 to strike several exhibits submitted by Cox in support of its motion. Accordingly, IT IS ORDERED that Cox’s motion for partial summary judgment is DENIED. 1 R. Doc. No. 64. R. Doc. No. 73. 3 R. Doc. No. 74. 2 1 Dockets.Justia.com IT IS FURTHER ORDERED that Settoon’s motion to strike is DISMISSED AS MOOT. New Orleans, Louisiana, June 7, 2018. _______________________________________ LANCE M. AFRICK UNITED STATES DISTRICT JUDGE 2

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