BARBIER, U.S.D.J.
The Court held the final pre-trial conference on Wednesday, September 5, 2001, at 4:00 p.m. with the following counsel in attendance: John Munoz and Keith Whipple, representing plaintiffs; and Joe Norman and Endya Delpit, representing defendants.
At the conference, the Court ruled on the following motions:
Motion for Partial Summary Judgment on Behalf of Equilon Pipeline Company LLC (Rec. Doc. 28)
Equilon's Motion for Stay (Rec. Doc. 36)
Equilon's Motion to Strike Supplemental Witness and Exhibit Lists Submitted in Violation of Court's Scheduling Order (Rec. Doc. 30)
The Court DENIED Equilon's Motion for Partial Summary Judgment (Rec. Doc. 28) on the issue of whether Plaintiffs are precluded from recovering any restoration costs for the alleged damages to the State-owned water bottoms in which Plaintiffs have a lease interest under the Louisiana Supreme Court's decision in Inabnet v. Exxon Corporation, 642 So.2d 1243 (La. 1994). The Court found that, while the Inabnet decision clearly restricts an oyster lessee's right to recover water bottom restoration costs in most cases, the Court in Inabnet recognized that "[i]n some situations, as in a long-term lease in which the lessee has made significant improvements, the lessee may have a greater interest than the owner in restoring damages property." Id. at 1255, n. 15.
The Court concluded that there are genuine issues of material fact in the instant case concerning the nature and extent of Plaintiffs' investment in, and improvements to, the State-owned water bottoms in which they have a lease interest and whether those improvements entitle Plaintiffs to any recovery for restoration costs of those allegedly damaged water bottoms. Accordingly, the Court DENIED Equilon's Motion for Partial Summary Judgment.
The Court next DENIED Equilon's Motion for Stay (Rec. Doc. 36), concluding that there was not sufficient justification for it to exercise its discretion to stay the proceedings at such a late date. The Court further concluded that, while any findings by the Department of Natural Resources ("DNR") as to whether Equilon complied with its coastal use permit would be a consideration for the Court, any such findings would not be dispositive of the question of whether Equilon negligently caused damages to Plaintiffs' oyster resources. Accordingly; the Court DENIED Equilon's Motion for Stay (Rec. Doc. 36) pending the DNR's investigation into possible permit violations.
The Court also DENIED Equilon's Motion to Strike Supplemental Witness and Exhibit Lists (Rec. Doc. 30), concluding that the Defense is not prejudiced by the untimely filing of Plaintiffs' Second Amended Witness and Exhibit Lists, in light of the circumstances of the case and on-going discovery.
The Court, thereafter, instructed the parties as follows:
(1) By Wednesday, September 12, 2001, at 4:00 p.m ., plaintiff's counsel is to prepare and submit to the Court the original and three copies of a single Bench Book which should contain:
(a) An Index of
all "un-objected to" exhibits listing and numbering all exhibits sequentially and without reference to the offering party.
(b) All un-objected to exhibits are to be included in the single Bench Book (if feasible) with each exhibit
tabbed, numbered, and paginated .
Photographs of large exhibits and Posters are to be included in the benchbooks. While oversized exhibits and posters may be used during trial, they will not be kept by the Courtroom Deputy.
(c) A second volume, containing the "objected to" exhibits shall also be filed.
Separate, but brief memoranda stating the reason for the objections and responding to the objections of other counsel must be submitted to the court by the offering party by Wednesday, September 12, 2001, at 4:00 p.m.
(d) Any discovery that will be used as an Exhibit must be specifically identified; for example, the exact Interrogatory and the corresponding Answer.
(2) By Wednesday, September 12, 2001, at 4:00 p.m., the parties are to submit the entire transcript of any deposition (including video and audio depositions) which will be used in lieu of live testimony at Trial. All colloquy and objections (which can be resolved among the parties) are to be removed in the transcripts, video, and audio (if applicable). Any objections which cannot be worked out by the parties must be highlighted in the subject transcript and brief memoranda addressing "why the objections should be sustained or not" must also be submitted to the court by Wednesday, September 12, 2001, at 4:00 p.m.. If the parties do not seek to introduce the entire deposition, they should designate which portions they seek to introduce in a letter to the Court.
(3) By Wednesday, September 12, 2001, at 4:00 p.m. the parties are to submit their proposed Findings of Fact and Conclusions of Law, both in hardcopy and on disk in WordPerfect 8.0 format (or prior release).
(4) By Wednesday, September 12, 2001, at 4:00 p.m. the parties are to submit any Motions in Limine.
(5) By Wednesday, September 12, 2001, at 4:00 p.m. the parties are to submit any trial memoranda, which are strictly optional.
(6) By Monday, September 10, 2001, at noon, the parties are to exchange "will call" witness lists so that arrangements may be made for their presence at trial.
(7) At the commencement of trial, counsel will provide the court with three copies of the final witness list.
(8) The Courtroom Deputy is to be notified three working days prior to trial of any equipment that will be needed by counsel during trial, or if more than two tables will be needed to seat counsel.
(9) Trial will commence at 8:00 a.m. on Monday. September 17. 2001, without a jury, and is expected to continue for 3 days. Trial will continue at 8:00 a.m. on Tuesday, September 18, 2001. The trial will then be recessed until 8:00 a.m. on Thursday, September 27, 2001, at which time the damages experts will testify and the parties will conclude with any other witnesses.