Kirby Inland Marine, L.P. v. Intercontinental Terminals Co.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE

ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

DREW B. TIPTON UNITED STATES DISTRICT JUDGE

Pending before the Court is the April 11, 2024 Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Peter Bray. (Dkt. No. 203). Judge Bray made findings and conclusions and recommended that the Sanchez Claimants' Motion to Dismiss Intercontinental Terminal Company's Contribution Claim (Dkt. No. 125) be granted in part and denied in part.

The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). On April 23, 2024, the Sanchez Claimants filed objections. (Dkt. No. 208). On April 24, 2024, Intercontinental Terminals Company (ITC) filed objections. (Dkt. No. 209). The Sanchez Claimants object to Judge Bray's finding that they did not raise in their Motion to Dismiss the issue of whether ITC's indemnity claims are valid. The Sanchez Claimants also object to Judge Bray's conclusion that ITC's contribution claim against Kirby Inland Marine, LP (Kirby) is valid. ITC objects to Judge Bray's conclusion that, to the extent the Fifth Circuit's limited remand permitted the Court to consider it, ITC's indemnity claim against Kirby should be dismissed. (Dkt. No. 209).

In accordance with 28 U.S.C. § 636(b)(1)(C), the Court is required to “make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made.” After conducting this de novo review, the Court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” Id.; see also Fed.R.Civ.P. 72(b)(3).

The Court has carefully considered de novo those portions of the M&R to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendations for plain error. Finding no error, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that:

(1) Judge Bray's M&R (Dkt. No. 203) is ACCEPTED and ADOPTED in its entirety as the holding of the Court;

(2) The Sanchez Claimants' Motion to Dismiss Intercontinental Terminal Company's Contribution Claim (Dkt. No. 125) is GRANTED IN PART and DENIED IN PART.

(3) ITC's indemnity claim against Kirby, to the extent that it is within the limited remand, is DISMISSED WITH PREJUDICE;

(4) ITC's claims for attorney's fees and costs against Kirby are DISMISSED WITH PREJUDICE;

It is SO ORDERED.