Opinion
CIVIL ACTION NO. 14-1934 SECTION "C" (2)
03-18-2015
GREG EDWARDS v. ROWAN COMPANIES, INC.
ORDER AND REASONS
IT IS ORDERED that the motion for partial summary judgment filed by Rowan Companies, Inc. is PARTIALLY GRANTED as to the punitive damage claims regarding cure, gross negligence and/or unseaworthiness and PARTIALLY DENIED as to the punitive damage claim regarding maintenance. Rec. Doc. 15. A genuine issue of material fact has been raised as to the last claim. However, the Court will revisit the issue at trial, if appropriate.
IT IS FURTHER ORDERED that the motion for partial summary judgment on maintenance and cure filed by Rowan Companies, Inc. is PARTIALLY GRANTED as to cure and PARTIALLY DENIED as to maintenance. Rec. Doc. 17. A genuine issue of material fact as to the amount of maintenance has been raised. However, the Court will revisit the issue at trial, if appropriate.
IT IS ORDERED that the motion to strike jury filed by Greg Edwards is GRANTED. Rec. Doc. 25. The Court adopts the reasoning of Judge Carl J. Barbier in Hogue v. Pride Offshore, Inc., 2009 WL 2762820 (E.D.La.). At the time of the supplemental and amending complaint, the defendant had not appeared and its consent for leave to file was not required under Fed.R. Civ.P. 15. The Court notes that there has been no affirmative showing that the parties are diverse.
New Orleans, Louisiana, this 18th day of March, 2015.
/s/_________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE