Opinion
CIVIL ACTION NO. 01-852 SECTION "N"
October 11, 2001
ORDER AND REASONS
Before the Court is a Joint Motion for Relief from Restraining Order and Stay of Proceedings filed by Eric Climer, as executor of the estate of Michael Climer; Janice Miller; and Rickey H. Johnson, Jr. For the following reasons, the claimants' motion is DENIED.
BACKGROUND
On June 24, 2000, Michael Climer was killed and Rickey H. Johnson, Jr. was allegedly injured during an incident on the CAL DIVE BARGE I ("BARGE I") in the Gulf of Mexico. Eric Climer, as executor of Michael Climer's estate; Johnson; and Janice Miller have each filed claims against Cal Dive International, Inc. ("Cal Dive"), the owner of BARGE I, for damages sustained in connection with the accident. On March 30, 2001, Cal Dive filed a complaint in this Court for exoneration from and/or limitation of liability under the provisions of 46 U.S.C. § 183, et seq.
This Court stayed all litigation against Cal Dive arising out of the June 24, 2000 incident pending determination of the limitation claim. The instant motion is the claimants' third attempt to lift the stay order. See Rec. Docs. Nos. 9 29.
LAW AND ANALYSIS
The Court denied the claimants' first motion to lift the stay because the deadline for filing claims had not expired. See Rec. Doc. No. 9. The Court denied the claimants' second motion to lift the stay because the stipulation was not signed by all the claimants, including the co-defendants seeking indemnity or contribution. See Rec. Doc. No. 29, citing Odeco Oil and Gas Co. Drilling Div. v. Bonnette, 74 F.3d 671, 674-75 (5th Cir. 1996) (holding that all claimants must stipulate that they will not seek to enforce a damage award greater than the value of the ship and its freight and that co-defendants seeking indemnity or contribution are claimants that must sign a stipulation).
The Court must also deny the instant motion. Chevron U.S.A., Inc. and The Kane Company, Inc. have filed claims against Cal Dive, but have not signed the stipulation. Accordingly, for the same reasons set forth in this Court's previous Order and Reasons, the instant stipulation is inadequate to lift the stay, and the claimants' motion is DENIED.