Opinion
CIVIL ACTION NO. 17-5391 SECTION M (4)
12-11-2019
IN THE MATTER OF TARA CROSBY, L.L.C. AND CROSBY TUGS, L.L.C., AS THE OWNERS AND OWNERS PRO HAC VICE OF THE M/V CROSBY COMMANDER AND HER CARGO, ENGINES, TACKLE, GEAR APPURTENANCES, ETC., IN REM, PETITIONING FOR THE EXONERATION FROM AND/OR LIMITATION OF LIABILITY
ORDER
Before the Court is claimants Joseph Hebert and Robert Pitre's motion to bifurcate. Claimants request that the Court bifurcate the trial in this way: (1) a jury trial on claimants' Jones Act and general maritime law claims, and (2) a bench trial on the limitation of liability action filed by Crosby Tugs, L.L.C. and Tara Crosby, LLC (collectively, "Crosby"). No opposition was filed. Having considered claimants' memorandum, the record, and the applicable law,
R. Doc. 151.
The motion was discussed at the status conference on October 9, 2019. Crosby did not express opposition to this kind of bifurcation. Third-party defendant Tetra Technologies, Inc. did note that it has asserted that the claims against it are based solely on general maritime law and thus do not belong before a jury. See R. Doc. 153 at 42-43. This issue, however, is not now before the Court. --------
IT IS ORDERED that the motion is GRANTED. Courts in the Fifth Circuit typically follow a two-tiered procedure in which claimants' Jones Act and other general maritime law claims are tried to a jury, and the limitation of liability question is tried by the judge. See, e.g., Brister v. A.W.I., Inc., 946 F.2d 350, 353 (5th Cir. 1991); In re Marquette Transp. Co. Gulf-Inland, LLC, 2014 WL 6389978, at *4-5 (E.D. La. Nov. 13, 2014); In re L.L.P. & D. Marine, Inc., 1997 WL 563999, at *2-3 (E.D. La. Sept. 8, 1997). This "preserve[s] the Jones Act right to jury trial in limitation of liability proceedings." In re L.L.P. & D., 1997 WL 563999, at *2. Accordingly, the Court "will follow the procedure adopted by other district courts and bifurcate trial here." In re Crescent Energy Servs, LLC, 2015 WL 7574771, at *4 (E.D. La. Nov. 25, 2015) (quoting In re Marquette Transp., 2014 WL 6389978, at *5). The Court will try all issues to the jury except those pertaining to limitation of liability, and concurrently conduct a bench trial on the limitation issue based on the record from the jury trial, supplemented as needed by the parties. See Brister, 946 F.2d at 353.
New Orleans, Louisiana, this 11th day of December, 2019.
/s/_________
BARRY W. ASHE
UNITED STATES DISTRICT JUDGE