Opinion
CIVIL ACTION NO. C-11-186
03-26-2012
LOUISIANA INTERNATIONAL MARINE, L.L.C. v. The Drilling Rig ATLAS CENTURY, and her engines, tackle, apparel, appurtenances, etc., in rem, and KTM SERVICES, INC., in personam
Admiralty - Fed. R. Civ. P. 9(h)
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION AND
GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS
Pending before the Court is Intervenor Plaintiffs' Bayfront Consulting L.L.C. and Basic Energy, Ltd.'s Motion to Vacate Arrest and Motion to Dismiss In Rem Claims for Lack of Subject Matter Jurisdiction. (D.E. 89.) On March 9, 2012, United States Magistrate Judge Brian L. Owsley signed a Memorandum and Recommendation to Grant in Part and Deny in Part the Motion to Dismiss. (D.E. 102.)
The Magistrate Judge recommends that Intervenor Plaintiffs' motion to vacate the arrest of the vessel and dismiss all in rem claims be granted in part and denied in part. Specifically, the Magistrate Judge recommends (1) that Basic Energy, Ltd. and Bayfront Consulting L.L.C. be dismissed for lack of subject matter jurisdiction; (2) that the Atlas Century remain under arrest; (3) that the motion to vacate any order to sell the Atlas Century be denied; and (4) that the motion to dismiss against Plaintiff Louisiana International Marine, L.L.C. and Intervenors International Divers Co., Inc. d/b/a Best Bet Line Handlers, GAC Shipping (USA) Inc., Kiewit Offshore Services, Ltd., COSCO Shipping, Co., Ltd., Seabulk Towing Services, Inc., and Signet Maritime Corp. be denied. (Id. at 24.)
More than fourteen days have passed since the parties, respectively, were served with the Magistrate Judge's Memorandum and Recommendation and no objections have been filed. When no timely objections to a magistrate judge's memorandum and recommendation are filed, the district court need only satisfy itself that there is no clear error on the face of the record and accept the magistrate judge's memorandum and recommendation. Guillory v. PPG Industries, Inc., 434 F.3d 303, 308 (5th Cir. 2005) (citing Douglass v. United Services Auto Ass'n, 79 F.3d 1415, 1420 (5th Cir. 1996)). Having reviewed the findings of fact and conclusions of law set forth in the Magistrate Judge's Memorandum and Recommendation (D.E. 102), as well as all other relevant documents in the record, and finding no clear error, the Court ADOPTS as its own the findings and conclusions of the Magistrate Judge.
Intervenor Plaintiffs Bayfront Consulting, L.L.C. and Basic Energy, Ltd.'s Motion to Vacate Arrest and Motion to Dismiss In Rem Claims for Lack of Subject Matter Jurisdiction (D.E. 89) is GRANTED IN PART AND DENIED IN PART. Intervenor Plaintiffs Basic Energy, Ltd. and Bayfront Consulting, L.L.C. are DISMISSED for lack of subject matter jurisdiction. Intervenor Plaintiffs' Motion to Dismiss is otherwise DENIED. The drilling rig Atlas Century will remain under arrest and in the custody of the United States Marshals Service.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE