Opinion
CIVIL ACTION NO. G-13-039
04-08-2014
MALIN INTERNATIONAL SHIP REPAIR & DRYDOCK, INC. v. MODU PROSPECTOR, its apparel, equipment, engines, freights, tackle, etc., in rem and PLANT RECOVERY COMPANY/ PRC ENVIRONMENTAL, INC.
ORDER ADOPTING
REPORT AND RECOMMENDATION
Before the Court is a Report and Recommendation from Magistrate Judge John R. Froeschner, dated March 7, 2014, which recommends that the "Motion to Dismiss" (Instrument no. 74) of Intervenor, Diamond Offshore Services Company (Diamond), be granted and that the counter-claim of PRC Environmental, Inc. (PRC) asserted against Diamond be dismissed. PRC filed timely objections to the Report and Recommendation and counsel for Diamond has notified the Court that no further response will be filed. The matter is, therefore, ripe for this Court's consideration.
As required by 28 U.S.C. §636(b)(1)(C), this Court has completed a de novo review of the relevant submissions and concluded, as did Judge Froeschner, that PRC lacks standing to pursue its counter-claim and, as a result, this Court lacks subject matter jurisdiction to entertain it.
Accordingly, it is hereby ORDERED and ADJUDGED that:
1) PRC's objections (Instrument no. 83) are OVERRULED;
2) the Report and Recommendation of Magistrate Judge Froeschner is APPROVED and ADOPTED by this Court;
3) Diamond's "Motion to Dismiss" (Instrument no. 74) PRC's counter-claim is GRANTED; and
4) all claims asserted against Diamond by PRC in its counter-claim are DISMISSED.
DONE at Galveston, Texas, this 8th day of April, 2014.
______________________
Gregg Costa
United States District Judge