NEW ORLEANS — A federal magistrate granted part of Daigle Towing Service's request to compel the plaintiff in a vessel collision damages claim to complete its discovery request.
Chief U.S. Magistrate Judge Karen Roby ruled on April 9 that palintiff Bo-Mac Contractors filed prompt responses to Daigle Towing's discovery request. But she also said in her order that the plaintiff needed to provide itemized transactional records to support a labor expenses claim of $293,985.
Bo-Mac filed its claim in July in the U.S. District Court for the Eastern District of Louisiana seeking damages for damages to its barge and equipment stemming from a vessel collision on July 23, 2018. At the time, the barge was being pushed by the M/V Miss Laurie, which was chartered to and operated by Daigle Towing.
A towboat pushes a barge on the Mississippi River near New Orleans.
| By Autiger
Bo-Mac's claim alleged that the damages happened because of multiple failures by the defendant including not taking proper precautions, keeping a proper lookout and altering course.
Daigle Towing brought its first set of written questions and requests for production in its discovery process. After several time extensions, Bo-Mac still hadn't answered, the defendant said in its motion to compel. That motion was filed four months later on Feb. 13. On Feb. 24, Bo-Mac provided Daigle Towing with the outstanding discovery. The plaintiff asked the court to deny the motion to compel, saying their response was timely. Daigle Towing admits they received the documents, but said several were inadequate and not finished. They then asked the court to force Bo-Mac to fix and supplement their answers, plus pay for their attorneys' fees.
Judge Roby ruled Bo-Mac's responses were prompt, but they needed to provide itemized transactional records. She also denied Daigle Towing's request that the plaintiff pay their attorneys' fees, writing in her order that it wouldn't be appropriate since Bo-Mac responded to the discovery request 30 days after the scheduling order.
U.S. District Court for Louisiana Eastern District case number 19-11792