United States District Court, W.D. Pennsylvania
COMPLAINT OF BORGHESE LANE, LLC For Exoneration or Limitation of Liability
MARILYN J. HORAN, UNITED STATES DISTRICT JUDGE
action arises out of a January 13, 2018 multiple-barge
breakaway originating at Jack's Run Fleet, at
approximately Mile 4 on the Ohio River, that continued
downriver to the Emsworth Lock and Dam. In the aftermath of
the barge breakaway, several barge owners filed lawsuits
against Borghese, McKees Rocks, and Industry Terminal &
Salvage Company (“ITS”), seeking recovery for
damages to barges that were moored at Jacks Run Fleet, and
subsequently broke free. Discovery is currently set to end on
August 15, 2019, and the parties have set mediation dates for
August 5 and 6, 2019.
parties were in the midst of scheduling multiple depositions
in preparation for the mediation when the National
Transportation Safety Board (“NTSB”) issued its
Investigation Report on the January 13, 2018 barge breakaway.
Immediately relevant to this action was the NTSB Report's
factual finding that Jack's Run Fleet is owned by a
non-party, Allegheny County Sanitary Authority
(“ALCOSAN”), and that ALCOSAN leases the premises
to ITS. As a result, all parties agree that ALCOSAN will be
added as a party, discovery deadlines must be adjusted, and
mediation rescheduled. Presently before the Court is the
parties' Consent Motion to Modify the Case Management
Order of October 30, 2018 (ECF No. 205) and the Court's
Mediation Order of May 6, 2019 (ECF No. 328). ECF No. 335.
joinder of ALCOSAN, the parties propose that the appropriate
joinder pleadings be filed within fourteen days of the
Court's Order; that ALCOSAN be ordered to file its answer
to claims in an expedited, thirty-day deadline from service;
that within 14 days of ALCOSAN's appearance, all parties
will provide ALCOSAN with their respective discovery
responses and Rule 26 disclosures; and that ALCOSAN provide
its Rule 26(a) disclosures within sixty days from service.
The parties propose to extend the discovery deadline eight
months, from August 15, 2019, to April 30, 2020, and that
mediation be rescheduled for January, 2020.
the proposed timeline related to joinder of ALCOSAN, the
initial pleadings and exchange of discovery should be
completed by approximately mid-September, 2019. The parties
have already begun discussions to schedule fact depositions
related to liability in preparation for the mediation. Such
discussions should be ongoing, and include ALCOSAN. The Court
concludes that, at this time, an extension of fact discovery
to January 31, 2020, is sufficient, with mediation to be
rescheduled to occur by December 31, 2019.
the following Order is hereby entered.
NOW, this 27th day of June, 2019, it is hereby ORDERED that
the Consent Motion to Modify the Case Management Order and
Mediation Order (ECF No. 335), is DENIED in part, and GRANTED
in part, as follows:
Consent Motion is DENIED to the extent that the Court does
not accept the parties' proposed dates for close of
discovery and the rescheduled mediation.
Consent Motion is GRANTED as follows:
The parties are permitted to join ALCOSAN as a party to this
matter. Appropriate joinder pleadings shall be filed by
July 11, 2019.
After service of process upon ALCOSAN, ALCOSAN shall file its
answer to the various claims against it within thirty days of
service of process, absent a reasonable need for an
Within fourteen days of counsel for ALCOSAN entering an
appearance on the docket, all parties shall serve upon
ALCOSAN all discovery responses and Rule 26 disclosures made
by that party to ALCOSAN.
Within sixty days of service of process on ALCOSAN, ALCOSAN
shall serve its Rule 26(a) disclosures to all parties.
Fact Discovery is hereby extended to be completed or ...