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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PENSACOLA DIVISION 

IN RE SKANSKA USA CIVIL § 

SOUTHEAST INC. AND § ADMIRALTY RULE 9(H) 

SKANSKA USA, INC. AS § 

OWNERS OF THE BARGE KS § CIVIL ACTION NO. 

5331, PRAYING FOR § 3:20-CV-05980 – RV/MJF 

EXONERATION § 

FROM OR LIMITATION § SENIOR DISTRICT JUDGE 

OF LIABILITY § LACEY A. COLLIER 

 § 

 § MAGISTRATE JUDGE 

 § HOPE THAI CANNON 

This Pleading Relates to Civil Action Nos.: 

3:20-CV-05980-RV/MJF 

3:20-CV-05981-RV/MJF 

3:20-CV-05982-RV/MJF 

3:20-CV-05983-RV/MJF 

SKANSKA USA CIVIL SOUTHEAST INC. AND SKANSKA USA, INC.’S 

MOTION FOR CONTINUANCE AND MEMORANDUM IN SUPPORT 

 Skanska USA Civil Southeast Inc. and Skanska USA, Inc. (“Skanska”) file 

this Motion for Continuance and Memorandum in Support, and would show as 

follows: 

 As the Court was informed by letter dated August 30, 2021, the impact of 

Hurricane Ida on New Orleans created potential difficulties for Skanska’s defense 

team in preparing for trial. It is now apparent that those difficulties will be 

insurmountable. Accordingly, Skanska moves the Court for a short continuance of 

the trial in this matter to allow the members of the defense team based in New 

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Orleans (which includes lead trial counsel and six other members of the team that 

will be conducting or assisting at trial) to obtain access to the facilities necessary to 

prepare for trial and properly represent Skanska’s interests, and to deal with the 

personal and family issues resulting from the damage caused by Hurricane Ida. 

 As has been widely report by the media, Hurricane Ida knocked out all 

electrical power in New Orleans, and Entergy, the company that supplies 

electricity to the greater New Orleans area, has given no time estimate on when 

power will be restored. Reports in the media suggest a minimum of two to four 

weeks. Moreover, internet access is unavailable not only in New Orleans, but in 

Baton Rouge and Lake Charles where Chaffe McCall LLP has other offices. 

 Without internet access, it is impossible for Chaffe McCall’s New Orleans 

lawyers to access the firm’s servers, and thus to access any of the documents in the 

file, including pleadings, depositions, expert reports, etc. This lack of access is 

compounded by the fact that to gain remote access to the firm’s servers, Chaffe 

McCall personnel must obtain security authorization via their mobile phones, and 

as will be discussed, the lack of power in New Orleans is making cell phone use 

extremely difficult. 

 This inability to review and generate documents will make it impossible to 

comply with the Court’s order regarding preparation of proposed findings of fact 

and conclusions of law, trial briefs, any motions and all other matters necessary for 

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trial preparation. It will make it impossible to get access to depositions to mark 

deposition excerpts, and it will make it impossible for counsel to generate other 

documents necessary to competently present Skanska’s case at trial, such as 

drafting questions to ask the witnesses. Importantly, New Orleans based 

secretarial staff do not have remote access to Chaffe McCall’s systems and 

therefore cannot provide support for preparation of any documents necessary to 

present Skanska’s defense. 

 Cell phone service in New Orleans is spotty at best. T-Mobile has reported 

that “Some customers in these areas may experience intermittent impacts to voice, 

data and text service. The situation is still very fluid as first responders and 

utilities assess the damage caused by the storm.” Accordingly, it is very difficult 

for members of the defense team to communicate with each other to coordinate 

activities necessary to prepare for trial, and to communicate with opposing counsel 

and the Court. Moreover, as noted above, cell phone access will be necessary to 

access the firm’s servers remotely once internet service is restored. Moreover, 

since New Orleans is totally without electric power for what is predicted to be 2-4 

weeks, charging cell phones will be problematic. 

 The problem of charging phones is compounded by the fact that gasoline is 

difficult if not impossible to find in New Orleans. For example, Derek Walker, 

lead trial counsel for Skanska, has a gasoline powered generator that he has been 

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using to charge his phone, but has run out of gasoline, and has been unable to find 

gasoline. He also formerly had access to Tulane University, which previously had 

emergency power, but this generator has now failed and Tulane is shutting down 

the campus and evacuating all students to Houston. In the two week run-up to 

trial, there will have to be a great deal of communication between lead trial counsel 

and the rest of the defense team to coordinate the many tasks that must be done, 

and the unavailability of cell phone connections will make this extremely difficult. 

 In addition, the members of the defense team based in New Orleans are 

dealing with personal issues resulting from the damage caused by the storm. By 

way of example, lead trial counsel sustained physical damage to his house and 

resulting water damage that requires immediate attention to prevent further more 

serious damage. Secretaries are also without access to the internet, and are dealing 

with the personal impact of the storm. 

 All of this is compounded by the fact that this case was on a very accelerated 

schedule to begin with. The last fact witness deposition was taken on Friday, 

August 27, and so a great deal of work will by necessity have to take place in the 

last two weeks before September 13. Given the disruption resulting from 

Hurricane Ida, it will be impossible to accomplish everything that needs to be 

done. 

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 And, of course, this is not merely a matter of inconvenience for Skanska’s 

New Orleans based counsel, but a matter of due process and fairness to Skanska 

itself. As a result of an event beyond the control of Skanska or its lawyers, 

Skanska is faced with going to trial with lawyers who cannot under the 

circumstances adequately represent its interests. 

 Hurricane Ida was a major storm, and courts have routinely continued cases 

in the aftermath of such storms. See, e.g., Bordelon v. Winn-Dixie Stores, 97.0045, 

1999 U.S. Dist. LEXIS 5987, at *6 (E.D. La. Apr. 21, 1999) (noting that trial was 

continued due to Hurricane Georges); Williams Land Co., L.L.C. v. Bellsouth 

Telecomms., Inc., 02-1628, 2006 U.S. Dist. LEXIS 105149, at *3 (E.D. La. Nov. 1, 

2006) (noting that trial was continued in the aftermath of Hurricane Katrina); 

Kendrick v. Maersk Line, Ltd., 04-1147, 2006 U.S. Dist. LEXIS 65741, at *2 (E.D. 

La. Sept. 6, 2006) (noting that trial was continued after Hurricane Katrina). 

 The factors to be considered in granting a continuance include the length of 

delay; previous continuances; inconvenience to litigants, witnesses, counsel, and 

the court; whether the delay is purposeful or caused by the party seeking the 

continuance; the availability of other competent counsel; the complexity of the 

case; and whether denying the continuance will lead to identifiable 

prejudice. Seaton v. Jabe, 91-1903, 1993 U.S. App. LEXIS 336, at *14 (6th Cir. 

Jan. 5, 1993). All of these factors support granting a continuance here. 

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 First, as discussed below, Skanska only seeks a short continuance of 

approximately one month, and there have been no previous continuances. 

Secondly, there is no discernable inconvenience to litigants, witnesses, counsel, or 

the court; as noted below, counsel for the vast majority of the claimants do not 

oppose a continuance. Needless to say, the reasons Skanska seeks a delay is not 

purposeful or caused by Skanska or its counsel. Third, Derek Walker, lead counsel 

for Skanska, is the only lawyer who has been involved in all aspects of this case, 

and the other lawyers involved are not in a position take over trial of a case of this 

complexity on less than two weeks’ notice. Finally, denial of a continuance will 

lead to identifiable prejudice to Skanska. 

 Moreover, while every plaintiff always wants a prompt hearing of a claim, 

this case does not involve the sort of claimants who are normally given preferential 

treatment in terms of trial settings—there are no personal injury or death claims, 

only claims for property damage or economic loss. A short delay in the trial will 

not prejudice any of the claimants. 

 Skanska is not seeking to delay trial of this matter any longer than necessary 

to have the time that it would have had if its trial preparation had not been 

disrupted by Hurricane Ida. Accordingly, Skanska would ask that the trial be 

continued until a date to be determined sometime in mid-October. 

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 Counsel for Skanska have conferred by phone with Brian Barr, Sam Geisler, 

Thomas Gonzales, and counsel for the U.S. Department of Justice, who 

collectively represent approximately 954 of the 994 claimants in this matter, and 

they have no opposition to a continuance in this matter. Jeffrey Gill, who 

represents one claimant, is opposed to a continuance. Counsel for Skanska has 

emailed counsel representing the other claimants asking if they have any 

opposition, but have not yet had a response. 

CONCLUSION 

 WHEREFORE, Skanska USA Civil Southeast Inc. and Skanska USA, Inc., 

respectfully request that the Trial be continued. 

[SIGNATURE FOLLOWS ON NEXT PAGE] 

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Respectfully submitted: 

/s/ Scott A. Remington 

DEREK A. WALKER 

Admitted Pro Hac Vice 

KENNETH H. TRIBUCH 

Florida Bar No. 986887 

 Harold. K. Watson, Esq. 

Derek A. Walker, Esq. 

Charles P. Blanchard, Esq. 

Jon W. Wise, Esq. 

CHAFFE MCCALL, LLP 

801 Travis, Suite 1910 

Houston, Texas 77002 

Telephone: (713) 546-9800 

Facsimile: (713) 546-9806 

and 

SCOTT A. REMINGTON 

Florida Bar No. 122483 

JEREMY C. BRANNING 

Florida Bar No. 507016 

CLARK PARTINGTON

P.O. Box 13010 

Pensacola, FL 32591-3010 

Telephone: (850) 434-9200 

Facsimile: (850) 432-7340 

Attorneys for Skanska USA Civil Southeast 

Inc. and Skanska USA, Inc. 

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CERTIFICATE OF COUNSEL CONFERENCE 

Counsel for Skanska certifies that they have conferred with counsel for 

Claimants in a good faith effort to resolve the issues raised in this motion as 

required by N.D. Fla. Loc. R. 7.1(B). Counsel for Skanska conferred by phone 

with Brian Barr, Sam Geisler, Thomas Gonzales, and counsel for the U.S. 

Department of Justice, and they have no opposition to a continuance in this matter. 

Jeffrey Gill, who represents one claimant, is opposed to a continuance. Counsel 

for Skanska has emailed counsel representing the other claimants asking if they 

have any opposition, but have not yet had a response. 

/s/ Scott A. Remington

SCOTT A. REMINGTON 

CERTIFICATE OF COMPLIANCE AS TO WORD COUNT 

 I hereby certify that, as required by Local Rule 7.1(F), this Motion for 

Continuance and Memorandum in Support contains 1,529 words, counted as 

provided in Local Rule 7.1(F). 

/s/ Scott A. Remington

SCOTT A. REMINGTON 

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CERTIFICATE OF SERVICE 

 I HEREBY CERTIFY that a copy of the foregoing has been filed with the 

Clerk of Court and furnished to all counsel of record through the Court’s CM/ECF 

electronic filing system on this 31st day of August, 2021: 

/s/ Scott A. Remington

SCOTT A. REMINGTON 

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