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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PENSACOLA DIVISION 

IN RE SKANSKA USA CIVIL 

SOUTHEAST INC. AND 

SKANSKA USA, INC. AS 

OWNERS OF THE BARGE KS 

5331, PRAYING FOR 

EXONERATION 

FROM OR LIMITATION 

OF LIABILITY 

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ADMIRALTY RULE 9(H) 

CIVIL ACTION NO. 

3:20-CV-05980 

SENIOR DISTRICT JUDGE 

LACEY A. COLLIER 

MAG. JUDGE 

HOPE THAI CANNON 

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

UNOPPOSED MOTION AND MEMORANDUM TO PRESENT STROH 

EXPERT TESTIMONY BY DE BENE ESSE DEPOSITION 

COME NOW SKANSKA USA CIVIL SOUTHEAST INC. AND 

SKANSKA USA, INC. ("Skanska") by and through their undersigned attorneys of 

record and request this Court permit the presentation of expert opinion testimony 

of their United States Coast Guard expert, Lincoln Stroh, through the presentation 

of the written transcript and video recorded de bene esse deposition testimony. As 

grounds, Skanska states the following: 

1. Captain Lincoln Stroh, former United States Coast Guard Chief of 

Staff is one of Skanska’s experts who will offer opinion testimony at trial. 

2. Captain Stroh had adjusted his work duty schedule for attendance at 

trial during the week of September 13, 2021, the pre-Hurricane Ida trial setting. 

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3. Due to Hurricane Ida’s impact, trial was rescheduled to the week of 

October 18, 2021. 

4. Captain Stroh will be participating in an oil spill response exercise 

during the rescheduled trial dates and will be unable to attend trial during the 

scheduled dates of Skanska’s trial presentation. 

5. His participation in the exercise prevents him from attending via live 

remote video conference, should the Court have allowed that. 

6. Claimants have a similar dilemma with their expert, Richard 

Henning. 

7. Skanska and Claimants have agreed to the de benne esse depositions 

of both expert witnesses, to a schedule which accommodates all counsel and the 

witnesses, and to present their prerecorded testimony to the Court. 

8. Skanska makes this request pursuant to Fed. R. Civ. Pro. 32(a)(1) and 

32(a)(4)(E). 

9. With the mutual consent of the parties we respectfully request the 

Court approve the presentation of Captain Stroh’s testimony via his prerecorded 

video testimony and transcript. 

[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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CONFERENCE WITH COUNSEL CERTIFICATION – RULE 7.1 

 The undersigned counsel pursuant to N.D. Fla. Loc. R. 7.1 has conferred 

with opposing counsel, Claimants’ counsel, who consent to the relief requested. 

/s/ Derek A. Walker

DEREK A. WALKER 

CERTIFICATE OF COMPLIANCE AS TO WORD COUNT 

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

Motion and Memorandum to Present Stroh Expert Testimony by De Bene Esse 

Deposition contains 330 words, counted as provided in Local Rule 7.1(F). 

/s/ Scott A. Remington

SCOTT A. REMINGTON 

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 3rd day of October, 2021: 

/s/ Scott A. Remington

SCOTT A. REMINGTON 

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