Tharp v. TRANSWORLD DRILLING COMPANY
| Decision Date | 13 August 1973 |
| Docket Number | No. 73-370-D.,73-370-D. |
| Citation | 367 F. Supp. 521 |
| Parties | Mrs. Joyce N. THARP, personal representative of James Allen Tharp, and personal representative of the Estate of James Allen Tharp, Individually and on behalf of her minor daughter, Plaintiff, v. TRANSWORLD DRILLING COMPANY, and Transworld Drilling Company, Limited, Defendants. |
| Court | U.S. District Court — Western District of Oklahoma |
Frederick J. Gisevius, Jr., David E. Caruso, Jr., New Orleans, La., John W. Norman, Oklahoma City, Okl., for plaintiff.
Ralph E. Smith, New Orleans, La., Francis S. Irvine, Oklahoma City, Okl., for defendants.
This case arises from the accidental death of an employee on a submersible drilling rig operated by one or both Defendants. It is an action under the Jones Act (46 U.S.C.A. § 688) and under the general maritime law brought in the United States District Court for the Eastern District of Louisiana. Upon motion by the Defendant Transworld Drilling Company, (the only Defendant before the court) which motion was unopposed by Plaintiff, the Court on May 23, 1973, pursuant to 28 U.S.C.A. § 1404(a) transferred the case to the United States District Court for the Western District of Oklahoma. The record indicated that the Clerk of the United States District Court for the Eastern District of Louisiana forwarded the entire original record to the Clerk of the Court for the Western District of Oklahoma on May 24, 1973. On May 24, 1973, after the record was forwarded by the Court Clerk, an Order was filed with the Court Clerk for the Eastern District of Louisiana by a Magistrate of said Court directing that the Defendant produce a witness, one L. Campbell, for deposition in New Orleans, Louisiana, on June 1, 1973.
On May 30, 1973, Defendant Transworld Drilling Company filed in the Louisiana Court a Motion for Protective Order requesting that the Order of the Magistrate be vacated or modified. This motion as well as the Magistrate's Order was forwarded to the Clerk of the Court of this District on May 31, 1973. Plaintiff was requested to respond to said Motion and failed to do so within the time granted.
On July 31, 1973, Plaintiff filed a Motion For Default Judgment and/or Other Sanctions Under Rule 37 for Defendants' Violation of Order of Court, which motion is based on Defendant's failure to produce witness L. Campbell for deposition on June 1, 1973 pursuant to the Order of the Magistrate.
Both the motions aforementioned related to the same matter and they are being considered together.
The effect of the transfer of the case as to the validity of the Magistrate's Order filed May 24, 1973 must be considered prior to consideration of the motions. This Order, although dated May 23, 1973, was not effective until...
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Spillane, In re
...Inc., 779 F.2d 351 (7th Cir.1985) (refusing to hold that transfer of the record is always the controlling fact); Tharp v. Transworld Drilling Co., 367 F.Supp. 521 (W.D.Okl.1973) (relying on Koehring Co. v. Hyde Construction Co., Inc., 382 U.S. 362, 86 S.Ct. 522, 15 L.Ed.2d 416 (1966) 3 to h......
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In re Rigco, Inc., Bankruptcy No. 82-01166 M R
...28 U.S.C. § 1404(a). The cases reported hold that a transfer occurs when the order of transfer is entered, Tharp v. Transworld Drilling Co., 367 F.Supp. 521 (W.D.Okl.1973); see also Koehring Co. v. Hyde Construction Co., Inc., 382 U.S. 362, 86 S.Ct. 522, 15 L.Ed.2d 416 (1966); when the file......
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D'Amato v. Echl, Inc.
...Court of jurisdiction over the matter, Huff v. CSX Transp., Inc., 461 F. Supp. 2d 853 (S.D. Ill. 2006); Tharp v. Transworld Drilling Co., 367 F. Supp. 521 (W.D. Okla. 1973); see also Fisher v. United Airlines, Inc., 218 F. Supp. 223 (S.D.N.Y. 1963)," Cott Corp., supra, 2011 U.S. Dist. LEXIS......
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GHR Energy Corp., In re, 85-2729
...transfer was received by the Clerk in that district. See Drabik v. Murphy, 246 F.2d 408, 409 (2d Cir.1957); Tharp v. Transworld Drilling Co., 367 F.Supp. 521, 522 (W.D.Okla.1973). ...