McLain et al v. Fluor Enterprises, Inc. et al

Filing 257

ORDER AND REASONS denying as moot 214 Motion to Strike ; denying as moot 219 Motion to Strike ; denying as moot 222 Motion to Strike. FURTHER ORDERED that Warder relators amend their Fourth Amended Complaint in light of the Court's orders dated September 3, 2013 and November 12, 2013. 203 255 . Signed by Judge Helen G. Berrigan on 11/12/2013. (Reference: 09-4191)(kac, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
U.S. ex rel. TERRY D. MCLAIN and J.
LEN HODGES

Civil Action No. 06-11229 c/w 09-4191
Pertains to 09-4191

v.
FLUOR ENTERPRISES, INC., SHAW
ENVIRONMENTAL, INC., and CH2M
HILL CONSTRUCTORS, INC.

SECTION “C” (3)

ORDER AND REASONS
Before the Court are motions to strike portions of the Fourth Amended Complaint of
relators Thomas Warder, Gary Keyser, and Elizabeth Reeves (collectively, “the Warder
relators”), filed by defendants Fluor Enterprises, Inc., Shaw Environmental, Inc., and CH2M Hill
Constructors, Inc. Rec. Docs. 214, 219, & 222. The defendants move the Court to strike
allegations of the complaint that relate to claims that the Court dismissed from the case in its
September 3, 2013 Order and Reasons. Rec. Doc. 203. However, in light of rulings on
defendants’ more recent motions to dismiss, this motion to strike is MOOT.

Accordingly,
IT IS ORDERED that defendants’ Motions to Strike Portions of the Warder Relator’s
Fourth Amended Complaint are DENIED AS MOOT. Rec. Docs. 214, 219, & 222.
IT IS FURTHER ORDERED that the Warder relators amend their Fourth Amended
Complaint in light of the Court’s orders dated September 3, 2013 and November 12, 2013. Rec.
Docs. 203 & 255.

New Orleans, Louisiana, this 12th day of November, 2013

HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE