Conwill v. Greenberg Traurig, L.L.P. et al

Filing 223

ORDERED that Defendant Jay I. Gordon's Motion to Dismiss Pursuant to FRCP 12(b)(6), and, in the Alternative, Motions for Summary Judgment and to Strike is GRANTED IN PART and DENIED IN PART as set forth in document. Signed by Judge Nannette Jolivette Brown on 9/28/12. (sek, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DAVID O. CONWILL, IV

CIVIL ACTION

VERSUS

NO. 11-0938

GREENBERG TRAURIG, L.L.P., et al.

SECTION: “G”(1)

ORDER
Considering this Court’s Order and Reasons1 dated September 28, 2012, which is adopted
here,
IT IS HEREBY ORDERED that Defendant Jay I. Gordon’s (“Gordon”) Motion to Dismiss
Pursuant to FRCP 12(b)(6), and, in the Alternative, Motions for Summary Judgment and to Strike2
is GRANTED IN PART and DENIED IN PART. The motion is granted regarding Gordon’s
claims under Federal Rule of Civil Procedure 12(b)(6) that res judicata bars Conwill’s claims
pursuant to the Louisiana Racketeering Act and demand for punitive damages, and these claims are
dismissed with prejudice. However, the motion is denied with regard to Gordon’s claim that La.
Rev. Stat. § 9:5605 applies to perempt Conwill’s remaining claim for breach of fiduciary duty.
Considering Conwill’s state law claim for punitive damages is dismissed under res judicata,
Gordon’s alternative motion to strike under Federal Rule of Civil Procedure 12(f) is denied at moot.
NEW ORLEANS, LOUISIANA, this ____ day of September, 2012.
28th

_________________________________
NANNETTE JOLIVETTE BROWN
UNITED STATES DISTRICT JUDGE

1

2

Rec. Doc. 222.

Rec. Doc. 60 (stating that this motion incorporates by reference all arguments in Rec. Doc. 65, which this
Court fully addressed in Rec. Doc. 222).