Lancon v. Setton Construction, Inc. et al

Filing 18

ORDER finding as moot 8 Motion to Dismiss; denying w/o prej 15 Motion to Dismiss. Signed by Judge Lance M Africk. (car, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

MICHAEL LANCON

CIVIL ACTION

VERSUS

NO. 11-1899

SETTOON CONSTRUCTION, INC. CPT.
O.T. MOBIELY, JOHN W. STONE OIL
DISTRIBUTOR, L.L.C., ABC
INSURANCE CO. AND XYZ INSURANCE
COMPANY

SECTION I

ORDER
Before the Court is a motion1 to dismiss filed by defendant, John W. Stone Oil
Distributor, L.L.C. (“Stone Oil”). Plaintiff, Michael Lancon (“Lancon”), has filed an
opposition.2 Having considered the arguments of counsel, the Court finds that plaintiff has
sufficiently stated a claim for relief against Stone Oil based on its alleged failure to provide a
reasonably safe dock. See Florida Fuels, Inc. v. Citgo Petroleum Corp., 6 F.3d 330 (5th Cir.
1993). Discovery will reveal the extent and nature of Stone Oil’s responsibility, if any, for its
alleged failure to assist Lancon in loading the five-gallon buckets and/or its alleged failure to
ensure that the vessel was properly docked for loading oil.
Accordingly,
IT IS ORDERED that Stone Oil’s motion3 to dismiss is DENIED without prejudice to
the right to reurge its arguments upon proper motion for summary judgment.
1

R. Doc. No. 15.

2

R. Doc. No. 17.

3

R. Doc. No. 15.

1

IT IS FURTHER ORDERED that Stone Oil’s motion4 to dismiss Lancon’s original
complaint is DISMISSED AS MOOT.
New Orleans, Louisiana, November 7, 2011.

___________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

4

R. Doc. No. 8.

2