Leblanc et al v. Texas Brine Company, LLC

Filing 1343

ORDER denying 1239 Motion to Dismiss; denying 1240 Motion to Dismiss; denying 1274 Motion to Dismiss for Failure to State a Claim; granting 1295 Motion for Leave to File; granting 1297 Motion for Leave to File. Signed by Judge Jay C. Zainey on 1/9/2017. (Reference: all cases)(cg)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA LISA T. LEBLANC, ET AL. CIVIL ACTION VERSUS NO. 12-2059 & CONSOLIDATED CASES TEXAS BRINE CO., LLC, ET AL. SECTION A(5) ORDER AND REASONS [Ref: All Cases] The following motions are before the Court: Motion to Dismiss or Stay (Rec. Doc. 1239) filed by third-party defendant St. Paul Fire and Marine Insurance Co.; Motion to Dismiss or Stay (Rec. Doc. 1240) filed by third-party defendants Gulf Underwriters Insurance Co. and St. Paul Surplus Lines Insurance Co.; Motion to Dismiss (Rec. Doc. 1274) filed by third-party defendant Chicago Insurance Co. Texas Brine Co, LLC opposes the motions. The motions, noticed for submission on November 30, 2016, and December 11, 2016, are before the Court on the briefs without oral argument. As Texas Brine points out in its oppositions, the Court has previously considered and rejected Movants’ Rule 12(b) arguments when they were raised by other similarly situated parties. Further, the Court declines to stay the third-party demands pending in the federal litigation absent an agreement by the involved parties to do so. Accordingly; 12-2059, LeBlanc v. Texas Brine Co., LLC, et al., and consolidated cases Order and Reasons (1239 1240 1274) Page 1 of 2 IT IS ORDERED that the Motions to Dismiss (Rec. Docs. 1239 1240 1274) are DENIED; IT IS FURTHER ORDERED that the motions for leave to file replies (Rec. Docs. 1295 1297) are GRANTED. January 9, 2017 __________________________________ JUDGE JAY C. ZAINEY UNITED STATES DISTRICT JUDGE 12-2059, LeBlanc v. Texas Brine Co., LLC, et al., and consolidated cases Order and Reasons (1239 1240 1274) Page 2 of 2

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