Matherne v IPC New Orleans I, LLC et al

Filing 85

ORDER & REASONS denying 78 Motion for Declaratory Judgment. Signed by Judge Kurt D. Engelhardt on 10/16/2014. (mmm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

PATRICIA G. MATHERNE

CIVIL ACTION

VERSUS

NO. 13-3936

IPC NEW ORLEANS I, LLC, ET AL.

SECTION “N” (2)

ORDER AND REASONS
Presently before the Court is a motion for declaratory judgment (R. Doc. 78) filed
by Defendant ABM Security Services, Inc. (hereinafter “ABM”). On the showing made, IT IS
ORDERED that ABM's motion is DENIED. An order of dismissal (R. Doc. 69) was entered in
this matter on May 20, 2014, based on a settlement of all pending claims. Thereafter, upon request
of the parties, including Defendant ABM, the Court entered orders of dismissals with prejudice on
July 22, 2014 and August 13, 2014. See R. Docs. 74 and 77. No motion is pending before the Court
asking that any of those orders be set aside and the matter re-opened. Moreover, as reflected in
ABM's April 8, 2014 memorandum filed in support of its motion seeking to continue trial, no crossclaim was ever filed in this matter (see R. Docs. 39 and 39-1, p. 2),1 and now is not the time to do
so. Any declaratory relief to which ABM may be entitled against Zurich American Insurance
Company will have to be asserted in a separate, properly instituted lawsuit.
New Orleans, Louisiana, this 16th day of October 2014.

_________________________________
KURT D. ENGELHARDT
United States District Judge

1

The parties' April 11, 2014 pre-trial order (Rec. Doc. 45) likewise does not reflect
the existence of any cross-claims.