Cheneau et al v. United States Army Corps of Engineers et al

Filing 15

ORDER AND REASONS: ORDERED that the government's 10 motion to dismiss the original complaint is GRANTED for lack of subject matter jurisdiction. FURTHER ORDERED that plaintiffs' 12 motion for leave to file an amended complaint is DENIED. FURTHER ORDERED that the government's 14 motion to dismiss plaintiffs' proposed amended complaint is DISMISSED AS MOOT. Signed by Judge Lance M Africk on 8/4/2015.(blg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

ROBERT CHARLES CHENEAU ET AL.

CIVIL ACTION

VERSUS

No. 15-164

UNITED STATES ARMY CORPS OF
ENGINEERS ET AL.

SECTION I

ORDER AND REASONS
Before the Court is a motion 1 filed by the government to dismiss the above-captioned
matter pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, which
plaintiffs oppose. 2 Plaintiffs also filed a motion for leave to file an amended complaint 3 along
with the proposed amended complaint. 4 The government then filed a motion to dismiss
plaintiffs’ proposed amended complaint. 5
The pleadings, motions, allegations, and issues in the above-captioned matter are
substantially identical to those presented in Haynes v. U.S. Army Corp of Engineers, Civil
Action No. 15-167 (filed January 23, 2015). Accordingly, for the reasons stated in this Court’s
August 4, 2015 opinion in Haynes,
IT IS ORDERED that the government’s motion to dismiss the original complaint is
GRANTED for lack of subject matter jurisdiction.
IT IS FURTHER ORDERED that plaintiffs’ motion for leave to file an amended
complaint is DENIED.

1

R. Doc. No. 10.
R. Doc. No. 11.
3
R. Doc. No. 12.
4
R. Doc. No. 12-2.
5
R. Doc. No. 14.
2

1

IT IS FURTHER ORDERED that the government’s motion to dismiss plaintiffs’
proposed amended complaint is DISMISSED AS MOOT.

New Orleans, Louisiana, August 4, 2015.

_______________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

2