Fisk Electric Company v. DQSI, L.L.C., et al

Filing 182

ORDER: IT IS ORDERED that the 156 motion to exclude evidence related to Madden's alleged statements is hereby GRANTED; IT IS FURTHER ORDERED that the 156 motion to strike is hereby DISMISSED as moot, as set forth in document. Signed by Judge Ivan L.R. Lemelle on 05/31/2019. (am)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
FISK ELECTRIC COMPANY

CIVIL ACTION

VERSUS

NO. 15-2315

DQSI, L.L.C., ET. AL.

SECTION: “B”(3)
ORDER

Considering defendants’ “Motion to Strike and Exclude Evidence Related to Statements
Allegedly Made by Timothy S. Madden” (Rec. Doc. No. 156),
IT IS ORDERED that the motion to exclude evidence related to Madden’s alleged
statements is hereby GRANTED;
IT IS FURTHER ORDERED that the motion to strike is hereby DISMISSED as moot.
Plaintiff woefully fails to meet the strict standard of FRCP 9(b) for pleading fraud against
defendants’ attorney. See Dorsey v. Portfolio Equities, Inc., 540 F.3d 333, 339 (5th Cir. 2008).
That failure precludes admission or reference to alleged “evidence” of fraud against that attorney.
The vague and conclusory belief of Mr. Thomas, asserted in Fisk’s opposition, misses 9(b)’s strict
pleading standard. See also City of New Orleans v. AMBAC Assurance Corp., 2014 WL 7140056
(E.D. La. Dec. 12, 2014).
New Orleans, Louisiana, this 31st day of May, 2019.

_________________________________________
SENIOR UNITED STATES DISTRICT JUDGE