Rinehart v. National Oilwell Varco L.P., et al

Filing 107

ORDER AND REASONS denying 103 Motion to Stay. Signed by Judge Eldon E. Fallon on 5/25/2017. (cg)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA DONALD RINEHART, JR. * * vs. * * NATIONAL OILWELL VARCO L.P., ET AL. * CIVIL ACTION NO. 15-6266 SECTION: L ORDER AND REASONS Before the Court is a Motion to Stay filed by Defendant Starfleet Marine Transportation, Inc. (“Starfleet”). (R. Doc. 103). Plaintiff opposes the Motion. (R. Doc. 105). Starfleet filed a notice of interlocutory appeal (R. Doc. 102) regarding this Court’s Order and Reasons denying Starfleet’s motion for partial summary judgment based on the McCorpen defense. (R. Doc. 101). In its Order and Reasons, this Court found that record supported genuine issues of material fact regarding Starfleet’s McCorpen claim; specifically, whether Plaintiff willfully concealed a preexisting medical condition and, if so, whether such concealment or misrepresentation was material to Starfleet’s hiring decision. This is a factually-pregnant issue, and this Court found genuine issues of material fact, including Plaintiff’s credibility and competing medical testimony. This Court did not foreclose the McCorpen defense, but rather found the issue should be presented at trial to be determined by the finder of fact. Accordingly, this order was not a final decision appealable under 28 U.S.C. §1291. Furthermore, as the McCorpen defense in this case is factually-pregnant and not a pure question of law, it does not meet the standard for appeal under 28 U.S.C. § 1292(b). §1292(b) provides a limited exception by which parties can appeal non-final orders upon written order from the District Court. Starfleet has not requested such certification in this case, and this Court declines to grant it in this factually-pregnant situation. 1 Accordingly, Starfleet has failed to demonstrate a likelihood of success on the merits. See, e.g., Ruiz v. Estelle, 666 F.2d 854, 856 (5th Cir. 1982). For the foregoing reasons, IT IS ORDERED that Starfleet’s Motion to Stay (R. Doc. 103) is DENIED. New Orleans, Louisiana, this 25th day of May, 2017. UNITED STATES DISTRICT JUDGE 2

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