Rinehart v. National Oilwell Varco L.P., et al
ORDER AND REASONS denying 103 Motion to Stay. Signed by Judge Eldon E. Fallon on 5/25/2017. (cg)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DONALD RINEHART, JR.
NATIONAL OILWELL VARCO L.P., ET AL. *
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.
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
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