Dubuisson v. Industrial Economics, Inc. et al

Filing 27

ORDER denying as moot 10 Motion to Dismiss for Failure to State a Claim. IT IS ORDERED that on or before Wednesday, January 24, 2018, Plaintiff shall file a second supplemental and amending complaint that rectifies the pleading shortcomings identified within document. Signed by Chief Judge Kurt D. Engelhardt on 1/12/2018. (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
RICHARD DUBUISSON

CIVIL ACTION

VERSUS

NO. 17-4883

INDUSTRIAL ECONOMICS, INC. and
RYAN TOLBERT

SECTION "N"

ORDER AND REASONS
Having carefully reviewed the parties’ submissions, including “Plaintiff’s First
Supplemental and Amending Complaint” (Rec. Doc. 21), IT IS ORDERED that “Defendant
Industrial Economics Incorporated’s Motion to Dismiss for Failure to State a Claim Upon Which
Relief Can Be Granted” (Rec. Doc. 10) is DENIED as MOOT. Nevertheless, considering the
assertions made in the motion, in the context of the background of this and the related civil action,
number 16-3640, the Court finds the allegations of Plaintiff’s “First Supplemental and Amending
Complaint” (Rec. Doc. 21) to be overly conclusory and lacking factual information sufficient to
support a reasonable inference of negligence. Accordingly, IT IS ORDERED that on or before
Wednesday, January 24, 2018, Plaintiff shall file a second supplemental and amending complaint
that rectifies the pleading shortcomings identified herein.
New Orleans, Louisiana, this 12th day of January 2018.

_________________________________
KURT D. ENGELHARDT
United States District Judge