JMCB, LLC, On Behalf of Itself and All Others Similarly Situated v. The Board of Commerce & Industry et al

Filing 69

RULING AND ORDER granting 28 Consolidated Motion For Clarification of the Complaint Pursuant to Federal Rule of Civil Procedure 12(E) or 12(F) and Motion For Joinder of Party Pursuant to Federal Rules of Civil Procedure 12(B)(7) and 19. The 31 MO TION for Reconsideration to Reconsider and Vacate Order of Dismissal, or Alternative Motion to Intervene as a Defendant is GRANTED. The Plaintiff's 22 Notice of Voluntary Dismissal is SET ASIDE and the 23 ORDER dismissing Cameron from this ca se is VACATED. Cameron will be joined in this action as a defendant either as a necessary and indispensable party under Rule 19 or through intervention. Plaintiff is given twenty-eight (28) days in which to file an amended complaint clarifying the claims against the parties. The 18 Motion to Dismiss for Failure to State a Claim is DENIED WITHOUT PREJUDICE. Signed by Judge John W. deGravelles on 12/5/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JMCB, LLC, ON BEHALF OF ITSELF
AND ALL OTHERS SIMILARLY
SITUATED
CIVIL ACTION
VERSUS
NO. 17-75-JWD-JCW
THE BOARD OF COMMERCE &
INDUSTRY; LOUISIANA
DEPARTMENT OF ECONOMIC
DEVELOPMENT; AND CAMERON
LNG, LLC
RULING AND ORDER
This matter comes before the Court on three motions: (1) Cameron LNG, LLC’s
(“Cameron’s”) Motion to Reconsider and Vacate Order of Dismissal, or Alternative Motion to
Intervene as a Defendant (the “Motion to Intervene”) (Doc. 31); (2) the Consolidated Motion for
Clarification of the Complaint Pursuant to Federal Rule of Civil Procedure 12(e) or 12(f) and
Motion for Joinder of Party Pursuant to Federal Rule of Civil Procedure 12(b)(7) and 19 (the
“Motion for Clarification” and “Motion to Join”) (Doc. 28) filed by Defendants, the Board of
Commerce and Industry (the “Board”) and the Louisiana Department of Economic Development
(the “LDED”) (collectively, the “State Defendants”); and (3) the Motion to Dismiss Certain
Claims Pursuant to Federal Rule of Civil Procedure 12(b)(6) (the “Motion to Dismiss”) (Doc.
18) by the State Defendants. All three motions are opposed (Docs. 26, 36, 37), and reply
memoranda have been filed (Doc. 30, 45, 47). Oral argument is not necessary.
The Court has carefully considered the law, the facts in the record, and the arguments of
the parties and is prepared to rule. For the reasons articulated in the related case of JMCB, LLC
v. Board of Commerce & Industry, No. 17-77 (M.D. La.), Doc. 57, the Motion to Intervene and

Motion to Join are granted. Cameron will be joined in this action, either as a necessary and
indispensable party under Fed. R. Civ. P. 19 or by intervention (of right or permissive) under
Rule 24. The Motion for Clarification is also granted in that Plaintiff is required to file an
amended complaint within twenty-eight (28) days of this order to clarify the allegations against
all parties. For that reason, the Motion to Dismiss is denied without prejudice; the State
Defendants can re-urge these arguments, if necessary, after the Plaintiff has filed its amended
complaint.
The Court’s ruling in the related case (attached as an appendix to this Ruling and Order)
analyzes all of these issues in the context of Plaintiff’s case against the State Defendants and
Sabine Pass Liquefaction, LLC, a company in a virtually identical position to Cameron for these
purposes. As a result, the Court’s reasoning in the related case applies with equal force here.
Accordingly,
IT IS ORDERED that Cameron LNG, LLC’s Motion to Reconsider and Vacate Order of
Dismissal, or Alternative Motion to Intervene as a Defendant (Doc. 31), and the State
Defendant’s Consolidated Motion for Clarification of the Complaint Pursuant to Federal Rule of
Civil Procedure 12(e) or 12(f) and Motion for Joinder of Party Pursuant to Federal Rule of Civil
Procedure 12(b)(7) and 19 (Doc. 28) are GRANTED.
IT IS FURTHER ORDERED that the Plaintiff’s notice of voluntary dismissal (Doc.
22) is SET ASIDE, and the Court’s April 5, 2017, order dismissing Cameron from this case
(Doc. 23) is VACATED.
IT IS FURTHER ORDERED that Cameron will be joined in this action as a defendant
either as a necessary and indispensable party under Rule 19 or through intervention (of right and
permissive) under Rule 24.

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IT IS FURTHER ORDERED that Plaintiff is given twenty-eight (28) days in which to
file an amended complaint clarifying the claims against the parties.
IT IS FURTHER ORDERED that the State Defendant’s Motion to Dismiss Certain
Claims Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 18) is DENIED WITHOUT
PREJUDICE. The State Defendants may re-urge their objections, if necessary, after the
Plaintiff files its amended complaint.
Signed in Baton Rouge, Louisiana, on December 5, 2017.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

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