InPwr Inc v. Olson Restoration L L C et al

Filing 246

JUDGMENT adopting 239 Report and Recommendation of the Magistrate Judge, denying 134 Motion to Dismiss third party demands of Expedited Service Partners L L C. Granting in part and denying in part 129 Motion to Dismiss, filed by D C M C L L C. Count one and count two of the third-party-demands of Expedited Service Partners L L C against D C M C are dismissed with prejudice; the motion is otherwise denied. Signed by Judge Terry A Doughty on 11/17/2022. (crt,Crawford, A)

Case 2:21-cv-00821-TAD-KK Document 246 Filed 11/17/22 Page 1 of 1 PageID #: 4979

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION

INPWR, INC.

:

CIVIL ACTION NO. 21-CV-0821

VERSUS

:

JUDGE TERRY A. DOUGHTY

OLSON RESTORATION, LLC, ET AL.

:

MAGISTRATE JUDGE KAY

JUDGMENT
The Report and Recommendation of the Magistrate Judge [Doc. No. 239] having been
considered, no objections thereto having been filed, and finding that same is supported by the law
and the record in this matter,
IT IS ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss [Doc.
No. 134] brought by the Lemoine Company, LLC, seeking dismissal of the third-party demands
of Expedited Service Partners, LLC [Doc. No. 113] is DENIED.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Motion to
Dismiss [Doc. No. 129] brought by DCMC, LLC a/k/a DCMC Partners is GRANTED IN
PART such that Count One “Intentional Tort” and Count Two “Negligent Professional
Undertaking” of the third-party demands of Expedited Service Partners, LLC [Doc. No. 113]
against DCMC is DISMISSED with prejudice.
IT IS FURTHER ORDERED that DCMC’s Motion to Dismiss [Doc. No. 129] is
otherwise DENIED.
MONROE, LOUISIANA, this 17th day of November 2022.

_____________________________________
TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE