Willard et al v. Wright National Flood Insurance Co

Filing 14

ORDER granting 8 Motion to Dismiss Plaintiff's claims for statutory penalties, rental expenses, attorney's fees and costs pursuant to Louisiana Revised Statutes 22:1893 and 22:1973, property damage, mental pain and anguish, loss of enjoy ment of life, expert fees, costs and interest. As such, all of the claims listed herein are hereby DISMISSED WITH PREJUDICE.IT IS FURTHER ORDERED that Plaintiffs request for leave to file an amended complaint doc 13 RESPONSE to Motion styled as a letter and request for leave to file an amended complaint is hereby GRANTED. Plaintiffs have until Monday, March 20, 2017 to file an amended complaint. Signed by Judge S Maurice Hicks on 3/6/17. (crt,Keller, J)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
ADAM WILLARD AND LISA WILLARD

CIVIL ACTION NO. 17-264

VERSUS

JUDGE S. MAURICE HICKS, JR.

WRIGHT NATIONAL FLOOD
INSURANCE COMPANY

MAGISTRATE JUDGE HORNSBY

ORDER
Considering Defendant Wright National Flood Insurance Company’s (“Wright”)
Rule 12(b)(6) Motion to Dismiss (Record Document 8) and Plaintiffs Adam and Lisa
Willard’s concession that the Motion should be granted (Record Document 13),
IT IS ORDERED that Wright’s Motion (Record Document 8) be and is hereby
GRANTED. Plaintiffs’ claims for statutory penalties, rental expenses, attorney’s fees, and
costs pursuant to Louisiana Revised Statutes 22:1893 and 22:1973, property damage,
mental pain and anguish, loss of enjoyment of life, expert fees, costs, and interest
contained in the Complaint filed herein are preempted and barred under federal statutory,
regulatory, and common law. As such, all of the claims listed herein are hereby
DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that Plaintiffs’ request for leave to file an amended
complaint (Record Document 13) is hereby GRANTED. Plaintiffs have until Monday, March
20, 2017, to file an amended complaint.
THUS DONE AND SIGNED at Shreveport, Louisiana, on this the 6th day of March,
2017.