Louisiana Crawfish Producers Association West v. Amerada Hess Corp et al

Filing 269

JUDGMENT ADOPTING the Report and Recommendation of the Magistrate Judge 263 IT IS THEREFORE ORDERED ADJUDGED AND DECREED that Defendants' Motion for Summary Judgment 162 , 169 , 171 , 173 , 174 , 175 , 170 , 183 , 186 , 187 , 189 , 203 , 208 , 216 , 217 , 230 , 231 and 232 is GRANTED to the extent that plaintiffs cannot establish causation through an enterprise or market share theory of liability under maritime tort law. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the plaintiffs are given leave to amend their petition pursuant to Fed.R.Civ.P. 56(e), to allege a specific harm, to a specific plaintiff(s), caused by the conduct of a specific defendant(s), within sufficient factual detail to establish a maritime tort for each, within the parameters of Fed.R.Civ. P. 8 as interpreted by Bell Atlantic v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal,__ U.S. __, 129 S.Ct. 1937 (2009). IT IS FURTHERMORE ORDERED ADJUDGED AND DECREED that the motions are DENI ED without prejudice to the defendants' right to re-urge the motion at such time as the plaintiffs have amended their petition. With regard to the Motions for Summary Judgment 191 , 193 , 196 , 200 , 205 , 213 , 216 , 218 , 223 , 225 , 212 , 233 , they are taken under advisement. Signed by Judge Rebecca F Doherty on 3/16/11. (crt,Guidry, C)