Emerald Land Corp v. Trimont Energy (BL) L L C et al

Filing 85

JUDGMENT adopting 70 Report and Recommendations; granting 50 Motion for More Definite Statement; granting in part and denying in part 56 Motion to Dismiss; granting in part and denying in part 52 Motion to Dismiss; denying 75 Motion to Strike. Signed by Judge Robert R Summerhays on 5/31/2019. (crt,Jordan, P)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
EMERALD LAND CORP.

CIVIL ACTION 6:l7·CV-01655

VERSUS

JUDGE ROBERT R. SUMMERHAYS

CHEVRON U.S.A. HOLDINGS,
INC., etal.

MAGISTRATE JUDGE PEREZ-MONTES

JUDGMENT

For the reasons contained in the Report and Recommendation of the
Magistrate Judge previously filed herein, and after independent (de novo) review of
the record including the objections filed herein, and having determined that the
findings and recommendation are correct under the applicable law;
IT IS ORDERED that Defendants' Motions to Dismiss Emerald's action for
prematurity (Docs. 50, 52, 56) are DENIED.
IT IS ORDERED that Defendants' motions to dismiss Emerald's remediation
and restoration claims (Docs, 50, 52, 56), other than backfilling canals, are DENIED.
IT IS ORDERED Defendants' Motions to Dismiss Emerald's claim to have
canals backfilled (Docs. 50, 52, 56) are GRANTED, and Emerald's claim for
backfilling canals is DISMISSED WITH PREJUDICE.
IT IS ORDERED that Defendants' Motions to Dismiss Emerald's continuing
tort claims for leaking waste pits and land loss/subsidence from canals (Docs. 50, 52,
56) are GRANTED, and those claims are DISMISSED WITH PREJUDICE.
IT IS ORDERED that Defendants' Motions to Dismiss Emerald's continuing
tort claims for trespass and unplugged wells (Docs. 50, 52, 56) are DENIED.