Tureau v. 2H, Inc.

JUDGE DEE D. DRELL

JUDGE DEE D. DRELL
MAGISTRATE JUDGE JAMES D. KIRK

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 recommendations are correct under the applicable law;

IT IS ORDERED that the motion for more definite statement is DENIED.

IT IS FURTHER ORDERED that the motion to dismiss is GRANTED in part and DENIED in part. Tureau's claims for fraud, punitive damages, continuing tort, continuing tresspass, continuing nuisance, civil fruits, ultrahazardous activity, unjust enrichment and claims under Louisiana Civil Code articles 2317 and 2322, 2688, Mineral Code article 22 and Restatement (Second) of Torts §324(A) is DISMISSED. In all other respects, the motion to dismiss is DENIED.

IT IS FURTHER ORDERED that Tureau is afforded leave to amend his complaint within 20 days of the adoption of this Report and Recommendation.

THUS DONE AND SIGNED in chambers at Alexandria, Louisiana on this 6 day of August, 2015.

/s/_________

DEE D. DRELL, CHIEF JUDGE

UNITED STATES DISTRICT COURT