CHIEF JUDGE DEE D. DRELL
CHIEF JUDGE DEE D. DRELL MAGISTRATE JUDGE JAMES D. KIRK JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate Judge filed previously herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law;
IT IS ORDERED that the motion to dismiss is GRANTED in part and, in part, DENIED. The plaintiff's claims for fraud, punitive damages, continuing tort, continuing trespass, civil fruits, ultrahazardous activity, claims under Civil Code Articles 2317 and 2322, unjust enrichment, Mineral Code Article 22, Restatement (Second) of Torts §324A and Civil Code Article 2688 are dismissed. In all other respects, the motion to dismiss is DENIED.
THUS DONE AND SIGNED, in chambers, in Alexandria, Louisiana, on this 1 day of April, 2015.
/s/_________
DEE D. DRELL, CHIEF JUDGE
UNITED STATES DISTRICT COURT