United States District Court, W.D. Louisiana, Alexandria Division
July 31, 2015
JUSTIN DALE TUREAU
2H, INC., ET AL.
JAMES D. KIRK MAGISTRATE JUDGE
DEE D. DRELL, CHIEF JUDGE UNITED STATES DISTRICT COURT
For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed 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 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 trespass, 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.