Opinion
NO. 2016 CW 1657
02-06-2017
GUSTAVE J. LABARRE, JR. v. OCCIDENTAL CHEMICAL COMPANY AND TEXAS BRINE COMPANY, LLC
In Re: Texas Brine Company, LLC, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 33796. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT GRANTED. The district court's judgment of November 16, 2016 which granted Legacy Vulcan, LLC's Motion to Strike Texas Brine Company, LLC's Allegations, Demands, or Claims Directed at Non-Party Vulcan Materials Company and which ordered that any allegation, demand, or claim asserted or alleged by Texas Brine Company, LLC directed at non-party Vulcan Materials Company be stricken from this case is hereby reversed. A motion to strike is not an authorized or proper way to procure the dismissal of a complaint or a cause of action. Pitre v. Opelousas General Hospital, 530 So.2d 1151, 1162 (La. 1988); Buras v. Parish of Tangipahoa, 2008-2429 (La. App. 1st Cir. 9/23/09), 28 So.3d 1066, 1069. Legacy Vulcan, LLC's Motion to Strike Texas Brine Company, LLC's Allegations, Demands, or Claims Directed at Non-Party Vulcan Materials Company is denied.
JMG
PMc
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT