Morgan Plantation, Inc. v. Tenn. Gas Pipeline Co.

Full title: MORGAN PLANTATION, INC. v. TENNESSEE GAS PIPELINE CO., LLC ET AL.

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION

Date published: Oct 26, 2017

DOCKET NO. 2:16-cv-1620 (W.D. La. Oct. 26, 2017)

Opinion

DOCKET NO. 2:16-cv-1620

10-26-2017

MORGAN PLANTATION, INC. v. TENNESSEE GAS PIPELINE CO., LLC ET AL.

CHIEF JUDGE DRELL

MAGISTRATE JUDGE KAY

JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, including the objections filed, determining that the findings are correct under the applicable law;

IT IS ORDERED that the Motion for a More Definite Statement [doc. 6] be DENIED and that the Motions to Dismiss [docs. 5, 6] be GRANTED in the following respects:

1. Counts 1 and 2 should be dismissed without prejudice as to Exxon.

2. Count 3 should be dismissed without prejudice as to both defendants.

3. Count 5 should be dismissed without prejudice as to both defendants.

4. The portion of Count 7 alleging breach of an express lease provision should be dismissed without prejudice as to both defendants.

5. Count 9 should be dismissed without prejudice as to both defendants.

6. Count 10 should be dismissed without prejudice as to both defendants.

7. The claim to entitlement of civil fruits should be dismissed without prejudice as to both defendants.

In all other respects, the Motions to Dismiss are DENIED.

THUS DONE AND SIGNED at Alexandria, Louisiana, on this 26^th day of October, 2017.

/s/ _________

DEE D. DRELL, CHIEF JUDGE

UNITED STATES DISTRICT COURT