Tureau v. 2H, Inc.

Full title: JUSTIN DALE TUREAU v. 2H, INC., ET AL.

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

Date published: Apr 1, 2016

CIV. ACT. NO. 13-2969 (W.D. La. Apr. 1, 2016)

Opinion

CIV. ACT. NO. 13-2969

04-01-2016

JUSTIN DALE TUREAU v. 2H, INC., ET AL.

JUDGE DRELL

MAG. JUDGE PEREZ - MONTES

JUDGMENT

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 hereby

ORDERED, ADJUDGED and DECREED that Defendant Chevron's motion to dismiss, (Doc. 123) is GRANTED in part, such that Plaintiff's purported claims under La. Civ. C. Arts. 576, 577, 645, 2317 and 2322 and DENIED and DISMISSED with prejudice for failure to state a claim upon which relief may be granted. Plaintiff's motion is further GRANTED as to Plaintiff's purported claim under the post-amendment version of La. Civ. C. Art. 667. Chevron's motion is DENIED in all other respects.

In so finding, we note that Chevron timely filed objections to the Report and Recommendation, incorporating by reference the objections filed by its co-defendant Hess Corp. in Doc. 134 regarding the Magistrate Judge's inclusion of certain dicta referencing the "pre-lease condition" standard of remediation. (Doc. 135). As expressed in the Judgment issued as to Hess Corp.'s motion to dismiss (Doc. 125), we note that such language is dicta; unbinding on any future proceeding in this matter.¹

1 By way of dicta we also note that Plaintiff asserts both contractual and statutory remediation claims against Chevron, as opposed to his claims against Hess Corp., which are solely statutory. Plaintiff vaguely refers to an express provision which he asserts imposes a more stringent remediation burden than that required by the statutes. (Doc. 127 at pp. 3-4). Thus to clarify, before the statutory remediation standard can be applied in this case, the court must find that the contractual remediation clause advanced by Plaintiff is inapplicable or merely restates the statutory burden. --------

THUS DONE AND SIGNED at Alexandria, Louisiana this 1^st day of April, 2016.

/s/ _________

DEE D. DRELL, CHIEF JUDGE

UNITED STATES DISTRICT JUDGE