Plaintiffs brought these various consolidated actions to recover damages resulting from the development of a Asinkhole@ on property allegedly belonging to and/or under the control of defendants TBC and Occidental Chemical Corporation near the hamlet of Bayou Corne in Assumption Parish, Louisiana.

First, regarding TBC’s tort claims, Reliance stresses that it was merely a non-operating working interest owner in the Hooker #1 Well, in contrast to other third-party defendants such as Adams and Browning who actually operated the well.

In the Fifth Circuit this strict standard is summarized as follows: "[T]he question [] is whether in the light most favorable to the plaintiff and with every doubt resolved on his behalf, the complaint states any valid claim for relief."

As to the contract claim, the Court is not moved by Reliance’s arguments based on express assumption, which suggest that Reliance acquired its interest in the Colorado Crude lease without incurring the concomitant obligations to refrain from damaging the nearby salt formations.

Accordingly; IT IS ORDERED that the Motion to Dismiss Claims Pursuant to FRCP 12(b)(6) (Rec. Doc. 1043) filed by third-party defendant Reliance Petroleum Corporation is DENIED.

None of the statements contained in the factual background are factual findings by the Court.

None of the duties upon which Texas Brine’s claims are based derive from the Operating Agreement.

* to be filed in all related cases

This matter was referred to United States Magistrate Judge Patrick J. Hanna for Report and Recommendation.

After an independent review of the record, including the obj ections filed herein, this Court concludes that the Report and Recommendation of the Magistrate Judge is correct.

Accordingly, IT IS HEREBY ORDERED that the Motion for Summary Judgment [Doc. 546] is DENIED as defendants are not entitled to judgment as a matter of law.

day of “Mad , 2015, in Lafayette, I49:/act/39%

According to the complaint, the defendants’ activities have impacted the natural plant and animal life and depleted the oxygen levels of the water, causing the crawfish harvest to be adversely affected or eliminated.

[Doc. 513] While the appeal was pending, the Magistrate Judge held a settlement conference, and all remaining non-insurer defendants except Dow, Florida Gas, and SNG settled their claims.

Defendants have pointed “to an absence of evidence” supporting plaintiffs’ claims, thus shifting to plaintiffs “the burden ofdemonstrating by competent summary j udgment proofthat there is an issue of material fact warranting trial.” Lindsey at 618.

Rather, Rule 59(e) serves the narrow purpose of allowing a party to correct manifest errors of law or fact or to present newly discovered evidence.

See e. g. Templar at 479 (“[A]n unexcused failure to present evidence available at the time of summary judgment provides a valid basis for denying a subsequent motion for reconsideration”) The final category of additional evidence plaintiffs ask this Court to consider are SNG’s responses to plaintiffs’ requests for admission, wherein SNG admits the canals at issue “Were dredged by dredging vessels.” [Doc. 600, p. 6] As SNG points out, its responses were tendered to plaintiffs three days before this Court’s Ruling.

Third-party defendants Adams Resources Exploration Corp., Browning Oil Co., LORCA Corp., and Colorado Crude Co. (collectively “Movants”) have filed a Motion to Dismiss Claims Pursuant to FRCP 12(b)(6) (Rec. Doc. 958).

Plaintiffs brought these various consolidated actions to recover damages resulting from the development of a Asinkhole@ on property allegedly belonging to and/or under the control of defendants TBC and Occidental Chemical Corporation near the hamlet of Bayou Corne in Assumption Parish, Louisiana.

Adams and Browning are two oil and gas exploration companies that had previously conducted operations on the Hooker #1 Well, which was located adjacent to the Oxy Geismar Well #3 (the well used to mine the now collapsed salt cavern).

The Court’s prior comment regarding contribution was made in light of Louisiana’s 1996 adoption of comparative fault, which eliminated solidary liability for negligence causes of action accruing after the effective date of the 1996 amendments.

Accordingly; IT IS ORDERED that the Motion to Dismiss Claims Pursuant to FRCP 12(b)(6) (Rec. Doc. 958) filed by third-party defendants Adams Resources Exploration Corp., Browning Oil Co., LORCA Corp., and Colorado Crude Co. is DENIED.

Background Plaintiffs brought these consolidated actions to recover damages resulting from the development of a “sinkhole” on property allegedly belonging to and/or under the control of defendants Texas Brine Co., LLC (“TBC”) and Occidental Chemical Corporation near the hamlet of Bayou Corne in Assumption Parish, Louisiana.

Discussion Summary judgment is appropriate only if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any," when viewed in the light most favorable to the non-movant, "show that there is no genuine issue as to any material fact."

Conclusional allegations and denials, speculation, improbable inferences, unsubstantiated assertions, and legalistic argumentation do not adequately substitute for specific facts showing a genuine issue for trial.

Thus, when the insured’s failure to comply with a policy’s notice requirement relieves the insurer of its coverage obligations under the Page 10 of 15 policy, the innocent direct action plaintiff suffers too.

LIUI disputes TBC’s suggestion that the plaintiff class is composed of Louisiana “residents” but regardless of whether they are “residents,’ “citizens,” landowners, out-of-state business operators like TBC, or some combination of them, it is clear that all of the injured parties have a connection to this state.

... be deemed to have adopted any generally applicable dispositive motion filed by any other Insurer Defendant,” unless an Insurer Defendant files a “notice of its intention not to adopt a particular motion.” {Docs 226-2, p. 2; 227] As none ...