Justia Dockets & Filings Fifth Circuit Louisiana Eastern District Breaux v. Bollinger Shipyards LLC et al

Breaux v. Bollinger Shipyards LLC et al

Plaintiff:	Mark Breaux
Defendant:	Bollinger Shipyards, LLC, Family Medical Services LLC and Darren Duet
Case Number:	2:2016cv02331
Filed:	March 17, 2016
Court:	US District Court for the Eastern District of Louisiana
Office:	New Orleans Office
County:	Lafourche
Presiding Judge:	Nannette Jolivette Brown
Presiding Judge:	Sally Shushan
Nature of Suit:	Family and Medical Leave Act
Cause of Action:	29 U.S.C. § 2609
Jury Demanded By:	Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
March 23, 2017	Filing 22 ORDER: IT IS HEREBY ORDERED that Defendants' 9 Rule 12(b)(6) Partial Motion to Dismiss is DENIED AS MOOT IN PART and DENIED WITHOUT PREJUDICE IN PART and GRANTED IN PART. IT IS FURTHER ORDERED that the motion is granted as to Plaintiff's request for punitive damages, if Plaintiff is in fact pursuing such damages, pursuant to the FMLA and Louisiana state law. IT IS FURTHER ORDERED that the motion is denied as moot as to Plaintiffs claims against Defendants Family Medical and Dr. Duet pursuant to the ADA and Plaintiff's pattern or practice claims. IT IS FURTHER ORDERED that the motion is denied without prejudice as to Plaintiff's claims against Family Medical and Duet pursuant to the FMLA. IT IS FURTHER ORDERED that Plai ntiff is granted leave to amend his complaint by April 19, 2017. If Plaintiff is unable to cure the deficiencies in the complaint by that time, upon motion by a party, the Court will dismiss Plaintiff's claims pursuant to the FMLA against Family Medical and Dr. Duet. Signed by Judge Nannette Jolivette Brown on 3/23/2017. (mmv)

Date Filed

Document Text

March 23, 2017

Filing 22 ORDER: IT IS HEREBY ORDERED that Defendants' 9 Rule 12(b)(6) Partial Motion to Dismiss is DENIED AS MOOT IN PART and DENIED WITHOUT PREJUDICE IN PART and GRANTED IN PART. IT IS FURTHER ORDERED that the motion is granted as to Plaintiff's request for punitive damages, if Plaintiff is in fact pursuing such damages, pursuant to the FMLA and Louisiana state law. IT IS FURTHER ORDERED that the motion is denied as moot as to Plaintiffs claims against Defendants Family Medical and Dr. Duet pursuant to the ADA and Plaintiff's pattern or practice claims. IT IS FURTHER ORDERED that the motion is denied without prejudice as to Plaintiff's claims against Family Medical and Duet pursuant to the FMLA. IT IS FURTHER ORDERED that Plai ntiff is granted leave to amend his complaint by April 19, 2017. If Plaintiff is unable to cure the deficiencies in the complaint by that time, upon motion by a party, the Court will dismiss Plaintiff's claims pursuant to the FMLA against Family Medical and Dr. Duet. Signed by Judge Nannette Jolivette Brown on 3/23/2017. (mmv)

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Plaintiff: Mark Breaux
Represented By:	Chad A. Danenhower
Represented By:	Dale Edward Williams
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Defendant: Bollinger Shipyards, LLC
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Defendant: Family Medical Services LLC
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Defendant: Darren Duet
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