Zummer v. Sallet et al
| Michael S. Zummer |
| Jeffery S. Sallet, Daniel Halphen Evans, Laura A. Bucheit, Brigette Class, Daniel Powers, Michelle Ann Jupina, David M. Hardy, Michael G. Seidel, Gregory A. Brower, Richard R. Brown, Valerie Parlave and Federal Bureau of Investigation |
| 2:2017cv07563 |
| August 7, 2017 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Orleans |
| Carl Barbier |
| Joseph C. Wilkinson |
| Federal Employers Liability |
| 05 U.S.C. ยง 702 |
| Plaintiff |
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Filing
90
ORDER denying 86 Motion for Reconsideration. For the foregoing reasons, Plaintiff's Motion for Reconsideration (Rec. Doc. 86), is hereby DENIED with regards to reinstatement of any of Plaintiff's previously dismissed claims. IT IS OR DERED that the Court's prior dismissal of Plaintiff's Count Two claim against defendants Hardy, Jupina, and Rees in their individual capacities is AMENDED, insofar as Plaintiff's claims are hereby dismissed pursuant to Rule 12(b)(6) instead of 12(b)(1). IT IS FURTHER ORDERED Plaintiff's Count Two claim against defendants Hardy, Jupina, and Rees in their individual capacities be dismissed with prejudice, as the Court finds Plaintiff's claims cannot be cured with amendment. Signed by Judge Carl Barbier on 10/18/2019. (cg)
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Filing
83
ORDER AND REASONS regarding 63 Motion to Dismiss for Lack of Jurisdiction and 64 Motion to Dismiss for Failure to State a Claim. As stated herein, Accordingly, Defendants' Motion to Dismiss for Individual Capacity Defendants (Rec. Doc. 64 ) is hereby GRANTED. It is further ordered that Defendants' Motion to Dismiss for Official Capacity Defendants (Rec. Doc. 63) is hereby GRANTED with regards Count One. Defendant's Motion to Dismiss for Official Capacity Defendants is DENIED with regards to Count Two. Signed by Judge Carl Barbier on 9/5/2019. (cg)
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