Levet et al v. Exxon Mobil Corp et al
| Emile Levet, Jr, Roger Moore and Julie Peltier Moore |
| Exxon Mobil Corp and 2 H Inc |
| 6:2015cv02069 |
| July 17, 2015 |
| US District Court for the Western District of Louisiana |
| Lafayette Office |
| St. Mary |
| Rebecca F Doherty |
| C Michael Hill |
| Torts to Land |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
17
JUDGMENT ADOPTING re 16 Report and Recommendations. Accordingly, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Exxon Mobil Corporation's 8 Motion to Dismiss is GRANTED IN PART AND DENIED IN PART as follows: IT IS ORDERED that the Moti on to Dismiss plaintiffs' claims for fraud and misrepresentation is hereby treated as a motion for more definite statement, and that plaintiffs are allowed leave to amend their complaint within fifteen (15) days regarding these claims; IT IS FUR THER ORDERED that the Motion to Dismiss is GRANTED as to plaintiffs' claims for continuing trespass, continuing nuisance, premises liability under LA. CIV. CODE articles 2317 and 2322, breach of express lease terms, and claims under LA. CIV. COD E article 576 and 577, and these claims are hereby DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that plaintiffs' claims for punitive damages, continuing tort, rent under LA. CIV. CODE 2683(1), damages based upon LA. CIV. CODE art 486 for civil fruits, and unjust enrichment, are DISMISSED WITH PREJUDICE. Signed by Judge Rebecca F Doherty on 1/7/16. (crt,Guidry, C)
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