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06-11229 - McLain et al v. Fluor Enterprises, Inc. et al


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06-11229 - McLain et al v. Fluor Enterprises, Inc. et al
July 29, 2013
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ORDER AND REASONS granting in part and denying in part 87 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 89 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 99 Motion to Dismiss - the United States shall file an objection or consent to dismissal without prejudice re Count V within 3 weeks of the date of this order. Signed by Judge Helen G. Berrigan on 07/29/2013. (Reference: 06-11229)(kac, )
September 3, 2013
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ORDER AND REASONS: Dismissing Count 3 of the Second Amended Complaint against Shaw Group, Inc. and Shaw Environmental, Inc., without prejudice as to the United States; denying 69 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Helen G. Berrigan on 09/03/2013. (Reference: 09-4191)(kac, )
September 3, 2013
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ORDER AND REASONS denying 61 Motion to Dismiss for Lack of Jurisdiction; denying 76 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part 77 Motion to Dismiss for Failure to State a Claim - The Case shall be dismissed without prejudice as to the United States if Relators do not amend their complaint by September 10, 2013 to reveal the identity of all three of the plaintiffs. Signed by Judge Helen G. Berrigan on 09/03/2013. (Reference: 09-4191)(kac, )
November 12, 2013
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erica. Signed by Judge Helen G. Berrigan on 11/12/2013. (Reference: 09-4191)(kac, )ORDER AND REASONS granting in part and denying in part 216 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 220 Motion to Dismiss for Failure to State a Claim. FURTHER ORDERED that any causes, claims, or counts based on the defendants' allegedly false certification of compliance with Louisiana or local statutes or regulations governing liquified petroleum handling or installation are hereby DISMISSED against all defendants WITHOUT PREJUDICE to the United States of America. FURTHER ORDERED that the causes, claims, or subcounts contained in paragraph 65 of Count II of the Warders Fourth Amended Complaint are hereby DISMISSED against all defendants WITHOUT PREJUDICE to the United States of Am
November 12, 2013
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11/12/2013.(Reference: 09-4191)(kac, )ORDER AND REASONS denying 217 MOTION to Dismiss for Failure to State a Claim; denying 220 MOTION to Dismiss for Failure to State a Claim as to Count 2 of the Warder Relators' Fourth Amended Complaint. Signed by Judge Helen G. Berrigan on
November 12, 2013
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ORDER AND REASONS denying as moot 214 Motion to Strike ; denying as moot 219 Motion to Strike ; denying as moot 222 Motion to Strike. FURTHER ORDERED that Warder relators amend their Fourth Amended Complaint in light of the Court's orders dated September 3, 2013 and November 12, 2013. 203255. Signed by Judge Helen G. Berrigan on 11/12/2013. (Reference: 09-4191)(kac, )
May 6, 2014
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ORDER AND REASONS dismissing Count II of the Warder Relator's Fifth Amended Complaint without prejudice to refiling in any court of competent jurisdiction; granting 240 Motion to De-Consolidate,Sever or Bifurcate. The Court's order consolidating these matters is hereby VACATED; finding as moot 259 Motion to Dismiss Count II of Warder's 5th amended complaint; finding as moot 263 Motion to Dismiss; finding as moot 264 Motion to Dismiss. Signed by Judge Helen G. Berrigan on 05/06/2014. (Reference: 06-11229 and 09-04191)(kac)
November 13, 2014
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ORDER AND REASONS dismissing as moot 306 Motion to Dismiss for Failure to State a Claim; denying 309 Motion to Dismiss for Failure to State a Claim; denying 315 Motion to Strike; denying 317 Motion to Strike ; granting in part and denying in part 335 Motion for Summary Judgment; dismissing as moot 337 Motion to Amend/Correct; granting in part and denying in part 351 Motion for Summary Judgment; dismissing as moot 359 Motion to Strike. Relators shall file a second amended complaint within 30 days as set forth in document. Failure to comply with this order will result in involuntary dismissal of counts 1, 2 and 4. Signed by Judge Helen G. Berrigan on 11/13/2014. (kac)
September 11, 2015
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ORDER AND REASONS denying 380 Motion for Summary Judgment; granting in part and denying in part 383 Motion to Strike ; denying 385 Motion to Strike ; granting in part and denying in part 387 Motion to Dismiss for Failure to State a Claim; granting 388 Motion for Leave to File Second Amended Complaint; denying 390 Motion to Dismiss Case; denying 390 Motion to Strike ; granting in part and denying in part 393 Motion for Summary Judgment. Any causes, claims, or counts based on the nullity of defendants' subcontracts are DISMISSED against all defendants WITHOUT PREJUDICE to the United States of America. Relators' claims against CH2M Hill are DISMISSED WITHOUT PREJUDICE to the United States of America. Signed by Judge Helen G. Berrigan on 9/10/2015. (kac)
March 15, 2016
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ORDER & REASONS: ORDERED that Relators' Motion for Voluntary Dismissal of Pending Claims (Rec. Doc. 476) is GRANTED. Relators' remaining claims are DISMISSED with prejudice to Relators, but without prejudice to the United States. FURTHER ORDERED that Shaw's Motion to Dismiss Count 4 of Second Amended Complaint (Rec. Doc. 474) is DENIED as moot. FURTHER ORDERED that Shaw's Motion to Strike Relators' Untimely Opposition (Rec. Doc. 480) is DENIED as moot. FURTHER ORDERED that Fluor's Motion for Summary Judgment Seeking Dismissal of Counts 1 and 2 (Rec. Doc. 488) is DENIED as moot. FURTHER ORDERED that Shaw's Motion for Summary Judgment (Rec. Doc. 492) is DENIED as moot. Signed by Judge Carl Barbier on 3/15/16. (sek)