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16-2331 - Breaux v. Bollinger Shipyards LLC et al


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16-2331 - Breaux v. Bollinger Shipyards LLC et al
March 23, 2017
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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 Plaintiff 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)