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16-10171 - Louisiana Oystermen Association, Inc. v. Hilcorp Energy Company


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16-10171 - Louisiana Oystermen Association, Inc. v. Hilcorp Energy Company
January 30, 2017
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ORDER: IT IS ORDERED that the Rule 12(b)(1) Motion is DENIED as the Court finds the allegations of continuing and intermittent violations are made in good faith. IT IS FURTHER ORDERED that the 10 Rule 12(b)(6) Motion is GRANTED IN PART AND DENIED IN PART. The Motion is granted to the extent that the Association claims an ongoing violation, and it is denied to the extent the Association claims intermittent violations. IT IS FINALLY ORDERED that Hilcorp's request to stay the litigation for 90 days is DENIED, as a stay would appear to be unprecedented, and unnecessary under the circumstances. Signed by Chief Judge Kurt D. Engelhardt on 1/30/2017. (mmv)