Aucoin et al v. Exxon Mobil Corporation et al, No. 2:2009cv03690 - Document 279 (E.D. La. 2012)
Court Description: ORDER AND REASONS granting 199 , 200 , 201 , 204 , 208 , 210 , 211 , 212 , 213 Motions for Partial Summary Judgment. Signed by Judge Kurt D. Engelhardt on 9/26/2012. (mmm)
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Aucoin et al v. Exxon Mobil Corporation et al Doc. 279 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA CHERYL AUCOIN, ET AL CIVIL ACTION VERSUS NO. 09-3690 EXXON MOBIL CORP., ET AL SECTION “N” (5) ORDER AND REASONS Presently before the Court are several motions for partial judgment, filed by Defendants, seeking dismissal of Plaintiffs’ survival action claims based on untimeliness. See Rec. Docs. 199, 200, 201, 204, 208, 210, 211, 212, and 213. Specifically, all of the survival actions at issue were instituted more than one year after the death of the decedents. On that basis, Defendants urge that the actions are time-barred based on the notion that the one-year period applicable to survival actions, as set forth in Louisiana Civil Code article 2315.1, is peremptive, rather than prescriptive, such that it is not subject to interruption or suspension, particularly including contra non valentum. On the showing made, and for essentially the reasons set forth in Barber v. Employers Ins. Co. of Wausau, – So.3d –, 2012 WL 2454956, *4-5, 8-11 (La. App. 1 Cir. 6/28/12) and Winningkoff v. American Cynamid, Civil Action No. 99-3077, 2000 WL 235648, *7 and n. 20 (E.D. La.3/1/00)(McNamara, J.), IT IS ORDERED that the motions are GRANTED and that Plaintiffs’ survival action claims, asserted pursuant to Louisiana Civil Code article 2315.1, are DISMISSED WITH PREJUDICE. New Orleans, Louisiana, this 26th day of September 2012. _________________________________ KURT D. ENGELHARDT United States District Judge Dockets.Justia.com
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