Crowe v. Marquette Transportation Company Gulf-Inland, LLC, No. 2:2014cv01130 - Document 90 (E.D. La. 2015)

Court Description: ORDER and REASONS - Having carefully reviewed Defendant's "Motion for Review of Objections to Magistrate's Order and Reasons Denying Motion for Leave to File Counterclaim" (Rec. Doc. 58), IT IS ORDERED that the motion is GRANTED s uch that the Magistrate Judge's March 10, 2015 Order and Reasons (Rec. Doc. 54) is set aside. IT IS FURTHER ORDERED that Defendant's "Motion for Leave to File Counterclaim" (Rec. Doc. 35) is GRANTED, as stated within document. Signed by Judge Kurt D. Engelhardt on 5/8/2015. (NEF: MAG-5) (cbs)

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Crowe v. Marquette Transportation Company Gulf-Inland, LLC Doc. 90 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA BRANNON CROWE CIVIL ACTION VERSUS NO. 14-1130 MARQUETTE TRANSPORTATION COMPANY GULF-INLAND, LLC SECTION "N" (5) ORDER AND REASONS Having carefully reviewed Defendant's "Motion for Review of Objections to Magistrate's Order and Reasons Denying Motion for Leave to File Counterclaim" (Rec. Doc. 58), IT IS ORDERED that the motion is GRANTED such that the Magistrate Judge's March 10, 2015 Order and Reasons (Rec. Doc. 54) is set aside. Although certainly a close call, the Court finds Boudreaux v. Transocean Deepwater, Inc., 721 F.3d 723 (5th Cir. 2013), cert. denied, 134 S. Ct. 1001 (2014), sufficiently distinguishable to warrant allowing Defendant to assert its fraud counterclaim. Specifically, the plaintiff in Boudreaux undisputedly suffered an injury during the course and scope of his employment. Here, however, Defendant contends that Plaintiff never suffered an injury while at work. Rather, Defendant maintains that Plaintiff's injury occurred off-duty while he was fishing. Additionally, the 1 Dockets.Justia.com May 4, 2015 trial date has been continued until August 24, 2015, such that timeliness is not an issue. See Rec. Doc. 80. Accordingly, IT IS FURTHER ORDERED that Defendant's "Motion for Leave to File Counterclaim" (Rec. Doc. 35) is GRANTED. New Orleans, Louisiana, this 8th day of May 2015. ___________________________________ KURT D. ENGELHARDT UNITED STATES DISTRICT JUDGE Clerk to Copy: Magistrate Judge North 2

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