Legeaux et al v. Borg-Warner Corporation et al, No. 2:2016cv13773 - Document 119 (E.D. La. 2017)

Court Description: ORDER AND REASONS granting 92 MOTION for Partial Dismissal; all of plaintiffs' claims against BorgWarner for pre-death loss of consortium, market share liability, enterprise liability, concert of action, punitive damages, and attorneys' fees are DISMISSED WITH PREJUDICE. Signed by Judge Lance M Africk on 2/8/2017.(blg)

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Legeaux et al v. Borg-Warner Corporation et al Doc. 119 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA NOLAN LEGEAUX ET AL. VERSUS CIVIL ACTION No. 16-13773 BORG-WARNER CORPORATION ET AL. SECTION I ORDER AND REASONS Defendant BorgWarner Morse TEC LLC has filed a motion 1 for partial dismissal pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. BorgWarner asks the Court to dismiss the plaintiffs’ claims for pre-death loss of consortium, punitive damages, and attorney’s fees, and to dismiss any claims asserted under the theories of market share liability, enterprise liability, and/or concert of actions. The motion is substantively identical to a previous motion to dismiss filed by defendant Huntington Ingalls, Inc. which was granted by the Court. Although BorgWarner’s motion was filed as an opposed motion, as with Huntington Ingalls’s motion the plaintiffs have not filed an opposition. Further, plaintiffs failed to file anything into the record with respect to this motion notwithstanding that the Court’s law clerk left a voicemail on plaintiffs’ counsel’s machine directing him to either file an opposition to the motion or a statement of no opposition. 1 R. Doc. No. 92. Dockets.Justia.com Plaintiff’s counsel’s conduct has delayed the disposition of this matter and increased costs for all parties. It has also resulted in this case consuming a disproportionate amount of the Court’s time. Accordingly, in order to deter further non-compliance with deadlines, the Federal Rules of Civil Procedure, and the local rules, as well as to “secure the just, speedy, and inexpensive determination” of this action, Fed. R. Civ. P. 1, plaintiffs’ counsel are CAUTIONED that a further disregard for deadlines and Court directives may result in sanctions or other reprimands. See, e.g., Fed. R. Civ. P. 16; Fed. R. Civ. P. 37. For the reasons set forth in this Court’s previous order and reasons, 2 IT IS ORDERED that the motion for partial dismissal is GRANTED and that all of plaintiffs’ claims against BorgWarner for pre-death loss of consortium, market share liability, enterprise liability, concert of action, punitive damages, and attorneys’ fees are DISMISSED WITH PREJUDICE. New Orleans, Louisiana, February 8, 2017. _______________________________________ LANCE M. AFRICK UNITED STATES DISTRICT JUDGE 2 R. Doc. No. 79. 2

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