Bourgeois v. Huntington Ingalls Incorporated et al, No. 2:2020cv01002 - Document 61 (E.D. La. 2020)

Court Description: ORDER AND REASONS: ORDERED that the Avondale's 56 motion for summary judgment is GRANTED, and to the extent they are alleged, Bourgeois's post-1975 and 1976 exposure claims are DISMISSED WITH PREJUDICE. Signed by Judge Barry W Ashe on 6/29/2020. (clc)

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Bourgeois v. Huntington Ingalls Incorporated et al Doc. 61 Case 2:20-cv-01002-BWA-JVM Document 61 Filed 06/29/20 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROBERT BOURGEOIS, II CIVIL ACTION VERSUS NO. 20-1002 HUNTINGTON INGALLS INC., ET AL. SECTION M (1) ORDER & REASONS Before the Court is a motion by defendants Huntington Ingalls Inc.1 and Albert L. Bossier, Jr.2 (collectively, “Avondale”) for summary judgment on any claims alleged by plaintiff Robert Bourgeois, II regarding asbestos exposure at Avondale’s shipyard that occurred after September 1, 1975 (as to Avondale) and October 1, 1976 (as to Bossier).3 Avondale argues that such claims are prohibited by workers’ compensation laws.4 In response, Bourgeois states that the claims against Avondale in his complaint are limited to asbestos exposure in 1973 and 1974, and thus, he has no substantive opposition to the motion because he does not raise the claims on which Avondale seeks summary judgment.5 Accordingly, for the foregoing reasons, IT IS ORDERED that the Avondale’s motion for summary judgment (R. Doc. 56) is GRANTED, and to the extent they are alleged, Bourgeois’s post-1975 and 1976 exposure claims are DISMISSED WITH PREJUDICE. 1 Huntington Ingalls Inc. has had several past names including Northrup Grumman Shipbuilding, Inc., Northrop Grumman Ship Systems, Inc., Avondale Industries, Inc., Avondale Shipyards, Inc., and Avondale Marine Ways, Inc. R. Docs. 1-2 at 1; 56-2 at 1. 2 Bossier was an executive officer of Huntington Ingalls. R. Doc. 1-2 at 1. 3 R. Doc. 56. 4 R. Doc. 56-1. 5 R. Doc. 58. Dockets.Justia.com Case 2:20-cv-01002-BWA-JVM Document 61 Filed 06/29/20 Page 2 of 2 New Orleans, Louisiana, this 29th day of June, 2020. ________________________________ BARRY W. ASHE UNITED STATES DISTRICT JUDGE 2

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