Hebert v. Republic Services Alliance Group Inc et al

Docket(#19) JUDGMENT adopting #17 Report and Recommendations. IT IS ORDERED, ADJUDGED, AND DECREED that, consistent with the Report and Recommendation, Defendants Motion to Dismiss, Rec. Doc. #6 should be GRANTED IN PART, DENIED IN PART, AND DENIED IN PART WITHOUT PREJUDICE. Defendants Motion is GRANTED insofar as it seeks dismissal of Plaintiffs LUTPA, unjust enrichment, and defamation claims. Defendants Motion is DENIED insofar as it seeks dismissal under the LWPA. The Defendants Motion is DENIED WITHOUT PREJUDICE insofar as it seeks dismissal of Plaintiffs claims for declaratory relief (regarding nullity of the Severance Agreement) and for breach of contract. Defendants Motion is DENIED WITHOUT PREJUDICE insofar as it seeks dismissal of Plaintiffs claims against Sytsma. IT IS FURTHER ORDERED that Plaintiff shall have fifteen (15) days from entry of this judgment to amend her Petition in order to state claims for declaratory relief regarding nullification of the Severance Agreement and breach of contract. Signed by Judge Michael J Juneau on 7/8/2020. (crt,Guidry, C) (Entered: 07/08/2020)

DocketSet/Reset Deadlines as to #17 REPORT AND RECOMMENDATIONS. Motion Ripe Deadline set for 7/8/2020. (crt,Dunford, T) (Entered: 07/08/2020)

Docket(#18) ELECTRONIC ORDER - A Report and Recommendation having been issued regarding Defendants' Motion to Dismiss (Rec. Doc. 6), the hearing set for July 16, 2020 is hereby CANCELLED. Signed by Magistrate Judge Patrick J Hanna on 6/24/2020. (crt,Coreil, H) (Entered: 06/24/2020)

Docket(#17) REPORT AND RECOMMENDATIONS re #6 MOTION to Dismiss for Failure to State a Claim filed by Republic Services Alliance Group Inc, B F I Waste Services L L C. Considering the evidence, the law, and the arguments of the parties, and for the reasons explained herein, the Court recommends that Republic's Motion be GRANTED IN PART, DENIED IN PART, AND DENIED IN PART WITHOUT PREJUDICE to Defendants right to re-urge the Motion after an opportunity for Plaintiff to amend as outlined herein. Objections to R&R due by 7/7/2020. Signed by Magistrate Judge Patrick J Hanna on 6/23/2020. (crt,Alexander, E) (Entered: 06/23/2020)

Docket(#16) REPLY to Response to Motion re #6 MOTION to Dismiss for Failure to State a Claim filed by B F I Waste Services L L C, Republic Services Alliance Group Inc. (aty,Griffitts, Ryan) (Entered: 06/18/2020)

Docket(#15) ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1332. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Patrick J Hanna on 6/17/2020. (crt,Coreil, H) (Entered: 06/17/2020)

Docket(#14) MEMORANDUM in Opposition re #6 MOTION to Dismiss for Failure to State a Claim filed by Nicole Hebert. (aty,Moroux, Gregory) (Entered: 06/12/2020)

Docket(#13) ORDER granting #10 Motion to Appear Pro Hac Vice for appearance of Owen T Hill for B F I Waste Services L L C and Republic Services Alliance Group Inc. Signed by Magistrate Judge Patrick J Hanna on 6/4/2020. (crt,Alexander, E) (Entered: 06/04/2020)

Docket(#12) ORDER granting #9 Motion to Appear Pro Hac Vice for appearance of Philip L Lu for B F I Waste Services L L C and Republic Services Alliance Group Inc. Signed by Magistrate Judge Patrick J Hanna on 6/4/2020. (crt,Alexander, E) (Entered: 06/04/2020)

Docket(#11) RESPONSE TO REMOVAL ORDER by B F I Waste Services L L C, Republic Services Alliance Group Inc . (Attachments: #1 Exhibit A)(aty,Griffitts, Ryan) (Entered: 06/04/2020)

Docket(#7) NOTICE of Motion Setting with oral argument regarding: #6 MOTION to Dismiss for Failure to State a Claim. Motions referred to Magistrate Judge Patrick J Hanna. Motion day set for 7/9/2020 09:30 AM in Lafayette, Courtroom 7 before Magistrate Judge Patrick J Hanna. (crt,Dauterive, C) (Entered: 05/26/2020)

Docket(#6) MOTION to Dismiss for Failure to State a Claim by B F I Waste Services L L C, Republic Services Alliance Group Inc. Motions referred to Patrick J Hanna. (Attachments: #1 Memorandum / Brief in Support of Motion to Dismiss, #2 Proposed order Granting Motion to Dismiss)(aty,Griffitts, Ryan) Modified on 5/26/2020 to correct motion event (Dauterive, C). (Entered: 05/22/2020)

Docket(#5) CIVIL COVER SHEET by B F I Waste Services L L C, Republic Services Alliance Group Inc, Steve Sytsma. (aty,Halverson, Andrew) (Entered: 05/19/2020)

Docket(#4) REMOVAL ORDER regarding state court documents, pending motions, registry funds, and admission status of counsel. Signed by Magistrate Judge Patrick J Hanna on 5/19/2020. (crt,Alexander, E) (Entered: 05/19/2020)

Docket(#3) PROPOSED REMOVAL ORDER Referred to Magistrate Judge Patrick J Hanna. Motion Ripe Deadline set for 5/18/2020. (crt,Mitchell, P) (Entered: 05/18/2020)

DocketCASE Assigned to Judge Michael J Juneau and Magistrate Judge Patrick J Hanna. (crt,Mitchell, P) (Entered: 05/18/2020)

DocketCONSENT TO REMOVAL by Steve Sytsma. ADMINISTRATIVE ENTRY: There is no PDF image with this entry. The PDF image can be found in Attachment #1 to Document #1 , Notice of Removal. (crt,Mitchell, P) (Entered: 05/18/2020)

DocketSTATE COURT Service Returned Executed. B F I Waste Services L L C answer due 5/22/2020; Republic Services Alliance Group Inc answer due 5/22/2020. ADMINISTRATIVE ENTRY: There is no PDF image with this entry. The PDF image can be found in Attachment #1 to Document #1 , Notice of Removal. (crt,Mitchell, P) (Entered: 05/18/2020)

Docket(#2) CORPORATE DISCLOSURE STATEMENT by BFI Waste Services, LLC, Republic Services Alliance Group, Inc. identifying Corporate Parent Republic Services Inc, Corporate Parent Allied Waste North America L L C, Corporate Parent Allied Waste Industries L L C for BFI Waste Services, LLC. (aty,Halverson, Andrew) (Entered: 05/15/2020)

Docket(#1) NOTICE of Removal from 15th JDC Lafayette, Case Number 20201845 (Filing fee $400, receipt number ALAWDC-4264935) filed by Republic Services Alliance Group, Inc., BFI Waste Services, LLC. (Attachments: #1 Exhibit 1-11)(Attorney Andrew John Halverson added to party BFI Waste Services, LLC(pty:dft), Attorney Andrew John Halverson added to party Republic Services Alliance Group, Inc.(pty:dft))(aty,Halverson, Andrew) (Entered: 05/15/2020)