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Jefferson Parish Consol. Garbage Dist. No. 1 v. Waste Mgmt.

Jefferson Parish Consol. Garbage Dist. No. 1 v. Waste Mgmt.

United States District Court for the Eastern District of Louisiana

April 26, 2010, Decided; April 28, 2010, Filed

CIVIL ACTION NO. 09-6270 SECTION "B"(4)

Opinion

ORDER AND REASONS

Before the Court is Plaintiffs' Motion to Remand (Rec. Doc. No. 9), Defendants' joint opposition thereto (Rec. Doc. No. 35), and Plaintiffs' reply (Rec. Doc. No. 55). Each Defendant has also filed a Rule 12 (b) (6) Motion to Dismiss, Rule 12 (f) Motion to Strike  [*2] and Rule 12 (e) Motion for More Definite Statement (Rec. Doc. Nos. 13, 14, and 16), which are opposed by Plaintiffs (Rec. Doc. No. 37); each Defendant also filed a reply (Rec. Doc. Nos. 57, 58, and 59), and Waste Management filed a supplement to its reply (Rec. Doc. No. 62). Considering the motions, responses, oral argument heard in open court, applicable law, and for the reasons that follow,

IT IS ORDERED that Plaintiffs' Motion to Remand (Rec. Doc. No. 9) is DENIED.

IT IS FURTHER ORDERED that Defendants' Motions to Dismiss, to Strike, and for a More Definite Statement (Rec. Doc. Nos. 13, 14, and 16) are GRANTED IN PART and DENIED IN PART. Dismissal under Rule 12(b)(6) is GRANTED for all claims against Evergreen and Travelers (Rec. Doc. Nos. 14 and 16), and those parties are hereby DISMISSED WITH PREJUDICE from this action. Waste Management's Motion for a More Definite Statement under Rule 12 (e) (Rec. Doc. No. 13) is DENIED as to the claim regarding excessive tipping fees under the Landfill Contract. Waste Management's Motion to Strike (Rec. Doc. No. 13) is GRANTED as to the claim regarding future termination of the Landfill Contract, and that claim is hereby STRICKEN from Plaintiffs'  [*3] pleadings under Rule 12(f). Waste Management's Rule 12 motions (Rec. Doc. No. 13) are DENIED as to Plaintiffs' allegations regarding final cover under the Landfill Contract and as to Plaintiffs' claims for stipulated damages for breach of the Collection Contract both before and after Hurricane Katrina.

BACKGROUND

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2010 U.S. Dist. LEXIS 49869 *; 2010 WL 1731204

JEFFERSON PARISH CONSOLIDATED GARBAGE DISTRICT NO. 1, ET AL. VERSUS WASTE MANAGEMENT OF LOUISIANA, L.L.C., ET AL.

Subsequent History: Motion granted by Jefferson Parish Consol. Garbage Dist. No. 1 ex rel. The Jefferson Parish Council v. Waste Mgmt. of La., 2011 U.S. Dist. LEXIS 171016 (E.D. La., Feb. 23, 2011)

Motion granted by Jefferson Parish Consol. Garbage Dist. No. 1 v. Waste Mgmt. of La., L.L.C., 2011 U.S. Dist. LEXIS 40155 (E.D. La., Apr. 1, 2011)

Related proceeding at Waste Mgmt. of La., LLC v. River Birch, Inc., 2012 U.S. Dist. LEXIS 18544 (E.D. La., Feb. 15, 2012)

CORE TERMS

Collection, Landfill, removal, performance bond, motion to dismiss, waived, allegations, pleadings, definite statement, stipulated damages, forum-selection, contracts, district court, parties, tipping, diversity jurisdiction, state court, Obligations, combining, discovery, breached, motions, partial, rights, surety, venue