Ivy v. Tran et al, No. 2:2020cv01475 - Document 52 (E.D. La. 2021)
Court Description: ORDER AND REASONS: IT IS ORDERED that the defendants' 47 motion to modify, reconsider, or vacate the order deeming admissions is DENIED AS MOOT. IT IS FURTHER ORDERED that the defendants' 38 motion to strike plaintiffs first amended complaint is DENIED, as stated herein. Signed by Judge Ivan L.R. Lemelle on 7/29/2021. (pp)
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Ivy v. Tran et al Doc. 52 Case 2:20-cv-01475-ILRL-KWR Document 52 Filed 07/30/21 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA RUSS IVY CIVIL ACTION VERSUS NO. 20-1475 JADE TRAN, ET AL. SECTION: “B”(4) ORDER & REASONS Before the Court are defendants Jade Tran and XL REI LLC’s motions to modify, reconsider, or vacate order deeming admissions (Rec. Docs. 47, 48) and to strike first amended complaint (Rec. Doc. 38, 41). Accordingly, IT IS ORDERED that the defendants’ motion to modify, reconsider, or vacate the order deeming admissions is DENIED AS MOOT. After this Court issued its order affirming the Magistrate Judge’s Order on April 9, 2021, Rec. Doc. 43, the Magistrate Judge issued an order granting defendants’ motion to undeem deemed admissions. Rec. Doc. 46. Therefore, defendants have received the relief sought in their motion and thus the motion is moot. IT IS FURTHER ORDERED that the defendants’ motion to strike plaintiff’s first amended complaint is DENIED. This Court ordered plaintiff unwarranted “to reconsider duplication of his complaint claims and/or in order damages,” to and avoid that “[t]his can be done by either stipulated partial dismissal or amendment of the complaint within fifteen (15) days.” Rec. Doc. 24 at 10. Plaintiff amended his complaint clarifying “these theories of liability are pled in the alternative … To the extent that Dockets.Justia.com Case 2:20-cv-01475-ILRL-KWR Document 52 Filed 07/30/21 Page 2 of 2 multiple theories are provided to the jury, the jury questionnaire will be crafted to ensure that no double recovery is allowed.” Rec. Doc. 28 at 12. Moreover, Plaintiff explained “regardless of how many theories of liability he has plead in the alternative, Plaintiff seeks only a single recovery of his damages.” Id. at 18. At this stage of litigation, plaintiff is allowed to explore alternative, mutually exclusive theories. See Fed. R. Civ. P. 8. Movant should have conserved limited resources in preparation for contemplated summary judgment strike plaintiff’s complaint when reasonably or limited supplement discretion his proceedings. this to complaint Court plaintiff would Further, already to to gave amend lead to a needless waste of time and limited resources for all stakeholders, including this court. New Orleans, Louisiana this 29th day of July, 2021 ___________________________________ SENIOR UNITED STATES DISTRICT JUDGE
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