Menard v. LLOG Exploration Co.

259 F. Supp. 3d 475
CourtDistrict Court, E.D. Louisiana
DecidedApril 10, 2017
DocketCIVIL ACTION NO. 16-498
StatusPublished
Cited by4 cases

This text of 259 F. Supp. 3d 475 (Menard v. LLOG Exploration Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Menard v. LLOG Exploration Co., 259 F. Supp. 3d 475 (E.D. La. 2017).

Opinion

SECTION “R” (3)

ORDER AND REASONS

SARAH S. VANCE, UNITED STATES DISTRICT JUDGE

Defendants LLOG Exploration Company, LLC; LLOG Exploration Offshore, LLC; and LLOG Exploration & Production Company, LLC (collectively, “LLOG”) move for summary judgment on plaintiff Corey Menard’s claims.1 For the following reasons, the Court grants LLOG’s motion.

I. BACKGROUND

In early 2015, plaintiff Corey Menard was employed as a senior field technician by Gly-Tech Services, and was assigned to work offshore on LLOG’s Delta House Floating Production System, a semi-submersible oil-exploration platform in the Mississippi Canyon.2 On or about January 22, 2015, plaintiff was aboard the MTV ARABIAN, a support vessel adjacent to the Delta House. According to plaintiff, because of high winds and rough seas, the MW ARABIAN was moving back into shallow waters to give the crew a break from the extreme conditions.3 Plaintiff alleges that before the MW ARABIAN [478]*478moved, LLOG required plaintiff to go from the M/V ARABIAN to the Delta House via a personnel basket transfer to collect belongings left on the Delta House.4 Plaintiff further alleges that during his attempted transfer; the extremely rough seas caused the personnel basket to abruptly thrust upward and slam plaintiff, severely injuring his lower back.5

On January 20, 2016, plaintiff sued Grand Isle Shipyard, Gibson Applied Technology, and LLOG, alleging that their negligence caused his injury.6 Plaintiff amended his complaint on June 28, 2016, and added Adriatic Marine, LLC, the owner and operator of the M/V ARABIAN, and Wood Group Production Services, Inc. (Wood Group), the entity responsible for operations on the Delta House, as defendants.7 Plaintiff seeks a judgment of $3,000,000, punitive damages, attorneys’ fees, and costs.8

LLOG now moves for summary judgment on plaintiffs negligence claims, arguing that there is no evidence of negligence attributable to any of the LLOG entities that caused or contributed to plaintiffs alleged injuries, and that as a matter of law LLOG is not liable for any negligent acts by the other defendants.9 Plaintiff filed a response in opposition,10 and also separately moved the Court to delay or defer consideration of LLOG’s motion so that plaintiff can obtain additional discovery.11 LLOG replied,12 and filed an opposition to plaintiffs request to delay consideration of its summary judgment motion.13

II. LEGAL STANDARD

Summary judgment is warranted when “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994). When assessing whether a dispute as to any material fact exists, the Court considers “all of the evidence in the record but refrain[s] from making credibility determinations or weighing the evidence.” Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co., 530 F.3d 395, 398-99 (5th Cir. 2008). All reasonable inferences are drawn in favor of the nonmoving party, but “unsupported allegations or affidavits setting forth ‘ultimate or conclusory facts and conclusions of law* are insufficient to either support or defeat a motion for summary judgment.” Galindo v. Precision Am. Corp., 754 F.2d 1212, 1216 (5th Cir. 1985); see also Little, 37 F.3d at 1075. “No genuine dispute of fact exists if the record taken as a whole could not lead a rational trier of fact to find for the non-moving party.” EEOC v. Simbaki, Ltd., 767 F.3d 475, 481 (5th Cir. 2014).

If the dispositive issue is one on which the moving party will bear the burden of proof at trial, the moving party “must come forward with evidence which would entitle it to a directed verdict if the evidence went uncontroverted at trial.” Int’l Shortstop, Inc. v. Rally’s, Inc., 939 F.2d 1257, 1264-65 (5th Cir. 1991). The nonmov-[479]*479ing party can then defeat the motion by either countering with evidence sufficient to demonstrate the existence of a genuine dispute of material fact, or “showing that the moving party’s evidence is so. sheer that it may not persuade the reasonable fact-finder to return a verdict in favor of the moving party.” Id. at 1265.

If the dispositive issue is one on which the nonmoving party will bear the burden of proof at trial, the moving party may satisfy its burden by merely pointing out that the evidence in the record is insufficient with respect to an essential element of the nonmoving party’s claim. See Celotex, 477 U.S. at 325, 106 S.Ct. 2548. The burden then shifts to the nonmoving party, who must, by submitting or referring to evidence, set out specific facts showing that a genuine issue exists. See id. at 324, 106 S.Ct. 2548. The nonmovant may not rest upon the pleadings, but must identify specific facts that establish a genuine issue for trial. See, e.g., id.; Little, 37 F.3d at 1075 (“Rule 56 mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s ease, and oh which that party will bear the burden of proof at trial.” (quoting Celotex, 477 U.S. at 322, 106 S.Ct. 2548)).

Federal Rule of Civil Procedure 56(d) governs requests for additional time for discovery before consideration of a pending motion for summary judgment. It permits a district court to deny or defer consideration of a motion for summary judgment, allow timé to take discovery, or “issue any other appropriate order” when “a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition.” Fed. R. Civ. P. 56(d). Nonetheless, the party seeking a continuance “may not simply rely on vague assertions that additional discovery will produce needed, but unspecified, facts.” Raby v. Livingston, 600 F.3d 552, 561 (5th Cir. 2010) (quoting SEC. & Exch. Comm’n v. Spence & Green Chem. Co., 612 F.2d 896, 901 (5th Cir. 1980)).

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Bluebook (online)
259 F. Supp. 3d 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/menard-v-llog-exploration-co-laed-2017.