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Motor Vehicle | Louisiana Middle
Order on Motion for Leave to File
ORDER: Before the Court is the 42 Motion for Leave to File Memorandum of Supplemental Authority ("Motion"), filed by Defendant TDW (US), Inc. The Motion seeks leave to file a recently issued Report and Recommendation ("R&R") from another division of this Court in Babin v. Formosa Plastics Corp., et al., No. 25-1134-BAJ-RLB,(M.D. La. Aug. 4, 2026), R. Doc. 31. Babin involves, among other claims, a negligence claim asserted against a non-diverse co-worker of the plaintiff, who was injured in an industrial accident. The R&R found that the co-worker and the plaintiff shared the same employer and the incident underlying the plaintiff's injuries occurred while both were in the course and scope of their employment, such that the plaintiff cannot establish a negligence claim against the co-employee under Canter v. Koehring, Co., 283 So.2d 716 (La. 1973), because it is precluded by workers compensation exclusivity, see La. R.S. 23:1032 and R. Doc. 42-2. As the R&R was recently issued and is germane to a negligence claim Plaintiffs Aubrey and Kristin Mitchell assert in this case against non-diverse defendant, Eric Vice, co-worker of Plaintiff Aubrey Mithcell, which is currently at issue in the remand papers, see R. Docs. 38-39, the 42 Motion is GRANTED IN PART, permitting the filing of the R&R, ONLY. The Clerk of Court is directed to docket the R&R at R. Doc. 42-2 into the record of this matter. The Motion is DENIED in all other respects, including the request to file a supplemental memorandum, which is not necessary. Signed by Magistrate Judge Erin Wilder-Doomes on 8/13/2026. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
Leave to File Document
MOTION for Leave to File Memorandum of Supplemental Authority in support of its 39 Opposition to Plaintiffs 38 Renewed Motion to Remand by TDW (US), Inc. (Attachments: # 1 Proposed Pleading; Memo of Supplemental Authority, # 2 Exhibit A to Memo of Supplemental Authority, # 3 Proposed Order)(Mince, Loretta) Modified on 8/12/2026 to create motion linkage (ELW).
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