Maurer v. Town of Independence
Maurer v. Town of Independence
Opinion of the Court
AMENDED ORDER AND REASONS
This Court VACATES its Order and Reasons issued September 5, 2014
Two sets of defendants move to dismiss plaintiffs amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).
I, FACTUAL BACKGROUND
Plaintiff David Maurer is a former employee of the Independence Volunteer Fire Department. After he was terminated from his position as fire chief of the department, he brought section 1983 claims for procedural due process violations and state law claims for violations of Louisiana’s “Whistleblower Law” and defamation of character against thirteen defendants.
Plaintiffs complaint alleges the following facts.
A. Plaintiffs Appointment and Early Tenure as Fire Chief
Plaintiff began working as a firefighter for the Independence Fire Department (IFD) in October 2009.
After the municipality made this decision, Dennis Crocker, the fire chief of IFD,
Plaintiffs tenure as fire chief was marked by numerous clashes with Crock-er. One involved plaintiffs decision, made soon after his appointment, to “change[] the way fire trucks responded to emergency calls.”
On January 20, plaintiff learned that Crocker had been “undermining plaintiff as Fire Chief’ in conversations with other firefighters.
Crocker and plaintiff also butted heads when plaintiff discovered in January 2013 that Crocker had failed to pay several of the fire department’s bills during the last portion of his tenure as fire chief.
Yet another conflict arose between Crocker and plaintiff over plaintiffs refusal to hire Crocker’s son, Andrew, at IVFD.
Finally, Crocker and plaintiff clashed over plaintiffs part-time employment with Hammond Rural Fire Department. In late January, Crocker informed plaintiff that a complaint had been lodged against him.
Plaintiff also encountered conflicts with other town officials that stemmed from a dispute about “compensatory time” that plaintiff believed was owed to several firefighters. In January 2013, after plaintiff had officially assumed his duties as fire chief, he approached Mayor Ragusa about “unpaid compensatory time owed to the firefighters who were formerly employed by the Town of Independence.”
In May 2013, plaintiff decided not to invite Ragusa or the Independence Aider-men to IVFD’s annual “safety meeting/crawfish boil” because the firefighters were “upset with the Town officials about the compensatory time issue.”
B. TPD2’s Investigation and Plaintiffs Subsequent Termination
In June 2013, Crocker and Ragusa met in Ragusa’s office.
On July 1, 2013, Bruno and Crocker advised plaintiff of Ragusa’s letter and told him that TPD2 would investigate Ra-gusa’s allegations.
Crocker allegedly “made negative comments about plaintiff for others to hear” during the time he spent at the station conducting his investigation.
Several days into the investigation, Crocker came to the fire station unannounced and conducted an interview with plaintiff.
Plaintiff alleges that “[o]ther events occurred during Crocker’s investigation which indicated that [it] was not being conducted in a fair and impartial manner and that some of the information being provided to Crocker was false.”
On July 18, 2013, a TPD2 committee met with Independence officials to discuss
On July 25, the IVFD held a board meeting, and after the meeting the Board told plaintiff that he would be placed on administrative leave, with pay, pending the conclusion of the investigation.
Plaintiff complained to Muscarello that he had never had an opportunity to defend himself against Ragusa’s allegations before being placed on leave, but Muscarello declined to give plaintiff any details about the ongoing investigation.
According to the complaint, the IVFD Board never produced a written report of the results of the investigation that led to plaintiffs termination.
At that meeting, Speed stated that there was no report from the investigation, and that Ragusa’s allegations were not the reason for plaintiffs termination.
Plaintiff also alleges that Parrozzo made negative comments about him after his termination. Specifically, he alleges that Parrozzo “made the statement to others in the community that Parrozzo had denied plaintiffs unemployment claim,”
II. PROCEDURAL HISTORY
Plaintiffs original complaint asserted four causes of action based on the foregoing events.
On February 28, 2014, the Court granted two motions to dismiss, one filed by defendants IVFD, Baham, Anthony, Tallo, McKinney, and Parrozzo (the “IVFD defendants”),
The Court dismissed plaintiffs “stigma-plus-infringement” claim against the IVFD Defendants, Ragusa, and Independence, on the grounds that plaintiff had failed to allege the necessary elements of such a claim as to those defendants.
Plaintiff filed an amended complaint on March 18, 2014.
III. LEGAL STANDARD
To survive a Rule 12(b)(6) motion to dismiss, the plaintiff must plead enough facts to “state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A claim is facially plausible “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. A court must accept all well-pleaded facts as true and must draw all reasonable inferences in favor of the plaintiff. Lormand v. U.S. Unwired, Inc., 565 F.3d 228, 239 (5th Cir. 2009).
A legally sufficient complaint need not contain detailed factual allegations, but it must go beyond labels, legal conclusions,
IV. DISCUSSION
A. Procedural Due Process Claim
When confronted with a procedural due process claim, a court must determine, first, whether the plaintiff has a property or liberty interest that cannot be taken away without procedural protections; and second, if so, how much process is due. See Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 541, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985) (“[0]nce it is determined that the Due Process Clause applies, ‘the question remains what process is due.’ ” (quoting Morrissey v. Brewer, 408 U.S. 471, 481, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972))). Plaintiff contends that the Due Process Clause applies here for two reasons: first, because he had a property interest in his employment by reason of a state statute, the Louisiana Firefighter Bill of Rights; and second, because he is a classified civil service employee. The Court finds no merit in plaintiffs arguments that he has a property interest in his employment, and therefore holds that plaintiff has failed to show that he was entitled to any procedural protections before his termination.
1. Violation of the Firefighter Bill of Rights
The Louisiana Firefighter Bill of Rights mandates that certain “minimum standards” apply whenever a “fire employee”, is under investigation, La.Rev.Stat. § 33:2181(B), and provides that “[a]ny discipline, demotion, dismissal or adverse action of any sort taken against a fire employee without complete compliance with the provisions of [the statute] is an absolute nullity[.]” La.Rev.Stat. § 33:2181(C).
As the Court held in its earlier order granting certain defendants’ motions to dismiss, these provisions do not apply to plaintiff because he is not a “fire employee” within the meaning of the statute.
In his amended complaint, plaintiff seeks to remedy this deficiency and bring himself within the statute’s definition of a fire employee by alleging that although IVFD was his nominal employer, Tangipa-hoa Parish, acting “through its special district TFD2,” was his de facto employer as a result of the significant degree of control it exercised over the funding and personnel decisions of IVFD. Plaintiff cannot fi
When a federal court interprets a Louisiana statute, it must do so according to the principles of interpretation followed by Louisiana courts. Gen. Elec. Capital Corp. v. Se. Health Care, Inc., 950 F.2d 944, 950 (5th Cir. 1991). In Louisiana, the sources of law are legislation and custom. Shaw Constructors v. ICF Kaiser Eng’rs, Inc., 395 F.3d 533, 546 (5th Cir. 2004). These authoritative or primary sources of law are to be “contrasted with persuasive or secondary sources of law, such as [Louisiana and other civil law] jurisprudence, doctrine, conventional usages, and equity, that may guide the court in reaching a decision in the absence of legislation and custom.” Id. (quoting La. Civ. Code art. 1). In Louisiana, “courts must begin every legal analysis by examining primary sources of law: the State’s Constitution, codes, and statutes.” Id. (quoting Prytania Park Hotel, Ltd. v. General Star Indem. Co., 179 F.3d 169, 174 (5th Cir. 1999)). In addition, in Louisiana, “Laws on the same subject matter must be interpreted in reference to each other.” La. Civ.Code art. 13.
If the Louisiana Supreme Court has not ruled on an issue, then this Court must make an “Erie guess” and “determine as best it can” what the Louisiana Supreme Court would decide. Krieser v. Hobbs, 166 F.3d 736, 738 (5th Cir. 1999). To make an “Erie guess” on an issue of Louisiana law, the Court must “employ the appropriate Louisiana methodology” to decide the issue the way that it believes the Supreme Court of Louisiana would decide it. Shaw Constructors, 395 F.3d at 546 (quoting Lake Charles Diesel, Inc. v. Gen. Motors Corp., 328 F.3d 192, 197 (5th Cir. 2003)).
Therefore, the Court begins its analysis with the language of the statute. The Firefighter Bill of Rights provides a precise definition of “fire employee.” When, as here, the statute specifically defines the employer-employee relationship, the statute’s definition governs. See Dejoie v. Medley, 9 So.3d 826, 829-30 (La. 2009). Allowing an alternative definition, such as plaintiffs proposed de facto employer formula, to compete with the statutory definition would defeat the purpose of privileging the statutory text in the first place.
To meet the statute’s definition of a “fire employee,” two factors must be met. A person must be (1) “employed in the fire department of [a] municipality, parish, or fire protection district,” and (2) the employing municipality, parish or fire protection district must “maintain!] a full-time regularly paid fire department.” La. Rev Stat. 33:2181(A)(1). The first element, importantly, does not refer to employees of private nonprofit corporations. Therefore, under the plain terms of the statute, the Firefighter Bill of Rights does not apply to plaintiff.
The Court’s conclusion that the Firefighter Bill of Rights does not apply to plaintiff is buttressed by comparing La. Rev Stat. 33:2181 with La.Rev.Stat. §§ 33:1991 and 33:2002, which are also found in the Part of the Louisiana Revised Statutes entitled “Fire Department.” Section 33:1991 contains definitions for the Subpart on minimum wages and maximum hours for firefighters and provides as follows:
The word “fireman,” as used in this Subpart includes all persons employed or engaged full-time by municipalities or municipal fire departments, parishes or parish fire departments, or fire protection districts for firefighting or fire prevention duties and services, as well as*547 employees of nonprofit corporations under contract with a fire protection district or other political subdivision to provide such services, including operators of the fire-alarm system when such operators are members of the regularly constituted fire department. The word “fireman” does not include carpenters, storekeepers, machinists, clerks, building hazard and similar inspectors, physicians, or other non-firefighting employees detailed for such special duties, nor does the word “fireman,” except as otherwise provided in this Subsection, include employees of privately owned or operated firefighting or fire prevention services.
La.Rev.Stat. § 33:1991(A)(1) (emphasis added). Thus, the Louisiana legislature specifically included firefighters employed by nonprofit corporations that contract with political subdivisions to provide fire protection services in the definition of “fireman” in section 33:1991, but it did not specifically include such firefighters in the definition of “fire employee” in the Firefighter Bill of Rights.
Similarly, section 33:2002, which governs supplemental pay for employees of fire departments, specifies in four separate places that it applies to
any municipality, parish, fire protection district, or other political subdivision maintaining a fire department, or by the Chitimacha Tribe of Louisiana or the Coushatta Tribe of Louisiana, hereinafter referred to as “tribe”, or by any nonprofit corporation contracting with any such political subdivision to provide fire protection services.
La.Rev.Stat. § 33:2002 (emphasis added). Thus, the supplemental pay statute, unlike La.Rev.Stat. § 33:2181, makes clear that it is intended to apply to nonprofit corporations.
Comparing these two statutes with the text of La.Rev.Stat. 33:2181 demonstrates that the Louisiana legislature specifically included “employees of nonprofit corporations” and “nonprofit corporations” in those statutes that it intended to be applicable to nonprofit corporations. It follows that had the legislature intended for the Firefighter Bill of Rights to be applicable to employees of nonprofit corporations contracting to provide fire protection services, it would have specifically included them in the definition of “fire employee” provided in the statute.
West Virginia University Hospitals, Inc. v. Casey, 499 U.S. 83, 111 S.Ct. 1138, 113 L.Ed.2d 68 (1991), is instructive in this regard. There, the Supreme Court held that the term “attorney’s fees” in the fee-shifting provision of 42 U.S.C. § 1988 did not include expert witness fees because many other fee-shifting statutes explicitly allowed for shifting of both attorney’s fees and expert witness fees. Id. at 88-92, 111 S.Ct. 1138. The Court explained that “this statutory usage shows beyond question that attorney’s fees and expert fees are distinct items of expense. If ... the one includes the other, dozens of statutes referring to the two separately becomes an inexplicable exercise in redundancy.” Id. at 92, 111 S.Ct. 1138. So it is here as well. If a private corporation such as IVFD were considered to be the “fire department of a[ ] municipality, parish, or fire protection district” within the meaning of section 33:2181, there would have been no need for the Louisiana legislature to refer separately to “municipal fire departments, parishes or parish fire departments, or fire protection districts,” and to “nonprofit corporations under contract with a fire protection district or other political subdivision to provide [fire protection] services” in section 33:1991. Nor would there have been need for it to refer separately to “any municipality, parish, fire protection dis
Moreover, in making an Erie guess in the absence of a ruling from the state’s highest court, federal courts may look to the decisions of intermediate appellate state courts for guidance. See Howe ex rel. Howe v. Scottsdale Ins. Co., 204 F.3d 624, 627 (5th Cir. 2000) (citing Matheny v. Glen Falls Ins. Co., 152 F.3d 348, 354 (5th Cir. 1998)). Louisiana’s intermediate appellate court decisions provide “a datum for ascertaining state law which is not to be disregarded by a federal court unless it is convinced by other persuasive data that the highest court of the state would decide otherwise.” Id. (citing Labiche v. Legal Sec. Life Ins. Co., 31 F.3d 350, 351 (5th Cir. 1994)). At present, only the Louisiana Fifth Circuit Court of Appeal has decided the issue of whether employees of nonprofit corporations under contract with a fire protection district to provide fire protection services are “fire employees” within the meaning of the Firefighter Bill of Rights. That court held that they were not, employing a similar statutory analysis to the Court here. See Marks v. Third Dist. Volunteer Fire Dep’t, 131 So.3d 1099 (La.Ct.App. 2013).
In Marks, the plaintiff was employed by the Third District Volunteer Fire Department, a Louisiana non-profit corporation. 131 So.3d at 1100. The Third District was under contract with Fire Protection District No. 3 for Jefferson Parish to provide fire protection services for certain areas in the East Bank of Jefferson Parish. Id. The plaintiff alleged that his termination by the Third District was illegal because the Third District failed to comply with the Louisiana .Firefighter Bill of Rights. Id.
The trial court ruled that the plaintiff had no cause of action because he was not a “fire employee” within the meaning of the statute as a matter of law. Id. The Louisiana Court of Appeal affirmed. The court held that the plaintiff did not meet the definition of “fire employee” for two reasons. First, unlike the plaintiff here, the plaintiff in Marks did not allege that he was an employee—de facto or otherwise—in the fire department of a political subdivision. Id. Second, the court held that by contracting with a volunteer fire department in order to obtain fire protection services, Fire Protection District No. 3 did not “maintain” a full-time regularly paid fire department. Id. That the Louisiana “legislature specifically referenced ‘employees of non-profit corporations under contract with a fire protection district’ in those statutes that it intended to be applicable to non-profit corporations,” but had not mentioned such employees in the Firefighter Bill of Rights, buttressed the Court of Appeal’s conclusion. Id. at 1103 (citing La.Rev.Stat. §§ 33:1991, 33:2002). “Had the legislature intended for La.Rev. Stat. § 33:2181 to be applicable to employees of a non-profit organization contracting to provide fire protection services,” the court explained, “it would have specifically included those persons in the statute.” Id.
Citing principles of Louisiana statutory construction, the Court of Appeal limited
Applying the same principles of construction here, the Court concludes that the text of La.Rev.Stat. § 33:2181 is clear and unambiguous, and its inapplicability to plaintiff may be determined as a matter of law. In addition to the problems already identified under the first element of La. Rev.Stat. § 33:2181’s definition of “fire employee,” which requires plaintiff to be “employed” by a “parish, or fire protection district,” plaintiff faces similarly insurmountable problems in connection with the definition’s second element. The second element specifies that the statute applies only to employees of municipalities, parishes, and fire protection districts “maintaining a full-time regularly paid fire department.” Following the logic of the Marks court, the Court rejects plaintiffs suggestion that Tangipahoa Parish, through its special district TFD2, maintains a fire department within the meaning of the Firefighter Bill of Rights “consisting] of its Administrator, Dennis Crocker, each nonprofit corporation which contracts with it for the provision of fire protection services, and all paid fire employees assigned to each non-profit corporation.”
Finally, even if the Court did look beyond the statutory text and examine plaintiffs de facto employer argument, that argument fails on the facts. The common law test for an employer-employee relationship under Louisiana law “relates to the right of control.” Id. In Louisiana, the right to control is evidenced by four primary factors: (1) selection and engagement, (2) payment of wages, (3) power of dismissal, and (4) power of control. See Harrington v. Hebert, 789 So.2d 649, 653 (La.Ct.App. 2001) (citing Boswell v. Kurthwood Manor Nursing Home, 647 So.2d 630, 631 (La.Ct.App. 1994)) (worker’s compensation); see also Berthelot v. Stallworth, 884 So.2d 648, 654 (La.Ct.App. 2004) (vicarious liability). None of these factors alone is determinative. Harrington, 789 So.2d at 653. The single most important factor, however, is the fourth factor: the right of the employer to control the work of the employee. See Roberts v. State, Through Louisiana Health & Human Res. Admin., 404 So.2d 1221, 1225 (La. 1981). Plaintiffs support for this critical factor consists primarily of a bare recitation Louisiana’s test: he alleges that the Parish, acting through its special district TFD2, “has the right of control and super
[T]he fire district does not have any direct supervision of the Independence Volunteer Fire Dept., Inc.’s firefighters, emergency services providers or officers and as such no member of the Board of Commissioners or the Tangi-pahoa Parish Rural Fire Protection District Number Two nor any employee, agent or representative thereof shall direct orders to the Independence Volunteer Fire Dept., Inc.’s employees, firefighters, emergency service providers or officers on issues of the day to day operations of the said volunteer fire department.109
Nevertheless, plaintiff suggests that TPD2’s authority over IVFD’s finances support a finding of control. Specifically, he alleges that all IVFD expenditures must be “reviewed and approved and processed for payment by TFD2.”
2. Civil Service Protection
Plaintiff also contends that he is entitled to the protections of the Louisiana Civil Service system, again relying on his assertion that Tangipahoa Parish was his de facto employer. For the reasons discussed above, this argument fails.
In addition, plaintiff does not qualify for the protections of the Louisiana civil service system as a matter of law. The Louisiana Constitution provides that all municipalities and fire protection districts operating a “regularly paid fire department” must establish a classified civil service system. La. Const, art. 10 § 16. In Heintz v. City of Gretna, the Louisiana Court of Appeal held that this provision does not require volunteer fire departments that contract with municipalities to provide fire protection services to establish a classified civil service system. 683
Here, plaintiff alleges that he was employed by IVFD—not by TPD2. Thus, under the reasoning of Heintz and Marks, he cannot assert a procedural due process claim based on an entitlement to civil service protection.
B. “Stigma-Plus-Infringement” Claim
Plaintiff does not assert a stigma-plus-infringement claim against Tangipahoa Parish. Accordingly, the Court limits its analysis to the Fire District Defendants.
If a government employee is “discharged in a manner that creates a false and defamatory impression about him and forecloses him from other employment opportunities,” the employee has a procedural due process right to “notice and an opportunity .to clear his name.” Bledsoe v. City of Horn Lake, 449 F.3d 650, 653 (5th Cir. 2006) (quoting White v. Thomas, 660 F.2d 680, 684 (5th Cir. 1981)). A plaintiff alleging a violation of this procedural right must prove seven elements in order to make out a “stigma-plus-infringement” claim:
(1) he was discharged; (2) stigmatizing charges were made against him in connection with the discharge; (3) the charges were false; (4) he was not provided with notice or an opportunity to be heard prior to the discharge; (5) the charges were made public; (6) he requested a hearing to clear his name; and (7) the employer denied the request.
Id. (citing Hughes v. City of Garland, 204 F.3d 223, 226 (5th Cir. 2000)).
Even assuming that plaintiff qualifies as a public employee for purposes of this analysis, plaintiff has failed to plead a stigma-plus-infringement claim against the Fire District Defendants. First, plaintiff has not plausibly alleged that any of the Fire District Defendants made “stigmatizing charges” against him in connection with hi's termination. Plaintiff does allege generally that Crocker “under-minted]” him as fire chief,
Second, plaintiff does not allege that the Fire District Defendants denied him a hearing. To the contrary, after plaintiff requested a meeting with TPD2, TPD2’s attorney met with plaintiff and his attorney “for a discussion of the situation.”
C. Defamation Claim
Plaintiff does not assert a defamation claim against Tangipahoa Parish. Accordingly, the Court limits its analysis to the Fire District Defendants.
None of the comments that the complaint attributes to the Fire District Defendants are capable of defamatory meaning. As the Court explained at length in its earlier order, a plaintiff must “specifically allege” that the defendant made a false and defamatory statement with malice in order to adequately plead a defamation claim under Louisiana law.
Bruno’s statement to the IVFD Board members that Ragusa would pull funding from IVFD and dissolve the corporation if plaintiff remained fire chief is a prediction of future events. A prediction cannot be false and therefore cannot be defamatory. See WCP/Fem Exposition
Bruno’s statement that plaintiff was approved by TPD2 only as the interim chief is not capable of defamatory meaning. Defamatory words are those “which tend to harm the reputation of another so as to lower the person in the estimation of the community, to deter others from associating or dealing with the person, or otherwise expose a person to contempt or ridicule.” Costello v. Hardy, 864 So.2d 129, 140 (La. 2004). Plaintiff has not alleged facts plausibly suggesting that Bruno’s statement would tend to “prejudice him in the eyes of a substantial and respectable minority” of his community. Restatement (Second) of Torts § 559 cmt. e (1977); see also Fitzgerald v. Tucker, 737 So.2d 706, 716 (La. 1999) (following the Restatement). More specifically, there are no facts in the complaint tending to suggest that anyone in plaintiffs community would think less of him if he were the interim chief rather than the permanent one. Cf. Sassone v. Elder, 626 So.2d 345, 352-53 (La. 1993) (holding that newscaster who asked rhetorical questions insinuating that attorneys had taken advantage of several people had not defamed the attorneys because the questions would not be “reasonably understood to be intended in a defamatory sense so as to harm [the attorneys’] reputations and to lower their community esteem”); Restatement (Second) of Torts § 559 cmt. e illus. 1 (1977) (“A advertises in a newspaper that B, a nurse, uses and recommends to her patients the use of a certain brand of whiskey for medicinal purposes. If a substantial number of respectable persons in the community regard this use of whiskey as discreditable, A has defamed B.”); id. illus. 3 (“A, a member of a gang of hoodlums, writes to B, a fellow bandit, that C, a member of the gang, has reformed and is no longer to be trusted with the loot of the gang. A has not defamed B.”).
Accordingly, the Court dismisses plaintiffs defamation claims against the Fire District Defendants.
V. CONCLUSION
For the foregoing reasons, the Court GRANTS defendants’ motions to dismiss. Plaintiffs claims against Tangipahoa Parish and the Fire District Defendants are dismissed.
. R. Doc. 72.
. Two additional sets of defendants have also moved to dismiss plaintiff's amended complaint. See R. Docs. 43 and 44. The Court will address those motions in a separate order.
. R. Doc. 47. The Fire District Defendants filed, a motion to dismiss plaintiffs initial complaint on February 28, 2014, and set it for submission on March 26, 2014. R. Doc. 35. On March 18, 2014, plaintiff filed an amended complaint, see R. Doc. 39, and the Fire District Defendants thereafter filed a motion to dismiss the amended complaint. The Court will consider the arguments in both of the Fire District Defendants’ motions to dismiss in deciding whether the amended complaint states a claim upon which relief can be granted against the Fire District Defendants.
. R. Doc. 61.
. R. Doc. 39. Tangipahoa Parish's and Fire District Defendants’ motions to dismiss are addressed to the amended complaint in member case No. 13-5910, which was consolidated with case No. 13-5450 on October 2, 2013. See R. Doc. 7. The plaintiff's allegations in the lead case, No. 13-5450, are not relevant to the motion and will not be considered here.
. R. Doc. 39 at 3-4.
. Id. at 2.
. Id. at 2-3.
. Id. at 5-6.
. Id. at 3.
. Id. at 5.
. Id. A volunteer fire department is generally defined as a fire department whose firefighting personnel serve on a volunteer basis. See, e.g„ 15 U.S.C. § 2229(a)(9).
. Id. at 6.
: Id.
. Id.
. Id. at 6-7.
. Id. at 8.
. Id. at 9.
. Id.
. Id. at 10.
. Id. at 13.
. Id.
. Id. at 14.
. Id. at 12.
. Id. at 17.
. Id.
. Id. at 16.
. Id.
. Id. at 17.
. Id. at 14.
. Id. at 15.
. Id.
. Id. at 10.
. Id. at 10-12.
. Id. at 18.
. Id.
. Id. at 19.
. Id. at 21.
. Id.
. Id. at 23-24.
. Id.
. Id. at 24-25.
. Id. at 25-26.
. Id. at 26; R. Doc. 39-1 (copy of plaintiffs letter).
. R. Doc. 39 at 29.
. Id.
. Id.
. Id.
. Id. at 22.
. Id. at 26-27.
. Id. at 27.
. Id.
. Id. at 28.
. Id.
. Id.
. Id. at 29.
. Id. at 30.
. Id.
. Id. at 30-31.
. Id. at 31.
. Id. at 32.
. Id.
. Id. at 33.
. Id. at 33-34.
. Id. at 34.
. Id.
. Id. at 35.
. Id. at 35-36.
.Id. at 39-41.
. Id.
. Id. at 36. •
. Id.
. Id. at 37; see also R. Doc. 39-2 (copy of . plaintiff’s letter requesting a meeting).
. R. Doc. 39 at 37-38.
Id- at 38-
. Id. at 42.
. Id.
. Id. at 42-43.
. Id. at 43-44.
. Id.
. Id. at 42.
. Id. at 45.
. Id. at 42.
. See David S. Maurer v. Town of Independence, Louisiana et al., No. 2:13-cv-05910, R. Doc. 1.
.Id. at 36-42.
. Id. at 42-44.
. Id. at 44-45.
. Id. at 45-46.
. R. Doc. 8.
. R. Doc. 13.
. R. Doc. 34 at 15-16.
. Id. at 16-19.
. Id. at 19-21.
. Id. at 21. ■
. Id. (citing Heintz v. City of Gretna, 683 So.2d 926, 928 (La.Ct.App. 1996)).
. Id. at 21-24.
. Id. at 25-28.
. Id. at 28.
. R. Doc. 39.
. Id. at 49 (emphasis added).
. Id. at 52.
. Id. at 54.
. Id. at 55.
. R. Doc. 34 at 16.
. See id.
. Id. at 55.
. Id.
. In ruling on a Rule 12(b)(6) motion to dismiss, "courts must consider the complaint in its entirety,” Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322, 127 S.Ct. 2499, 168 L.Ed.2d 179 (2007), and generally should not go beyond the pleadings, limiting their inquiry to the facts stated in the complaint. See Fed.R.Civ.P. 12(d); Lovelace v. Software Spectrum Inc., 78 F.3d 1015, 1017 (5th Cir. 1996). Nevertheless, to evaluate a Rule 12(b)(6) motion to dismiss, a court may also consider documents incorporated into the complaint by reference, such as the contract in question here. See Dorsey v. Portfolio Equities, Inc., 540 F.3d 333, 338 (5th Cir. 2008).
. Cooperative Endeavor Agreement By and Between the Independence Volunteer Fire Dept., Inc., the Tangipahoa Parish Rural Fire Protection District Number Two and the Town of Independence, adopted and executed October 29, 2012, effective January 1, 2013 through December 31, 2014, at 3.
. Id. at 52.
. R. Doc. 39 at 13.
. Id. at 27.
.Id. at 21.
. Id. at 34.
. Id.
. Id. at 42.
. R. Doc. 34 at 26-27 (citing Lamar Adver. Co. v. Cont’l Cas. Co., 396 F.3d 654, 664 (5th Cir. 2005); Hardy v. Hartford Ins. Co., 236 F.3d 287, 292 (5th Cir. 2001); Badeaux v. Sw. Computer Bureau, Inc., 929 So.2d 1211, 1218 (La. 2006)).
Reference
- Full Case Name
- David S. MAURER v. TOWN OF INDEPENDENCE, LOUISIANA
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- 1 case
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- Published