?LEGAL NOTICE
UNITED STATES
DISTRICT COURT
WESTERN DISTRICT
OF LOUISIANA
PORT ARTHUR
PIPELINE, LLC
v.
CIVIL ACTION
NO. 2:24-cv-00379
JUDGE CAIN
MAGISTRATE LEBLANC
12.01 Acres of Land, more or less, in Calcasieu and Cameron Parishes and: (1) Jeremy Broussard; (2) the Estate of Patricia Ryan Cenac, through an unknown representative; (3) Shane Cole; (4) Michael Larry Comeaux; (5) the Estate of Arthur Coney, through an unknown representative; (6) the Estate of Jessie Pauline Vankleck Coney, through an unknown representative; (7) Jackson Joseph Constance; (8) Curray Corporation; (9) Leslie Gilmore DeSoto; (10) Benji Jean C. Duhon; (11) James H. Dupuis, Sr., Testamentary Trust, through an unknown trustee; (12) Steven J. Dupuis, Sr., Testamentary Trust, through an unknown trustee; (13) the Estate of Cindy Lou McFatter Fowler, through an unknown representative; (14) the Estate of Joe L. Gamblin, through an unknown representative; (15) Virginia M. Gayle; (16) the Estate of Ira A. Gilmore, through an unknown representative; (17) the Estate of Adrienne Gunther, through an unknown representative; (18) the Estate of Martha Babcock Heasley, through an unknown representative; (19) the Estate of Elbourgene Horsley, through an unknown representative; (20) Beverly Jeanise Houssiere; (21) Paul Austin Jones, Jr.; (22) Karen Levitt; (23) Ron Levitt; (24) the Estate of George Liskow, through an unknown representative; (25) Andrea Michelle Morton Leggat; (26) the Estate of Jacqueline Hope Matthews, through an unknown representative; (27) the Estate of Theresa Hebert Mire, through an unknown representative; (28) Joshua Morton; (29) Geraldine Nickells; (30) the Estate of Elizabeth Orndorff, through an unknown representative; (31) the Estate of Marguerite Perry, through an unknown representative; (32) the Estate of Jo Vita Player, through an unknown representative; (33) Deborah Sue Pomeroy; (34) the Estate of Shelley Van Geffen Poole, through an unknown representative; (35) Libby Propsma; (36) the Estate of Rita Mae B. Racca, through an unknown representative; (37) the Estate of Winnie Lea Ford Rogge, through an unknown representative; (38) the Estate of George N. Ronstrom, through an unknown representative; (39) the Estate of Charles Robert Ryan, through an unknown representative; (40) the Estate of Roland Leonida Ryan, through an unknown representative; (41) the Estate of Earline Horsley Scott, through an unknown representative; (42) J.H. Spector & Sons; (43) Roxanne Marie C. Stelly; (44) Tete, William T.; (45) the Estate of George H. Van Geffen, through an unknown representative; (46) the Estate of Thomas D. Van Geffen, Sr., through an unknown representative; (47) the Estate of Patsy Schiel Ward, through an unknown representative; (48) Marie Horsley Whitmire.
SECOND SUPPLEMENTAL AND AMENDED
COMPLAINT FOR
CONDEMNATION OF PIPELINE RIGHT-OF-WAY AND SERVITUDE AND SURFACE SERVITUDE AND FOR PRELIMINARY INJUNCTION
NOW INTO COURT, through undersigned counsel, comes plaintiff, Port Arthur Pipeline, LLC, (“Port Arthur Pipeline”) who, pursuant to Rule 15(a)(1) of the Federal Rules of Civil Procedure, supplements and amends its Original and Supplemental and Amended Complaint for Condemnation of Pipeline Right-of-Way and Servitude and Surface Servitude (Rec. Nos. 1 and 6) (collectively the “Amended Complaint”) in the following particulars:
I.
By further amending the Amended Complaint to add the following allegations between allegation numbers 23 and 24 of the Amended Complaint:
IMMEDIATE POSSESSION
23(a).
Port Arthur Pipeline intends to file a motion, pursuant to Rule 65(a) of the Federal Rules of Civil Procedure, for the immediate possession of the property rights at issue.
23(b).
Pursuant to said motion, Port Arthur Pipeline will request that upon a showing of the necessary prerequisites for preliminary injunctive relief, it be granted immediate possession of the property rights at issue.
23(c).
As will be demonstrated more fully in the aforementioned motion for immediate possession and supporting memorandum, Port Arthur Pipeline satisfies the criteria for preliminary injunctive relief because:
(1) There is a substantial likelihood that Port Arthur Pipeline will succeed on the merits;
(2) Without immediate possession, Port Arthur Pipeline and other previously identified stakeholders face a substantial threat of irreparable injury;
(3) The threatened injury to Port Arthur Pipeline if the injunction is denied outweighs any harm to the defendants that may result if the injunction is granted; and
(4) The entry of an injunction granting immediate possession will not disserve the public interest.
II.
By amending the prayer in the Amended Complaint to add the following between numbers (3) and (4) of the prayer:
(3) (a) That it be granted immediate possession of the pipeline right-of-way and servitude and/or surface servitude through the issuance of a preliminary injunction upon hearing of Port Arthur Pipeline’s forthcoming Motion for Immediate Possession;
III.
Finally, Port Arthur Pipeline incorporates by reference and reiterates herein the remaining allegations and prayers for relief contained in the Original Complaint and the Supplemental and Amended Complaint.
Dated: April 19, 2024
Respectfully submitted:
/s/ Alan J. Berteau
Richard D. McConnell, Jr. (#29973)
Richard.mcconnell@
keanmiller.com
Alan J. Berteau (#17915) Alan.berteau@
keanmiller.com
KEAN MILLER LLP
400 Convention Street,
Suite 700
P. O. Box 3513 (70821-3513)
Baton Rouge, LA 70802
(225) 387-0999
Attorneys for Port
Arthur Pipeline, LLC
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been electronically filed with the Clerk of Court using the CM/ECF system this 19th day of April, 2024. Notice of this filing will be sent to all counsel of record by operation of the court’s electronic filing system and/or U.S. Mail.
/s/ Alan Berteau
Alan Berteau
RUN: May 9, 16, 23 (My 21)