Fultz v. Freightvana Logistics, Inc., et al

1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DEVENAIR FULTZ 	CIVIL ACTION
VERSUS 	NO. 25-1312
FREIGHTVANA LOGISTICS, INC.,
NATIONWIDE TRUCK LINE, INC.,
TARGET CORPORATION, AND
FATMIR MECAJ
SECTION “B” (2)
ORDER AND REASONS
Considering the plaintiff’s Ex Parte Consent Motion to Continue Submission Date for
Motion to Dismiss (Rec. Doc. 38),
IT IS HEREBY ORDERED that the motion (Rec. Doc. 38) is GRANTED in part by
allowing an extension of the January 21, 2026 submission date of the dismissal motion to
February 18, 2026.
As the basis for its dismissal motion, the corporate defendants argue the absence of factual
allegations and legal support for certain claims against them (Rec. Doc. 34-2). Even if continued,
circuit precedent would require an opportunity for amending the complaint to resolve those
deficiencies—provided that amendment would not be a futile gesture. See Stripling v. Jordan
Prod. Co., LLC, 234 F.3d 863, 872–73 (5th Cir. 2000) (noting that while Federal Rule of Civil
Procedure 15(a) requires leave to amend be “freely given,” courts still have discretion to deny a
motion to amend if the amendment would be futile). The requested limited extension should allow
sufficient time for parties to parties to reach an accommodation on the dismissal motion in
view of latter precedent or the entire case.
New Orleans, Louisiana, this 8th day of January 2026
______________________________________
SENIOR UNITED STATES DISTRICT JUDGE
Case 2:25-cv-01312-ILRL-DPC Document 39 Filed 01/09/26 Page 1 of 1