Dow Construction L L C v. B P X Operating Co

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION DOW CONSTRUCTION, LLC CIVIL ACTION NO. 20-9 VERSUS JUDGE ELIZABETH E. FOOTE BPX OPERATING CO. MAGISTRATE JUDGE HAYES MEMORANDUM ORDER Before the Court is a partial motion to dismiss [Record Document 7], pursuant to Federal Rule of Civil Procedure 12(b)(6), filed by Defendant, BPX Operating Company (“BPX”). Plaintiff, Dow Construction, LLC (“Dow”), opposed the motion. [Record Document 10]. BPX filed a reply. [Record Document 11]. According to BPX, the sole legal issue to be decided is “whether the forfeiture penalty…