ORDER & REASONS LANCE M. AFRICK , District Judge . Before the Court is plaintiffs Cellular 7, Inc. ("Cellular 7"), Alvin E. Kimble ("Kimble"), and I.V. Jeansonne's ("Jeansonne") (collectively, the "plaintiffs") motion 1 to remand the above-captioned matter to Louisiana state court. For the following reasons, the motion is granted. I. Kimble and Jeansonne are partners in Cellular 7 who each own half of Cellular 7's voting interests. 2 Cellular 7 and New Cingular PCS, LLC ("New Cingular"...
ORDER AND REASONS JANE TRICHE MILAZZO , District Judge . Before the Court is the Trustee Kenneth Lefoldt, Jr.'s Motion for Interlocutory Appeal (Doc. 1). For the following reasons, the Motion is DENIED. BACKGROUND On March 24, 2016, an involuntary petition for Chapter 11 bankruptcy was filed against Whistler Energy II, LLC ("Whistler Energy"). On January 25, 2017, a plan of reorganization was confirmed. As part of the plan, certain causes of action were transferred and assigned to a...
ORDER AND REASONS SARAH S. VANCE , District Judge . The Court has received defendant Anthony Sciambra's Rule 12(b)(3) motion to dismiss for improper venue. 1 Because defendant Sciambra waived his objection, the Court denies the motion. I. BACKGROUND This case arises from an automobile accident. 2 On September 6, 2018, decedent Timothy Thompson was riding his motorcycle on a highway in Harrison County, Mississippi. 3 Plaintiff alleges that defendant Anthony Sciambra, driving a truck,...
ORDER AND REASONS WENDY B. VITTER , District Judge . Before the Court are the Defendant Thomas J. Cortazzo's Motion to Dismiss for Failure to State a Claim, 1 Defendant Sidney H. Cates, IV's Motion to Dismiss for Lack of Jurisdiction and for Failure to State a Claim, 2 Defendant Debra Dave's Motion to Dismiss with Prejudice, 3 Defendant Dwight A. Gilbert's Motion to Dismiss for Failure to State a Claim, 4 and Defendant Thomas J. Cortazzo's Motion for Permanent Injunction Against...
ORDER AND REASONS WENDY B. VITTER , District Judge . Before the Court is the plaintiff's Motion to Recuse Judge Vitter and Magistrate Roby or to Stay the Matter Until Plaintiff's Memorandum of Law for Recusal is Filed 1 and the plaintiff's Motion to Disqualify Judge Pursuant to 28 U.S.C.A. 144, 455, Due to Her Bias Against Him through Her Familial and Possible Financial Interests in a Defendant. 2 After considering the briefs submitted by Plaintiff and the applicable law, for the...
ORDER GREG GERARD GUIDRY , District Judge . Before the Court is a Motion for Partial Summary Judgment on Alexis Marine, LLC's Negligence 1 filed by Claimant Shacall Johnson ("Claimant") and adopted by claimants Shawndrake Nettles, James Bush, Deleverly Fisher, and Valerie Harris. 2 Alexis Marine, LLC ("Alexis Marine"), owner of the M/V UNCLE ROBERT, has filed an opposition. 3 For the following reasons, the Motion for Partial Summary Judgment on Alexis Marine, LLC's Negligence 4 is...
ORDER & REASONS CARL J. BARBIER , District Judge . Before the Court is Plaintiff Steven Oliver's Motion for Review of Magistrate Judge's Decision (Rec. Doc. 59), in which Plaintiff seeks review of the Magistrate Judge's Report and Recommendation (Rec. Doc. 57) that recommends granting Defendants Chief Michael Laughlin's, Major Edward Hosli's, Sheriff Marlin Gusman's, and Major Chaz Ruiz's motions for judgment on the pleadings (Rec. Docs. 29, 44, 45) and dismissing Plaintiff's claims...
ORDER GREG GERARD GUIDRY , District Judge . Before the Court is a Motion to Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) (R. Doc. 13) filed by the City of New Orleans. Rufus Johnson and Sandra Lummer ("Plaintiffs") have not filed an opposition. For the following reasons, the Motion to Dismiss Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) (R. Doc. 13) is GRANTED. BACKGROUND Plaintiffs bring this action against their former employer, New Orleans Recreation Department ("NORD"), for...
ORDER AND REASONS WENDY B. VITTER , District Judge . Before the Court is a Motion to Remand, filed by plaintiffs, Julie Martin, individually and as wife of Jason Mitchell, and Jason Mitchell, individually and as administrator of the estate of the minor children A.M. & C.M. 1 The Motion is opposed. 2 After considering the briefs submitted by the parties and the applicable law, for the reasons expressed below, the Motion to Remand is DENIED. I. FACTUAL AND PROCEDURAL BACKGROUND Julie...
ORDER AND REASONS MARY ANN VIAL LEMMON , District Judge . Before the court is the Motion for Summary Judgment, filed by plaintiff, Firestone Financial, LLC. Rec. Doc. 16. The motion is unopposed. Accordingly, IT IS HEREBY ORDERED that the Motion for Summary Judgment (Rec. Doc. 16) is GRANTED, awarding judgment in favor of the defendants in the amount of $89,220.68 plus reasonable attorneys' fees and costs, to be established through a separate motion.
ORDER AND REASONS MARY ANN VIAL LEMMON , District Judge . Before the court are the following motions: (1) Kevin Curlee's Motion for Summary Judgement (Rec. Doc. 42); Kevin Curlee's Motion to Stay Discovery (Rec. Doc. 43); and Adam Kokesh's Motion to Strike Defendant's Motion for Summary Judgment (Rec. Doc. 44). The motion to strike is premised on Kokesh's contention that defendant Curlee refused to provide him evidence required to adequately respond to the motion for summary...
ORDER & REASONS BARRY W. ASHE , District Judge . Before the Court is a motion by Tetra Technologies, Inc. to reconsider 1 this Court's February 10, 2020 Order granting a motion in limine by claimants Robert Pitre and Joseph Hebert (collectively, "Claimants") to exclude all evidence, argument, and questioning concerning Hebert's supposed pre-accident substance abuse issues because such matters are irrelevant or unfairly prejudicial. 2 Tetra argues that it should be permitted to use...
ORDER & REASONS BARRY W. ASHE , District Judge . Before the Court is a motion by defendant Stanton Guillory to suppress evidence seized from his jail cell pursuant to a search warrant. 1 The Government responds in opposition, 2 and Guillory replies in further support of the motion. 3 Having considered the parties' memoranda, the record, and the applicable law, the Court denies Guillory's motion to suppress, finding that the search warrant was valid. I. BACKGROUND On February 26, 2016,...
ORDER AND REASONS SUSIE MORGAN , District Judge . Before the Court is Defendant David O'Reilly's opposition to Plaintiff Roberto Rodriguez's notice of voluntary dismissal without prejudice. 1 For the following reasons, Defendants' opposition is DENIED, and the case is DISMISSED WITHOUT PREJUDICE. BACKGROUND On November 12, 2019, Plaintiff filed a complaint in Lea County, New Mexico, alleging Defendant committed abuse of process and defamation. 2 On December 16, 2019, Defendant...
ORDER & REASONS IVAN L.R. LEMELLE , Senior District Judge . Before the Court are petitioner's objections to/and the Magistrate Judge's Report and Recommendation to dismiss this state court inmate's pro se petition for habeas corpus relief, and petitioner's motion for abeyance. See Rec. Docs. 14, 25, and 26. For the reasons discussed below, IT IS ORDERED that petitioner's objections are OVERRULED and the Report and Recommendation are ADOPTED as the court's opinion. FACTUAL...
ORDER AND REASONS SARAH S. VANCE , District Judge . Defendant Tangipahoa Parish School System moves for partial summary judgment on plaintiff's ADA and defamation claims. 1 Because plaintiff fails to provide adequate evidence to support her hostile environment, constructive discharge, or defamation claims, the Court grants the motion as to those claims. I. BACKGROUND Plaintiff Kaarla Hills worked as a pre-kindergarten paraprofessional teacher's aid at O.W. Dillion Leadership Academy,...
ORDER & REASONS BARRY W. ASHE , District Judge . Before the Court is a joint motion by defendants Louis Age Jr., Louis Age III, Ronald Wilson Jr., Kendrick Johnson, and Stanton Guillory (collectively, "Defendants") to suppress the warrantless search of their respective historical cell-site location information ("CSLI") and any other geo-location data as contained in certain cellular telephone records and data obtained by the United States of America (the "Government") by way of...
ORDER AND REASONS SUSIE MORGAN , District Judge . Before the Court is a Motion to Reduce Sentence Pursuant to 18 U.S.C. 3582(c) filed by Andre Lloyd. 1 The Government filed a response. 2 For the following reasons, the motion is DENIED WITHOUT PREJUDICE. BACKGROUND On December 21, 2016, Defendant Andre Lloyd pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute quantities of cocaine and heroin in violation of 21 U.S.C. 841(a)(1), 21 U.S.C....
ORDER AND REASONS JANE TRICHE MILAZZO , District Judge . The Court now examines subject matter jurisdiction sua sponte. Plaintiffs have failed to adequately plead diversity jurisdiction in their Complaint. Accordingly, Plaintiffs shall amend their Complaint to correct this jurisdictional defect within 20 days of the entry of this Order. This Court is duty-bound to examine the basis of subject matter jurisdiction sua sponte. 1 Subject matter jurisdiction in this case is premised upon...
ORDER AND REASONS MARY ANN VIAL LEMMON , District Judge . IT IS HEREBY ORDERED that defendant Load 1, LLC's ("Load 1's") Motion to Dismiss (Rec. Doc. 5) is DENIED as moot. This matter arises out of a motor vehicle collision that occurred on December 11, 2018. In his supplemental and amending Petition for Damages, plaintiff added as a defendant movant Load 1. Load 1 subsequently removed the matter to this court, and moved to dismiss the claim against it, contending that plaintiff's...
