ORDER & REASONS ELDON E. FALLON, District Judge. Before the Court are three motions: (1) defendants Shell Oil Company and Shell Chemical Company's (collectively "Shell") Motion to Dismiss Pursuant to Rule 12(b)(6) (R. Doc. 18); (2) Shell's Motion to Strike Pursuant to Rule 12(f) (R. Doc. 19); and (3) defendants Travelers Insurance Company and The Travelers Indemnity Company's (collectively "Travelers") Motion to Apply the Court's Ruling on the Motion to Dismiss and Motion to Strike to...
ORDER AND REASONS CARL J. BARBIER, District Judge. Before the Court are Plaintiff's Motion for Summary Judgment and Memorandum in Support (Rec. Doc. 25), Defendants' Memorandum in Opposition (Rec. Doc. 31), and Plaintiff's Reply (Rec. Doc. 34). The motion is before the court, with oral argument having been held on Wednesday October 26, 2011. PROCEDURAL HISTORY AND BACKGROUND FACTS The material facts of this contractual dispute are largely undisputed. This lawsuit arises out of the...
ORDER AND REASONS ON MOTION JOSEPH C. WILKINSON, JR., United States Magistrate Judge. This is a civil rights action filed by plaintiffs, Monica Margarita Barrios-Barrios ("Monica") and her brother, Christopher Antonio Barrios-Barrios ("Christopher"), against defendants, the City of New Orleans, the New Orleans Police Department, former Police Superintendent Warren Riley and former Police Officer Darrius Clipps. Plaintiffs allege that Clipps, while employed as a police officer, invaded...
ORDER AND REASONS IVAN L.R. LEMELLE, District Judge. Before the Court are the Motion for Summary Judgment by Defendant Energy XXI GOM, LLC ("Energy XXI") (Rec. Doc. No. 80), Motion for Summary Judgment by Third-Party Defendant American Fire and Safety, LLC ("American Fire") (Rec. Doc. No. 77), and Cross-Motion for Summary Judgment by Third-Party Plaintiff Energy XXI (Rec. Doc. No. 85), and oppositions and replies related to these motions. For the following reasons, Defendant Energy XXI's...
ORDER & REASONS ELDON E. FALLON, District Judge. Before the Court are twelve motions: (1) a Motion for Summary Judgment (Rec. Doc. No. 145) filed by Defendant Radiator Specialty Company ("Radiator"); (2) a Motion for Partial Summary Judgment (Rec. Doc. No. 139) filed by Plaintiff Macie Wagoner; (3) a Motion for Summary Judgment (Rec. Doc. No. 154) filed by Defendant Exxon Mobil Corporation ("ExxonMobil"); (4) a Motion to Exclude Dr. Sheila Butler and Dr. Jack Saux and for Summary Judgment (...
PRELIMINARY ORDER OF FORFEITURE ELDON E. FALLON, District Judge. The Court has pending before it the issue of criminal forfeiture. The Court has heard oral argument and reviewed the briefs, the law, and the evidence introduced at trial and at the forfeiture hearing, and now issues this Preliminary Order of Forfeiture. I. PROCEDURAL HISTORY On November 6, 2009, a grand jury returned a sixty-three-count Indictment against Mark St. Pierre, Gregory Meffert, and Linda Meffert, alleging bribery...
ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is St. Bernard Port, Harbor & Terminal District's motion to remand. 1 Because Violet Dock Port has not asserted a valid basis for this Court's jurisdiction, St. Bernard Port's motion is GRANTED. I. BACKGROUND This case involves the expropriation by St. Bernard Port of about 70 acres of riverfront property in St. Bernard Parish. The property is located six miles from St. Bernard Port's existing facility, and it is owned by...
ORDER AND REASONS CARL J. BARBIER, District Judge. Before the Court is Defendants Orleans Levee District and Southeastern Louisiana Flood Protection Authority-East's Motion to Dismiss (Rec. Doc. 19), and Plaintiffs' Opposition (Rec. Doc. 28), on supporting memoranda, without oral argument. Having considered the motion and legal memoranda, the record, and the applicable law, the Court finds that Defendants' Motion to Dismiss (Rec.Doc.19) should be DENIED. PROCEDURAL HISTORY AND BACKGROUND...
ORDER AND REASONS 1 HELEN G. BERRIGAN, District Judge. Before this Court are motions to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Rec. Docs. 97; 98; 99; 101; 105). Movants, The Honorable Chief Judge Ernestine Gray, Honorable Judge Lawrence Lagarde, Jr., Honorable Judge Tammy Stewart, Honorable Judge Tracey Fleming-Davillier, Honorable Judge Candice Bates Anderson, Honorable Judge Mark Doherty, and Former Chief Judge David Bell (hereinafter collectively...
ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that defendant W & T Offshore, Inc.'s Motion for Summary Judgment (Doc. # 16) is GRANTED, and plaintiff's tort claims against W & T are DISMISSED WITH PREJUDICE. BACKGROUND This suit arises out of an accident that occurred on W & T's South Timbalier 316-A ("ST 316-A") oil and gas production platform off the coast of Louisiana in the Gulf of Mexico. On August 3, 2009, plaintiff Ronald Kindred, a roustabout on the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JAY C. ZAINEY, District Judge. This matter came on for trial before the Court, sitting without a jury, on February 23, 2011. Following the close of all evidence, the Court took the matter under advisement and instructed counsel to submit their post-trial memoranda on or before March 18, 2011. Having now considered the pleadings, evidence offered at trial, arguments of counsel, and applicable law, the Court renders its Finding of Fact and Conclusions...
ORDER & REASONS ELDON E. FALLON, District Judge. Before the Court are two motions for summary judgment brought by consolidated declaratory Plaintiffs Fireman's Fund Insurance Company ("Fireman's") (Rec. Doc. 62) and Federal Insurance Company ("Federal"). For the following reasons, these motions are now GRANTED. I. BACKGROUND These consolidated declaratory judgment actions arise from construction of a dry dock by Sneed's Shipbuilding, Inc. ("Sneed") for Superior Shipyard and Fabrication,...
ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is plaintiff Tameka Blackstone's motion for leave to file a supplemental memorandum, 1 and Chase Manhattan Mortgage Corporation, Chase Home Finance, LLC, and JPMorgan Chase Bank, N.A's (collectively "Chase") motion to dismiss. 2 The Court grants plaintiff's motion for leave to file a supplemental memorandum but will not convert defendants' motion to dismiss to one for summary judgment. The Court further grants defendants'...
ORDER AND REASONS [As to B2 Master Complaint] CARL J. BARBIER, District Judge. Within MDL 2179, the Court consolidated and organized the relevant claims into "pleading bundles." The B2 pleading bundle includes claims brought under the Racketeer Influenced and Corrupt Organizations Act ("RICO"). 18 U.S.C. 1961-68. The Plaintiffs' Steering Committee ("PSC") filed a RICO Case Statement (Rec. Doc. 1059) and an Amended RICO Case Statement (Rec. Doc. 1814). Before the Court are the Motion to...
ORDER AND REASONS [As to Motions to Dismiss the B1 Master Complaint] BARBIER, District Judge. This multi-district litigation ("MDL") consists of hundreds of consolidated cases, with thousands of claimants, pending before this Court. These cases arise from the April 20, 2010 explosion, fire, and sinking of the DEEPWATER HORIZON mobile offshore drilling unit ("MODU"), which resulted in the release of millions of gallons of oil into the Gulf of Mexico before it was finally capped approximately...
ORDER AND REASONS SARAH S. VANCE, District Judge. In this Fair Labor Standards Act (FLSA) and Louisiana Wage Payment Act (LWPA) case, defendants DirecTV, Inc. and JP & D Digital Satellite Systems, Inc. move for partial summary judgment seeking dismissal of the claims asserted by plaintiffs Christian Lang, Larry Tucker, and Edward Dwayne Humphrey. 1 Because there are genuine issues of fact as to whether Lang, Tucker, and Humphrey are employees under the FLSA and LWPA, defendants' motion is...
ORDER AND REASONS 1 HELEN G. BERRIGAN, District Judge. Before the Court is Defendants' Motion to Stay Proceedings Pending Appeals of this Court's orders denying Defendants' two motions to compel arbitration and stay proceedings in Plaintiffs' second amended and restated complaints. (Rec. Doc. 106). Plaintiffs oppose this motion. (Rec. Doc. 109). Having reviewed the record, the parties' motions, and the applicable law, Defendants' motion is DENIED for the following reasons. I. Background...
ORDER AND REASONS STANWOOD R. DUVAL, JR., District Judge. Before the Court is Defendants' Motion to Dismiss or Transfer under Federal Rule of Civil Procedure 12(b)(3) and 28 U.S.C. 1406 and Alternative Rule 12(b)(6) Motion to Dismiss (Doc. 4) filed by defendants, Pike Electric, LLC and Pike Energy Solutions LLC. 1 Having reviewed the pleadings, memoranda and the relevant law, the Court is prepared to rule. Background Initial State Court Petition This suit was filed on February 22, 2011,...
ORDER AND REASONS KURT D. ENGELHARDT, District Judge. Before this Court is the Motion to Compel Arbitration (Rec. Doc. 23), filed by Defendants Hornbeck Offshore Transportation, LLC and Hornbeck Offshore Operators, LLC. This motion is opposed by Plaintiff Daniel Dwayne Hill. (See Rec. Doc. 26). After considering the memoranda filed by the parties, the exhibits attached thereto, and the applicable law, the Court GRANTS this motion. I. BACKGROUND Between 2007 and 2010, Plaintiff Daniel D....
ORDER AND REASONS 1 HELEN G. BERRIGAN, District Judge. Before the Court is Defendant's Motion for Summary Judgment, filed by Defendants Spring Break '83 Production, LLC, et al. (Rec. Doc. 80). Plaintiffs John T. Martin, et al. oppose the motion. (Rec. Doc. 84). Having reviewed the memoranda of the parties, the record in the case, and the applicable law, the Court GRANTS the motion for the following reasons. I. BACKGROUND John T. Martin ("Martin"), Johnathon R. Martin, Bradley D. Keyes,...
