ORDER KURT D. ENGELHARDT , District Judge . The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of plaintiff to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that plaintiff's complaint is hereby...
REPORT AND RECOMMENDATION MICHAEL B. NORTH , Magistrate Judge . Pursuant to 28 U.S.C. 636(b) and Local Rule 73.2(B), this matter comes before the Court on the parties' cross-motions for summary judgment following a decision of the Commissioner of the Social Security Administration ("SSA") denying Plaintiff's applications for Disability Insurance Benefits ("DIB") and for Supplemental Security Income ("SSI") benefits based upon disability. (Rec. doc. 10, 11). Gus Broomfield, III,...
REPORT AND RECOMMENDATION SALLY SHUSHAN , Magistrate Judge . This matter was referred to this United States Magistrate Judge for the purpose of conducting a hearing, including an evidentiary hearing, if necessary, and submission of proposed findings of fact and recommendations for disposition pursuant to 28 U.S.C. 636(b)(1)(B) and (C) and, as applicable, Rule 8(b) of the Rules Governing Section 2254 Cases in the United States District Courts. Upon review of the record, the Court has...
REPORT AND RECOMMENDATION JOSEPH C. WILKINSON, Jr. , Magistrate Judge . This matter was referred to a United States Magistrate Judge to conduct hearings, including an evidentiary hearing, if necessary, and to submit proposed findings and recommendations for disposition pursuant to 28 U.S.C. 636(b)(1)(B) and (C) and, as applicable, Rule 8(b) of the Rules Governing Section 2254 Cases. Upon review of the entire record, I have determined that a federal evidentiary hearing is unnecessary....
REPORT AND RECOMMENDATION DANIEL E. KNOWLES, III , Magistrate Judge . On this date, the Ex Parte Motion to Force Placement of Disputed Funds Into Court's Registry [Doc. #17] came on for oral hearing before the undersigned. 1 Present were Cheryl McAnespy-Smith on behalf of herself and Laurie Maschek on behalf of herself. For the reasons stated on the record, IT IS RECOMMENDED that the Ex Parte Motion to Force Placement of Disputed Funds Into Court's Registry [Doc. #17] be GRANTED. Rule...
RECOMMENDATION DANIEL E. KNOWLES, III , District Judge . SUPPLEMENTAL REPORT AND RECOMMENDATION Plaintiff, Demond Bryant, a state inmate, filed this civil action pursuant to 42 U.S.C. 1983. He sued Orleans Parish Sheriff Marlin Gusman and inmate Louis Monroe. In his complaint, plaintiff asserted two claims: (1) his federal constitutional rights were violated when his "serious mental health needs" were met with deliberate indifference and (2) his federal constitutional rights were...
REPORT AND RECOMMENDATION DANIEL E. KNOWLES, III , District Judge . Before the Court is the Motion of Plaintiff to Voluntarily Dismiss. [Doc. #14]. Having reviewed the motion, IT IS RECOMMENDED that the Motion of Plaintiff to Voluntarily Dismiss [Doc. #14] be GRANTED, and plaintiff's complaint be DISMISSED WITHOUT PREJUDICE under Federal Rule of Civil Procedure 41(a)(2). NOTICE OF RIGHT TO OBJECT Objections must be: (1) specific, (2) in writing, and (3) served within fourteen (14) days...
REPORT AND RECOMMENDATION SALLY SHUSHAN , District Judge . The plaintiff, Katrina Bridges on behalf of her minor child, K.B. ("Bridges"), filed a complaint against the City of New Orleans, City of New Orleans Mayor Mitchell "Mitch" J. Landrieu, the New Orleans Police Department, New Orleans Police Department Superintendent Michael S. Harrison and Terrance Saulny, for violation of the constitutional rights of her child. Rec. doc. 1. Mayor Landrieu, Superintendent Harrison and the City of...
REPORT AND RECOMMENDATION SALLY SHUSHAN , Magistrate Judge . On October 30, 2015, the District Judge: (1) entered judgment in favor of 3L Leasing, LLC ("3L") and against Grillot Construction, LLC ("Grillot") and U.S. Specialty Insurance Company ("USSIC") for $511,553.05 plus interest; (2) entered judgment in favor of Russell Grillot and against 3L dismissing its claims with prejudice; (3) assessed costs against Grillot to be determined by the Clerk of Court; and (4) awarded attorneys'...
ORDER NANNETTE JOLIVETTE BROWN , District Judge . In this litigation, Plaintiff Randall Sapp, a platform mechanic working on a platform at Eugene Island 32A, alleges that he was severely injured when he attempted to hoist a valve from a vessel onto the platform. 1 Pending before the Court is Defendant Abe's Boat Rentals, Inc.'s ("Abe's Boat Rentals") "Motion for Summary Judgment of Abe's Boat Rentals, Inc." 2 Having reviewed the motion, memorandum in support, memorandum in opposition,...
ORDER NANNETTE JOLIVETTE BROWN , District Judge . Before the Court is Plaintiff Anita Mitchell's ("Plaintiff") "Motion to Remand." 1 Having considered the motion, the memoranda in support and in opposition, the record, and the applicable law, the Court will deny the motion. I. Background A. Factual Background Plaintiff filed this lawsuit against Defendant Amica Mutual Insurance Company ("Amica") on August 30, 2013 in the 40th Judicial District Court for the Parish of St. John the...
ORDER AND REASONS NANNETTE JOLIVETTE BROWN , District Judge . Before the Court are Petitioner Quinten M. Moran's ("Petitioner") objections 1 to the Report and Recommendation of the United States Magistrate Judge assigned to the case. 2 Petitioner, a state prisoner incarcerated in the Claiborne Parish Detention Center in Homer, Louisiana, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 asserting, inter alia, that his trial and appellate counsel were...
ORDER AND REASONS HELEN G. BERRIGAN , District Judge . Before the Court are the briefs of the parties, submitted pursuant to the Court's Rule 56(f)(3) order. See Rec. Docs. 25 & 27; see also Rec. Doc. 24 at 12. The Court denied defendant's motion to dismiss on the grounds that petitioner Elden Guerrero's claim was not barred as a matter of statutory interpretation. See id. at 5-12. Specifically, the Court rejected the interpretation of 8 U.S.C. 1255 (statute providing basic...
ORDER JANE TRICHE MILAZZO , District Judge . The Court, having considered the petition, the record, the applicable law and the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its own opinion. Accordingly, IT IS ORDERED that the petition for federal habeas corpus...
ORDER NANNETTE JOLIVETTE BROWN , District Judge . Pending before the Court is Defendants United States Department of Transportation ("DOT"), Federal Transit Administration ("FTA"), and Federal Emergency Management Agency's ("FEMA") (collectively, "Federal Defendants") "Motion to Dismiss." 1 Having considered the motion, the memoranda in support, the memorandum in opposition, the applicable law, and the record, the Court will deny the motion. I. Background A. Factual Background This...
ORDER NANNETTE JOLIVETTE BROWN , District Judge . In this litigation, Plaintiff Randall Sapp ("Plaintiff'), a platform mechanic working on a platform at Eugene Island 32A, alleges that he was severely injured when he attempted to hoist a choke valve from a vessel onto the platform. 1 Pending before the Court is Defendants Energy XXI Gulf Coast, Inc. ("Energy XXI"), Abe's Boat Rentals, Inc. ("Abe's Boat Rentals"), Flow Petroleum Services, Inc. ("Flow Petroleum"), and Wood Group PSN, Inc. (...
ORDER AND REASONS MICHAEL B. NORTH , Magistrate Judge . Before the Court are the following motions, each of which was filed jointly by Defendants, Geoffrey Ricketts, Marla Ricketts, Sunyup Kim, and Samuel Kim: Motion for Discovery and Inspection (rec. doc. 44); Motion for Early Disclosure of Jencks Act Material (rec. doc. 45); Motion for Disclosure and Interview of Confidential Informants (rec. doc. 46); and, Motion to Compel Return of Privileged Documents. (Rec. doc. 47). The Government...
ORDER JANE TRICHE MILAZZO , District Judge . The Court, having considered the petition, the record, the applicable law, the Magistrate Judge's Report and Recommendation, and the lack of any objections thereto, hereby approves the Magistrate Judge's Report and Recommendation and adopts it as its opinion. Accordingly, IT IS ORDERED that the Commissioner's Motion for Summary Judgment is DENIED, the Plaintiff's Motion for Summary Judgment is GRANTED and that the opinion of the...
ORDER AND REASONS JANE TRICHE MILAZZO , District Judge . Before the Court are Defendant Financial Guard, LLC's Motion to Dismiss (Doc. 12),Plaintiffs' Motion to Strike that Motion (Doc. 20), Defendant Daniel Dragan's Motion for Sanctions (Doc. 16), and Defendant Daniel Dragan's Motion to Dismiss for Lack of Jurisdiction and Improper Venue (Doc. 18). For the following reasons, Defendant Financial Guard, LLC's Motion to Dismiss is STRICKEN; Plaintiff's Motion to Strike is GRANTED; Defendant...
ORDER AND REASONS JANE TRICHE MILAZZO , District Judge . Before the Court is Defendant North River Insurance Company's Motion to Dismiss (Doc. 165). For the following reasons, the Motion is GRANTED IN PART. BACKGROUND The background facts of this case have been detailed at length in the Court's previous orders. 1 However, a review of the facts pertinent to this Motion, as alleged in Plaintiff's Complaint, is helpful here. Sometime prior to the events giving rise to this suit, Lazarus...
