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 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 opinion in this matter. Therefore, IT IS ORDERED that plaintiff's complaint is DISMISSED WITH...
ORDER AND REASONS KAREN WELLS ROBY , Chief Magistrate Judge . Before the Court is Plaintiffs' Motion for Contempt (R. Doc. 25) seeking an order for sanctions and attorney's fees for defendants' failure to comply with the Court's earlier order. R. Doc. 21. The motion is opposed. R. Doc. 27. Oral argument was heard on December 6, 2017. For the following reasons the motion is GRANTED IN PART and DENIED IN PART. I. Background The instant action alleges trademark infringement,...
REPORT AND RECOMMENDATION JANIS VAN MEERVELD , 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...
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 petition, this court has determined that a federal evidentiary hearing is unnecessary...
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....
ORDER NANNETTE JOLIVETTE BROWN , District Judge . The Court, after considering the complaint, the record, the applicable law, the Magistrate Judge's Report and Recommendation, and finding that as of this date the parties have filed no objections to the Magistrate Judge's Report and Recommendation, hereby approves the Magistrate Judge's Report and Recommendation and adopts it as its opinion. Accordingly, IT IS ORDERED that the Motion for Summary Judgment filed by the plaintiff (Rec. Doc....
ORDER AND REASONS SARAH S. VANCE , 1District Judge . Defendants move to stay proceedings or, in the alternative, to dismiss plaintiffs' claims. 1 The Court denies defendants' motion as to Plaintiff Devona McQuirter's claim. Construing the motion as to Plaintiff Joseph Campbell's claim as a motion for summary judgment, the Court will grant the motion unless any party files an objection within 14 days. I. BACKGROUND This diversity case arises out of a motor vehicle accident between...
ORDER AND REASONS KURT D. ENGELHARDT , District Judge . Presently before the Court is Defendant M-I LLC's Rule 12(b)(6) Motion to Dismiss Punitive Damages Claim (Rec. Doc. 15), to which Plaintiff Gerald Wiltz ("Wiltz") has filed a memorandum in opposition (Rec. Doc. 21). Having carefully considered the supporting and opposing submissions, the record, and the applicable law, IT IS ORDERED that the motion is GRANTED for the reasons stated herein. I. BACKGROUND The instant matter...
ORDER AND REASONS SARAH S. VANCE , District Judge . Defendants Forest River, Inc., Dixie Motors, Inc., and Bank of America, National Association, move to dismiss plaintiff's complaint. 1 For the following reasons, the Court grants the motion. I. BACKGROUND This case arises out of the sale of an allegedly defective recreational vehicle (RV). 2 On September 14, 2013, plaintiff bought a new 2014 Coachman Leprechaun from Defendant Dixie Motors, LLC. 3 The purchase was financed by...
ORDER AND REASONS SARAH S. VANCE , District Judge . Plaintiff Source Production & Equipment Co., Inc. and counterclaimdefendants Richard Dicharry and Sandra Kusy each move to dismiss defendant Kevin Schehr's counterclaims. 1 For the following reasons, the Court grants in part and denies in part the motions. I. BACKGROUND Source Production & Equipment Co., Inc. (SPEC) and its affiliates brought this trade-secret misappropriation and unfair competition action against Kevin Schehr,...
ORDER AND REASONS SARAH S. VANCE , District Judge . Before the Court is defendants' motion to dismiss for failure to prosecute. 1 For the following reasons, the Court grants the motion. I. BACKGROUND Plaintiff Theodore Jarreau asserts that he suffered injuries after ingesting allegedly unsafe prescription drugs, including Risperdal, Risperdal Consta, Invega, and/or Risperidone. 2 On July 5, 2016, plaintiff filed a complaint against defendants Janssen Pharmaceuticals, Inc., Johnson &...
ORDER AND REASONS JANIS VAN MEERVELD , Magistrate Judge . Before the Court is the Motion to Compel filed by the Plaintiff (Rec. Doc. 160). On December 18, 2017, the undersigned conducted a telephone conference and ordered that defendant Grayco Communications, L.P. ("Grayco") produce Barbara Gray for deposition. The remaining issues in the Motion to Compel are addressed by this ruling. For the following reasons, the Motion is GRANTED in part. Background Plaintiff Scott Gremillion worked...
ORDER AND REASONS SARAH S. VANCE , District Judge . Plaintiff Wright's Well Control Services, LLC moves for reconsideration or clarification of the Court's August 23, 2017 order. 1 For the following reasons, the Court grants in part and denies in part plaintiff's motion. I. BACKGROUND The facts and allegations that follow are limited to what is relevant to the two motions before the Court. 2 Plaintiff Wright's Well Control Services, LLC (WWCS) and Defendant Oceaneering International,...
ORDER AND REASONS SUSIE MORGAN , District Judge . Before the Court is Continental Casualty Company, Randall Alfred, and Alfred, APLC's (collectively "Defendants") motion for reconsideration. 1 Steve Queyrouze, Plan Trustee for the Forty Acre Corporation Plan Trust (the "Trust"), opposes the motion. 2 The Court has reviewed the briefs, 3 the record, 4 and the applicable law, and now issues this order and reasons. DISCUSSION On November 9, 2017, this Court denied Defendants' motion...
ORDER AND REASONS KAREN WELLS ROBY , Chief Magistrate Judge . Before the Court is Plaintiffs' Motion for Contempt (R. Doc. 25) seeking an order for sanctions and attorney's fees for defendants' failure to comply with the Court's earlier order. R. Doc. 21. The motion is opposed. R. Doc. 27. Oral argument was heard on December 6, 2017. For the following reasons the motion is GRANTED IN PART and DENIED IN PART. I. Background The instant action alleges trademark infringement,...
ORDER AND REASONS SARAH S. VANCE , District Judge . Before the Court is defendants' partial motion to dismiss. 1 For the following reasons, the motion is granted in part and denied in part. I. BACKGROUND This case arises out of the death of Armond Jairon Chauncey Brown on January 23, 2017. 2 Mr. Brown, who had been diagnosed with schizophrenia and bipolar disorder, was allegedly shot and killed by Officer Michael Romano of the Kenner Police Department SWAT team. 3 According to the...
SECTION "R" (3) FINDINGS OF FACT AND CONCLUSIONS OF LAW SARAH S. VANCE , UNITED STATES DISTRICT JUDGE . I. INTRODUCTION This case arises out of the sinking of Defendant LA Marine Service LLC's vessel, the M/V CAPT. LJ. Defendant Leonard Jourdan, Jr. is the owner and operator of LA Marine Service. 1 Plaintiff StarNet Insurance Company supplied a time-hull insurance policy to defendants to cover the M/V CAPT. LJ for the policy period of September 24, 2015, through September 24, 2016....
ORDER AND REASONS SUSIE MORGAN , District Judge . Before the Court is the Defendant's Motion for Summary Judgment. 1 The Plaintiff opposes this motion. 2 For the following reasons, the Defendant's Motion for Summary Judgment is DENIED. BACKGROUND Plaintiff, Irma Stephens, filed her initial complaint in this Court on May 23, 2016. 3 Plaintiff is an African-American woman who alleges she was subject to racial discrimination, race-based harassment, and retaliation in violation of...
ORDER AND REASONS SARAH S. VANCE , District Judge . Defendant ACE American Insurance Company moves for summary judgment. 1 For the following reasons, the motion is granted. I. BACKGROUND Plaintiff Corey Menard was a senior field technician employed by Gly-Tech Services. 2 In early 2015, he was assigned to work offshore on the Delta House Floating Production System, a semi-submersible oil-exploration platform in the Mississippi Canyon operated by Wood Group PSN, Inc. (Wood Group). 3...
ORDER AND REASONS SUSIE MORGAN , District Judge . Before the Court is Plaintiff Sarah Barnett Donahue's objection to the U.S Magistrate Judge's order denying her motion to remove an expert report's confidential designation. 1 The motion is opposed. 2 For the reasons that follow, Plaintiff's objection is sustained. BACKGROUND Plaintiff initially filed suit on November 18, 2015, bringing federal and state law claims against her ex-husband, Brandon Donahue; Sheriff Rodney J. Strain, Jr.;...
