RULING AND ORDER ON MOTION TO DISMISS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1) AND 12(b)(6) BRIAN A. JACKSON, Chief Judge. This matter is before the Court on a motion by the Department of Public Safety ("Defendant" or "LDPSC") to dismiss (doc. 13-1) pursuant to Fed.R.Civ.P. 12(b)(1) and (b)(6). Edwina Fields ("Plaintiff") opposes the motion (doc. 15), and Defendant has replied to Plaintiff's opposition (doc. 18). BACKGROUND Plaintiff, a black female employee of Elayn Hunt...
MEMORANDUM RULING JAMES T. TRIMBLE, JR., District Judge. Before the court are two motions: (1)Motion for Leave to File Amended Complaint (R. #14) and (2) Defendant Dade Behring Life Insurance Plan's Motion to Dismiss and Opposition to Plaintiffs' Motion for Leave to File Amended Complaint" (R. #19). In their motion for leave to amend complaint, plaintiffs seek to add additional defendants and state additional claims. Defendants object to plaintiffs' motion for leave to amend....
RULING BRIAN A. JACKSON, District Judge. This matter is before the Court on a motion by Defendant Generics Bidco I, LLC, ("Generics Bidco") for judgment on the pleadings as to the claims asserted against it by Plaintiff, Milton Purvis ("Plaintiff") (doc. 30). The motion is opposed (doc. 31) and Defendant has replied to the opposition (doc. 32). Plaintiff sought leave to file a Supplemental Memorandum in Response to Defendant's Motion for Judgment on the Pleadings (doc. 37). Jurisdiction is...
OPINION FRANK J. POLOZOLA, District Judge. This matter is before the Court on the Report and Recommendations 1 of the Magistrate Judge recommending the Court grant the Motion to Remand 2 filed by the Plaintiff Deborah Dufrene. Defendant Petco Animal Supplies Stores, Inc. ("Petco") 3 and Defendant Spring Park Property Owner, LLC ("Spring Park") 4 both filed oppositions to the report and recommendations. The Court held oral argument on the motion to remand, the report and recommendations,...
RULING BRIAN A. JACKSON, Chief District Judge. These matters are before the Court on a Motion for a Temporary Restraining Order ("TRO") filed by plaintiffs, Arnold Feldman and the Feldman Institute ("Plaintiffs") (doc. 8), and a Motion to Dismiss for lack of subject matter jurisdiction pursuant to Fed. R. Civ. Proc. Rule 12(b)(2) (doc. 7), filed by the defendants in the above-captioned matter ("Defendants"). Both motions were filed on August 1, 2012. Pursuant to Fed. R. Civ. Proc. Rule 65,...
RULING ON MOTION TO SUPPRESS BRIAN A. JACKSON, Chief District Judge. This matter is before the Court on a Motion to Suppress (doc. 8) and a Supplemental Motion to Suppress (doc. 13) filed by the defendant, Juan Banks ("Defendant"). Defendant seeks to suppress all evidence seized during a search of Defendant's person and vehicle that occurred on July 5, 2011; namely, a firearm, prescription narcotics (oxycodone), and marijuana. 1 The Government opposes the motion (doc. 12). An evidentiary...
MEMORANDUM RULING KATHLEEN KAY, Magistrate Judge. Before the court is a Motion to Remand [doc. 7], filed by plaintiffs First Choice Surgery Center of Baton Rouge, LLC (First Choice) and Arnold E. Feldman, M.D. This motion is opposed by defendant United Healthcare Services, Inc. (United). Doc. 13. For the reasons set forth herein, the plaintiffs' motion to remand [doc. 7] is DENIED. Background This suit was originally filed on December 20, 2011, in Louisiana's 19th Judicial District...
ORDER AND REASONS 1 HELEN G. BERRIGAN, District Judge. Plaintiffs Latesha Henderson and Calvin Henderson bring this violation of civil rights claim under 28 U.S.C. 1988 and 42 U.S.C. 1983 and state law wrongful death and survival action claims on behalf of their decedent alleged father, Calvin Earl Dawkins, against Major Joe Turner and Master Sergeant Brian Covington. (Rec. Doc. 7 at 1, 8-9; Rec. Doc. 74 at 1). Defendants are sued in both their individual and official capacities....
ORDER AND REASONS HELEN G. BERRIGAN, District Judge. IT IS ORDERED that: 1. The motion for ruling on objections and submission of deposition of Calvin Henderson for ruling by the Court filed by Calvin Henderson is DENIED. Rec. Docs. 69, 100. The motion seeks an order that the Court "overrule all objections as waived" with regard to the video deposition testimony of Calvin Henderson, who is incarcerated in Michigan. The plaintiff argues that no contemporaneous objections as to "double hearsay"...
RULING ON DEFENDANT SOFJAN LAMID'S COMPETENCY TO STAND TRIAL JAMES J. BRADY, District Judge. The question presented is whether defendant Sofjan Lamid is incompetent to stand trial. I. The Court previously conducted an initial competency hearing ( see Doc. 410), and the defense and government agreed that he should be committed to the custody of the Attorney General for evaluation under 18 U.S.C. 4241(d). The Court ordered his commitment (Doc. 411), and Lamid underwent evaluation and...
ORDER DOCIA L. DALBY, Magistrate Judge. This matter is before the court on a referral from the district court on defendants' motion to compel depositions and for limited extension of discovery deadlines (rec. doc. 20), filed herein on June 28, 2012. Pursuant to Local Rule 7.4, any opposition to this motion was required to be filed within twenty-one (21) days after service. Plaintiff's response to the motion was due July 22, 2012, but as of July 26, 2012, the court has not received such...
ORDER AND REASONS JAY C. ZAINEY, District Judge. The following motions are before the Court on the briefs without oral argument: Plaintiff's Motion for Partial Summary Judgment (Rec. Doc. 35); State Farm's Motion for Partial Summary Judgment as to Coverage (Rec. Doc. 39); and State Farm's Motion for Partial Summary Judgment as to Application of Damages Cap as to Non-Pecuniary Damages (Rec. Doc. 40). All motions are opposed. The motions, submitted for consideration on April 25, 2012,...
ORDER AND REASONS MARTIN L. C. FELDMAN, District Judge. Before the Court is the defendants' special motion to strike pursuant to La.C.C.P. art. 971. For the reasons that follow, the motion is DENIED. Background This putative class action lawsuit arises out of alleged unlawful collection practices engaged in by the defendants in their efforts to collect on a bail bond obligation after the bond forfeiture judgment had been set aside. This Court has previously summarized the facts of this...
OPINION FRANK J. POLOZOLA, District Judge. After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report 1 to which an objection was filed by counsel for plaintiff 2 and counsel for the State of Louisiana 3 : The Court finds that petitioner's claim that his guilty plea to aggravated burglary was not knowing and voluntary is denied. This matter is referred back to the magistrate judge for further proceedings on petitioner's sexual...
ORDER AND REASONS LANCE M. AFRICK, District Judge. Before the Court is a motion 1 to dismiss or, in the alternative, for a Rule 7 reply filed by defendants, Columbia Casualty Company, David Johnson, and Willie Graves. Plaintiffs, Deidra Clayton and Angela Burke, oppose the motion. 2 For the following reasons, the motion to dismiss is GRANTED IN PART and DENIED IN PART. BACKGROUND Plaintiffs allege that a Livingston Parish sheriff's deputy believed to be David Johnson ("Deputy...
ORDER & REASONS ELDON E. FALLON, District Judge. Before the Court is a Motion to Set Aside Preliminary Default (Rec. Doc. No. 17), filed by Defendants. The Court has reviewed the submitted memoranda and the applicable law. For the following reasons, the Motion to Set Aside Preliminary Default is granted. I. BACKGROUND This case arises out of the employment of Plaintiff by Defendants from approximately October 2005 to October 2010. Plaintiff alleges that, during that time, Defendants failed...
RULING ON MOTION FOR SUMMARY JUDGMENT JAMES J. BRADY, District Judge. This matter is before the court on a Motion for Summary Judgment (Doc. 107) filed by Defendant Atlas Engineering, Inc. ("Atlas"). Plaintiff Clayton James Stevens ("Stevens") filed an opposition (Doc. 109) to which Atlas replied (Doc. 113). Jurisdiction exists pursuant to 28 U.S.C. 1331. Oral argument is unnecessary. For the reasons stated herein, the motion is DENIED. Background Stevens worked for Performance Energy...
ORDER DOCIA L. DALBY, Magistrate Judge. The court sua sponte notes the potential insufficiency of the removing defendant's allegation of the citizenship of the parties as follows; 1. ____ A party invoking diversity jurisdiction must allege the citizenship rather than mere residence of an individual. In addition, see 28 U.S.C. 1332(c)(2) for infants, minors and an incompetent. The citizenship of _______________ is not provided. 2. ____ A party invoking diversity jurisdiction must...
RULING ON MOTIONS FOR SUMMARY JUDGMENT JAMES J. BRADY, District Judge. Before the Court are cross-motions for summary judgment filed by plaintiff The Gulf and Mississippi River Transportation Company, Ltd. ("G&M") (Doc. 77) and defendant BP Oil Pipeline Company ("BP") (Doc. 72). Oppositions, reply briefs, and a sur-reply were also filed. (Docs. 76, 79, 80, 83 & 88). Oral argument is unnecessary. Jurisdiction exists under 28 U.S.C. 1332. For the following reasons, the Court DENIES G&M's...
RULING ON MOTION FOR PARTIAL SUMMARY JUDGMENT BRIAN A. JACKSON, Chief District Judge. I. BACKGROUND This matter is before the Court on a "Motion for Summary Judgment, or in the Alternative, Motion in Limine" (doc. 27) by the defendant, National Union Fire Insurance Company of Pittsburgh, PA ("National Union"). The plaintiff, Kathleen Anderson, has submitted a memorandum in opposition to the defendant's motion for partial summary judgment (doc. 29) and the National Union has filed a reply...
