RULING 1 ERIN WILDER-DOOMES , Magistrate Judge . Before the Court is a Motion for Summary Judgment 2 filed by plaintiff, De'Juan Thomas ("Plaintiff") and a Second Motion for Summary Judgment 3 filed by defendants, James LeBlanc ("Secretary LeBlanc"), Jerry Goodwin ("Warden Goodwin"), and Sally Gryder ("Ms. Gryder") (collectively, "Defendants"). 4 Both Motions are fully briefed. 5 On August 12, 2019, the Court conducted a hearing on both Motions and took the Motions under advisement....
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is Defendants' Joint Motion to Stay (Doc. 5). Defendants request that this case be stayed pending a decision to transfer the case to the Multidistrict Litigation ("MDL") case captioned In Re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation. (Doc. 5). Plaintiff has filed a response indicating that he has filed a motion with the MDL Panel to vacate the conditional transfer...
RULING AND ORDER BRIAN A. JACKSON , CHIEF JUDGE , UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF LOUISIANA. Before the Court is the Motion to Modify Injunctive Relief (Doc. 315) filed by Plaintiffs. Plaintiffs — three seriously ill death-row inmates who are currently incarcerated at the Louisiana State Penitentiary in Angola, Louisiana ("Angola") — seek an order compelling Defendants — the Louisiana Department of Public Safety and Corrections and its Secretary, the Warden of Angola,...
ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is the Motion for Relief from Order Denying Joint Motion to Clarify Order (Doc. 176) filed by Plaintiffs. Pursuant to Federal Rules of Civil Procedure 54(b) and 60(b), Plaintiffs seek relief from the Court's previous Order (Doc. 175) that denied as moot the Joint Motion to Clarify Order on Second Joint Motion to Extend Deadlines for Submission of Opposing and Supplemental Memoranda in Regards to Plaintiffs' Motion for...
RULING AND ORDER BRIAN A. JACKSON , CHIEF JUDGE . Before the Court are four Motions for Summary Judgment (Docs. 149, 151, 152, 156) filed by Defendant Celia R. Cangelosi. Defendant seeks summary judgment on the claims asserted by Thoa Nguyen d/b/a Exotic Nails, Hien Hoang d/b/a Magic Nails, Uan Pham d/b/a Elegant Nails # 2, and Mai Thi Nguyen d/b/a Nu Nails. Plaintiffs filed memoranda in opposition to the Motions, ( see Docs. 155, 157, 159, 166), and Defendant filed corresponding...
ORDER RICHARD L. BOURGEOIS, Jr. , Magistrate Judge . The pro se plaintiff, an inmate incarcerated at the Louisiana State Penitentiary ("LSP"), Angola, Louisiana, field this action action pursuant to 42 U.S.C. 1983 against numerous prison officials, complaining that the defendants violated his constitutional rights through the use of excessive force on October 5, 2015, and deliberate indifference to his serious medical needs therafter. Pursuant to a prior Order in this case (Rec. Doc. 3)...
RULING SHELLY D. DICK , District Judge . The Court, after carefully considering the Petition, 1 the record, the law applicable to this action, and the Report and Recommendation 2 of United States Magistrate Judge Richard L. Bourgeois, Jr. dated November 4, 2016, to which no objection has been filed, hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein, Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion to...
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is Defendant Quinn P. Reed's First Motion to Suppress (Doc. 42). Defendant seeks to suppress the evidence seized incident to arrest pursuant to a warrant executed on May 26, 2016. ( Id. ). The United States filed an opposition. (Doc. 46). A hearing was held on October 25, 2016, and a deadline for the submission of post-hearing briefing was set for November 18, 2016. (Doc. 51). Both parties have submitted post-...
ORDER SHELLY D. DICK , District Judge . CONSIDERING the Verified Complaint 1 and the annexed documents, the Ex Parte Motion for the Issuance of a Writ of Sequestration and Appointment of a Keeper 2 (the "Motion"), and the Memorandum in Support, the Court finding that it is within the power of the Defendant, BatonHotel, LLC (the "Defendant"), to cause waste to the "Mortgaged Property" hereafter described and/or to conceal or dispose of the revenues from the Mortgaged Property...
RULING AND ORDER ON MOTION TO COMPEL AND MOTION TO QUASH ERIN WILDER-DOOMES , Magistrate Judge . Before the court is a Motion to Compel Appearance for Deposition of Non-Party and responses to Subpoena for Production of Documents and for Order to Show Cause (the "Motion to Compel") 1 filed by DocRX, Inc. and Brian Ward (collectively, "Defendants"). P. Cosmo Smith ("Smith") has filed an Opposition to Motion to Compel and Cross-Motion to Quash Subpoenas (the "Motion to Quash"), 2 and...
RULING AND ORDER ON SOCIAL SECURITY APPEAL RICHARD L. BOURGEOIS, Jr. , Magistrate Judge . Plaintiff, Christopher Lee Siewert (Plaintiff), seeks judicial review of a final decision of the Commissioner of the Social Security Administration (Commissioner) pursuant to 42 U.S.C. 405(g) denying Plaintiff's applications for Supplemental Security Income and Disability Insurance Benefits under the Social Security Act. (R. Doc. 1). Having found all of the procedural prerequisites met (Tr. 505-09),...
RULING AND ORDER ON PLAINTIFF'S MOTION TO COMPEL DISCOVERY ERIN WILDER-DOOMES , Magistrate Judge . Before the Court is a Motion to Compel Discovery, 1 filed by plaintiff Andrea Armstrong, as Executrix of the Estate of Glenn Ford under Rule 30 of the Federal Rules of Civil Procedure ("Plaintiff"). 2 The Motion is opposed. 3 The Court finds that oral argument is not necessary. 4 For the reasons that follow, the Motion is GRANTED in part. 5 I. Background On March 9, 2015, Glenn Ford...
RULING AND ORDER ON MOTION TO COMPEL DISCOVERY ERIN WILDER-DOOMES , Magistrate Judge . Before the Court is a Motion to Compel Discovery, filed by defendant United States of America ("Defendant"). 1 The Motion is opposed 2 and Defendant has filed a Reply. 3 For the reasons that follow, the Motion is GRANTED in part. 4 I. Background This matter arises out of a June 6, 2014 automobile accident involving a vehicle driven by a United States Postal Service worker who was allegedly...
RULING JAMES J. BRADY , District Judge . The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Richard L. Bourgeois, Jr. dated November 2, 2016 (doc. no. 14) to which no objection has been filed. The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court's opinion herein. Accordingly, the Plaintiff's complaint is DISMISSED without...
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is the Motion in Limine to Exclude the Testimony of Suresh Sharma and Ron Ferris (Doc. 145) filed by CSHV Fairway View I, LLC, CSHV Fairway View II, LLC, and Campus Advantage, Inc. (collectively "Fairway View"). Cedar Lodge Plantation, LLC ("Cedar Lodge") filed a memorandum in opposition, (Doc. 156), and Fairway View replied (Doc. 161). The Court held evidentiary hearings on the motions on November 4, 2016 and...
RULING SHELLY D. DICK , District Judge . The Court, after carefully considering the Petition, 1 the record, the law applicable to this action, and the Report and Recommendation 2 of United States Magistrate Judge Erin Wilder-Doomes dated September 22, 2016, to which no objection has been filed, hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. ACCORDINGLY, that Plaintiffs' Motion to Remand 3 is DENIED. IT IS...
RULING SHELLY D. DICK , District Judge . The Court, after carefully considering the Petition, 1 the record, the law applicable to this action, and the Report and Recommendation 2 of United States Magistrate Judge Richard L. Bourgeois, Jr. dated September 23, 2016, to which no objection has been filed, hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. ACCORDINGLY, the Plaintiffs' Motion to Remand 3 is DENIED....
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is Plaintiff Houston Specialty Insurance Company's ("Houston Specialty") Motion for Summary Judgment (Doc. 46) and YRC Worldwide, Inc.'s ("YRC") Motion for Partial Summary Judgment (Doc. 47). Houston Specialty seeks a ruling that, as a matter of law, YRC owes Houston Specialty $167,000 in damages. (Doc. 46 at p. 1). YRC seeks a ruling from this Court setting the maximum liability, if any. (Doc. 47 at p. 1)....
RULING ON MOTION FOR RECONSIDERATION JOHN W. deGRAVELLES , District Judge . This matter is before the Court on the Motion for Reconsideration (Doc. 22) filed by pro se plaintiff Derrick Allen ("Plaintiff" or "Allen"). No opposition has been filed. After careful review of the Plaintiff's motion and memorandum and the relevant law, the Court denies Plaintiff's motion. Background and Relevant Procedural History On August 13, 2014, Plaintiff filed a complaint against Envirogreen Landscape...
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is Southern Recycling LLC's Motion for Summary Judgment (Doc. 39) filed by Southern Recycling, LLC ("Defendant" or "SOREC"). 1 In its motion, Defendant seeks dismissal of Mona G. Duhon's (hereinafter "Plaintiff") Title VII claims pursuant to Federal Rule of Civil Procedure ("Rule") 56. Plaintiff opposes the motion. (Doc. 45). Defendant filed a reply memorandum. (Doc. 50). Oral argument is not necessary....
