MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ERIN WILDER-DOOMES , Magistrate Judge . This matter comes before the Court on four motions by Paul W. Miller ("Petitioner") to vacate judgment for lack of jurisdiction (the "Motions to Vacate"), 1 and a motion requesting the appointment of counsel. 2 The United States has not filed an opposition and there is no need for oral argument or for an evidentiary hearing. 3 For the reasons set forth herein, the undersigned recommends denial of the...
NOTICE RICHARD L. BOURGEOIS, JR. , Magistrate Judge . Please take notice that the attached Magistrate Judge's Report has been filed with the Clerk of the United States District Court. In accordance with 28 U.S.C. 636(b)(1), you have fourteen (14) days after being served with the attached Report to file written objections to the proposed findings of fact, conclusions of law and recommendations therein. Failure to file written objections to the proposed findings, conclusions, and...
RULING AND ORDER ERIN WILDER-DOOMES , Magistrate Judge . Before the Court is an "Amended Motion to Compel/Motion to Compel," (the "Motion for Recusal"), 1 filed by Plaintiff Stacey Williams ("Plaintiff"). To the extent the Motion seeks recusal, it will be denied. 2 To the extent the Motion seeks withdrawal of Plaintiff's consent to the referral of this matter to a magistrate judge, 3 the Motion will also be denied. I. Factual Background Plaintiff formerly worked for Defendants in St....
RULING JOHN W. DeGRAVELLES , District Judge . Before the Court is defendant Andre Riley's ("Riley" or "Defendant") Motion in Limine to Exclude Evidence and Testimony. (Doc. 77.) It is opposed by plaintiff Jawaan Chevalier ("Plaintiff" or "Chevalier"). (Doc. 83.) For the following reasons, the motion is granted in part, denied in part and deferred in part. First, the Court notes that Defendant has not followed the Court's local rule to consult with opposing counsel in advance of filing...
RULING JOHN W. DeGRAVELLES , District Judge . Before the Court is Plaintiff's Motion in Limine to Suppress Testimony and Evidence (Doc. 76.) It is opposed. (Doc 86.) After considering the briefs and arguments of counsel, the Court rules as follows: 1. The Nature of Plaintiff's Convictions or of Any Arrest That Did Not Lead to Conviction Consistent with this Court's prior rulings, the jury may be told that Plaintiff has been convicted of a felony and is serving his sentence at the...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is the United States Magistrate Judge's Report and Recommendation (Doc. 29) pursuant to 28 U.S.C. 636(b)(1). The Report and Recommendation addresses pro se Petitioner Jackie Washington's habeas corpus petition (Doc. 1) pursuant to 28 U.S.C. 2254. The Magistrate Judge recommended that Petitioner's habeas corpus relief be denied, with prejudice, as untimely, and that in the event that the petitioner seeks to pursue...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is the United States Magistrate Judge's Report and Recommendation (Doc. 12) pursuant to 28 U.S.C. 636(b)(1). The Report and Recommendation addresses pro se Petitioner Talandis Cottons habeas corpus petition (Doc. 1), attacking his 2013 conviction for attempted kidnapping pursuant to 28 U.S.C. 2254. The Magistrate Judge recommended that Petitioner's habeas corpus relief be denied, and the proceeding dismissed. If the...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is a Motion to Quash the Indictment and Dismiss with Prejudice (Doc. 28) urged by Defendant Michael Beauchamp. The United States has filed an opposition. (Doc. 29). For the following reasons, the Motion (Doc. 28) is DENIED. I. BACKGROUND Defendant was arrested on December 5, 2017 on a violation of state law for being a felon in possession of a firearm. (Doc. 28-1 at 3). On April 25, 2019, Defendant was...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is Defendant's Motion for Summary Judgment (Doc. 22). Plaintiff Joseph Tanner filed a Memorandum in Opposition (Doc. 30), to which Defendant filed a Reply (Doc. 36). For the reasons stated herein, Defendant's Motion (Doc. 22) is GRANTED IN PART, DENIED IN PART. I. BACKGROUND Plaintiff was employed as a field service technician in Defendant's Geismar, Louisiana facility for approximately four years,...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is the United States Magistrate Judge's Report and Recommendation (Doc. 93) pursuant to 28 U.S.C. 636(b)(1). The Report and Recommendation addresses Plaintiff's Motion to Remand (Doc. 78). This case was removed to Federal Court from the 20th Judicial District Court for the Parish of West Feliciana based on 28 U.S.C. 1332 diversity jurisdiction. (Doc. 1, at 2). Plaintiff argues that remand is required because...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is Plaintiff's Motion for Remedies (Doc. 49). Plaintiff requests an injunction, damages, attorney's fees, and costs and expenses. Id. Defendant did not file an opposition to the motion and oral argument on this matter is not necessary. For the following reasons, Plaintiff's Motion is GRANTED. I. BACKGROUND Plaintiff and Defendants are roofing contractors. (Doc. 44-1 at p. 7). Plaintiff operates under the name "...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court are several motions for summary judgment, including the Motion for Partial Summary Judgment filed by Entergy Louisiana, LLC ("Entergy") (Doc. 52), the Motion for Partial Summary Judgment filed by Plaintiff (Doc. 53), the Motion for Summary Judgment filed by Entergy (Doc. 54), and the Motion for Summary Judgment filed by Charter Communications, LLC ("Charter") (Doc. 55). Responses in opposition to each motion...
RULING SHELLY D. DICK , Chief District Judge . The Court has carefully considered the Motion 1 filed by Plaintiff, 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 8, 2019, to which an objection 3 was filed and also reviewed. The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. ACCORDINGLY,...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is the United States Magistrate Judges Report and Recommendation (Doc. 21) pursuant to 28 U.S.C. 636(b)(1). The Report and Recommendation addresses pro se Plaintiff Anthony Montecino's opposed Motion for Summary Judgment (Doc. 12). The Magistrate Judge recommended that Plaintiffs Motion be denied without prejudice because it was prematurely filed before any discovery in this action was propounded, and because it...
RULING AND ORDER JOHN W. DeGRAVELLES , District Judge . This matter comes before the Court on the Petitioner's Motion for Summary Judgment, or, in the Alternative, for an Evidentiary Hearing on Cause and Prejudice, or, in the Alternative, for Relief from Judgment (Doc. 234) filed by Petitioner Todd Kelvin Wessinger ("Petitioner" or "Wessinger"). Respondent State of Louisiana ("Respondent") opposes the motion (Doc. 244), and Petitioner has filed a reply (Doc. 245). Oral argument is not...
NOTICE AND ORDER ERIN WILDER-DOOMES , Magistrate Judge . Plaintiff, Donald Rowe ("Plaintiff"), filed suit against Primerica Life Insurance Company ("Primerica"), Guardian Life Insurance Company of America ("Guardian"), Chris Dantin, Inc. ("CDI"), and Chris Dantin ("Dantin") in state court seeking to recover as beneficiary of two life insurance policies issued to Plaintiff's son, Corey J. Rowe ("Decedent"). On December 13, 2019, Guardian filed a Notice of Removal asserting that this Court...
ORDER CONSENT RICHARD L. BOURGEOIS, JR. , Magistrate Judge . Before the Court is Defendant's Motion to Compel More Sufficient Discovery Responses and Production of Documents and Things from Plaintiff (R. Doc. 14) filed on October 16, 2019. The deadline for filing an opposition has expired. LR 7(f). Accordingly, the motion is unopposed. I. Background Tamekia Paige ("Plaintiff") initiated this action in state court to obtain recovery from State Farm Fire and Casually Company ("State Farm"...
RULING SHELLY D. DICK , District Judge . This matter is before the Court on the Motion for Summary Judgment 1 filed by Defendant, Wal-Mart Louisiana, LLC ("Walmart"). Local rule 7(f) of the Middle District of Louisiana requires that memoranda in opposition to a motion be filed within twenty-one (21) days after service of the motion. Despite this rule, Plaintiff Loretta Young ("Plaintiff") failed to timely oppose this motion, which was electronically filed on November 14, 2019. Under...
RULING SHELLY D. DICK , Chief District Judge . This matter is before the Court on the Motion to Dismiss This Limitation Proceeding Under Rule 12(b)(6) or, in the Alternative, to Lift Stay Order filed by Limitation Defendant Leroy Fuselier ("Claimant"). 1 Limitation Plaintiffs Moncla Marine, LLC and Moncla Marine Operations, LLC (collectively, "Moncla"), filed an Opposition to the Claimant's Motion. 2 For the reasons that follow, Claimant's Motion shall be GRANTED. I. FACTUAL...
RULING SHELLY D. DICK , Chief District Judge . This matter is before the Court on the Motion for Summary Judgment 1 by Defendant DISA Global Solutions, Inc. ("DISA"). Plaintiffs Emile Tilson, Jr. ("Tilson") and Debra Tilson ("Mrs. Tilson") (collectively, "Plaintiffs") have filed an Opposition 2 to this motion to which Exxon has filed a Reply. 3 For the following reasons, the Court finds that DISA's motion should be GRANTED. I. FACTUAL BACKGROUND 4 Tilson was employed by Turner...
