JUDGMENT TERRY A. DOUGHTY , District Judge . The Report and Recommendation of the Magistrate Judge having been considered, together with the written objections thereto filed with this Court, and, after a de novo review of the record, finding that the Magistrate Judge's Report and Recommendation is correct and that judgment as recommended is warranted, and after finding that Plaintiff's proposed First Amended Complaint [Doc. No. 12-1] would be futile, and for the additional reasons set...
RULING TERRY A. DOUGHTY , District Judge . On January 27, 2020, the Magistrate Judge issued a Report and Recommendation [Doc. No. 11], which recommended the granting of Defendants' Motion to Dismiss [Doc. No. 3]. The Magistrate Judge recommended the dismissal of Plaintiff Andre Price's ("Price") Fifth and Eighth Amendment claims, his claims against Bossier City, and his state law claims against Unknown Bossier City Police Officers, on the grounds that Price did not oppose dismissal of...
MEMORANDUM RULING ELIZABETH E. FOOTE , District Judge . Now before the Court is a Motion for Summary Judgment filed by Defendant Louisiana Department of Transportation & Development ("Defendant" or "DOTD"). [Record Document 41]. Plaintiff Crystal A. Anderson ("Plaintiff") has filed an opposition, and Defendant has filed a reply. [Record Documents 60 & 61]. For the reasons discussed below, the Motion for Summary Judgment is GRANTED. BACKGROUND Plaintiff sets forth the facts of the...
JUDGMENT S. MAURICE HICKS, JR. , Chief District Judge . For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, including the written objections filed, and concurring with the findings of the Magistrate Judge under the applicable law; IT IS ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Record Document 1) is DENIED. Rule 11 of the Rules Governing Section 2254 Proceedings for...
RULING TERRY A. DOUGHTY , District Judge . Pending before the Court is Defendant Williamson Consulting Group, L.L.C.'s Notice of Motion and Motion to Compel Arbitration and for Stay of Proceedings ("Motion to Compel Arbitration") [Doc. No. 71]. Plaintiff People Source Staffing Professionals, LLC ("People Source") did not file an opposition memorandum. For the following reasons, the Motion to Compel Arbitration is GRANTED. I. BACKGROUND People Source, a limited liability company with its...
REPORT AND RECOMMENDATION JOSEPH H.L. PEREZ-MONTES , Magistrate Judge . Before the Court is a Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 (ECF No. 1) and Emergency Motion to Stay (ECF No. 2) filed by pro se Petitioner Rajwinder Singh Natt ("Natt") (A#201-917-735). Natt is a detainee in the custody of the Bureau of Immigration and Customs Enforcement ("ICE"), detained at the LaSalle Correctional Center in Olla, Louisiana. ECF No. 1-2 at 1. Natt challenges the denial of...
JUDGMENT MICHAEL J. JUNEAU , District Judge . For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, including the written objections filed, and concurring with the findings of the Magistrate Judge under the applicable law; IT IS ORDERED that the Motion to Dismiss [Doc. 11] filed by the defendants is GRANTED on grounds the plaintiff fails to state a cause of action for which relief can be...
MEMORANDUM ORDER MARK L. HORNSBY , Magistrate Judge . Introduction Thomas Lemons ("Plaintiff") filed this civil action in state court for damages arising out of an auto accident. He named as defendant St. Paul Fire & Marine Insurance Co. based on an underinsured motorist insurance policy. His petition alleged that USAA already paid the limits of the underlying liability policy. St. Paul removed the case based on an assertion of diversity jurisdiction, which puts the burden on it to...
MEMORANDUM RULING JAMES D. CAIN, JR. , District Judge . Before the Court is a "Motion for Summary Judgment" (Rec. 50) wherein Defendant, LeBlanc Marine, LLC ("LeBlanc") moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. LeBlanc, as Cross-Defendant, maintains that there is no basis for any fault and/or liability attributable to it, and thus, it should be dismissed. FACTUAL STATEMENT At the time of the incident involved in this suit, CF, LLC, ("CF")...
RULING TERRY A. DOUGHTY , District Judge . Plaintiff Dwight S. Prince ("Prince") brought this employment discrimination lawsuit against Coca-Cola Bottling Company United, Inc. ("United"). Prince alleges that United retaliated against him for making claims of discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2, as amended ("Title VII"); discriminated against him on the basis of an alleged disability, i.e., anxiety and social phobia, in violation of the...
MEMORANDUM ORDER JAMES D. CAIN, JR. , District Judge . Before the court is a Motion in Limine [doc. 47] filed by plaintiffs Jeremy Hebert and Coca-J Truck-N LLC, seeking exclusion of any evidence relating to (1) Mr. Hebert's prior accidents and (2) collateral source payments for Mr. Hebert's medical bills. Defendants oppose the motion as it relates to evidence of prior accidents. Doc. 52. Also before the court is a Motion to Strike [doc. 53] by Mr. Hebert, relating to the accident reports...
MEMORANDUM RULING ELIZABETH E. FOOTE , District Judge . This case arises out of an alleged breach of a contract for indemnity. Now before the Court is a Motion for Default Judgment filed by Plaintiff Developers Surety & Indemnity Company ("Developers") against Defendant Cercontec, L.L.C. ("Cercontec"). [Record Document 27]. For the reasons discussed below, the motion for default judgment is GRANTED. BACKGROUND Developers sets forth the facts in its complaint as follows. In order to...
MEMORANDUM RULING ELIZABETH ERNY FOOTE , District Judge . Before the Court is Plaintiffs' second motion to amend their complaint [Record Document 169] and their associated motion to supplement their memorandum in support of their motion for class certification [Record Document 170]. Because Plaintiffs have carried their burden to justify their late request for leave to amend, because proposed Plaintiff Ronald Brooks ("Brooks") has standing, and because the Court is satisfied that the...
MEMORANDUM RULING MARK L. HORNSBY , Magistrate Judge . Introduction Henry Goodrich died owing the IRS significant sums of money. At the time of his death, he had a usufruct over assets that included cash and mineral interests. His three children were the naked owners of those assets. A few years after Henry died, the IRS issued levies against funds in his estate's bank accounts and revenues generated by the mineral interests. The IRS applied the seized funds to Henry's tax debts. Henry's...
JUDGMENT MICHAEL J. JUNEAU , District Judge . This matter was referred to United States Magistrate Judge Patrick J. Hanna for report and recommendation. After an independent review of the record, and noting the absence of any objections, this Court concludes that the Magistrate Judge's report and recommendation is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED that, consistent with the report and recommendation, the...
REPORT AND RECOMMENDATION PATRICK J. HANNA , Magistrate Judge . Before the Court is the Motion to Dismiss Plaintiff's Amended Complaint pursuant to F.R.C.P. Rule 12(b)(6) filed on behalf of Midsouth Bank, N.A. (Rec. Doc. 25). Plaintiff, Bernadine D. Soileau, opposes the Motion (Rec. Doc. 29). The Motion was referred to the undersigned magistrate judge for review, report, and recommendation in accordance with the provisions of 28 U.S.C. 636 and the standing orders of this Court....
ORDER PATRICK J. HANNA , Magistrate Judge . Currently pending is the reurged motion for discharge of supersedeas bond and release of surety (Rec. Doc. 352), which was filed by defendant Apical Industries, Inc. The motion is opposed. Considering the evidence, the law, and the arguments of the parties, and for the reasons fully explained below, the motion is DENIED. Background This lawsuit arose from an incident that occurred on December 3, 2012 in which a helicopter owned by PHI had to...
JUDGMENT S. MAURICE HICKS, JR. , Chief District Judge . The Report and Recommendation of the Magistrate Judge having been considered, no objections thereto having been filed, and finding that same is supported by the law and the record in this matter, IT IS ORDERED, ADJUDGED, AND DECREED that the Commissioner's decision is AFFIRMED, in its entirety, and that this matter is hereby DISMISSED WITH PREJUDICE. THUS DONE AND SIGNED.
REPORT AND RECOMMENDATION KAREN L. HAYES , Magistrate Judge . Before the court is plaintiff's petition for review of the Commissioner's denial of social security disability benefits. The district court referred the matter to the undersigned United States Magistrate Judge for proposed findings of fact and recommendation pursuant to 28 U.S.C. 636(b)(1)(B) and (C). For the reasons assigned below, it is recommended that the decision of the Commissioner be AFFIRMED, and this matter...
MEMORANDUM RULING ELIZABETH E. FOOTE , District Judge . Before the Court are the Defendant's objections to Magistrate Judge Hornsby's Report and Recommendation ("R&R") [Record Document 29]. Record Document 30. In his R&R, Judge Hornsby recommended that Orentha Pea's ("Pea") motion to suppress [Record Document 21] be denied. Pursuant to 28 U.S.C. 636(b)(1), this Court is required to conduct a de novo review of the portions of the R&R to which objections were filed. The Court may then...
