MEMORANDUM RULING TOM STAGG, District Judge. Before the court is a motion to dismiss for lack of personal jurisdiction and improper venue or, in the alternative, to transfer venue filed under Rules 12(b)(2) and (3) of the Federal Rules of Civil Procedure and 28 U.S.C. 1404 by the defendants Celena Sprinkle and Breana Faith Stewart, through their guardians and conservators David Stewart, Patricia Stewart and Tracey Stewart (these parties will be collectively referred to herein as the "...
RULING ROBERT G. JAMES, District Judge. Two motions for summary judgment are pending before the Court. The first, Shield Pack LLC's Motion for Summary Judgment of Non-Infringement and Invalidity of U.S. Patent No. 5,788,121 ("Motion for Summary Judgment of Non-Infringement and Invalidity") [Doc. No. 29], has been filed by Plaintiff Shield Pack, LLC ("Shield Pack"). The second, CDF Corporation's Cross Motion for Summary Judgment of No Invalidity of U.S. Patent No. 5,788,121 Based on...
MEMORANDUM RULING TOM STAGG, District Judge. Before the court are two motions for summary judgment filed by the defendants in the above-captioned matter, Sonic Restaurants, Inc. ("Sonic") and Lexington Insurance Company, Inc. ("Lexington") (hereinafter occasionally referred to as "the defendants"). See Record Documents 18 and 23. For the reasons set forth below, both of the motions for summary judgment are GRANTED. I. BACKGROUND A. Facts. On February 7, 2008, Gerald Colbert ("...
MEMORANDUM RULING TOM STAGG, District Judge. Before the court is a remand from the Fifth Circuit Court of Appeals, vacating the summary judgment denying the plaintiffs equal protection claims and reversing the denial of the retaliation claims. On remand this court is directed to address the remaining elements of the pending claims in accord with the terms of the Fifth Circuit's opinion. See Record Document 54. Following the remand, the parties have once again filed cross-motions for...
RULING DEE D. DRELL, District Judge. Pending before the Court is a Motion for Partial Summary Judgment (Doc. 165) filed by Intervenor Defendant the City of Alexandria ("City"), and former Intervenor Defendants Mayor Jacques Roy ("Mayor Roy") and City Attorney Charles E. Johnson ("Mr. Johnson"). Magistrate Judge Hill issued a Report and Recommendation on Motion for Partial Summary Judgment suggesting that we grant the City's motion. (Doc. 382). As Mayor Roy and Mr. Johnson have been...
JUDGMENT DEE D. DRELL, District Judge. For the reasons detailed in a separate ruling issued on this date, the Intervenor Defendants' Rule 12(b)(6) Motion to Dismiss Intervenor's Tortious Interference with Contract Claims (Doc. 158) will be GRANTED. Accordingly, the magistrate judge's Report and Recommendation on Motion to Dismiss (Doc. 383) will be ADOPTED IN PART. However, the Court does NOT ADOPT the portion of the magistrate judge's Report and Recommendation on Motion to Dismiss referring...
MEMORANDUM RULING REBECCA F. DOHERTY, District Judge. Currently pending before this Court is a "Motion for Partial Summary Judgment" [Doc. 22] filed by defendants, Alpha Drilling, L.L.C., p/k/a Drilling Productivity Realized, L.L.C., Bravo Drilling, L.L.C., p/k/a P.C. Axxis, L.L.C. and Axxis Drilling, Inc. (collectively referred to as "Axxis"). 1 In their motion, defendants argue plaintiff was not a Jones Act seaman at the time of the second accident sued upon. 2 Specifically,...
RULING DEE D. DRELL, District Judge. Pending before the Court is a Motion for Summary Judgment (Doc. 65) filed by Third Party Defendant State Farm Fire & Casualty Co. ("State Farm"), against the Defendant, Oday Lavergne ("Mr. Lavergne"). The motion seeks dismissal of all claims filed against State Farm in its capacity as Mr. Lavergne's insurer. After careful consideration, State Farm's motion will be GRANTED IN PART AND DENIED IN PART, as specified below. Disposition will follow by a...
MEMORANDUM RULING JAMES T. TRIMBLE, JR., District Judge. Before the court is a "Motion for Summary Judgment" (R. #82) wherein defendants, City of Lake Charles (the "City"), Jeff Pittman ("Pittman"), Kevin O'Rourke ("O'Rourke"), Jeff Morgan ("Morgan"), John Thacker ("Thacker"), Robert McCauley ("McCauley"), Larry Moss ("Moss") and St. Paul Fire & Marine Insurance Company ("St. Paul") move for summary judgment in their favor pursuant to Federal Rule of Civil Procedure 56 on the grounds that...
REASONS FOR JUDGMENT C. MICHAEL HILL, United States Magistrate Judge. The non-jury trial of this case before the undersigned Magistrate Judge commenced on June 23, 2009 and concluded on June 26, 2009. 1 Thereafter, the Court took this case under advisement. STIPULATIONS The Pre-Trial Order contains the following joint stipulations: 1. The Dolphin 109 was a vessel operating on the Outer Continental Shelf (OCS) at the time of plaintiff's injuries; 2. At the time, the Dolphin 109 was...
MEMORANDUM RULING S. MAURICE HICKS, JR., District Judge. Before this Court is a Motion for Partial Summary Judgment declaring that complainant owes a duty of defense in connection with the matter styled: Looney Ricks Kiss Architects, Inc. v. Steve H. Bryan et al., No. 5:07-cv-0572 [Record Document 204] filed on behalf of the Defendant, Looney Ricks Kiss Architects, Inc. ("LRK") and a Motion for Summary Judgment "declaring that there is no duty to defend or coverage for the main action," [...
MEMORANDUM RULING TUCKER L. MELANCON, District Judge. Before the Court is defendant DVA Renal Healthcare, Inc. f/k/a Gambro Healthcare Inc.'s ("Gambro") Motion To Re-Open The Case: (1) To Vacate Arbitrators' Awards Permitting Class Proceedings; Or, In The alternative, (2) To Clarify The Court's March 2006 Order Granting Motion To Compel Arbitration [Rec. Doc. 35], plaintiffs, Louisiana Health Service Indemnity Company, d/b/a BlueCross BlueShield of Louisiana, HMO of Louisiana, Inc.'s ("BCBSLA"...
MEMORANDUM RULING REBECCA F. DOHERTY, District Judge. Pending before the Court are two motions: (1) Motion for Summary Judgment [Doc. 15] filed by defendant Baker/MO Services, Inc. ("Baker"); and (2) Motion for Summary Judgment [Doc. 16] filed by defendant W & T Offshore, Inc. ("W & T"). In its motion, W & T seeks dismissal of plaintiffs claims against W & T on grounds plaintiff was a borrowed employee of W & T and, as a result of the exclusive remedy provisions of the Longshore and Harbor...
MEMORANDUM RULING KATHLEEN KAY, United States Magistrate Judge. After a finding for the defendants on the issue of attorneys' fees, this case was remanded to this court by the Fifth Circuit Court of Appeals with instructions to "determine the proper amount of attorneys' fees for all appellate work." 1 Doc. 126, p. 2. Pursuant to an order issued by this court on June 2, 2010 [doc. 129], defendants have put forth submissions, including affidavits by counsel with attached invoices, praying for...
MEMORANDUM RULING TUCKER L. MELANCON, United States Magistrate Judge. Before the Court are cross motions for summary judgment filed by defendant, CITGO Petroleum Corporation ("CITGO") [Rec. Docs. 24; 25] and by plaintiff, Jimmy Blakely, [Rec. Docs. 32; 33]; plaintiff's oppositions [Rec. Docs. 30; 31] and defendant's replies [Rec. Docs. 38; 39]. For the reasons that follow, CITGO's motions will be granted. I. Background In this personal injury action, plaintiff Jimmie Blakely seeks tort...
MEMORANDUM ORDER S. MAURICE HICKS, District Judge. Before this Court is a Motion for Partial Summary Judgment on the Issues of Precluding Computation Evidence, Failure to Mitigate, Front Pay and the Capping of Compensatory and Punitive Damages [Record Document 27] filed on behalf of the Defendant, IESI LA Corporation d/b/a IESI Solid Waste Services ("IESI"). Plaintiff opposes this motion. For the reasons discussed herein, IESI's motion for partial summary judgment is GRANTED IN PART and...
MEMORANDUM ORDER S. MAURICE HICKS JR., District Judge. Before the Court is a Motion for Attorney Fees and Excess Costs and Expenses Beyond Those Taxable Under 28 U.S.C. 1920 [Record Document 125], filed on behalf of the Plaintiff, Hillman Lumber Products, Inc. Defendants and defendants' former legal counsel in this matter oppose this motion. For the reasons stated herein, Plaintiff's motion is DENIED. FACTUAL BACKGROUND Plaintiff, Hillman Lumber Products, Inc. ("Hillman") initiated the...
MEMORANDUM RULING TUCKER L. MELAN ON, District Judge. Before the Court are defendant, Chubb Custom Insurance Company's ("Chubb") Motion for Summary Judgment [Rec. Doc. 65], defendant, Amerisure Mutual Insurance Company's ("Amerisure") Memorandum in Opposition [Rec. Doc. 76], and Chubb's Reply [Rec. Doc. 98]; Amerisure's Cross-Motion for Summary Judgment and/or Declaratory Judgment [Rec. Doc. 78], Chubb's Memorandum in Opposition [Rec. Doc. 88], Amerisure's Reply [Rec. Doc. 98], plaintiffs,...
MEMORANDUM RULING C. MICHAEL HILL, United States Magistrate Judge. Before the court is the Motion for Preliminary Injunction filed by plaintiff, Johnson Controls, Inc. ("JCI"). 1 [rec. doc. 2]. The defendants, Air Plus, LLC ("Air Plus"), Lyle Guidry ("Guidry") and Anthony Richard ("Richard"), filed Opposition. [rec. doc. 31]. A hearing on the Motion was held on April 8, 2010 and the Motion was taken under advisement pending Post-Hearing briefing in which the parties were to specifically...
MEMORANDUM RULING S. MAURICE HICKS, JR., District Judge. Before the Court is a Motion for Summary Judgment (Record Document 198) filed by the United States of America ("the United States"), a third party defendant. The United States moves for summary judgment, arguing that Defendant Starcraft Marine, LLC ("Starcraft") cannot prove that negligence of the United States caused or contributed to Plaintiff Daniel J. Regan's ("Regan") injuries. See id. Starcraft opposes the motion. See Record...
