RULING ROBERT G. JAMES, District Judge. Pending before the Court is Defendants Dewayne Jackson ("Jackson") and Town of Farmerville's ("Farmerville") Motion for Summary Judgment. [Doc. No. 14]. Plaintiffs Almer Robertson ("Robertson") and Angel White ("White") filed an Opposition to Motion for Summary Judgment [Doc. No. 25], and Defendants filed a Reply to Opposition to Motion for Summary Judgment [Doc. No. 27]. For the following reasons, Defendants' motion is GRANTED IN PART and DENIED IN...
RULING ROBERT G. JAMES, District Judge. Pending before the Court is Defendant CenturyTel, Inc.'s ("CenturyTel") Motion for Summary Judgment. [Doc. No. 23]. Plaintiff Tara Krull ("Krull") filed a Memorandum in Opposition to CenturyTel's Motion for Summary Judgment. [Doc. No. 27]. For the following reasons, CenturyTel's motion is GRANTED IN PART and DENIED IN PART. I. BACKGROUND This case concerns Krull's allegations that CenturyTel discriminated against her based on her gender and pregnancy....
MEMORANDUM RULING PATRICIA MINALDI, District Judge. Before the court are Cross-Motions for Summary Judgment filed by the Defendant, OM Financial Life Insurance Company ("OM Financial") [Doc. 13], and the Plaintiffs, Holly Jacques Turner and Sean Jacques [Doc. 20]. Both the Plaintiffs and OM Financial filed Oppositions [Docs. 16 and 25, respectively], and the Plaintiffs filed a Reply [Doc. 26]. FACTS In this action, the Plaintiffs seek benefits under a life insurance policy issued to their...
MEMORANDUM RULING JAMES T. TRIMBLE, JR., District Judge. Before the court is "Noble's Motion for Partial Summary Judgment on its Burden of Proof as to Liability" (R. # 124) wherein the mover seeks to have the court rule in advance of trial as to its burden of proof at trial. Specifically, Noble Energy, Inc. ("Noble") maintains that because defendant, The Prospective Investment and Trading Company, Ltd. ("PITCO"), refused Noble's tender of defense, under Oklahoma law, 1 Noble need only...
RULING DEE D. DRELL, District Judge. Before us are two motions in the above captioned matter. The first is a "Motion for a Preliminary Injunction Before Friday, September 30, 2011" filed by Plaintiffs (Doc. 1). The second is a "Motion to Dismiss or Alternatively to Transfer Venue" (Doc. 14) filed by the Intervenors and joined by the Department of Labor ("DOL") (Doc. 65). For the following reasons, Intervenors' Motion to Transfer Venue will be GRANTED. Therefore Plaintiffs' Motion for...
MEMORANDUM RULING AND ORDER DEE D. DRELL, District Judge. Before the Court is Defendants' motion to stay the present proceedings pending arbitration. (Doc. 95). For the reasons given below, this motion is DENIED. BACKGROUND In January and February 2004, the law firm of David R. Johanson and Rachel J. Markun, a Professional Corporation (formerly David R. Johanson, A Professional Corporation) ("the Law Firm") signed identical "Attorney-Client Fee Agreement[s]" ("the Agreements") with two...
MEMORANDUM RULING TOM STAGG, District Judge. Before the court are three motions for summary judgment. The plaintiff, Clarendon America Insurance Company ("Clarendon"), has filed two motions for summary judgment, seeking a judicial declaration that it has "no defense, coverage, or indemnity obligations" under its policy for losses claimed in an underlying suit. See Record Documents 9 and 33. The third-party defendant, American Vehicle Insurance Company ("AVIC"), has also filed a motion...
MEMORANDUM RULING PATRICK J. HANNA, United States Magistrate Judge. Before the Court are cross motions for summary judgment filed by plaintiff Wanda Halphen Tesch, [Rec. Doc. 23] and defendant, The Prudential Insurance Company of America ("Prudential"), [Rec. Doc. 24], plaintiff's Supplemental Memorandum in support of her Motion for Summary Judgment [Rec. Doc. 39] and Prudential's Supplemental Memorandum in support of its Motion for Summary Judgment [Rec. Doc. 41]. For the following reasons,...
RULING ROBERT G. JAMES, Chief Judge. Pending before the Court are a Motion for Summary Judgment [Doc. No. 46] filed by Defendant John Dufresne ("Dufresne") and a Cross Motion for Partial Summary Judgment [Doc. No. 50] filed by Plaintiff Frances Parker ("Parker"). For the following reasons, Dufresne's motion is GRANTED, and Parker's motion is DENIED. I. FACTUAL AND PROCEDURAL HISTORY This case arises out of the alleged copying of a manuscript detailing the murders of Brenda Spicer ("Spicer")...
JUDGMENT TUCKER L. MELANCON, District Judge. This matter was referred to United States Magistrate Judge C. Michael Hill for Report and Recommendation. After an independent review of the record, and noting the absence of any objections, this Court concludes that the Report and Recommendation of the Magistrate Judge is correct and adopts the findings and conclusions therein as its own. Accordingly, it is ORDERED that the Motion to Dismiss Pursuant to Rule 12(b)(1) of the Federal Rules of...
RULING ROBERT G. JAMES, District Judge. Pending before the Court are Defendant Arthur Gilmore, Jr.'s ("Gilmore") "Motion to Sever Trial of Defendant from Co-Defendant's Trial Because of Prejudicial Joinder" ("Motion to Sever") [Doc. No, 37], "Motion to Dismiss Count 1 of the Indictment" ("Motion to Dismiss") [Doc. No. 39], and "Motion for Bill of Particulars" [Doc. No. 40]. Defendant Robert E. "Red" Stevens ("Stevens") has joined in each of the motions filed by Gilmore. [Doc. Nos. 36 & 43]....
MEMORANDUM ORDER KATHLEEN KAY, United States Magistrate Judge. Pending before this court is the plaintiff's motion to remand this suit to the 30th Judicial District Court, Parish of Vernon, State of Louisiana. Doc. 8. For the following reasons, the Motion to Remand is DENIED. Facts and Procedural History This motion arises from a complaint filed in the 30th Judicial District Court, Parish of Vernon, State of Louisiana, on February 20, 2002. Doc. 1. The original complaint alleged that...
RULING AND JUDGMENT JAMES D. KIRK, United States Magistrate Judge. Before the court are competing motions for summary judgment regarding insurance coverage. One motion was filed by plaintiffs, Chartis Specialty Insurance Company, Insurance Office of America, LLC and Martin H. Jones, who contend coverage should be provided by First Financial Insurance Company ("FFIC") for the allegations made in the lawsuit as to Haynes Industries, LLC, Haynes Industries, HI Insulation, LLC, HI Insulation,...
MEMORANDUM RULING TUCKER L. MELANCON, Judge. Before the Court is a Motion for Summary Judgment filed by Google Inc. ("Google") [Rec. Doc. 37], a memorandum in opposition filed by Firefly Digital, Inc. ("Firefly") [Rec. Doc. 58] and Google's reply thereto [Rec. Doc. 71]. For the reasons that follow, the Motion will be granted. I. Background Firefly filed this action against Google seeking recovery of monetary damages, penalties and injunctive relief arising from trademark infringement and...
RULING ROBERT G. JAMES, District Judge. Pending before the Court are a Motion for Partial Summary Judgment [Doc. No. 20] filed by Plaintiff Sitaram, Inc. and a Motion for Summary Judgment [Doc. No. 18] filed by Defendant New Hampshire Insurance Company. For the following reasons, Plaintiffs motion is DENIED, Defendant's motion is GRANTED, and this case is DISMISSED WITH PREJUDICE. I. FACTUAL AND PROCEDURAL HISTORY This case arises out of a standard flood insurance policy ("SFIP") and flood...
RULING REBECCA F. DOHERTY, District Judge. "Plaintiff's Motion for Conditional Class Certification (Resubmitted)" [Doc. 67] was referred to United States Magistrate Judge Patrick J. Hanna for a Report and Recommendation. After an independent review of the record, the applicable statutory law and jurisprudence, and considering the objections filed, the Court ADOPTS IN PART the findings and recommendation of the magistrate judge. Specifically, the Court adopts (and supplements herein) the...
MEMORANDUM RULING REBECCA F. DOHERTY, District Judge. Pending before the Court are two motions: (1) Motion for Summary Judgment [Doc. 62] filed by defendant HCA, Inc., d/b/a Hospital Corporation of America ("HCA"), and (2) Motion for Summary Judgment [Doc. 59] filed by defendant Dauterive Hospital ("Dauterive"). For the following reasons, HCA's motion for summary judgment is GRANTED, and all of plaintiff's claims against HCA are DISMISSED WITH PREJUDICE. It is further ordered that Dauterive'...
MEMORANDUM RULING PATRICIA MINALDI, District Judge. Before the Court is a Motion for Summary Judgment, filed by the defendant, Gearbulk, Inc. ("Gearbulk") [Doc. 15]. The plaintiff, Laroi Jackson, filed an Opposition [Doc. 29]. Gearbulk filed a Reply [Doc. 39]. FACTS On May 14, 2008, the M/V Dunlin Arrow, a general cargo ship operated by Gearbulk, the vessel owner's agent, arrived in the port of Lake Charles, Louisiana from Port Manatee, Florida. Upon arrival, Gearbulk turned the vessel...
MEMORANDUM ORDER S. MAURICE HICKS, JR., District Judge. Before this Court is a Motion in Limine (Record Document 203) filed by the Defendant, Bobby Lee Kimble ("Kimble"). The motion is opposed. See Record Document 220. For the following reasons, the motion is DENIED. On September 24, 2010, the Grand Jury filed a multiple count indictment against Kimble and other defendants for Conspiracy to Commit Health Care Fraud, Wire Fraud, and Mail Fraud. [Record Document 1]. The Grand Jury...
MEMORANDUM RULING MARK L. HORNSBY, United States Magistrate Judge. Introduction Plaintiffs in this collective action under the Fair Labor Standards Act ("FLSA") are employees at six chicken processing plants operated by various House of Raeford entities in Louisiana, North Carolina, and South Carolina. Plaintiffs allege, primarily, that Defendants have not compensated them for time spent donning and doffing protective gear and have not provided them a proper meal break. Defendants filed a...
