MEMORANDUM RULING S. MAURICE HICKS, Jr., District Judge. Before the Court is a Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Record Document 22) filed by Defendant, the City of Shreveport ("the City"). The City moves for dismissal of all remaining claims asserted by Plaintiff Kaitlyn Winstel ("Winstel"). See id. Winstel opposes the motion. See Record Documents 26. 1 For the reasons which follow, the Motion to Dismiss is GRANTED and all of Winstel's remaining...
RULING KAREN L. HAYES, Magistrate Judge. This is a diversity action brought by Plaintiffs Michael Denton and Pamela Denton ("the Dentons"), residents of Louisiana against Defendant Foster Poultry Farms Delaware, Inc. ("Foster Farms"), a Delaware corporation. The Dentons contend that the chicken processing facility owned by Foster Farms has and is releasing hazardous materials into a creek that flows by their land and thus damaging their property. On December 22, 2011, the Dentons brought...
REPORT AND RECOMMENDATION KAREN L. HAYES, Magistrate Judge. Before the undersigned Magistrate Judge, on reference from the District Court, is a Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 filed by Petitioner Riley D. Dantzler. [doc. # 84]. Petitioner filed a previous 2255 motion with this Court on March 9, 2012. [doc. # 66]. On December 6, 2012, District Judge Robert G. James, adopting the undersigned's report and recommendation, and addressing new claims...
MEMORANDUM RULING PATRICIA MINALDI, District Judge. Before the court is a Motion for Summary Judgment [Doc. 21] filed by the plaintiff, Laura Harris Winford, to which the defendant, the United States of America, filed an opposition [Doc. 24] and an accompanying Cross Motion for Summary Judgment [Doc. 23]. Winford filed an opposition to the United States' cross summary judgment motion (and an incorporated reply to the United States' opposition to her summary judgment motion) [Doc. 26] and the...
RULING ON MOTION PATRICK J. HANNA, Magistrate Judge. Currently pending before this Court is the plaintiff's motion to remand. (Rec. Doc. 11). Oral argument was held on August 20, 2013, and the motion was taken under advisement. For the reasons assigned at the hearing, the undersigned ordered the plaintiff to supplement the record with copies of the documents sent to the defendants by e-mail on March 15, 2013 and March 18, 2013. (Rec. Doc. 27). The plaintiff complied with the order. (Rec. Doc....
REPORT AND RECOMMENDATION PATRICK J. HANNA, Magistrate Judge. Dannon Keith Sellers is an inmate in the custody of Louisiana's Department of Public Safety and Corrections. He is incarcerated at the Winn Correctional Center in Winnfield, Louisiana, serving a ten year sentence imposed following his 2009 conviction in the 16 th Judicial District Court, St. Martin Parish, Louisiana, for forcible rape. Sellers filed the instant petition for writ of habeas corpus on June 26, 2012, pursuant to 28...
REPORT AND RECOMMENDATION PATRICK J. HANNA, Magistrate Judge. Before the Court is an appeal of the Commissioner's finding of non-disability. Considering the administrative record, the briefs of the parties, and the applicable law, it is recommended that the Commissioner's decision be reversed and remanded with instructions to award benefits. BACKGROUND On February 6, 2007, Crystal Trahan filed an application for Supplemental Security Income benefits 1 for her daughter, T.T., who was born...
MEMORANDUM RULING ELIZABETH E. FOOTE, District Judge. In this action for declaratory judgment, Plaintiff Kansas City Southern Railway Co. ("KCSR") and Defendant BNSF Railway Co. ("BNSF") dispute whether BNSF has the right to operate its locomotives on certain tracks near Lake Charles, Louisiana without the permission of KCSR. BNSF has filed a motion to dismiss on the issue of whether this Court has subject matter jurisdiction to adjudicate the suit. [Record Document 8]. In response, KCSR...
REPORT & 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 REVERSED and REMANDED for further...
MEMORANDUM RULING KAREN L. HAYES, Magistrate Judge. Before the undersigned Magistrate Judge, on reference from the District Court, is a motion to remand [doc. # 5] filed by Plaintiffs Linda Faye Smith and Larry Smith. Defendant Wal-Mart Louisiana LLC ("Wal-Mart") opposes the motion. For reasons stated below, the motion to remand is DENIED. 1 Background Linda Faye Smith and her husband, Larry Smith (collectively, "the Smiths") filed the above-captioned suit on September 11, 2012, against...
ORDER KAREN L. HAYES, Magistrate 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, IT IS ORDERED that the motion to dismiss for improper venue pursuant to Fed.R.Civ.P. 12(b)(3), and in the alternative to transfer pursuant to 28 U.S.C. 1406(a) or 1404(a) [Doc. No. 7] is...
REPORT AND RECOMMENDATION KAREN L. HAYES, Magistrate Judge. Before the undersigned magistrate judge, on reference from the District Court, is a motion to dismiss for improper venue pursuant to Fed.R.Civ.P. 12(b)(3), and in the alternative to transfer pursuant to 28 U.S.C. 1406(a) or 1404(a). The motion is opposed. For reasons set forth below, it is recommended that the motion be GRANTED IN PART, and that the matter be TRANSFERRED to the United States District Court for the Eastern...
MEMORANDUM ORDER KAREN L. HAYES, Magistrate Judge. Pending before the Court is a Motion for Modification or Reduction of Sentence Based upon an Intervening Post-Sentence Change in the United States Sentencing Guidelines Pertaining to Corollary Criminal History Category (Amendment 12) Which Effectively Lower's Petitioner's Term of Imprisonment ("Motion for Modification") [Doc. No. 37] filed by Defendant Reba Dale Moody ("Moody"). Moody was sentenced by this Court on August 20, 2007, to serve...
REPORT AND RECOMMENDATION KAREN L. HAYES, Magistrate Judge. Before the undersigned magistrate judge, on reference from the District Court, is a motion to dismiss for improper venue pursuant to Fed.R.Civ.P. 12(b)(3), and in the alternative to transfer pursuant to 28 U.S.C. 1406(a) or 1404(a). The motion is opposed. For reasons set forth below, it is recommended that the motion be GRANTED IN PART, and that the matter be TRANSFERRED to the United States District Court for the Eastern...
ORDER ROBERT G. JAMES, 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, IT IS ORDERED that the motion to dismiss for improper venue pursuant to Fed.R.Civ.P. 12(b)(3), and in the alternative to transfer pursuant to 28 U.S.C. 1406(a) or 1404(a) [Doc. No. 7] is...
MEMORANDUM ORDER KAREN L. HAYES, Magistrate Judge. Before the Court is a motion to limit Rule 30(b)(6) notice of deposition and accompanying request for production of documents [doc. # 32] filed by Defendant, PETCO Animal Supplies Stores, Inc. ("PETCO"). The motion is opposed. For reasons explained below, the motion is GRANTED IN PART. 1 Background On, or about June 20, 2012, Plaintiffs Brenda Aldridge, and her husband, John Aldridge, filed the instant suit for damages against PETCO in...
MEMORANDUM RULING MARK L. HORNSBY, Magistrate Judge. Before the Court is a Motion for Summary Judgment (Record Document 17) filed by Defendant Booker T. Washington Guest Care, LLC ("BTW"). BTW moves for dismissal of Plaintiff Moranda M. Powell's ("Powell") religious discrimination, retaliation, invasion of privacy, and various Louisiana state law claims. See id. Powell opposed the motion. See Record Document 19. For the reasons which follow, the Motion for Summary Judgment is GRANTED...
REPORT AND RECOMMENDATION MARK L. HORNSBY, Magistrate Judge. Introduction Defendant, a three-time convicted felon, is charged in this court as a Felon in Possession of a Firearm. 18 U.S.C. 922(g)(1). The current charge arises out of a traffic stop in Shreveport. Before the court is Defendant's Motion to Suppress. Doc. 33. Defendant argues that the search of his vehicle and the subsequent search of his residence violated the Fourth Amendment. For the reasons that follow, it is recommended...
MEMORANDUM RULING S. MAURICE HICKS, Jr., District Judge. Before this Court is a FRCP Rule 12(b)(6) Motion to Dismiss (Record Document 11) filed by Defendant, Pfizer, Inc. ("Pfizer"). The motion avers that this Court should dismiss Plaintiffs' Complaint because "(1) [P]laintiffs impermissibly plead product liability claims that fall outside the Louisiana Product Liability Act, La. Rev. Stat. 9:2800.51-60 ("LPLA") and (2) to the extent they do attempt to plead LPLA claims, they have failed...
MEMORANDUM RULING KAREN L. HAYES, Magistrate Judge. On July 3, 2013, Defendant, Safeco Insurance Company of Illinois, removed this matter to federal court on the basis of diversity jurisdiction, 28 U.S.C. 1332. (Notice of Removal). By separate order entered this date, the undersigned granted remaining Plaintiff Louise Barthol's unopposed motion for leave to amend her complaint to join former Plaintiff, George Petty, as a defendant. (Aug. 27, 2013, Order [doc. #12]). 1 Both George Petty...
