MEMORANDUM ORDER ROBERT G. JAMES , District Judge . On November 6, 2015, the Court issued a Ruling [Doc. No. 537] and Order [Doc. No. 538], finding that, pursuant to Dorsey v. United States, 132 S.Ct. 2321 (2012), Defendant Emmett L. Minor, Jr. ("Minor") was eligible for a sentence reduction under the Fair Sentencing Act and Amendment 782 to the United States Sentencing Guidelines. The United States Probation Office, the United States Attorney, and counsel for Minor agreed that his...
MEMORANDUM RULING PATRICIA MINALDI , District Judge . Before the court is Leland Hughes and the Louisiana Department of Public Safety and Corrections' ("LDPSC") Motion to Dismiss (Rec. Doc. 14). Larry Butler, the plaintiff, filed an Opposition (Rec. Doc. 17), and the defendants filed a Reply (Rec. Doc. 20). Mr. Butler then filed a Surreply (Rec. Doc. 25), and the defendants filed a Supplemental Memorandum (Rec. Doc. 30). For the following reasons, the defendants' Motion to Dismiss (Rec....
JUDGMENT PATRICIA MINALDI , District Judge . For the reasons stated in the Report and Recommendation (Rec. Doc. 16) of the Magistrate Judge previously filed herein, after an independent review of the record, a de novo determination of the issues, and having determined that the findings are correct under applicable law, IT IS ORDERED that the decision of the Administrative Law Judge is AFFIRMED, and the above captioned matter is DISMISSED WITH PREJUDICE.
JUDGMENT PATRICIA MINALDI , District Judge . For the reasons stated in the Report and Recommendation (Rec. Doc. 30) of the Magistrate Judge previously filed herein, after an independent review of the record, a de novo determination of the issues, and having determined that the findings are correct under applicable law, IT IS ORDERED that the plaintiff's civil rights complaint is DISMISSED in accordance with the provisions of Federal Rule of Civil Procedure 41(b).
JUDGMENT PATRICIA MINALDI , District Judge . For the reasons stated in the Report and Recommendation (Rec. Doc. 21) of the Magistrate Judge previously filed herein, after an independent review of the record, a de novo determination of the issues, and having determined that the findings are correct under applicable law, IT IS ORDERED that the decision of the Administrative Law Judge is AFFIRMED, and the above captioned matter is DISMISSED WITH PREJUDICE.
JUDGMENT PATRICIA MINALDI , District Judge . For the reasons stated in the Report and Recommendation (Rec. Doc. 9) of the Magistrate Judge previously filed herein, after an independent review of the record, a de novo determination of the issues, and having determined that the findings are correct under applicable law, IT IS ORDERED that the decision of the Administrative Law Judge is AFFIRMED, and the above captioned matter is DISMISSED, WITH PREJUDICE.
JUDGMENT PATRICIA MINALDI , District Judge . For the reasons stated in the Report and Recommendation (Rec. Doc. 20) of the Magistrate Judge previously filed herein, after an independent review of the record, a de novo determination of the issues, and having determined that the findings are correct under applicable law, IT IS ORDERED that the decision of the Administrative Law Judge is AFFIRMED, and the above captioned matter is DISMISSED WITH PREJUDICE.
JUDGMENT PATRICIA MINALDI , District Judge . For the reasons stated in the Report and Recommendation (Rec. Doc. 139) of the Magistrate Judge previously filed herein, and after an independent review of the record, determining that the findings are correct under the applicable law, and considering the objections to the Report and Recommendation in the record; IT IS ORDERED that the defendant's Motion for Summary Judgment IS GRANTED and the plaintiff's action is DISMISSED.
REPORT AND RECOMMENDATION ON REQUEST FOR DISTRIBUTION OF FUNDS PATRICK J. HANNA , Magistrate Judge . This Court having reviewed the Request for Distribution of Funds submitted by Kenneth W. DeJean, Deputy Special Master on December 8, 2015, I recommend to the Court that the Request be: Paid ___ Paid, with modifications, for the reasons found in the Memorandum Ruling filed of even date herewith ___ Denied, for the reasons found in the Memorandum Ruling filed of even date herewith. IN...
RULING RICHARD T. HAIK , Senior District Judge . Before the Court is a Motion to Remand filed by Professional Fluid Services, LLC (Doc. #5). After full consideration of the evidence and filings of counsel, the motion is GRANTED for the following reasons: This matter arises from a contract dispute between Professional Fluid Service, LLC (Professional Fluid) and Norsk Bronnswervice AS and NBS Solutions AS (Norsk and NBS). It was originally filed in the 15 th Judicial District Court and...
JUDGMENT DEE D. DRELL , Chief District Judge . For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, and after independent (de novo) review of the record, including the objections and responses thereto filed in this case, and having determined that the proposed findings and recommendations are correct under applicable law; IT IS HEREBY ORDERED that the motion for partial dismissal filed by defendants BEPCO, L.P. and BOPCO, L.P. (...
JUDGMENT RICHARD T. HAIK, Sr. , District Judge . For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, determining that the findings are correct under the applicable law, and considering the objections to the Report and Recommendation in the record; IT IS ORDERED that the instant petition for habeas corpus be DENIED AND DISMISSED WITH PREJUDICE as time barred by the provisions of 28 U.S....
JUDGMENT RICHARD T. HAIK , 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 THEREFORE ORDERED, ADJUDGED, AND DECREED that the Commissioner's decision is REVERSED...
JUDGMENT RICHARD T. HAIK, Sr. , District Judge . For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record including the objections filed by petitioner, and having determined that the findings and recommendation are correct under the applicable law; IT IS ORDERED that the decision of the Commissioner is AFFIRMED and this matter is DISMISSED WITH PREJUDICE.
JUDGMENT RICHARD T. HAIK, Sr. , District Judge . For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record including the objections filed by petitioner, and having determined that the findings and recommendation are correct under the applicable law; IT IS ORDERED that this petition for writ of habeas corpus is DENIED AND DISMISSED WITH PREJUDICE.
RULING ON APPEAL REBECCA F. DOHERTY , District Judge . Currently pending before the Court is an Appeal of an Order issued by the Magistrate Judge filed by plaintiff Iberiabank. [Doc. 44] Pursuant to the appeal, Iberiabank seeks review of Magistrate Judge C. Michael Hill's Order granting in part and denying in part defendant Darryl R. Broussard's Motion for Leave to File a "Second Amended, Supplemental, and Restated Counterclaim." [Doc. 42] Following a review of the Magistrate Judge's...
RULING DEE D. DRELL , Chief District Judge . I. Coverage Provided by Liberty Mutual's Policy On December 7, 2015, a one-day bench trial was held in Lafayette, Louisiana to hear evidence and argument on the final issues in this case. We first took evidence regarding the insurance coverage provided under the Liberty Mutual (Liberty) policy and pertaining to the details of the settlement between Raylin Richard, the original plaintiff, and the business Defendants. The primary issue we have...
RULING RICHARD T. HAIK , Senior District Judge . Before the Court is a Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1), 12(b)(2), 12(b)(3), and 12(b)(6) on behalf of Olukai, LLC (Doc. 10). This matter arises from an alleged trademark infringement arising from the similarity between the Olukai hook logo and the Mojo hook logo. Mojo has been selling sportswear since 2010 under the Mojo brand with their hook mark. On July 22, 2014, Mojo received a cease-and-desist letter from Olukai...
JUDGMENT RICHARD T. HALK , Senior District Judge . Before the Court are the following motions: 1. Motion for Summary Judgment by Tri-Drill, LLC (Doc. 244) 2. Motion for Summary Judgment to Dismiss Plaintiff's Claims for Maintenance and Cure and Punitive Damages by Anadarko Petroleum, Seacor Marine, LLC (Doc. 245) 3. Motion for Summary Judgment by Anadarko Petroleum and Seacor Marine, LLC (Doc. 246) 4. Motion for Summary Judgment by C-Port, LLC (Doc. 247) 5. Daubert Motion to Exclude...
RULING DEE D. DRELL , Chief District Judge . In connection with their motion to remand, Plaintiffs also claim that costs, expenses, and attorney's fees should be awarded pursuant to 28 U.S.C. 1447(c), which states in pertinent part: "An order remanding the case may require payment of just costs, and any actual expenses, including attorney's fees, incurred as a result of the removal." However, such an award is discretionary and there is no automatic entitlement to an award of attorney's...
