RULING DEE D. DRELL , JUDGE . This matter involves claims brought by the plaintiff, Joseph C. Thibodeaux ("Thibodeaux"), against the defendant, Ensco Offshore Company ("Ensco"), under the Jones Act and General Maritime Law of the United States. Thibodeaux seeks damages for injuries he sustained on October 1, 2011, while serving as a deck foreman aboard the Mobile Offshore Drilling Unit Ensco Rig 90 ("Ensco 90"). 1 Thibodeaux asserts negligence and unseaworthiness claims under the Jones...
ORDER DONALD E. WALTER , District Judge . For the reasons assigned in the Report and Recommendation of the Magistrate Judge [Doc. #33], and in the transcript previously filed herein, [Doc. #29] and having thoroughly reviewed the record, with the defendant having waived the period for filing objections [Doc. #28], and concurring with the finding of the Magistrate Judge under applicable law: IT IS ORDERED that the GUILTY PLEA entered by defendant Patrick Dylan Drawl on December 20, 2017...
MEMORANDUM RULING JAMES T. TRIMBLE, JR. , District Judge . Before the court is "Wal-Mart Louisiana, LLC's Motion for Summary Judgment" (R. #12) wherein Defendant, Wal-Mart Louisiana, LLC ("Wal-Mart") seeks to be dismissed from the instant lawsuit pursuant to rule 56 of the Federal Rules of Civil Procedure. STATEMENT OF FACTS Plaintiff, Melanee Bryant, was involved in a slip and fall accident at Register 12 in a Wal-Mart store on October 5, 2015. 1 It is undisputed that there is no...
MEMORANDUM RULING: DEFENDANTS' AMENDED MOTION TO TRANSFER VENUE OR, IN THE ALTERNATIVE, TO DISMISS REBECCA F. DOHERTY , District Judge . I. INTRODUCTION Pending before this Court is an Amended Motion to Transfer Venue, or in the Alternative, to Dismiss (hereinafter referred to as the "Motion") filed by defendants Takeda Pharmaceuticals USA, Inc. (f/k/a Takeda Pharmaceutical North America, Inc.), Takeda Development Center Americas, Inc. (f/k/a Takeda Global Research & Development Center,...
JUDGMENT DEE D. DRELL , 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 filed herein, and having determined that the findings and recommendation are correct under the applicable law; IT IS ORDERED that Delta Assets' Motion to Remand (Doc. 13) is GRANTED and this case is REMANDED to the Louisiana Twelfth Judicial District Court in...
JUDGMENT DONALD E. WALTER , 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 consideration of objections filed [Docs. ##88, 89, 91, 92], this Court concludes that the Magistrate Judge's report and recommendation [Doc. #87] is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED, consistent with the...
JUDGMENT DONALD E. WALTER , District Judge . For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law; IT IS ORDERED, ADJUDGED AND DECREED that the petition for writ of habeas corpus filed pursuant to 28 U.S.C. 2254 is hereby DENIED and DISMISSED WITH PREJUDICE.
REPORT AND RECOMMENDATION JOSEPH H.L. PEREZ-MONTES , Magistrate Judge . Before the Court is a Motion to Remand (Doc. 15) filed by Plaintiff Nelda Mason ("Mason"). Mason alleges the amount in controversy does not exceed $75,000. Defendants Roberta Danza ("Danza") and Titan Indemnity Company ("Titan") (collectively "Defendants") consent to the motion. (Doc. 19). Because Defendants failed to carry their burden of establishing that Mason's damages, more likely than not, exceed $75,000, Mason'...
REPORT AND RECOMMENDATIONS JOSEPH H.L. PEREZ-MONTES , Magistrate Judge . Before the Court is a Motion for Summary Judgment (Doc. 16) filed by pro se Petitioner Devonte Mitchell (#583988) ("Mitchell"). Because the motion for summary judgment essentially reiterates Mitchell's arguments in his underlying habeas petition, Mitchell's Motion for Summary Judgment (Doc. 16) should be denied. I. Background Mitchell filed a petition for writ of habeas corpus (28 U.S.C. 2254). (Doc. 1)....
REPORT AND RECOMMENDATION JOSEPH H.L. PEREZ-MONTES , Magistrate Judge . I. Background Before the Court is a suit filed by the Louisiana Division of the Sons of Confederate Veterans, pursuant to 42 U.S.C. 1983, for alleged violations of Plaintiff's right to freedom of expression under the First Amendment to the United States Constitution (Docs. 1, 32, 73). The named defendants are the City of Natchitoches, Mayor Lee Posey, Samantha Bonnette (the Main Street and Public Relations...
MEMORANDUM RULING JAMES T. TRIMBLE, JR. , District Judge . Before the court is a motion for summary judgment (R. #51) filed by Hyster-Yale Group, Inc. 1 and Hyster-Yale Material Handling, Inc. (collectively referred to as "Hyster") wherein these Defendants seek to be dismissed from the instant lawsuit. These Defendants assert that Plaintiff cannot meet his burden of proof under the Louisiana Products Liability Act. STATEMENT OF FACTS Plaintiff, Alan Thompson, filed the instant lawsuit...
ORDER DEE D. DRELL , District Judge . For the reasons stated in Defendant's mental health evaluation dated December 8, 2017 (to be filed under seal herein), I find that Defendant cannot presently assist in his defense. Therefore, IT IS ORDERED that, in accordance with 18 U.S.C., 4241(d), Defendant be committed to the custody of the Attorney General for a period not to exceed four months for the purpose of treatment with a view toward returning Defendant to competency. A report shall be...
REPORT AND RECOMMENDATION KAREN L. HAYES , Magistrate Judge . Before the undersigned magistrate judge, on reference from the district court, are two motions: 1) motion for partial dismissal for lack of subject matter jurisdiction [doc. # 7] filed by the United States; and 2) motion to dismiss for perjury [doc. # 26] filed by plaintiff Kenyon Garrett. For reasons assigned below, it is recommended that the government's motion [doc. # 7] be granted-in-part and denied-in-part, and that...
REPORT AND RECOMMENDATION KAREN L. HAYES , Magistrate Judge . Petitioner Tremaine Taylor ("Taylor") filed the instant petition for federal habeas corpus relief on August 25, 2017. Petitioner is incarcerated at the Louisiana State Penitentiary in Angola, Louisiana, where he is serving a ninety year sentence imposed by the Fourth Judicial District Court for Ouachita Parish, Louisiana, following his 2005 conviction for attempted second degree murder, armed robbery and two counts of...
REPORT AND RECOMMENDATION CAROL B. WHITEHURST , Magistrate Judge . Before the undersigned, on referral from the district judge, is a Rule 12(b)(6) Motion To Dismiss filed by Defendant Conrad Industries Inc. ("Conrad") [Rec. Doc. 14], an Opposition filed by Plaintiffs, Luis Vasquez Sanchez ("Sanchez") and Jesus Elias Sanchez Escobar ("Escobar"), on behalf of themselves and other persons similarly situated [Rec. Doc. 16], and Conrad's Reply thereto [Rec. Doc. 19]. Defendants move the Court...
REPORT AND RECOMMENDATION PATRICK J. HANNA , Magistrate Judge . Pending before the court is the defendant's motion to dismiss the plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Rec. Doc. 8). The motion is opposed. 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 the court. For the following reasons, it is recommended that the...
REPORT AND RECOMMENDATION CAROL B. WHITEHURST , Magistrate Judge . Before the Court, on referral from the district judge, is a Motion to Dismiss Pursuant to Rule 12(b)(6) [Doc. 5] filed by defendant Harbor Freight Tools, USA, Inc.("defendant"). Plaintiff Troy W. Chiasson opposes the motion [Doc. 7], and defendant has filed a Reply brief [Doc. 11]. For the reasons that follow, the undersigned recommends that the motion be DENIED. I. FACTUAL AND PROCEDURAL BACKGROUND This action was...
REPORT AND RECOMMENDATION PATRICK J. HANNA , Magistrate Judge . Currently pending is the defendant's motion to dismiss the plaintiff's complaint and compel arbitration. (Rec. Doc. 6). The motion is opposed. (Rec. Doc. 13). 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. Upon initial review of the motion, this Court deferred ruling, ordered the...
REPORT AND RECOMMENDATION JOSEPH H.L. PEREZ-MONTES , Magistrate Judge . Plaintiff Cary Ellis Malone ("Malone"), proceeding pro se and in forma pauperis, filed a civil rights complaint under 42 U.S.C. 1983 on May 31, 2017. (Doc. 1). Malone names as Defendants Jonathan D. Campbell, Monroe Police Department ("Campbell"), 1 Holly Chambers Jones, Assistant District Attorney ("Jones"), George Britton, Ouachita Parish Public Defender's Office ("Britton"), and Jay Nolan, Ouachita Parish...
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 lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b)(1) [doc. # 27] filed by defendant, Ruston Louisiana Hospital Company, LLC d/b/a Northern Louisiana Medical Center ("NLMC")]. The motion is unopposed. For reasons stated below, it is recommended that the motion to dismiss be GRANTED, and that plaintiff's complaint be...
