REPORT AND RECOMMENDATION CAROL B. WHITEHURST , Magistrate Judge . Before the undersigned, on referral from the district judge, is a Motion To Dismiss pursuant to Rule 12(b)(2) and Rule 12(b)(6) filed by defendant, Mercedes-Benz USA, L.L.C. ("MBUSA") [Rec. Doc. 20,], Plaintiff, Gene Dupree's, Opposition [Rec. Doc. 24] and MBUSA's Reply thereto [Rec. Doc. 29]. For the reasons that follow, the Court will recommend that the Motion be granted in part and denied in part. I. BACKGROUND This...
REPORT AND RECOMMENDATION KATHLEEN KAY , Magistrate Judge . Before the court is a Motion to Remand filed by plaintiff, Vickie Holly. Doc. 9. The motion is opposed by defendants Boyd Gaming Corporation, Boyd Louisiana Racing, LLC, and Boyd Racing, LLC d/b/a Delta Downs Racetrack, Casino, and Hotel (collectively referred to as "defendants"). Doc. 11. The motion has been referred to the undersigned in accordance with the provisions of 28 U.S.C. 636 for review, report, and recommendation....
REPORT AND RECOMMENDATION KATHLEEN KAY , Magistrate Judge . Before the court is a Motion to Remand filed by plaintiff Christopher Ferguson. Doc. 5. The motion is opposed by defendants Arch Insurance Company and Arm Trucking, Inc. (hereinafter collectively referred to as "defendants".) Doc. 15. The motion has been referred to the undersigned for review, report, and recommendation in accordance with the provisions of 28 U.S.C. 636. For the reasons that follow, IT IS RECOMMENDED that...
REPORT AND RECOMMENDATION CAROL B. WHITEHURST , Magistrate Judge . Before the undersigned, on referral from the district judge, is the Motion to Dismiss Complaint filed by defendants St. Jude Medical, LLC and Pacesetter, Inc., ("defendants') [Doc. 8]. The motion is unopposed. For the following reasons, IT IS RECOMMENDED that the motion to dismiss be GRANTED. I. BACKGROUND The instant lawsuit was filed directly in this Court and alleges injuries caused by defects in the St. Jude Riata...
REPORT AND RECOMMENDATION CAROL B. WHITEHURST , Magistrate Judge . Before the undersigned, on referral from the district judge, is the Motion to Dismiss pursuant to Rule 12(b)(6) filed by defendant, Sellers & Associates, Inc. ("Sellers") [Doc. 33]. Plaintiff, Hartford Casualty Insurance Company ("Hartford"), filed an opposition brief [Doc. 36], and Sellers filed a Reply brief [Doc. 39]. After review of the briefs and the applicable law, the undersigned RECOMMENDS that the motion to dismiss...
REPORT AND RECOMMENDATION ON FELONY GUILTY PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE PATRICK J. HANNA , Magistrate Judge . Pursuant to Title 28, United States Code, Section 636(b), and with the written and oral consent of the defendant, this matter was referred by the District Court for administration of guilty plea and allocution under Rule 11 of the Federal Rules of Criminal Procedure. This cause came before the undersigned United States Magistrate Judge for a change of plea...
REPORT AND RECOMMENDATION ON FELONY GUILTY PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE PATRICK J. HANNA , Magistrate Judge . Pursuant to Title 28, United States Code, Section 636(b), and with the written and oral consent of the defendant, this matter has been referred by the District Court for administration of guilty plea and allocution under Rule 11 of the Federal Rules of Criminal Procedure. This cause came before the undersigned United States Magistrate Judge for a change of plea...
REPORT AND RECOMMENDATION KAREN L. HAYES , Magistrate Judge . Pro se petitioner Terresz L. Robinson, an inmate incarcerated at the Louisiana State Penitentiary in Angola, filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 on May 23, 2019. Robinson attacks his February 17, 2014, convictions and the resulting sentence imposed by the Fourth Judicial District Court, Parish of Ouachita, State of Louisiana. This matter has been referred to the undersigned for...
JUDGMENT TERRY A. DOUGHTY , District Judge . The Report and Recommendation [Doc. No. 16] of the Magistrate Judge having been considered, no objections having been filed, and finding that the same is supported by the law and the record in this matter, IT IS ORDERED, ADJUDGED, AND DECREED that Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. 2254, [Doc. No. 1], is DENIED and DISMISSED WITH PREJUDICE.
JUDGMENT JAMES D. CAIN, JR. , District Judge . For the reasons stated in the Report and Recommendation [doc. 36] of the Magistrate Judge previously filed herein, determining that the findings are correct under applicable law, and noting the lack of objections to the Report and Recommendation in the record; IT IS ORDERED that Louisiana Companies, Inc. be DISMISSED WITHOUT PREJUDICE.
MEMORANDUM RULING TERRY A. DOUGHTY , District Judge . Currently pending is the Defendant Hannie Development Inc.'s (Defendant) Motion for Attorneys' Fees and Costs [Doc. No. 75]. Also pending is the Plaintiff Colonial Oaks Assisted Living Lafayette's (Plaintiff) Motion to Dismiss Motion for Attorneys' Fees and Costs [Doc. No. 78]. For the reasons set forth herein, the Defendant's Motion for Attorneys' Fees and Costs [Doc. No. 75] is DENIED as premature, without prejudice, to the...
JUDGMENT TERRY A. DOUGHTY , District Judge . The Report and Recommendation of the Magistrate Judge having been considered, no objections thereto having been filed, and finding that same is supported by the law and the record in this matter, IT IS ORDERED, ADJUDGED, AND DECREED that plaintiff's Petition for Attorney Fees [doc. # 24] is GRANTED IN PART, and that the Commissioner shall remit to plaintiff's counsel a check made payable to plaintiff Jamie S. Roark for attorney fees in the...
REPORT AND RECOMMENDATION KAREN L. HAYES , Magistrate Judge . Before the undersigned Magistrate Judge, on reference from the District Court, is a Petition for Attorney Fees [doc. # 24] filed by plaintiff Jamie S. Roark pursuant to the Equal Access to Justice Act ("EAJA") 28 U.S.C. 2412. The Commissioner does not contest the fee request in principle, but interposes two objections: 1) the requested number of hours are excessive and/or unjustified under the EAJA; and 2) plaintiff's costs/...
JUDGMENT DONALD E. WALTER , District Judge . For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, including the written objections filed, and concurring with the findings of the Magistrate Judge under the applicable law; IT IS ORDERED that Petitioner's Petition for Writ of Habeas Corpus is DENIED. Rule 11 of the Rules Governing Section 2254 Proceedings for the U.S. District Courts requires...
MEMORANDUM RULING JAMES D. CAIN, JR. , District Judge . Before the court is a Motion to Dismiss [doc. 10] filed by defendant Marlin McClure under Federal Rule of Civil Procedure 12(b)(1)-(3) and 12(b)(6). Plaintiff Waveland Services, Inc. ("Waveland") opposes the motion. Doc. 12. I. BACKGROUND This suit arises as a dispute between Waveland, a Louisiana business that "provides surface preparation and coating services" to oil platforms off the Gulf Coast and the coast of California, and...
RULING TERRY A. DOUGHTY , District Judge . Pending before the Court is Defendants' Motion to Dismiss and/or Motion for Summary Judgment [Doc. No. 24]. Defendants argue that Plaintiff China Telano ("Telano") improperly named Evans Oil Company, LLC ("Evans") as a Defendant in this employment discrimination matter when she was employed solely by Daily Press, LLC ("Daily Press"). Additionally, Defendants move for dismissal of Telano's claims under Title VII of the Civil Rights Act of 1964 ("...
MEMORANDUM RULING JAMES D. CAIN, JR. , District Judge . Before the court is a Memorandum [doc. 12] filed by plaintiffs in response to the court's ERISA Scheduling Order. Plaintiffs now contend that their claims are not governed by ERISA. Defendant CB&I, LLC has responded [doc. 13]. Plaintiffs have not filed a reply and their time for doing so has passed. I. BACKGROUND Plaintiffs are five construction workers formerly employed by CB&I at a project in Calcasieu Parish, Louisiana. See...
MEMORANDUM RULING DEE D. DRELL , District Judge . Before the court is a motion for summary judgment filed by defendants, Wal-Mart Louisiana, LLC and Wal-Mart Stores, Inc. (collectively referred to as "Wal-Mart") in the above captioned personal injury suit. For the reasons explained herein, the motion for summary judgment will be GRANTED in full, dismissing all claims asserted by plaintiff, Lisa Buchanan ("Buchanan"). Background On June 20, 2016, Buchanan fell in the parking lot of the...
JUDGMENT MICHAEL J. JUNEAU , 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 ORDERED, ADJUDGED, AND DECREED that the motion to dismiss (Rec. Doc. 4) that was filed...
REPORT AND RECOMMENDATION PATRICK J. HANNA , Magistrate Judge . Currently pending is the motion to dismiss, under Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6), which was filed by the defendant, Acadian Ambulance Service, Inc. (Rec. Doc. 4). No opposition to the motion was filed before the deadline established in the court's notice of oral argument. (Rec. Doc. 5). The motion was referred to the undersigned magistrate judge for review, report, and recommendation in accordance with...
