ORDER AND REASONS MARTIN L.C. FELDMAN, District Judge. Before the Court are the Government's motion to dismiss the petition for hearing by Ashley Cummings and motion to dismiss the petition for hearing by Marsha Ginn. For the following reasons, the motions are GRANTED. Background Darrell Ginn pleaded guilty to two counts of possession with intent to distribute 50 grams or more of cocaine base in violation of 21 U.S.C. 841(a)(1). On March 10, 2010, this Court issued a preliminary order...
ORDER & REASONS ELDON E. FALLON, District Judge. Currently pending before this Court is Plaintiff Liaison Counsel ("PLC")'s Motion for an Award of Plaintiffs' Common Benefit Counsel Fees and Reimbursement of Expenses (Rec. Doc. 17642). Having previously resolved the issue of reimbursement of expenses, 1 the Court now turns its attention to a determination of the appropriate common benefit fee amount. 2 I. FACTUAL BACKGROUND To put this matter in perspective, a brief review of this...
ORDER & REASONS ELDON E. FALLON, District Judge. Before the Court are the following motions filed by homeowners' insurance carriers (collectively referred to as the "Insurers"): (1) Allstate Insurance Company's ("Allstate") Motion to Dismiss (R. 4472); (2) ASI Lloyds' Rule 12(c) Motion for Judgment on the Pleadings (R. 4462); (3) Auto Club Family Insurance Company's ("Auto Club") Rule 12(b)(6) Motion to Dismiss (R. 4651); (4) Federal Insurance Company's ("Federal") Rule 12(b)(6) Motion...
ORDER & REASONS ELDON E. FALLON, District Judge. Before the Court is Defendant Triangle Oil & Gas, Inc.'s ("Triangle") Motion for Summary Judgment on Nabors Offshore Corp.'s Complaint. (R. 105). The Court, having received extensive briefing and heard from the parties on oral argument, is now ready to rule. For the following reasons, Triangle's Motion is DENIED. I. BACKGROUND This case originally arose from personal injuries sustained in connection with three incidents that occurred aboard...
ORDER & REASONS ELDON E. FALLON, District Judge. I. Background This case arises from an accident aboard an oil platform in the Bay of Campeche off the coast of Mexico. Plaintiff Keith Taylor 1 alleges that he was employed by Pride Offshore as a motorman aboard RIG 1002, a fixed offshore oil platform allegedly owned by Pride International. The record indicates that Plaintiff, a Mississippi citizen, had worked on that platform for several years, pursuant to an employment contract governed by...
ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is third-party defendant Marlin Energy LLC's motion for summary judgment that Triumph Energy LLC is not entitled to indemnification or to be named as an additional insured for first-party plaintiff Noel Butcher's alleged injuries. 1 Because Triumph has failed to create a genuine issue of material fact as to whether Butcher's employer, Superior Offshore International, LLC, was a "representative" of Marlin's, or as to whether...
ORDER & REASONS ELDON C. FALLON, District Judge. Before the Court are a Motion for Summary Judgement filed by Third-Party Plaintiff TGW-Ermanco, Inc. ("TGW-Ermanco") (Rec. Doc. No. 213), a Motion for Summary Judgment filed by Third-Party Defendant Paragon Technologies, Inc. ("Paragon") (Rec. Doc. No. 204), a Motion for Summary Judgment filed by Third-Party Defendant St. Paul Fire and Marine Insurance Co. ("St. Paul") (Rec. Doc. No. 205), and a Motion to Bifurcate Trial filed by St. Paul (...
ORDER AND REASONS SARAH S. VANCE, District Judge. In this action under the Louisiana loan broker statutes and certain articles of the Civil Code, defendants Jackson Hewitt Tax Service Inc. and Jackson Hewitt Inc. (collectively, "Jackson Hewitt") and 1040, Inc. move to dismiss plaintiff's claims on numerous grounds. 1 For the following reasons, the Court GRANTS IN PART and DENIES IN PART defendants' motions. I. BACKGROUND Defendant Jackson Hewitt is the second largest tax preparation...
ORDER AND REASONS 1 HELEN G. BERRIGAN, District Judge. This matter comes before the Court on cross-Motions for Summary Judgment filed by Plaintiff Shaw Constructors, Inc. (Rec. Doc. 38) and by Defendant HPD, LLC (Rec. Doc. 41). Having considered the record, memoranda of counsel and the applicable law, Plaintiff's Motion for Summary Judgment is hereby DENIED and Defendant's Motion for Summary Judgment is hereby GRANTED IN PART and DENIED IN PART. I. Background Shaw Constructors, Inc. ("...
ORDER AND REASONS IVAN L.R. LEMELLE, District Judge. Defendant, Brunswick Corporation, Mercury Marine Division ("Mercury")(incorrectly named as Mercury Marine North America) filed this Motion for Summary Judgment dismissing plaintiff's claims against Mercury, with prejudice. (Rec. Doc. No. 62). Plaintiff, Washed Up on the Beach, L.L.C., ("Washed Up") filed an Opposition to Defendant's Motion for Summary Judgment. (Rec. Doc. No. 66). Mercury then filed a reply. (Rec. Doc. No. 69). For the...
ORDER & REASONS ELDON E. FALLON, District Judge. Before the Court are Plaintiffs Olivier Plantation, LLC, Park Investments, Ltd., and Morning Park, Inc.'s Motion to Sever, Motion to Dismiss, and Motion to Remand. Rec. Doc. No. 5. For the following reasons, these Motions are GRANTED, severing the claim in the Petition from the claim in the Third-Party Demand, remanding the claim in the Petition to the 34th Judicial District Court for the Parish of St. Bernard, Louisiana, and dismissing,...
ORDER AND REASONS IVAN L.R. LEMELLE, District Judge. Before the Court is Defendant's Motion to Dismiss (Rec. Doc. No. 10), Plaintiff's Opposition (Rec. Doc. No. 13), and Defendant's Reply (Rec. Doc. No. 19). IT IS ORDERED that Defendant's Motion to Dismiss (Rec. Doc. No. 10) is hereby GRANTED. In 2006, Plaintiff, Craig W. Stroebel, purchased a home in Metairie, Louisiana that had sustained damage and flooding from Hurricane Katrina. The agreement to purchase the home provided that the...
ORDER AND REASONS SARAH S. VANCE, District Judge. In this action under 42 U.S.C. 1983 and Louisiana law, defendant Ronald Macomber seeks summary judgment on qualified immunity grounds. 1 Because there are genuine issues of material fact as to whether Macomber violated clearly established rights of which a reasonable officer would have known, the Court DENIES Macomber's motion. I. BACKGROUND This case arises out an incident that occurred during the evening of September 4, 2008, shortly...
ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is plaintiffs' motion to remand state class action claims, 1 defendants' motion to dismiss certain claims, 2 defendants' motion to strike class action claims, 3 and plaintiffs' motion to for leave to file a first amended complaint. 4 For the following reasons, the Court DENIES plaintiffs' motion to remand their state law class action claims, GRANTS IN PART and DENIES IN PART defendants' motion to dismiss certain claims,...
ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court are plaintiffs' Motion for Preliminary Injunction (R. Doc. 22), and defendants' Motion to Strike Declarations of Adam Humann and Barry Gerharz (R. Doc. 43). For the following reasons, the motion for a preliminary injunction is GRANTED IN PART and DENIED IN PART and the motion to strike is DENIED. The Court orders injunctive relief as described at the end of this Order. I. Introduction Plaintiffs in this matter are W.B., who...
ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is defendants' Motion to Dismiss (R. Doc. 20). For the following reasons, the motion is DENIED. I. Introduction Plaintiffs in this matter are W.B., who brings this suit through his mother and next friend, Charrie Butler, and also the Advocacy Center for the Elderly and Disabled. The Advocacy Center is part of a network of organizations established under federal law to advocate on behalf of people with disabilities. The...
ORDER AND REASONS SARAH S. VANCE, District Judge. Plaintiff KAI Enterprises moves for summary judgment in this suit involving an alleged breach of a maritime contract (R. Doc. 40). Defendant Boh Bros. files a cross-motion for summary judgment (R. Doc. 75). The motions are both DENIED to the extent discussed in this Order. I. Background On June 1, 2007, KAI and defendant Boh Bros. entered into a bareboat charter under which Boh Bros. was to use the quarters barge ESCAPE to house workers...
ORDER & REASONS ELDON E. FALLON, District Judge. Before the Court are Defendant Allstate Insurance Company's ("Allstate") Motion to Exclude the Expert Report and Testimony of Don Kotter, Rec. Doc. No. 40, and Allstate's Motion for Summary Judgment. Rec. Doc. No. 48. For the following reasons, the Motion to Exclude the Expert Report and Testimony of Don Kotter is DENIED, and the Motion for Summary Judgment is DENIED IN PART and GRANTED IN PART. I. BACKGROUND This case arises out of an...
ORDER AND REASONS LANCE M. AFRICK, District Judge. Before the Court is a motion to dismiss or, alternatively, to stay the above-captioned case, filed by Armco Insurance Group, Inc., Armco Financial Services Corporation, AFSG Holdings Company, Inc., AKS Investments, Inc., and AK Steel Corporation ("AK defendants"). 1 Also before the Court is a motion to dismiss or, alternatively, to stay the above-captioned case filed by Northwestern National Insurance Company of Milwaukee, Wisconsin ("NNIC")...
ORDER AND REASONS MARTIN L.C. FELDMAN, District Judge. Before the Court are two motions: (1) a motion for summary judgment by BG LNG Services, L.L.C., BG North America, L.L.C., and BG Exploration America, Inc. (collectively, BG); and (2) Gulf Coast's motion for partial summary judgment. For the reasons that follow, the defendants' motion is GRANTED and the plaintiff's motion is DENIED. Background This breach of contract action arises out of an oral agreement in which Gulf Coast...
