ORDER AND REASONS 1 HELEN G. BERRIGAN, District Judge. Pending before the Court are two motions: a Motion to Remand this suit to the Civil District Court for the Parish of New Orleans (`Motion to Remand') filed by Christa Chaisson Maitland and Gulf Coast Flood, LLC (collectively `Plaintiffs') and a Motion to Dismiss for failure to state a claim filed by State Farm Fire & Casualty Company, State Farm Mutual Automobile Insurance Company, Bryan Schexnayder, Ben Rodriguez, and Ben Rodriguez...
ORDER AND REASONS CARL J. BARBIER, District Judge. Before the Court are Defendants' Motion to Dismiss (Rec. Doc. 6), Plaintiff's opposition to same (Rec. Doc. 7), and Defendants' reply thereto (Rec. Doc. 10). Defendants' motion was set for hearing on December 5, 2012, on the briefs, without oral argument. Having considered the motion and legal memoranda, the record, and the applicable law, the Court finds that Defendants' motion should be GRANTED in part and DENIED in part for the...
ORDER AND REASONS [Granting Final Approval of the Economic and Property Damages Settlement Agreement] CARL BARBIER, District Judge. I. Factual and Procedural History On April 20, 2010, a blowout, explosion, and fire occurred aboard the Deepwater Horizon, a semi-submersible offshore drilling rig, as it was engaged in drilling activities on the "Macondo Well" on the Outer Continental Shelf off the coast of Louisiana. These events led to eleven deaths, dozens of injuries, and a massive...
ORDER AND REASONS MARTIN L.C. FELDMAN, District Judge. Before the Court are three motions: (1) the defendants' motion to dismiss; (2) the plaintiffs' motion for class certification; and (3) the plaintiffs' motion for summary judgment. For the reasons that follow, the defendants' motion to dismiss is DENIED and the plaintiffs' motions for class certification and summary judgment are continued, to be reset because of inadequate briefing. Background This putative class action lawsuit follows...
ORDER LANCE M. AFRICK, District Judge. The Court, having considered the petition, the record, the applicable law, the Magistrate Judge's Report and Recommendation, and the lack of any objections thereto, hereby approves the Magistrate Judge's Report and Recommendation and adopts it as its opinion. Accordingly, IT IS ORDERED that the Petition for Attorney's Fees is GRANTED IN PART to the extent that the Court awards $4,040.00 to plaintiff Jacqueline Thibodeaux under the Equal Access to...
ORDER AND REASONS MARTIN L.C. FELDMAN, District Judge. Before the Court is Diversified Marine Services, LLC's motion to dismiss plaintiff's claims for gross negligence, recklessness, fraud, and punitive damages. For the reasons that follow, the motion is GRANTED with respect to plaintiff's fraud claim, and DENIED with respect to plaintiff's claims for gross negligence, recklessness, and punitive damages. Background This case arises from a failed maritime voyage. Operaciones Tenicas...
ORDER AND REASONS 1 NANNETTE JOLIVETTE BROWN, District Judge. Before the Court is SnoWizard, Inc.'s and Ronald R. Sciortino's (collectively, the "Defendants") Motion to Dismiss Alleged RICO Claims Under Rule 12(b)(6) (Ref: 11-1499). 2 Therein, Defendants request that this court dismiss with prejudice Counts 1 through 24 of the Complaint 3 and Counts 1 through 13 of the Amended Complaint, 4 in Civil Action No. 11-1499. Defendants argue that even assuming all allegations in the plaintiffs'...
ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court are plaintiff J.O.B Investments, LLC's motion to remand 1 and defendant Travelers Indemnity Company of America's motion to sever, 2 which is joined by defendant Mount Hawley Insurance Company. 3 Because the Court finds that plaintiff's joinder of defendants was not egregious, the Court DENIES defendants' motion to sever and GRANTS plaintiff's motion to remand. I. BACKGROUND This case arises out of losses sustained by...
ORDER AND REASONS ELDON E. FALLON, District Judge. Before the Court is Defendant Plaquemines Holdings, LLC's ("Plaquemines Holdings" or "Plaquemines") Motion to Dismiss for Failure to State a Claim. (R. Doc. 15). The Court, after hearing oral arguments by counsel and after reviewing the submitted memoranda and applicable law, now issues this Order and Reasons. I. BACKGROUND The present matter arises out of the alleged sale of a litigious right and represents an attempt to redeem this right....
ORDER AND REASONS NANNETTE JOLIVETTE BROWN, District Judge. Before the Court, among other matters, is New Orleans Home for Incurables, Inc.'s, doing business as John J. Hainkel, Jr., Home and Rehabilitation Center's (hereinafter "Hainkel Home") Motion for Preliminary Injunction, 1 wherein it requests that this Court issue a preliminary injunction enjoining and ordering the Secretary of the Louisiana Department of Health and Hospitals ("DHH"), Bruce Greenstein, (hereinafter "Secretary" or "...
ORDER AND REASONS IVAN L.R. LEMELLE, District Judge. Before the Court are Defendants St. Tammany Parish Fire District #12, Darrell Guillot, and Stephen Krentel's ("Defendants") Motion for Summary Judgement and Plaintiff Jamie Truett's ("Truett") Opposition to Defendants' Motion for Summary Judgment. (Rec. Docs. No. 25 & 43). Accordingly, and for the reasons articulated below, IT IS ORDERED that Defendants' Motion for Summary Judgment Judgment is DENIED. Cause of Action and Facts of the...
ORDER AND REASONS NANNETTE JOLIVETTE BROWN, District Judge. Before the Court is Plaintiff, Defendant-in-counterclaim, SnoWizard, Inc.'s ("SnoWizard") Motion for Summary Judgment regarding Defendants Raggs Supply, LP and its general partner Doty Management, LLC's (collectively, "Raggs") counterclaims. 1 In SnoWizard's motion, it requests that this Court dismiss Raggs' remaining counterclaims against SnoWizard which have its "`Count 1, Breach of Contract,' `Count 2, Tortious Interference with...
ORDER KAREN WELLS ROBY, United States Magistrate Judge. Before the Court is Defendant's Motion for Summary Judgment (R. Doc. 41), filed by Defendant, Target Media Partners Operating Company, LLC, ("Target"), seeking dismissal of all claims filed against it in the instant matter by Plaintiff, Wakaa Elwakil, ("Elwakil"). 1 The motion was set to be heard on the briefs on Wednesday, August 29, 2012, and was continued until September 5, 2012. The motion is opposed. (R. Doc. 44). Target...
ORDER AND REASONS NANNETTE JOLIVETTE BROWN, District Judge. Before the Court is Defendant United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry Local Union Number 60's ("Defendant") Motion to Dismiss or, in the Alternative, for Summary Judgment, 1 which seeks to dismiss Plaintiff Valentine Mills's ("Plaintiff") claims on the basis that they are preempted and time-barred. Having considered the motion, the response, the reply, the record, and the...
ORDER & REASONS [As to the Motions to Dismiss the Pure Stigma, BP Dealer, and Recreation Claims] CARL BARBIER, District Judge. Before the Court are certain Defendants' 1 motions to dismiss the "Pure Stigma Claims," "BP Dealer Claims," and "Recreation Claims." 2 Oral argument was held on September 14, 2012. Having considered counsel's arguments, the relevant record, and the applicable law, the Court finds the motions should be GRANTED as set forth below. I. PROCEDURAL AND FACTUAL...
OPINION IVAN L.R. LEMELLE, District Judge. This litigation involves complicated fact pattens and interwoven legal issues. It begins with a series of vessel chartering agreements by American Commercial Lines, Inc. ("ACL") and D.R.D. Towing Company, LLC ("DRD") — an arrangement described by ACL as a "two step, two contract process". Record Document Number 1381, p. 55. The pertinent arrangement involves charter for the M/V MEL OLIVER ("MEL OLIVER"). In another vein, we are presented with...
ORDER & REASONS ELDON E. FALLON, District Judge. Before the Court are the following four motions: (1) Taishan Gypsum Co. Ltd's ("TG") Renewed Motion to Vacate the Default Judgment and Dismiss the Complaint in Germano v. Taishan Gypsum Co., Ltd., Case No. 09-6687 (R. Doc. 13490); (2) TG's Renewed Motion Pursuant to Rules 55(c) and 12(b)(2) to Vacate the Entry of Default and Dismiss This Action in The Mitchell Co., Inc. v. Knauf Gips KG, Case No. 09-4115 (R. Doc. 13566); (3) TG and Taian...
ORDER LANCE M. AFRICK, District Judge. The Court, having considered the motions, the record, the applicable law, the Magistrate Judge's Report and Recommendation, and the objection by plaintiff, Brenda Aimee Smith, which is hereby OVERRULED, approves the Magistrate Judge's Report and Recommendation and adopts it as its opinion herein. Accordingly, IT IS ORDERED that plaintiff's motion for summary judgment is DENIED and that defendant's motion for summary judgment is GRANTED. REPORT...
RULING ON MOTION FOR SUMMARY JUDGMENT JANE TRICHE MILAZZO, District Judge. The matter before the Court is a Motion for Summary Judgment filed by Plaintiff, United Medical Healthcare, Inc. ("United") (Doc. 20) and a Cross-Motion for Summary Judgment filed by Defendant, Kathleen Sebelius, Secretary of the Department of Health and Human Services ("HHS") (Doc. 25). For the following reasons, Plaintiff's Motion for Summary Judgment is DENIED and Defendant's Cross-Motion is GRANTED. BACKGROUND...
ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court are Ray Guccione's motion for partial summary judgment on CheckPoint's claim for breach of fiduciary duty and RAM Repairs and Guccione's motion for partial summary judgment on peremption grounds for claims under the Louisiana Uniform Trade Secrets Act ("LUTSA"), the Louisiana Unfair Trade Practice and Consumer Protection Act ("LUTPA"), and the Lanham Act. Also before the Court are CheckPoint's motions for partial summary...
