THIS DOCUMENT RELATES TO ALL DIRECT-PURCHASER PLAINTIFF CASES ORDER AND REASONS SARAH S. VANCE, District Judge. All of the defendants move to dismiss the direct purchaser plaintiffs' claims of a per se illegal horizontal conspiracy and fraudulent concealment. 1 Defendants Pool Corporation, SCP Distributors LLC, and Superior Pool Products (collectively "Pool") jointly filed one motion, and manufacturer defendants Hayward Industries, Inc., Pentair Water Pool and Spa, Inc., and Zodiac Pool...
ORDER AND REASONS JAY C. ZAINEY, District Judge. Before the Court is a Motion to Remand (Rec. Doc. 7) filed by plaintiff, Bryan J. Lorenzo. Defendant, State Farm Mutual Automobile Insurance Co., opposes the motion. The motion, scheduled for submission on September 11, 2013, is before the Court on the briefs without oral argument. For the reasons that follow, the motion is GRANTED. I. BACKGROUND This lawsuit arises out of an insurance claim made by non-party Daniel R. Anderson against his...
OPINION SUSIE MORGAN, District Judge. This matter was tried to the Court over four days on the claim of Plaintiffs Offshore Speciality Fabricators, LLC and Offshore Express, LLC (together, "OSF") against Defendant Dumas International, Inc. ("Dumas") for negligent work on one of OSF's vessels, and on Dumas's counterclaim against OSF for unpaid invoices for repair of damage resulting from failure of the vessel's engine. 1 The Court has original jurisdiction over the claims pursuant to 28 U.S.C....
ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is the motion for summary judgment of defendants Great-West Life & Annuity Insurance Company and Regions Investment Services, Inc. For the following reasons, the Court GRANTS the motion. I. BACKGROUND On April 29, 2010, plaintiff Latoya Rideau and her husband, Christopher Rideau, visited the Regions Bank located at 947 State Street, Jackson, Mississippi, 1 and met with agent Tammy Lunsford in order to purchase a $150,000...
ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court are defendant Zen-Noh Grain Corporation's ("Zen-Noh") motions to exclude the testimony of Timothy Desselles, 1 Stephen Mattison, 2 Kimberly McIntyre, 3 Anna Migliore, 4 Yousheng Zeng, Ph.D., 5 Bill Palermo, 6 and Don Elias, 7 as well as its motion for summary judgment. 8 Also before the Court is plaintiff Consolidated Environmental Management Inc. — Nucor Steel Louisiana's ("Nucor") motion in limine to preclude Zen-...
ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is defendant Bollinger's 1 motion to dismiss the United States' First Amended Complaint. 2 For the following reasons, the Court GRANTS Bollinger's motion to dismiss. I. Background A. Procedural History On July 29, 2011, the United States filed its original complaint against Bollinger based on allegations that "Bollinger knowingly misled the Coast Guard to enter into a contract for the lengthening of Coast Guard cutters...
ORDER AND REASONS NANNETTE JOLIVETTE BROWN, District Judge. This case is about whether a school system unconstitutionally and tortiously adjudicated allegations that one of its students misbehaved during a field trip. Before the Court is a Motion for Summary Judgment 1 filed by Defendants St. Tammany Parish School Board (the "Board") and Kevin Darouse ("Darouse"). Defendants seek dismissal of all claims brought by Plaintiffs Janet Robinson ("Robinson") and her daughter, A.R. The Court...
ORDER AND REASONS MARTIN L.C. FELDMAN, District Judge. Before the Court is the defendant's objection to the base level offense of 20 in the Pre-Sentence Report. For the reasons that follow, the objection is SUSTAINED; the base offense level should be 14. Background On November 14, 2012 Antonio Jones pled guilty to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1) and 924(a)(2). 1 Jones faces a maximum penalty of 10 years imprisonment, followed...
ORDER AND REASONS JANETRICHE MILAZZO, District Judge. Before the Court are cross Motions for Summary Judgment filed by Defendants Kinder Morgan Bulk Terminals, Inc., Kinder Morgan Liquids Terminals, LLC, and Kinder Morgan Energy Partners, LP (collectively "GATX"), Defendant Valero Refining Texas, LP ("Valero"), and Plaintiff. For the following reasons, GATX's Motion (R. Doc. 216) is GRANTED, and Plaintiff's cross Motion (R. Doc. 209) is DENIED AS MOOT. Valero's Motion (R. Doc. 197) is DENIED,...
ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that this matter is REMANDED to the Civil District Court, Parish of Orleans, State of Louisiana for lack of subject matter jurisdiction. BACKGROUND This matter is before the court to examine whether this court has subject matter jurisdiction over this action. This action was severed from the proposed class action, Louisiana v. AAA Ins. , Civil Action No. 07-5528, in the United States District Court for the...
ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that this matter is REMANDED to the Civil District Court, Parish of Orleans, State of Louisiana for lack of subject matter jurisdiction. BACKGROUND This matter is before the court to examine whether this court has subject matter jurisdiction over this action. This action was severed from the proposed class action, Louisiana v. AAA Ins. , Civil Action No. 07-5528, in the United States District Court for the...
ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that this matter is REMANDED to the Civil District Court, Parish of Orleans, State of Louisiana for lack of subject matter jurisdiction. BACKGROUND This matter is before the court to examine whether this court has subject matter jurisdiction over this action. This action was severed from the proposed class action, Louisiana v. AAA Ins. , Civil Action No. 07-5528, in the United States District Court for the...
ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that this matter is REMANDED to the Civil District Court, Parish of Orleans, State of Louisiana for lack of subject matter jurisdiction. BACKGROUND This matter is before the court to examine whether this court has subject matter jurisdiction over this action. This action was severed from the proposed class action, Louisiana v. AAA Ins. , Civil Action No. 07-5528, in the United States District Court for the...
ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that this matter is REMANDED to the Civil District Court, Parish of Orleans, State of Louisiana for lack of subject matter jurisdiction. BACKGROUND This matter is before the court to examine whether this court has subject matter jurisdiction over this action. This action was severed from the proposed class action, Louisiana v. AAA Ins. , Civil Action No. 07-5528, in the United States District Court for the...
ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that this matter is REMANDED to the Civil District Court, Parish of Orleans, State of Louisiana for lack of subject matter jurisdiction. BACKGROUND This matter is before the court to examine whether this court has subject matter jurisdiction over this action. This action was severed from the proposed class action, Louisiana v. AAA Ins. , Civil Action No. 07-5528, in the United States District Court for the...
ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that this matter is REMANDED to the Civil District Court, Parish of Orleans, State of Louisiana for lack of subject matter jurisdiction. BACKGROUND This matter is before the court to examine whether this court has subject matter jurisdiction over this action. This action was severed from the proposed class action, Louisiana v. AAA Ins. , Civil Action No. 07-5528, in the United States District Court for the...
ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that this matter is REMANDED to the Civil District Court, Parish of Orleans, State of Louisiana for lack of subject matter jurisdiction. BACKGROUND This matter is before the court to examine whether this court has subject matter jurisdiction over this action. This action was severed from the proposed class action, Louisiana v. AAA Ins. , Civil Action No. 07-5528, in the United States District Court for the...
ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that this matter is REMANDED to the Civil District Court, Parish of Orleans, State of Louisiana for lack of subject matter jurisdiction. BACKGROUND This matter is before the court to examine whether this court has subject matter jurisdiction over this action. This action was severed from the proposed class action, Louisiana v. AAA Ins. , Civil Action No. 07-5528, in the United States District Court for the...
ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that this matter is REMANDED to the Civil District Court, Parish of Orleans, State of Louisiana for lack of subject matter jurisdiction. BACKGROUND This matter is before the court to examine whether this court has subject matter jurisdiction over this action. This action was severed from the proposed class action, Louisiana v. AAA Ins. , Civil Action No. 07-5528, in the United States District Court for the...
ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that this matter is REMANDED to the Civil District Court, Parish of Orleans, State of Louisiana for lack of subject matter jurisdiction. BACKGROUND This matter is before the court to examine whether this court has subject matter jurisdiction over this action. This action was severed from the proposed class action, Louisiana v. AAA Ins. , Civil Action No. 07-5528, in the United States District Court for the...
