REPORT AND RECOMMENDATION MICHAEL B. NORTH, Magistrate Judge. Pursuant to 28 U.S.C. 636(b) and Local Rule 73.2(B), this matter comes before the Court on the parties' cross-motions for summary judgment following a decision of the Commissioner of the Social Security Administration ("SSA") denying Plaintiff's application for Disability Insurance Benefits ("DIB"). (Rec. docs. 10, 15). Ralph David Smith, Plaintiff herein, filed the subject application for DIB on July 8, 2011 alleging disability...
REPORT AND RECOMMENDATION KAREN WELLS ROBY, Magistrate Judge. This matter was referred to a United States Magistrate Judge to conduct hearings, including an evidentiary hearing if necessary, and to submit proposed findings and recommendations pursuant to 28 U.S.C. 636(b)(1)(B) and (C), and as applicable, Rule 8(b) of the Rules Governing Section 2254 Cases. Upon review of the entire record, the Court has determined that this matter can be disposed of without an evidentiary hearing. See...
REPORT AND RECOMMENDATION KAREN WELLS ROBY, Magistrate Judge. This matter was referred to a United States Magistrate Judge to conduct hearings, including an evidentiary hearing if necessary, and to submit proposed findings and recommendations pursuant to 28 U.S.C. 636(b)(1)(B) and (C), and as applicable, Rule 8(b) of the Rules Governing Section 2254 Cases. Upon review of the entire record, the Court has determined that this matter can be disposed of without an evidentiary hearing. See...
ORDER LANCE M. AFRICK, District Judge. The Court has pending before it a motion 1 filed by defendant, Syngenta Seeds, Inc. ("Syngenta"), to stay this matter pending transfer by the Judicial Panel on Multidistrict Litigation ("JPML"), a motion 2 to remand filed by plaintiffs, and a motion 3 filed by plaintiffs for leave to file a response to the notice of supplemental authority filed by defendant notifying the Court of the creation of a Multidistrict Litigation ("MDL") for related cases....
REPORT AND RECOMMENDATION SALLY SHUSHAN, Magistrate Judge. Before the undersigned are: (1) the quantum of fees to be awarded to the defendants, Baltic Panther Limited ("Baltic") and Cooper/T. Smith Mooring Co., Inc. ("Cooper/T. Smith) (Rec. docs. 138 and 143) and (2) the motion of the intervenors, R. Joshua Koch, Jr. and the law firm of Koch and Schmidt LLC (collectively "Koch") and Gino J. Rendeiro, David E. Kavanagh and the law firm of Kavanagh & Rendeiro (collectively referred to as "...
ORDER LANCE M. AFRICK, District Judge. The Court has pending before it a motion 1 filed by defendant, Syngenta Seeds, Inc. ("Syngenta"), to stay this matter pending transfer by the Judicial Panel on Multidistrict Litigation ("JPML"), a motion 2 to remand filed by plaintiffs, and a motion 3 filed by plaintiffs for leave to file a response to the notice of supplemental authority filed by defendant notifying the Court of the creation of a Multidistrict Litigation ("MDL") for related cases....
REPORT AND RECOMMENDATION SALLY SHUSHAN, Magistrate Judge. This matter was referred to this United States Magistrate Judge for the purpose of conducting a hearing, including an evidentiary hearing, if necessary, and submission of proposed findings of fact and recommendations for disposition pursuant to 28 U.S.C. 636(b)(1)(B) and (C) and, as applicable, Rule 8(b) of the Rules Governing Section 2254 Cases in the United States District Courts. Upon review of the record, the Court has...
REPORT AND RECOMMENDATION MICHAEL B. NORTH, Magistrate Judge. This 42 U.S.C. 1983 proceeding was filed in forma pauperis by pro se Plaintiff, Jamal I. Scott, against Defendants, the Parish of Jefferson, the Jefferson Parish Correctional Center ("JPCC"), Lieutenant Cook, Sergeant Marshall, Sergeant Berrian, and Deputy Decay. (Rec. doc. 4). Plaintiff, an inmate of the JPCC, alleges that on August 9, 2014, a fellow inmate who was equipped with a colostomy bag and who Plaintiff believes...
REPORT AND RECOMMENDATION KAREN WELLS ROBY, Magistrate Judge. This matter was referred to a United States Magistrate Judge to conduct hearings, including an evidentiary hearing if necessary, and to submit proposed findings and recommendations pursuant to 28 U.S.C. 636(b)(1)(B) and (C), and as applicable, Rule 8(b) of the Rules Governing Section 2254 Cases. Upon review of the entire record, the Court has determined that this matter can be disposed of without an evidentiary hearing. See U....
ORDER AND REASONS MICHAEL B. NORTH, Magistrate Judge. Before the Court is the Motion to Compel Production of Root Cause Analysis filed by Defendant/Petitioner in Limitation, Settoon Towing LLC ("Settoon") (Rec. doc. 253). The Motion is opposed by Plaintiffs/Claimants in Limitation, Chevron Midstream Pipelines, LLC; Chevron Pipe Line Company; and Chevron U.S.A. ("Chevron") (Rec. doc. 258). Settoon also filed a Reply Memorandum. (Rec. doc. 267). The Court heard oral argument on the motion...
ORDER AND REASONS SUSIE MORGAN, District Judge. This matter comes before the Court on two motions by the Plaintiff, Trent Steven Griffin, Sr., seeking recusal of the undersigned judge in this case pursuant to 28 U.S.C. 144 and 28 U.S.C. 455, respectively. 1 For the following reasons, the Motion to Recuse under 28 U.S.C. 455 is GRANTED, and the Motion to Recuse under 28 U.S.C. 144 is DENIED AS MOOT. The Clerk of Court should reallot this matter to another Section of this Court....
ORDER AND REASONS HELEN G. BERRIGAN, District Judge. This matter comes to the court on defendants' Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6), or alternatively 12(c). Rec. Doc. 12. The plaintiff, James Boyle, opposes. Rec. Doc. 13. Having considered the record, the law, and the submissions of both parties, the court hereby GRANTS IN PART and DENIES IN PART defendant's motion. BACKGROUND This action arises out of the arrest and detention of plaintiff, James Boyle ("Boyle"), the...
ORDER JAY C. ZAINEY, District Judge. The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that Michael J. Dright's petition for issuance of a writ of habeas corpus filed...
THIS DOCUMENT RELATES TO ALL INDIRECT-PURCHASER PLAINTIFF CASES ORDER AND REASONS SARAH S. VANCE, District Judge. Indirect-Purchaser Plaintiffs (IPPs), together with Hayward Industries, Inc. and Zodiac Pool Systems, Inc., move the Court to preliminarily approve a class action settlement between IPPs and Hayward and a class action settlement between IPPs and Zodiac. 1 The parties also move the Court to certify a class for the purposes of the Hayward and Zodiac settlements. For the following...
ORDER AND REASONS JAY C. ZAINEY, District Judge. Before the Court is a Motion to Dismiss on Grounds of Abstention (Rec. Doc. 8) filed by defendant Plaquemines Parish Government ("PPG"). Plaintiff National Union Fire Insurance Co. of Pittsburgh, PA ("National Union") opposes the motion. The motion, set for hearing on December 3, 2014, is before the Court on the briefs without oral argument. 1 I. BACKGROUND In July of 2005, National Union issued a "bumbershoot" liability policy to PPG,...
ORDER JAY C. ZAINEY, District Judge. The court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that the petition of Kelly Raymond for issuance of a...
ORDER AND REASONS SARAH S. VANCE, District Judge. Defendants move to strike the supplemental report by Dr. Gordan Rausser, expert for the Direct Purchaser Plaintiffs' ("DPPs"), as supplemented on November 3, 2014. 1 For the following reasons, the Court grants the motion. The Court issued Pretrial Order No. 20 ("PTO #20") in this case on October 21, 2013. 2 PTO #20 provided that the parties would simultaneously exchange their expert reports on April 10, 2014, and simultaneously exchange...
ORDER AND REASONS NANNETTE JOLIVETTE BROWN, District Judge. Before the Court are Petitioner James Bernard Holts's ("Petitioner") objections 1 to the September 27, 2013 Report and Recommendation of the United States Magistrate Judge assigned to the case. 2 Petitioner, a state prisoner incarcerated at the Louisiana State Penitentiary, Angola, Louisiana, filed a petition for a Writ of Habeas Corpus under 28 U.S.C. 2254. 3 Petitioner argues that both his trial counsel and appellate...
ORDER NANNETTE JOLIVETTE BROWN, District Judge. Before the Court is Plaintiff Wesley Thompson's ("Thompson") "Motion to Remand" 1 and "Motion to Strike Defendants' Untimely Filed Memorandum and/or Alternatively to Consider Plaintiff's Reply Memorandum." 2 Having considered the motions, the memoranda, the record and the applicable law, the Court will deny both motions. I. Background This litigation arises out of an automobile collision that occurred on or about June 20, 2013, wherein...
ORDER SUSIE MORGAN, District Judge. The Court, after considering the complaint, the record, the applicable law, the Magistrate Judge's Report and Recommendation, and finding that as of this date the parties have filed no objections to the Magistrate Judge's Report and Recommendation, hereby approves the Magistrate Judge's Report and Recommendation and adopts it as its opinion. Accordingly, IT IS ORDERED that: 1. The motion of plaintiff, Michael Bell ("Bell"), for summary judgment (Rec. doc....
