REPORT AND RECOMMENDATION JOSEPH C. WILKINSON, Jr. , Magistrate Judge . Plaintiff, Kelton L. Spann, was a prisoner formerly incarcerated in the St. Tammany Parish Prison in Covington, Louisiana. He paid this court's filing fee and filed this complaint pro se pursuant to 42 U.S.C. 1983 against St. Tammany Parish Sheriff Rodney J. Strain, Lieutenant Jerry P. Miller, Jr., Deputy Patrick Smith and Detective Shane Wilkinson ("the Sheriff's Defendants"), and four civilian defendants, Tommy...
ORDER AND REASONS IVAN L.R. LEMELLE , District Judge . Before the Court is Defendant's, Baker Petrolite LLC's, "Motion for Summary Judgment" (Rec. Doc. 42). Local Rule 7.5 of the Eastern District of Louisiana requires that memoranda in opposition with citations of authorities be filed and served no later than eight (8) days before the noticed submission date. No memoranda in opposition to the instant motion, set for submission on December 21, 2016, have been submitted. Accordingly,...
ORDER AND REASONS KURT D. ENGELHARDT , District Judge . Presently before the Court is "Defendants' Joint Motion for Summary Judgment on Lost-Profits Damages" (Rec. Doc. 265). Having carefully considered the parties' submissions, the record in this matter, and applicable law, IT IS ORDERED that Defendants' motion is GRANTED to the extent stated herein relative to any damages award for "lost profits" or "lost business value" sought by Plaintiffs Peaker Energy Group., LLC ("Peaker") and...
ORDER AND REASONS KURT D. ENGELHARDT , District Judge . Presently before the Court is "Defendant's Rule 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction" (Rec. Doc. 11) filed by Defendant Andy Rakocy ("Rakocy"), which is opposed (Rec. Doc. 20) by Plaintiff Brand Energy Solutions, LLC ("Brand"). Having carefully considered the parties' supporting and opposing submissions and applicable law, IT IS ORDERED that Rakocy's motion to dismiss is GRANTED. I. BACKGROUND...
ORDER AND REASONS SARAH S. VANCE , District Judge . Before the Court is plaintiff Tony Milner's motion to remand this case to state court. Because the Court finds that the jurisdictional amount is satisfied, the Court DENIES the motion. I. BACKGROUND This case arises out of a July 3, 2014 car accident involving plaintiff and another motorist, Madison Pleasant. 1 At the time of the accident, Pleasant had in force a State Farm Mutual Automobile Insurance Company (State Farm) insurance...
ORDER NANNETTE JOLIVETTE BROWN , District Judge . In this litigation, Plaintiffs Atchafalaya Basinkeeper, Louisiana Crawfish Producers' Association-West, and Gulf Restoration Network (collectively "Plaintiffs") allege that Defendants United States Army Corps of Engineers ("Corps") and Lieutenant General Thomas P. Bostick, 1 in his official capacity as Chief of Engineers (collectively "Defendants") failed to comply with the Clean Water Act and the National Environmental Policy Act in re-...
ORDER AND REASONS MARTIN L. C. FELDMAN , District Judge . Before the Court are two interrelated motions: (1) the plaintiff's motion to preliminarily enjoin the defendant from pursuing a related lawsuit in New Jersey; and (2) the defendant's motion to dismiss, stay, or transfer this declaratory action. For the reasons that follow, the plaintiff's motion is GRANTED. The defendant's motion is GRANTED in part and DENIED in part: in particular, the motion is granted in that the plaintiff's...
ORDER AND REASONS SARAH S. VANCE , District Judge . Defendants EKF Diagnostics Inc. and Stanbio Laboratory L.P.'s move to dismiss plaintiff's complaint for lack of Article III standing, or, in the alternative, to strike the complaint's class action allegations as insufficient to establish an ascertainable class. 1 Because Dr. Sartin's amended complaint plausibly alleges a judicially cognizable injury, and because membership in the proposed class can be feasibly determined by using...
ORDER AND REASONS SUSIE MORGAN , District Judge . Before the Court is a motion for summary judgment filed by Allstate Insurance Company. 1 The motion is opposed. 2 For the following reasons, the motion is DENIED. BACKGROUND Defendant, Allstate Insurance Company ("Allstate"), issued a homeowners' insurance policy to Plaintiff, Joyce Twine, for her property at 4412 Duplessis Street in New Orleans, Louisiana. 3 No one had been living at the property since 2005 when it was severely...
ORDER AND REASONS SECTION "R" (3) SARAH S. VANCE , UNITED STATES DISTRICT JUDGE . Defendants Charles "Benny" Hausknecht, Jr. and Pailet, Meunier and LeBlanc, L.L.P. move to dismiss plaintiff Loretta Bickerstaff's claims against them. 1 Because plaintiff cannot proceed with her claims against defendants until she complies with the Louisiana Accountancy Act, the Court GRANTS defendants' motion. I. BACKGROUND This diversity action arises out of a property ownership dispute. Plaintiff...
ORDER AND REASONS SARAH S. VANCE , District Judge . Before the Court is plaintiff Jordan Simmons' motion to supplement his witness and exhibit lists. 1 Defendant Galliano Marine Service, LLC opposes the motion. 2 Because the Court finds that plaintiff has not shown good cause for his request, the Court denies the motion. I. BACKGROUND This is a Jones Act personal injury action, in which plaintiff alleges that he suffered shoulder injuries while working on defendant's vessel. Trial in...
ORDER AND REASONS JANIS VAN MEERVELD , Magistrate Judge . Before the Court are (1) Defendants' Motion for Contempt, Sanctions and to Compel Independent Medical Examination (Rec. Doc. 25) and (2) Defendants' Motion for Sanctions (Rec. Doc. 26) referred to the magistrate judge for consideration by the District Judge. For the following reasons, (1) the Motion for Contempt, Sanctions and to Compel Independent Medical Examination (Rec. Doc. 25) is DENIED as to contempt and sanctions and, as...
ORDER AND REASONS APPLIES TO No. 16-434, No. 16-2034. SARAH S. VANCE , District Judge . Before the Court is Third-Party Defendants Imad Hamdan, Brothers Veterans, LLC, Brothers Avondale, LLC, and Brothers Lapalco, LLC's (Third-Party Defendants) consolidated motion to set aside the default entered against them on September 9, 2016. 1 Also before the Court is Third-Party Plaintiff SEI Fuel Services, Inc.'s motion for default judgment against thirdparty defendants, or in the alternative,...
ORDER NANNETTE JOLIVETTE BROWN , District Judge . In this litigation, Plaintiffs, comprised of more than 150 individuals hired to work on a construction and renovation project located at 225 Baronne Street in New Orleans, Louisiana, assert that Defendants did not pay overtime wages or minimum wages in violation of the Fair Labor Standards Act ("FLSA"). 1 Plaintiffs also bring a cause of action under the Louisiana Private Works Act. 2 Pending before the Court is Plaintiffs' "Motion to...
ORDER NANNETTE JOLIVETTE BROWN , District Judge . In this litigation, Plaintiff NUSSLI (US), LLC ("NUSSLI") alleges that it is owed money for services rendered under a contract it entered into with NOLA Motorsports Host Committee, Inc. ("NMHC"), NOLA Motor Club, LLC ("NOLA Motor"), and Andretti Sports Marketing, Louisiana, LLC ("Andretti"). 1 Pending before the Court is Andretti's "Rule 12(b)(6) Motion to Dismiss." 2 Having considered the motion, the memoranda in support, the memorandum...
ORDER NANNETTE JOLIVETTE BROWN , District Judge . Before the Court are Petitioner Johnnie N. Roberts' ("Petitioner") objections 1 to the Report and Recommendation of the United States Magistrate Judge assigned to the case. 2 Petitioner, a state prisoner incarcerated at the Louisiana State Penitentiary in Angola, Louisiana, filed a petition for writ of habeas corpus under 28 U.S.C. 2254, arguing that the State withheld exculpatory evidence and that his trial counsel was ineffective. 3...
ORDER AND REASONS SARAH S. VANCE , District Judge . Before the Court is Kim Parish's motion to modify the terms of her sentence. For the following reasons, Parish's motion is denied. I. BACKGROUND On August 7, 2014, Kim Parish was charged by Bill of Information with wire fraud and bank fraud. 1 After pleading guilty to both charges, 2 this Court sentenced Ms. Parish to forty (40) months as to both counts, to be served concurrently. 3 Parish is serving her sentence at Federal...
ORDER NANNETTE JOLIVETTE BROWN , District Judge . Before the Court is the State's "Rule 60(b) Motion for Relief from a Final Judgment, Order, or Proceeding," 1 requesting reconsideration of this Court's September 22, 2016 Order finding that Petitioner Jerome Skee Smith ("Petitioner") is entitled to equitable tolling for the two day delay in filing his habeas corpus petition. 2 No opposition to the pending motion was submitted, timely or otherwise. Accordingly, this motion is deemed...
ORDER AND REASONS JAY C. ZAINEY , District Judge . The following motions are before the Court: Motion for Summary Judgment (Rec. Doc. 18) filed by defendants ADM Milling Co. and ADM Grain River Systems, Inc. (collectively "ADM"). Plaintiff Sylvester Johnson opposes the motion. Motion for Leave to File a Reply (Rec. Doc. 20) filed by ADM. Motion for Leave to File a Supplemental Opposition (Rec. Doc. 21) filed by Plaintiff. The motion for summary judgment, submitted to the Court on...
ORDER AND REASONS JAY C. ZAINEY , District Judge . The following motions are before the Court: Motion for Summary Judgment (Rec. Doc. 24) filed by defendant Quality Energy Services, Inc. Plaintiff Todd Babin opposes the motion. Motion for Rule 54(b) Judgment and Stay Pending Appeal (Rec. Doc. 27) filed by plaintiff Todd Babin. Defendant Quality Energy Services, Inc. opposes the motion. The motions, submitted to the Court on December 14, 2016, are before the Court on the briefs...
