REPORT AND JANIS VAN MEERVELD , Magistrate Judge . The plaintiff, Donald Brooks, seeks judicial review, pursuant to Section 405(g) of the Social Security Act (the "Act"), of the final decision of the Commissioner of the Social Security Administration (the "Commissioner") denying his claim for disability insurance benefits ("DIB") and supplemental security income ("SSI") under Titles II and XVI of the Act, 42 U.S.C. 423, 1381. The matter has been fully briefed on cross-motions for...
REPORT AND RECOMMENDATION KAREN WELLS ROBY , Magistrate Judge . This matter was referred to a United States Magistrate Judge to conduct a hearing, including an evidentiary hearing, if necessary, and to submit proposed findings and recommendations for disposition pursuant to 28 U.S.C. 636(b)(1)(B) and (C), 1915e(2), and 1915A, and as applicable, 42 U.S.C. 1997e(c)(1) and(2). Upon review of the entire record, the Court has determined that this matter can be disposed of without...
PARTIAL REPORT AND RECOMMENDATION DANIEL E. KNOWLES, III , Magistrate Judge . Plaintiff, Johnny Joe Adam Us , filed these pro se and in forma pauperis consolidated civil actions pursuant to 42 U.S.C. 1983. In these cases, he alleged that his constitutional rights were violated in various ways when he was arrested and detained in the Terrebonne Parish Criminal Justice Complex in Houma, Louisiana. 1 Plaintiff first filed Civil Action No. 18-2442 against Terrebonne Parish Sheriff...
REPORT AND RECOMMENDATION JOSEPH C. WILKINSON, JR. , 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 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. Upon review of the entire record, I have determined that a federal evidentiary hearing is unnecessary....
REPORT AND RECOMMENDATION KAREN WELLS ROBY , Chief Magistrate Judge . This petition for a writ of habeas corpus under 28 U.S.C. 2241 was referred to a United States Magistrate Judge for preliminary review, to conduct a hearing, including an evidentiary hearing if necessary, and to submit proposed findings and recommendations as allowed by 28 U.S.C. 636(b)(1)(B) and (C). 1 Upon review of the entire record, the Court finds that a federal evidentiary hearing is unnecessary. I....
REPORT AND RECOMMENDATION JOSEPH C. WILKINSON, JR. , Magistrate Judge . Brittany Velasquez, on behalf of her deceased husband, David Velasquez, seeks judicial review pursuant to Section 405(g) of the Social Security Act (the "Act") of the final decision of the Commissioner of the Social Security Administration (the "Commissioner"), denying David Velasquez's claim for disability insurance benefits under Titles II and XVI of the Act. 42 U.S.C. 423, 1382c. This matter was referred to a...
ORDER AND REASONS SARAH S. VANCE , District Judge . Before the Court are: (1) defendants Cummins's and Ford's motion to exclude the expert testimony of Dr. Arnold Brody and Dr. Barry Castleman, 1 and (2) plaintiffs' motion to amend or correct the Court's scheduling order as to their expert disclosure deadline. 2 The Court grants defendants' motion to exclude Dr. Brody and Dr. Castleman and denies plaintiffs' motion to amend the scheduling order because plaintiffs have not shown good...
ORDER NANNETTE JOLIVETTE BROWN , Chief 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 motion to dismiss filed...
REPORT AND RECOMMENDATION JANIS VAN MEERVELD , Magistrate Judge . Plaintiff, Willie M. Cauley, a state inmate, brought this pro se federal civil action pursuant to 42 U.S.C. 1983. He sued St. Tammany Parish, Detective Jordan A. Hollenbeck, Detective Nick Burtanog, Sheriff Randy Smith, Judge Raymond Childress, and District Attorney Warren Montgomery. In this lawsuit, plaintiff asserts claims concerning the legality of a search and his related arrest and state criminal prosecution. 1...
ORDER JANIS VAN MEERVELD , District Judge . Plaintiff has filed a "Motion for Default Judgment." Rec. Doc. 19. For the following reasons, that motion is DENIED. First, the motion for default judgment is premature because a default has not been entered pursuant to Fed. R. Civ. P. 55(a). See Structural Concrete Products, LLC v. Clarendon America Insurance Co., 244 F.R.D. 317, 328 (E.D. Va. 2007); Griffin v. Foti, Civ. Action No. 03-1274, 2003 WL 22836493, at *1 (E.D. La. Nov. 24,...
ORDER AND REASONS MICHAEL B. NORTH , Magistrate Judge . Before the Court is "Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6)" filed by Defendants, Bruce Boyea, DeAnn Gruber and Beth Scalco. (Rec. doc. 17). The motion is opposed by Plaintiff, Jereld Cammack. (Rec. doc. 23). The Court held oral argument on the motion (rec. doc. 27) and, after due consideration of the pleadings, the law and the argument of counsel, rules as follows. I. Procedural Background Plaintiff is...
ORDER AND REASONS JANIS VAN MEERVELD , Magistrate Judge . Before the Court is the Rule 4(m) Motion to Dismiss filed by defendants Textron Systems Marine & Land Systems, a division of Textron, Inc. ("Textron"), and Gordon Scott. (Rec. Doc. 28). For the following reasons, the Motion is GRANTED. Background This is an employment discrimination lawsuit. Plaintiff Charlotte Renee Bounds is a tig and mig aluminum welder who began working for Textron in April 2017. She alleges that she was...
ORDER AND REASONS SARAH S. VANCE , District Judge . Before the Court is defendants Cummins's and Ford's motion to strike plaintiff's oppositions to their motions in limine and motion for summary judgment, and to strike plaintiffs' motion to amend the Court's scheduling order. 1 The Court denies the motion because plaintiffs have demonstrated excusable neglect, and because the motion to amend the Court's scheduling order was timely. Under the Court's scheduling order, the parties were...
ORDER AND REASONS SUSIE MORGAN , District Judge . Before the Court is a motion for summary judgment filed by Defendants Dr. Casey McVea, Paula Stringer, Robin Bowman, Lesley Wheat, and Wendy Seal. 1 Plaintiff Larce Spikes opposes the motion. 2 Defendants filed a reply, 3 and Plaintiff filed a sur-reply. 4 For the reasons that follow, the motion for summary judgment is GRANTED IN PART AND DENIED IN PART. PROCEDURAL BACKGROUND Plaintiff Larce Spikes is a former inmate at the...
ORDER JANE TRICHE MILAZZO , District Judge . The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the Chief United States Magistrate Judge, and the failure of any party to file an objection to the Chief Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the Chief United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that Bernard Noble's...
ORDER & REASONS LANCE M. AFRICK , District Judge . Before the Court is defendant Chukwudi Ofomata's ("Ofomata") motion 1 to continue the trial date. For the following reasons, the motion is granted. I. This case arises out of an armored truck robbery and the murder of Hector Trochez, which occurred on December 18, 2013. On November 9, 2017, a grand jury returned a four-count superseding indictment against defendants Lilbear George, Jeremy Esteves, Curtis Johnson, Jr., Robert Brumfield,...
ORDER & REASONS LANCE M. AFRICK , District Judge . Before the Court is defendant Jeremy Esteves's ("Esteves") motion 1 to sever his trial from the trial of his capital codefendants Lilbear George ("George"), Curtis Johnson, Jr. ("Johnson"), and Chukwudi Ofomata ("Ofomata"). Esteves argues that a joint trial with his capital codefendants will cause him prejudice, warranting a severance. In the alternative, Esteves argues that the Court should employ two juries at the joint trial: one...
ORDER JANE TRICHE MILAZZO , 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 Findings and Recommendation (Doc. 94) and adopts it as its opinion. Accordingly; IT IS ORDERED that the Motion for Attorney's Fees (Doc. 86) is GRANTED, and Plaintiffs are entitled to award of fees and costs in the amount of $35,942.75.
REPORT AND RECOMMENDATION DANIEL E. KNOWLES, III , Magistrate Judge . The District Court referred the determination of the amount of reasonable attorneys' fees and costs to the undersigned Magistrate Judge. [Doc. # 93]. Now before the Court is the Motion to Tax Costs and Attorney's Fees [Doc. #86] filed by plaintiffs Travis Seals and Ali Bergeron. The motion is opposed. [Doc. #88]. Having reviewed the pleadings and the case law, the Court rules as follows. I. Background The underlying...
ORDER AND REASONS SUSIE MORGAN , District Judge . Before the Court is a Motion for Issuance of a Writ of Seizure and Sale 1 and Motion for Alternate Keeper, 2 filed by Plaintiff People's United Equipment Finance Corp. ("People's United"). For the reasons that follow, the Motion for Issuance of a Writ of Seizure and Sale is DENIED, and the Motion for Alternate Keeper is DENIED AS MOOT. BACKGROUND On November 29, 2018, People's United filed a Complaint and Request for Seizure and...
