NOTICE AND ORDER ERIN WILDER-DOOMES , Magistrate Judge . In her First Motion to Compel, Maria Olga Zavala ("Plaintiff") seeks production of "any document composed by Defendant CorrectHealth that reviews the reasons for, circumstances of, and events leading up to Mr. Fano's suicide on February 2, 2017" at the East Baton Rouge Parish Prison ("EBRPP"), including the documents that should have been generated by operation of CorrectHealth East Baton Rouge, LLC's ("CorrectHealth") "Procedure In...
RULING JOHN W. deGRAVELLES , District Judge . Before the Court is Merge Healthcare Solutions, Inc.'s Motion in Limine to Exclude Opinions and Testimony of Plaintiffs' Expert Harold Asher brought by defendant Merge Healthcare Solutions, Inc. ("Defendant" or "Merge"). (Doc. 83.) It is opposed by plaintiffs Trinity Medical Services, L.L.C. ("Trinity"), Performance Labs, L.L.C. ("Performance Labs"), and Prestige Worldwide Leasing, L.L.C. ("Prestige") (collectively, "Plaintiffs"). (Doc. 96.)...
RULING JOHN W. deGRAVELLES , District Judge . Before the Court is Merge Healthcare Solution, Inc.'s Motion In Limine to Exclude the Opinions and Testimony of Plaintiffs' Expert Chris Harol brought by defendant Merge Healthcare Solution, Inc. ("Merge" or "Defendant"). (Doc. 82.) It is opposed by plaintiffs Trinity Medical Services, L.L.C. ("Trinity"), Performance Labs, L.L.C. ("Performance Labs"), and Prestige Worldwide Leasing, L.L.C. ("Prestige") (collectively, "Plaintiffs"). (Doc. 97.)...
RULING JOHN W. deGRAVELLES , District Judge . Before the Court is Merge Healthcare Solutions, Inc.'s Motion in Limine to Exclude Opinions and Testimony of Plaintiffs' Expert Larry Small brought by defendant Merge Healthcare Solutions, Inc. ("Defendant" or "Merge"). (Doc. 81.) It is opposed by plaintiffs Trinity Medical Services, L.L.C. ("Trinity"), Performance Labs, L.L.C. ("Performance Labs"), and Prestige Worldwide Leasing, L.L.C. ("Prestige") (collectively, "Plaintiffs"). (Doc. 98.)...
ORDER RICHARD L. BOURGEOIS, JR. , Magistrate Judge . Before the Court is Defendants' Motion to Compel Appearance of Plaintiff for Deposition in Louisiana. (R. Doc. 152). The motion is opposed. (R. Doc. 153). Defendants filed a reply. (R. Doc. 156). I. Background De'Marcus Thomas ("Plaintiff") initially brought this lawsuit as a class action under Rule 23 of the Federal Rules of Civil Procedure and as a collective action under the Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq. (...
ORDER RICHARD L. BOURGEOIS, JR. , Magistrate Judge . Before the Court is Defendant's Motion to Compel (R. Doc. 8) filed on February 17, 2020. The deadline for filing an opposition has expired. See LR 7(f). Accordingly, the motion is unopposed. I. Background On or about November 21, 2019, Brian Cook ("Plaintiff") filed the instant action in the 19th Judicial District Court, East Baton Rouge Parish, Louisiana, naming as defendants Albert Erwin Craus, Jr. and Liberty Mutual Insurance...
RULING AND ORDER JOHN W. DeGRAVELLES , District Judge . This matter is before the Court on Tasman Holdings, LLC's Motion for Summary Judgment (" Motion ") filed by Tasman Holdings, LLC ("Tasman"). (Doc. 37). In response, Louis Anthony Sirico and Lisa Grace Loud ("Defendants"), filed a Memorandum in Opposition to Tasman Holdings, LLC's Motion for Summary Judgment (" Response "). (Doc. 42.) In reply, Tasman filed Tasman Holding, LLC's Reply Memorandum (" Reply "). (Doc. 43.) Oral...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is Defendant's Motion to Dismiss or For Summary Judgment (Doc. 9). Defendant requests that the Court dismiss this matter pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6), 12(b)(7), and 56(a). For the reasons stated herein, Defendant's Motion is DENIED AS MOOT. I. BACKGROUND This matter arises from an action for Defendant's alleged violations of the Fair Debt Collection Practices Act (FDCPA). On...
RULING AND ORDER BRIAN A. JACKSON , JUDGE . Before the Court are Defendant's Motions to Suppress (Doc. 29 and 45), seeking to suppress evidence obtained as the result of an alleged illegal stop and search. Defendant asks the Court to rule that the stop and search were impermissible, that the dog search was not conducted by a properly trained canine, and that the canine handler acted improperly. I. BACKGROUND On February 6, 2019, around 9:16 p.m., Iberville Parish Sheriff's Office ("...
RULING SHELLY D. DICK , Chief District Judge . Before the Court is the Motion to Dismiss and Motion to Strike Certain Allegations from Plaintiff's Second Amended Complaint 1 filed by Defendants James LeBlanc, N. Burl Cain, Darryl Vannoy, and Leslie Dupont (collectively, "Defendants"). Plaintiff Irma Jean Carter ("Plaintiff") filed an Opposition, 2 to which Defendants filed a Reply. 3 For the reasons which follow, the Motion shall be GRANTED in part and DENIED in part. I....
OPINION JOHN W. DeGRAVELLES , District Judge . After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report (Doc. 60) dated February 27, 2020, to which no objection was filed, but, to the extent Plaintiff's Motion for Leave of Court to File a Pleading Exceeding the Page Limits (Doc. 61) attached an objection (Doc. 61-1), it has been considered; IT IS ORDERED that all of Plaintiff's claims, including those for supervisory and...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ERIN WILDER-DOOMES , Magistrate Judge . For the reasons that follow, it is recommended sua sponte that the claims of Anthony D. Haynes ("Plaintiff") against defendant Sharon Weston Broome be dismissed with prejudice as frivolous and for failure to state a claim pursuant to 28 U.S.C. 1915(e) and 1915A. If this recommendation is adopted, it is further recommended that the Motion to Dismiss, 1 filed by Mayor Broome, be denied as moot. I....
OPINION JOHN W. DeGRAVELLES , District Judge . After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report (Doc. 173) dated February 27, 2020, to which objection was filed (Doc. 175); IT IS ORDERED that that Petitioner's Motions to Vacate, Set Aside and Correct Sentence under 28 U.S.C. 2255 (Docs. 154 & 160) are DENIED WITH PREJUDICE as untimely. IT IS FURTHER ORDERED that the Defendant's motion for leave of Court Motion...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is the United States Magistrate Judge's Report and Recommendation (Doc. 49) pursuant to 28 U.S.C. 636(b)(1). The Report and Recommendation addresses Defendants' Motion for Summary Judgment (Doc. 44), submitted by Defendants James LeBlanc, Darryl Vannoy, Timothy Delaney, Joseph Lamartiniere, and Jerry Hancock. The Magistrate Judge recommended that Plaintiff's claims against all moving Defendants be dismissed with...
RULING AND ORDER JUDGE BRIAN A. JACKSON , UNITED STATES DISTRICT COURT. Before the Court is the Motion for Partial Dismissal to Compel Arbitration (Doc. 21) filed by Defendants. Plaintiffs have filed an opposition (Doc. 24). For the reasons that follow, the Motion (Doc. 21) is DENIED. I. BACKGROUND According to the allegations of the Second Amended Complaint, Leja signed an arbitration agreement mandating arbitration before the Association of Professional Arbitrators and...
RULING AND ORDER JOHN W. DeGRAVELLES , District Judge . This matter is before the Court on Defendants' Motion to Dismiss First Amended Petition Pursuant to Rule 12(b)(6), or, in the alternative, Motion for Summary Judgment (" Motion ") filed by Multifamily Management, Inc ("MMI") and GMF-Preservation Affordability Corp, ("GMF") (together "Defendants"). (Doc. 37.) In response, John Billiot, ("Plaintiff" or "Mr. Billiot") filed an Opposition to Defendants' Motion to Dismiss First Amended...
RULING AND ORDER JOHN W. DeGRAVELLES , District Judge . This matter is before the Court on Defendants' Motion for Summary Judgment (" Motion ") filed by Defendants Multifamily Management, Inc ("MMI") and GMF-Preservation Affordability Corp, ("GMF") (together "Defendants"). (Doc. 21.) In response, Taylor Roy and Jordy Lee, (together "Plaintiffs") filed an Opposition to Motion for Summary Judgment (" Opposition "). (Doc. 29.) In reply, Defendants filed Defendants' Reply in Support of...
ORDER RICHARD L. BOURGEOIS, JR. , Magistrate Judge . Before the Court is Plaintiff's Motion to Compel or Authorize Deposition and Production of Documents. (R. Doc. 46). The exhibits were filed under seal. (R. Doc. 50). The motion is opposed. (R. Docs. 51, 60). 1 Plaintiff filed reply memoranda. (R. Doc. 57, 63). The Court held oral argument on March 3, 2020. (R. Doc. 77). I. Background This is a breach of contract action in which Chevron TCI, Inc. ("Plaintiff" or "Chevron TCI" or "...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ERIN WILDER-DOOMES , Magistrate Judge . Before the Court is a Motion for Summary Judgment ("Motion"), 1 filed on behalf of James LeBlanc, Darryl Vannoy, Timothy Delaney, Joseph Lamartiniere, and Jerry Hancock (collectively "Movants"). The Motion is opposed 2 and Defendants have filed a reply. 3 For the following reasons, it is recommended that the Motion be granted dismissing all claims against Movants and that Plaintiff's claims against...
OPINION JOHN W. DeGRAVELLES , District Judge . After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report (Doc. 6) dated February 24, 2020, to which no objection was filed; IT IS ORDERED that the Motion to Remand (Doc. 6) filed by Plaintiffs Suha and Abdallah Shehadeh, individually, and on behalf of their minor children, is DENIED as the Notice of Removal was timely filed in this case. IT IS FURTHER ORDERED that this...
