RULING AND ORDER BRIAN A. JACKSON, Chief Judge. Before the Court is Louisiana Legislature's Motion to Dismiss Pursuant to Fed.R.Civ.P. Rules 12(b)(1) and 12(b)(6) (Doc. 100), filed by Defendants the Louisiana House of Representatives and the Louisiana Senate (collectively the "Legislature"), seeking an order from this Court dismissing Plaintiff Kenneth Hall's ("Hall") claims, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). 1 Hall opposes the motion. (Doc. 104.) The...
RULING AND ORDER BRIAN A. JACKSON, Chief Judge. Before the Court is a Motion to Dismiss (Doc. 99), filed by Defendants Judge Laura Davis, Judge Suzan Ponder, and Judge Alex Wall (the "Defendant-Judges"), seeking an order from this Court dismissing Plaintiff Kenneth Hall's ("Hall") claims against them, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). 1 Hall opposes the motion. (Doc. 103.) The Defendant-Judges were granted leave to file a memorandum in response to Hall's...
RULING AND ORDER BRIAN A. JACKSON, Chief Judge. Before the Court is a FRCP 12(b)(6) Motion to Dismiss City Court of Baton Rouge (Doc. 55), filed by Defendants the City of Baton Rouge and the Parish of East Baton Rouge (collectively the "City/Parish"), seeking an order from this Court dismissing Plaintiff Kenneth Hall's ("Hall") claims against Defendant the City Court of Baton Rouge. 1 Hall opposes the motion. (Doc. 59.) The City/Parish filed a memorandum in response to Hall's memorandum in...
RULING AND ORDER BRIAN A. JACKSON, Chief Judge. Before the Court is a Motion to Dismiss Complaint, First Amending and Supplemental Complaint, and Request for Preliminary and Permanent Injunction Pursuant to Fed.R.Civ.P. Rules 12(b)(1) and 12(b)(6) (Doc. 40), filed by Defendant Tom Schedler ("Schedler"), seeking an order from this Court dismissing Plaintiffs Kenneth Hall's ("Hall") claims against him, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). 1 Hall opposes the...
RULING AND ORDER BRIAN A. JACKSON, Chief Judge. I. INTRODUCTION On August 5, 2013, this matter came before the Court for a non-jury trial on the merits and a hearing on Plaintiffs' Motion for a Preliminary Injunction (Doc. 12). 1 Having considered the parties pretrial and post-trial submissions, the evidence introduced at the trial, and the arguments presented by counsel, the Court finds that Plaintiffs have satisfied their burden of proving that Defendants have subjected them to cruel and...
ORDER BRIAN A. JACKSON, Chief Judge. Before the Court are two Motions to Remand pursuant to 28 U.S.C. 1447(c) filed in cases consolidated for pretrial management. 1 The first was filed by Plaintiffs Blake Perritt, Barry Mitchell, and others in civil action 3:12-cv-00253 ("Perritt Action") (Doc. 4); the second was filed by Plaintiffs Frederick Hollins, Laura Hollins, and Shanice Hills in civil action 3:12-cv-00254 ("Hollins Action") ("located at 3:12-cv-00253 Doc. 8). 2 In each...
AGREED PROTECTIVE ORDER STEPHEN C. RIEDLINGER, Magistrate Judge. Defendant's Unopposed Motion for Entry of Agreed Protective Order Regarding Confidential Information, record document number 13, is GRANTED. This Agreed Protective Order shall remain in effect for the duration of the above-captioned litigation unless otherwise ordered by the Court or agreed by the Parties. The purpose of this Agreed Protective Order is to protect against the unnecessary disclosure of confidential and/or...
RULING ON DEFENDANT'S MOTION TO SUPPRESS JAMES J. BRADY, District Judge. This matter is before the Court on a motion to suppress (doc. 15) by Defendant, Amadou O. Barry ("Barry"). Barry is charged with trafficking in counterfeit goods in violation of 18 U.S.C. 2320(a). Barry moves to suppress items seized by, and statements made to, investigating officers pursuant to two signed waiver forms. The United States of America ("Government") filed a response (doc. 21). An evidentiary hearing was...
RULING ON DEFENDANT'S MOTION TO DISMISS JAMES J. BRADY, District Judge. This matter is before the Court on a Motion to Dismiss (doc. 10-1) pursuant to Federal Rule of Civil Procedure 12(b)(6), filed by Defendant, Headwaters Resources, Inc. ("Headwaters"). Plaintiff, Big River Industries, Inc. ("BRI"), has filed an Opposition (doc. 14), to which the Defendant has filed a Reply (doc. 17). BRI then filed a Sur-reply (doc. 20). In Plaintiff's Opposition, BRI has argued the sufficiency of its...
RULING RICHARD L. BOURGEOIS, Jr., District Judge. Plaintiff, Aaron James Alford, seeks judicial review of a final decision of the Commissioner of the Social Security Administration (the "Commissioner") pursuant to 42 U.S.C. 405(g) denying the Plaintiff's application for disability insurance benefits "under Title II and part A of Title XVIII of the Social Security Act." (Tr. 108-110). 1 Both parties having consented to trial on the merits before a United States Magistrate Judge and the case...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RICHARD L. BOURGEOIS, Jr., Magistrate Judge. Before the Court is a referral of Plaintiffs' Motion to Remand, filed on September 7, 2012. (R. Doc. 5). Defendants filed an Opposition (R. Doc. 5), to which Plaintiffs replied (R. Doc. 8). At the outset, the Court notes this is the second time this action has been removed to the United States District Court for the Middle District of Louisiana. See Lecoq, et al v. Great West Cas. Ins. Co., et al, No....
RULING ON MOTIONS FOR SUMMARY JUDGMENT JAMES J. BRADY, District Judge. This matter is before the court on Plaintiff Anthony W. Douglas's ("Douglas") Motion (doc. 21) for Summary Judgment, and Defendant City of Baton Rouge and Parish of East Baton Rouge's ("City") Motion (doc. 24) for Summary Judgment. Defendant filed a Memorandum (doc. 23) in Opposition to Plaintiff's motion, and Plaintiff subsequently filed a Response (doc. 28). Additionally, Plaintiff filed a Memorandum (doc. 29) in...
MAGISTRATE JUDGE'S REPORT STEPHEN C. RIEDLINGER, Magistrate Judge. Before the court is a Motion to Remand filed by plaintiffs Brandon Pate, Anthony Scales, Lamar Thompson and Gregory Hardesty. Record document number 6. The motion is opposed. 1 Plaintiffs filed a Petition for Damages in state court against defendants Enterprise Rent-A-Car and Progressive Insurance to recover damages for injuries resulting from a car collision that occurred on April 18, 2012. Plaintiffs alleged that while...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RICHARD L. BOURGEOIS, Jr., Magistrate Judge. This matter is before the court on a referral from the district court of the defendants' Motion for Summary Judgment. 1 The motion is opposed. 2 The defendants' motion seeks dismissal of all of the plaintiffs' claims, which include claims brought under 42 U.S.C. 1983, 1985, and 1986, and the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution, as well as various state tort...
RULING ON PLAINTIFF'S MOTIONS FOR RECONSIDERATION JAMES J. BRADY, District Judge. This matter is before the court on Plaintiff Michael Howard Nalls' ("Nalls") Motion (doc. 40) for Reconsideration of Ruling Denying Motion to Amend and Supplement, and Plaintiff's Motion (doc. 41) for Reconsideration of Ruling Dismissing Ashley Breaux. Defendant Ashley Breaux ("Breaux") filed an Opposition (doc. 44) to Plaintiff's Motions for Reconsideration, and subsequently, Defendant Annette Lassalle ("...
RULING ON MOTION TO ALTER OR AMEND AND MOTION FOR ENTRY OF JUDGMENT UNDER RULE 58(D) OR RULE 54(B) JAMES J. BRADY, District Judge. This matter is before the court on Plaintiff Catherine Kimball's ("Kimball") Motion (doc. 34) to Alter or Amend, and Defendant HEALTHCAREfirst, Inc.'s ("HCF") Motion (doc. 37) for Entry of Judgment Under Rule 58(d), or Alternatively, Motion for Finding of No Just Cause for Delay Under Rule 54(b). Defendant filed an Opposition (doc. 36) to Plaintiff's Motion to...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RICHARD L. BOURGEOIS, Jr., District Judge. Before the Court is Plaintiff's Motion to Remand, filed on April 18, 2013. (R. Doc. 4). Defendants timely filed an Opposition on May 1, 2013. (R. Doc. 5). For the reasons discussed below, IT IS RECOMMENDED that Plaintiff's Motion to Remand be DENIED. I. BACKGROUND AND PROCEDURL HISTORY Plaintiff originally filed this action alleging violations of state law in the 19th Judicial District Court of East...
MAGISTRATE JUDGE'S REPORT RICHARD L. BOURGEOIS, Jr., Magistrate Judge. A review of the record showed that the complaint was filed on July 31, 2012. Counsel for the plaintiffs was allowed to withdraw as counsel of record by the court's order dated May 14, 2013. Thereafter, on May 17, 2013, the court issued an order setting this matter for a status conference in person on June 27, 2013. The court's order was sent by regular mail and certified mail, return receipt requested to the plaintiff,...
RULING ON MOTION TO WITHDRAW GUILTY PLEA JAMES J. BRADY, District Judge. This matter is before the court on a motion (doc. 145) to withdraw plea of guilty by defendant Oscar Hills, IV ("Hills"). Numerous briefs have been filed; and the court held an evidentiary hearing in July of 2013 (docs. 155 and 156). On April 1, 2009, Oscar Hills was indicted on four counts of wire fraud. Essentially, Hills was charged with using interstate wire transmissions to fraudulently obtain insurance proceeds...
ORDER RICHARD L. BOURGEOIS, Jr., Magistrate Judge. The court sua sponte notes the potential insufficiency of the plaintiff's allegation of the citizenship of the parties as follows; 1. ___ A party invoking diversity jurisdiction must allege the citizenship rather than mere residence of an individual. In addition, see 28 U.S.C. 1332(c)(2) for infants, minors and an incompetent. The citizenship of _______________ is not provided. 2. X A party invoking diversity jurisdiction must...
