MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RICHARD L. BOURGEOIS, Jr., Magistrate Judge. Before the Court is Plaintiff's Motion to Remand. (R. Doc. 11). The motion is opposed by Defendant Axis Insurance Company. (R. Doc. 13). Plaintiff has filed a reply (R. Doc. 21) and Axis Insurance Company has filed a surreply (R. Doc. 32). Plaintiff has also moved for Rule 11 sanctions. (R. Doc. 28), which is opposed by Axis Insurance Company (R. Doc. 30). I. BACKGROUND This is an insurance action. On...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RICHARD L. BOURGEOIS, Jr., Magistrate Judge. This matter is before the Court on referral from the district judge of the plaintiff's Motion to Remand. (R. Doc. 5). The Motion is opposed. (R. Doc. 12). Plaintiff has filed a Reply. (R. Doc. 18). The issue is whether the jurisdictional amount required for diversity jurisdiction under 28 U.S.C. 1332 has been satisfied. I. BACKGROUND On January 16, 2014, Plaintiff Jeffrey H. Tucker filed his...
OPINION JOHN W. deGRAVELLES, District Judge. After independently reviewing the entire record in this case and for the reasons set forth in Magistrate Judge's Report dated December 15, 2014, to which no objection was filed: IT IS ORDERED that the defendant's Motion to Dismiss is granted. IT IS FURTHER ORDERED that the plaintiff's claims against the unidentified Medical Services Warden, R.E. Barrow Treatment Center and E.M.T. Unit are dismissed for failure to state a claim upon which...
MAGISTRATE JUDGE'S REPORT STEPHEN C. RIEDLINGER, Magistrate Judge. Before the court is the plaintiff's Order to Show Cause for an Preliminary Injunction and Restraining Order, which will be treated as a motion for a temporary restraining order. Record document numbers 98 and 99. The motion is opposed. 1 Plaintiff filed this motion on October 27, 2014, alleging that when he was transferred from Camp D to the hospital and then to TU on October 22, 2014, he left his legal materials in his...
MAGISTRATE JUDGE'S REPORT STEPHEN C. RIEDLINGER, Magistrate Judge. Before the court is the Petition Under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody filed by Darrell Williams. For the reasons which follow, the petition should be denied. I. Background Petitioner was found guilty of one count second degree murder in the Nineteenth Judicial District Court for East Baton Rouge Parish, Louisiana on April 30, 2010. Petitioner was sentenced to life imprisonment at...
REASONS FOR RULING ON MOTION FOR SUMMARY JUDGMENT STEPHEN C. RIEDLINGER, Magistrate Judge. Before the court is a Motion for Summary Judgment filed by the defendant Parkview Baptist School, Inc. Record document number 36. The motion is opposed. 1 Based on a careful review of the competent summary judgment evidence, the applicable law and the analysis that follows, 2 the defendant has demonstrated that it is entitled to summary judgment as to all claims brought by the plaintiff under the...
RULING RICHARD L. BOURGEOIS, Jr., Magistrate Judge. Before the Court is a Motion for Summary Judgment filed by Defendant Wal-Mart Stores, Inc. on May 21, 2014. (R. Doc. 17). 1 Defendant filed a Supplemental Memorandum (R. Doc. 19), to submit excerpts from Plaintiff's deposition transcript identified in Defendant's original memorandum (R. Doc. 19-1, "Johnson Dep."). Plaintiff sought (R. Doc. 21, 23) and was granted leave on August 6, 2014 (R. Doc. 24) to file her Opposition (R. Doc. 26)...
RULING ON PLAINTIFF'S MOTION TO COMPEL RICHARD L. BOURGEOIS, Jr., Magistrate Judge. Before the Court is Plaintiff's Motion to Compel (R. Doc. 39) responses to his first set of Requests for Production of Documents. Defendant filed an Opposition (R. Doc. 41), to which Plaintiff replied (R. Doc. 44). For the reasons discussed below, Plaintiff's Motion to Compel (R. Doc. 39) is GRANTED IN PART and DENIED IN PART. I. BACKGROUND Plaintiff, an inmate of the Louisiana State Penitentiary (Angola),...
ORDER RICHARD L. BOURGEOIS, Jr., Magistrate Judge. Before the Court is a Motion to Quash filed by Plaintiffs Wendell Payne, Chris Riddle, and Xcursion Marketing Group, LLC (collectively, "Plaintiffs") and non-party Denali Marine Group, LLC ("Denali") (R. Doc. 24); a Motion to Quash filed by non-party Kevcon Corporation d/b/a Misty Harbor Boats ("Kevcon") (R. Doc. 25); and a Motion for Protective Order filed by Kevcon (R. Doc. 21). All three of these motions concern a Rule 45 subpoena served...
RULING ON MOTION FOR CLASS CERTIFICATION SHELLY D. DICK, District Judge. Before the Court is the Plaintiffs' Motion for Class Certification 1 which is opposed 2 by the Plaintiffs. A hearing on class certification was held on December 9, 2014. For the following reasons, Plaintiffs' Motion is hereby denied. I. FACTUAL BACKGROUND The Plaintiffs are Louisiana residents with mental illness who have been adjudicated by various state courts "Not Guilty by Reason of Insanity" ("NGRI"). The...
RULING AND ORDER BRIAN A. JACKSON , Chief Judge . Before the Court is Defendants' Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (Doc. 12), filed by Stryker Biotech, LLC, Howmedica Osteonics Corp., and Stryker Corporation, seeking an order from this Court dismissing William F. Boutte, Jr.'s claims against them, pursuant to Federal Rule of Civil Procedure ("Rule") 12(b)(6). Boutte opposes the motion. (Doc. 18). Stryker filed a reply memorandum in opposition. (Doc. 21)....
RULING ON MOTION TO DISMISS OR FOR SUMMARY JUDGMENT STEPHEN C. RIEDLINGER, Magistrate Judge. Before the court is GEICO'S Motion To Dismiss Plaintiff's Claims Pursuant to Rule 12(b)(6) for Failure to State a Claim Upon Which Relief Can Be Granted, Or Alternatively Motion for Summary Judgment. Record document number 23. The motion is opposed. 1 For the reasons which follow, the defendant's motion is granted. Background Plaintiff filed a Petition for Damages ("Petition") in state court...
RULING AND ORDER RICHARD L. BOURGEOIS, Jr., Magistrate Judge. Before the Court is Defendants' Motion to Quash, Request for Expedited Hearing, and Sanctions (R. Doc. 51). The only matter remaining for the Court's consideration is the request for sanctions. After the close of fact discovery, Defendants filed a Motion for Summary Judgment (R. Doc. 38), and submitted the affidavit of Alan F. Smith in support of that Motion. In its Order partially granting summary judgment (R. Doc. 46), the...
RULING ON MOTION TO DISMISS SHELLY D. DICK, District Judge. Before the Court is Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint brought pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure on the grounds of Eleventh Amendment Immunity and mootness, and Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim. 1 Plaintiffs have filed an opposition. 2 Defendants' mootness and sovereign immunity defenses present threshold challenges...
ORDER RICHARD L. BOURGEOIS. Jr., Magistrate Judge. Currently pending before the court is a Motion to Remand based, in part, on whether diversity of citizenship exists between the parties. Notwithstanding the arguments regarding the citizenship of plaintiff, the court notes the insufficiency of the removing Defendants' allegation of the citizenship of the parties in the Notice of Removal. A party invoking diversity jurisdiction must properly allege the citizenship of a limited liability...
ORDER JOHN W. DeGRAVELLES, District Judge. Before the Court is Defendants' Motion for Summary Judgment 1 filed by Jeh Johnson, Secretary of the Department of Homeland Security, and the Federal Emergency Management Agency, seeking an order from this Court granting summary judgment against Plaintiff Derrick Allen ("Allen"), with prejudice, pursuant to Federal Rule of Civil Procedure ("Rule") 56. Plaintiff opposes that motion. 2 Following a status conference in which this Motion was discussed,...
RULING SHELLY D. DICK, District Judge. This matter is before the Court on the Plaintiffs' Motion To Stay Matter Pending Outcome of Plaintiffs' Appeal 1 and Motion Requesting Clarification. 2 Defendant Axiall, LLC ("Axiall") opposes the motion. 3 Without following the proper rules of procedure, Plaintiffs filed into the record a Notice of Appeal 4 to the Fifth Circuit of the Court's Ruling 5 denying Plaintiffs' Motion for New Trial, and a Notice of Appeal 6 to the Fifth...
ORDER TO AMEND COMPLAINT STEPHEN C. RIEDLINGER, Magistrate Judge. Plaintiffs Satellite Works, LLC and Jannero Temple filed a Complaint asserting subject matter jurisdiction under 28 U.S.C. 1332, diversity of citizenship. Plaintiffs alleged that Temple is "residing" in St. John the Baptist Parish, Louisiana, and that he is the sole member of Satellite Works, LLC. Plaintiffs alleged that defendant Bankers Insurance Company is a Florida insurance company "licensed to do an doing business in...
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 to which an objection was filed: IT IS ORDERED that Plaintiff's Motion for Partial Summary Judgment (Doc. 12), and the Rule 12(b)(6) Motion to Dismiss on Behalf of Vincent Leggio, DDS (Doc. 20) are denied without prejudice to the parties filing dispositive motions addressing the facts and claims asserted in the plaintiff's...
MAGISTRATE JUDGE'S REPORT STEPHEN C. RIEDLINGER, Magistrate Judge. Before the court is the Plaintiff's Motion for Partial Summary Judgment, record document number 12, which is opposed, 1 and the Rule 12(b)(6) Motion to Dismiss on Behalf of Vincent Leggio, DDS, record document number 20, which is also opposed. 2 For the reasons which follow, the motions should be denied without prejudice. I. Background Pro se plaintiff, an inmate currently confined at Calcasieu Parish Correctional Center,...
