RULING AND ORDER BRIAN A. JACKSON , District Chief Judge . On October 21, 2015, the United States Magistrate Judge issued a Report and Recommendation, pursuant to 28 U.S.C. 636(b)(1), recommending that Plaintiff Edward Simmons's ("Plaintiff") Motion for Preliminary Injunction and Temporary Restraining Order (Doc. 43) be denied because the Plaintiff was not facing an irreparable injury. (Doc. 49). The Magistrate Judge's Report and Recommendation specifically notified Plaintiff that,...
NOTICE Please take notice that the attached Magistrate Judge's Report has been filed with the Clerk of the United States District Court. In accordance with 28 U.S.C. 636(b)(1), you have fourteen (14) days after being served with the attached Report to file written objections to the proposed findings of fact, conclusions of law and recommendations therein. Failure to file written objections to the proposed findings, conclusions, and recommendations within 14 days after being served will bar...
OPINION JOHN W. deGRAVELLES , District Judge . After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report issued December 4, 2015 to which no objection was filed: IT IS ORDERED that the Grimmer action be REMANDED to the 18th Judicial District Court, Iberville Parish, Louisiana for lack of subject matter jurisdiction.
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is a Motion for Summary Judgment (Doc. 90) filed by Defendant Jason Perry ("Defendant"), seeking an order dismissing Plaintiff Gary Ashley's ("Plaintiff") claims pursuant to Federal Rule of Civil Procedure ("Rule") 56. Plaintiff opposes this motion. (Doc. 94). With leave of Court, Defendant filed a reply in support of its motion, (Doc. 99), and Plaintiff filed a sur-reply, (Doc. 102). At the request of the Court,...
60-DAY ORDER OF DISMISSAL JOHN W. DeGRAVELLES , District Judge . A Joint Notice of Settlement having been submitted to the Court; IT IS ORDERED that the above listed action is hereby DISMISSED, without prejudice to the right of either party, upon good cause shown, to reinstate the action within 60 days if the settlement is not consummated. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA CORINE SMITH CIVIL ACTION VERSUS NO. 3:14-...
RULING ON MOTION JAMES J. BRADY , District Judge . This matter is before the court on plaintiff's motion (doc. 6) for summary judgment. The motion is opposed; plaintiff has filed a reply brief. There is no need for oral argument. For the reasons stated in defendant's brief, the court finds that the motion is premature and should be denied at this time. Accordingly, the motion (doc. 6) for summary judgment is DENIED.
RULING SHELLY D. DICK , District Judge . The Court, after carefully considering the Petition, 1 the record, the law applicable to this action, and the Report and Recommendation 2 of United States Magistrate Judge Stephen C. Riedlinger dated November 19, 2015, to which no objection has been filed, hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. ACCORDINGLY, the Plaintiffs' Motion to Remand 3 is denied....
RULING JOHN W. DeGRAVELLES , District Judge . Before the Court are two related motions filed by defendant Weber Marine LLC ("Weber Marine"): a Motion for Summary Judgment (Doc. 55) and a Motion for Partial Summary Judgment (Doc. 61). In both cases, "oppositions" have been filed (Docs. 57 and 63), although, on careful review, it is clear that neither motion is seriously opposed. For the reasons that follow, both motions are granted. BACKGROUND Plaintiffs Curtis Bourgeois ("Mr. Bourgeois")...
ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is an unopposed Motion to Dismiss for Failure to State a Claim (Doc. 14) filed by Defendant BR Pig, LLC ("Defendant"), seeking dismissal with prejudice of Plaintiff Deborah Thomas's ("Plaintiff") complaint. For the reasons stated below, the motion is GRANTED. On August 27, 2015, Plaintiff filed a complaint asserting one claim pursuant to Title III of the Americans with Disabilities Act, 42 U.S.C. 12181 et seq. ( See...
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is Defendant Joseph Freeman's Motion to Dismiss Counts Two and Three of First Amended Complaint (Doc. 56). The motion is opposed. (Doc. 58). After careful review of the pleadings, arguments of the parties, and applicable law, the motion is GRANTED. I. Background and Procedural History On January 26, 2011, Gwendolyn A. Atkins ("Plaintiff") filed a Complaint against Southeast Community Health Systems ("...
REPORT AND RECOMMENDATION RICHARD L. BOURGEOIS, Jr. , Magistrate Judge . This matter comes before the Court on the cross-motions for summary judgment of the plaintiff and defendant Dr. Paul Toce (R. Docs. 30 and 39). The pro se plaintiff, an inmate incarcerated at the Louisiana State Penitentiary ("LSP"), Angola, Louisiana, filed this action pursuant to 42 U.S.C. 1983 against Dr. Paul Toce, complaining that the defendant violated the plaintiff's constitutional rights through...
RULING AND ORDER 1 BRIAN A. JACKSON , Chief District Judge . In November 2009, Michael Clayton of Plaintiff Michael Clayton Enterprises, LLC ("Plaintiff") entered into a contract with Defendant Nathian Hossley of Defendant First Millennium Construction, LLC (collectively, "Defendants"). ( See Doc. 18 at 3). According to Plaintiff, the contract stipulated: (1) that Plaintiff would invest $300,000 in Defendant First Millennium Construction, LLC's SMILE 2 Weatherization Project, in...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RICHARD L. BOURGEOIS, Jr. , Magistrate Judge . Before the Court is the plaintiff's Motion for a Temporary Restraining Order and a Preliminary Injunction (R. Doc. 11) asking the court to order the defendants to arrange for an MRI and a plan of treatment with a qualified specialist. This motion has been referred to the undersigned for review. (R. Doc. 12). The pro se plaintiff, an inmate incarcerated at Louisiana State Penitentiary ("LSP"),...
ORDER OF PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT BRIAN J. JACKSON , Chief District Judge . Except as otherwise expressly provided below or as the context otherwise requires, all capitalized terms used in this Order of Preliminary Approval of Proposed Settlement shall have the meanings and/or definitions given to them in the Settlement Agreement ("Settlement Agreement") entered into by and between Class Counsel, individually and on behalf of the Class, and Williams. The Settlement...
RULING AND ORDER BRIAN J. JACKSON , Chief District Judge . The Court is again confronted with a Motion to Dismiss for Insufficient Service of Process (Doc. 17) filed by Defendant Louisiana Workforce Commission, Office of Workers Compensation ("Defendant"), seeking to dismiss Plaintiff Bremenda Bellue's ("Plaintiff") Complaint (Doc. 1) for insufficient service of process under Federal Rule of Civil Procedure ("Rule") 12(b)(5). Plaintiff has opposed the motion and Defendant has filed a...
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is Defendant Westcoast Corporation's ("Defendant") Motion in Limine to Exclude Expert Testimony of Hannis T. Bourgeois, LLP, Ronnie E. Stamper, CPA, and Randy Bonnecaze, CPA (Doc. 23), which seeks to exclude expert testimony and expert reports that Plaintiff RCS Contractors, Inc. ("RCS") and its president, Plaintiff Roland A. Alonso (collectively, "Plaintiffs"), intend to introduce at trial. Oral argument is not...
RULING AND ORDER JUDGE JOHN W. deGRAVELLES , UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF LOUISIANA. Before the Court is Defendant E.I. du Pont de Nemours and Company's ("DuPont") Motion to Dismiss Hostile Work Environment Claims Under Rule 12(b)(6). (Doc. 52.) Plaintiff Allen Williams ("Williams") opposes the motion. (Doc. 55.) Also before the Court is Williams' request for leave to amend his Complaint. (Doc. 55 at 7.) DuPont opposes the request. (Doc. 57 at 3.) The Court has...
ORDER RICHARD L. BOURGEOIS, Jr. , Magistrate Judge . This matter is before the court on Defendants' Second Motion in Limine (R. Doc. 29) filed on October 7, 2015. In accordance with Local Rule 7(f), the court extended the deadline for Plaintiffs to respond to this motion to December 7, 2015. (R. Doc. 37 at 3). Plaintiffs have not filed an opposition as of the date of this Order. The motion is therefore unopposed. I. Background On July 1, 2014, Wesley Naul and Ashley Naul (collectively "...
RULING AND ORDER JUDGE JOHN W. deGRAVELLES , UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF LOUISIANA This matter comes before the Court on the Motion for Summary Judgment (Doc. 60) filed by Defendant, University of Louisiana System. Plaintiff Melinda Mitchell opposes the motion. (Doc. 75.) Oral argument is not necessary. Having carefully considered the law, facts in the record, and arguments of the parties, the Defendant's motion is granted in part and denied in part. I. Introduction...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION RICHARD L. BOURGEOIS, JR. , Magistrate Judge . This matter is before the court on a sua sponte order requiring briefing on this court's subject-matter jurisdiction over the member case in these consolidated actions, Grimmer v. State Farm Fire & Casualty Company , No. 15-473-JWD-RLB (M.D. La.) (the " Grimmer action" Doc. 21). 1 The court required the parties to address the "amount in controversy" requirement for the exercise of diversity...
