RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is the Motion for Reconsideration (Doc. 50) filed by Defendant, Warden Rushing. Defendant requests that the Court revise its previous Ruling and Order (Doc. 47) concerning the state-law vicarious liability claim against him. For the following reasons, the Motion for Reconsideration is GRANTED. I. BACKGROUND Plaintiff alleges that she was attacked by Karleen Leglue, a deputy employed by the Livingston Parish...
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . The Court issued an Order to Show Cause (Doc. 23) as to why the Court should not disqualify Robert C. Barrett, Jr., as serving as counsel of record for the Plaintiffs on September 26, 2017. For the following reasons, Robert C. Barrett, Jr. is disqualified as counsel of record for the Plaintiffs. I. BACKGROUND On January 1, 2017, Plaintiffs Joseph Anselmo and Delzorah Anselmo filed a Complaint alleging that they overpaid income...
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is the Motion for Partial Summary Judgment (Doc. 44) filed by Major Leonard Williams, and Sergeant Adam Frye, and Captain Alonzo Webb. Plaintiff did not file an opposition. For the reasons that follow, the motion is GRANTED IN PART and DENIED IN PART. I. FACTUAL HISTORY Because Plaintiff has not opposed Defendants' motion, pursuant to Local Rule 56(b), 1 all material facts set forth in Defendants' statement...
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is the Joint Motion to Vacate Judgment and to Dismiss All Parties and All Claims with Prejudice (Doc. 93) filed by Plaintiff Bayou-Industrial Sales, LLC, Defendant Petro-Valve, Inc., and Third Party Defendants Keith Foote and David Foote (the "Parties"). On November 8, 2017, the Court issued an eighteen page Ruling on cross-motions for summary judgment filed by Plaintiff and Defendant. (Doc. 90). The Court...
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Petitioner Thurman Ray Morris filed a Motion to Correct Sentence (Doc. 311) and a Motion to Vacate Under 2255 (Doc. 319). Petitioner claims that he is entitled to 14 months credit for the time he spent in the Louisiana Department of Corrections, as well as 12 months he spent in Federal Custody, awaiting trial and sentencing, for a total of 26 months. (Doc. 311 at p. 3). I. BACKGROUND On July 1, 2015, Petitioner pled guilty...
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is the opposed Report of Special Master Paul J. Herbert For June 2017 (Doc. 433) ("Report") pursuant to Rule 53(a)(1) of the Federal Rules of Civil Procedure. The Report addresses Plaintiffs' Second Motion to Maintain the Status Quo (Doc. 410) ("Second Motion"), which was referred to the Special Master on May 05, 2017, for his report and recommendation. (Doc. 413). Plaintiffs Elzie Ball, Nathaniel Code, and...
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is the Motion to Vacate under 28 U.S.C. 2255 (Doc. 65) and the Amended Motion to Vacate under 28 U.S.C. 2255 (Doc. 72) filed by Petitioner Timothy Washington. Also before the Court is the Motion to Expand the Record (Doc. 80) filed by the United States. 1 Petitioner requests that the Court vacate his sentence in light of Johnson v. United States, 576 U.S. ___, 135 S.Ct. 2551 (2015). In Johnson,...
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court are the Motion for Expedited Hearing on the Motion for Preliminary Injunction (Doc. 12) and the Motion for Expedited Hearing/Submission (Doc. 10) filed by Plaintiff, Western Surety Company ("Western"). Jurisdiction is proper pursuant to 28 U.S.C. 1332. For the following reasons, the motions are DENIED. I. BACKGROUND Western is an out-of-state corporation authorized to engage in business as a surety in...
ORDER ERIN WILDER-DOOMES , Magistrate Judge . Before the Court is an Unopposed Motion for Leave to File First Supplemental and Amending Complaint, 1 filed by plaintiff Katlyn Gillies. In the Motion, Plaintiff seeks to add Event Medical Staffing Solutions, LLC, Daniel Lauber, Marcus Edwards and Nationwide Mutual Insurance Company as defendants in this matter. 2 The proposed First Supplemental and Amending Complaint ("Amended Complaint"), however, fails to adequately allege the...
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 dated December 5, 2017, to which an objection was filed; IT IS ORDERED that the Motion to Remand, (Doc. 18) be GRANTED and that this matter be remanded to the 19th Judicial District Court for the Parish of East Baton Rouge, State of Louisiana.
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . The Court issued an Order to Show Cause (Doc. 23) as to why the Court should not disqualify Robert C. Barrett, Jr., as serving as counsel of record for the Plaintiffs on September 26, 2017. For the following reasons, Robert C. Barrett, Jr. is disqualified as counsel of record for the Plaintiffs. I. BACKGROUND On January 1, 2017, Plaintiffs Joseph Anselmo and Delzorah Anselmo filed a Complaint alleging that they overpaid income...
RULING AND ORDER BRIAN A. JACKSON , CHIEF JUDGE . Defendant Thomas Adams filed a Motion to Terminate Supervision (Doc. 21), seeking to end his period of supervision early because he has complied with the conditions of his pretrial diversion agreement. On July 13, 2016, Defendant was indicted for possession of an unregistered firearm in violation of 26 U.S.C. 5861(d). (Doc. 1). He then entered a pretrial diversion agreement with the United States Attorney's Office for the Middle...
ORDER ERIN WILDER-DOOMES , Magistrate Judge . Before the Court is an Unopposed Ex Parte Motion for Leave, filed by plaintiff VMK Enterprise ("VMK"). 1 The proposed Second Amended Complaint, 2 however, fails to properly allege the citizenship of the parties. The proposed Second Amended Complaint contains the following allegations regarding citizenship: The Second Amended Complaint of VMK Enterprise, a Louisiana Partnership (composed of partners Vickey Lott, Kim Hutchinson, Monica...
ORDER RICHARD L. BOURGEOIS, JR. , Magistrate Judge . Before the Court is Plaintiff's Motion to Compel (R. Doc. 61) filed on November 17, 2017. Plaintiff seeks an order requiring the Louisiana Department of Education ("Department") to comply with a subpoena. Defendant has filed an opposition. (R. Doc. 72). Tabbatha Johnson ("Plaintiff") is proceeding pro se and in forma pauperis. (R. Doc. 3). Plaintiff brings this employment discrimination against Plaintiff's former employer, East...
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 dated November 14, 2017, to which no objection was filed; IT IS ORDERED that the Motion to Remand, (Doc. 10) be GRANTED and that this matter be remanded to the 23rd Judicial District Court for the Parish of Ascension, State of Louisiana.
RULING AND ORDER JOHN W. deGRAVELLES , District Judge . This matter comes before the Court on a "Motion to Reduce Period of Sex Offender Registration" filed by Defendant Dwayne J. McGrath. ("Motion," Doc. 28). In 2004, Defendant was convicted in federal court of one count of possessing child pornography and sentenced to forty-one months' imprisonment and three years' supervised release. (Doc. 24 at 1-3). In 2006, Defendant began a period of annual sex offender registrations pursuant to...
ORDER BRIAN A. JACKSON , Chief District Judge . Defendant Westcoast Corporation filed a Motion for Stay of Judgment and Approval of Supersedas Bond (Doc. 132) and a Motion for Leave to File Supersedeas Bond for $601,867.92 (Doc. 133). Plaintiffs did not file an opposition. On October 13, 2017, the Court entered an Amended Final Judgment in the amount of $501,556.60 against the Defendant. (Doc. 130). On November 3, 2017, the Defendant filed a notice of appeal. (Doc. 131). Federal Rule...
RULING AND ORDER BRIAN A. JACKSON , Chief Judge . Petitioner Thurman Ray Morris filed a Motion to Correct Sentence (Doc. 311). Petitioner claims that he is entitled to 14 months credit for the time he spent in the Louisiana Department of Corrections, as well as 12 months he spent in Federal Custody, awaiting trial and sentencing, for a total of 26 months. (Doc. 311 at p. 3). I. BACKGROUND On July 1, 2015, Petitioner pled guilty to conspiring to distribute and possess with intent to...
RULING AND ORDER JOHN W. deGRAVELLES , District Judge . I. INTRODUCTION Before the Court is Defendant the State of Louisiana's Motion for Summary Judgment. ("Motion," Doc. 71). Plaintiff Thelma Layton has filed an Opposition, (Doc. 75), and Defendant has filed a Reply in further support of the Motion. (Doc. 78). The Court has reviewed the briefing and is prepared to rule. For the reasons set forth below, Defendant's Motion is granted in part and denied in part. II. FACTUAL AND...
RULING AND ORDER BRIAN A. JACKSON , Chief District Judge . Before the Court is the United States Magistrate Judge's Report and Recommendation (Doc. 23), issued pursuant to 28 U.S.C. 636(b)(1), addressing Plaintiff Brown & Root Industrial Services, LLC's Motion to Remand (Doc. 6). The Magistrate Judge recommended that the motion be denied. (Doc. 23 at p. 18). Under 28 U.S.C. 636(b)(1)(C) and Federal Rule of Civil Procedure 72, the parties had fourteen days from the date they...
