RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is the United States Magistrate Judge's Report and Recommendation (Doc. 16) under 28 U.S.C. 636(b)(1). The United States Magistrate Judge recommends that the Court deny Plaintiffs Motion to Remand (Doc. 12) this action to the 19th Judicial District Court for the Parish of East Baton Rouge. The Report and Recommendation notified the parties that they had 14 days from the date they received the Report and...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is Defendant O'Reilly Automotive Stores, Inc.'s Motion for Summary Judgment (Doc. 11) against Plaintiff Andrea James. No opposition was filed. For the reasons that follow, the Motion (Doc. 11) is GRANTED. I. BACKGROUND This disability-discrimination suit arises from Andrea James's employment with O'Reilly as a delivery specialist. (Doc. 1-1). After O'Reilly fired her, James sued O'Reilly under the Americans with...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is Plaintiffs LaShina Davis and Terry Davis's Motion in Limine (Doc. 34). For the reasons that follow, the Motion (Doc. 34) is GRANTED IN PART, DENIED IN PART, and DEFERRED IN PART. I. BACKGROUND This dispute arises from a rear-end collision on I-10 near Baton Rouge, Louisiana. (Doc. 16, 8). An eighteen-wheeler owned by Defendant GKD Management, L.P. struck an ambulance carrying LaShina Davis. ( Id. ). Davis...
RULING SHELLY D. DICK , District Judge . This matter is before the Court on the Motion for Summary Judgment 1 filed by Defendant Sid J. Gautreaux, III, Sheriff of East Baton Rouge Parish; Jody McJimsey, former Warden of the East Baton Rouge Parish Transitional Work Program; Patrick Cochran, Assistant Warden of the East Baton Rouge Parish Transitional Work Program; City/Parish Government of East Baton Rouge Parish; and the Louisiana Department of Corrections. Plaintiff Patricia Sue O'...
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 dated November 26, 2018, to which no opposition was filed; IT IS ORDERED that this matter, initiated by the Notice of Removal filed by Defendants EnLink Midstream Operating GP, LLC, EnLink Midstream Operating, LP, Greg Gibson and Edwin Cormier, Jr., is REMANDED to the Twenty-Third Judicial District Court, Parish of...
ERIN WILDER-DOOMES , Magistrate Judge . Please take notice that the attached Magistrate Judge's Report and Recommendation has been filed with the Clerk of the U.S. District Court. In accordance with 28 U.S.C. 636(b)(1), you have 14 days after being served with the attached report to file written objections to the proposed findings of fact, conclusions of law, and recommendations set forth therein. Failure to file written objections to the proposed findings, conclusions and...
RULING SHELLY D. DICK , Chief District Judge . This matter is before the Court on the Motion for Entry of Rule 54(b) Judgment 1 filed by Defendant United Parcel Service, Inc. ("UPS"). On July 9, 2018, the Court granted the Motion for Summary Judgment filed by UPS on the grounds that the Plaintiff failed to file an Opposition as required by the Local Rules of Court and the Federal Rules of Civil Procedure, and because the Court found the motion had merit. 2 For the following...
RULING SHELLY D. DICK , District Judge . This matter is before the Court on the Motion to Vacate under 28 U.S.C. 2255 1 and Motion to Correct Sentence and/or Record Pursuant to F.R.C.P. 36 2 by Defendant Jock R. Jones ("Defendant"). The Government has filed Oppositions 3 to these motions, to which Defendant filed a Reply. 4 In his Section 2255 motion, the Defendant contends that he is entitled to relief under Johnson v. United States 5 regarding the residual clause of the...
RULING SHELLY D. DICK , Chief District Judge . The Court, after carefully considering the Motion, 1 the record, the law applicable to this action, and the Report and Recommendation 2 of United States Magistrate Judge Richard L. Bourgeois, Jr. dated November 13, 2018, 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 Motion to Remand and for Sanctions 3 is...
RULING AND JUDGMENT OF REMAND SHELLY D. DICK , Chief District Judge . The Court has carefully considered the Motion, 1 the record, the law applicable to this action, and the Report and Recommendation 2 of United States Magistrate Judge Erin Wilder-Doom dated November 2, 2018, to which the Defendant, Liberty Mutual Insurance Company, filed an objection 3 which was also reviewed. The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is the United States Magistrate Judge's Report and Recommendation (Doc. 11) pursuant to 28 U.S.C. 636(b)(1). The Report and Recommendation addresses pro se Plaintiffs Motion to Remand. (Doc. 5). Plaintiff makes several arguments in support of remand. First, Plaintiff contends that remand is appropriate because she asserts "sex discrimination" rather than "race discrimination" under Title VII. (Doc. 5-1 at pp. 2-4)...
RULING SHELLY D. DICK , Chief District Judge . The Court has carefully considered the Motion , 1 the record, the law applicable to this action, and the Report and Recommendation 2 of United States Magistrate Judge Erin Wilder-Doom dated November 15, 2018, to which no objection was filed. The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. Accordingly , the Motion is DENIED, and this matter is referred for a...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is PetSmart, Inc.'s Motion in Limine (Doc. 26) to exclude the testimony of Matthew D'Aubin. For the reasons that follow, the Motion in Limine (Doc. 26) is DENIED. I. BACKGROUND Patricia Schilling sued PetSmart for negligence after she slipped and fell in the vestibule of a Denham Springs, Louisiana PetSmart store on a rainy day. (Doc. 1-1). To support her claim, Plaintiff retained Matthew D'Aubin to inspect the...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is PetSmart, Inc.'s Daubert Motion (Doc. 27) to exclude the testimony of Patricia Schilling's liability expert, Mitchell Wood. For the reasons that follow, the Motion (Doc. 27) is DEFERRED IN PART and DENIED IN PART. I. BACKGROUND Patricia Schilling sued PetSmart for negligence after she slipped and fell in the vestibule of a PetSmart store on a rainy day. (Doc. 1-1). She retained Mitchell Wood to test...
RULING SHELLY D. DICK , Chief District Judge . This matter is before the Court on the Motion for Summary Judgment 1 filed by Defendant DG Louisiana, LLC ("Dollar General" or "Defendant"). Plaintiff, Barbara Lilly ("Plaintiff") has filed an Opposition 2 to this motion, to which Defendant filed a Reply. 3 For the reasons which follow, Defendant's motion shall be DENIED. I. BACKGROUND On Saturday, July 4, 2015, on the way to her granddaughter's birthday party, Plaintiff entered a...
RULING SHELLY D. DICK , Chief District Judge . This matter is before the Court on the Motion for Partial Summary Judgment 1 filed by Plaintiffs, collectively known as the Louisiana Funds. Defendants, The Citco Group Limited ("Citco Group"), Citco Banking Corporation N.V. ("Citco Banking"), Citco Fund Services (Cayman Islands) Limited ("CFS Cayman"), and Citco Technology Management, Inc. ("CTM") (collectively, the "Citco Defendants") have filed an Opposition. 2 For the following...
RULING SHELLY D. DICK , District Judge . This matter is before the Court on the Motion for Summary Judgment on the Unpleaded Affirmative Defense of "Upset" 1 filed by Plaintiffs, Louisiana Environmental Action Network ("LEAN") and Stephanie Anthony ("Anthony") or ("collectively LEAN"). Defendant Exxon Mobil Corp. d/b/a ExxonMobil Chemical Co. ("Defendant" or "EMC") has filed an Opposition 2 to the motion, to which Plaintiffs filed a Reply. 3 For the following reasons, Plaintiffs'...
RULING AND ORDER BRIAN A. JACKSON , District Judge . Before the Court is PetSmart, Inc.'s Re-Urged Motion for Summary Judgment (Doc. 29) against Plaintiff Patricia Schilling. For the reasons that follow, the Re-Urged Motion for Summary Judgment (Doc. 29) is construed as a motion for reconsideration of the Court's July 23, 2018 Ruling and Order (Doc. 25) denying PetSmart's original summary judgment motion and is DENIED. I. BACKGROUND This dispute arises from injuries Plaintiff...
RULING SHELLY D. DICK , Chief District Judge . The Court, after carefully considering the Notice, 1 the record, the law applicable to this action, and the Report and Recommendation 2 of United States Magistrate Judge Erin Wilder-Doomes dated October 29, 2018, to which an objection 3 has been filed and reviewed, hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. ACCORDINGLY, this matter is DISMISSED WITHOUT...
RULING AND JUDGMENT OF REMAND SHELLY D. DICK , Chief District Judge . The Court has carefully considered the Motion, 1 the record, the law applicable to this action, and the Report and Recommendation 2 of United States Magistrate Judge Erin Wilder-Doom dated September 28, 2018. The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. Accordingly, the Motion to Remand 3 is hereby GRANTED, and this matter is...
