RULING DEE D. DRELL, Chief Judge. Before the Court is the Motion to Dismiss or in the Alternative, for Summary Judgment filed by the United States on behalf of the U.S. Forest Service and the Department of Agriculture (Doc. 25). 1 All responses have been filed, and the matter is ready for disposition. For the following reasons, the motion will be DENIED. I. Background On November 4, 2010, Plaintiffs, surviving family members of Billy Ray Longino, III, ("Mr. Longino") filed a Complaint...
MEMORANDUM RULING JAMES T. TRIMBLE, JR., District Judge. Before the court are two motions: (1) "Motion for Summary Judgment" (R. # 27) filed by defendants, Stallion OilField Construction, LLC and Stallion Oilfield Services, Ltd. (collectively referred to as "Stallion") and (2) "Motion for Summary Judgment by Defendant, Red Willow Offshore, LLC" (R. # 24) wherein the movers seek a dismissal of all claims of plaintiffs, Gregory Comeaux, Tredale Boudreaux and Mary Mayeux, James A. Pearce, Jonas...
RULING TUCKER L. MELANcedil;CON, District Judge. Before the Court are cross motions for summary judgment filed by plaintiff Daryl King, R. 18, and by defendant Unum Life Insurance Company of America ("Unum"), R. 22, and their respective memoranda in opposition thereto, R. 24, 25. For the reasons that follow, plaintiff's Motion for Summary Judgment will be DENIED and defendant's Motion for Summary Judgment will be GRANTED. I. Background 1 A. MAPP Construction, LLC's Long Term Disability...
MEMORANDUM RULING PATRICIA MINALDI, District Judge. Before the court is a Motion to Dismiss Pursuant to Rule 12(b)(6) [Doc. 10], filed by the defendants, CITGO Petroleum Corporation ("CITGO") and Fidelity Investments Institutional Operations Company, Inc. ("Fidelity"). The motion is opposed by the plaintiff, Mary Nixon [Doc. 14]. CITGO and Fidelity filed a Reply to the plaintiffs opposition [Doc. 15]. The undersigned finds that this court does not have subject matter jurisdiction over the...
MEMORANDUM RULING AND ORDER TUCKER L. MELAN ON, District Judge. Before the Court are appeals from the Magistrate Judge's Memorandum Ruling of July 25, 2012, R. 197, that denied defendant Amerisure Mutual Insurance Company's "Motion To Enforce Settlement Agreement, To Dismiss All Cross-Claims Of Chubb, To Preclude Further Discovery, And To Submit Pending Motions For Consideration In Accordance With The Fifth Circuit Decision," R. 198, and that denied defendant Chubb Custom Insurance...
MEMORANDUM RULING PATRICIA MINALDI, District Judge. Before the court is a Motion to Dismiss [Doc. 5], filed by the defendant, the United States of America. The Motion is opposed by the plaintiff, Laura Harris Winford [Doc. 9]. The United States filed a Reply to Winford's Memorandum in Opposition [Doc. 10]. For the reasons stated herein, the motion will be DENIED. BACKGROUND Winford is one of three executors of the Estate of Laura McEldowney Bishop, who died on October 29, 2002. 1 Under...
MEMORANDUM RULING TUCKER L. MELAN ON, District Judge. Before the Court is a Motion for Summary Judgment filed by defendant, Cal Dive Offshore Contractors, Inc. ("Cal Dive"), [Rec. Doc. 68] and plaintiff, John Fontenette's, memorandum in opposition to Cal Dive's motion [Rec. Doc. 75], as well as a Motion For Summary Judgment filed by defendant, Apache Corporation ("Apache"), [Rec. Doc. 69], and plaintiff, John Fontenette's, memorandum in opposition to Apache's motion [Rec. Doc. 74]. For the...
ORDER C. MICHAEL HILL, Magistrate Judge. Review of the complaint reveals that defendant, Becket Breaux, was sued individually. Review of the answer filed by the defendant reveals that he has asserted the defense of qualified immunity. To the extent that the defendant was sued in his individual capacity, the heightened pleadings requirements apply. See Baker v. Putnal, 75 F.3d 190 , 195 (5th Cir. 1996). The undersigned finds that the allegations are insufficient as to the defendant....
MEMORANDUM RULING MARK L. HORNSBY, Magistrate Judge. Introduction Machelle Lee ("Plaintiff") alleges that she was a passenger in a pick-up truck driven by Verniss Dillon ("Dillon") when Dillon lost control of the truck and struck a brick wall. Plaintiff filed suit in DeSoto Parish seeking damages for her personal injuries. She named Dillon, Faithful + Gould, Inc. ("Faithful") and Zachry Industrial, Inc. ("Zachry") as Defendants. Faithful, which is alleged to be Dillon's employer at the time...
MEMORANDUM RULING S. MAURICE HICKS, Jr., Magistrate Judge. Before this Court is a Motion to Dismiss filed pursuant to Rule 12(b)(1) and Rule 12(b)(6). See Record Document 4. The motion was filed on June 18, 2012 by the Defendants the United States of America and Milton Davis. See id. Plaintiff Chandra Gilliard was given notice of the motion and allowed fourteen (14) calendar days to respond in opposition. See Record Document 5. To date, the motion is unopposed. For the following reasons,...
REPORT AND RECOMMENDATION PATRICK J. HANNA, Magistrate Judge. Before this Court is an appeal of the Commissioner's finding of non-disability. Considering the administrative record, the briefs of the parties, and the applicable law, it is recommended that the Commissioner's decision be AFFIRMED. BACKGROUND The claimant, Yolanda Ramsey, was born on August 28, 1970. 1 On April 14, 2009, at the age of 38, she applied for a period of disability, disability insurance benefits, and Supplemental...
REPORT AND RECOMMENDATION MARK L. HORNBY, Magistrate Judge. Introduction A Caddo Parish jury convicted Calvin Thomas ("Petitioner") of distribution of cocaine. He was adjudicated a fourth-felony offender and given a life sentence. He filed a direct appeal, State v. Thomas , 842 So.2d 1206 (La. App. 2d Cir. 2003), writ denied , 842 So.2d 507 (La. 2004), and a post-conviction application. He then filed this petition for writ of habeas corpus. For the reasons that follow, it is recommended...
REPORT AND RECOMMENDATION ON FELONY GUILTY PLEA BEFORE THE UNITED STATES MAGISTRATE JUDGE KAREN L. HAYES, Magistrate Judge. Pursuant to Title 28, United States Code, Section 636(b), and with the written and oral consent of the defendant, this matter has been referred by the District Court for administration of Guilty Plea, and Allocution under Rule 11 of the Federal Rules of Criminal Procedure. This cause came before the undersigned U. S. Magistrate Judge for a change of plea hearing and...
REPORT & RECOMMENDATION KAREN L. HAYES, Magistrate Judge. Before the court is plaintiff's petition for review of the Commissioner's denial of social security disability benefits. The district court referred the matter to the undersigned United States Magistrate Judge for proposed findings of fact and recommendation pursuant to 28 U.S.C. 636(b)(1)(B) and (C). For the reasons assigned below, it is recommended that the decision of the Commissioner be REVERSED and REMANDED for further...
MEMORANDUM RULING KAREN L. HAYES, Magistrate Judge. Before the undersigned magistrate judge, on reference from the district court, is a motion to remand [doc. # 19] filed by plaintiffs Nicholas Wade Spillers, et al. 1 Removing defendants Chevron U.S.A., Inc., et al., oppose the motion. The defendants have also filed a motion to strike an affidavit attached to the plaintiff's motion to remand. Doc. # 25. Plaintiffs oppose this motion. For reasons stated below, the motion to strike is DENIED,...
REPORT AND RECOMMENDATION ON ATTORNEY FEES JAMES D. KIRK, Magistrate Judge. In this case, plaintiff asks the court for an award of attorney's fees under the Equal Access to Justice Act, 28 U.S.C. 2412(d), hereinafter "EAJA" [ Doc. # 19 ]. The government's position in this case was not substantially justified. The EAJA provides in relevant part that the amount of fees awarded "shall be based upon prevailing market rates for the kind and quality of the services furnished, except that . . ....
REPORT AND RECOMMENDATION ON ATTORNEY FEES JAMES D. KIRK, Magistrate Judge. In this case, plaintiff asks the court for an award of attorney's fees under the Equal Access to Justice Act, 28 U.S.C. 2412(d), hereinafter "EAJA" [ Doc. # 15 ]. The government's position in this case was not substantially justified. The EAJA provides in relevant part that the amount of fees awarded "shall be based upon prevailing market rates for the kind and quality of the services furnished, except that . . ....
REPORT AND RECOMMENDATION C. MICHAEL HILL, Magistrate Judge. Pending before the undersigned for report and recommendation is the Motion to Dismiss and Compel Arbitration filed by defendants, HSS Systems, LLC, Shelly Lee, Kathleen O'Sullivan, James Miller, and Harriet Palombo (collectively "HSS"), on October 28, 2011. [rec. doc. 4]. Plaintiff, Krystal Nabors ("Nabors"), filed opposition on November 20, 2011. [rec. doc. 10]. HSS filed a Reply Memorandum on November 30, 2011. [rec. doc. 16]....
REPORT AND RECOMMENDATION PATRICK J. HANNA, Magistrate Judge. Before this Court is an appeal of the Commissioner's finding of non-disability. Considering the administrative record, the briefs of the parties, and the applicable law, it is recommended that the Commissioner's decision be AFFIRMED. BACKGROUND The claimant, Clara Melancon, was born on June 21, 1949. 1 On February 25, 2009, at the age of 59, she applied for disability insurance benefits, alleging a disability onset date of...
REPORT AND RECOMMENDATION PATRICK J. HANNA, Magistrate Judge. Before this Court is an appeal of the Commissioner's finding of non-disability. Considering the administrative record, the briefs of the parties, and the applicable law, it is recommended that the Commissioner's decision be AFFIRMED. BACKGROUND The claimant, Joann Marie Broussard, was born on April 6, 1958. 1 On January 15, 2009, at the age of 51, she applied for disability insurance benefits and also for Supplemental Security...
