REPORT AND RECOMMENDATION PATRICK J. HANNA, Magistrate Judge. Currently pending is the motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(2), which was filed by defendant Port Barre Police Department. (Rec. Doc. 10). The motion is unopposed. The motion was referred to the undersigned for review, report, and recommendation in accordance with the provisions of 28 U.S.C. 636 and the standing orders of this Court. (Rec. Doc. 13). For the following reasons, the undersigned finds that the Port...
REPORT AND RECOMMENDATION PATRICK J. HANNA, Magistrate Judge. Currently pending is the motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(5), which was filed by defendants Robert Avery and Aquieta Hebert, both of whom contend that they were not properly served. (Rec. Doc. 9). The motion is opposed. (Rec. Doc. 14). The motion was referred to the undersigned for review, report, and recommendation in accordance with the provisions of 28 U.S.C. 636 and the standing orders of this Court. (Rec....
REPORT AND RECOMMENDATION KAREN L. HAYES, Magistrate Judge. Before the undersigned magistrate judge on reference from the District Court is a motion to dismiss for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6) [doc. # 9], filed by defendant, Voxx International Corporation ("Voxx"). The motion is opposed. For reasons assigned below, it is recommended that the motion to dismiss be GRANTED IN PART and DENIED IN PART. Background On June 6, 2014, Bradford...
REPORT AND RECOMMENDATION JAMES D. KIRK, Magistrate Judge. This matter was referred to me by the district judge for the taking of defendant's guilty plea. In accordance with the guilty plea entered before me on November 24, 2014, as set forth in the transcript of the plea colloquy filed in the record of this proceeding at document number 45, and for the reasons stated by me in the transcript of that proceeding, IT IS RECOMMENDED that the defendant's guilty plea be accepted and that defendant...
REPORT AND RECOMMENDATION JAMES D. KIRK, Magistrate Judge. This matter was referred to me by the district judge for the taking of defendant's guilty plea. In accordance with the guilty plea entered before me on November 24, 2014, as set forth in the transcript of the plea colloquy filed in the record of this proceeding at document number 46, and for the reasons stated by me in the transcript of that proceeding, IT IS RECOMMENDED that the defendant's guilty plea be accepted and that defendant...
SUA SPONTE BRIEFING ORDER PATRICK J. HANNA, Magistrate Judge. It is axiomatic that federal courts are courts of limited jurisdiction, and the burden of establishing federal-court jurisdiction rests on the party invoking the federal forum. 1 Therefore, the plaintiff, who filed this lawsuit in this forum, must bear the burden of establishing this Court's subject-matter jurisdiction. The plaintiff contends that this Court has subject-matter jurisdiction over this action because a claim...
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 waiver of indictment, 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 plea...
MEMORANDUM RULING S. MAURICE HICKS, Jr., District Judge. Before the Court is an unopposed Motion for Summary Judgment (Record Document 12) filed on behalf of Defendant The Kansas City Southern Railway Company ("KCSR"). KCSR moves for summary judgment, arguing there is no genuine dispute of any material facts regarding KCSR's lack of liability. See id. According to KCSR, "this case involves a trespasser unlawfully entering the vicinity of trackage, at night, in a highly impaired state, and...
Memorandum Ruling (Rec. Doc. 48) PATRICK J. HANNA, Magistrate Judge. Before the court is the Motion to Compel Discovery by Defendant Stone Energy [Rec. Doc. 48] which is opposed by Defendant Baker Petrolite Corporation [Rec. Doc. 52]. Oral argument was heard on December 16, 2014. For the reasons recited in open court and discussed further below, the motion is granted in part and denied in part. Factual and Procedural Background: Plaintiffs filed suit to recover sums they allege are...
MEMORANDUM RULING PATRICK J. HANNA, Magistrate Judge. Before the court is the motion for summary judgment filed by Defendant [Rec. Doc. 18] seeking dismissal of the plaintiff's claims against it under the Americans with Disabilities Act. For the reasons set forth below and discussed at oral argument on December 16, 2014, the motion is DENIED. Facts and Procedural Background: Plaintiff Kimberly Simon has a college degree in chemical engineering. In July, 2012, she was hired by Schlumberger...
MEMORANDUM ORDER MARK L. HORNSBY, Magistrate Judge. Jimmy Bullock filed this civil action against the Succession of Lauri Janae Flennigan Miller. He alleges that Ms. Miller, before she died, drove her vehicle in a negligent manner and caused an accident that seriously injured Mr. Bullock. The complaint alleges that Miller did not have any liability insurance coverage for the accident. An answer has been filed on behalf of the succession by Jeff L. Flenniken, who states that he was appointed...
RULING ROBERT G. JAMES, District Judge. This is a motor vehicle diversity case in which Plaintiff, Kinya Dawson ("Dawson") was allegedly injured when her vehicle collided with an 18-wheeler driven by Defendant Hector Carballosa ("Carballosa"). Pending is Plaintiff's Motion In Limine seeking the exclusion of certain evidence at trial. [Doc No. 32]. Defendants filed an Opposition Memorandum. [Doc. No. 35]. Plaintiff filed a reply. [Doc. No. 40]. For the following reasons, Plaintiff's...
MEMORANDUM ORDER KAREN L. HAYES, Magistrate Judge. Before the undersigned Magistrate Judge, on reference from the District Court, are two discovery-related motions: 1) motion for protective order [doc. # 20] filed by plaintiff William Benard Green; and 2) motion to compel, with an associated request for fees and expenses [doc. # 23] filed by defendants. For reasons assigned below, the motion for protective order is GRANTED, and the motion to compel is GRANTED IN PART and DENIED IN PART. 1...
REPORT AND RECOMMENDATION C. MICHAEL HILL, Magistrate Judge. Pending before the undersigned for report and recommendation is the Defendant, JPMorgan Chase Bank, N.A.'s ("Chase") Rule 12(b)(6) Motion to Dismiss Plaintiffs' Complaint filed on September 22, 2014 [rec. doc. 3]. Plaintiffs, Sandra Curley and Mark Curley (the "Curleys"), proceeding pro se, filed opposition on October 8, 2014. [rec. doc. 10]. Oral argument was scheduled for November 19, 2014. For the following reasons, I...
MEMORANDUM ORDER MARK L. HORNSBY, Magistrate Judge. Plaintiffs filed this civil action against several defendants, who removed the case based on an assertion of diversity jurisdiction. Defendants acknowledged that Plaintiffs and defendant Vernon Chance are Louisiana citizens, which would destroy diversity, but Defendants asserted that the citizenship of Chance should be ignored pursuant to the improper joinder doctrine, which is outlined in Smallwood v. Illinois Central RR Co., 385 F.3d...
REPORT AND RECOMMENDATION MARK L. HORNSBY, Magistrate Judge. Introduction Leon Mitchell ("Petitioner") was arrested on a charge of obscenity after a female police officer witnessed him fondling himself in downtown Shreveport. A jury returned a verdict of guilty. Petitioner, who has a lengthy criminal history, was adjudicated a fourth-felony offender and received a multiple offender enhanced sentence of life imprisonment. He exhausted his state court remedies and sought federal habeas relief...
MEMORANDUM ORDER MARK L. HORNSBY, Magistrate Judge. Plaintiffs filed this civil action against several defendants, who removed the case based on an assertion of diversity jurisdiction. Defendants acknowledged that Plaintiffs and defendant Vernon Chance are Louisiana citizens, which would destroy diversity, but Defendants asserted that the citizenship of Chance should be ignored pursuant to the improper joinder doctrine, which is outlined in Smallwood v. Illinois Central RR Co. , 385 F.3d...
ORDER KAREN L. HAYES, Magistrate Judge. Before the undersigned Magistrate Judge, on reference from the District Court, is a motion to quash subpoena [doc. # 27] filed by the United States. By this motion, the government seeks to quash a subpoena obtained by defendant Gerson D. Guevara-Miranda compelling the Custodian of Records for Louisiana State Police Troop F to appear at the office of defense counsel with the following documents in tow, (a) Any and all policies and procedures of the...
RULING KAREN L. HAYES, Magistrate Judge. Pending before the Court is a Motion for Summary Judgment [Doc. No. 120] filed by Defendant Nabors Drilling USA, LP ("Nabors"). Plaintiffs Dennis and Yolanda Holman ("the Holmans") have filed an opposition memorandum [Doc. No. 125], and Nabors has filed a reply memorandum [Doc. No. 129]. I. FACTS AND PROCEDURAL HISTORY Dennis Holman ("Holman") worked as a production operator for Greystar Corporation ("Greystar) aboard the ATP TITAN, a complex...
MEMORANDUM RULING ELIZABETH ERNY FOOTE Magistrate Judge. Following a nine-day jury trial, Defendant Daniel James Stanford (08) was convicted of each of the following counts: Count One (1), Conspiracy to Distribute or Possess with Intent to Distribute a Controlled Substance Analogue, in violation of 21 U.S.C. 813 and 846; Count Two (2), Conspiracy to Introduce or Cause to be Introduced Misbranded Drugs into Interstate Commerce, in violation of 18 U.S.C. 371; Count Three (3), Money...
