MEMORANDUM RULING PATRICIA MINALDI , District Judge . Presently before the court is the defendant's Motion to Reconsider (Rec. Doc. 47) Ruling on Motion to Dismiss (Rec. Doc. 38), a Response in Opposition (Rec. Doc. 48) by the government, a Reply (Rec. Doc. 49) by the defendant, a Sur-Reply (Rec. Doc. 50) by the government, and Reply to the Sur-Reply (Rec. Doc. 51) by the defendant. For the following reasons, Motion to Reconsider (Rec. Doc. 47) will be DENIED. FACTS & PROCEDURAL...
MEMORANDUM RULING REBECCA F. DOHERTY , District Judge . This matter comes before the Court with a unique procedural history. Formally, pending before this Court is "Defendant's Motion to Vacate Stay," [Doc. 91]; an order granting a stay, having been signed on November 10, 2016. [Doc.80] Thereafter, this matter was re-assigned to this court on December 14, 2017. Subsequently, Defendant properly filed the "Motion to Vacate" now pending before this Court. Thereafter, the Government and...
MEMORANDUM RULING PATRICIA MINALDI , District Judge . Before the court is an Appeal of the Magistrate Judge's Decision (Rec. Docs. 67, 95) ordering pretrial detention. This appeal has been opposed by the government (Rec. Doc. 96). The court finds that the record is sufficient to determine this issue without a hearing and for the following reasons that appeal is denied. Procedural History The defendant Barry Druilhet, Jr. ("Druilhet") has been indicted on one count of Conspiracy to...
MEMORANDUM RULING PATRICIA MINALDI , District Judge . Before the court is a Motion to Vacate under 28 U.S.C. 2255 (Rec. Doc. 89) filed by the petitioner, Shawn R. Thibodeaux. The government filed a Response in Opposition (Rec. Doc. 94). Because the petitioner's Motion to Vacate is time-barred and procedurally barred, the court will DISMISS it WITH PREJUDICE. FACTS & PROCEDURAL HISTORY On November 27, 2012, the court accepted the petitioner's guilty plea of carrying a firearm...
JUDGMENT PATRICIA MINALDI , District Judge . This matter was referred to United States Magistrate Judge Carol B. Whitehurst for report and recommendation. After an independent review of the record, and noting the defendant's waiver of any objections, this Court concludes that the Magistrate Judge's report and recommendation is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED that, in accordance with the terms of the...
JUDGMENT PATRICIA MINALDI , District Judge . This matter was referred to United States Magistrate Judge Carol B. Whitehurst for report and recommendation. After an independent review of the record, and noting the defendant's waiver of any objections, this Court concludes that the Magistrate Judge's report and recommendation is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED that, in accordance with the terms of the...
MEMORANDUM RULING PATRICIA MINALDI , District Judge . Before the court is a Motion to Dismiss for Failure to State a Claim (Rec. Doc. 14) filed by the defendant WAITR, Inc. (WAITR) and its corresponding memorandum in support (Rec. Doc. 15), a Response (Rec. Doc. 21) filed by the plaintiff Waiter.com, Inc. (Waiter.com), and a Reply (Rec. Doc. 22) filed by WAITR. For the following reasons, the court will GRANT IN PART and DENY IN PART the defendant's Motion to Dismiss. FACTS &...
MEMORANDUM RULING PATRICIA MINALDI , District Judge . Before the court is an appeal from a final administrative decision made by the Social Security Administration (Rec. Doc. 1) filed by the plaintiff David Church. Church has filed a brief, explaining his grounds for appeal (Rec. Doc. 7), and the Commissioner has filed a response (Rec. Doc. 8). For the following reasons, the final administrative decision made by the Social Security Administration will be AFFIRMED. FACTS & PROCEDURAL...
MEMORANDUM ORDER PATRICIA MINALDI , District Judge . Before the court is a Motion to Transfer Venue (Rec. Doc. 31) and a Motion for Recusal (Rec. Doc. 31) 1 filed by the plaintiff, Lazaro Cribeiro. Defendant Brett Broussard filed a Response (Rec. Doc. 33). For the following reasons, the plaintiff's Motions are DENIED. The plaintiff argues that venue should be transferred from Western District of Louisiana Lake Charles Division to the Eastern District of Louisiana in New Orleans. He...
MEMORANDUM RULING PATRICIA MINALDI , District Judge . Before the court is a Motion to Dismiss Plaintiffs' Second Amending and Supplemental Petition (Rec. Doc. 74) filed by the defendant American Tower Corporation (ATC), a Response (Rec. Doc. 79) filed by the plaintiffs, and a reply (Rec. Doc. 83) filed by ATC. For the following reasons, ATC's Motion to Dismiss (Rec. Doc. 74) is GRANTED IN PART and DENIED IN PART. FACTS & PROCEDURAL HISTORY William Wayne Precht, Jr., was killed when...
JUDGMENT PATRICIA MINALDI , District Judge . For the reasons stated in the two Reports and Recommendations (Rec. Docs. 72, 73) of the Magistrate Judge previously filed herein, after an independent review of the record, a de novo determination of the issues, and determining that the findings are correct under applicable law, IT IS ORDERED that the defendant, Heather West's Motion to Dismiss (Rec. Doc. 27) is GRANTED, and the plaintiff's claims against West are DISMISSED WITH...
RECOMMENDATION ON REQUEST FOR DISTRIBUTION OF FUNDS PATRICK J. HANNA , Magistrate Judge . This Court having reviewed the Request for Distribution of Funds submitted by Gary J. Russo, Special Master on December 8, 2016 for the month of November 2016, and any and all objections received, I recommend to the Court that the Request be: Paid _____ Paid, with modifications, for the reasons found in the Memorandum Ruling filed of even date herewith. _____ Denied, for the reasons found in...
RULING AND ORDER DEE D. DRELL , Chief District Judge . Before the Court is the motion of defendant Sutherland Global Services ("Sutherland"), for summary judgment. (Doc. 32). All responsive pleadings have since been filed (Docs. 40, 44, 50), and the matter is ready for disposition. For the following reasons, Sutherland's Motion for Summary Judgment will be DENIED. I. Background and Procedural History This suit is brought pursuant to federal question jurisdiction by Plaintiffs Marcus...
TRIAL RULING REBECCA F. DOHERTY , District Judge . I. Introduction This matter comes before this Court through trial on the merits by way of briefs. Island Operating Co., Inc. ("Island") appeals an issuance of a Notice of Incident of Noncompliance ("INC") by the Bureau of Safety & Environmental Enforcement ("BSEE"), pursuant to the Administrative Procedure Act, and brings separate challenges to the actions of BSEE, as well as other U.S. officers and agencies, pursuant to the Outer...
REPORT AND RECOMMENDATION CAROL B. WHITEHURST , Magistrate Judge . This matter is before the Court on: a Motion to Remand (Doc. 8), filed by Plaintiff Montague Green; a Memorandum in Opposition (Doc. 10), filed by Defendants Jonathan Freedle ("Freedle") and Ace American Insurance Company ("Ace American") (collectively "Defendants"); and Plaintiff's Reply (Doc. 13). For the following reasons, the undersigned recommends that the Motion To Remand be denied. I. Background This action arises...
REPORT AND RECOMMENDATION PATRICK J. HANNA , Magistrate Judge . Pending before this Court is a motion to remand (Rec. Doc. 28), which was filed by the plaintiff, Sheri Dugas. The motion is opposed. 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. For the following reasons, it is recommended that the motion be granted. BACKGROUND The plaintiff alleged that, on...
REPORT AND RECOMMENDATION PATRICK J. HANNA , Magistrate Judge . Pending before this Court is a motion to remand (Rec. Doc. 26), which was filed by the plaintiff, Michelle Jeanmard. The motion is opposed. 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. For the following reasons, it is recommended that the motion be granted. BACKGROUND The plaintiff alleges that,...
JUDGMENT DONALD E. WALTER , District Judge . The Report and Recommendation of the Magistrate Judge having been considered, no objections thereto having been filed, and finding that same is supported by the law and the record in this matter, IT IS ORDERED that plaintiff's motion for authorization of attorney fees pursuant to 42 U.S.C. 406(b) [doc. #17] is GRANTED, as modified, and that plaintiff's counsel, Matthew Lane, Jr., receive a net fee award of $5,033.23.
ORDER DEE D. DRELL , Chief District Judge . Before the court is a motion to exclude plaintiff's expert, Timothy P. Moran, M.D., (Doc. 25) filed by Janssen Pharmaceuticals, Inc., Johnson & Johnson and Janssen Research and Development, L.L.C. ("Defendants"). The motion has been appropriately briefed and is ripe for decision. For the reasons explained below, the court finds motion should be GRANTED. I. BACKGROUND Plaintiff filed suit on March 4, 2015 alleging that he developed...
ORDER REBECCA F. DOHERTY , District Judge . Gary J. Russo, Special Master, submitted a Request for Distribution of Funds to this Court on November 17, 2016 (Invoice No. 860659) for services rendered for the month of October, 2016. Magistrate Judge Hanna has reviewed the Request and made a recommendation [Doc. No. 6655] that the Request be PAID. Considering the Request, Magistrate Judge Hanna's recommendation, and that no objections were lodged, IT IS HEREBY ORDERED that the Request for...
