U.S. District Courts - Louisiana ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyFamily LawFinance & BankingGovernment BenefitsGovernment ContractsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMaritime LawMilitary LawPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTaxationTransportation Yakov DRABOVSKIY v. Warden YOUNG. , W.D.La., November 18, 2009 Rebecca L. Hudsmith, Wayne J. Blanchard, Federal Public Defenders Office, Lafayette, LA, for Yakov Drabovskiy. Katherine W. Vincent, U.S. Attorneys Office, Lafayette, LA, for Warden Young. MEMORANDUM RULING PATRICIA MINALDI, District Judge. Presently before the court is a "Motion to Proceed as Scheduled," which has been construed as an Appeal of the Magistrate Judge's Decision [docs. 52 & 53] staying the petitioner's habeas case. The Government filed a response [doc. 55]. Procedural Hi... Justin D. GUERRIERO v. AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY. , W.D.La., November 18, 2009 Justin D. Guerriero, pro se. Christopher Raymond Pennison, Larzelere Picou et al, Metairie, LA, for Defendant. MEMORANDUM RULING KAREN L. HAYES, United States Magistrate Judge. Before the undersigned Magistrate Judge, on reference from the District Court, is a motion to remand [doc. # 4] filed by plaintiff, Justin D. Guerriero. The motion is opposed. For reasons stated below, the motion to remand is DENIED. [FN1] FN1. As this is not one of the motions excepted in 28 U.S.C. § 636(b)(1)(A)... Jeffrey S. SONNICHSEN v. ARIES MARINE CORP. , W.D.La., November 18, 2009 Jamie Christopher Gary, Gary Law Firm, Baton Rouge, LA, for Plaintiff. George C. Plauche', Plauche' & Plauche', Lafayette, LA, for Defendant. MEMORANDUM RULING TUCKER L. MELANCON, Judge. Before the Court is a Motion for Summary Judgment filed by plaintiff, Jeffrey S. Sonnichsen [Rec. Doc. 11] and a cross Motion for Summary Judgment filed by defendant Aries Marine Corporation [Rec. Doc. 13] and plaintiff's opposition thereto [Rec. Doc. 15]. For the following reasons, each of the motions w... John C. NEWMAN v. Warden Steve RADER, et al. , M.D.La., November 18, 2009 John C. Newman, Jackson, LA, pro se. Samuel C. D'Aquilla, Clinton, LA, for Respondents. RULING SFRANK J. POLOZOLA, District Judge. The Court has considered the petitioner's application for leave to proceed in forma pauperis on appeal (R. Doc. 26), the certified trust fund account statement or institutional equivalent, and all consents and other documents required by the agency having custody of the appeal to withdraw funds from the account. The Court finds that the application for leave ... David Scott JOHNSON 84970 v. Mr. Burl CAIN, Warden, Et Al. , M.D.La., November 18, 2009 David Scott Johnson, Angola, LA, pro se. RULING ON MOTION CHRISTINE NOLAND, United States Magistrate Judge. This matter is before the Court on plaintiff's Motion for Appointment of Counsel and Motion for Appointment of Investigative Expert, filed November 16, 2009. (Dkt.# 11). Pro se plaintiff, David Scott Johnson, is an inmate at Louisiana State Penitentiary (LSP), Angola, Louisiana and filed this action pursuant to 42 U.S.C. § 1983 against the Warden of the prison and several guards at... Kishna Lashone JUDGE, on behalf of Kabian Jacoby Judge and Cherilyn Cole v. Anthony MANCUSO, Sheriff of Calcasieu Parish, Louisiana, et al. , W.D.La., November 17, 2009 MEMORANDUM ORDER PATRICIA MINALDI, District Judge. Before the Court is a Motion to Dismiss, or in the Alternative, Motion for Summary Judgment, [doc. 46], filed by defendant the State of Louisiana, Department of Public Safety and Corrections ("Department of Corrections"), The plaintiffs did not file an Opposition. FACTS Lawrence Lee Cole was incarcerated at the Calcasieu Correctional Center on January 28, 2007, when he suffered a seizure and was transported to W.O. Moss Regional Hospital. [... MARKET AMERICAN INSURANCE COMPANY v. Sturgon L. COCKRELL. , M.D.La., November 17, 2009 Patrick J. Briney, Christopher L. Zaunbrecher, Briney & Foret, Lafayette, LA, for Market American Insurance Company. Charles M. Stevenson, Law Offices of Charles M. Stevenson, Covington, LA, for Sturgon L. Cockrell. RULING ON MOTION FOR SUMMARY JUDGMENT JAMES J. BRADY, District Judge. Before the court are two Motions for Summary Judgment filed by Defendant (doc. 36) and Plaintiff (doc. 38). Defendant has also filed a Statement of Material Facts (doc. 37). Plaintiff has filed an Oppositio... Arnold P. McCALLON, Jr. v. 12th JUDICIAL DISTRICT, et al. , W.D.La., November 17, 2009 Arnold P. McCallon, Jr., Ferriday, LA, pro se. JUDGMENT JAMES T. TRIMBLE, JR., District Judge. For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law; IT IS ORDERED that Plaintiff's civil rights complaint be and is hereby DENIED and DISMISSED WITH PREJUDICE to being asserted again until the Heck conditions are met. REPO... Don BEVLY v. UNITED STATES of America & Warden J. Keffer. , W.D.La., November 17, 2009 Don Bevly, Pollock, LA, pro se. JUDGMENT JAMES T. TRIMBLE, JR., District Judge. For the reasons contained in the Report and Recommendation of the Magistrate Judge filed previously herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law; IT IS ORDERED THAT petitioner's Application for Federal Writ of Habeas Corpus Under 28 U.S.C. § 2241 be DENIED and DISMISSED WITH PREJUDICE. REPORT AND RECOMMENDATION JAMES D. KIRK, Un... Michael CATANIA, et al. v. ANCO INSULATIONS, INC., et al. , M.D.La., November 17, 2009 RULING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT JAMES J. BRADY, District Judge. This matter is before the Court on two motions. First, Defendant Pharmacia Corp. ("Pharmacia"), corporate successor to Lion Oil Co. ("Lion Oil"), filed a motion for summary judgment (doc. 202). Plaintiffs filed an opposition (doc. 218) and Pharmacia filed a reply (doc. 224). Plaintiffs then filed a surreply. (Doc. 227). The second motion (doc. 203), filed by Defendant Royal Indemnity Co. ("Royal"), the alleg... Steven M. HUNTER v. U.S. PAROLE COMMISSION. , W.D.La., November 17, 2009 Steven M. Hunter, Lewisburg, PA, pro se. Thomas B. Thompson, U.S. Attorneys Office, Lafayette, LA, for U.S. Parole Commission. RULING DEE D. DRELL, District Judge. Pending before the Court are a number of motions filed by the petitioner, Steven M. Hunter ("Mr.Hunter"), all of which relate to his initial complaint challenging the propriety of a decision by the United States Parole Commission ("USPC") denying him parole. Because the facts and circumstances surrounding Mr. Hunter's claims h... Michael CATANIA et al. v. ANCO INSULATIONS, INC., et al. , M.D.La., November 17, 2009 RULING JAMES J. BRADY, District Judge. The matter before the Court is a motion (doc. 201) to exclude the expert opinion of Plaintiff's expert, filed by defendant, Pharmacia Corp. ("Pharmacia"). Plaintiffs have filed an opposition. (Doc. 216). There is no need for oral argument. For the following reasons, Pharmacia's motion is DENIED. Barbara Catania ("decedent") passed away as a result of mesothelioma. She allegedly contracted mesothelioma through exposure to asbestos fibers embedded in th... PIERRET, et al v. AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS. , W.D.La., November 17, 2009 James P. Lambert, Lafayette, LA, for Donald P. Pierret, Madeline Gray. Corinne A. Morrison, Gregory J. Walsh, Chaffe McCall et al, New Orleans, LA, for American Family Life Assurance Company of Columbus. MEMORANDUM RULING TUCKER L. MELANCON, District Judge. Before the Court are plaintiffs', Donald P. Pierret and Madeline Gray, Motion for Summary Judgment [Rec. Doc. 15], an Opposition thereto by defendant, American Family Life Assurance Company of Columbus ("Aflac"), [Rec. Doc. 19], a... Quintessa HUEY, et al. v. SUPER FRESH/SAV-A-CENTER, INC., et al. , E.D.La., November 16, 2009 ORDER AND REASONS LANCE M. AFRICK, District Judge. Before the Court is a renewed motion [FN1] for judgment as a matter of law under Rule 50(b) filed by Great Atlantic and Pacific Tea Company, Inc. and Super-Fresh/Sav-A-Center, Inc. (collectively "A & P"). FN1. R. Doc. No. 629. A & P seeks judgment as a matter of law on the grounds that (1)plaintiffs failed to submit evidence that A & P abused its rights, (2)plaintiffs' negligent misrepresentation claims lacked evidentiary support... Quintessa HUEY, et al. v. SUPER FRESH/SAV-A-CENTER, INC., et al. , E.D.La., November 16, 2009 ORDER AND REASONS LANCE M. AFRICK, District Judge. Before the Court is a post-verdict motion, [FN1] filed by SuperFresh/Sav-A-Center, Inc. and Great Atlantic and Pacific Tea Company, Inc. (collectively "A & P"), seeking a set-off or credit as a result of payments plaintiffs received in settlement. For the following reasons, the motion is DENIED. FN1. R. Doc. No. 627. BACKGROUND In January, 2007, plaintiffs, Quintessa Huey and Caryn Fong, trustees of the Huey & Fong Trust, and Amy Huey,... In re FEMA TRAILER FORMALDEHYDE PRODUCTS LIABILITY LITIGATION This Document Relates to Member Case Nos. 09-2977 and 07-9228. , E.D.La., November 16, 2009 ORDER AND REASONS KURT D. ENGELHARDT, District Judge. Before the Court is the Motion for Reconsideration on the Motion to Strike Defendants' Medical Expert Dr. H. James Wedner (Rec.Doc.5602), filed by Plaintiffs Lyndon Wright and Elisha Dubuclet, individually and on behalf of her minor child Timia Dubuclet (collectively, "Plaintiffs"). After considering the memoranda filed by the parties and the applicable law, IT IS ORDERED that the Motion for Reconsideration on the Motion to Strike Defen... In re FEMA TRAILER FORMALDEHYDE PRODUCTS LIABILITY LITIGATION This Document Relates to Member Case No. 09-2977. , E.D.La., November 16, 2009 ORDER AND REASONS KURT D. ENGELHARDT, District Judge. Before this Court is Shaw Environmental, Inc.'s Motion for Summary Judgment Regarding Prescription (Rec.Doc.2581). In this action, Shaw Environmental, Inc. ("Shaw") asserts that Plaintiff's claims against it have prescribed. The motion is opposed. (Rec.Doc.2803). After reviewing the parties' memoranda and the applicable law, the Court denies this motion and finds that Plaintiff's claims against Shaw are timely. I. BACKGROUND After Hurri... Michael Paul CASTRILLO v. AMERICAN HOME MORTGAGE SERVICING, INC., Wells Fargo Bank, N.A. as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-through Certificates, Series 2005-OPT4. , E.D.La., November 16, 2009 ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court are defendants' motion to dismiss (R. Doc. 18) and Castrillo's motions for leave to file repleaded complaint (R. Doc. 20) and for summary judgment (R. Doc. 26). For the following reasons, defendants' motion to dismiss is DENIED in part and GRANTED in part. Castrillo's motion to amend is DENIED in part and GRANTED in part, and his motion for summary judgment is DENIED. I. BACKGROUND Castrillo was a homeowner in Bywater, New ... Pamela STEPHAN v. GREATER NEW ORLEANS FEDERAL CREDIT UNION, et al. , E.D.La., November 16, 2009 Robert Lucien Marrero, Robert L. Marrero, Attorney at Law, New Orleans, LA, for Plaintiff. Magdalen Blessey Bickford, Rene' Elizabeth Thorne, Susanne U. Veters, Jackson Lewis, LLP, New Orleans, LA, for Defendant. ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (R. Doc. 10). For the following reasons, the motion is GRANTED IN PART, and plaintiff's remaining state-... Samella ANDERSON v. MADISON PARISH SHERIFF'S DEPARTMENT, et al. , W.D.La., November 16, 2009 Samella Anderson, Monroe, LA, pro se. Freeman R. Matthews, Timothy R. Richardson, Usry Weeks & Matthews, New Orleans, LA, fOr Larry Cox, Sammy Byrd and Lisa Byrd. RULING ROBERT G. JAMES, District Judge. This lawsuit arises from Plaintiff Samella Anderson's ("Anderson") February 8, 2008 arrest. Anderson brought suit against Defendants Sheriff Larry Cox, Deputy Sammy Byrd, and Chief Deputy Lisa Byrd under 42 U.S.C. § 1983, asserting constitutional violations stemming from her false arrest ... Chad LANDRY & Jeanne Burns v. LANEY DIRECTIONAL DRILLING CO. & The State of Louisiana, through Department of Environmental Quality. , M.D.La., November 16, 2009 Robert M. Marionneaux, Jr., Unglesby & Marionneaux, LLC, Baton Rouge, LA, Scott C. Stassi, Plaquemine, LA, for Chad Landry and Jeanne Burns. Phillip Wade Devilbiss, Scott James Scofield, Scofield, Gerard, Singletary & Pohorelsky, Lake Charles, LA, for Laney Directional Drilling Co. Patrick Bayard McIntire, Oats & Hudson, Lafayette, LA, for the State of Louisiana. RULINGS AND ORDER JOHN V. PARKER, District Judge. This matter is before the court on a motion by defendant, the Louisiana ... Antoinette ANDERSON v. LAW FIRM OF SHORTY DOOLEY & HALL, et al. , E.D.La., November 16, 2009 Antoinette Anderson, New Orleans, LA, pro se. Edwin Mark Shorty, Shorty, Dooley & Hall, LLC, Gary M. Carter, Jr ., Marcus V. Brown, Sandra Diggs Miller, Entergy Services, Inc., Eraka V. Williams, James Bryan Mullaly, Penya M. Moses-Fields, City Attorney's Office, Nolan Patrick Lambert, Lambert & Lambert, Judy Y. Barrasso, Adam J. Swensek, Barrasso, Usdin, Kupperman, Freeman & Sarver, LLC, New Orleans, LA, for Defendant. ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court ... John JOHNSON, et al. v. BIG LOTS STORES, INC. , E.D.La., November 16, 2009 ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is defendant Big Lots Stores, Inc.'s motion for costs incurred in its defense against plaintiffs James Alford, Robert Charles, and Patty Hecker. (R. Doc. 531). For the following reasons, the Court DENIES the motion. I. Background In 2004, plaintiffs brought this overtime pay action against their employer, Big Lots Stores, Inc., under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219. As initially filed, plaintiffs w... Quintessa HUEY, et al. v. SUPER FRESH/SAV-A-CENTER, INC., et al. , E.D.La., November 16, 2009 Keith A. Kornman, Laura Marie Mayes, Degan, Blanchard & Nash, New Orleans, LA, for Quintessa Huey, et al. Harry Rosenberg, John P. Manard, Jr., S. Ault Hootsell, III, Jacqueline M. Brettner, Phelps Dunbar, LLP, New Orleans, LA, Richard E. King, John Emerson Galloway, Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, LA, Hilary M. Henkind, Mound, Cotton, Wollan & Greengrass, New York, NY, Marshall McAlis Redmon, Phelps Dunbar, LLP, Baton Rouge, LA, for Super Fresh/Sav-A-Center, Inc., et... Erick TOLSTON v. WARDEN, LINCOLN PARISH DETENTION CENTER. , W.D.La., November 16, 2009 Erick Tolston, Ruston, LA, pro se. MEMORANDUM JUDGMENT DONALD E. WALTER, District Judge. Proceeding pro se and requesting in forma pauperis (ifp) status, petitioner Erick Tolston filed the instant petition for habeas corpus on September 21, 2009. [Doc. 1] On October 1, 2009 he amended his petition and submitted his claims on the form provided for prisoners seeking habeas corpus relief pursuant to 28 U.S.C. § 2254. [Doc. 3] According to the pleadings, on June 30, 2009, petitioner's probation... AKRAM HAMAD, et al v. GEOVERA SPECIALTY INSURANCE COMPANY. , E.D.La., November 16, 2009 Brian J. Houghtaling, Gauthier, Houghtaling & Williams, Metairie, LA, for Akram Hamad, et al. Scott Glynn Jones, Lauren L. Hudson, Inabnet & Jones, LLC, Mandeville, LA, for Geovera Specialty Insurance Company. ORDER AND REASONS HELEN G. BERRIGAN, District Judge. This removed matter comes before the Court on the issue whether the jurisdictional amount existed at the time of removal and plaintiff's motion to remand. Having reviewed the record, the stipulation of the parties and the law, th... Sandy SMITH, Jr. v. Steve PRATOR, et al. , W.D.La., November 16, 2009 Sandy Smith, Jr., Three Rivers, TX, pro se. Edwin H. Byrd, III, Pettiette Armand et al., Shreveport, LA, for Steve Prator, Robert B. Wyche, Alfred L. Dinkins, Jr., Shelia Wright, T. Young, Bradley Acklen, Jennifer Jackson. MEMORANDUM ORDER S. MAURICE HICKS, JR., District Judge. Sandy Smith, Jr. ("Plaintiff"), appearing pro se, filed a Motion to Compel Discovery [Record Document 33] and a Motion for Default Judgment [Record Document 35] complaining about the defendants' untimely response ... ASSET FUNDING GROUP, L.L.C. v. ADAMS & REESE, L.L.P. , E.D.La., November 13, 2009 L.J. Hymel, Jr., Michael Reese Davis, Tim P. Hartdegen, Hymel Davis & Petersen, LLC, Baton Rouge, LA, Steven J. Katzman, Bienert, Miller, Weitzel & Katzman, San Clemente, CA, for Plaintiff. Daniel Lund, Ashley L. Belleau, Ryan M. McCabe, Montgomery Barnett, New Orleans, LA, for Defendant. ORDER AND REASONS IVAN L.R. LEMELLE, District Judge. Before the Court is Defendant's Motion for Partial Summary Judgment. (Rec.Doc. No. 426). The motion is opposed. (Rec.Doc.440). Defendant moves fo... NAPOLEON CORPORATION v. ESSEX INSURANCE COMPANY et al. , E.D.La., November 13, 2009 Joseph N. Marcal, III, Joseph N. Marcal, III, Attorney at Law, New Orleans, LA, for Napoleon Corporation. Alexander McVoy McIntyre, Jr., Baker Donelson Bearman Caldwell & Berkowitz, New Orleans, LA, John B. Davis, II, Baker Donelson Bearman Caldwell & Berkowitz, Baton Rouge, LA, for Essex Insurance Company et al. ORDER SARAH S. VANCE, District Judge. Before the Court is defendant Essex Insurance Company's objections to the Magistrate Judge's Report and Recommendation granting plaintiff N... Thomas J. ALLEMAN, individually and on behalf of his minor children, Justin Alleman and Kaitlyn Alleman, et al. v. OMNI ENERGY SERVICES CORP., et al. , E.D.La., November 13, 2009 Michael X. St. Martin, Charles Clarence Bourque, Jr., Christopher John St. Martin, St. Martin, Williams & Bourque, APLC, Conrad S.P. Williams, III, Williams Law Group, Houma, LA, Daniel G. Guidry, Guidry & Guidry, St. Martinville, LA, William B. Baggett, Sr., Wells Talbot Watson, Baggett, McCall, Burgess, Watson & Gaughan, Lake Charles, LA, A. Gerard Caswell, Law Office of A. Gerard Caswell, Eunice, LA, for Plaintiffs. Edward Settoon Johnson, Scott A. Shelton, Johnson, Johnson, Barrios & Yaco... Malcolm Louis LeBLANC, et al v. CHEVRON USA INC., et al. , E.D.La., November 13, 2009 John M. Futrell, Lee, Futrell & Perles, LLP, New Orleans, LA, John Francis Young, Jr., Hailey, McNamara, Hall, Larmann & Papale, L. Eric Williams, Jr., Williams Law Office, LLC, Metairie, LA, for Plaintiff. Gary A. Bezet, Alicia Edmond Wheeler, Allison N. Benoit, Barrye Panepinto Miyagi, Carol L. Galloway, Gregory M. Anding, Robert E. Dille, Kean Miller, Baton Rouge, LA, Anthony M. Williams, Kean Miller, New Orleans, LA, for Defendant. ORDER AND REASONS A.J. McNAMARA, District Judge. Bef... Bernadine Broussard THOMAS v. PROTECTIVE INSURANCE CO., et al. , W.D.La., November 13, 2009 Robert Michael Mchale, Jr., Mchale Law Firm, Lake Charles, LA, for Bernadine Broussard Thomas. Richard D. Chappuis, Jr., Voorhies & Labbe, Lafayette, LA, for Protective Insurance Co., et al. MEMORANDUM RULING JAMES T. TRIMBLE, JR., District Judge. Before the Court is a "Rule 37 Motion to Dismiss, or Alternatively, Sanctions" (doc. # 15) wherein the defendants, Protective Insurance Company, Central Freight Lines and Gerald J. Bertrand, move the Court to dismiss these consolidated actions ... COLUMBUS BANK & TRUST CO. d/b/a Synovus Capital Finance v. M/V SHOOTING STAR (Official No. 591191), her engines, tackle, appurtenances, etc., in rem Southern Offshore Transportation, LLC Frank Allen Leary, in personam. , W.D.La., November 13, 2009 Brian D. Wallace, Clay Vallon Bland, Jr., Michael M. Butterworth, Phelps Dunbar et al, New Orleans, LA, for Columbus Bank & Trust Co. d/b/a Synovus Capital Finance. Ruling (Rec.Doc. 15) C. MICHAEL HILL, United States Magistrate Judge. Before the court is an unopposed motion for interlocutory sale of vessel filed by plaintiff Columbus Bank and Trust Co., d/b/a/ Synovus Capital Finance. (Doc. 15). [FN1] For the following reasons the motion is granted. FN1. The deadline for defendant's opposit... Sidney ELAIR v. COMMISSIONER OF SOCIAL SECURITY. , W.D.La., November 13, 2009 Edward J. Cloos, III, Covington, LA, for Sidney Elair. John A. Broadwell, U.S. Attorneys Office, Shreveport, LA, for Commissioner of Social Security. JUDGMENT TUCKER L. MELANCON, District Judge. For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record including the objections filed by petitioner, and having determined that the findings and recommendation are correct under the applicable law; ... Rhonda DILL, et al. v. Sarah DEWITT, et al. , W.D.La., November 13, 2009 Peter Reichman Flowers, Law Office of Peter R. Flowers, J. Todd Benson, Ayres Warren et al, Mark William Rogers, Caddo Indigent Defender Office, Shreveport, LA, for Rhonda Dill, et al. Edwin H. Byrd, III, Pettiette Armand et al, Scott Jeffrey Chafin, Jr., Law Office of Scott J. Chafin, Jr., Shreveport, LA, for Sarah Dewitt, et al. MEMORANDUM RULING S. MAURICE HICKS, JR., District Judge. Before this Court is a Motion for Summary Judgment [Record Document 43], filed on behalf of the Defen... Mark James SAVOY v. ST. LANDRY PARISH COUNCIL, et al. , W.D.La., November 13, 2009 MEMORANDUM RULING TUCKER L. MELANCON, District Judge. Before the Court are a Motion for Summary Judgment filed by defendants, Sheriff Bobby Guidroz, Warden Calvin Moore and Tammy Prudhomme, individually and in their official capacities [Rec. Doc. 108] and plaintiff Mark James Savoy's "proposed" opposition thereto [Rec. Doc. 120]. Also before the Court are plaintiff's Motion To Extend Time to file his response [Rec. Doc. 122] and defendants' Motion To Strike plaintiff's proposed opposition [Re... MARQUETTE TRANSPORTATION COMPANY L.L.C., and HLC Tugs, L.L.C. v. Huey J. CHERAMIE. , E.D.La., November 12, 2009 John A. Scialdone, Armin John Moeller, Jr., Balch & Bingham, LLP, Gulfport, MS, for Marquette Transportation Company L.L.C., and HLC Tugs, L.L.C. John J. Broders, Jane Henican Heidingsfelder, William C. Baldwin, Jones Walker, New Orleans, LA, for Huey J. Cheramie. ORDER DANIEL E. KNOWLES, III, United States Magistrate Judge. Before the Court is plaintiffs' Motion for Leave to File Second Amended Complaint for Declaratory Judgment [Doc. # 9]. For the following reasons, the Court DENIES t... Kathy DOWNS v. Michael J. ASTRUE, Commissioner of Social Security Administration. , E.D.La., November 12, 2009 Kathy Downs, Marrero, LA, pro se. Jason M. Bigelow, U.S. Attorney's Office, New Orleans, LA, for Michael J. Astrue. ORDER A.J. McNAMARA, District Judge. The Court, after considering the complaint, the record, the applicable law, the Magistrate Judge's Report and Recommendation, and the objection to the Magistrate Judge's Report and Recommendation filed by the plaintiff on November 5, 2009, hereby approves the Magistrate Judge's Report and Recommendation and adopts it as its opinion. Acco... Elise LaMARTINA-HOWELL, et al. v. ST. TAMMANY PARISH SCHOOL BOARD, et al. , E.D.La., November 12, 2009 Elise LaMartina-Howell, Metairie, LA, pro se. Timothy Howell, Mandeville, LA, pro se. Harry Platton Pastuszek, Jr., Pastuszek & Associates, David S. Pittman, Attorney at Law, Leo R. Hemelt, District Attorney's Office, Covington, LA, Thomas P. Anzelmo, Kyle P. Kirsch, Shelley L. Whitehead, McCranie, Sistrunk, Metairie, LA, for Defendant. ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court are three motions filed by defendants Mandeville Police Department, Ronald Ruple, D... Mark HENRY v. The LAKE CHARLES AMERICAN PRESS, L.L.C., The Lake Charles American Press, Inc., Shearman Company, L.L.C, Shearman Corporation, and Hector San Miguel. , W.D.La., November 12, 2009 Yul D. Lorio, Blaine A. Doucet, Doucet Lorio, Lake Charles, LA, David Kent Anderson, Anderson & Cunningham, Houston, TX, Shaun Singh Gill, Cypress, TX, for Plaintiff. James B. Doyle, Sr., Heath Joseph Dorsey, Law Offices of James B. Doyle, Lake Charles, LA, for Defendants. MEMORANDUM ORDER PATRICIA MINALDI, District Judge. Before the Court is a Supplemental Memorandum in Support of Award of Attorney's Fees, [doc. 82], filed by the defendants The Lake Charles American Press, L.L.C, The La... Johnny DUNCAN v. TANGIPAHOA PARISH COUNCIL, et al. , E.D.La., November 12, 2009 Johnny Duncan, Amite, LA, pro se. Duncan S. Kemp, III, Law Firm of Duncan S. Kemp, III, Hammond, LA, George Davidson Fagan, Alex P. Tilling, Donald Edward McKay, Jr., Leake & Andersson, LLP, New Orleans, LA, for Defendants. ORDER ALMA L. CHASEZ, United States Magistrate Judge. Presently before the Court is plaintiff's motion to vacate the Court's order of October 26, 2009 which granted as unopposed the motion to compel filed by the Tangipahoa Parish Council ("TPC"). (Rec.doc.86). The... UNITED STATES of America v. Dorothy D. MITCHELL. , E.D.La., November 12, 2009 Peter M. Mansfield, U.S. Attorney's Office, New Orleans, LA, for United States of America. Dorothy D. Mitchell, Marrero, LA, pro se. ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is plaintiff the United States of America (the "government")'s motion for summary judgment. (See R. Doc. 8.) For the following reasons, the government's motion is GRANTED. I. BACKGROUND The United States brought this action against defendant Dorothy Mitchell to recover on a defaulted pro... Geremy HENSLEY v. UNITED STATES of America. , W.D.La., November 12, 2009 Geremy Hensley, Yazoo City, MS, pro se. Joseph Thomas Mickel, U.S. Attorneys, Lafayette, LA, for United States of America. MEMORANDUM RULING AND ORDER JAMES T. TRIMBLE, JR., District Judge. Before the Court is a "Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody" (doc. # 44) wherein the petitioner complains that he was not given the adequate credit for jail time served. The motion will be denied because Petitioner has failed to exhaust... UNITED STATES of America v. Shawna TICKLES. , M.D.La., November 12, 2009 Robert William Piedrahita, United States Attorney's Office, Baton Rouge, LA, for Plaintiff. Richard M. Upton, Federal Public Defenders Office, Michael Adams Fiser, Baton Rouge, LA, for Shawna Tickles. RULING AND ORDER JAMES J. BRADY, District Judge. These matters are before the Court on Defendant's motion (doc. 51) to reveal the identity of the government's confidential informant ("CI"), and Defendant's motion (doc. 55) to sever counts. The government filed an opposition to each motion. ... Clifford DOLEMAN v. N. Burl CAIN, Warden. , E.D.La., November 10, 2009 Clifford Doleman, Angola, LA, pro se. TRANSFER ORDER LANCE M. AFRICK, District Judge. Petitioner, CLIFFORD DOLEMAN, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in which he is challenging the constitutionality of his 2001 state court conviction and sentence for armed robbery. To support his challenge, petitioner asserts the following grounds for relief: 1) The State failed to preserve potentially exculpatory evidence in violation of the Fourteenth Amendmen... In re INGRAM BARGE COMPANY, as Owner of the OR5286 and ING1916, Petitioning for Exoneration from or Limitation of Liability. , E.D.La., November 10, 2009 ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is Ingram Barge Company ("Ingram")'s motion for summary judgment of exoneration. For the following reasons, Ingram's motion is GRANTED. I. BACKGROUND On march 1, 2008, a fatal accident took place aboard a barge owned by Ingram and moored at a facility operated by United Bulk Terminal L.L.C. ("United"). Following the accident, representatives, beneficiaries and heirs of the decedent filed an action in Louisiana state court a... Thomas McDONALD, et al. v. HUMMINGBIRD AVIATION, LLC, et al. , E.D.La., November 10, 2009 Christopher K. Jones, Chad Anthony Sullivan, Keogh, Cox & Wilson, Baton Rouge, LA, for Thomas McDonald, et al. Douglas Daniel Brown, Brown & Duncan Legal Solutions, Hammond, LA, Michael D. Bass, Guglielmo, Lopez, Tuttle, Hunter & Jarrell, Opelousas, LA, for Hummingbird Aviation, LLC, et al. ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is plaintiffs' Motion to Enforce Settlement, (R. Doc. 39), and Douglas D. Brown's motion to withdraw as attorney of record for defen... The ADMINISTRATORS OF the TULANE EDUCATIONAL FUND (a/k/a Tulane University) and David H. Coy, Ph.D. v. BIOMEASURE, INC., Ipsen, S.A., and Ipsen Pharma, S.A.S. (f/k/a Societe Consiels, De Recherche et D'Applications Scientifiques SAS). , E.D.La., November 10, 2009 Phillip A. Wittmann, Matthew S. Almon, Stephen G. Bullock, Stone, Pigman, Walther, Wittmann, LLC, New Orleans, LA, Barbara A. Ruskin, Kenneth B. Herman, Leslie M.F. Spencer, Ropes & Gray, LLP, New York, NY, for The Administrators of the Tulane Educational Fund (a/k/a Tulane University) and David H. Coy, Ph.D. David McLean Culpepper, David M. Culpepper, LLC, New Orleans, LA, for Biomeasure, Inc., Ipsen, S.A., and Ipsen Pharma, S.A.S. (f/k/a Societe Consiels, De Recherche et D'Applications Scie... Denvey EBANKS v. OFFSHORE LIFTBOATS, L.L.C. and C & E Boat Rental, L.L.C. , E.D.La., November 10, 2009 William Neville Gee, III, William N. Gee, III, Ltd., Lafayette, LA, for Denvey Ebanks. Carl J. Hebert, Joseph E. Lee, III, Christopher Cody Meeks, Preis & Roy, PLC, Robert Hugh Murphy, Jeffrey Allen Raines, Murphy, Rogers, Sloss & Gambel, New Orleans, LA, for Offshore Liftboats, L.L .C. and C & E Boat Rental, L.L.C. ORDER AND REASONS [FN1] FN1. Chun-Ying Wu, a third-year student of Tulane University Law School, assisted in preparing this Order and Reasons. HELEN G. BERRIGAN, District Ju... Denvey EBANKS v. OFFSHORE LIFTBOATS, L.L.C. and C & E Boat Rental, L.L.C. , E.D.La., November 10, 2009 William Neville Gee, III, William N. Gee, III, Ltd., Lafayette, LA, for Denvey Ebanks. Carl J. Hebert, Christopher Cody Meeks, Joseph E. Lee, III, Preis & Roy, PLC, New Orleans, LA, for Offshore Liftboats, L.L.C. Robert Hugh Murphy, Jeffrey Allen Raines, Murphy, Rogers, Sloss & Gambel, New Orleans, LA, for C & E Boat Rental, L.L.C. ORDER AND REASONS [FN1] FN1. Chun-Ying Wu, a third-year student of Tulane University Law School, assisted in preparing this Order and Reasons. HELEN G. BE... ATLANTIC SOUNDING CO. INC. v. Timothy F. PETREY. , E.D.La., November 10, 2009 Matthew F. Popp, Waits, Emmett & Popp, New Orleans, LA, James A. Cobb, Jr., Crosby Tugs, Galliano, LA, for Atlantic Sounding Co. Inc. Conrad S.P. Williams, III, Williams Law Group, Houma, LA, Evette Elayne Ungar, George Warren Byrne, Jr., Ungar & Byrne, New Orleans, LA, for Timothy F. Petrey. ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that Atlantic Sounding Co., Inc.'s "Motion for Summary Judgment" is DENIED. (Document # 66.) IT IS FURTHER ORDERED tha... Kyle ALCORN v. Eric SHINSEKI, Secretary, United States Department of Veterans Affairs. , E.D.La., November 10, 2009 Dan Michael Scheuermann, Dan M. Scheuermann, Attorney at Law, Baton Rouge, LA, for Kyle Alcorn. Andre Jude Lagarde, U.S. Attorney's Office, New Orleans, LA, for Eric Shinseki, Secretary, United States Department of Veterans Affairs. ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is defendant's Motion to Dismiss (R. Doc. 5). For the following reasons, the motion is GRANTED. I. Background Plaintiff Kyle Alcorn is an officer in the police service of defendant, the Uni... UNITED STATES of America v. Eddie James SUTTON. , W.D.La., November 10, 2009 MEMORANDUM RULING PATRICIA MINALDI, District Judge. Presently before the court is a Motion for Return of Property [doc. 227] filed by the defendant, Eddie James Sutton ("Sutton"). In response, the Government filed a Motion to Dismiss and/or In The Alternative For Summary Judgment [doc. 240]. The defendant did not file a timely reply. Facts On March 10, 2005, a federal grand jury returned an indictment charging the defendant and two other codefendants with conspiracy to possess with intent t... Edwin PRESLEY, et al. v. COLUMBIA GULF TRANSMISSION CO. , W.D.La., November 10, 2009 MEMORANDUM RULING JAMES T. TRIMBLE, JR., District Judge. Before the court is an appeal by defendant Columbia Gulf Transmission Company's ("CGT") of the prior ruling by the magistrate judge granting a portion of plaintiffs' supplemental motion to compel discovery. [FN1] For the reasons expressed herein below, the court finds that this appeal should be DENIED and that the prior ruling of the magistrate judge should stand as issued. FN1. R. 61. I. BACKGROUND Plaintiffs filed the above ca... Frank G. FOX v. Nathan TIPPETTS, et al. , W.D.La., November 10, 2009 Frank G. Fox, Lake Charles, LA, pro se. Roy H. Maughan, Jr., Maughan Maughan & Lormand, Baton Rouge, LA, for Nathan Tippetts and Church of Jesus Christ of Latter Day Saints. MEMORANDUM RULING PATRICIA MINALDI, District Judge. Presently before the court is a Motion to Dismiss [doc. 10] filed by the defendants, Nathan Tippetts ("Tippetts") and the Church of Jesus Christ of Latter Day Saints ("LDS"). The pro se plaintiff, Frank G. Fox ("Fox") did not file an opposition. Instead, Fox filed a... Andrew and Zuela MYERS v. John DOE, et al. , W.D.La., November 10, 2009 Jeffery F. Speer, Jason Emile Fontenot, Doucet-Speer, J. Louis Gibbens, III, Lafayette, LA, Brendan Patrick Doherty, Gieger Laborde & Laperouse, New Orleans, LA, for Andrew Myers and Zuela Myers. Mark R. Pharr, III, Thomas M. Long, Galloway Johnson et al., Lafayette, LA, for Philip Services Corp. MEMORANDUM RULING PATRICIA MINALDI, District Judge. Presently before the court is a Motion to Dismiss [doc, 91] filed by the defendant, Philip Services Corporation ("PSC"). This motion has been ... Abraham BAROUSALIAN, et al v. CITY OF BATON ROUGE, et al. , M.D.La., November 10, 2009 John Christopher Alexander, Sr., Baton Rouge, LA, for Abraham Barousalian, et al. James L. Hilburn, Parish Attorney's Office, Baton Rouge, LA, for City of Baton Rouge, et al. RULING & ORDER CHRISTINE NOLAND, United States Magistrate Judge. This matter is before the Court on the Second Motion for Sanctions (R. Doc. 44) filed by plaintiffs, Abraham Barousalian, Maral Kloumian, and Yeghia Barousalian (collectively "plaintiffs"). Defendants, the City of Baton Rouge, Mayor Melvin Holden, and ... Keith STEWART v. Mrs. SENG, et al. , M.D.La., November 10, 2009 Keith Stewart, Angola, LA, pro se. Douglas Gist Swenson, Office of the Attorney General, Baton Rouge, LA, for Mrs. Seng. RULING JAMES J. BRADY, District Judge. The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Stephen C. Riedlinger dated September 11, 2009 (doc. no. 49) to which no objection has been filed. The court hereby approves the report and recommendation of the mag... UNITED STATES of America v. David W. FONTENOT. , W.D.La., November 10, 2009 MEMORANDUM RULING PATRICIA MINALDI, District Judge. Presently before the court is a Motion for Return of Property [doc. 200]. In response, the Government filed a Motion to Dismiss and/or In The Alternative For Summary Judgment [doc. 202]. The defendant did not file a timely reply. Facts On March 30, 2006, pursuant to a written plea agreement, the defendant, David Fontenot, pleaded guilty to Count One of an indictment charging him with conspiracy to distribute methamphetamine [docs. 79-80]. ... Benjamin L. COOPER v. Warden Joe P. YOUNG. , W.D.La., November 10, 2009 Benjamin L. Cooper, Oakdale, LA, pro se. JUDGMENT PATRICIA MINALDI, District Judge. For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, determining that the findings are correct under the applicable law, and noting the absence of objections to the Report and Recommendation in the record; IT IS ORDERED that this petition for habeas corpus be DISMISSED WITHOUT PREJUDICE. REPORT AND RECOMMENDATION Pro se petitioner Benjamin L. Cooper file... Lynette SPARROW v. ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY. , E.D.La., November 9, 2009 Richard Hobbs Barker, IV, Richard Hobbs Barker, IV, Attorney at Law, David W. Bernberg, Law Office of David W. Bernberg, Michael E. Enow, Enow & Associates, New Orleans, LA, for Lynette Sparrow. James F. Ryan, Donovan & Lawler, Metairie, LA, for Allstate Property and Casualty Insurance Company. ORDER HELEN G. BERRIGAN, District Judge. The Court, after considering the complaint, the record, the applicable law, the Magistrate Judge's Report and Recommendation, and the objection to the Mag... Ralph SEGRAVES, et al. v. CITY OF ZACHARY, et al. , M.D.La., November 9, 2009 John Christopher Alexander, Sr., Baton Rouge, LA, for Ralph Segraves, et al. James L. Hilburn, Parish Attorney's Office, Henry D.H. Olinde, Jr., Victor Roy Loraso, III, Carlton, Dunlap, Olinde & Moore, Baton Rouge, LA, Patrick M. Amedee, Thibodaux, LA, for City of Zachary, et al. RULING ON PLAINTIFFS' MOTION TO COMPEL RESPONSES TO DISCOVERY and RULING ON PLAINTIFFS' MOTION TO DEEM REQUEST FOR ADMISSION ADMITTED STEPHEN C. RIEDLINGER, United States Magistrate Judge. Before the court is t... Ralph SEGRAVES, et al. v. CITY OF ZACHARY, et al. , M.D.La., November 9, 2009 John Christopher Alexander, Sr., Baton Rouge, LA, for Ralph Segraves, et al. James L. Hilburn, Parish Attorney's Office, Henry D.H. Olinde, Jr ., Victor Roy Loraso, III, Carlton, Dunlap, Olinde & Moore, Baton Rouge, LA, Patrick M. Amedee, Thibodaux, LA, for City of Zachary, et al. RULING ON PLAINTIFFS' SECOND MOTION TO COMPEL RESPONSES TO DISCOVERY STEPHEN C. RIEDLINGER, United States Magistrate Judge. Before the court is the Plaintiffs' Second Motion to Compel Responses to Discovery fi... Edward S. BOPP, et al. v. WESTCHESTER SURPLUS LINES INSURANCE CO., et al. , E.D.La., November 9, 2009 Eric August Bopp, Walter R. Woodruff, Edward S. Bopp, a Law Corporation, Mandeville, LA, Anthony Scott Maska, Anthony S. Maska, Attorney at Law, Mandeville, LA, for Edward S. Bopp, et al. Leah Nunn Engelhardt, Ezra Lavi Finkle, Preis & Roy, PLC, David P. Salley, Jeffrey Fredrick Farshad, Salley, Hite & Mercer, LLC, New Orleans, LA, for Westchester Surplus Lines Insurance Co., et al. ORDER AND REASONS JAY C. ZAINEY, District Judge. Before the Court is a Motion to Remand (Rec.Doc.6) filed ... DELTA TOWING, L.L.C. v. Jeffrey JUSTRABO. , E.D.La., November 9, 2009 ORDER AND REASONS LANCE M. AFRICK, District Judge. Before the Court are two motions in limine to exclude expert testimony. Plaintiff and defendant in counter-claim, Delta Towing, L .L.C. ("Delta"), has filed a motion in limine to strike the expert testimony of defendant's experts, John Manders ("Manders") and Robert Borison ("Borison"). [FN1] Defendant and plaintiff in counter-claim, Jeffrey Justrabo ("Justrabo") opposes the motion. [FN2] Justrabo has also filed a motion in limine to strike ... LACOTE, LLC v. GLOBAL GOLF CONSTRUCTION, INC. & Bottom Line Equipment, LLC. , E.D.La., November 9, 2009 ORDER AND REASONS JAY C. ZAINEY, District Judge. Before the Court is a Motion to Remand (Rec.Doc.7) filed by plaintiff LaCote, LLC. Defendant Global Golf Construction, Inc. opposes the motion. The motion, set for hearing on October 28, 2009, is before the Court on the briefs without oral argument. [FN1] For the reasons that follow, the motion is DENIED. FN1. Oral argument has been requested but the Court is not persuaded that oral argument would be helpful in light of the specific leg... Geraldine PRUDHOMME v. Labarron TODD and Greyhound Lines, Inc. , E.D.La., November 9, 2009 Darleen Marie Jacobs, Jacobs & Sarrat, New Orleans, LA, for Geraldine Prudhomme. David M. Korn, Maryjo L. Roberts, Phelps Dunbar, LLP, New Orleans, LA, for Labarron Todd/Greyhound Lines, Inc. ORDER AND REASONS IVAN L.R. LEMELLE, District Judge. Before the Court is Defendants' Motion for Summary Judgment (Rec.Doc. No. 29). Plaintiff filed an opposition (Rec.Doc. No. 39), and Defendants filed a reply (Rec.Doc. No. 45). Upon review of the motion, the responses, and the applicable law, and f... Patrick HALL v. MOREHOUSE PARISH DETENTION CENTER, et al. , W.D.La., November 9, 2009 Patrick Hall, Collinston, LA, pro se. RULING ROBERT G. JAMES, District Judge. Petitioner Patrick Hall filed this civil rights Complaint pursuant to 18 U.S.C. § 1983, on the bases that Defendants erroneously accused him of being homosexual and then discriminated against him because of his purported sexual orientation. On October 9, 2009, Magistrate Judge Karen L. Hayes issued a Report and Recommendation [Doc. No. 4], recommending that the Court dismiss Petitioner's Complaint as frivolous. ... Carl TURNER and Yvetta Turner, v. WERNER ENTERPRISES, INC. of Nebraska, et al. , W.D.La., November 9, 2009 Anthony L. Smith, Smith Law Firm, Temple, TX, William E. Gast, Gast McClellan, Omaha, NE, Carl Turner and Yvetta Turner. C. Michael Parks, Jean E. Lavidalie, Jr., Perrier & Lacoste, New Orleans, LA, for Werner Enterprises, Inc. of Nebraska, et al. MEMORANDUM RULING JAMES T. TRIMBLE, JR., District Judge. Before the Court is "Defendants' Motion to Dismiss Under Rule 12(b)(6) for Failure to State Cause of Action" (doc. # 29) wherein Werner Enterprises, Inc. and Thaddeus Towns (collectively ... TANGO TRANSPORT, L.L.C. v. TRANSPORT INTERNATIONAL POOL, L.L.C. , W.D.La., November 9, 2009 MEMORANDUM ORDER S. MAURICE HICKS, JR., District Judge. Before this Court is a Motion for Partial Summary Judgment [Record Document 109], filed on behalf of the Plaintiff and Counter-Defendant, Tango Transport, Inc. For the reasons stated herein, Tango's Motion for Partial Summary Judgment is GRANTED. FACTUAL BACKGROUND In January of 2004, Tango Transport, Inc. ("Tango") and Transport International Pool, Inc. ("TIP") entered into a sale-leaseback agreement whereby TIP purchased 125 dry van tr... TANGO TRANSPORT, L.L.C. v. TRANSPORT INTERNATIONAL POOL, L.L.C. , W.D.La., November 9, 2009 MEMORANDUM ORDER S. MAURICE HICKS, JR., District Judge. Before this Court is a Motion for Partial Summary Judgment [Record Document 110], filed on behalf of the Defendant and Counter-Plaintiff, Transport International Pool, L.L.C. ("TIP"). TIP requests the Court enter an order of partial summary judgment against Tango providing that Tango is required to pay, at the lease rate, for the trailers it held beyond the lease termination dates up and until the trailers were returned to TIP. Tango Tra... Shannon NELSON v. WAL-MART LOUISIANA LLC et al. , W.D.La., November 9, 2009 Earl R. Downs, Jr., Ramsey L. Ogg, Downs Law Firm, Bastrop, LA, for Shannon Nelson. Paul M. Adkins, Blanchard Walker et al., Shreveport, LA, for Wal-Mart Louisiana LLC et al. MEMORANDUM ORDER S. MAURICE HICKS, District Judge. Before the Court is plaintiff Shannon Nelson's ("Plaintiff") appeal of Magistrate Judge Hayes' Memorandum Ruling of April 22, 2009 (Doc. # 18) In that ruling, Magistrate Judge Hayes denied Plaintiff's Motion to Remand finding that Defendants' removal was timely. (Do... Herbert J. SCULLY, Jr. v. Kevin WYLES, et al. , W.D.La., November 9, 2009 JUDGMENT ROBERT G. JAMES, District Judge. For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, determining that the findings are correct under the applicable law, and considering the objections to the Report and Recommendation in the record, IT IS ORDERED that Plaintiff's civil rights complaint be DISMISSED WITH PREJUDICE as frivolous and for failing to state a claim for which relief may be g... MARINE PILE DRIVERS, LLC, et al. v. EAST COAST MARINE PILE DRIVERS, LLC, et al. , W.D.La., November 9, 2009 Cary A. Hilburn, Hilburn & Hilburn, Shreveport, LA, for Marine Pile Drivers, LLC, et al. Clinton C. Black, Kitchens Benton et al., Bossier City, LA, for East Coast Marine Pile Drivers, LLC, et al. ORDER DONALD E. WALTER, District Judge. Before this Court is a Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(2) filed on behalf of Defendants, East Coast Marine Pile Drivers, LLC, et al. [Record Document # 6]. The Defendants allege that they do not have the requisite minim... Clarence EVERETT v. Warden N. Burl CAIN. , W.D.La., November 9, 2009 Clarence Everett, Angola, LA, pro se. MEMORANDUM ORDER ON CERTIFICATE OF APPEALABILITY ROBERT G. JAMES, District Judge. Pending before the Court is Petitioner's Application for Certificate of Appealability under Fed. R.App. P. 22(b) [Doc. No. 9]. Petitioner seeks to appeal the August 21, 2009 Judgment of this Court adopting Magistrate Judge Hayes's July 15, 2009 Report and Recommendation. Plaintiff has filed no notice of appeal, but the Court will construe his Application for Certificate... Leroy SWAINGAN v. Burl CAIN, Warden. , E.D.La., November 6, 2009 ORDER ENGELHARDT, District Judge. The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that Leroy Swaingan's petition for issuance of a Writ of H... Kenneth J. LECOMPTE, et al. v. AFC ENTERPRISES, INC., et al. , W.D.La., November 6, 2009 Stanford B. Gauthier, II, Law Office of Stan Gauthier II, Lafayette, LA, for Kenneth J. Lecompte, et al. edmond L. Guidry, III, Guidry & Guidry, St. Martinville, LA, Robert R. Percy, Percy Stromberg et al., Gonzales, LA, for AFC Enterprises, Inc. MEMORANDUM RULING REBECCA F. DOHERTY, District Judge. Currently pending before the Court is an appeal of a ruling by the Magistrate Judge, wherein the Magistrate Judge found defendant had not met its burden of showing diversity subject matter ju... Ricky Darnell GRAY v. WARDEN AVOYELLES CORRECTIONS CENTER. , W.D.La., November 6, 2009 Ricky Darnell Gray, Dallas, TX, pro se. JUDGMENT ROBERT G. JAMES, District Judge. For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, determining that the findings are correct under the applicable law, and considering the objections to the Report and Recommendation in the record, IT IS ORDERED that this petition for habeas corpus be DISMISSED WITH PREJUDICE. REPORT AND RECOMMENDATION KAREN... Sylvia LARSON, Carlton Larson v. ACTAVIS, INC., Actavis Elizabeth, L.L.C., Actavis Totowa L.L.C., Mylan Pharmaceuticals, Inc., Mylan, Inc. , W.D.La., November 6, 2009 L. Clayton Burgess, Lauren Kay Ledet, Law Office of L. Clayton Burgess, Lafayette, LA, for Sylvia Larson, Carlton Larson. James B. Irwin, Douglas John Moore, Kelly G. Juneau, Kyrette Orian Williams, Irwin Fritchie et al, New Orleans, LA, for Actavis, Inc., Actavis Elizabeth, L.L.C., Actavis Totowa L.L.C., Mylan Pharmaceuticals, Inc., Mylan, Inc. RULING ON DEFENDANTS' MOTION TO STAY PROCEEDINGS PENDING THE TRANSFER ORDER OF THE MUL TIDISTRICT LITIGATION COURT (Rec.Doc.4) C. MICHAEL HILL, Uni... US OFFICE OF PERSONNEL MANAGEMENT v. MJS & ASSOCIATES. , W.D.La., November 6, 2009 MEMORANDUM RULING REBECCA F. DOHERTY, District Judge. Pending before this Court is the Motion for Summary Judgment Based on Lack of Subject Matter Jurisdiction Due to Mootness [Doc. 4] filed by defendant MJS & Associates ("MJS"). MJS seeks summary judgment in its favor and dismissal of the plaintiff's claims in the instant matter on grounds the subpoena duces tecum served by plaintiff, the United States Office of Personnel Management/Office of Inspector General ("OPM"/"OIG"), on MJS has been ... LEJEUNE v. OMNI ENERGY SERVICES CORP., et al. , W.D.La., November 6, 2009 Matthew D. McConnell, Elmore & McConnell, L. Clayton Burgess, Law Office of L. Clayton Burgess, Lafayette, LA, for Plaintiff/Defendants. Robert J. David, Jr., Farrell Douglas Ortego, Sue Nations, Juneau Firm, Lafayette, LA, for Defendants. MEMORANDUM RULING AND ORDER TUCKER L. MELANCON, District Judge. Before the Court is OMNI Energy Services Corporation and Preheat, Inc.'s (jointly referred to as "OMNI") Motion to Dismiss Pursuant to FRCP 12(b)(6)(7) or, In The Alternative, Motion to Tr... Richard SULLIVAN, Jr. v. CHESAPEAKE LOUISIANA, L.P. , W.D.La., November 6, 2009 J. Ransdell Keene, Law Office of J. Ransdell Keene, Shreveport, LA, for Richard Sullivan, Jr. Michael B. Donald, Lemle & Kelleher, Houston, TX, for Chesapeake Louisiana, L.P. MEMORANDUM RULING DONALD E. WALTER, District Judge. Before the Court is a Motion to Remand to State Court for Lack of Jurisdiction filed by Plaintiff, Richard Sullivan, Jr. [Doc. # 20]. Defendant, Chesapeake Louisiana, L.P., opposes this motion. [Doc. # 24]. For the reasons assigned herein, Plaintiff's motion is her... Patrick HALL v. MOREHOUSE PARISH JAIL, et al. , W.D.La., November 6, 2009 RULING ROBERT G. JAMES, District Judge. Petitioner Patrick Hall filed this civil rights Complaint pursuant to 18 U.S.C. § 1983, on the bases that Defendants restricted his commissary privileges and denied him access to the grievance procedure. On October 6, 2009, Magistrate Judge Karen L. Hayes issued a Report and Recommendation [Doc. No. 10], recommending that the Court dismiss Petitioner's Complaint as frivolous. Having reviewed the record, including Petitioner's objections, the Court a... Reynell TAYLOR, Bobby J. Taylor, Sr. v. LOWES HOME CENTERS, INC., LOWES CO., INC. , W.D.La., November 6, 2009 Reynell Taylor, pro se. Bobby J. Taylor, Sr., pro se. David Scott Rainwater, Taylor Wellons et. al., Baton Rouge, LA, for Lowes Home Centers, Inc., Lowes Co., Inc. MEMORANDUM RULING C. MICHAEL HILL, United States Magistrate Judge. This matter is before the undersigned on an unopposed Motion to Remand. Attached to the motion is a Stipulation that the amount in controversy does not exceed seventy-five thousand ($75,000) dollars, and that neither party will accept, nor will they be entit... Willye JACKSON v. Scott VOGT and Vogt Enterprises. , E.D.La., November 5, 2009 David Joseph Krebs, Courtney Turnage Wolffe, Krebs, Farley & Pelleteri, LLC, New Orleans, LA, for Willye Jackson. Scott Vogt, Hammond, LA, pro se. Vogt Enterprises, Hammond, LA, pro se. ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is plaintiff Willye Jackson's motion for default judgment. (See R. Doc. 10.) For the following reasons, plaintiff's motion is GRANTED. I. BACKGROUND According to the complaint in this action, plaintiff Willye Jackson entered into a c... GREATER NEW ORLEANS FAIR HOUSING ACTION CENTER, et. al. v. ST. BERNARD PARISH, et al. , E.D.La., November 5, 2009 ORDER AND REASONS HELEN G. BERRIGAN, District Judge. Before the Court is defendants' Objection to Order of Magistrate Judge Denying in Part and Dismissing in Part as Moot Defendants' Motion to Compel. (Rec.Doc.343.) Plaintiffs oppose. (Rec.Doc. 351 .) This matter was taken under advisement on the briefs. Based on the memoranda by the parties, the record in this case, and the applicable law, the Court DENIES defendants' motion for the following reasons. This Court has previously found the d... Patricia L. KONIE v. LOUISIANA State, et al. , E.D.La., November 5, 2009 ORDER & REASONS ELDON E. FALLON, District Judge. Before the Court is Defendants Bruce Hooley and Richard Stalder's Motion (Rec.Doc. NO. 113) which seeks to strike exhibits filed by Intervenor Ashton O'Dwyer in support of his Motion to Impose Sanctions, and the Intervenor Ashton O'Dwyer's Motion to Impose Sanctions (Rec.Doc. No. 94) which seeks to impose sanctions against counsel for Defendants Bruce Hooley and Richard Stalder. For the following reasons, the Defendants' Motion to Strike Exhibi... Martin HILL v. Lynn COOPER, Warden. , E.D.La., November 5, 2009 Martin Hill, Cottonport, LA, pro se. Anne Mary Wallis, District Attorney's Office, Gretna, LA, for Lynn Cooper, Warden. ORDER STANWOOD R. DUVAL, JR., District Judge. The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate ... Christopher S. HARVEY v. CITY OF RAYNE, ABC Ins. Co., John Jason Potier, Individually & in the course and scope of his employment with the City of Rayne as a police officer, Louis D. Domingue, Individually & in the course and scope of his employmen, W.D.La., November 5, 2009 William L. Goode, Goode Law Firm, Lafayette, LA, for Christopher S. Harvey. John F. Wilkes, III, Joy C. Rabalais, Ray Frank Lucas, III, Borne & Wilkes, Lafayette, LA, for City of Rayne, ABC Ins. Co., John Jason Potier, Louis D. Domingue, Leif J. Meche, Carroll Stelly. MEMORANDUM RULING (Rec.Doc.46) C. MICHAEL HILL, United States Magistrate Judge. Before the court is an Unopposed Motion to Set Expert's Deposition Fee filed by defendants, the City of Rayne; Chief Carroll Stelly, in his off... UNITED STATES of America v. Steven G. THOMPSON. , W.D.La., November 5, 2009 Donald E. Hathaway, Jr., U.S. Attorneys Office, Shreveport, LA, for United States of America. Betty Lee Marak, Federal Public Defenders Office, Shreveport, LA, for Steven G. Thompson. MEMORANDUM RULING TOM STAGG, District Judge. Before the court is Steven Thompson's ("Thompson") motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. See Record Document 47. Based on the following, Thompson's motion is DENIED. I. BACKGROUND A. Factual Background. The factual basis present... Helen WILLIAMS, et al. v. UNITED STATES POSTAL SERVICE, et al. , E.D.La., November 5, 2009 Larry P. Boudreaux, Attorney at Law, Thibodaux, LA, for Helen Williams, et al. Matthew James Fantaci, U.S. Attorney's Office, New Orleans, LA, Kathleen M. Arndt, U.S. Postal Service, St. Louis Law Office, St. Louis, MO, for United States Postal Service, et al. ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is defendants' Motion for Summary Judgment (R. Doc. 23). For the following reasons, the motion is DENIED. I. Background At the center of this case is an automobi... BERK-COHEN ASSOCIATES, LLC, & Civil Action Manhattan Management Company, LLC v. LANDMARK AMERICAN INSURANCE CO. , E.D.La., November 5, 2009 James Richard Swanson, Lance C. McCardle, Loretta G. Mince, Fishman Haygood Phelps Walmsley Willis & Swanson, LLP, Daniel J. Carr, Stanley, Reuter, Ross, Thornton & Alford, LLC, New Orleans, LA, for Berk-Cohen Associates, LLC, & Civil Action Manhattan Management Company, LLC. Robert I. Siegel, Daniel Gibbons Rauh, David B. Wilson, Krystena L. Harper, Gieger, Laborde & Laperouse, LLC, New Orleans, LA, for Landmark American Insurance Co. ORDER AND REASONS SARAH S. VANCE, District Judge. Be... Bruce GAUBERT v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION, et al. , E.D.La., November 5, 2009 Stuart Thomas Barasch, David A. Binegar, Tiffany Renee Christian, Binegar Christian, Lawrence J. Centola, Jr., New Orleans, LA, for Bruce Gaubert. Charles L. Chassaignac, IV, Eleanor Weeks Wall, James Eric Johnson, Porteous, Hainkel & Johnson, Baton Rouge, LA, Gerald J. Nielsen, Kenneth M. Waguespack, Jr., Kim Tran Britt, Nielsen Law Firm, Metairie, LA, Brent M. Burns, King, Krebs & Jurgens, PLLC, New Orleans, LA, for Louisiana Citizens Property Insurance Corporation, et al. ORDER AND REAS... ASSET FUNDING GROUP, L.L.C. v. ADAMS & REESE, L.L.P. , E.D.La., November 5, 2009 ORDER AND REASON IVAN L.R. LEMELLEK, District Judge. Before the Court is Defendant's Motion for Summary Judgment. (Rec.Doc. No. 353). The motion is opposed. (Rec.Doc.380). Defendant Adams and Reese (A & R) requests summary judgment dismissing Plaintiff Asset Funding Group, LLC ("Asset")on the grounds that, as a matter of law, Plaintiffs cannot prove an essential element of the claims in this action: causation of loss. Defendant's argument relies mainly upon its assertion that because Asset... Bryan Keith WILLIAMS v. James LeBLANC, et al. , W.D.La., November 5, 2009 Bryan Keith Williams, DeQuincy, LA, pro se. JUDGMENT TUCKER L. MELANON, District Judge. This matter was referred to United States Magistrate Judge C. Michael Hill for Report and Recommendation. After an independent review of the record, and noting the absence of any objections, this Court concludes that the Report and Recommendation of the Magistrate Judge is correct and adopts the findings and conclusions therein as its own. Accordingly, it is ORDERED that plaintiffs civil rights compla... David Anthony MIER v. WOOD TOWING, LLC et al. , E.D.La., November 4, 2009 Lawrence Blake Jones, David Christopher Whitmore, Julie Marie Sumrall, Scheuermann & Jones, New Orleans, LA, for David Anthony Mier. Michael R.C. Riess, Charles Bruce Colvin, Kingsmill Riess, LLC, New Orleans, LA, for Wood Towing, LLC. Georges M. Legrand, Adam P. Sanderson, Jacques P. Degruy, Mouledoux, Bland, Legrand & Brackett, LLC, New Orleans, LA, for American River Transportation Company. MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that the Motions for Judgment o... UNITED STATES of America v. Robert THOMAS. , E.D.La., November 4, 2009 ORDER AND OPINION STANWOOD R. DUVAL, JR., District Judge. Before the Court is defendant Robert Thomas's "Memorandum in Support of Reduction of Sentence Under Section 3582(C)(2)" (Doc. 1418) in which he requests a reduction of sentences imposed on March 3, 2005. Having considered defendant's memorandum, the "Government's Memorandum in Opposition to Reduction in Robert Thomas's Sentence Pursuant to 18 U.S.C. § 3582(c)(2)," the transcript of defendant's sentencing hearing, and the relevant law, ... UNITED STATES of America v. Monique ROBERTS. , W.D.La., November 4, 2009 Daniel J. McCoy, J. Collin Sims, U.S. Attorneys Office (LAF), Lafayette, LA, for United States of America. Alfred F. Boustany, II, Lafayette, LA, for Monique Roberts. RULING ON DEFENDANT ROBERTS' MOTION TO SEVER C. MICHAEL HILL, United States Magistrate Judge. The defendant, Monique Roberts ("Roberts"), has filed a motion to sever her trial from the trial of her co-defendants, Roderick Gilliam Aaron ("Aaron") and Brandon Anders ("Anders"), alleging that a statement given to the FBI by An... Angela KING, M.D. v. UNIVERSITY HEALTHCARE SYSTEM, L.C. , E.D.La., November 4, 2009 Walter W. Christy, Christine M. White, Erin R. Wedge, Coats & Rose, New Orleans, LA, for Angela King M.D. Leslie Weill Ehret, Peter Elliot Sperling, Suzanne Marie Risey, Frilot L.L.C., New Orleans, LA, for University Healthcare System, L.C. JOSEPH C. WILKINSON, JR., United States Magistrate Judge. This is an employment dispute that probably would never have occurred, except for the disruptions and duress caused by Hurricane Katrina. At the time of the storm and during its aftermath, plai... Trinidad Suyapa BARAHONA v. DILLARD DEPARTMENT STORES, Et Al. , E.D.La., November 4, 2009 Robert B. Evans, III, Cesar Roberto Burgos, Burgos & Evans, LLC, New Orleans, LA, for Trinidad Suyapa Barahona. Tara G. Richard, Jones Walker, New Orleans, LA, Michael P. Burke, Bryan Cave, LLP, St. Louis, MO, for Dillard Department Stores, Et Al. ORDER AND REASONS IVAN L.R. LEMELLE, District Judge. Before this Court, are Plaintiff Trinidad Suyapa Barahona's Motion to Vacate Arbitration Award as a Result of Fraud and Defendants Dillard Department Stores, Inc., and Clinique Services, Inc.... Marlene KATZ v. STATE FARM FIRE & CASUALTY COMPANY, et al. , E.D.La., November 4, 2009 ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is plaintiff's motion to review the Court's taxation of costs. (R. Doc. 128). For the following reasons, the Court DENIES the motion. I. Background Plaintiff Marlene Katz is a Louisiana homeowner whose property was damaged by Hurricane Katrina. Plaintiff's home is located at 5600 Marcia Avenue in New Orleans and was insured under a homeowners' policy issued by defendant State Farm Fire and Casualty Company. On August 8, 200... STEWART ENTERPRISES, INC., Et Al. v. RSUI INDEMNITY COMPANY, INC. , E.D.La., November 4, 2009 Campbell Edington Wallace, Everett R. Fineran, Robert Stephen Rooth, Chaffe McCall LLP, New Orleans, LA, Scott Cameron Barney, Chaffe McCall LLP, Baton Rouge, LA, for Stewart Enterprises, Inc., Et Al. Robert I. Siegel, Andrew A. Braun, Brendan Patrick Doherty, Gieger, Laborde & Laperouse, LLC, New Orleans, LA, Celeste A. Hill, Clausen Miller, PC, Chicago, IL, Eric T. Krejci, Clausen Miller, PC, New York, NY, for RSUI Indemnity Company, Inc. ORDER AND REASONS LANCE M. AFRICK, District Judge.... Rodney R. SCHOEMANN, Sr. v. F. Douglas MURRELL and Matthew Murrell. , E.D.La., November 4, 2009 ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that Rodney R. Schoemann, Sr.'s "Motion for a New Trial," which the court construes as a motion to supplement the complaint, pursuant to Federal Rule of Civil Procedure 15(d), is DENIED. (Document # 20.) I. BACKGROUND Matthew Murrell, a Minnesota resident, was the president of United Consulting Corporation (United Consulting), a Nevada corporation. Douglas Murrell, Matthew's father who resides in Texas, was a share... Brian HUNTER v. SERV-TECH, INC., et al. , E.D.La., November 4, 2009 ORDER AND REASONS KURT D. ENGELHARDT, District Judge. Before the Court is Defendant Offshore Contractors, Limited's Motion to Reconsider Order and Reasons Denying Offshore its Motion to Dismiss for Lack of Personal Jurisdiction (Rec.Doc.149). This Motion is opposed by Plaintiff, Brian Hunter, and Defendant Dynamic Industries, Inc. After considering the August 27, 2009 Order and Reasons (Rec.Doc.146), the memoranda of the parties, and the applicable law, the Court denies this motion for the re... Koyne D. SMITH v. CVS PHARMACY, INC. , W.D.La., November 4, 2009 Sir Clyde Lain, II, Monroe, LA, for Plaintiff. Richard G. Duplantier, Jr., Peter A. Bourgeois, Galloway Johnson et al, New Orleans, LA, for Defendant. RULING ROBERT G. JAMES, District Judge. Pending before the Court is a Motion for Summary Judgment [Doc. No. 9] and a Motion in Limine to Exclude Plaintiff's Witness for Failure to Comply with the Court's Scheduling Order ("Motion in Limine") [Doc. No. 29] filed by Defendant CVS Pharmacy, Inc. ("CVS") against Plaintiff Koyne D. Smith ("Smit... MAYNE & MERTZ, INC. v. QUEST EXPLORATION, LLC and Excalibur Land Company, Inc. , W.D.La., November 4, 2009 Paul M. Jones, April Leigh Rolen-Ogden, Liskow & Lewis. Lafayette, LA, Dana Erin Dupre, Scott A. O'Connor, Gordon Arata et al., New Orleans, LA, for Mayne & Mertz, Inc. Robert L. Cabes, Andrew John Halverson, Milling Benson Woodward, Lafayette, LA, Juan J. Lizarraga, Milling Benson Woodard, Baton Rouge, LA, for Quest Exploration, LLC. Richard E. Gerard, Jr., Kevin Paul Fontenot, Patrick Donavon Gallaugher, Jr., Phillip W. Devilbiss, Scofield Gerard et al., Lake Charles, LA, for Excalibur ... Joe Louis CHAMPION v. UNITED STATES of America. , W.D.La., November 4, 2009 Joe Louis Champion, Pollock, LA, pro se. John A. Broadwell, U.S. Attorneys Office, Shreveport, LA, for Defendant. MEMORANDUM JUDGMENT JAMES T. TRIMBLE, JR., District Judge. Before the court is the report and recommendation of the magistrate judge, [FN1] recommending that the motion to dismiss [FN2] previously filed by the United States of America ("Government") and the motion for summary judgment [FN3] previously filed by plaintiff in the above captioned case be granted and, accordingl... James K. WHITTINGTON, Plaintiff v. Sheriff Randy J. MAXWELL, et al., Defendants. , W.D.La., November 4, 2009 Mitchel Mark Evans, II, Deridder, LA, for Plaintiff. Freeman R. Matthews, Timothy R. Richardson, Usry Weeks & Matthews, New Orleans, LA, for Defendants. John F. Johnson, Vidalia, LA, pro se. Sheriffs Dept Concordia Parish, Vidalia, LA, pro se. District Attorney Office Concordia Parish, Vidalia, LA, pro se. JUDGMENT DEE D. DRELL, District Judge. For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, noting the absence of object... Marion CARR, v. SPHERION, et al. , W.D.La., November 4, 2009 Marian Carr, Monroe, LA, pro se. RULING ROBERT G. JAMES, District Judge. Before the Court is Defendant ECOF, Inc.'s ("ECOF") First Motion in Limine. [Doc. No. 191]. ECOF seeks an order precluding pro se Plaintiff Marian Carr ("Carr") from introducing evidence concerning post-accident remedial measures for the purpose of establishing a design defect in a rotary tube straightener machine ("the machine") and a failure to warn. On May 16, 2007, Carr injured her hands and fingers when using t... John A. THOMAS v. Warden Burl CAIN, et al. , M.D.La., November 4, 2009 John A. Thomas, Angola, LA, pro se. Scott G. Vincent, Micheal Leslie Penn, Louisiana Department of Justice, Baton Rouge, LA, for Defendants. RULING JAMES J. BRADY, District Judge. The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Christine Noland dated September 28, 2009 (doc. no. 130) to which no objection has been filed. The court hereby approves the report and recommend... Shane M. BABIN v. Chad M. ISAMAN, et al. , M.D.La., November 4, 2009 Robert V. Reech, Denham Springs, LA, for Shane M. Babin. Albert David Giraud, Ungarino & Eckert, Baton Rouge, LA, for Chad M. Isaman, et al. RULING RALPH TYSON, Chief Judge. The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Stephen C. Riedlinger dated September 16, 2009. Defendant, Nationwide Mutual Insurance Company, has filed an objection which the court has considered. ... Andre Bernard DAVIS (# 491286) v. PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P., et al. , M.D.La., November 4, 2009 Andre Bernard Davis, Angola, LA, pro se. RULING JAMES J. BRADY, District Judge. The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Christine Noland dated October 5, 2009 (doc. no. 5) to which no objection has been filed. The court hereby approves the report and recommendation of the magistrate judge and adopts it as the court's opinion herein. Accordingly, plaintiff's Complaint is D... UNITED STATES of America v. Dan DAUGHERTY. , E.D.La., November 3, 2009 Brian M. Klebba, U.S. Attorney's Office, New Orleans, LA, for United States of America. ORDER AND OPINION STANWOOD R. DUVAL, JR., District Judge. Defendant Dan Daugherty's pro se motion for post-conviction relief pursuant to 28 U.S.C. § 2255 was considered on memoranda. Upon review of the entire record, it is clear that the movant is not entitled to relief and that an evidentiary hearing is not necessary. Accordingly, the motion is DENIED. BACKGROUND On January 25, 2008, defendant plea... Felicia R. LANDRY v. Michael J. ASTRUE, Commissioner Social Security Administration. , W.D.La., November 3, 2009 Stephen A. Stefanski, Edwards Stefanski & Zaunbrecher, Crowley, LA, for Plaintiff. John A. Broadwell, U.S. Attorneys Office, Shreveport, LA, for Defendant. ORDER MILDRED E. METHVIN, United States Magistrate Judge. Before the court is a Petition for Attorney Fees and Litigation Expenses Under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. (Rec.Doc. 13). Landry seeks a total of $1,250.00 in legal service fees at the rate of $125.00 per hour for 10.00 hours. In support of th... Lionel WASHINGTON and Mrs. Lionel Washington v. ESSEX INSURANCE COMPANY, Markel Insurance Company. , E.D.La., November 3, 2009 Joseph M. Bruno, Lewis Scott Joanen, Bruno & Bruno, New Orleans, LA, for Lionel Washington and Mrs. Lionel Washington. John B. Davis, II, Elisabeth C. Quinn, Baker Donelson Bearman Caldwell & Berkowitz, Baton Rouge, LA, for Essex Insurance Company, Markel Insurance Company. ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is Markel Insurance Company ("MIC")'s Motion to Dismiss and/or Motion for Summary Judgment. For the following reasons, MIC's motion is GRANTED. I. ... BABIN TRANSPORTATION, LLC v. PHAETON SERVICES, LLC, et al. , E.D.La., November 3, 2009 Thomas Edward St. Germain, Weinstein & St. Germain, LLC, Lafayette, LA, for Babin Transportation, LLC. Alanson Trigg Chenault, Shelley R. Miller, Fowler Rodriguez, Kenneth H. Laborde, Gieger, Laborde & Laperouse, LLC, New Orleans, LA, Lauren Cangelosi Cancienne, Gieger, Laborde & Laperouse, LLC, Houston, TX, for Phaeton Services, LLC, et al. ORDER AND REASONS IVAN L.R. LEMELLE, District Judge. Before the Court is the motion for summary judgment (Rec.Doc. No. 33) filed by Defendants Phae... Joshua FELIX, Jr. v. Betty FELIX. , E.D.La., November 3, 2009 Claude C. Lightfoot, Jr., Claude C. Lightfoot, Jr., PC New Orleans, LA, William Jared Vincent, Vatroslav Jacob Garbin, William S. Vincent, Jr., Law Office of William S. Vincent, Jr., New Orleans, LA, for Joshua Felix, Jr. James Floyd Welch, New Orleans Legal Assistance, New Orleans, LA, for Betty Felix. ORDER AND REASONS IVAN L.R. LEMELLE, District Judge. Before the Court is Joshua Felix's appeal (Rec.Doc. No. 3) from the grant of summary judgment by the U.S. Bankruptcy Court for the Ea... Andrew David WETZEL v. Rodney J. STRAIN, Jr., et al. , E.D.La., November 3, 2009 Andrew David Wetzel, Covington, LA, pro se. R. Bradley Lewis, Talley, Anthony, Hughes & Knight, LLC, Mandeville, LA, Leo R. Hemelt, District Attorney's Office (22nd JDC), Covington, LA, for Rodney J. Strain, Jr., et al. ORDER DANIEL E. KNOWLES, III, United States Magistrate Judge. Plaintiff has filed a "Motion for Appointment of Counsel." Rec. Doc. 14. "A district court should appoint counsel in a civil rights case only if presented with exceptional circumstances." Norton v. Dimazana, 1... Shane BELLARD v. Sid J. GAUTREAUX, III. , M.D.La., November 3, 2009 J. Arthur Smith, III, Baton Rouge, LA, Enrique Chavez, Jr., El Paso, TX, for Shane Bellard. James Russell Lewis, Mary G. Erlingson, Tara Lynn Johnston, Crawford Lewis PLLC, Baton Rouge, LA, for Sid J. Gautreaux, III. RULING ON MOTIONS TO COMPEL DISCOVERY STEPHEN C. RIEDLINGER, United States Magistrate Judge. Before the court are two motions to compel discovery. The first is the Motion to Compel Discovery Responses filed by defendant Sid J. Gautreaux, III. Record document number 11. The ... Penny MORRIS and John Morris v. WYETH, INC. d/b/a/ Wyeth; Schwarz Pharma, Inc.; Pliva USA, Inc.; Teva Pharmaceuticals USA, Inc.; and Alaven Pharmaceuticals, LLC. , W.D.La., November 3, 2009 MEMORANDUM ORDER KAREN L. HAYES, United States Magistrate Judge. Before the court is a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) and a motion for a more definite statement pursuant to Fed.R.Civ.P. 12(e) filed by defendant Teva Pharmaceuticals USA, Inc. ("Teva"). (Doc. # 31). [FN1] Pursuant to the standing order of this court, the district court referred the motion to dismiss to the undersigned magistrate judge for report and recommendation and the motion for a more definite stat... Betty JOHNSON v. Davis PRO, et al. , E.D.La., November 3, 2009 Paul W. Odenwald, Paul William Odenwald, Jr., Paul W. Odenwald, Attorney at Law, Metairie, LA, for Betty Johnson. Sunni Jones Lebeouf, U.S. Attorney's Office, New Orleans, LA, for Federal Emergency Management Agency. ORDER AND REASONS LANCE M. AFRICK, District Judge. Before the Court is a motion to dismiss filed by the United States on behalf of the Federal Emergency Management Agency ("FEMA"). [FN1] Plaintiff, Betty Johnson, has not opposed the motion. [FN2] For the following reasons, t... STATE of Louisiana v. William NELSON. , M.D.La., November 3, 2009 William W. Nelson, Port Allen, LA, pro se. RULING RALPH E. TYSON, Chief Judge. The court, after carefully considering the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Christine Noland dated October 14, 2009, 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, this matter will be summarily remanded... Petition of Robert CHATERLAIN, et al v. Richard LLOYD, et al. , M.D.La., November 3, 2009 Michael A. Patterson, S. Brooke Barnett, Long Law Firm, LLP, Baton Rouge, LA, for Petition of Robert Chaterlain, et al. Kevin Mason, Louis L. Robein, Jr., Robein, Urann, Spencer, Picard & Cangemi, APLC, Metairie, LA, for Richard Lloyd, et al. RULING RALPH E. TYSON, Chief Judge. The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Stephen C. Riedlinger dated September 29, 2009. D... James H. LEBLANC, Jr. v. GREATER BATON ROUGE PORT COMMISSION, et al. , M.D.La., November 3, 2009 Charles D. Jones, Monroe, LA, for James H. LEBLANC, Jr. Peter S. Koeppel, Margaret Bradley, Best Koeppel, New Orleans, LA, for Greater Baton Rouge Port Commission. RULING RALPH E. TYSON, Chief Judge. The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Stephen C. Riedlinger dated September 21, 2009. Defendant, Port of Greatr Baton Rouge, has filed an objection which the court ha... Brad BOUTIN v. NEWFIELD EXPLORATION CO., et al. , W.D.La., November 3, 2009 John W. Degravelles, Degravelles Palmintier et al., Frank Tomeny, III, Tomeny & Fisher, Baton Rouge, LA, for Brad Boutin. Kevin P. Merchant, Charles W. Montz, Jr., Laborde & Neuner, Michael W. Adley, Marc W. Judice, Judice & Adley, Lafayette, LA, for Newfield Exploration Co., et al. MEMORANDUM RULING REBECCA F. DOHERTY, District Judge. Pending before the Court is the Motion for Summary Judgment [Doc. 209] filed by defendants Grasso Production Management, Inc. and its insurer, National Un... Linda PETE v. Michael J. ASTRUE, Commissioner of Social Security. , W.D.La., November 3, 2009 Samuel Wade Packard, Steven S. Packard, Packard Packard & Lapray, Lake Charles, LA, for Linda Pete. John A. Broadwell, U.S. Attorneys Office, Shreveport, LA, for Michael J. Astrue, Commissioner of Social Security. JUDGMENT PATRICIA MINALDI, District Judge. There being no objection to the proposed findings of fact and conclusions of law in the Report and Recommendation of the Magistrate Judge previously filed herein, these findings and conclusions are accepted. Alternatively, this court c... Nakenia JOHNSON v. HOSPITAL CORP. OF AMERICA, et al. , W.D.La., November 3, 2009 Dan M. Scheuermann, Baton Rouge, LA, for Nakenia Johnson. Leslie W. Ehret, Suzanne Marie Risey, Frilot, New Orleans, LA, for Hospital Corp. of America and Dauterive Hospital. MEMORANDUM RULING REBECCA F. DOHERTY, District Judge. Pending before the Court are two motions: (1) the Motion to Dismiss, or, in the Alternative, Motion for Summary Judgment [Doc. 16] filed by defendant Hospital Corporation of America ("HCA"); and (2) the Motion to Dismiss [Doc. 3] filed by defendant Dauterive Hosp... John Ford DIETZ v. Anne Bennett Morrison DIETZ. , W.D.La., November 3, 2009 MEMORANDUM RULING REBECCA F. DOHERTY, District Judge. Pending before the Court are the parties' briefs addressing the issue of subject matter jurisdiction, ordered by the Court sua sponte on August 27, 2009 [Docs. 51 & 67]. [FN1] Because this Court concludes it lacks subject matter jurisdiction over the instant case, the case is REMANDED to the 15th Judicial District Court for the Parish of Vermilion, Louisiana. FN1. Although defendant Richard Morrison was given the opportunity to fil... UNITED STATES of America v. Tommy NABOR, Jr. , M.D.La., November 3, 2009 RULING RALPH E. TYSON, Chief Judge. The court, after carefully considering the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Docia L. Dalby dated September 15, 2009, 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 petitioner's motion to vacate, set aside, or correct his sentence pursuant to 2... LIBERTY MUTUAL INSURANCE COMPANY v. Dr. Clark GUNDERSON, et al , W.D.La., November 2, 2009 MEMORANDUM RULING TRIMBLE, J. Before the Court is "First Health Group's Motion for Permanent Injunction" (doc. # 351) wherein defendant, First Health Group Corp. ("First Health") seeks a permanent injunction against George Raymond Williams, M.D., Frank W. Lopez, M.D., Joseph Turk, D.C., and The Barczyk Clinic, a Professional Chiropractic Corp., Fayez K. Shamieh and Beutler-England Chiropractic Clinic, defendant-providers in this lawsuit, and Lake Charles Memorial Physician Hospital Organizati... IBERIA CREDIT BUREAU, INC., et al. v. CINGULAR WIRELESS, et al. , W.D.La., November 2, 2009 Theodore Michael Haik, Jr., Haik Minivielle & Grubbs, New Iberia, LA, David Patrick Daniel, Jr., Law Offices of D. Patrick Daniel Jr., Joseph R. Joy, III, Joseph Joy & Assoc., Lafayette, LA, Elizabeth C. Dougherty, Dougherty Law Firm, Baton Rouge, LA, James Robert Davis, Jr., Law Offices of J. Robert Davis, Houston, TX, for Iberia Credit Bureau, Inc., et. al. Joseph E. Leblanc, Jr., Leblanc Bland, Houston, TX, Carl Marquardt, Kelly Twiss Noonan, Mathew L. Harrington, Stokes Lawrence, Seattl... David HENDERSON v. WARDEN, WINN CORRECTIONAL CENTER. , W.D.La., November 2, 2009 David Henderson, Winnfield, LA, pro se. John M. Lawrence, DA's Office 26th JDC, Benton, LA, Mary Ellen Hunley, LA Atty Generals Office, Baton Rouge, LA, for Warden, Winn Correctional Center. JUDGMENT S. MAURICE HICKS, JR., District Judge. For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, no written objections having been filed, and concurring with the findings of the Magistrate Judge under... Troy D. SADLER, Jr. and Melinda J. Sadler v. Daniel A. ACKER, Schwerman Trucking, Continental Casualty Company, State Farm Mutual Automobile Insurance Company. , M.D.La., November 2, 2009 RULING & ORDER CHRISTINE NOLAND, United States Magistrate Judge. This matter is before the Court on the Motion to Compel Updated Independent Medical Examinations (R. Doc. 63) filed by defendants, Daniel A. Acker, Schwerman Trucking Company, and Continental Casualty Company (collectively "defendants"). Plaintiffs, Troy D. Sadler, Jr. ("Mr.Sadler") and Melinda Sadler ("Mrs.Sadler")(collectively "plaintiffs"), have not filed an opposition to this motion. FACTUAL & PROCEDURAL BACKGROUND This la... Bruce GAUBERT v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION, et al. , E.D.La., November 2, 2009 David A. Binegar, Tiffany Renee Christian, Binegar Christian, Stuart Thomas Barasch, Lawrence J. Centola, Jr., New Orleans, LA, for Bruce Gaubert. Charles L. Chassaignac, IV, Eleanor Weeks Wall, James Eric Johnson, Porteous, Hainkel & Johnson, Baton Rouge, LA, Gerald J. Nielsen, Kenneth M. Waguespack, Jr., Kim Tran Britt, Nielsen Law Firm, Metairie, LA, Brent M. Burns, King, Krebs & Jurgens, PLLC, New Orleans, LA, for Louisiana Citizens Property Insurance Corporation, et al. ORDER AND REAS... Reginald D. McCULLOUGH v. Larry ENGLISH. , W.D.La., November 2, 2009 Reginald D. McCullough, Tallulah, LA, pro se. JUDGMENT S. MAURICE HICKS, JR., District Judge. For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, no written objections having been filed, and concurring with the findings of the Magistrate Judge under the applicable law; IT IS ORDERED that Plaintiff's Motion for Leave to Proceed in Forma Pauperis (Doc. 4) be and is hereby GRANTED. IT IS FURTH... Randi KINYON v. Sugar Ray BULLOCK. , W.D.La., November 2, 2009 Jennifer Jon Greene, James C. Klick, Maury A. Herman, Stephen J. Herman, Herman Herman et al, New Orleans, LA, for Randi Kinyon. Marshall R. Pearce, Casten & Pearce, Shreveport, LA, for Sugar Ray Bullock. JUDGMENT S. MAURICE HICKS, JR., District Judge. For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, no written objections having been filed, and concurring with the findings of the Magistra... Janice COOKS v. NATIONAL FLOOD INSURANCE PROGRAM. , E.D.La., November 2, 2009 Jim S. Hall, Joseph W. Rausch, Jim S. Hall & Associates, Metairie, LA, for Janice Cooks. Sunni Jones Lebeouf, U.S. Attorney's Office, New Orleans, LA, for National Flood Insurance Program. ORDER AND REASONS HELEN G. BERRIGAN, District Judge. This matter comes before the Court on motion for summary judgment filed by the defendant, the United States of America on behalf of the Federal Emergency Management Agency ("FEMA"), a component of the U.S. Department of Homeland Security that adminis... Leotha Lee JACKSON, Sr. v. WEBSTER PARISH. , W.D.La., November 2, 2009 Leotha Lee Jackson, Sr., Heflin, LA, pro se. Patrick R. Jackson, Bossier City, LA, for Webster Parish. MEMORANDUM RULING TOM STAGG, Judge. Before the court are two motions to dismiss filed by the defendant, Webster Parish Police Jury (referred to as "Webster Parish" in the complaint). See Record Documents 13 and 14. For the reasons stated below, the motion to dismiss for insufficient service of process is GRANTED. I. BACKGROUND Plaintiff, Leotha Lee Jackson, Sr., on behalf of the estate ... Justin Lorenzo THOMAS v. Terry TERRELL, et al. , W.D.La., November 2, 2009 Justin Lorenzo Thomas, Kinder, LA, pro se. JUDGMENT PATRICIA MINALDI, District Judge. For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, and a de novo determination of the issues, and consideration of the objections filed herein, and having determined that the findings are correct under applicable law, IT IS ORDERED that plaintiff's civil rights complaint be DISMISSED WITH PREJUDICE as fr... CCN MANAGED CARE, INC. v. Dr. Fayez SHAMIEH, AMC, et al. , W.D.La., November 2, 2009 Perry R. Staub, Jr., Larry E. Demmons, Mark Edward Van Horn, Taggart Morton et al., New Orleans, LA, for CCN Managed Care, Inc. John S. Bradford, William B. Monk, Stockwell Sievert et al., Michael K. Cox, Thomas A. Filo, Cox Cox et al., Lake Charles, LA, for Dr. Fayez Shamieh, AMC, et al. MEMORANDUM RULING JAMES T. TRIMBLE, JR., District Judge. Before the Court is a "Motion for Permanent Injunction" (doc. # 157) filed by declaratory plaintiff, CCN Managed Care, Inc. ("CCN") wherein the ... Angel MARTINEZ Fed.Reg. # 87798-020 v. UNITED STATES of America. , W.D.La., November 2, 2009 JUDGMENT REBECCA F. DOHERTY, District Judge. For the reasons contained in the Report and Recommendation of the Magistrate Judge filed previously herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law; IT IS ORDERED that petitioner's Application for Federal Writ of Habeas Corpus Under 28 U.S.C. § 2241 be DENIED and DISMISSED WITH PREJUDICE pursuant to the provisions of FRCP Rule 12(h). REPORT AND RECOMMENDATION MILDRE... Abdul S. KHAN, et al. v. Sheriff Harry LEE, et al. , E.D.La., October 30, 2009 ORDER AND REASONS JAY C. ZAINEY, District Judge. Before the Court is a Motion for Summary Judgment (Rec.Doc. 53) filed by defendant Joseph Hauth, M.D. Plaintiffs, Abdul S. Khan and Hajera T. Khan, oppose the motion. The motion, set for hearing on October 14, 2009, is before the Court on the briefs without oral argument. For the reasons that follow, the motion is DENIED. I. BACKGROUND On July 17, 2007, Jefferson Parish deputies were dispatched to the Winn-Dixie store located at 211 Veterans... MARKETFARE ANNUNCIATION, LLC, et al. v. UNITED FIRE & CASUALTY COMPANY, et al. , E.D.La., October 30, 2009 Philip Anthony Franco, Gregory Fortier Rouchell, Leslie A. Lanusse, Adams & Reese, LLP, New Orleans, LA, for Marketfare Annunciation, LLC, et al. Stephen R. Barry, Daphne P. McNutt, Tonya Rhodes Jupiter, Wendell R. Verret, Barry & Piccione, New Orleans, LA, for United Fire & Casualty Company, et al. ORDER CARL J. BARBIER, District Judge. Before the Court is the Schwegmann Intervenors' Revised Motion for Approval of and Withdrawal of Attorney's Fees (Rec.D.663) . The Law Firm of Chopin, W... Carolyn R. JOHNSON and Timothy R. Johnson v. CITY OF RUSTON UTILITY MUNICIPAL COMPLEX and the Ruston City Police. Carolyn R. Johnson and Timothy R. Johnson v. Humanitarian Enterprise of Lincoln Parish CAA and Mr. W. Wright, A Community Action Bo, W.D.La., October 30, 2009 Carolyn R. Johnson, Haynesville, LA, pro se. MEMORANDUM ORDER S. MAURICE HICKS, JR., Disrict Judge. On March 9, 2007, the undersigned sanctioned Carolyn Johnson ("Johnson"), specifically stating: [T]he Clerk of Court shall decline to file any civil complaint submitted by Carolyn Johnson unless the complaint [and any accompanying motion to proceed in forma pauperis ] has been presented first to a district judge of this court and the judge has specifically authorized in writing that the com... UNITED STATES of America v. CHEVRON USA, INC. , W.D.La., October 30, 2009 Joseph Thomas Mickel, U.S. Attorneys Office, Lafayette, LA, for Plaintiff. Brian Anthony Jackson, Liskow & Lewis, New Orleans, LA, for Defendant. MEMORANDUM ORDER C. MICHAEL HILL, United States Magistrate Judge. Defendant, Chevron USA, Inc. ("Chevron"), appeared on Friday, July 24, 2009, before the undersigned to enter a plea of guilty to a Bill of Information filed on June 24, 2009. The Information charged one count of violating the Migratory Bird Treaty Act ("MBTA"), 16 U.S.C. §§ 703, ... J.W.M. (XXX-XX-5159) v. U.S. COMMISSIONER SOCIAL SECURITY ADMINISTRATION. , W.D.La., October 30, 2009 Margherita Mcwilliams, Legal Svcs. of N LA, Shreveport, LA, for Jeffrey W. McGee, Sr. John A. Broadwell, U.S. Attorneys Office, Shreveport, LA, for U.S. Commissioner Social Security Administration. MEMORANDUM RULING MARK L. HORNSBY, United States Magistrate Judge. Plaintiff applied for disability benefits based primarily on a claim that he cannot work because of back problems. The ALJ conducted a hearing and issued a written decision that analyzed the claim in accordance with the five- s... ASSET FUNDING GROUP, L.L.C., et al v. ADAMS AND REESE, L.L.P. , E.D.La., October 30, 2009 ORDER AND REASONS IVAN L.R. LEMELLE, District Judge. Plaintiffs' motion to exclude the testimony of defendant's proposed expert, H. Kenneth Lefoldt, Jr. is DENIED (Record Document No. 408). CPA Mr. Lefoldt, Jr.'s expertise in Finance and Accounting has previously been established in federal district and bankruptcy courts and state trial courts. He has served as an examiner, trustee, liquidating trustee/accountant in hundreds of bankruptcy cases. He is a member of the American Bankruptcy Insti... Tina WHITE v. AT & T. , M.D.La., October 30, 2009 Tina White, Baton Rouge, LA, pro se. ORDER DOCIA L. DALBY, United States Magistrate Judge. This matter is before the court on an initial screening of plaintiff's complaint, brought in forma pauperis under 28 U.S.C. § 1915A, which provides that a court shall review, as soon as practicable after docketing, a newly filed complaint and shall dismiss same, or any portion of same, if the Court determines that the complaint is "frivolous, malicious, or fails to state a claim upon which relief may ... CAL DIVE INTERNATIONAL, INC., et al. v. SEABRIGHT INSURANCE COMPANY. , E.D.La., October 29, 2009 Sidney Daniel Meeks, Joseph A. Devall, Jr., Wheat, Oppermann & Meeks, P.C., Metairie, LA, for Cal Dive International, Inc., et al. Henry H. Lebas, Glynn Shelly Maturin, II, Lebas Law Offices, Lafayaette, LA, for Seabright Insurance Company. ORDER AND REASONS CARL J. BARBIER, District Judge. Before the Court are Plaintiffs' Motion for Judgment on the Pleadings and Motion for Summary Judgment (Rec.Doc.8) and Defendant's Cross Motion for Summary Judgment (Rec.Doc.16). Having considered the ... Clinton A. MILEY, Jr. et al. v. CITY OF BOGALUSA. , E.D.La., October 29, 2009 Louis Leo Robein, Jr., Christina Leigh Carroll, Nancy Picard, Robein, Urann, Spencer, Picard & Cangemi, APLC, Metairie, LA, for Plaintiffs. Laurie Briggs Young, Adams & Reese, LLP, New Orleans, LA, for Defendant. ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that the City of Bogalusa's Motion for Summary Judgment is DENIED. (Document # 29.) IT IS FURTHER ORDERED that the plaintiffs' Motion for Summary Judgment is GRANTED. (Document # 27.) IT IS FURTHE... FEDERAL TRADE COMMISSION v. NATIONAL BUSINESS CONSULTANTS, INC. et al. , E.D.La., October 29, 2009 ORDER AND REASONS MARY ANN VIAL LEMMON, District Judge. IT IS HEREBY ORDERED that Robert Namer's "Motion to Quash Seizure," pursuant to 28 U.S.C. § 3202, is DENIED. (Document # 1355 .) I. BACKGROUND The United States has a judgment against Robert Namer and others consisting of $3,019,377.00 in damages awarded to consumers for redress, $875,619.34 in prejudgment interest, $239,624.00 in attorney's fees, $31,858.19 for costs, and post-judgment interest accruing at a rate of 5.42% per annum co... Mayelith HURTADO and Carlos Hurtado v. RIVERSIDE COURT CONDOMINIUM ASSOCIATION PHASE II, INC., T. Rhodes Realty, Inc., State Farm Fire and Casualty Company and Fidelity National Property and Casualty Insurance Company. , E.D.La., October 29, 2009 Leonard Cardenas, III, Scotty E. Chabert, Jr., Cardenas & Saunders, Baton Rouge, LA, for Mayelith Hurtado and Carlos Hurtado. William Marvin Hall, Katie M. Cusimano, Hailey, McNamara, Hall, Larmann & Papale, Metairie, LA, Wayne J. Lee, Jackie Marie McCreary, Jennifer Borum Bechet, Michael Q. Walshe, Jr., Stone, Pigman, Walther, Wittmann, LLC, New Orleans, LA, Kim Tran Britt, Gerald J. Nielsen, Jason Michael Verdigets, William T. Treas, Nielsen Law Firm, Metairie, LA, for Riverside Court Condo... Maurice Earl OATIS v. ST. TAMMANY PARISH SHERIFF'S OFFICE et al. , E.D.La., October 29, 2009 Maurice Earl Oatis, Covington, LA, pro se. ORDER KURT D. ENGELHARDT, District Judge. The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of plaintiff to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that ... Percell James MATTHEWS, Sr. v. June DARANSBURG et al. , E.D.La., October 29, 2009 Percell James Matthews, Sr., Gretna, LA, pro se. ORDER ENGELHARDT, District Judge. The court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of plaintiff to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that pl... Helio FERNANDES DA SILVA, et al v. M2/ROYAL CONSTRUCTION OF LOUISIANA, LLC, et al. , E.D.La., October 29, 2009 Nancy Picard, Robert H. Urann, Robein, Urann, Spencer, Picard & Cangemi, APLC, Metairie, LA, Vanessa Spinazola, The Pro Bono Project, New Orleans, LA, for Helio Fernandes da Silva, et al. M2 Royal Construction of Louisiana, LLC, (Through) C.T. Corporation, Baton Rouge, LA, pro se. Daniel Aubry Ranson, Glenn David Price, Jr., Gaudry, Ranson, Higgins & Gremillion, LLC, Gretna, LA, for BMCI Contracting, Inc. Morris Troxell, Crowley, TX, pro se. Bright Corporation, Orlando, FL, pro se. ... Jermaine H. HUDSON v. Burl CAIN. , E.D.La., October 29, 2009 Jermaine H. Hudson, Angola, LA, pro se. David Stephen Pipes, Jr., Graham Leaming Bosworth, District Attorney's Office, New Orleans, LA, for Burl Cain. ORDER MARTIN L.C. FELDMAN, District Judge. The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the objections to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Jud... Mark RUTLEDGE v. Warden Burl CAIN. , W.D.La., October 29, 2009 Mark Rutledge, St. Gabriel, LA, pro se. Michele S. Billeaud, Lafayette, LA, for Warden Burl Cain. JUDGMENT RICHARD T. HAIK, SR., District Judge. For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, determining that the findings are correct under the applicable law, and noting the absence of objections to the Report and Recommendation in the record; IT IS ORDERED that the petition for writ of habeas corpus be DISMISSED WITH PREJUDICE ... U.L. COLEMAN COMPANY, LTD, et al. v. BOSSIER CITY-PARISH METROPOLITAN PLANNING COMMISSION, et al. , W.D.La., October 29, 2009 Richard B. Eason, II, Joseph W. Looney, Adams & Reese, New Orleans, LA, James Charles Mcmichael, Jr., Mcmichael Medlin et al, Shreveport, LA, for Plaintiff. Neil T. Erwin, Neil Erwin Law, Shreveport, LA, Lana Davis Crump, Katie Deranger Bell, Laura L. Hart, Kean Miller et al, Baton Rouge, LA, for Defendant. MEMORANDUM ORDER S. MAURICE HICKS, JR., District Judge. Before the Court is a Motion to Dismiss on Behalf of the Bossier City Office of Permits and Inspections ("Office of Permits")... Whitney BATISTE La. Doc # 473367 v. Burl CAIN, Warden. , W.D.La., October 29, 2009 JUDGMENT TUCKLER L. MELANCON, District Judge. For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record including the objections filed by petitioner, and having determined that the findings and recommendation are correct under the applicable law; it is ORDERED that this petition for writ of habeas corpus is DENIED AND DISMISSED WITH PREJUDICE as petitioner's claims are procedurally defaulted. REP... Catherine Allen PERKINS v. STATE Farm Fire and Casualty Company. , E.D.La., October 28, 2009 Lawrence J. Centola, Jr., New Orleans, LA, for Catherine Allen Perkins. ORDER AND REASONS CARL J. BARBIER, District Judge. Before the Court is Plaintiff Catherine Allen-Perkins' Motion to Dismiss Without Prejudice (Rec.Doc.19) and Defendant State Farm Fire & Casualty Company's ("State Farm" or "Defendant") Response Memorandum in Opposition (Rec.Doc.21). PROCEDURAL HISTORY This action is one of hundreds of Hurricane Katrina insurance coverage disputes brought against State Farm by the Hurric... Mark MARGIN v. SOCIAL SECURITY ADMINISTRATION. , E.D.La., October 28, 2009 Mark Margin, New Orleans, LA, pro se. Jason M. Bigelow, U.S. Attorney's Office, New Orleans, LA, for Defendant. ORDER AND REASONS DANIEL E. KNOWLES, III, United States Magistrate Judge. Before the Court is an application for appointment of counsel [Doc. # 23] filed by pro se plaintiff, Mark Margin ("Margin"). [FN1] Margin appeals the Social Security Administration's denial of supplemental security income ("SSI") payments retroactively to May 1987, the date on which Margin alleges the on... Constance M. FISHER v. Michael J. ASTRUE, Commissioner of Social Security Administration. , E.D.La., October 28, 2009 Rebecca Orin Dean, Barkan, Neff, Handelman, Meizlish, LLP, New Orleans, LA, for Plaintiff. Jason M. Bigelow, U.S. Attorney's Office, New Orleans, LA, for Defendant. ORDER MARTIN L.C. FELDMAN, District Judge. Local Rule 07.5E of the Eastern District of Louisiana requires that memoranda in opposition to a motion be filed eight days prior to the date set for hearing on the motion. No memoranda in opposition to the plaintiff's motion to vacate, set for hearing on October 28, 2009, has been t... Rebecca Lou BRADSHER v. WAL-MART LOUISIANA, L.L.C., et al. , W.D.La., October 28, 2009 Christian C. Creed, Creed & Creed, Charles H. Heck, Law Office of Charles H. Heck, Monroe, LA, for Rebecca Lou Bradsher. Paul M. Adkins, Blanchard Walker et. al., Shreveport, LA, for Wal-Mart Louisiana, L.L.C., et al. MEMORANDUM RULING KAREN L. HAYES, United States Magistrate Judge. Before the undersigned magistrate judge, on reference from the district court, is a motion to remand [doc. # 9] filed by plaintiff, Rebecca Lou Bradsher. [FN1] Defendants oppose the motion. For reasons stated... Leroy VERRET, Sr. v. NORTH STAR MARINE, LLC. , E.D.La., October 28, 2009 Charles Arlen Braud, II, Michelle O. Gallagher, Braud & Gallagher, LLC, Madisonville, LA, for Plaintiff. Kelley A. Sevin, Elton Ford Duncan, III, Harry E. Morse, Duncan, Courington & Rydberg, LLC, New Orleans, LA, for Defendant. ORDER KAREN WELLS ROBY, United States Magistrate Judge. Before the Court is a Motion for a More Definite Statement (R. Doc. 12), filed by Defendant, North Star Marine, LLC ("North Star"), seeking a more definite statement of the Plaintiff, Leroy Verret, Sr.'s ("V... Jasmine M. WINSTON v. CITY OF SHREVEPORT, et al. , W.D.La., October 28, 2009 Douglas L. Harville, Harville Law Firm, Shreveport, LA, for Jasmine M. Winston. Joseph S. Woodley, Edwin H. Byrd, III, Pettiette Armand et. al., Shreveport, LA, for City of Shreveport, et al. MEMORANDUM RULING S. MAURICE HICKS, JR., District Judge. Before this Court is a Motion for Summary Judgment. [Record Document 17]. Defendants, Former Chief of Police Mike Vansant and Shreveport Police Officer W.J. Willis, assert that Officer Willis is entitled to qualified immunity for Plaintiff's S... Joshua ARCENEAUX v. UNITED STATES of America. , W.D.La., October 28, 2009 William Mallory Kent, Jacksonville, FL, for Joshua Arceneaux. MEMORANDUM RULING S. MAURICE HICKS, JR., District Judge. Before this Court is a Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [Record Document 76], filed on behalf the petitioner, Joshua Arceneaux. Arceneaux seeks to have his sentence vacated based on the following grounds: (1) ex parte communications between the government and the Court; (2) ineffective assistance of couns... Philip MONTELEPRE v. GREATER NEW ORLEANS EXPRESSWAY COMMISSION, et al. , E.D.La., October 28, 2009 Philip Montelepre, Montelepre & Montelepre, Catherine Montelepre Lalla, Montelepre Law Firm, New Orleans, LA, for Plaintiff. Kyle P. Kirsch, Jason Bradford Thrower, McCranie, Sistrunk, Metairie, LA, for Defendants. ORDER HELEN G. BERRIGAN, District Judge. The Court, after considering the parties' submissions regarding defendant's application for attorney's fees, the entirety of the record, the applicable law, the Magistrate Judge's Report and Recommendation [Doc. # 35] and the absence of... Joseph ANTHONY v. Burl CAIN, Warden. , E.D.La., October 28, 2009 Joseph Anthony, Angola, LA, pro se. Kathryn W. Landry, Kathryn W. Landry, LLC, Baton Rouge, LA, for Burl Cain, Warden. ORDER MARTIN L.C. FELDMAN, Distric Judge. The Court, having considered the petition, the record, the applicable law and the Report and Recommendation of the United States Magistrate Judge, and the objections to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its own opi... Claude D. COLLINS v. Michael THOMPSON, et al. , E.D.La., October 28, 2009 Claude D. Collins, Angie, LA, pro se. ORDER JAY C. ZAINEY, District Judge. The Court, having considered the complaint, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and Plaintiff Claude D. Collins's objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that plaintiff's fede... Amy Weidig SHOEMAKER v. Michael L. SHOEMAKER, et al. , M.D.La., October 28, 2009 Michael L. Shoemaker, Angola, LA, pro se. RULING JAMES J. BRADY, District Judge. The court has carefully considered the petition, the record, the law applicable to this action, the Report and Recommendation of United States Magistrate Judge Docia L. Dalby dated September 15, 2009 (doc. no. 12). The defendant filed an objection which has been carefully reviewed by the court. The arguments made by defendant are immaterial and the court hereby approves the report and recommendation of the magi... Ivory H. HAMMOND, Sr. v. NEW ROADS CITY POLICE DEPARTMENT, et al. , M.D.La., October 28, 2009 Otha Curtis Nelson, Sr., Nelson & Nelson, LLP, Baton Rouge, LA, for Ivory H. Hammond, Sr. Willie G. Johnson, Jr., Seale, Smith, Zuber & Barnette, Baton Rouge, LA, for New Roads City Police Department, New Roads City Chief of Police, Tony Johnson, Paul Freeman. Ruling on Motion for Summary Judgment JAMES J. BRADY, District Judge. This matter is before the Court on defendants' motion to dismiss (doc. 3), which is being treated by the Court as a motion for summary judgment. Plaintiff has fi... Aliex P. PAPPILLION v. Don DIXON, Et Al. , W.D.La., October 28, 2009 Aliex P. Pappillion, Lake Charles, LA, pro se. JUDGMENT JAMES T. TRIMBLE, JR., District Judge. For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein and after an independent review of the record, and a de novo determination of the issues, and consideration of the objections filed herein, and having determined that the findings are correct under applicable law; it is ORDERED that plaintiff's civil rights complaint against Chief Don Dixon, ... Adadele ROBERTSON v. NATIONAL FLOOD INSURANCE PROGRAM. , E.D.La., October 27, 2009 David A. Binegar, Tiffany Renee Christian, Binegar Christian, New Orleans, LA, for Adadele Robertson. Andre Jude Lagarde, U.S. Attorney's Office, New Orleans, LA, for National Flood Insurance Program. ORDER AND REASONS LANCE M. AFRICK, District Judge. Before the Court is a motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) or, alternatively, for summary judgment filed by defendant, the National Flood Insurance Program ("NFIP") through the Federal Emergency Management Agency ("FEMA... Rachael HENRY, et al v. Byron TOUPS, et al. , E.D.La., October 27, 2009 John Jerry Glas, Joanne Rinardo, Deutsch, Kerrigan & Stiles, LLP, New Orleans, LA, for Rachael Henry, et al. Byron Toups, Desallemands, LA, pro se. Pamela Wescovich Dill, Franklin V. Endom, Jr., Karen D. Murphy, Hammonds & Sills, Baton Rouge, LA, for Byron Toups, et al. ORDER SALLY SHUSHAN, United States Magistrate Judge. SHERIFF'S MOTION TO QUASH (Rec.doc.63) GRANTED IN PART AND DENIED IN PART On February 11, 2008, the plaintiffs, Rachel Henry ("Henry") and Amber Bourgeois ("Bourgeo... David JACOBSON v. Marlin GUSMAN, Et Al. , E.D.La., October 27, 2009 David Jacobson, New Orleans, LA, pro se. Freeman Rudolph Matthews, Timothy R. Richardson, Usry, Weeks & Matthews, New Orleans, LA, for Marlin Gusman, Et Al. ORDER SALLY SHUSHAN, United States Magistrate Judge. Plaintiff has filed a number of motions. Those motions, Rec. Docs. 23, 24, 26, 27, and 29, are hereby DENIED for the following reasons. First, plaintiff has filed a document entitled "Motion for Joinder of Parties." Rec. Doc. 23. Despite the document's title, plaintiff is in fac... Andre PALMER v. Tim WILKINSON, WARDEN, et al. , M.D.La., October 27, 2009 Andre Palmer, Angie, LA, pro se. Donald David Candell, District Attorney's Office-Ascension, Gonzales, LA, Tim Wilkinson, Warden, et al. RULING JOHN V. PARKER, District Judge. The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Christine Noland dated September 18, 2009 (doc. 35). Plaintiff has filed an objection (doc. 38) which merely restates legal argument and does not requi... Bobby Ray YOUNG v. WARDEN WINN CORRECTIONAL CENTER. , W.D.La., October 27, 2009 Bobby Ray Young, Shreveport, LA, pro se. Catherine M. Estopinal, DA's Office, 1st JDC, Shreveport, LA, for Warden Winn Correctional Center. JUDGMENT TOM STAGG, District Judge. For the reasons assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, no written objections having been filed herein, and concurring with the findings of the Magistrate Judge under the applicable law; IT IS ORDERED that the petition ... Freddie HICKS v. Marlin GUSMAN--Sheriff, et al. , E.D.La., October 26, 2009 Freddie Hicks, New Orleans, LA, pro se. REPORT AND RECOMMENDATION SALLY SHUSHAN, United States Magistrate Judge. Plaintiff, Freddie Hicks, a state prisoner and frequent litigant in this Court, filed this pro se and in forma pauperis complaint pursuant to 42 U.S.C. § 1983. He named as defendants Orleans Parish Criminal Sheriff Marlin Gusman and the Orleans Parish Criminal Sheriff's Office. This civil action is the latest in a series of lawsuits he has filed regarding the conditions of his co... Karen HESS, Surviving Spouse of Michael D. Bares v. UNION STANDARD INSURANCE COMPANY, et al. , E.D.La., October 26, 2009 Ron S. Macaluso, Macaluso & Jordan, APC, Hammond, LA, for Karen Hess, Surviving Spouse of Michael D. Bares. Glenn Paul Orgeron, Lisa A. Easterling, Kean Miller, New Orleans, LA, Douglas K. Foster, Law Office of Jamie M. Bankston, Baton Rouge, LA, John Thomas Roethele, John T. Roethele, APLC, Denham Springs, LA, John B. Edwards, Bradley A. Stevens, Edwards & Associates Law Firm, LLC, Amite, LA, for Union Standard Insurance Company, et al. ORDER AND OPINION STANWOOD R. DUVAL, JR., District Ju... Robert WILLIAMS v. Sheriff Marlin GUSMAN, et al. , E.D.La., October 26, 2009 Robert Williams, New Orleans, LA, pro se. Timothy R. Richardson, Freeman Rudolph Matthews, Usry, Weeks & Matthews, New Orleans, LA, for Sheriff Marlin Gusman, et al. ORDER AND REASONS ALMA L. CHASEZ, United States Magistrate Judge. Plaintiff, Robert Williams, is incarcerated in the Orleans Parish Prison, in New Orleans, Louisiana. He is a frequent filer of frivolous lawsuits in this court. He filed this pro se complaint pursuant to 42 U.S.C. § 1983 against Sheriff Marlin Gusman, Warden J... Keith J. HENRY v. Michael J. ASTRUE, Commissioner Social Security Administration. , W.D.La., October 26, 2009 William J. Ziegler, Jr., Lafayette, LA, for Plaintiff. John A. Broadwell, US Attorneys Office, Shreveport, LA, for Defendant. RULING ON MOTION FOR ATTORNEY FEES AND COSTS PURSUANT TO EQUAL ACCESS TO JUSTICE ACT (Rec.Doc.13) MILDRED E. METHVIN, United States Magistrate Judge. Before the undersigned is the plaintiff's Petition for Attorney's Fees (rec.doc.13), under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). In support of this request, Henry's counsel, William J. Ziegler... Jamie RICHARD v. Michael J. ASTRUE, Commissioner Social Security Administration. , W.D.La., October 26, 2009 George Stubbs Bourgeois, Jr., Opelousas, LA, for Jamie Richard. John A. Broadwell, U.S. Attorneys Office, Shreveport, LA, for Michael J. Astrue, Commissioner Social Security Administration. RULING ON MOTION FOR ATTORNEY FEES AND COSTS PURSUANT TO EQUAL ACCESS TO JUSTICE ACT (Rec.Doc.15) MILDRED E. METHVIN, United States Magistrate Judge. Before the undersigned is the Plaintiff's Motion for Attorney Fees Pursuant to the Equal Access to Justice Act (rec.doc.15), 28 U .S.C. § 2412(d)(EAJA).... Jason JINKS v. LA DEPT. OF PUBLIC SAFETY & CORRECTIONS, et al. , W.D.La., October 26, 2009 J. Broocks Greer, III, Ratcliff & Greer, Shreveport, LA, for Jason Jinks. James R. Sterritt, Gregg A. Wilkes, Cook Yancey et al., Shreveport, LA, for La Dept. of Public Safety & Corrections, et al. MEMORANDUM RULING S. MAURICE HICKS, JR., District Judge. Before the Court is a Motion to Dismiss Pursuant to FRCP Rule 12(b)(6) (Record Document 15) filed by two of the defendants, the State of Louisiana, through the Department of Public Safety and Corrections ("the State"), and Billie Jamison... Jason JINKS v. LA DEPT OF PUBLIC SAFETY & CORRECTIONS, et al. , W.D.La., October 26, 2009 J. Broocks Greer, III, Ratcliff & Greer, Shreveport, LA, for Jason Jinks. James R. Sterritt, Gregg A. Wilkes, Cook Yancey et al., Sherlyn Davese Shumpert, LA Atty General's Office (Sport), Shreveport, LA, for LA Dept of Public Safety & Corrections, et al. MEMORANDUM RULING S. MAURICE HICKS, JR., District Judge. Before the Court is a Motion for Summary Judgment (Record Document 16) filed by two of the defendants, the State of Louisiana, through the Department of Public Safety and Correcti... Jason JINKS v. LA DEPT OF PUBLIC SAFETY & CORRECTIONS, et al. , W.D.La., October 26, 2009 J. Broocks Greer, III, Ratcliff & Greer, Shreveport, LA, for Jason Jinks. James R. Sterritt, Gregg A. Wilkes, Cook Yancey et. al., Sherlyn Davese Shumpert, LA Atty. General's Office (Sport), Shreveport, LA, for LA Dept. of Public Safety & Corrections, et. al. MEMORANDUM RULING S. MAURICE HICKS, JR., District Judge. Before the Court is an unopposed Motion for Summary Judgment (Record Document 31) filed by the remaining defendants, Larry Deen, Sheriff of Bossier Parish, Louisiana ("Sheriff... Paul J. McQUAIG v. Robert TANNER, Warden, R.C.C. , E.D.La., October 26, 2009 Paul James McQuaig, Angie, LA, pro se. Kathryn W. Landry, Kathryn W. Landry, LLC, Baton Rouge, LA, for Robert Tanner, Warden, R.C.C. ORDER LANCE M. AFRICK, District Judge. The Court, having considered the petition, the record, the applicable law and the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Mag... Maurice BETHLEY v. ALLSTATE INSURANCE CO. , E.D.La., October 26, 2009 John Francis Olinde, Charles D. Marshall, III, Walter Francis Becker, Jr., Chaffe McCall LLP, New Orleans, LA, for Maurice Bethley. P.M. Donovan, Donovan & Lawler, Metairie, LA, for Allstate Insurance Co. ORDER AND REASONS HELEN G. BERRIGAN, District Judge. Before the Court are four Motions in Limine by plaintiff Maurice Bethley ("Bethley") seeking to exclude (1) evidence of Bethley's previous bankruptcy (Rec.Doc.30); (2) evidence of his social security benefits and the medical condition... UNITED STATES MARINE, INC. v. UNITED STATES of America. , E.D.La., October 26, 2009 Jason R. Anders, William A. Neilson, Ajubita, Leftwich & Salzer, LLC, New Orleans, LA, Charles Leonard Egan, Jennifer J. Zeien, Marcus B. Slater, Jr., Slater & Zeien, LLP, Washington, DC, for United States Marine, Inc. Brock Darren Dupre, U. S. Attorney's Office, New Orleans, LA, for United States of America. ORDER CARL J. BARBIER, District Judge. Before the Court is Plaintiff's Motion for Summary Judgement (Rec. D. 59 & 73), Defendant's Motion for Summary Judgement (Rec.D.87), and Defen... Ragille DUPLESSIS v. CITY OF NEW ORLEANS, 1414 South Carrollton Avenue Popeye's Restaurant. , E.D.La., October 26, 2009 Ragille Duplessis, Angola, LA, pro se. ORDER A.J. McNAMARA, District Judge. The court, having considered the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the objection to the Magistrate Judge's Report and Recommendation filed by the plaintiff on October 19, 2009, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that the Motions t... UNDERGROUND SOLUTIONS, INC. v. CAD-SON CONSTRUCTION, L.L.C. , W.D.La., October 26, 2009 Isaac H. Ryan, Deutsch Kerrigan & Stiles, New Orleans, LA, for Underground Solutions, Inc. Russell J. Stutes, Jr., Stutes Fontenot et al., Lake Charles, LA, for Cad- Son Construction, L.L.C. MEMORANDUM RULING KATHLEEN KAY, United States Magistrate Judge. Currently before the court is plaintiff's Motion to Tax Attorney's Fees. Doc. 39. Plaintiff Underground Solutions, Inc., seeks to recover attorney's fees and costs associated with the prosecution of this lawsuit which concluded with a co... Annie Mae Jackson SNEED, Appellant v. Michael J. ASTRUE, Commissioner of Social Security, Appellee. , W.D.La., October 26, 2009 John Q. Davis, Coushatta, LA, for Appellant. John A. Broadwell, U.S. Attorneys Office, Shreveport, LA, for Appellee. RULING JAMES D. KIRK, United States Magistrate Judge. Annie Mae Jackson Sneed ("Sneed") filed an application for Disability Insurance Benefits ("DIB") on or about May 7, 2001. In her application, she set forth a disability date of November 8, 2000 due to hip, back and shoulder injuries suffered in a work related slip and fall. (R. 55-58). The claim was initially denied and... UNITED STATES of America v. Gregory Lamont CATO. , M.D.La., October 26, 2009 Jennifer M. Kleinpeter, United States Attorney's Office, Baton Rouge, LA, for United States of America. Michael Sean Walsh, Lee & Walsh, Baton Rouge, LA, for Gregory Lamont Cato. RULING RALPH E. TYSON, Chief Judge. The court has carefully considered the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Christine Noland dated September 15, 2009. Defendant has filed an objection which the court has considered. Th... Benjamin LEE v. Sgt. Johnny WEST, et al. , M.D.La., October 26, 2009 Benjamin Lee, Angola, LA, pro se. Scott G. Vincent, Louisiana Department of Justice, Baton Rouge, LA, for Sgt. Johnny West, et al. RULING RALPH E. TYSON, Chief Judge. The court, after carefully considering the petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Docia L. Dalby dated September 16, 2009, to which no objection has been filed, hereby approves the report and recommendation of the magistrate judge and adop... Karen HESS, Surviving Spouse of Michael D. Bares v. UNION STANDARD INSURANCE COMPANY, et al. , E.D.La., October 23, 2009 Ron S. Macaluso, Macaluso & Jordan, APC, Hammond, LA, for Plaintiff. Edwin G. Preis, Jr., Jennifer Joy Coussan, Robert Michael Kallam, Preis & Roy, PLC, Lafayette, LA, Glenn Paul Orgeron, Lisa A. Easterling, Kean Miller, New Orleans, LA, Douglas K. Foster, Law Office of Jamie M. Bankston, Baton Rouge, LA, John Thomas Roethele, John T. Roethele, APLC, Denham Springs, LA, John B. Edwards, Bradley A. Stevens, Edwards & Associates Law Firm, LLC, Amite, LA, for Defendants. ORDER AND OPINION STAN... David Cornell BLAND v. TERREBONNE PARISH CRIMINAL JUSTICE COMPLEX, et al. , E.D.La., October 23, 2009 David Cornell Bland, Houma, LA, pro se. ORDER SARAH S. VANCE, District Judge. The Court, finding that as of this date neither party has filed any objections to the Magistrate Judge's Report and Recommendations, hereby approves the Report and adopts it as its opinion. Accordingly, IT IS ORDERED that plaintiff David Bland's claims are DISMISSED with prejudice as frivolous and for otherwise failing to state a claim on which relief may be granted. REPORT AND RECOMMENDATION SALLY SHUSHAN, U... Kelly Leray BARNES v. Sheriff Robert CROWE, et al. , E.D.La., October 23, 2009 Kelly Leray Barnes, Ferriday, LA, pro se. Lloyd Frederick Schroeder, II, USRY, Weeks & Matthews, New Orleans, LA, for Sheriff Robert Crowe, et al. ORDER AND REASONS SARAH S. VANCE, District Judge. The Court, finding that as of this date neither party has filed any objections to the Magistrate Judge's Report and Recommendations, hereby approves the Report and adopts it as its opinion. Accordingly, Plaintiff's claim related to the March 2009 escape allegations is DISMISSED WITH PREJU... CATCOR SERVICES, INC. v. Leon PLASKETT, et al. , E.D.La., October 23, 2009 ORDER AND REASONS CARL J. BARBIER, District Judge. Before the Court is Defendants Boyson Inc., Leon Plaskett, and Leon's Management Services, LLC's Motion for Judgment as a Matter of Law, New Trial, Reconsideration and/or Amendment (Rec.D.152) and Motion to Stay (Rec.159); Defendant Chiasson Welding Services, Inc's Motion to Alter and/or Amend the Judgement and For a New Trial (Rec.D.150) and Motion to Stay (Rec.D.156); and Plaintiff Catcor Services, Inc.'s Motion to Fix Attorneys' Fees (Rec.... Joshua REDMOND v. POSEIDON PERSONNEL SERVICES, S.A. and Societe D'Exploitation Du Lorelay, S.A. , E.D.La., October 23, 2009 Patrick H. Yancey, Law Office of Patrick H. Yancey, APLC, Houma, LA, Cory D. Itkin, Jason Aron Itkin, Robert P. Wynne, Arnold & Itkin, LLP, Houston, TX, for Joshua Redmond. Scott Allen Soule, Joseph Benedict Marino, III, Chaffe McCall LLP, New Orleans, LA, for Poseidon Personnel Services, S.A. and Societe D'Exploitation Du Lorelay, S.A. ORDER & REASONS ELDON E. FALLON, District Judge. Before the Court is defendant Poseidon Personnel Services, S.A.'s ("Poseidon") Motion to Review Magist... LANDRY ARCHITECTURE, LLC v. VALLEY FORGE INSURANCE CO., et al. , E.D.La., October 23, 2009 Mickey P. Landry, David Ryan Cannella, Frank J. Swarr, Philip C. Hoffman, Landry & Swarr, LLC, New Orleans, LA, for Landry Architecture, LLC. Ben Louis Mayeaux, Charles W. Montz, Jr., James L. Pate, Robert Edwin Torian, Laborde & Neuner, Lafayette, LA, for Valley Forge Insurance Co., et al. ORDER AND REASONS SARAH S. VANCE, District Judge. Before the Court is defendant Valley Forge Insurance Co.'s motion to dismiss, (R. Doc. 4), and motion to file an amended affidavit, (R. Doc. 24). For ... Tyrone JACKSON v. CTB, INC. d/b/a Chore-Time Equipment. , M.D.La., October 23, 2009 Craig Frank Holthaus, John W. Degravelles, Degravelles, Palmintier, Holthaus & Fruge, Baton Rouge, LA, for Tyrone Jackson. RULING ON MOTION FOR NEW TRIAL JAMES J. BRADY, District Judge. Plaintiff, Tyrone Jackson, brings this motion for a new trial under Federal Rule of Civil Procedure 59. (Doc. 156.) Intervenors, Cal-Maine Foods, Inc. and Old Republic Insurance Company, join the motion. (Doc. 155.) Defendant, CTB, Inc., filed an opposition (Doc. 168.) Plaintiff filed a reply. (Doc. 176.) D... Evelyn T. MABILE, et al. v. CANAL INSURANCE COMPANY, et al. , M.D.La., October 23, 2009 Andre' P. Gauthier, Lee J. Amedee, III, Gauthier & Amedee, APLC, Gonzales, LA, for Evelyn T. Mabile, et al. Corinne M. Blache, Brent J. Bourgeois, Terry T. Dunlevy, Roedel, Parsons, Koch, Blache, Balhoff & McCollister, William C. Rowe, Jr., Adras Paul Laborde, III, Rowe Law Firm, Baton Rouge, LA, for Canal Insurance Company, et al. RULING ON MOTIONS JAMES J. BRADY, District Judge. This matter is before the court on plaintiffs' motions to remand and for leave to file first supplemental an... Barry Lacuris RIDEOUT v. Warden Steve RADER. , W.D.La., October 23, 2009 Barry Lacuris Rideout, Jackson, LA, pro se. JUDGMENT TOM STAGG, District Judge. For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, and noting the lack of written objections filed by Petitioner and determining that the findings are correct under the applicable law; IT IS ORDERED that Petitioner's application for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE for failure to exhaust st... Terrence THOMAS, v. Burl CAIN, Warden. , E.D.La., October 23, 2009 Terrence Thomas, Angola, LA, pro se. David Stephen Pipes, Jr., Graham Leaming Bosworth, District Attorney's Office, New Orleans, LA, for Burl Cain, Warden. ORDER SARAH S. VANCE, District Judge. The Court, having reviewed de novo the petition, the record, the applicable law, the Magistrate Judge's Report and Recommendation, and the petitioner's objections thereto, hereby approves the Magistrate Judge's Report and Recommendation and adopts it as its opinion. In petitioner Thomas Cain's obj... Melvin FAUCHEAUX v. Burl CAIN, Warden. , E.D.La., October 23, 2009 Melvin Faucheaux, Angola, LA, pro se. Anne Mary Wallis, District Attorney's Office, Gretna, LA, for Burl Cain. ORDER SARAH S. VANCE, District Judge. The Court, finding that as of this date neither party has filed any objections to the Magistrate Judge's Report and Recommendations, hereby approves the Report and adopts it as its opinion. Accordingly, IT IS ORDERED that Faucheaux's motion to stay is GRANTED and the Clerk of Court should mark this action closed for statistical purposes. ... Ruth CARTER and James Carter v. MATRIX INITIATIVES, INC. and Zicam, LLC. , M.D.La., October 23, 2009 Mark David Boyer, Jerry Leon Denton, Jr., Boyer & Hebert, LLC, Denham Springs, LA, Jonathan Dale Mayeux, Boyer & Hebert, LLC, Breaux Bridge, LA, for Ruth Carter, James Carter. James B. Irwin, V, Kelly G. Juneau, Irwin, Fritchie, Urquhart & Moore, LLC, New Orleans, LA, for Matrix Initiatives, Inc., Zicam, LLC. RULING ON MOTION FOR SUMMARY JUDGMENT JOHN V. PARKER, District Judge. This matter is before the court on a motion by defendants, Matrixx Initiatives, Inc. and Zicam, LLC, for summar... Mary Ellen PASTOR v. Michael ASTRUE Commissioner of the Social Security Administration. , W.D.La., October 23, 2009 Stephen A. Stefanski, Edwards Stefanski & Zaunbrecher, Crowley, LA, for Mary Ellen Pastor. John A. Broadwell, U.S. Attorneys Office, Shreveport, LA, for Michael Astrue. JUDGMENT TUCKER L. MELANON, District Judge. This matter was referred to United States Magistrate Judge Mildred E. Methvin for her Report and Recommendation. After an independent review of the record and the applicable jurisprudence, and noting the absence of objection, this Court concludes that the Findings and Recommenda... Janette MALLETT, Individually and on Behalf of Her Minor Child, Mindy Bernard v. CHARLOTTE RUSSE, INC., et al. , M.D.La., October 23, 2009 Chet G. Boudreaux, John H. Smith, Richard F. Zimmerman, III, McKernan Law Firm, Baton Rouge, LA, for Plaintiff. Travis R. Lebleu, Maricle & Associates, Baton Rouge, LA, for Defendants. RULING ON MOTION TO REMAND JAMES J. BRADY, District Judge. This matter is before the court on a motion to remand by plaintiff, Janette Mallett, individually and on behalf of her minor child, Mindy Bernard (doc. 4). Defendant, Charlotte Russe, Inc., opposes the motion (doc. 5). 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