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15-1712 - Derischebourg v. Clark et al


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15-1712 - Derischebourg v. Clark et al
January 8, 2016
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ORDER AND REASONS: ORDERED that Clark's 22 motion to dismiss is GRANTED with respect to plaintiff's 1981 and 1985 claims and plaintiff's official-capacity claim against Clark, which claims are DISMISSED WITHOUT PREJUDICE. FURTHER ORDERED that Clark's 22 motion is DENIED in all other respects. FURTHER ORDERED that plaintiff's 31 motion for leave to amend the complaint is GRANTED. Plaintiff shall file an amended complaint on or before 1/13/2016. Signed by Judge Lance M Africk on 1/8/2016. (blg)
February 23, 2017
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ORDER AND REASONS - IT IS ORDERED that plaintiff's 166 motion to file a third amended complaint is DENIED. The Constable and Cantrelle are deemed to have conclusively admitted that Cantrelle is an employee of the Constable. Neither defendant will be permitted to withdraw that admission. IT IS FURTHER ORDERED that plaintiff's 169 motion to take the deposition of the Reserve Deputy Constable's Association is GRANTED. Plaintiff may take the deposition within fourteen days of this order. The parties should notify the Court via telephone no later than March 2, 2017 if they cannot amicably schedule the deposition. Signed by Judge Lance M Africk. (bwn)
March 24, 2017
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ORDER AND REASONS - IT IS ORDERED that Chris Clark Jr.'s 135 motion for summary judgment is DENIED. IT IS FURTHER ORDERED that the Board of Commissioners of the Port of New Orleans's summary judgment 134 motion is GRANTED IN PART. Derischebourg's Section 1983 claim against the Port is DISMISSED WITH PREJUDICE. The remainder of the Port's summary judgment motion is DENIED. IT IS FURTHER ORDERED that Lexington Insurance Company's 130 motion for summary judgment is GRANTED and that all claims against Lexington are DISMISSED WITH PREJUDICE. Signed by Judge Lance M Africk on 3/22/2017. (bwn)