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No. 539 RULING denying in part 504 Motion for Attorney Fees, Expenses and Costs with respect to attorney's ...

Document Camsoft Data Systems, Inc. v. Southern Electronics Supply, Inc. et al, 3:09-cv-01047, No. 539 (M.D.La. Feb. 5, 2015)
Motion for Attorney FeesDenied
While its appeals were pending, Camsoft filed an amended complaint asserting claims under several federal statutes.
Those remaining defendants are: Southern Electronics Supply, Inc., Active Solutions LLC, Brian Fitzpatrick, Henry J. Burkhardt, Ignace A. Perrin III, CIBER, Inc., Dell Inc., Dell Marking, L.P., Steve Renecker, Bill Ridge, Heather Smith, and Mark Kurt.
Courts consider the objective “merits of the defendant’s case at time of removal” when determining whether to award attorneys’ fees, not subjective bad faith.
The Court may award attorneys’ fees only when “the removing party lacked an objectively reasonable basis for seeking removal.” Martin v. Franklin Capital Corp., 546 U.S. 132, 141 (2005).
Courts have also rejected attorneys’ fees when plaintiff’s “conduct after removal plays a substantial role in causing the case to remain in federal court.” Avitts v. Amoco Production Co., 111 F.3d 30, 32 (5th Cir. 1997).
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No. 21299 LEVEE, MRGO: ORDER AND REASONS: ORDERED that Defendant United States' Motion to Dismiss or, ...

Document In Re: Katrina Canal Breaches Litigation, 2:05-cv-04182, No. 21299 (W.D.La. Dec. 3, 2014)
Motion to Dismiss (Demurrer)Granted
On December 20, 2013, the court granted the United States' Motion to Dismiss or, alternatively for Summary Judgment in all cases that were then pending against the United States in Section K. (See Doc. 21242).
However, because of the on-going LEVEE settlement arising out of the proceeds of certain insurance policies held by various levee districts, a number of cases in which the United States was a defendant had been transferred to Judge Ivan Lemelle, Section "B", and had been consolidated there for purposes of the LEVEE settlement.
The above-referenced cases were transferred to this section and the United States now seeks a Rule 54(b) judgment as to all of these cases for the same reasons previously assigned in that December 20, 2013 order.
For the reasons previously assigned therein and noting that there is no opposition filed to this motion, IT IS ORDERED that Defendant United States' Motion to Dismiss or, Alternatively for Summary Judgment, and Entry of Rule 54(b) Judgment (Doc. No. 21298) is GRANTED and finding no just cause for delay, pursuant to Fed. R. Civ.
IT IS FURTHER ORDERED that after judgment has been entered, these cases are TRANSFERRED to Section "B" for consolidation with Jared Vodanovich v. Boh Brothers Construction Co., LLC, et al., C.A.
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Berenson et al v. United States of America et al

Docket 2:07-cv-05365, Louisiana Eastern District Court (Sept. 4, 2007)
Judge Stanwood R. Duval, Jr, presiding, Magistrate Judge Joseph C. Wilkinson, Jr
Torts to Land
DivisionNew Orleans
FlagsCLOSED, CONSOL, STAYED
Cause28:2671 Federal Tort Claims Act
Case Type240 Torts to Land
Tags240 Tort to Land, Tort, Civil, 240 Tort to Land, Tort, Civil
Berenson
United States of America
Plaintiff Joan Berenson
...
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Cambridge Realty West, L.L.C. et al v. United States of America et al

Docket 2:07-cv-05340, Louisiana Eastern District Court (Sept. 4, 2007)
Judge Stanwood R. Duval, Jr, presiding, Magistrate Judge Joseph C. Wilkinson, Jr
Torts to Land
DivisionNew Orleans
FlagsCLOSED, CONSOL, STAYED
Cause28:2671 Federal Tort Claims Act
Case Type240 Torts to Land
Tags240 Tort to Land, Tort, Civil, 240 Tort to Land, Tort, Civil
Cambridge Realty West, L.L.C.
United States of America
Plaintiff Cambridge Realty West, L.L.C.
...
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No. 41 ORDER AND REASONS granting MOTION for Entry of Rule 54(b) Judgments in favor of Washington ...

Document Bradley et al v. Pittman Construction Co., Inc et al, 2:06-cv-00225, No. 41 (W.D.La. Sep. 17, 2014)
Before the Court is a Motion for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc. (“WGI”) (Doc. No. 21285).
Lemelle, the claims in those transferred suits against WGI were not adjudicated.
As a result, those cases (which are captioned above) were transferred back to this section for final disposition.
1169584v.1 The instant motion seeking the entry of a Rule 54(b) judgment was filed, no opposition has been lodged thereto, and for all of the reasons stated in the Court’s Order and Reasons of December 20, 2013 (Doc. 21245), the Court finds merit in this motion and finding no just cause for delay pursuant to Fed. R. Civ.
P. 54(b), IT IS ORDERED that the Motion for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc. is GRANTED and judgment shall be entered in favor of Washington Group International, Inc. and against all plaintiffs in the enumerated cases with each party to bear its/his/her costs.
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No. 29 ORDER AND REASONS granting MOTION for Entry of Rule 54(b) Judgments in favor of Washington ...

Document Fleming et al v. United States of America et al, 2:06-cv-05159, No. 29 (W.D.La. Sep. 17, 2014)
Before the Court is a Motion for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc. (“WGI”) (Doc. No. 21285).
Lemelle, the claims in those transferred suits against WGI were not adjudicated.
As a result, those cases (which are captioned above) were transferred back to this section for final disposition.
1169584v.1 The instant motion seeking the entry of a Rule 54(b) judgment was filed, no opposition has been lodged thereto, and for all of the reasons stated in the Court’s Order and Reasons of December 20, 2013 (Doc. 21245), the Court finds merit in this motion and finding no just cause for delay pursuant to Fed. R. Civ.
P. 54(b), IT IS ORDERED that the Motion for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc. is GRANTED and judgment shall be entered in favor of Washington Group International, Inc. and against all plaintiffs in the enumerated cases with each party to bear its/his/her costs.
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No. 74 ORDER AND REASONS granting MOTION for Entry of Rule 54(b) Judgments in favor of Washington ...

Document LeBlanc et al v. Boh Bros. Construction Co., LLC et al, 2:05-cv-06327, No. 74 (W.D.La. Sep. 17, 2014)
Before the Court is a Motion for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc. (“WGI”) (Doc. No. 21285).
Lemelle, the claims in those transferred suits against WGI were not adjudicated.
As a result, those cases (which are captioned above) were transferred back to this section for final disposition.
1169584v.1 The instant motion seeking the entry of a Rule 54(b) judgment was filed, no opposition has been lodged thereto, and for all of the reasons stated in the Court’s Order and Reasons of December 20, 2013 (Doc. 21245), the Court finds merit in this motion and finding no just cause for delay pursuant to Fed. R. Civ.
P. 54(b), IT IS ORDERED that the Motion for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc. is GRANTED and judgment shall be entered in favor of Washington Group International, Inc. and against all plaintiffs in the enumerated cases with each party to bear its/his/her costs.
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No. 30 ORDER AND REASONS granting MOTION for Entry of Rule 54(b) Judgments in favor of Washington ...

Document Adams et al v. Boh Bros. Construction Company, L.L.C. et al, 2:06-cv-04065, No. 30 (W.D.La. Sep. 17, 2014)
Before the Court is a Motion for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc. (“WGI”) (Doc. No. 21285).
Lemelle, the claims in those transferred suits against WGI were not adjudicated.
As a result, those cases (which are captioned above) were transferred back to this section for final disposition.
1169584v.1 The instant motion seeking the entry of a Rule 54(b) judgment was filed, no opposition has been lodged thereto, and for all of the reasons stated in the Court’s Order and Reasons of December 20, 2013 (Doc. 21245), the Court finds merit in this motion and finding no just cause for delay pursuant to Fed. R. Civ.
P. 54(b), IT IS ORDERED that the Motion for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc. is GRANTED and judgment shall be entered in favor of Washington Group International, Inc. and against all plaintiffs in the enumerated cases with each party to bear its/his/her costs.
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No. 27 ORDER AND REASONS granting MOTION for Entry of Rule 54(b) Judgments in favor of Washington ...

Document Adams et al v. Boh Brothers Construction Co., LLC et al, 2:06-cv-04634, No. 27 (W.D.La. Sep. 17, 2014)
Before the Court is a Motion for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc. (“WGI”) (Doc. No. 21285).
Lemelle, the claims in those transferred suits against WGI were not adjudicated.
As a result, those cases (which are captioned above) were transferred back to this section for final disposition.
1169584v.1 The instant motion seeking the entry of a Rule 54(b) judgment was filed, no opposition has been lodged thereto, and for all of the reasons stated in the Court’s Order and Reasons of December 20, 2013 (Doc. 21245), the Court finds merit in this motion and finding no just cause for delay pursuant to Fed. R. Civ.
P. 54(b), IT IS ORDERED that the Motion for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc. is GRANTED and judgment shall be entered in favor of Washington Group International, Inc. and against all plaintiffs in the enumerated cases with each party to bear its/his/her costs.
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No. 88 ORDER AND REASONS granting MOTION for Entry of Rule 54(b) Judgments in favor of Washington ...

Document Kirsch et al v. Boh Brothers Construction Co. et al, 2:05-cv-06073, No. 88 (W.D.La. Sep. 17, 2014)
Before the Court is a Motion for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc. (“WGI”) (Doc. No. 21285).
Lemelle, the claims in those transferred suits against WGI were not adjudicated.
As a result, those cases (which are captioned above) were transferred back to this section for final disposition.
1169584v.1 The instant motion seeking the entry of a Rule 54(b) judgment was filed, no opposition has been lodged thereto, and for all of the reasons stated in the Court’s Order and Reasons of December 20, 2013 (Doc. 21245), the Court finds merit in this motion and finding no just cause for delay pursuant to Fed. R. Civ.
P. 54(b), IT IS ORDERED that the Motion for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc. is GRANTED and judgment shall be entered in favor of Washington Group International, Inc. and against all plaintiffs in the enumerated cases with each party to bear its/his/her costs.
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No. 53 ORDER AND REASONS granting MOTION for Entry of Rule 54(b) Judgments in favor of Washington ...

Document Tauzin et al v. Board of Commissioners for the Orleans Parish Levee District et al, 2:06-cv-00020, No. 53 (W.D.La. Sep. 17, 2014)
Before the Court is a Motion for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc. (“WGI”) (Doc. No. 21285).
Lemelle, the claims in those transferred suits against WGI were not adjudicated.
As a result, those cases (which are captioned above) were transferred back to this section for final disposition.
1169584v.1 The instant motion seeking the entry of a Rule 54(b) judgment was filed, no opposition has been lodged thereto, and for all of the reasons stated in the Court’s Order and Reasons of December 20, 2013 (Doc. 21245), the Court finds merit in this motion and finding no just cause for delay pursuant to Fed. R. Civ.
P. 54(b), IT IS ORDERED that the Motion for Entry of Rule 54(b) Judgments in favor of Washington Group International, Inc. is GRANTED and judgment shall be entered in favor of Washington Group International, Inc. and against all plaintiffs in the enumerated cases with each party to bear its/his/her costs.
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Cambridge Realty West, L.L.C. et al v. United States of America et al

Docket 2:07-cv-05004, Louisiana Eastern District Court (Aug. 29, 2007)
Judge Stanwood R. Duval, Jr, presiding, Magistrate Judge Joseph C. Wilkinson, Jr
Torts to Land
DivisionNew Orleans
FlagsCLOSED, CONSOL, STAYED
Cause28:2671 Federal Tort Claims Act
Case Type240 Torts to Land
Tags240 Tort to Land, Tort, Civil, 240 Tort to Land, Tort, Civil
Cambridge Realty West, L.L.C.
United States of America
Plaintiff Cambridge Realty West, L.L.C.
...
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Adams et al v. United States of America et al

Docket 2:07-cv-04391, Louisiana Eastern District Court (Aug. 27, 2007)
Stanwood R. Duval, Jr, presiding, Joseph C. Wilkinson, Jr
Statutory Actions - Other
DemandPlaintiff
Cause28:2671 Federal Tort Claims Act
Case Type890 Statutory Actions - Other
Tags890 Statutory Actions, Other, 890 Statutory Actions, Other
Plaintiff Dawn P. Adams
Defendant United States of America
Defendant Board of Commissioners for the Orleans Parish Levee District
...
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Coco et al v. Board of Commissioners of The Orleans Levee District et al

Docket 2:07-cv-01284, Louisiana Eastern District Court (Mar. 13, 2007)
Judge Stanwood R. Duval, Jr, presiding, Magistrate Judge Joseph C. Wilkinson, Jr
Property Damage - Other
DivisionNew Orleans
FlagsCLOSED, CONSOL
Cause28:2671 Federal Tort Claims Act
Case Type380 Property Damage - Other
Tags380 Property Damage, Other, 380 Property Damage, Other
Coco
Board of Commissioners of the Orleans Levee District
Plaintiff Lucinda Coco
...
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Coniglio et al v. United States of America et al

Docket 2:07-cv-01289, Louisiana Eastern District Court (Mar. 13, 2007)
Judge Stanwood R. Duval, Jr, presiding, Magistrate Judge Joseph C. Wilkinson, Jr
Property Damage - Other
DivisionNew Orleans
FlagsCLOSED, CONSOL
Cause28:2671 Federal Tort Claims Act
Case Type380 Property Damage - Other
Tags380 Property Damage, Other, 380 Property Damage, Other
Coniglio
United States of America
Plaintiff Laurie Coniglio
...
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