Stovall v. Gusman et al

Filing 35

ORDER & REASONS denying dfts' 31 Motion for Summary Judgment. Signed by Magistrate Judge Karen Wells Roby on 6/1/2011. (rll, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
THADDEUS ANTHONY STOVALL

CIVIL ACTION

VERSUS

NO. 10-1098

MARLIN GUSMAN, ET AL.

UNITED STATES MAGISTRATE
JUDGE KAREN WELLS ROBY

ORDER AND REASONS
Before the Court is a Motion for Summary Judgment (R. Doc. 31) filed by the Defendants,
Marlin N. Gusman, the Criminal Sheriff of Orleans Parish1, and Deputy Ohlmeyer. The Defendants
seek summary judgment on the Plaintiff’s 42 U.S.C. § 1983 claims alleging failure to protect. The
Plaintiff, Thaddeus Anthony Stovall (“Stovall”) has not filed an opposition. This matter is before
the undersigned United States Magistrate Judge upon consent of the parties pursuant to Title 28
U.S.C. § 636(c).2
On January 4, 2011, the undersigned held a Scheduling Conference with the parties.
Subsequently, it issued a Scheduling Order which required that “[a]ll pretrial motions, including
motions in limine regarding the admissibility of expert testimony, shall be filed in time to be heard

1

The Court notes that on September 10, 2010, the undersigned issued a Partial Report and Recommendation
which recommended that the claims against the Orleans Parish Criminal Sheriff’s Office be dismissed. (R. Doc. 16.)
Judge Berrigan, who was the presiding Judge at the time, adopted the Partial Report and Recommendation. (R. Doc.
17.) Therefore, the Criminal Sheriff of Orleans Parish is no longer a Defendant in the above captioned matter.
2

R. Doc. 26.

on May 11, 2011. Any motions filed in violation of this order shall be deemed waived unless good
cause is shown.”3
The Defendants did not file the subject motion until May 18, 2011. Further, the Defendants
did not notice the motion for hearing until June 22, 2011, merely five (5) days before trial on this
matter is set to commence. The Defendants did not provide the Court with any reason for their
failure to timely file the subject motion. Therefore, the instant motion was filed in contravention
of this Court’s Scheduling Order.
Accordingly,
IT IS ORDERED that Marlin N. Gusman’s, the Criminal Sheriff of Orleans Parish, and
Deputy Ohlmeyer’s Motion for Summary Judgment (R. Doc. 31) is hereby DENIED.
New Orleans, Louisiana, this 1st day of June, 2011.

____________________________________
KAREN WELLS ROBY
UNITED STATES MAGISTRATE JUDGE

3

R. Doc. 25, p. 1.
2