Peralta v. Epic Diving & Marine Services, LLC

Filing 29

ORDER denying 17 Motion for Partial Summary Judgment. Signed by Judge Lance M Africk. (car, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

DANILO PERALTA

CIVIL ACTION

VERSUS

No. 10-4322

EPIC DIVING & MARINE SERVICES,
LLC

SECTION “I”

ORDER
Before the Court is a motion1 for partial summary judgment filed by defendant, Epic
Diving & Marine Services, LLC (“Epic Diving”). Plaintiff, Danilo Peralta (“Peralta”), opposes2
Epic Diving’s motion.
Epic Diving argues that it is entitled to partial summary judgment with respect to
maintenance and cure payments regarding Peralta’s alleged knee injury because Peralta’s claim
is barred by the McCorpen defense.3 Epic Diving’s argument largely turns on the contents of
Peralta’s medical records.4 However, none of the medical records from Peralta’s treating
physicians submitted to this Court are authenticated.5 Accordingly, the Court lacks the
competent summary judgment evidence necessary to resolve Epic Diving’s motion and there
remain genuine issues of material fact. See, e.g., Frazier v. Cinemark USA, Inc., 348 Fed. App’x
6, 8 (5th Cir. 2009); King v. Dogan, 31 F.3d 344, 346 (5th Cir. 1994) (“Unauthenticated
documents are improper as summary judgment evidence.”).
1

R. Doc. No. 17.
R. Doc. No. 19.
3
R. Doc. No. 17, p. 1. See McCorpen v. Central Gulf Steamship Corp., 396 F.2d 547 (5th Cir. 1968).
4
R. Doc. No. 26, pp. 6-8.
5
The affidavit provided by Sharon B. Estopinal only authenticates Peralta’s General Physical Form completed May
13, 2010, at West Jefferson Industrial Medicine, LLC. R. Doc. No. 17-5, p. 5.
2

Accordingly,
IT IS ORDERED that Epic Diving’s partial motion for summary judgment is DENIED.

29th
New Orleans, Louisiana, August _____, 2011.
__________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

2