Francois et al v. Gretna City et al

Filing 79

ORDER AND REASONS denying 75 Motion for Final Judgment and Ruling or Decision or Order. Signed by Judge Helen G. Berrigan on 04/16/2015. (kac)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
OBADIAH FRANCOIS, ET AL

CIVIL ACTION

VERSUS

NO. 13-2640

CITY OF GRETNA, ET AL

SECTION: “C” (3)
ORDER & REASONS

Before this Court is Plaintiffs Obadiah and Matthias Francois' ("Plaintiffs") second Motion
for Final Judgment and Ruling or Decision or Order. (Rec. Doc. 75). Defendant City of Gretna has
filed an Opposition. (Rec. Doc. 78). Plaintiffs' first Motion for Final Judgment (Rec. Doc. 55) was
denied as moot by this Court on February 25, 2015. (Rec. Doc. 68). Having considered the
memoranda of both parties and counsel, the record, and the applicable law, the Court finds that the
Motion for Final Judgment and Ruling or Decision or Order (Rec. Doc. 75) is DENIED.
This Court's recent Order denying Plaintiffs' Motion for Summary Judgment contains a
complete recitation of the facts of this matter. (Rec. Doc. 76). By way of reference, those facts
are incorporated herein.
Plaintiffs' Motion for Final Judgment and Ruling or Decision or Order is a motion for this
Court to issue a decision regarding Plaintiff's claims. (Rec. Doc. 75). Specifically, Plaintiffs are
requesting that this Court "make a ruling based of [sic] all the current facts and legal information

that's in this courts [sic] possession, record." Id. at 3. The motion makes reference to the Defendant
City of Gretna's Motion to Dismiss "Gretna Police" (Rec. Doc. 59)1 and alleges that this Court has
not made a ruling on that Motion. Rec. Doc. 75 at 2. However, this Court did issue an Order granting
Defendant's Motion to Dismiss "Gretna Police" in the same order that denied Plaintiffs' first Motion
for Final Judgment. Rec. Doc. 68. Additionally, Defendant City of Gretna has filed an answer and
denied Plaintiffs' allegations. Rec. Doc. 60.
Plaintiffs allege that they have "establish[ed] through the filing of various motions[] and in
their initial complaint that they are indeed entitled to the relief sought." Rec. Doc. 75 at 1.
However, Plaintiffs have not provided the Court with any evidence to support the allegations and
claims in their petition nor in support of their Motion for Final Judgment. Plaintiffs have previously
submitted paperwork from their arrest and state criminal prosecutions. Rec. Doc. 4 at 22-43. These
documents do not prove that a civil rights violation or illegal search and seizure occurred. Without
proof or evidence from the Plaintiffs regarding their claims, their Motion for Final Judgment must
be denied.

1

Plaintiffs' Motion alleges that Defendant's Motion to Dismiss involved dismissing the
complaint against both Defendant City of Gretna and "Gretna Police". Rec. Doc. 75 at 1.
However, the Motion actually involved dismissing the claims against "Gretna Police" only. Rec.
Doc. 59.
2

For the reasons set forth above,
IT IS ORDERED that Plaintiffs' Motion for Final Judgment and Ruling or Decision or
Order is DENIED.
New Orleans, Louisiana, this 16th day of April, 2015

________________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE

3