Hensley v. Zeigler
Filing
85
ORDER ADOPTING REPORT AND RECOMMENDATIONS 73 . ORDERED that defendants are precluded from entering into evidence at the trial in this matter any documents and/or testimony that was not produced and/or not disclosed during the discovery process. FU RTHER ORDERED that should plaintiff offer evidence to prove the existence of a contract between plaintiff and Ms. Zeigler, defendants are prohibited from offering evidence that contradicts the existence of a contract or the terms of the contract as they are presented by plaintiff. Ms. Zeigler, however, is permitted to cross examine plaintiffs witnesses regarding the existence and/or terms of the contract. Signed by Judge Lance M Africk on 01/27/2025.(ko)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
WILLIE HENSLEY
CIVIL ACTION
VERSUS
No. 23-2066
YOLANDA DUPATY ZEIGLER
SECTION I
ORDER
On December 17, 2024, the United States Magistrate Judge (the “Magistrate
Judge”) provided a Report and Recommendation 1 in response to an order 2 that
defendants Yolanda Dupaty-Zeigler (“Ms. Zeigler”) and GAVCAM Enterprises, LLC
(collectively, “defendants”) show cause why the Magistrate Judge should not
recommend striking defendants’ affirmative defenses and/or recommend that the
Court render a default judgment against defendants pursuant to Federal Rule of Civil
Procedure 37(b)(2)(A)(iii) – (iv). The Court, after considering the record, the applicable
law, the Magistrate Judge’s Report and Recommendation, and finding that as of this
date the parties have filed no objections to the Magistrate Judge’s Report and
Recommendation,
hereby
approves
the
Magistrate
Judge’s
Report
and
Recommendation as amended herein and adopts it as its opinion.
IT IS ORDERED that defendants are precluded from entering into evidence
at the trial in this matter any documents and/or testimony that was not produced
and/or not disclosed during the discovery process.
1 R. Doc. No. 73.
2 R. Doc. No. 62.
IT IS FURTHER ORDERED that should plaintiff Willie Hensley (“plaintiff”)
offer evidence to prove the existence of a contract between plaintiff and Ms. Zeigler,
defendants are prohibited from offering evidence that contradicts the existence of a
contract or the terms of the contract as they are presented by plaintiff. Ms. Zeigler,
however, is permitted to cross examine plaintiff’s witnesses regarding the existence
and/or terms of the contract.
New Orleans, Louisiana, January 27, 2025.
_______________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE
2
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