Cockerham v. Parish of Ascension et al

Filing 136

OPINION: The Court finds that the motion for summary judgment by the Parish of Ascension, Parish President Tommy Martinez, Nurse Michelle Gaudin, and Nurse Rhonda Shear is granted, dismissing pltff's claims asserted against these dfts, with prejudice. Also, pltf's action is dismissed. Judgment shall be entered accordingly.. Signed by Judge Frank J. Polozola on 5/29/2012. (CMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

RAYMOND JOSEPH COCKERHAM, JR. (#58005)
CIVIL ACTION
VERSUS
NO. 10-227-FJP-DLD
PARISH OF ASCENSION, ET AL

O P I N I O N
After independently reviewing the entire record in this case
and for reasons set forth in the Magistrate Judge's Report1 to
which no objection was filed:
The Court finds that the motion for summary judgment2 by the
Parish

of

Ascension,

Parish

President

Tommy

Martinez,

Nurse

Michelle Gaudin, and Nurse Rhonda Shear is granted, dismissing
plaintiff's
prejudice.

claims

asserted

against

these

defendants,3

with

Also, plaintiff's action is dismissed.

1

Rec. Doc. No. 135.

2

Rec. Doc. No. 133.

3

As the Magistrate Judge noted, although the plaintiff
originally named unidentified insurers as defendants in this
proceeding, these "unknown insurer[s]" have never been more
specifically identified and have never been served with process
herein. Accordingly, the Court does not view these insurers to be
parties to this proceeding or to be properly before the Court. In
any event, these insurers would be subject to dismissal in light of
the Court's conclusion that the respective insureds have no
liability to the plaintiff for the events complained of herein.
Doc#47872

Judgment shall be entered accordingly.
Baton Rouge, Louisiana, May 29, 2012.

S
FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

Doc#47872