Livermore et al v. Arnold et al

Filing 69

ORDER: Although there are pending motions for summary judgment filed herein, the Court questions whether the Middle District of Louisiana is the proper venue for this action since most if not all of the alleged acts occurred in Independence, Louisiana. Therefore, IT IS ORDERED that on or before 2/10/2012, the parties shall set forth as stated herein.. Signed by Judge Frank J. Polozola on 2/1/2012. (CMM) Modified on 2/1/2012 to edit text. (CMM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

FRANK LIVERMORE, ET AL
CIVIL ACTION
VERSUS
NUMBER 10-507-FJP-CN
JOEL ARNOLD, ET AL

ORDER
Although there are pending motions for summary judgment
filed herein, the Court questions whether the Middle District of
Louisiana is the proper venue for this action since most if not
all of the alleged acts occurred in Independence, Louisiana.
Therefore,
IT IS ORDERED that on or before February 10, 2012, the
parties shall set forth:
(1)

The parish in which the property involved herein is
located.

(2)

If the property was located in Independence, Louisiana,
what authority did the Sheriff and Deputies from
Livingston Parish have to be involved in this matter?

(3)

The name of the parish where most of the witnesses
live.

(4)

The location of the parish were most exhibits are
located.

(5)

Why the Middle District of Louisiana is the Court of
the proper and most convenient venue.

IT IS FURTHER ORDERED that the parties shall set forth the

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specific federal claims asserted herein.
IT IS FURTHER ORDERED that the parties shall assert the
specific state law claims involved herein.
IT IS FURTHER ORDERED that the parties shall set forth the
specific statute(s) conferring federal subject matter
jurisdiction herein.
IT IS FURTHER ORDERED that since the defendants have
asserted qualified immunity as a defense herein, have the
plaintiffs filed a reply as required by the Fifth Circuit in
Schultea v. Wood, 47 F.3d 1427 (5th Cir. 1995)?
IT IS FURTHER ORDERED that if state law claims are involved
in this case, why the Court should exercise its discretion under
28 U.S.C. § 1367 to hear these claims.
Baton Rouge, Louisiana, February 1, 2012.

S
FRANK J. POLOZOLA

MIDDLE DISTRICT OF LOUISIANA

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