Brauner v. Coody et al

Filing 113

RULING re 102 Report and Recommendation of the U.S. Magistrate Judge; ORDERED that defendants' 70 motion for summary judgment is DENIED. FURTHER ORDERED that plaintiff's 72 cross motion for summary judgment is DENIED. FURTHER ORDERED that plaintiff's 77 and 81 motions for a preliminary injunction and/or restraining order and plaintiff's 78 and 82 motions to dispense with the requirement of security are DENIED. Signed by Judge Lance M. Africk on 5/29/2014. (BLG) Modified on 5/29/2014 (BLG).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
FRANCIS BRAUNER

CIVIL ACTION

VERSUS

No. 12-314

SHIRLEY COODY ET AL.

SECTION I

ORDER
Having considered plaintiff’s objection1 to the Partial Report and Recommendation2 of the
U.S. Magistrate Judge, the Court concludes that genuine issues of material fact preclude a grant of
summary judgment in favor of defendants.
Plaintiff’s objection does not undermine, however, the Partial Report and Recommendation
with respect to plaintiff’s remaining motions,3 especially insofar as plaintiff’s trial date is less than
two months away.
Accordingly,
IT IS ORDERED that defendants’ motion4 for summary judgment is DENIED.
IT IS FURTHER ORDERED that plaintiff’s cross motion5 for summary judgment is
DENIED.

1

R. Doc. No. 107.

2

R. Doc. No. 102.

3

R. Doc. No. 72; R. Doc. No. 77; R. Doc. No. 78; R. Doc. No. 81; R. Doc. No. 82.

4

R. Doc. No. 70.

5

R. Doc. No. 72.

IT IS FURTHER ORDERED that plaintiff’s motions6 for a preliminary injunction and/or
restraining order and plaintiff’s motions7 to dispense with the requirement of security are DENIED.

New Orleans, Louisiana, May 29, 2014.

________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

6

R. Doc. No. 77; R. Doc. No. 81.

7

R. Doc. No. 78; R. Doc. No. 82.