Rodock v. Eaves et al

Filing 33

MEMORANDUM RULING re 28 MOTION for Reconsideration re 27 Judgment Adopting Report and Recommendations, Order on Motion to Amend/Correct, Order on Motion for Miscellaneous Relief, Order on Motion for Preliminary Injunction, Order on Motion to Dismiss for Failure to MOTION for Hearing MOTION for Declaratory Decree filed by Pauline Moss Rodock. Signed by Chief Judge S Maurice Hicks, Jr on 1/3/2018. (crt,McDonnell, D)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAKE CHARLES DIVISION PAULINE MOSS RODOCK CIVIL ACTION NO. 17-0825 VERSUS JUDGE S. MAURICE HICKS, JR. C. ANTHONY EAVES, ET AL. MAGISTRATE JUDGE KAY MEMORANDUM RULING Before the Court is Plaintiff Pauline Moss Rodock’s (“Rodock”) “Motion to Amend Judgment and New Trial; Motion to Set Preliminary/Pretrial Hearing; Motion for Declaratory Decree.” Record Document 28. Defendants C. Anthony Eaves (“Eaves”) and the State of Louisiana (collectively “Defendants”) filed a memorandum in opposition. Record Document 31. 1 After consideration of the memoranda in support and in opposition, and with the exception of one issue raised, the Court finds that Rodock has not “clearly establish[ed] either a manifest error of law or fact [nor] present[ed] newly discovered evidence” to prevail on a motion to amend judgment pursuant to Rule 59(e) of the Federal Rules of Civil Procedure. Schiller v. Physicians Resource Group Inc., 342 F.3d 563, 567 (5th Cir. 2003) (quoting Rosenzweig v. Azurix Corp., 332 F.3d 854, 86364 (5th Cir. 2003)). However, Rodock raises the issue that the Court entered Judgment dismissing the claims against the State of Louisiana with prejudice despite the fact that it adopted the Report and Recommendation which recommended dismissal of those claims without prejudice. See Record Documents 17, 26, 27, 28, p. 6. The Court will issue an 1Rodock filed an untimely reply to Defendants’ memorandum in opposition. See Record Documents 29, 31, 32 (providing a December 21, 2017, deadline for Rodock to file a reply). Therefore, the Court does not consider the arguments made therein. 1 Amended Judgment reflecting dismissal of Rodock’s claims against the State of Louisiana without prejudice. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED that Rodock’s Motion to Amend Judgment (Record Document 28) is GRANTED IN PART to the extent that the Court will issue an Amended Judgment to reflect the dismissal of Rodock’s claims against the State of Louisiana without prejudice; and DENIED IN PART in all other respects. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Rodock’s Motion to Set Preliminary/Pretrial Hearing and Motion for Declaratory Decree (Record Document 28) are DENIED AS MOOT. THUS DONE AND SIGNED, in Shreveport, Louisiana, this 3rd day of January, 2018. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?