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)

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.

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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.

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