Jones v. Steel Fabricators of Monroe L L C

Filing 39

JUDGMENT adopting Report and Recommendations re 22 Motion to Dismiss; ORDER denying 22 Motion to Dismiss; denying 36 Notice of Voluntary Dismissal filed by Lavon Jones, Jr construed as a Motion to Voluntarily Dismiss; denying 37 Response to Notice of Voluntary Dismissal filed by Steel Fabricators of Monroe L L C construed as a Motion to Dismiss with prejudice; and GRANTING 37 Response to Notice of Voluntary Dismissal filed by Steel Fabricators of Monroe L L C construed as a Motion to Order Plaintiff to Appear at Deposition. Signed by Judge Robert G James on 10/14/2015.(crt,Yocum, M)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION LAVON JONES, JR. CIVIL ACTION NO. 14-3175 VERSUS JUDGE ROBERT G. JAMES STEEL FABRICATORS OF MONROE, LLC. MAG. JUDGE KAREN L. HAYES JUDGMENT For the reasons set forth in this Court’s Ruling, and for those additional reasons set forth in the Magistrate Judge’s Memorandum Order [Doc. No. 34] and Report and Recommendation [Doc. No. 35], which this Court finds correct under the law, IT IS ORDERED that Defendant Steel Fabricators of Monroe, LLC’s (“Steel Fabricators”) motion to dismiss, contained within its “Motion to Dismiss/Alternatively, Motion to Compel Deposition & Motion for Attorneys’ Fees and Costs” [Doc. No. 22] is DENIED. IT IS FURTHER ORDERED that Plaintiff Lavon Jones, Jr.’s (“Jones”) motion to dismiss [Doc. No. 36] is also DENIED. IT IS FURTHER ORDERED that Steel Fabricators’ motion to dismiss this lawsuit with prejudice, contained in its response to Jones’ motion to dismiss [Doc. No. 37] is DENIED. IT IS FURTHER ORDERED that Steel Fabricators’ alternative motion to order Jones to attend his October 15, 2015 deposition, contained in Steel Fabricators’ response [Doc. No. 37] is GRANTED. Jones has already been ordered by the Magistrate Judge to attend the deposition and to answer the questions in good faith, see [Doc. No. 34], but the Court reiterates that order. If Jones fails to attend his deposition and to answer questions in good faith, he risks dismissal of his lawsuit with prejudice. MONROE, LOUISIANA, this 14th day of October, 2015. 2

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