Castille et al v. Apache Deepwater L L C et al

Filing 256

JUDGMENT. IT IS ORDERED that by 9/5/2017, the parties are to schedule a Settlement Conference with Magistrate Judge Patrick J. Hanna at Judge Hanna's earliest convenience. IT IS FURTHER ORDERED that the parties are to contact this Court in the event this matter does not settle, at which time the Court will reschedule the trial of this matter. Judgment Signed by Magistrate Judge Carol B Whitehurst on 8/30/2017. (crt,Chicola, C)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
Castille et al
versus

Civil Action No. 6:12-02892
Magistrate Judge Carol B. Whitehurst

Apache Deepwater LLC et al

By Consent of the Parties

JUDGMENT
The trial of this matter was conducted before a jury on August 21, 22, 23 and
24, 2017. On August 24, 2017, during the Plaintiff’s case–in–chief and on crossexamination of Plaintiff’s vocational rehabilitation expert, counsel for Defendant
placed a copy of a photograph—which he represented without any foundation, was
an entry from Plaintiff’s Facebook page—on the projector screen before the jury. The
document was not an exhibit and had not been shown to Plaintiff’s counsel or the
Court. At side bar, outside of the presence of the jury, counsel for the Plaintiff moved
for a mistrial based on wrongful introduction of evidence and the prejudicial effect
of the document. For the oral reasons provided on the record, the Court granted
Plaintiff’s motion for mistrial, specifically finding that the document had a highly
prejudicial effect on Plaintiff’s case and that a cautionary instruction would be
ineffective to cure the prejudice. The Court ordered that counsel for Defendant be
present in Court that afternoon to show cause why he should not be sanctioned with

the costs of trial. The parties agreed that they would first attempt to settle this matter,
including any sanctions against the Defendant, as soon as possible. Accordingly,
IT IS ORDERED that by September 5, 2017, the parties are to schedule a
Settlement Conference with Magistrate Judge Patrick J. Hanna at Judge Hanna’s
earliest convenience.
IT IS FURTHER ORDERED that the parties are to contact this Court in the
event this matter does not settle, at which time the Court will reschedule the trial of
this matter.
JUDGMENT SIGNED this 30th day of August, 2017 at Lafayette, Louisiana.