Cockerham v. Parish of Ascension et al, No. 3:2010cv00227 - Document 136 (M.D. La. 2012)

Court Description: OPINION: The Court finds that the motion for summary judgment by the Parish of Ascension, Parish President Tommy Martinez, Nurse Michelle Gaudin, and Nurse Rhonda Shear is granted, dismissing pltff's claims asserted against these dfts, with prejudice. Also, pltf's action is dismissed. Judgment shall be entered accordingly.. Signed by Judge Frank J. Polozola on 5/29/2012. (CMM)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA RAYMOND JOSEPH COCKERHAM, JR. (#58005) CIVIL ACTION VERSUS NO. 10-227-FJP-DLD PARISH OF ASCENSION, ET AL O P I N I O N After independently reviewing the entire record in this case and for reasons set forth in the Magistrate Judge's Report1 to which no objection was filed: The Court finds that the motion for summary judgment2 by the Parish of Ascension, Parish President Tommy Martinez, Nurse Michelle Gaudin, and Nurse Rhonda Shear is granted, dismissing plaintiff's prejudice. claims asserted against these defendants,3 with Also, plaintiff's action is dismissed. 1 Rec. Doc. No. 135. 2 Rec. Doc. No. 133. 3 As the Magistrate Judge noted, although the plaintiff originally named unidentified insurers as defendants in this proceeding, these "unknown insurer[s]" have never been more specifically identified and have never been served with process herein. Accordingly, the Court does not view these insurers to be parties to this proceeding or to be properly before the Court. In any event, these insurers would be subject to dismissal in light of the Court's conclusion that the respective insureds have no liability to the plaintiff for the events complained of herein. Doc#47872 Judgment shall be entered accordingly. Baton Rouge, Louisiana, May 29, 2012. S FRANK J. POLOZOLA MIDDLE DISTRICT OF LOUISIANA Doc#47872

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