Martin v. State Farm Fire and Casualty Insurance Company, No. 2:2009cv00432 - Document 16 (E.D. La. 2009)
Court Description: ORDER & REASONS denying 13 Motion to Dismiss or alternatively 13 Motion for Summary Judgment Based on Res Judicata. Signed by Judge Jay C. Zainey on 11/20/09. (gbw, )
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Martin v. State Farm Fire and Casualty Insurance Company Doc. 16 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SANDRA MARTIN CIVIL ACTION VERSUS NO: 09-432 STATE FARM FIRE & CASUALTY CO., ET AL. SECTION: "A" (3) ORDER AND REASONS Before the Court is a Motion to Dismiss or Alternatively Motion for Summary Judgment Based on Res Judicata (Rec. Doc. 13) filed by defendant State Farm Fire & Casualty Co. Sandra Martin opposes the motion. Plaintiff The motion, set for hearing on November 11, 2009, is before the Court on the briefs without oral argument. Plaintiff’s claim against State Farm was originally part of a mass joinder suit filed against State Farm by the Hurricane Legal Center in CA07-4457, Aguda v. State Farm Fire & Cas. Co. A series of procedural developments led to the severance of the mass action into individual suits. Pursuant to an order issued by Magistrate Judge Wilkinson, Plaintiff filed an amended complaint on January 28, 2009, and the case was allotted to this Section. Plaintiff’s claims pertain to damage sustained at 6841 Morrison Road. State Farm now moves to dismiss the amended complaint with 1 Dockets.Justia.com prejudice on grounds of res judicata contending that Plaintiff’s claims have already been adjudicated unfavorably on the merits as part of a ruling by Judge Duval in CA07-5205, Abram v. State Farm Fire & Cas. Co. In opposition, Plaintiff contends that the claims in Abram were on behalf of “Jonathan and Sandra Martin,” parties with whom she has no connection. Additionally, the claims on behalf of “Jonathan and Sandra Martin” were for damages sustained at 3132 New Orleans Street. Plaintiff’s contentions are uncontroverted. State Farm, as mover, bears the burden of establishing that res judicata applies thereby mandating dismissal. The submissions before the Court do not support a finding of res judicata vis à vis Plaintiff’s claims in this action. Accordingly, and for the foregoing reasons; IT IS ORDERED that the Motion to Dismiss or Alternatively Motion for Summary Judgment Based on Res Judicata (Rec. Doc. 13) filed by defendant State Farm Fire & Casualty Co. is DENIED. November 20, 2009 JAY C. ZAINEY UNITED STATES DISTRICT JUDGE 2
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