Poullard v. Hebert, No. 3:2022cv00430 - Document 51 (M.D. La. 2023)
Court Description: OPINION adopting the 48 Report and Recommendations of the Magistrate Judge. The 13 Motion to Set Aside Default is GRANTED. The 38 Motion for Sanctions Against Attorney Matthew Roth on False Answer Denial to Plaintiff Lawsuit Misrepresenting i n Violation of FRCP 11, 39 Motion Alternative Plaintiff Propose to Settle the Default of Total Two Million Dollars. 40 Motion for Default Judgment, 41 Motion for Sanctions Against Attorney Matthew Roth, and 45 Motion for Writ of Mandamus to U nited States Magistrate Judge Erin Wilder-Doomes Against Michael L. McConnell Clerk of Court are DENIED. The Court notes that the Motions related to default judgment are mooted by the adoption of the report and recommendation, setting aside the clerks entry of default and that Poullard has not shown a basis for sanctions against defense counsel at this time. Signed by Judge John W. deGravelles on 6/27/2023. (LLH)
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Poullard v. Hebert Doc. 51 Case 3:22-cv-00430-JWD-EWD Document 51 06/27/23 Page 1 of 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JOHN POULLARD (#98999) CIVIL ACTION NO. VERSUS 22-430-JWD-EWD LT. GABRIEL HEBERT, ET AL. OPINION After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated June 6, 2023 (Doc. 48), to which an objection and a supplemental objection (Docs. 49 and 50) were filed and considered, IT IS ORDERED that the Motion to Set Aside Default, (Doc. 31) filed by Defendants, is GRANTED, as all factors to be considered weigh in favor of setting aside the May 12, 2023, Order granting the Motion for Entry of Default (Doc. 29). IT IS FURTHER ORDERED that the Motion for Sanctions Against Attorney Matthew Roth for Violations of FRCP 11, (Doc. 33) Supplemental Motion for Sanctions Against Attorney Matthew Roth on False Answer Denial to Plaintiff Lawsuit Misrepresenting in Violation of FRCP 11, (Doc. 38) Motion Alternative Plaintiff Propose to Settle the Default of Total Two Million Dollars, (Doc. 39) Motion for Default Judgment, (Doc. 40) Motion for Sanctions Against Attorney Matthew Roth, (Doc. 41) and Motion for Writ of Mandamus to United States Magistrate Judge Erin Wilder-Doomes Against Michael L. McConnell Clerk of Court, (Doc. 45) filed by Plaintiff John Poullard, are DENIED. The Court notes that the Motions related to default judgment are mooted by the adoption of the report and recommendation, setting aside the clerkâs entry of default and that Poullard has not shown a basis for sanctions against defense counsel at this time. Signed in Baton Rouge, Louisiana, on June 27, 2023. S JUDGE JOHN W. deGRAVELLES UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA Dockets.Justia.com
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