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Jackson v. YRC Inc.

United States District Court, W.D. Louisiana, Shreveport Division

December 9, 2014

ANTONIO JACKSON ET AL
v.
YRC INC. ET AL

MEMORANDUM ORDER[1]

KAREN L. HAYES, Magistrate Judge.

Before the undersigned Magistrate Judge, on reference from the District Court, is a "Motion to Compel DNA Testing, " [doc. # 29], filed by Defendants YRC, Inc. and William Dearman. Plaintiffs oppose the Motion. [doc. # 31]. For reasons assigned below, the Motion is GRANTED.

Background

On April 28, 2014, Plaintiffs Antonio Jackson and Jamario Lougin filed a Petition for Damages against Defendants in the First Judicial District Court, Parish of Caddo, State of Louisiana, seeking survivor and wrongful death damages resulting from the death of Willie Roy Jackson, Jr. ("Decedent"). [doc. # 1-3]. Plaintiffs allege, inter alia, that as the surviving biological children of Decedent, they have standing to seek the requested damages. Id. at 4. On May 27, 2014, Defendants removed the matter on the basis of diversity jurisdiction. [doc. # 1].

Plaintiffs filed an amended, supplemental complaint[2] on September 5, 2014, and added the following allegation:

Willie Jackson, Jr. is the biological father of the plaintiffs, ANTONIO JACKSON and JAMARIOA LOUGIN, for the following reasons, among others:
a. An Arkansas State Court held Willie Jackson, Jr. to be the biological father of both Antonio Jackson and Jamario Lougin...;
b. Willie Jackson, Jr. is listed as the father on Antonio Jackson's Birth Certificate;
c. Willie Jackson, Jr. is listed as the father on Jamario Lougin's Birth Certificate;
d. The mother of Antonio Jackson, Sharon Lougin, did not have sexual relations with any other person other than Willie Jackson, Jr. at the time Antonio Jackson was conceived;
e. The mother of Jamario Lougin, Sharon Lougin, did not have sexual relations with any other person other than Willie Jackson, Jr. at the time Jamario Lougin was conceived;
f. Sharon Lougin lived with Willie Jackson, Jr. at the time Antonio Jackson was conceived;
g. Sharon Lougin lived with Willie Jackson, Jr. at the time Jamario Lougin was conceived;
h. Willie Jackson, Jr. openly and continuously acknowledged to Sharon Lougin and others that he was the biological father of ...

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