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Carlisle v. Normand

United States District Court, E.D. Louisiana

December 12, 2018

TAYLOR CARLISLE, ET AL.
v.
NEWELL NORMAND, ET AL.

         SECTION: “H”

          ORDER AND REASONS

          JANE TRICHE MILAZZO, UNITED STATES DISTRICT JUDGE.

         Before the Court are two Motions for Reconsideration filed by Plaintiffs (Docs. 356, 381), a Motion for Reconsideration filed by Defendants Normand and Lopinto (Doc. 366), and a Motion to Strike and a Motion for Leave to File a Declaration by Defendants Joe McNair, McNair & McNair, L.L.C., and Philadelphia Indemnity Insurance Company (Docs. 360, 362).

         For the following reasons, the Motions for Reconsideration are DENIED, the Motion to Strike is DENIED, and the Motion for Leave to File a Declaration is GRANTED.

         BACKGROUND

         This lawsuit arises out of the participation by Plaintiffs Taylor Carlisle and Emile Heron in Jefferson Parish's Drug Court. Much of the background of this litigation has been reproduced in Orders and Reasons previously issued by this Court. The Court will nevertheless briefly discuss the procedural history that lead up to the Motions it is considering in this Order and Reasons.

         On March 20, 2018, Defendants Joe McNair, McNair & McNair, L.L.C., and Philadelphia Indemnity Insurance Company (collectively “the McNair Defendants”) filed a Motion for Partial Summary Judgment.[1] On August 30, 2018, this Court granted the McNair Defendants' Motion.[2] Plaintiffs then asked this Court to reconsider its ruling.[3] Attached to Plaintiffs' Motion for Reconsideration was an Affidavit signed by Plaintiff Taylor Carlisle.[4] The McNair Defendants moved to Strike Carlisle's Affidavit from the Record.[5] The McNair Defendants also moved for Leave to File a Declaration by Neil Johnston in response to Plaintiffs' Motion for Reconsideration.[6]

         On May 25, 2018, Defendant Joseph Lopinto filed a Motion to Dismiss Plaintiffs' claims against him.[7] On September 25, 2018, this Court granted in part Lopinto's Motion.[8] Both Plaintiffs' and Lopinto filed Motions for this Court to Reconsider its August 30, 2018 Order and Reasons.[9]

         LEGAL STANDARD

         A Motion for Reconsideration of an interlocutory order is governed by Federal Rule of Civil Procedure 54(b).[10] “Under Rule 54(b), ‘the trial court is free to reconsider and reverse its decision for any reason it deems sufficient, even in the absence of new evidence or an intervening change in or clarification of the substantive law.'”[11]

         LAW AND ANALYSIS

         The Court will first address Plaintiffs' Motion for Reconsideration of this Court's August 30, 2018 Order and Reasons and Defendants' related Motion to Strike and Motion for Leave to File a Declaration. Next, the Court will address the parties' Motions for Reconsideration of this Court's September 25, 2018 Order and Reasons.

         I. Motions related to this Court's August 30, 2018 Order and Reasons

         In its August 30, 2018 Order and Reasons, this Court ruled that Plaintiffs' claims against the McNair Defendants arising from conduct that occurred before April 27, 2015 had prescribed.[12] In so ruling, the Court found specifically that Plaintiff Carlisle had constructive knowledge of the facts necessary to trigger the prescriptive clock for his negligence claims against the McNair Defendants.[13] In their Motion for Reconsideration, Plaintiffs' challenge this finding by the Court, mostly re-hashing and expanding on the same arguments ...


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