The good word came down on Tuesday when Judge Ozerden ruled on a Rule 41 voluntary dismissal motion filed by Reed after he settled with the City of Diamondhead’s insurer. I frankly never understood why the private citizens were included by Reed in his Section 1983 lawsuit against the City and once that count was settled it opened the door for the Court to punt the entire case, which it did. Reed could in theory refile the libel action in Circuit Court but he’d be throwing good money after bad based on his federal court complaint. Slabbed’s archival post on this topic can be found here. Judge Ozerden’s order of dismissal is embedded below:
Reed v Diamondhead Doc 47 by Slabbed on Scribd
Moving right along since the archival post also covered the Marquar Section 1983 lawsuit against the City of Bay St Louis, Mike Favre and Lonnie Falgout I took a peek at the docket of that matter while I was on PACER. Motions to Dismiss were filed late last fall and there has not been a docket entry since. I suspect a ruling on those Motions will be forthcoming shortly.
Ward 5 here.. wait. Marquar is running around informing us that he won that case and BSL, Falgout and Ice offered him 6 figures to settle. Hope you right Doug, nuisance suit.
My limited experience is it takes 90-120 days for the Court to rule on 12b6 Motions, sometimes longer if the case is complex. The memorandum filed with the Falgout Motion ran 12 pages or so, well under the page limits set by the local rules and the opposition did not merit a rebuttal in the eyes of Counsel. 42USC1983 lawsuits are hard to win in the Fifth Circuit. It is also hard for a plaintiff in federal court to win period.
Hope he gets his six figures.
Maybe you shouldn’t slander a man and his business.
Or attack him in the streets.
Or use your positions to cover it up.
Ward 5 here! I never slandered anyone. Seems obvious you have taken a Judgeship to render Falgout wrong and Marquar right? Go to docket filings by MML Attorneys representing Favre, Falgout and BSL. Our group did. Very interesting and informative. You’re making it obliviously very personal. Thanks for real Judges.