Donna Phillips Currault
How Judge Currault rules, drawn from 14 signed orders. Every observation links to the order it came from.
How Judge Currault decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Currault enforces settlement and statutory filing deadlines strictly: in a Deepwater Horizon medical-benefits (BELO) suit she recommended dismissal with prejudice as time-barred, and the motion to dismiss was granted.
“Magistrate Judge Currault recommended Plaintiff Todd M. Dufrene's Complaint be dismissed with prejudice ... IT IS FURTHER ORDERED that the Motion to Dismiss Plaintiff's Complaint (Rec. Doc. 11) filed by Defendants BP Exploration & Production Inc. and BP America Production Company is GRANTED.”
Procedural preferences
On a mixed 28 U.S.C. 2254 petition (containing both exhausted and unexhausted claims) she recommends dismissal without prejudice unless the petitioner amends to drop the unexhausted claims.
“this case, which includes both exhausted and unexhausted claims [] is a 'mixed petition' . . . subject to dismissal without prejudice. ... the above-captioned matter be DISMISSED WITHOUT PREJUDICE for failure to exhaust state court review, unless Petitioner amends his petition to exclude and/or dismiss the unexhausted claims.”
A protective-order request must identify a particular and specific factual risk; conclusory fears of witness retaliation do not justify concealing identities, though ordinary confidentiality limits may still be entered.
“Plaintiff’s speculation and unsubstantiated conclusion in support of his request for a protective order governing witness identities for fear of potential retaliatory action by Defendant fall far short of the particular and specific demonstration of fact necessary to support entry of a protective order.”
Cautions
A post-removal request to add a nondiverse employee may fail when a limited evidentiary inquiry leaves the employee's denial uncontradicted and shows no possibility of personal liability.
“Walmart has demonstrated that Plaintiff has no possibility of recovery against Thorton, and Plaintiff has failed to provide any evidence to the contrary despite having the obligation to do so.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
Her own signed F&R; pro se TPCJC COVID-19 conditions-of-confinement 1983 (one of ~40 plaintiffs). Baudoin never paid the fee/filed a pauper application, was released, and never updated his address, so she RECOMMENDED dismissal WITHOUT PREJUDICE for failure to prosecute (Rule 41(b)). This recommendation did not resolve a party motion.
Her R&R (R. Doc. 13) is supported by DJ Vance's adoption order (2022-12-13). Prisoner 1983; Spears hearing + 1915(e)(2)/1915A sua sponte review; recommended dismissal as frivolous; ADOPTED, DISMISSED WITH PREJUDICE. This screening dismissal did not resolve a party motion.
“this case, which includes both exhausted and unexhausted claims [] is a 'mixed petition' . . . subject to dismissal without prejudice. ... the above-captioned matter be DISMISSED WITHOUT PREJUDICE for failure to exhaust state court review, unless Petitioner amends his petition to exclude and/or dismiss the unexhausted claims.”
“Magistrate Judge Currault recommended Plaintiff Todd M. Dufrene's Complaint be dismissed with prejudice ... IT IS FURTHER ORDERED that the Motion to Dismiss Plaintiff's Complaint (Rec. Doc. 11) filed by Defendants BP Exploration & Production Inc. and BP America Production Company is GRANTED.”
Her own signed SHOW CAUSE ORDER AND REASONS. Non-prisoner IFP 1915(e)(2) screening; granted IFP, withheld summons, ordered show cause why 1983 false-arrest/malicious-prosecution claims should not be stayed under Wallace v. Kato / dismissed under Heck v. Humphrey (charges apparently pending), and held DA/ADA claims barred by absolute prosecutorial immunity (Imbler)/Monell. This show-cause order did not resolve a party motion.
“Motion for Leave to File Second Amended Complaint is GRANTED”
“GRANTED, and judgment be entered REVERSING the Commissioner”
Sua sponte 28 U.S.C. 1915(e)(2)(B) screening R&R (recommendation, not final). Recommends dismissal with prejudice without leave to amend of pro se FTC Act claim as legally frivolous plus Rule 41(b) failure to prosecute. Verbatim: 'Because any amendment would be futile, dismissal without leave to amend is appropriate.'
“proposed amended complaint (ECF No. 39) is GRANTED IN PART AND DENIED IN PART.”
“the undersigned GRANTS the motion and ORDERS that”
“IT IS ORDERED that Plaintiff's motion (ECF Nos. 1, 14) be DENIED and that the Complaint”
“GRANTED IN PART AND DENIED IN PART WITHOUT PREJUDICE for the reasons”
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