Opinion

Stewart v. HOFS, LLC

Court
District Court, E.D. Louisiana
Filed
Jul 22, 2024
Cited by
0 cases
Authority
More cited than 31.4%

“[A] request to stay summary judgment under [Rule 56(d

How later courts described this case

  • “[A] request to stay summary judgment under [Rule 56(d
  • holding that employers may be vicariously liable for the intentional torts of employees acting within the course and scope of employment
  • “Summary judgment is appropriate if, after discovery, there is no genuine dispute over material fact”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

KEITH STEWART, ET AL. CIVIL ACTION

VERSUS NO. 23-2371

HOFS, LLC, ET AL. SECTION “R” (4)

ORDER AND REASONS

Before the Court is plaintiffs Keith and Linda Stewart’s motion for

partial summary judgment.1 Defendants HOFS, LLC (“HOFS”),2 Travelers

Property Casualty Company of America (“Travelers”), and the Phoenix

Insurance Company (“Phoenix”) oppose this motion.3 Because substantial

discovery has not yet occurred, and defendants have identified discovery

necessary to present their opposition, the Court denies the motion as

premature.

I. BACKGROUND

This case arises out of the fatal shooting of Zakary Stewart by his

coworker, Brian Taylor. Taylor currently faces criminal charges in

1 R. Doc. 24.

2 R. Doc. 31.

3 R. Doc. 32.

connection with the shooting and trial is set for August 12, 2024.4 See State

of Louisiana v. Brian Taylor, Dkt. No. 0713F202, 22nd Judicial District, Div.

“G,” Parish of St. Tammany, State of Louisiana. Plaintiffs, Stewart’s

surviving father and mother, filed this action in June 2023 in Louisiana state

court seeking damages for their son’s wrongful death under Louisiana Civil

Code article 2315.1(A)(2) and article 2315.2(A)(2).5 Defendants Travelers

and Phoenix, HOFS’ insurers, removed this action in July 2023.6

Plaintiffs allege that HOFS—the owner of the auto dealership in Slidell,

Louisiana where Stewart and Taylor worked and where the shooting

occurred—is vicariously liable under Louisiana law for the alleged

intentional torts of Taylor against Stewart,7 or, in the alternative, that HOFS

was negligent in its hiring, training, supervision, management, discipline,

and retention of Taylor, and failed to take reasonable steps to protect Stewart

from Taylor’s alleged violent tendencies.8 Plaintiffs allege that Taylor shot

Stewart within the course and scope of his employment because the shooting

occurred on business premises during work hours, and had its origins in an

earlier conflict between the two about how, after detailing a car sold by

4 See R. Doc. 31-5.

5 R. Doc. 1-1.

6 R. Doc. 1.

7 Id. ¶¶ 15-22.

8 Id. ¶¶ 23-26.

Stewart, Taylor did not “bring [the car] back around and give the keys” to

Stewart, but instead “backed the vehicle up and went straight back to

detail.”9 Plaintiffs also allege that over a series of weeks leading up to the

shooting, multiple employees attempted to discuss the escalating conflict

with dealership management, who did nothing.10 Plaintiffs assert that the

inaction of those in charge of the dealership fits within a broader pattern of

an absentee employer and an overly permissive workplace, in which

employees regularly drank alcohol and smoked marijuana on the premises

during work hours.11

Plaintiffs now seek partial summary judgment declaring HOFS

vicariously liable for Taylor’s actions or that HOFS’ negligence caused

Stewart’s wrongful death.12 Defendants have filed a Federal Rule of Civil

Procedure 56(d) declaration averring that they cannot present facts essential

to justify their opposition because evidence regarding the shooting is

currently being held by the State as a part of Taylor’s criminal proceedings.13

9 See R. Doc. 24-1 at 16 (citing R. Doc. 24-7 at 55:24-57:24).

10 See id. ¶¶ 25, 34, 64, 65.

11 See id. ¶¶ 16, 18-20, 23, 68, 69, 88, 115.

12 R. Doc. 24.

13 R. Doc. 31-5.

II. LEGAL STANDARD

Summary judgment is warranted when “the movant shows that there

is no genuine dispute as to any material fact and the movant is entitled to

judgment as a matter of law.” Fed. R. Civ P. 56(a); Celotex Corp. v. Catrett,

477 U.S. 317, 322-23 (1986); Little v. Liquid Air Corp., 37 F.3d 1069, 1075

(5th Cir. 1994). Summary judgment therefore “assumes some discovery.”

Brown v. Mississippi Valley State Univ., 311 F. 3d 328, 333 (5th Cir. 2002);

see also F.D.I.C. v. Shrader & York, 991 F. 2d 216, 220 (5th Cir. 1993)

(“Summary judgment is appropriate if, after discovery, there is no genuine

dispute over material fact”) (emphasis added). Although the Court may “cut

off discovery when the record shows that further discovery is not likely to

produce the facts needed to withstand the motion for summary judgment,” a

party must be “given a full and fair opportunity to discover information

essential to its opposition to summary judgment.” Brown, 311 F. 3d at 333.

Under Rule 56(d), the Court may “defer considering the motion [for

summary judgment] or deny it” if a “nonmovant shows by affidavit or

declaration that, for specified reasons, it cannot present facts essential to

justify its opposition.” Fed. R. Civ. P. 56(d)(1). Rule 56(d) discovery motions

are “broadly favored and should be liberally granted,” because the rule is

designed to “safeguard non-moving parties from summary judgment

motions they cannot adequately oppose.” Culwell v. City of Fort Worth, 468

F. 3d 868, 871 (5th Cir. 2006). The proper “way of requesting additional

time for discovery is for the nonmoving party to present an affidavit

containing specific facts explaining [its] failure to respond to the adverse

party’s motion for summary judgment via counter affidavits establishing

genuine issues of material fact for trial.” Int’l Shortstop, Inc. v. Rally’s, Inc.,

939 F. 2d 1257, 1266 (5th Cir. 1991); see also Raby v. Livingston, 600 F. 3d

552, 561 (5th Cir. 2010) (“[A] request to stay summary judgment under [Rule

56(d)] must set forth a plausible basis for believing that specified facts,

susceptible of collection within a reasonable time frame, probably exist and

indicate how the emergent facts, if adduced, will influence the outcome of

the pending summary judgment motion.”).

III. DISCUSSION

A Rule 56(d) denial of plaintiffs’ motion for partial summary judgment

is appropriate here.

Defendants have identified by declaration specific discovery they need

and the relevance of what is sought. Specifically, defendants seek evidence

now held by the State in the criminal proceeding, including text messages

between Stewart and Taylor in the period leading up to the shooting and

surveillance footage of the shooting and the altercation that preceded it.14

Defendants also state that they intend to depose other employees who had

previously provided testimony only in the context of the workers’

compensation proceedings, where the defense attorney asked no questions

in the majority of depositions.15

Defendants have also demonstrated that this further discovery may

influence the outcome of the pending summary judgment motion. Three

weeks elapsed between the alleged argument about how Taylor returned a

detailed car and the shooting.16 Text messages between Stewart and Taylor

leading up to the shooting may undermine plaintiffs’ allegation that the

conflict between Stewart and Taylor was primarily employment rooted. See

LeBrane v. Lewis, 292 So. 2d 216, 216 (La. 1974) (holding that employers

may be vicariously liable for the intentional torts of employees acting within

the course and scope of employment). Parties have already testified that

during those three weeks, Stewart and Taylor had multiple arguments “over

race”17 that involved “a lot of name-calling”18 and included Stewart calling

14 See R. Doc. 31-5.

15 See R. Doc. 32 at 7-10.

16 See. R. Doc. 24-2 ¶¶ 50-51, 64, 111.

17 R. Doc. 24-7 at 58:18.

18 R. Doc. 24-6 at 42:13-14.

Taylor “racial slurs and threatening him to do this and that.”19 Defendants

may also obtain relevant testimony from employee witnesses to rebut

plaintiffs’ allegations of vicarious liability and negligence.

And lastly, defendants have explained why this discovery could not

have been obtained earlier. The District Attorney’s Office for the 22nd

Judicial District Court maintains sole possession of the text messages

between Taylor and Stewart and other evidence to be used in the criminal

proceedings and will not produce any of the discovery to any party in the civil

litigation while the criminal case is still pending.20 Defendants have

therefore met their burden under Rule 56(d), and plaintiffs’ motion for

partial summary judgment is denied. See Fed. R. Civ. P 56(d)(1).

19 R. Doc. 32-22 at 17:16-17.

20 R. Doc. 31-5 ¶¶ 9, 11.

IV. CONCLUSION

For the foregoing reasons, plaintiffs’ motion for partial summary

judgment is DENIED as premature.

New Orleans, Louisiana, this _22nc_ day of July, 2024.

Lorn Varo

SARAH S. VANCE

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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