ORDER EMILY C. MARKS , Chief District Judge . Upon consideration of the parties' Joint Stipulation of Dismissal with Prejudice (doc. 87), filed on March 18, 2020, seeking a pro tanto settlement, which comports with FED.R.CIV.P. 41(a)(1)(A)(ii), the claims against Defendant Medical Depot, Inc. d/b/a/ Drive Devilbiss Healthcare have been dismissed with prejudice by operation of Rule 41, on the terms agreed to and set out by the parties. A copy of this checklist is available at the website...
REPORT AND RECOMMENDATION SUSAN RUSS WALKER , Magistrate Judge . This case is before the court on defendant's motion to suppress (Doc. 27) and the government's response (Doc. 36). The court held an evidentiary hearing on the motion on October 22, 2019. During the hearing, the court heard testimony from David Dayton Winegar, Antonio Goins, and the defendant, Keyon Tymes. For the reasons discussed below, the motion to suppress is due to be denied. FACTS 1 Defendant's motion arises from...
ORDER ON ARRAIGNMENT JERUSHA T. ADAMS , Magistrate Judge . On March 18, 2020 the defendant, Richard H. Smith, appeared in person and in open court with counsel, Amardo Wesley Pitters, Preston Larry Presley and was arraigned in accordance with the provisions of Rule 10 of the Federal Rules of Criminal Procedure. PLEA. The defendant entered a plea of NOT GUILTY. Counsel for the defendant is requested to contact the U.S. Attorney immediately if the defendant intends to engage in...
MEMORANDUM OPINION AND ORDER ANDREW L. BRASHER , District Judge . This matter comes before the Court on motion by the Alabama Cooperative Extension System, Paul Brown, Kyle Kostelecky, Gary Lemme, and Stanley Windham ("Defendants") to dismiss a claim brought against them by Margaret Odom ("Plaintiff"). (Doc. 19). Although Plaintiff alleges four counts in her amended complaint, Defendants move to dismiss only Count II (age discrimination in violation of 29 U.S.C. 621). (Doc. 16 at 16-17)....
MEMORANDUM OPINION and ORDER R. AUSTIN HUFFAKER, JR. , District Judge . Defendant Keyon Markqutte Tymes ("Tymes") was charged on August 7, 2019, in a superseding indictment with possession of a firearm by a prohibited felon in violation of 18 U.S.C. 922(g)(1). On August 19, 2019, he filed a motion to suppress "all evidence, physical and testimonial . . . as the result of the Montgomery Police Patrol Officers unlawful search, seizure, interrogation, arrest and detention" on May 20, 2018,...
MEMORANDUM OPINION AND ORDER ANDREW L. BRASHER , District Judge . This matter comes before the Court on motion by Koch Foods of Alabama LLC ("Defendant") to dismiss the state-law claims of intentional infliction of emotional distress or "outrage" brought by Kristopher Jones (Counts VII) and Earnest Moore (Count VIII). Upon consideration, Defendant's motion (Doc. 6) is due to be GRANTED. STANDARD When considering a motion to dismiss, the court accepts all facts alleged in the...
MEMORANDUM OPINION AND ORDER ANDREW L. BRASHER , District Judge . This matter comes before the court on Plaintiff ShowCoat Solutions, LLC's Motion for Permanent Injunction, (Doc. 162), and Motion for Entry of Final Judgment, (Doc. 166). Upon consideration, the motions are GRANTED. BACKGROUND ShowCoat Solutions, LLC develops and distributes cattle haircare products, including ShowCoat, Dress Coat, Volumax, and PopShot. Chad Folger and Kellie Folger, his wife, founded ShowCoat Solutions...
JUDGMENT MYRON H. THOMPSON , District Judge . Based on the parties' agreement that this case should be dismissed for lack of subject-matter jurisdiction, with which the court agrees, it is the ORDER, JUDGMENT, and DECREE of the court that the motion to dismiss (doc. no. 9) is granted to the extent that this cause is dismissed in its entirety without prejudice and with the parties to bear their own costs. All other pending motions are denied as moot. The clerk of the court is DIRECTED to...
JUDGMENT MYRON H. THOMPSON , District Judge . Upon consideration of the government's motion to dismiss the indictment in the interests of justice (doc. no. 5), it is ORDERED, ADJUDGED, AND DECREED that the motion is granted, and the indictment (doc. no. 1) is dismissed. It is further ORDERED that the arrest warrant (doc. no. 3) is vacated. This case is closed.
ORDER W. HAROLD LBRITTON , Senior District Judge This case is before the court on a Recommendation of the Magistrate Judge entered on February 26, 2020. Doc. 26. There being no timely objections filed to the Recommendation, and after an independent review of the file, the Recommendation is ADOPTED, and it is hereby ORDERED that this case is DISMISSED without prejudice for failure of Plaintiff to comply with the orders of the court and to prosecute this action. Final Judgment will be...
RECOMMENDATION OF THE MAGISTRATE JUDGE CHARLES S. COODY , Magistrate Judge . Plaintiff filed this pro se 42 U.S.C. 1983 action on November 28, 2018. On November 30, 2018, the court entered an order granting Plaintiff leave to proceed in forma pauperis and an order of procedure. Docs. 3, 4. The latter order directed Defendants to file an answer and special report and directed Plaintiff to "immediately inform the court and Defendants or Defendants' counsel of record of any change in...
AMENDED PRELIMINARY ORDER OF FORFEITURE MYRON H. THOMPSON , District Judge . Now pending before the court is the government's motion for an amended preliminary order of forfeiture (doc. no. 132) filed on March 17, 2020. This court entered a preliminary order of forfeiture (doc. no. 60) on March 8, 2018, which directed forfeiture of the defendant Willie Bernard Smith's interest in a 2012 Chevrolet Camaro, bearing vehicle identification number 2G1FE1E3XC9200519 ("Camaro"). William Matzkow...
ORDER W. KEITH WATKINS , District Judge . Before the court is the pro se motion for reconsideration filed by James L. Robinson. (Doc. # 108.) Upon consideration of the motion, it is ORDERED that the motion is DENIED.
JUDGMENT MYRON H. THOMPSON , District Judge . Upon consideration of the joint motions for dismissal with prejudice as to defendant Transunion, LLC only (doc. nos. 61 & 62), it is the ORDER, JUDGMENT, and DECREE of the court that the motions are granted, and plaintiffs' claims against defendant Transunion, LLC only are dismissed with prejudice, with plaintiffs and said defendant to bear their own fees and costs. Defendant Transunion, LLC is terminated as party to this case. The clerk of...
GIPSON II OPINION AND ORDER MYRON H. THOMPSON , District Judge . This litigation consists of two consolidated cases: Gipson I ( Gipson v. Hyundai Power Transformers USA, Inc., civil action no. 2:17cv498-MHT); and Gipson II ( Gipson v. Hyundai Power Transformers USA, Inc., civil action no. 2:19cv224-MHT). Only the Gipson II case is now before the court. The plaintiff is William Gipson. The defendants are Gipson's employer Hyundai Power Transformers USA, Inc. and Hyundai...
OPINION AND ORDER MYRON H. THOMPSON , District Judge . William Matzkow filed a third-party petition claiming an interest in a car that was the subject of a preliminary order of forfeiture in the above criminal case. This case is now before the court on the recommendation of the United States Magistrate Judge that the government's motions to dismiss the Matzkow's third-party petition be granted and that his petition be dismissed without prejudice due to his failure to prosecute his claim....
JUDGMENT MYRON H. THOMPSON , District Judge . In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court: (1) The United States Magistrate Judge's recommendation (doc. no. 3) is adopted. (2) The 28 U.S.C. 2255 motion (doc. no. 2) is dismissed because the required permission has not been obtained from the Eleventh Circuit Court of Appeals. It is further ORDERED that costs are taxed against petitioner, for which execution may issue. The...
OPINION MYRON H. THOMPSON , District Judge . This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that petitioner's "Motion to Vacate Judgement Pursuant to Fed.R.Civ.P. 60(b)(6)," which is a successive motion to vacate his conviction and sentence under 28 U.S.C. 2255, be dismissed for lack of jurisdiction because the required permission for a successive motion has not been obtained from the Eleventh Circuit Court of Appeals. There are no...
ORDER ANDREW L. BRASHER , District Judge . On February 5, 2020, the Magistrate Judge entered a Recommendation (Doc. 29) to which no timely objections have been filed. After an independent review of the file and upon consideration of the Recommendation, it is ORDERED that: 1. The Recommendation of the Magistrate Judge is ADOPTED; 2. This case is DISMISSED with prejudice for the plaintiff's failure to comply with an order of this court; 3. Other than the filing fee assessed to the...
ORDER MYRON H. THOMPSON , District Judge . This case comes before the court sua sponte. See Flowers v. Cotton States Ins. Co., No. 1:08-cv-345-MHT, 2009 WL 563656, at *2 (M.D. Ala. Mar. 5, 2009) (Thompson, J.) (citing authority for this). After the plaintiff made an unspecified demand for damages in state court, the defendant removed to federal court, claiming that "complete diversity of citizenship exists... and the amount in controversy exceeds $75,000.00." Notice of Removal (doc. no....
