ORDER GRANTING IN PART AND DENYING IN PART THE JOINT MOTION TO DISMISS THE SECOND AMENDED COMPLAINT MARK E. FULLER, Chief Judge. This cause is before the Court on the Defendants' Joint Motion to Dismiss the Second Amended Complaint (Doc. #53). Plaintiffs Angela Brown, Marcus Brown, and two minors T.B., and Z.W. (collectively, the Plaintiffs) sued Defendants Ronnie Benefield, R.C. Covington, Eddie Ingram, and Corey Mason (collectively, the Defendants) alleging violations of the Civil Rights...
OPINION MYRON H. THOMPSON, District Judge. In this lawsuit, plaintiff Judith Heenan claims that her dismissal as a student from the School of Nursing at Auburn University at Montgomery (AUM) in Montgomery, Alabama violated federal law because, among other things, it was in retaliation for her criticisms of the school's grading and disciplinary system. She rests her claims on the First and Fourteenth Amendments to the United States Constitution as enforced through 42 U.S.C. 1983. She names...
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON, Senior District Judge. I. FACTS AND PROCEDURAL HISTORY This cause is before the court on the Plaintiffs' Motion to Remand and Request for Attorney Fees, Expenses, and Costs (Doc. # 14). The Plaintiff, Demitria Butler ("Butler"), filed her case on August 27, 2010, in the Circuit Court of Macon County, Alabama, bringing state law claims against Charter Communications, Inc. ("Charter"); Protection One Systems ("Protection One"); and...
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON, Senior District Judge. I. INTRODUCTION This cause is before the court on a Motion for Summary Judgment filed by Monster Mountain, LLC ("Monster Mountain"); Double AA Enterprises, LLC ("Double AA"); and William Anderson, III ("Anderson," collectively, the "Monster Mountain Defendants") (Doc. # 30). The Plaintiff, J.T., Jr. ("J.T.") filed a Complaint in this case alleging that Monster Mountain, Double AA, Anderson, Precision Cycles, LLC,...
OPINION MYRON H. THOMPSON, District Judge. Plaintiff Gwendolyn Gray brings federal employment-discrimination claims against defendant City of Montgomery, Alabama. Gray charges that, on two occasions, the city discriminated against her because she is an American of African descent, when it chose not to promote her to the position of Emergency Communications Sergeant I ("ECS I"). She further charges that, after she engaged in protected activities by filing an administrative charge of...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, Chief District Judge. This is an action to collect on a loan from the borrower's guarantor. This cause is presently before the Court on a Motion to Dismiss (Doc. # 4) filed on October 4, 2010 by that guarantor, Gordhanbai Patel ("Patel"). Patel contend that this action is due to be dismissed or transferred to his home state because this Court lacks personal jurisdiction over him. The Court has carefully considered the submissions in support of...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, Chief Judge. I. INTRODUCTION Arrowood Indemnity Company ("Arrowood") brings this declaratory judgment action against Macon County Greyhound Park, Inc. ("MCGP"), asking this Court to declare that Arrowood, as MCGP's excess-liability insurer, is not liable to indemnify MCGP on the underlying bodily-injury judgment against MCGP. (Doc. # 2). The parties have filed cross Motions for Summary Judgment. (Docs. # 46, 47). For the reasons set out below,...
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON, Senior District Judge. I. INTRODUCTION This case is before the court on a Motion to Dismiss (Doc. #9) filed by Defendant Four Seasons Federal Credit Union ("Four Seasons") on September 10, 2010, a Motion to Dismiss and for Attorneys' Fees (Doc. #12) filed by Defendant Auburn University Federal Credit Union ("Auburn") on September 17, 2010, and a Motion to Dismiss (Doc. # 24) filed by Defendant JPMorgan Chase Bank ("Chase") on September...
OPINION MYRON H. THOMPSON, District Judge. Plaintiff James Ashe charges in this lawsuit that his property was confiscated, purportedly as a public nuisance, in violation of both federal and state law. His federal claims are based on 42 U.S.C 1983 and assert that defendants City of Montgomery, Alabama and Tony's Automotive, LLC violated the Takings Clause of the Fifth Amendment and the Due Process Clause of the Fourteenth Amendment. His state claims are for trespass and negligence against...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, Chief Judge. This cause is before the Court on the Motion to Dismiss First Amended Complaint, (Doc. # 38), filed by two of the defendants, Ozark Police Sergeant Jimmy Culbreath ("Culbreath") and his employer, the City of Ozark, on July 20, 2010, as well as their Motion for Leave to File Supplemental Memorandum in Support of Motion to Dismiss First Amendment Complaint filed on September 29, 2010. (Doc. # 44). For the following reasons, the Motion...
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON, Senior District Judge. I. INTRODUCTION This case is before the court on a Joint Motion to Dismiss (Doc. #10) filed by Defendants Barbara Thompson ("Thompson"), Alabama State Department of Education ("Alabama DoE"), and Dr. Joseph Morton ("Morton," collectively, the "Moving Defendants") on September 13, 2010. The Plaintiff, B.I., filed a pro se Complaint (labeled "Notice of Appeal To Petition for Judicial Review"), individually and on...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, Chief Judge. This cause is before the Court on the Amended Motion for Preliminary Injunction and Expedited Hearing, (Doc. #15), filed on September 29, 2010 by Plaintiff Jonathan Paul Boyd ("Boyd"). The Court has carefully considered all submissions and argument in support of and in opposition to the motion and has convened a hearing on the matter. For the reasons set forth below, the motion for a preliminary injunction is due to be DENIED....
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON, Senior District Judge. I. INTRODUCTION This case is before the court on a Motion for Summary Judgment (Doc. #37), filed by the Defendant on September 15, 2010, a Motion to Strike (Doc. #45), filed by the Defendant on October 13, 2010, and a Request for Oral Argument (Doc. #46) filed by the Defendant on October 13, 2010. 1 The Plaintiff filed a Complaint in this case on May 29, 2009, bringing claims of age discrimination in violation of the...
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON, Senior District Judge. I. INTRODUCTION This case is before the court on a Motion to Dismiss (Doc. #17) filed by Defendant Mina Lee Vockroth ("Ms. Vockroth") on September 9, 2010, and a Motion for Preliminary Injunction filed by Plaintiff Graham Vockroth ("Mr. Vockroth") on September 20, 2010 (Doc. # 20). The Plaintiff, Mr. Vockroth, filed a Complaint in this court on August 16, 2010. On August 25, 2010, after receiving the court's...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, Chief District Judge. This lawsuit is brought under 42 U.S.C. 1983—for violations of the Fourteenth Amendment and 42 U.S.C. 1981—and under Title VII of the Civil Right Act of 1964, codified at 42 U.S.C. 2000e et. seq. ("Title VII"). Sylvia Summers ("Summers") claims sex discrimination, race discrimination, and retaliation against the defendant, City of Dothan, Alabama ("City of Dothan"), allegedly occurring during her employment with the...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, Chief Judge. In this lawsuit brought pursuant to 21 U.S.C. 881(a)(6), Plaintiff United States of America (the "Government") seeks forfeiture of six thousand two hundred seven dollars ($6,207) in United States currency (the "defendant money"). (Doc. # 1). The Government alleges that the defendant money, seized during the arrest of Sylvester Vaughn ("Vaughn") for drug trafficking and distribution of a controlled substance, was furnished, or...
MEMORANDUM OPINION AND ORDER WALLACE CAPEL, JR., United States Magistrate Judge. Currently pending before the Court is Defendant's Motion for Summary Judgment (Doc. # 33), Plaintiff's Response (Doc. # 34), and Defendant's Reply (Doc. # 35). For the reasons that follow, Defendant's Motion for Summary Judgment (Doc. # 33) is GRANTED. I. BACKGROUND Plaintiff's First Amended Complaint (Doc. # 26) is presently pending before the Court. Plaintiff Twanna Crayton ("Plaintiff" or "Crayton") brings...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, Chief Judge. I. INTRODUCTION This cause is before the Court on appeal from the United States Bankruptcy Court for the Middle District of Alabama. 1 David A. Hines, the appellant and debtor in the underlying bankruptcy case, appeals the bankruptcy court's partial grant of summary judgment in favor of Anthony J. Marchetti and West Georgia Emergency Medicine, LLC ("WGEM"), the appellees and creditors in the underlying bankruptcy case (collectively,...
OPINION AND ORDER MYRON H. THOMPSON, District Judge. Relying on the Declaratory Judgment Act, 28 U.S.C. 2201(a), plaintiff Pharmacists Mutual Insurance Company brings this federal lawsuit against defendants Godbee Medical Distributors, Inc. and Christy Caudle, seeking a declaration as to whether it is obligated to defend and indemnify Godbee Medical with regard to a state lawsuit brought by Caudle against Godbee Medical. Jurisdiction is proper pursuant to 28 U.S.C. 1332 (diversity). This...
MEMORANDUM OPINION AND ORDER W. KEITH WATKINS, District Judge. I. INTRODUCTION In this lawsuit, Plaintiff Pamela Borton claims that an officer with the Dothan Police Department unlawfully tased her three times while she was strapped to a gurney, after she had been transported involuntarily by an ambulance to a medical center for mental health treatment, and that another officer failed to prevent the tasing. She brings this action against Jeff Schulmerich and Jason Weed, individually and in...
