MEMORANDUM OPINION AND ORDER MARK E. FULLER, District Judge. Before the Court are Defendant Prime Insurance Company's ("Defendant" or "Prime") Motion to Dismiss for Improper Venue, or in the Alternative, for Forum Non Conveniens (Doc. #6) and Motion to Dismiss Amended Complaint (Doc. #12). For the reasons set forth below, the Court finds that the motions are due to be DENIED. I. JURISDICTION The Court has subject-matter jurisdiction over this lawsuit pursuant to 28 U.S.C. 1332 (...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, District Judge. Plaintiff Thomas D. Arthur ("Plaintiff" or "Arthur"), an inmate under sentence of death, brings this lawsuit alleging that Defendants will violate his constitutional rights to equal protection and to be free from cruel and unusual punishment by executing him pursuant to Alabama's current lethal injection protocol. 1 Plaintiff also alleges a state law claim that Alabama's lethal injection statute, Ala.Code 15-18-82, unlawfully...
MEMORANDUM OPINION AND ORDER PRYOR, Circuit Judge: "There's no perfect reapportionment plan. A reapportionment plan depends on what the drafter wants to get, and he can draw them many, many, many ways." Dr. Joe Reed, Chairman, Alabama Democratic Conference. (Trial Tr. vol. 2, 155, Aug. 9, 2013). The Constitution of Alabama of 1901 requires the Alabama Legislature to redistrict itself following each decennial census of the United States, Ala. Const. Art. IX, 199-200, but for a half...
OPINION AND ORDER MYRON H. THOMPSON, District Judge. Defendant Charles Dean Partin is charged with transporting a minor across state lines for purposes of committing aggravated statutory rape in violation of 18 U.S.C. 2423(a) and transporting a stolen motor vehicle across state lines in violation of 18 U.S.C. 2312. The court previously appointed a guardian ad litem to represent the interests of the minor who is the alleged victim of Partin's conduct. This cause is now before the court on...
ORDER MARK E. FULLER, District Judge. Before the Court is Timothy McCallan, AmeriCorp, Inc., and Seton, Corp.'s ("Appellants") Motion for Leave to Appeal (Doc. #1-1) an order of bankruptcy Judge William Sawyer denying Appellants' motion to recuse. After Daniel H. Hamm and Daniel G. Hamm ("Appellees") contended the Court was without jurisdiction to hear an appeal from Judge Sawyer's order declining to recuse himself from the trial of the bankruptcy case, the Court ordered the parties to show...
"SOPHISTICATED MEANS" OPINION MYRON H. THOMPSON, District Judge. Defendant Paul Hulse, Sr., pled guilty to one count of interstate transportation of property obtained by fraud, 18 U.S.C. 2314, and a jury found defendants Steven P. Mock and Frank J. Teers guilty of one count of conspiracy to commit wire fraud and financial institution fraud, 18 U.S.C. 1349, six counts of wire fraud, 18 U.S.C. 1343, and three counts of financial institution fraud, 18 U.S.C. 1344. As part of its proposed...
ORDER W. HAROLD ALBRITTON, Senior District Judge. In the original Complaint and the First Amended Complaint filed in this case, subject-matter jurisdiction of this federal court was based on federal-question jurisdiction over the 1983 federal claim and supplemental jurisdiction over the related state-law claims pursuant to 28 U.S.C. 1367(a). On August 21, 2013, the court granted a motion to dismiss the federal claim and all state-law claims against certain Defendants (Doc. #32), leaving...
MEMORANDUM OPINION AND ORDER W. KEITH WATKINS, Chief Judge. I. INTRODUCTION Appellant Daryl Zain Perry is a debtor in a Chapter 7 bankruptcy case pending in the United States Bankruptcy Court for the Middle District of Alabama. In October 2012, Mr. Perry initiated an adversary proceeding against the Internal Revenue Service to determine the dischargeability of debts he allegedly owed for federal income taxes for eleven tax years. 1 After the parties resolved Mr. Perry's tax debts for seven...
MEMORANDUM OPINION AND ORDER W. KEITH WATKINS, Chief Judge. Plaintiff brings this suit pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq. Before the court is Defendant McKesson Corporation's Motion to Dismiss (Doc. # 12), which Defendant Life Insurance Company of North America has joined (Doc. # 18). Plaintiff has responded to the original motion and the joinder (Docs. # 20, 25, respectively), and each Defendant has replied (Docs. # 23, 27,...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, District Judge. I. INTRODUCTION Plaintiff Martha Knox, as Personal Representative of the Estate of Eloise Knox ("Plaintiff"), brings this premises liability action against the United States of America ("Defendant") 1 to recover for injuries Eloise Knox (the "Decedent") suffered when she slipped and fell in the meat section of the Maxwell Air Force Base commissary in Montgomery, Alabama. Now pending before the Court is Defendant's Motion to...
OPINION AND ORDER MYRON H. THOMPSON, District Judge. Plaintiff Kathryn Bielski fell from the attic of a house she was renting, landing on the concrete floor of her garage. She brought this suit against defendant Alfred Saliba Corporation, the company which built the house. She claims that her fall was the result of the company's negligent and wanton lack of care in constructing the attic. Jurisdiction is properly invoked pursuant to 28 U.S.C. 1332 (diversity). This case is now before the...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, District Judge. Before the Court is the Motion for Summary Judgment filed by Defendants Jerry Willis ("Mayor Willis"), Tex Grier ("Grier"), and the City of Wetumpka (the "City") (collectively, "Defendants") on June 14, 2013. (Doc. # 13.) Having carefully reviewed the submissions of the parties, the applicable law, and the record as a whole, the Court finds that Defendants' motion is due to be GRANTED. I. JURISDICTION AND VENUE This Court has...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, District Judge. I. INTRODUCTION This case involves a proposed class action brought on behalf of all children in the custody of the State of Alabama against various state agencies, including the Alabama Administrative Office of the Courts ("AOC"), the Alabama Office of Indigent Defense Services ("OIDS"), the Alabama Department of Finance ("DOF"), and the Alabama Office of the State Comptroller ("OSC") (collectively, the "Agency Defendants"), as...
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON, Senior District Judge. I. INTRODUCTION This case is before the court on three Motions for Summary Judgment filed by Defendants Alabama Alcoholic Beverage Control Board ("ABC Board" or "Board"), Jeff Rogers, and Jean Turner on June 28, 2013. The Plaintiff, Kesia Perry ("Perry"), filed a Complaint in this case on June 14, 2011, bringing claims against the ABC Board and against Jeff Rogers ("Rogers") and Stan Goolsby ("Goolsby") in their...
MEMORANDUM OPINION & ORDER MARK E. FULLER, District Judge. I. INTRODUCTION This case involves various state and federal claims made by Plaintiff Ernest W. Pharr, III ("Plaintiff"), the son of Margaret Ann Pharr ("Ms. Pharr") and the Administrator of her Estate. Plaintiff's claims arise from an accident Ms. Pharr suffered while she was being assisted in walking by Defendant Gwen Williams ("Williams") during her stay as a patient in a long-term care facility owned by Defendant Chapman Health...
OPINION AND ORDER MYRON H. THOMPSON, District Judge. This cause is before the court on defendant Charles Dean Partin's oral motion to continue made on September 9, 2013, in an on-the-record telephone conference. The government does not oppose Partin's request. For the reasons set forth below, the court finds that jury selection and trial, now set for November 18, 2013, should be continued pursuant to 18 U.S.C. 3161(h)(7). While the granting of a continuance is left to the sound discretion...
MEMORANDUM OPINION and ORDER WALLACE CAPEL, Jr., Magistrate Judge. I. INTRODUCTION In this 42 U.S.C. 1983 action, Daniel M. Barley ["Barley"], a state inmate, alleges that rights, privileges or immunities afforded him under the Constitution or laws of the United States have been abridged by the defendants. 1 Barley names former Governor Bob Riley, former Attorney General Troy King, former Director of Public Safety J. Christopher Murphy, former Commissioner of the Alabama Department of...
JUDGMENT MYRON H. THOMPSON, District Judge. In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, AND DECREE of the court that judgment is entered as follows: (1) Because the proposed settlement by and between plaintiffs Dawn and Greg Brown, as parents and next best friends of A.B., a minor, and defendant Dolgencorp, LLC, a corporation is within the economic best interest of said minor child, considering all aspects of the claim, including questions...
OPINION MYRON H. THOMPSON, District Judge. This lawsuit came before the court for hearing on September 6, 2013, for consideration and approval of the full and final settlement of the claims of plaintiffs Dawn and Greg Brown, on behalf of minor A.B., against defendant Dolgencorp, LLC. The court's consideration and approval is necessary because a minor child will receive the settlement. A.B.'s interests are represented by the Brown plaintiffs, as her parents and next friends. Based on the...
MEMORANDUM OPINION WALLACE CAPEL, Jr., Magistrate Judge. I. INTRODUCTION Plaintiff, William Diven Osborne, applied for disability insurance benefits under Title II of the Social Security Act ("the Act"), 42 U.S.C. 401 et seq, and supplemental security income ("SSI") payments under Title XVI of the Act, 42 U.S.C. 1381 et seq. His disability insurance benefits application was denied at the initial administrative level. 1 Plaintiff then received a hearing before an Administrative Law...
