MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, District Judge. This civil action was originally filed in the Circuit Court of Blount County, Alabama, on July 9, 2013. (Doc. 1-1 at 2). In the complaint, the plaintiff, Deutsche Bank National Trust Company ("Deutsche Bank"), sued Christopher Baxter, Vickie Baxter, and Anthony Baxter "to recover possession of [certain] real property" located in Blount County, Alabama. (Doc. 1-1 at 2). Thereafter, Christopher and Vickie Baxter ("the Baxters"),...
MEMORANDUM OPINION KARON OWEN BOWDRE, District Judge. This matter, a cross appeal from an administrative due process hearing Decision issued pursuant to the Individual with Disabilities Education Act ("IDEA") and the Alabama Exceptional Child Education Act, is before the court on two motions: "Defendant/Counter-Plaintiff's Motion for Judgment on the `Appropriate Education' Issue" (doc. 16) and "The Jefferson County Board of Education's Motion for Summary Judgment (Judgment on the Record) on...
MEMORANDUM OPINION KARON OWEN BOWDRE, District Judge. This matter comes before the court on appeal from an Order of the Bankruptcy Court for the Northern District of Alabama, In re Quality Properties, LLC, Case No. 10-42783-JJR-11. 1 The Bankruptcy Court, in an Order entered January 31, 2011, held that Quality's leasehold interest continued despite its assignor's rejection of the lease in a prior bankruptcy, and granted Quality's motion to assume the Lease and Assignment. Id. at Doc....
MEMORANDUM OPINION KARON OWEN BOWDRE, Chief Judge. This matter comes before the court on the "Joint Motion to Dismiss by Defendant City of Center Point, Alabama and Defendant Redflex Traffic Systems Inc." (Doc. 5). Plaintiffs Rhonda Lashon Stubbs and Celeita Snow brought a class action complaint in the Circuit Court of Jefferson County, Alabama, claiming the City of Center Point's traffic camera citation system violates Plaintiffs' due process rights. Defendants removed the case to federal...
MEMORANDUM OPINION AND ORDER C. LYNWOOD SMITH, JR., District Judge. Plaintiff, Johnny Coppett, filed this case on December 15, 2011, asserting claims for violations of Sections 501 and 504 of the Rehabilitation Act of 1973, 29 U.S.C. 791, 794, and a supplemental state law claim for outrage, against the following defendants: his employer, the Tennessee Valley Authority ("TVA"); Tom Kilgore, the "head" of TVA; Dennis Bottorff, Chairman of the Board of Directors of TVA; and Marilyn A. Brown,...
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, District Judge. I. INTRODUCTION A. Procedural History Plaintiff James L. Ward ("Mr. Ward") initiated this job discrimination lawsuit against Defendants United Parcel Service ("UPS"), Russell Hamrac ("Mr. Hamrac"), and Ron Headley ("Mr. Headley"), arising under the Americans with Disabilities Act (the "ADA"), as amended in 2008 by the ADA Amendments Act (the "ADAA"), 1 the Uniformed Services Employment and Reemployment Rights Act of 1994 (the "...
MEMORANDUM OPINION JAMES H. HANCOCK, Senior District Judge. The court has before it the July 1, 2013 Motion (Doc. # 34) of Defendant RockTenn CP, LLC for Summary Judgment. Pursuant to the court's July 3, 2013, and July 12, 2013 orders (Docs. # 38 & 40), the Motion was deemed submitted, without oral argument, on August 30, 2013. After careful review of the briefs and admissible evidence, the court concludes that the Motion (Doc. # 34) for Summary Judgment is due to be granted in part and...
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, District Judge. This is a civil action filed on October 31, 2012, by the plaintiff, Debra Parrott, against the defendant, PNC Bank, National Association, the successor entity to the Royal Bank of Canada d/b/a, RBC Bank Services USA ("PNC"), her former employer. (Doc. 1, 14, 22). 1 The Second Amended Complaint, sets out only one count. In that count, the plaintiff claims that PNC discriminated against her because of her age in violation of the Age...
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, District Judge. This is a civil action filed by the plaintiff, John Garrett, against the defendants, the Talladega County Drug and Violent Crime Task Force ("Task Force") and Jim Pritchett. The complaint alleges, against the Task Force only, a claim for violation of 42 U.S.C. 1983 (Count One), and, against both the Task Force and Jim Pritchett, Alabama state law claims of conversion (Count Two) and replevin (Count Three). (Doc. 1). All counts...
MEMORANDUM OPINION AND ORDER CHARLES LYNWOOD SMITH, JR., District Judge. Barbara Bobo commenced this action against nine defendants. 1 Eight of those were dismissed pursuant to stipulations for dismissal, 2 leaving only her claims against the Tennessee Valley Authority ("TVA"). TVA filed two motions for summary judgment. The first is based upon the so-called "discretionary function doctrine." 3 The second motion argues that Mrs. Bobo does not have sufficient evidence to give rise to a...
MEMORANDUM OPINION AND ORDER C. LYNWOOD SMITH, JR., District Judge. Plaintiff, Debrah J. Moore, asserts a single claim for disability discrimination pursuant to the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq. (the "Rehabilitation Act" or "the Act"), against her former employer, the Jackson County Board of Education, as well as against Kenneth Harding, the Superintendent of the Jackson County Board of Education. 1 The case currently is before the court on defendants' motion for...
MEMORANDUM OPINION KARON OWEN BOWDRE, District Judge. I. INTRODUCTION On March 10, 2008, the claimant, Earnestine Sanders, applied for social security insurance benefits under Title II of the Social Security Act, a period of disability under Title XVIII of the Social Security Act, and supplemental security income under Title XVI of the Social Security Act. The claimant alleges disability commencing on January 4, 2008 because of depression, anxiety disorder, borderline personality disorder,...
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, District Judge. I. INTRODUCTION Plaintiff John Nunnelee ("Mr. Nunnelee") initiated this property damage action against the United States of America (the "Government") on June 14, 2011. (Doc. 1). At that particular juncture, Mr. Nunnelee was proceeding pro se. Subsequently, due to the complexity of the case, on October 5, 2011, the court appointed counsel to represent Mr. Nunnelee. (Doc. 14). Mr. Nunnelee filed a first amended complaint on...
MEMORANDUM OPINION 1 VIRGINIA EMERSON HOPKINS, District Judge. Plaintiff Steven Parker ("Mr. Parker") brings this action under 42 U.S.C. 405(g) (2006), Section 205(g) of the Social Security Act. He seeks review of a final adverse decision of the Commissioner of the Social Security Administration ("Commissioner"), who denied his application for application for disability, disability insurance benefits ("DIB"), and Supplemental Security Income ("SSI"). 2 Mr. Parker has timely pursued...
MEMORANDUM OPINION 1 VIRGINIA EMERSON HOPKINS, District Judge. Plaintiff Charlotte King ("Ms. King") brings this action pursuant to 42 U.S.C. 1382c(3)(A), 1614(a)(3)(A) of the Social Security Act (the "Act"). She seeks review of a final adverse decision of the Commissioner of the Social Security Administration (hereinafter "Commissioner" or "Secretary"), who denied her application for Supplemental Security Income ("SSI"). 2 Ms. King has timely pursued and exhausted her administrative...
MEMORANDUM OF OPINION INGE PRYTZ JOHNSON, Senior District Judge. The plaintiff, Ricky Lee Scruggs, hereinafter referred to as "the plaintiff," has filed a pro se complaint pursuant to 42 U.S.C. 1983, alleging that rights, privileges, or immunities afforded him under the Constitution or laws of the United States were abridged during his incarceration at the Madison Detention Facility. The magistrate judge filed a report and recommendation on August 22, 2013, recommending that summary...
MEMORANDUM OPINION ABDUL K. KALLON, District Judge. On February 4, 2013, Petitioner Orlando E. Carrasco ("Carrasco") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. Doc. 1. At the time he filed his petition, Carrasco, a native of Belize, was incarcerated at the Etowah County Detention Center, in the custody of the Bureau of Immigration and Customs Enforcement ("ICE"). In his petition, Carrasco alleged that he was being illegally detained by ICE pending his...
MEMORANDUM OPINION AND ORDER VIRGINIA EMERSON HOPKINS, District Judge. On August 7, 2013, this court granted summary judgment in favor of Defendant and dismissed Plaintiff's case with prejudice. (Docs. 29, 30). On September 9, 2013, 1 Plaintiff filed a Motion asking for Reconsideration on case Dismissal (Doc. 33) (the "Motion") relating to the court's summary judgment ruling that was adverse to her. On September 10, 2013, Plaintiff filed a Notice of Appeal (Doc. 34) (the "Second Motion"),...
MEMORANDUM OPINION WILLIAM M. ACKER, JR., District Judge. This case follows upon a mortgage default and subsequent foreclosure. Plaintiff and counterclaim defendant Deutsche Bank Trust Company Americas, as trustee for RALI 2005QS10, ("Deutsche") brought suit for ejectment against defendant and counterclaim plaintiff Ashley Garst ("Garst") for possession of Garst's residence after a foreclosure sale at which Deutsche was the purchaser. Garst denies that Deutsche has a present right to...
MEMORANDUM OPINION INGE PRYTZ JOHNSON, Senior District Judge. Petitioner John Forrest Coon is serving a 180 month sentence that the Court imposed in 2008 after Mr. Coon pled guilty to charges concerning his illegal possession of firearms. Pursuant to 28 U.S.C. 2255, Mr. Coon asks the Court to vacate, set aside, or correct his federal sentence. (Doc. 1). 1 He contends that the Court should not have applied the career criminal sentence enhancement because the state court convictions that...
