MEMORANDUM OF OPINION AND ORDER L. SCOTT COOGLER, District Judge. Before the Court is a Motion to Withdraw Reference (Doc. 1) filed by Defendant LVNV Funding, LLC ("LVNV") on October 24, 2014. For the reasons discussed below, the motion will be GRANTED. I. Background Plaintiff Phillip A. Williams ("Williams") filed for Chapter 13 Bankruptcy with the Bankruptcy Court for the Northern District of Alabama on November 13, 2013. LVNV filed a proof of claim in that case on March 10, 2014,...
MEMORANDUM OF OPINION AND ORDER L. SCOTT COOGLER, District Judge. Before the Court is a Motion to Withdraw Reference (Doc. 1) filed by Defendant LVNV Funding, LLC ("LVNV") on October 24, 2014. For the reasons discussed below, the motion will be GRANTED. I. Background Plaintiff Teresa Walker ("Walker") filed for Chapter 13 Bankruptcy with the Bankruptcy Court for the Northern District of Alabama on August 29, 2013. LVNV filed a proof of claim in that case on December 17, 2013, asserting a...
MEMORANDUM OF OPINION AND ORDER L. SCOTT COOGLER, District Judge. Before the Court is a Motion to Withdraw Reference (Doc. 1) filed by Defendant LVNV Funding, LLC ("LVNV") on October 24, 2014. For the reasons discussed below, the motion will be GRANTED. I. Background Plaintiff Nettie Drummond ("Drummond") filed for Chapter 13 Bankruptcy with the Bankruptcy Court for the Northern District of Alabama on June 13, 2014. LVNV filed a proof of claim in that case on July 3, 2014, asserting a debt...
MEMORANDUM OPINION JOHN E. OTT, Chief Magistrate Judge. Defendants, Birmingham Healthcare, Inc. ("BHC") and Synergy Medical Solutions, Inc. ("Synergy"), have moved for summary judgment pursuant to FEDERAL RULE OF CIVIL PROCEDURE 56 on all of the claims brought by Plaintiff, Sharon Dianne Waltz. (Doc. 50 & 54). 1 The claims arise out of the alleged improper conduct of Jonathan Dunning ("Dunning"), the Chief Executive Officer of BHC and Synergy, during Plaintiff's employment with both...
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, District Judge. This is an action on a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241 in which the petitioner, Osman Jalloh, proceeding pro se, has sought to challenge his continued detention pending removal pursuant to the Immigration and Nationality Act. See generally, Zadvydas v. Davis, 533 U.S. 678 (2001). The respondents have filed a motion to dismiss this action as moot on the grounds the petitioner was released from...
MEMORANDUM OPINION ABDUL K. KALLON, District Judge. Plaintiff Robert John Hagan, III ("Hagan") brings this action pursuant to Section 205(g) of the Social Security Act ("the Act"), 42 U.S.C. 405(g), seeking review of the final adverse decision of the Commissioner of the Social Security Administration ("SSA"). This court finds that the Administrative Law Judge ("ALJ") applied the correct legal standard and that his decision—which has become the decision of the Commissioner—is supported by...
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, District Judge. On November 21, 2014, the magistrate judge entered a Report and Recommendation, (doc. 23), recommending that this petition for writ of habeas corpus treated as a Rule 60(b) motion for relief from judgment and that the motion be denied. Petitioner has filed objections. (Doc. 26). The court has considered the entire file in this action, together with the report and recommendation, and has reached an independent conclusion that the...
MEMORANDUM OPINION MADELINE HUGHES HAIKALA, District Judge. In this declaratory judgment action, plaintiff Auto-Owners Insurance Company asks the Court to declare that under the terms of a commercial general liability policy that Auto-Owners issued to defendant Premiere Restoration & Remodeling, Inc., Auto-Owners does not have a duty to continue to defend or indemnify Premiere against a $125,051.00 default judgment in an underlying state court action. The other defendants in this case,...
DEFENSE MOTION REQUESTING SPECIAL DISCOVERY HEARING TO DETERMINE IF THE LEVEL OF COURT APPOINTED REPRESENTATION WAS ADEQUATE, PURSUANT TO 18 U.S.C. 3006A JOHN H. ENGLAND, III, Magistrate Judge. COMES NOW, the accused ROY DANIEL ELLENBURG in PRO-SE by necessity in the above styled action, within his rights to due processes of law to be heard, and his Constitutionally protected "RIGHT" to petition the government for a redress of grievances, and hereby MOVES this court to demand the...
MEMORANDUM OPINION ABDUL K. KALLON, District Judge. On September 12, 2014, the magistrate judge filed his Report and Recommendation in the above-styled cause, recommending that Plaintiff's motion for summary judgment, doc. 23, be granted. Doc. 29. Defendants filed their objections to the Report and Recommendation on September 26, 2014. Doc. 30. Having now carefully reviewed and considered de novo all the materials in the court file, including the Report and Recommendation, the Court is of...
MEMORANDUM OPINION HARWELL G. DAVIS, III, Magistrate Judge. This matter is before the undersigned U.S. Magistrate Judge based on the consent of the parties pursuant to 28 U.S.C. 636(c) and Rule 73, Fed.R.Civ.P. See Doc. 10. In this action under 42 U.S.C. 405(g) and 1383(c)(3), plaintiff seeks judicial review of an adverse social security ruling which denied claims for disability insurance benefits under Title II of the Social Security Act. (Doc. 1). Upon consideration of the...
MEMORANDUM OPINION AND ORDER MADELINE HUGHES HAIKALA, District Judge. I. Introduction In this action, Macfarlanes, LLP, a London-based law firm, seeks to enforce a judgment that the firm obtained against Charles Lange Clark in London's High Court of Justice, Chancery Division. (Doc. 1, 5). Mr. Clark, an Alabama citizen, hired Macfarlanes to assist with legal matters concerning the estate of his deceased aunt because some of the assets of the estate were located in London. Mr. Clark...
MEMORANDUM OPINION SHARON LOVELACE BLACKBURN, District Judge. Plaintiff Terri Banks Smith brings this action pursuant to 42 U.S.C. 405(g), seeking review of the final decision of the Commissioner of Social Security denying her application for a period of disability and disability insurance benefits ["DIB"]. Upon review of the record, the submissions of the parties, and the relevant law, the court is of the opinion that the Commissioner's decision is due to be affirmed. I. PROCEDURAL...
MEMORANDUM OPINION 1 JOHN H. ENGLAND, III, Magistrate Judge. Plaintiff Milton Watkins ("Watkins") initiated this action against his former employer, Defendant EFP, LLC ("EFP"), for alleged race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. ("Title VII") and Section 1981 of the Civil Rights Act of 1866, 42 U.S.C. 1981 (" 1981"). (Doc. 1). EFP seeks summary judgment on Watkins' claims. (Doc. 14). The motion is fully...
MEMORANDUM OPINION ABDUL K. KALLON, District Judge. Plaintiff Cody Fain brings this action pursuant to Section 205(g) of the Social Security Act ("the Act"), 42 U.S.C. 405(g), seeking review of the adverse decision of the Administrative Law Judge ("ALJ"), which has become the final decision of the Commissioner of the Social Security Administration ("SSA"). For the reasons stated below, by failing to consider the opinion of Fain's treating physician, Dr. E. V. Colvin, the ALJ failed to...
MEMORANDUM OPINION SHARON LOVELACE BLACKBURN, District Judge. This case is before the court on petitioner Jerry Smith's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. 2255. (Doc. 1.) 1 Petitioner sought an evidentiary hearing on his petition, (Docs. 9 and 17), and the court granted petitioner a hearing on the sole issue of whether petitioner's counsel was ineffective for failing to appeal petitioner's case within ten days of sentencing, as petitioner contends he...
MEMORANDUM OPINION SHARON LOVELACE BLACKBURN, District Judge. This case is presently pending before the court on Defendant Mercedes-Benz U.S. International, Inc.'s Motions to Dismiss, or in the Alternative, Motion for More Definite Statement and Motion to Strike. (Doc. 6.) 1 Plaintiff, Charlie "Frankie" Butler, has sued defendant alleging race discrimination under Title VII of the Civil Rights Act of 1964 ("Title VII") and 42 U.S.C. 1981 (" 1981"). Upon consideration of the record, the...
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, District Judge. I. INTRODUCTION Plaintiff Linda Beasley ("Beasley") brings this action under 42 U.S.C. 405(g), Section 205(g) of the Social Security Act. She seeks review of a final adverse decision of the Commissioner of the Social Security Administration ("Commissioner"), who denied her application for disability and disability insurance benefits ("DIB"). Beasley timely pursued and exhausted her administrative remedies available before...
MEMORANDUM OPINION AND ORDER LYNWOOD SMITH, District Judge. Plaintiff, Lisa Wilson, asserts claims against her employer, Big Lots Stores, Inc. ("Big Lots"), for sexual harassment, hostile work environment, and retaliation, pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. 2000 et seq. 1 The case currently is before the court on defendant's motion for summary judgment. 2 Upon consideration of the briefs and evidentiary submissions, the court...
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, District Judge. This is a civil action filed by the pro se plaintiffs, Paschal Paul Brothers, and Sharon J. Stargell Brothers, alleging that the defendant, Andy Saag, violated the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692, et seq., in his communications with the plaintiffs. The surviving counts 1 in the Amended Complaint allege false and misleading misrepresentations "in violation of 15 U.S.C. 1692e" (Count Two), and...
