MEMORANDUM OPINION MADELINE HUGHES HAIKALA , District Judge . On November 20, 2017, the magistrate judge filed a report in which he recommended that the Court dismiss without prejudice as time barred petitioner Rickey Glenn Langford's 28 U.S.C. 2244 petition for writ of habeas corpus. (Doc. 12). Mr. Langford filed objections to the report and recommendation. (Doc. 13). A district court "may accept, reject, or modify, in whole or part, the findings or recommendations made by the...
MEMORANDUM OPINION R. DAVID PROCTOR , District Judge . This case is before the court on Defendant's Motion for Summary Judgment (Doc. # 25). The parties have fully briefed the motion (Docs. # 27, 32-34), and it is under submission. After careful review, and for the reasons explained below, the court concludes Defendant's Motion for Summary Judgment (Doc. # 25) is due to be granted. I. Factual Background 1 Plaintiff worked for Defendant, a flat-bed trucking company, from 1980 to 2013. (...
MEMORANDUM OPINION MADELINE HUGHES HAIKALA , District Judge . On November 7, 2017, the magistrate judge entered a report in which he recommended that the Court deny and dismiss petitioner Antione Ray Watts's 28 U.S.C. 2254 petition for writ of habeas corpus because the petition is time-barred and because equitable tolling does not apply under the circumstances of this case. (Doc. 8). The magistrate judge advised the parties of their right to file objections within 14 days. (Doc. 8, pp....
MEMORANDUM OPINION MADELINE HUGHES HAIKALA , District Judge . Pursuant to 42 U.S.C. 405(g), plaintiff Christa Poole seeks judicial review of a final adverse decision of the Commissioner of Social Security. The Commissioner denied Ms. Poole's claim for a period of disability and disability insurance. After careful review, the Court affirms the Commissioner's decision. 1 I. PROCEDURAL HISTORY Ms. Poole applied for a period of disability and disability insurance benefits on July 26,...
MEMORANDUM OPINION JOHN E. OTT , Chief Magistrate Judge . This case is before the Court on the Defendants' motions to dismiss plaintiff Philip Boler's amended complaint. The case arises out of the Defendants' alleged improper servicing of Boler's mortgage loan. In his amended complaint, Boler alleges that the Defendants violated the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. 2601 et seq., breached the terms of his note and mortgage, and committed a variety of state law...
MEMORANDUM OPINION JOHN E. OTT , Chief Magistrate Judge . This case is before the Court on defendant UAB Health System's motion to dismiss the plaintiff's complaint. (Doc. 19). The plaintiff has not opposed or otherwise responded to the motion. As discussed below, the motion to dismiss is due to be granted. DISCUSSION The plaintiff filed her complaint against UAB Health System on October 11, 2016, alleging "repeated violations" of the Fair Debt Collection Practices Act and the Telephone...
MEMORANDUM OPINION AND ORDER ABDUL K. KALLON , District Judge . Dean Foods Company, Inc., 1 timely removed this slip-and-fall negligence case from the Circuit Court of Madison County, Alabama asserting diversity jurisdiction pursuant to 28 U.S.C. 1332, 1441, and 1446. Doc. 1 at 1. Following removal, the parties conducted a Rule 26(f) scheduling conference and made their initial disclosures. Shortly thereafter, Charlene Delorenzo moved for leave to amend her complaint in order to...
MEMORANDUM OPINION C. Lynwood Smith, Jr. , United States District Judge . "Theodor Seuss Geisel (perhaps better known as Dr. Seuss) is said to have observed, `Sometimes the questions are complicated and the answers are simple.'" 1 Regrettably, this is not one of those times. Not only are the issues in this case complex, but so also are their answers. I. SUMMARY OF FACTS Plaintiff, Shannon Rutherford, seeks damages for personal injuries sustained on Redstone Arsenal: a 38,125 acre (7.9...
MEMORANDUM OPINION AND ORDER VIRGINIA EMERSON HOPKINS , United States District Judge . I. Introduction Plaintiff Glen L. Brawley ("Dr. Brawley") originally filed this insurance action in the Circuit Court of Jefferson County, Alabama, on August 1, 2017. (Doc. 1-1 at 8). 1 Dr. Brawley claims that he is disabled and can no longer work as an orthodontist. His case against Northwestern Mutual Life Insurance Company ("Northwestern") and two resident insurance agents — Jack Wright ("Dr....
MEMORANDUM OPINION JOHN E. OTT , Chief Magistrate Judge . In this action, Cedric Yarbrough ("Plaintiff") claims that his former employer, Kamtek, Inc. ("Defendant"), discharged him because of his race and gender and in retaliation for complaining about discrimination, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended, 42 U.S.C. 2000e et seq. (Doc. 1 4, Amended Complaint). He also asserts that he was sexually harassed while he worked for Kamtek. The...
MEMORANDUM OPINION ABDUL K. KALLON , District Judge . Shortly before his mother died, Aaron Patterson called Metropolitan Life Insurance Company to request another copy of his mother's life insurance policy. MetLife sent an "Acknowledgment of Insurance," which incorrectly stated the face value of the policy as $250,000, when the correct value was $25,000. In light of Patterson's belief that MetLife is bound by its mistake and should pay $250,000 instead of the actual face value, Patterson...
MEMORANDUM OPINION MADELINE HUGHES HAIKALA , District Judge . Plaintiff Kenneth Roberts brought this action under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201, et seq., against defendant M&M Tire & Mechanical Services, Inc. for unpaid overtime wages. (Doc. 1). The parties have reached an agreement resolving Mr. Roberts's FLSA claim. (Doc. 15). Pursuant to Lynn's Food Stores, Inc. v. U.S. ex. Rel. U.S. Dep't of Labor, 679 F.2d 1350 (11th Cir. 1982), the parties ask the Court...
MEMORANDUM OPINION R. DAVID PROCTOR , District Judge . This "mixed-case appeal" is before the court on Plaintiff's petition for judicial review of the final decision of the United States Merit Systems Protection Board ("MSPB"). The petition has been fully briefed. (Docs. # 55, 61, 64). After careful review, and for the following reasons, the MSPB's decision is due to be affirmed. I. Background On October 10, 2010, Plaintiff Amy Murphy ("Plaintiff" or "Murphy") began working as a NH-III...
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS , District Judge . I. INTRODUCTION The above-entitled civil action is before the Court on Plaintiff Joe Hand Promotions Inc.'s ("JHP") Motion for Default Judgment. (Doc. 24). JHP seeks a judgment by default against Defendants Eric Albright and Whiskey Creek Bar and Grill, LLC ("Whiskey Creek") with respect to all claims alleged in its complaint. JHP filed the complaint in this action on November 23, 2016. (Doc. 1). JHP then filed its Amended...
MEMORANDUM OPINION AND ORDER ABDUL K. KALLON , District Judge . Billy Paul Ramsey brings this employment discrimination case under the Americans with Disabilities Act of 1990, 104 Stat. 327, 42 U.S.C. 12101 et seq. (the ADA) and the Tennessee Human Rights Act, T.C.A. 4-21-101 et seq. (the THRA), against his employer, Greenbush Logistics, Inc. Ramsey alleges that Greenbush failed to reasonably accommodate his disability and retaliated against him when he requested an accommodation...
MEMORANDUM OPINION R. DAVID PROCTOR , District Judge . This matter is before the court on Defendants' Motion to Dismiss. (Doc. # 14). For the reasons explained below, the Motion (Docs. # 14) is due to be granted. I. Background 1 On November 3, 2017, Plaintiff Lisa Hope Antoine ("Plaintiff") filed this Complaint against the Honorable Eugene Raymond Verin ("Judge Verin"), the Honorable Terri Willingham Thomas ("Judge Thomas"), the Honorable William Cooper Thompson ("Judge Thompson"), the...
MEMORANDUM OPINION 1 JOHN H. ENGLAND, III , Magistrate Judge . Plaintiffs Ira Joe Harris ("Harris"), Nakial Holland ("Holland"), and Andrew Burns ("Burns") (collectively, the "Plaintiffs") and Defendants Waste Services of Alabama, LLC ("Waste Services") and Santek Waste Services, Inc. ("Santek") (collectively, the "Defendants") have jointly requested approval of their settlement agreement, which represents the resolution of a disputed matter under the Fair Labor Standards Act, 29 U.S.C....
MEMORANDUM OPINION AND ORDER KARON OWEN BOWDRE , District Judge . Several motions are before the court concerning who should receive the proceeds of the settlement reached in this wrongful death case. But first some history. Plaintiff, the estate of Renee Nicole Kelley, filed suit against DaVita Accountable Care Solutions, alleging that Defendant was responsible for Mrs. Kelley's wrongful death. (Doc. 1-1). At the time Plaintiff brought the suit, Mrs. Kelley's husband, Daniel Bryan Kelley,...
Memorandum of Opinion L. SCOTT COOGLER , District Judge . Before this Court is Metro Recycling Inc. ("Metro")'s Motion to Dismiss. (Doc. 4.) The Motion has been fully brief and is now ripe for decision. For the reasons described below, the Motion is due to be GRANTED. I. Background Metro owns and formerly operated a used-tire landfill, which discharges pollutants into tributaries of Whites Creek, which is itself a tributary of the Locust Fork of the Black Warrior River. Members of Black...
MEMORANDUM OPINION 1 JOHN H. ENGLAND, III , Magistrate Judge . Plaintiffs Fred Beane ("Beane") and Newco, Inc. ("Newco") initiated this action against MCoal Corporation ("MCoal") alleging a state law claim for breach of contract based on MCoal's alleged failure to pay the plaintiffs a "Gross Overriding Royalty" payment and seeking injunctive relief to prevent MCoal from transferring its permit to the subject mine. (Doc. 1). On September 13, 2017, Lewis Page, counsel for MCoal moved to...
