MEMORANDUM OPINION AND ORDER KATHERINE P. NELSON , Magistrate Judge . Plaintiff Freddie L. Carlisle, Jr. brought this action under 42 U.S.C. 405(g) and 1383(c)(3) seeking judicial review of a final decision of the Defendant Commissioner of Social Security ("the Commissioner") denying his applications for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401, et seq., and for supplemental security income ("SSI")...
ORDER WILLIAM H. STEELE , District Judge . This matter comes before the Court on Defendants' Motion for Partial Summary Judgment (doc. 33). The Motion has been briefed and is ripe for disposition. 1 I. Background Facts. 2 These claims allege injuries arising from the failure of certain mesh products manufactured by defendant Ethicon, Inc. Plaintiff Kimberly Aldridge suffered from stress incontinence for which she received medical care from Dr. Marshall Shoemaker at Thomas Hospital in...
JUDGMENT CALLIE V.S. GRANADE , Senior District Judge . In accordance with the Order entered on this date adopting the recommendation of the Magistrate Judge, it is ADJUDGED and DECREED that JUDGMENT is entered in favor of the Defendant Commissioner of Social Security and against Plaintiff Valerie Nelson. DONE and ORDERED.
ORDER CALLIE V.S. GRANADE , Senior District Judge . After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b)(1), and S.D. Ala. GenLR 72(a)(2)(W), and dated February 6, 2020, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the final decision of the Defendant Commissioner of Social...
ORDER JEFFREY U. BEAVERSTOCK , District Judge . This matter is before the Court on Defendant Quicken Loans, Inc.'s ("Quicken") Motion for Summary Judgment and supporting memorandum of law (Docs. 77 and 78), Plaintiff's Response in Opposition (Doc. 84), and Defendant's Reply (Doc. 88). The Motion is ripe for review. After careful consideration, the Court finds Defendant's Motion is due to be GRANTED on the grounds and for the reasons set out in this Order. I. BACKGROUND Plaintiff,...
MEMORANDUM OPINION AND ORDER KATHERINE P. NELSON , Magistrate Judge . Plaintiff Veronica Richardson brought this action under 42 U.S.C. 405(g) and 1383(c)(3) seeking judicial review of a final decision of the Defendant Commissioner of Social Security ("the Commissioner") denying her applications for a period of disability and disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401, et seq., and for supplemental security income ("SSI") under...
ORDER KRISTI K. DuBOSE , Chief District Judge . After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) is ADOPTED as the opinion of this court. Accordingly, it is ORDERED that this action is DISMISSED without prejudice for failure to prosecute and to obey the Court's order. DONE.
ORDER CALLIE V.S. GRANADE , Senior District Judge . This matter is before the Court on Defendant's motion to seal case (Doc. 49). Defendant requests that the court seal his case from any public access and prevent access to his case from electronic law libraries. For the reasons explained below, the Court finds that the motion should be denied. Court proceedings generally are not confidential, and while a court may order confidentiality and seal part of a record for cause, the presumption...
ORDER KRISTI K. DUBOSE , District Judge . This matter is before the Court on Petitioner Saunders' Motion to Alter Judgment per Fed.R.Civ.P. Rule 60(b)(1) (Doc. 59) and the State of Alabama's Response (Doc. 62). I. Background On February 1, 2019, the Court denied Saunders' amended 28 U.S.C. 2254 habeas petition. (Docs. 51 and 52) The Court issued a certificate of appealability as to claim 1.b. — "... Saunders's trial counsel was ineffective during the guilt phase because even if...
MEMORANDUM OPINION AND ORDER WILLIAM E. CASSADY , Magistrate Judge . This cause is before the Court on the October 7, 2019 Notice of Removal (Doc. 1) filed by Defendants GEICO Casualty Company and Brian Dozier ("Removing Defendants") and the November 6, 2019 Motion to Remand (Doc. 4) filed by Plaintiff Jacinta McCaskey. The issues having been fully briefed and arguments from all parties have been heard. After careful consideration of the parties' briefs, arguments and pleadings, and for...
FINAL ORDER OF FORFEITURE TERRY F. MOORER , District Judge . This cause now comes before the Court upon the United States' motion for a Final Order of Forfeiture for the following property: Rohm .22 caliber, Model RG14 with obliterated serial number The Court hereby finds that the motion is due to be granted, for the reasons set forth therein and as set out below: On November 20, 2019, the United States filed a motion for preliminary order of forfeiture for the firearm. Doc. 25,...
FINAL ORDER OF FORFEITURE TERRY F. MOORER , District Judge . This cause now comes before the Court upon the United States' motion for a Final Order of Forfeiture for the following property: One Hi-Point, model JHP, .45 caliber handgun, serial number X400878; One Charter Arms Company, 410 shotgun, Saint Louis model, serial number unknown; and, One 12 gauge shotgun, model Western Field, serial number 35613 The Court hereby finds that the motion is due to be granted, for the reasons...
MEMORANDUM OPINION AND ORDER TERRY F. MOORER , District Judge . Pending before the Court is Plaintiffs' Motion for Default Judgment. Doc. 20, filed June 26, 2019. Plaintiffs request the Court enter a default judgment in their favor and against Defendant All State Van Lines Relocation, Inc. Id. Having considered the motion and relevant law, the Court finds the Motion for Default Judgment is due to be GRANTED as to its claim for $70,000.00 in damages. I. JURISDICTION The Court has...
ORDER KRISTI K. DuBOSE , CHIEF UNITED STATES DISTRICT JUDGE . This action is before the Court on the motion for summary judgment filed by Defendant The Solid Waste Disposal Authority of the City of Mobile (the Authority) and evidence in support, Plaintiff WM Mobile Bay Environmental Center, Inc.'s (WM Mobile) response and evidence in support, and the Authority's reply and evidence in support (docs. 115, 124, 134, 148); and the motion for summary judgment filed by Plaintiff WM Mobile and...
ORDER TERRY F. MOORER , District Judge . Pending before the court is a Motion for Voluntary Dismissal with Prejudice (Doc. 45, filed 3/3/20). The Rules of Civil Procedure permit a plaintiff to voluntarily dismiss the action without an order of the court "by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment" or "a stipulation signed by all parties who have appeared." FED. R. CIV. P. 41(a)(1)(A). Alternatively, Rule 41(a)(2)...
ORDER WILLIAM H. STEELE , District Judge . This matter is before the Court on the defendants' motion to dismiss. (Doc. 22). The parties have filed briefs in support of their respective positions, (Docs. 22-1, 26, 27, 28), and the motion is ripe for resolution. After careful consideration, the Court concludes the motion is due to be denied. BACKGROUND According to the complaint, (Doc. 1), the defendants own and operate a local television station ("WPMI"). In early October 2017, the...
MEMORANDUM OPINION AND ORDER FRCP 9(h) In Admiralty TERRY F. MOORER , District Judge . Pending before the Court is Intervenor Plaintiff Alabama Shipyard, LLC's, Motion for Payment of In Custodia Legis Expenses. Doc. 57, filed December 9, 2019. Alabama Shipyard, LLC, requests the Court order the Clerk of Court to pay Alabama Shipyard, LLC, from the sale proceeds of the M/Y BRAMBLE for Alabama Shipyard, LLC's, provision of docking facilities and fuel storage for the M/Y BRAMBLE while it...
ORDER KRISTI K. DuBOSE , CHIEF UNITED STATES DISTRICT JUDGE . This matter is before the Court on the Defendants' motion for summary judgment (Doc. 22), the Plaintiffs' Response (Doc. 25) and the Defendants' Reply (Doc. 26). I. Findings of Fact 1 On May 23, 2019, Plaintiff Donald A. Zalimeni, Jr. (Zalimeni) initiated this maritime action (Jones Act case) for negligence, unseaworthiness, and maintenance and cure, against Defendants Cooper Marine and Timberlands Corp. (CMT) (an...
MEMORANDUM OPINION AND ORDER TERRY F. MOORER , District Judge . On January 24, 2020, the Magistrate Judge entered a Report and Recommendation which recommends Plaintiff's complaint be dismissed—some claims with prejudice and other claims without prejudice with leave to amend. See Doc. 30. No objections were filed. After due and proper consideration of all portions of this file deemed relevant to the issues raised, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C....
FINAL JUDGMENT BASED ON SETTLEMENT AGREEMENT CALLIE V.S. GRANADE , Senior District Judge . The parties moved jointly for order of final judgment based on settlement agreement (Doc. 68). The Court has reviewed the motion and attached settlement which settles all of the presently known issues between all existing parties in this case. Upon consideration, it is hereby ORDERED, ADJUDGED, and DECREED: 1. The Clerk shall pay the following out of the funds deposited in this Court by...
