MEMORANDUM OPINION AND ORDER WILLIAM E. CASSADY, United States Magistrate Judge. Plaintiff brings this action, pursuant to 42 U.S.C. 405(g) and 1383(c)(3), seeking judicial review of a final decision of the Commissioner of Social Security denying his claims for disability insurance benefits and supplemental security income. The parties have consented to the exercise of jurisdiction by the Magistrate Judge, pursuant to 28 U.S.C. 636(c), for all proceedings in this Court. (Doc. 17 ("In...
ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on Defendant's motion for summary judgment (Docs. 187, 188, 217), Plaintiff's Opposition (Doc. 317) and Defendant's Reply (Doc. 334). I. Factual Background On March 20, 2008, multiple Plaintiffs initiated this action against Austal for legal and equitable relief to redress unlawful discrimination and harassment on the basis of race. 1 (Doc. 1). Beverly Thomas ("Thomas") asserts claims for hostile work...
ORDER WILLIAM H. STEELE, Chief District Judge. This matter comes before the Court on the Renewed Motion for Summary Judgment (doc. 58) filed by plaintiff, Essex Insurance Company. The Motion has been briefed and is now ripe for disposition. 1 I. Relevant Background. This declaratory judgment action was brought by Essex Insurance Company to resolve an insurance coverage dispute arising from a slip-and-fall accident at premises owned by its insured, defendant Water's Edge, LLC. The accident...
ORDER WILLIAM H. STEELE, Chief Judge. This matter comes before the Court on defendant's Motion to Dismiss (doc. 6). The Motion has been briefed and is ripe for disposition. 1 I. Background. Plaintiffs, Michael and Rosemarie Brown (the "Browns"), brought a straight-forward, single-count Complaint (doc. 2) against defendant, CitiMortgage, Inc. ("Citi"), in this District Court. The Browns allege that they executed a real estate mortgage with nonparty Travelers Bank & Trust, FSB, in March...
ORDER CALLIE V. S. GRANADE, District Judge. Petitioner, Victor Stephens, (hereinafter referred to as "Petitioner" or "Stephens") initiated this action on April 9, 2001, by filing a Petition for Writ of Habeas Corpus (Doc. 1) pursuant to 28 U.S.C. 2254. The petitioner challenges a 1987 state court judgment of conviction for two counts of capital murder entered in the Fourth Circuit Court, Hale County, Alabama, for which he was sentenced to death by electrocution. (Doc. 1, p. 6). This matter...
ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on Defendant Allen Simms Cole's motion to fix trial in the Northern Division with jury selected from a panel of Northern Division residents. (Doc. 110). A hearing on the motion was held on September 23, 2011 at which the Defendant, defense counsel Fred Tiemann, and Assistant United States Attorney Gloria Bedwell were present. Relying on the Fifth and Sixth Amendments, the Jury Selection and Service Act, 28 U.S.C. 1863,...
ORDER CALLIE V.S. GRANADE, District Judge. This matter is before the court on defendant's motion for summary judgment. (Doc. 37). The parties have filed briefs and evidentiary materials in support of their respective positions (Docs. 38, 41, 47, 48, 50, 55, 58, and 61), and the motion is now ripe for resolution. After careful consideration of the foregoing, the court concludes that the motion is due to be GRANTED in part and DENIED in part. I. FACTUAL BACKGROUND The defendant, Mitchell...
ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on Plaintiff BP Products North America Inc.'s Motion for Summary Judgment (Doc. 31), brief and evidentiary materials in support (Docs. 32, 33 & 41), Defendant Merritt Oil Co., Inc.'s Response (Doc. 36), Defendant R. Fred Walding's Response (Doc. 37), and Plaintiff's Reply (Doc. 38). Upon consideration, and for the reasons set forth herein, Plaintiff's motion for summary judgment is due to be GRANTED. I. Procedural...
ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on Plaintiff's motion for partial summary judgment (Docs. 39, 40, 41, 48), Defendants Cumulus Media, Inc. and Cumulus Broadcasting, LLC's Response (Doc. 49), and Plaintiff's Reply (Doc. 58); Defendants Cumulus Media, Inc. and Cumulus Broadcasting, LLC's' motion for summary judgment (Docs. 43, 44, 45), Plaintiff's Response (Docs. 50, 51, 52, 53, 55, 62) and Defendants Cumulus Media, Inc. and Cumulus Broadcasting, LLC's...
ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on the United States' Motion To Postpone Trial (Doc. 22). Upon consideration, and for the reasons stated herein, the motion is DENIED. The Government argues that good cause for a postponement exists because a hearing on the Defendant's pending motion to suppress (Doc. 18) will not be held until September 7, 2011, nine days after jury selection is scheduled to occur. The Government suggests that, if jury selection...
ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on Defendants' Motion for Summary Judgment (Doc. 29), brief and evidentiary materials in support (Doc. 30) Plaintiff's response, brief and evidentiary materials in support (Doc. 32), and Defendants' reply (Doc. 35). Upon consideration, and for the reasons set forth herein, Defendants' motion for summary judgment is due to be GRANTED in part and DENIED in part. I. Procedural History On March 11, 2010, Plaintiff AK...
ORDER CALLIE V.S. GRANADE, District Judge. After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)( l )(B) and dated January 25, 2011 is ADOPTED as the opinion of this Court. Therefore, plaintiff's motion to remand (Doc. 4) is hereby GRANTED and this action is REMANDED to the Circuit Court of Dallas County, Alabama. It is...
ORDER WILLIAM H. STEELE, Chief Judge. This matter comes before the Court on defendant's Motion to Dismiss (doc. 8). The Motion has been briefed and is now ripe for disposition. I. Relevant Background. On October 15, 2009, plaintiff, Wade Smith, by and through counsel, filed suit in the Circuit Court of Dallas County, Alabama, against Norfolk Southern Railway Company, Inc., concerning a vehicle/train collision that had occurred on October 15, 2007. Smith maintains that Norfolk Southern's...
OPINION and ORDER CHARLES R. BUTLER, JR., Senior Judge. This matter is before the Court on a motion for summary judgment filed by the Defendant, Mobile County Health Department. At issue is whether the Plaintiff, Angela Amos, can adduce sufficient evidence to support her employment discrimination and retaliation claims. After due consideration of the briefs and supporting evidence filed by the parties in light of the applicable law, the Court finds that the motion for summary judgment is due...
ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on Defendant's partial 1 motion for summary judgment (Docs. 171, 172), Plaintiff's Opposition (Doc. 304), and Defendant's Reply (Doc. 330). I. Factual Background On March 20, 2008, multiple Plaintiffs initiated this action against Austal for legal and equitable relief to redress unlawful discrimination and harassment on the basis of race. 2 (Doc. 1). Carlos Johnson ("Johnson") asserts claims for hostile work...
ORDER WILLIAM H. STEELE, Chief Judge. This matter comes before the Court on Defendants' Motion for Summary Judgment (doc. 17). The Motion has been briefed and is ripe for disposition. I. Nature of the Case. Plaintiff, Eric Williamson, brought this action against defendants, the Clarke County Department of Human Resources ("CCDHR") and the State of Alabama, asserting causes of action for employment discrimination under the Americans with Disabilities Act, 42 U.S.C. 12101 et seq., and...
ORDER WILLIAM H. STEELE, Chief Judge. This matter comes before the Court on the Motion for Summary Judgment (doc. 69) and Motion to Strike (doc. 75) filed by defendant City of Demopolis. Both Motions have been briefed and are now ripe for disposition. 1 I. Relevant Background. 2 A. Nature of Plaintiff's Claims. Plaintiff, Jane Doe ("Doe"), brought this action by and through her mother and next friend, Mary Doe, against the City of Demopolis (the "City") and Terrance Smith based on...
ORDER KRISTI K. DuBOSE, District Judge. This action is before the Court on the motion for summary judgment filed by defendant Teledyne Continental Motors, Inc. (TCM) and supporting documents (docs. 135-137), the response and supporting documents filed by Plaintiffs Larry Dale Crouch, Rhonda Mae Crouch, Teddy Lee Hudson, and Carolyn Sue Hudson (Plaintiffs) (doc. 199), TCM's reply (doc. 203), Plaintiffs' sur-response to the reply (doc. 245), and TCM's sur-reply (doc. 267). Upon consideration...
ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on the Plaintiff's Motion for Preliminary Injunction (Doc. 2), the Response in opposition of the Defendants (excluding Defendant Richard E. Blow 1 ) (Doc. 25), and the Plaintiff's Reply (Doc. 31). For the reasons set forth herein, Plaintiff's motion is due to be GRANTED in part and DENIED in part. I. Facts Plaintiff Sylvan Learning Inc. ("Sylvan") is a corporation organized and existing under the laws of the State...
ORDER WILLIAM H. STEELE, Chief Judge. This matter is before the Court on the defendants' motion for summary judgment. (Doc. 22). The parties have filed briefs and evidentiary materials in support of their respective positions, (Docs. 23, 24, 31, 32), and the motion is ripe for resolution. After carefully considering the foregoing and other relevant material in the file, the Court concludes that the motion for summary judgment is due to be granted. BACKGROUND The plaintiff, who is white,...
