ORDER WILLIAM H. STEELE, Chief Judge. This matter comes before the Court on the Motion for Summary Judgment (doc. 22) filed by the sole remaining defendant, U.S. Bank, N.A. The Motion has been briefed and is now ripe for disposition. 1 I. Nature of the Case/Procedural Posture. Plaintiffs, Demetric and Deborah Godfrey, originally brought this action against three defendants following a botched construction job to build an addition to their home. In particular, the contractor hired to...
PARTIAL CONSENT AGREEMENT TO A NEW ELECTION DATE CALLIE V. S. GRANADE, District Judge. The Plaintiffs and Defendants stipulate to the following facts: 1. Plaintiffs brought this action challenging both the current (2001) and proposed (2012) redistricting plans for Defendant under Sections 2 and 5 of the Voting Rights Act and the 14th and 15th Amendments based on claims of racial discrimination and mal-apportionment. Plaintiffs also challenged the adoption by Defendants of a new system for...
MEMORANDUM OPINION AND ORDER WILLIAM E. CASSADY, United States Magistrate Judge. A motion to dismiss (Docs. 11, 12) and a motion to remand (Doc. 18) have been filed in this matter, removed from the Circuit Court of Dallas County, Alabama on September 12, 2012 ( see Doc. 1) and on the undersigned's docket pursuant to 28 U.S.C. 636(c) ( see Docs. 17, 20, 22). 1 Both motions have been fully briefed ( see Docs. 19, 23, 27, 28), but, as explained in the October 18, 2012 Order (Doc. 22),...
ORDER WILLIAM H. STEELE, Chief Judge. This matter is before the Court on the plaintiff's motion to remand. (Doc. 10). The parties have filed numerous briefs concerning the propriety of removal, (Docs. 1, 5-7, 10, 15-17), and the motion is ripe for resolution. After careful consideration, the Court concludes that the motion to remand is due to be granted in part and denied in part. BACKGROUND The defendants removed on the basis of diversity of citizenship. The complaint contains four counts....
ORDER CALLIE V.S. GRANADE, District Judge. This matter is before the court on the motion for summary judgment of the defendants, Marion Military Institute ("MMI"), and Col. Thomas L. Tate ("Tate"), in his individual and official capacities (collectively, "the defendants"). (Doc. 69). The defendants and the plaintiff, Reginald D. Marable, Sr. ("Marable"), have filed briefs and evidentiary materials in support of their respective positions, and the motion is now ripe for resolution. After...
ORDER WILLIAM H. STEELE, Chief Judge. This matter is before the Court on the motions to dismiss filed by defendants Compass Marine, Inc. ("Compass") and REC Marine Logistics, LLC ("REC"). (Docs. 45, 46). The interested parties have filed briefs in support of their respective positions, (Docs. 45, 47, 50-53), and the motions are ripe for resolution. After careful consideration, the Court concludes that both motions are due to be granted in part and denied in part. BACKGROUND According to the...
ORDER CALLIE V.S. GRANADE, District Judge. This matter is before the Court on Defendant's motion for summary judgment (Doc. 66), Plaintiff's response and opposition thereto (Doc. 75), and Defendant's reply (Doc. 81). Upon consideration of the parties' briefs and evidentiary submissions (Docs. 65, 66, 66-1 to 66-7, 75, 75-1 to 75-7, 81, and 82), Defendant's motion is due to be GRANTED. I. FACTUAL AND PROCEDURAL BACKGROUND On July 29, 2003, Plaintiff Jacqueline Valrie executed a $115,920....
ORDER SONJA F. BIVINS, United States Magistrate Judge. Plaintiff Claudia M. Reed ("Plaintiff") brings this action seeking judicial review of a final decision of the Commissioner of Social Security denying her claim for a period of disability, disability insurance benefits, and supplemental security income under Titles II and XVI of the Social Security Act, 42 U.S.C. 401 et seq., and 1381 et seq. On April 24, 2012, the parties consented to have the undersigned conduct any and all...
ORDER SONJA F. BIVINS, United States Magistrate Judge. Plaintiff Eula W. Rivers ("Plaintiff") brings this action seeking judicial review of a final decision of the Commissioner of Social Security denying her claim for a period of disability, disability insurance benefits, and supplemental security income under Titles II and XVI of the Social Security Act, 42 U.S.C. 401, et. seq., and 1381, et. seq. On March 26, 2012, the parties consented to have the undersigned conduct any and all...
ORDER WILLIAM H. STEELE, Chief Judge. This matter is before the Court on the parties' cross-motions for summary judgment. (Docs. 53, 57). The parties have submitted briefs, evidentiary materials and other filings in support of their respective positions, (Docs. 54-56, 58-60, 73-76, 88, 90-93), and the motions are ripe for resolution. After careful consideration, the Court concludes that the plaintiffs' motion for summary judgment is due to be denied and that the defendant's motion for summary...
ORDER WILLIAM H. STEELE, Chief Judge. This matter came before the Court for non-jury trial on August 27, 2012. Both sides called witnesses and introduced exhibits into evidence. The record is now closed. Neither party having requested post-trial briefing, and none being necessary or appropriate in this case, the Court now enters findings of fact and conclusions of law, pursuant to Rule 52(a), Fed. R.Civ.P. I. Nature of the Case. Plaintiff, John Joshua Lay, brought this salvage action...
MEMORANDUM OPINION AND ORDER WILLIAM E. CASSADY, Magistrate Judge. The 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 her application for disability insurance benefits ("DIB") and supplemental security income ("SSI"). 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. ( See...
ORDER WILLIAM H. STEELE, Chief District Judge. This matter comes before the Court on the parties' trial briefs concerning whether plaintiff's claims are governed by Alabama standards of premises liability, or by those of traditional negligence. This issue has been briefed and is now ripe for pretrial disposition to guide the parties in their trial preparation efforts. I. Nature of the Case. On March 17, 2010, Eugene M. Costa returned a television set to the Sam's Club store from whence he...
ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on Defendant David Lee Riley's Unopposed Brief and Memorandum of Law Pursuant to 28 U.S.C. 2255, which the Court construes as a motion to vacate, set aside or correct sentence (Doc. 125), 1 and the Government's response thereto (Doc. 126). Upon consideration, and for the reasons set forth herein, Petitioner's motions are due to be GRANTED. I. Procedural Background On July 20, 2010, Defendant pled guilty to...
ORDER SONJA F. BIVINS, Magistrate Judge. Plaintiff James C. Clausell ("Plaintiff" or "Clausell") brings this action seeking judicial review of a final decision of the Commissioner of Social Security denying his claim for supplemental security income under Title XVI of the Social Security Act, 42 U.S.C. 1381 et seq. On July 23, 2012, the parties consented to have the undersigned conduct any and all proceedings in this case. (Doc. 14). Thus, this case was referred to the undersigned to...
ORDER WILLIAM H. STEELE, Chief District Judge. This matter comes before the Court for award of damages and entry of default judgment against defendant, TMI Management Systems, Inc. I. Procedural Posture of the Case. Plaintiffs, Teneace Johnson and Teresa Johnson, brought this action against defendant, TMI Management Systems, Inc. ("TMI"), alleging employment discrimination on the basis of race and gender, as well as retaliation, all in violation of Title VII of the Civil Rights Act of 1964,...
ORDER KATHERINE P. NELSON, Magistrate Judge. This action comes before the court on plaintiff's Second Motion for Default Judgment (doc. 23) and Affidavit in Support (doc. 25). 1 In light of the documentary evidence provided in connection with the Second Motion for Default Judgment, the court cancelled (doc. 24) the evidentiary hearing which had been set to allow plaintiff to submit evidence to support the requested judgment. Background Plaintiff filed this action on March 1, 2012. Doc. 1....
ORDER WILLIAM E. CASSADY, Magistrate Judge. This matter is before the court on consideration of the motions to continue the trial filed on August 6, 2012 (Docs. 33 & 34) and argued during the pretrial conference held on August 7, 2012. Assistant United States Attorney Greg Bordenkircher advised the Court that the United States does not oppose the motions and believes that a valid need exists to continue the trial into the October 2012 criminal term. Upon consideration of the grounds...
REPORT AND RECOMMENDATION KATHERINE P. NELSON, Magistrate Judge. In this action, plaintiff appeals the final decision of the Commissioner denying her claim for a period of disability and disability insurance benefits. This matter has been referred to the undersigned for preparation of a Report and Recommendation pursuant to 28 U.S.C. 636 and Local Rule 72.2(c)(3). By order (doc. 19) dated April 6, 2012, the undersigned granted the parties' joint motion to waive oral argument (doc. 18)....
ORDER CALLIE V. S. GRANADE, District Judge. This matter is before the Court on the motion for summary judgment of the defendant, Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP 1 ("BAC") (Doc. 61), as to six claims brought by the plaintiff, William Forester ("Forester"). Also before the court is Forester's opposition to summary judgment (Doc. 75), and BAC's reply brief (Doc. 76). For the reasons stated below, BAC's motion is due to be GRANTED. I. FACTUAL AND...
