JUDGMENT KRISTINE G. BAKER, District Judge. For the reasons set forth in the Court's Opinion and Order entered on December 3, 2012 (Doc. 65), IT IS HEREBY ORDERED AND ADJUDGED THAT Plaintiff, One Bank & Trust, N.A.'s ( "One Bank" or "Plaintiff" ) Motion for Summary Judgment (Doc. 47) is GRANTED in favor of Plaintiff as to Defendants' counterclaims for fraud and mutual mistake, and GRANTED in favor of Plaintiff as to Plaintiff's claims against The Carmelo Galea Family Insurance Trust on...
PROTECTIVE ORDER KRISTINE G. BAKER, District Judge. The joint motion for protective order, Document No. 16, is granted. 1. Confidential Information, as later defined herein, and obtained by either party in this action, shall be used only for the purpose of this litigation and for no other purpose whatsoever, and shall not be given, shown, made available or communicated in any way to anyone except Qualified Persons, as herein defined. 2. Confidential Information shall be deemed to include,...
ORDER BILLY ROY WILSON, District Judge. Pending is Plaintiff's Rule 59 Motion for New Trial (Doc. No. 319). Defendants have responded. 1 Plaintiff alleges three grounds for a new trial: (1) inappropriate contact between the bailiff and jury; (2) juror misconduct, i.e., reading and discussing newspaper accounts of the trial before reaching a verdict; and (3) the admission of "inadmissible hearsay." A hearing was held on October 19, 2012, and telephone conferences were held on October 22,...
ORDER J. LEON HOLMES, District Judge. This is an adversary proceeding commenced in bankruptcy court in which both parties have requested that the reference be withdrawn. The plaintiffs stated in paragraph 3 of their complaint in the adversary proceeding that they wish the reference be withdrawn and that the case be tried to a jury in district court. The defendant responded by filing a motion to withdraw the reference and for abstention. After filing the motion, the defendant withdrew the...
OPINION LAVENSKI R. SMITH, District Judge. Following the 2010 census, the Arkansas Board of Apportionment 1 ("Board"), consisting of Governor Mike Beebe, Attorney General Dustin McDaniel, and Secretary of State Mark Martin, adopted by a 2-to-1 vote a plan of reapportionment for the Arkansas General Assembly. Relevant to the present dispute, this plan created new Arkansas State Senate ("Senate") District 24, which consists of all of Crittenden County and parts of Lee, Phillips, and St....
ORDER JAMES M. MOODY, District Judge. Pending are motions for summary judgment filed on behalf of Plaintiff, Bank of the Ozarks ("the Bank") and Separate Defendant, Lowery Walter McNeil ("McNeil")(Docket #'s 17 and 23). For the reasons stated herein, the Bank's motion for summary judgment is granted in part and denied in part. McNeil's motion for summary judgment is denied. Facts On or about May 28, 2008, the Bank and Separate Defendant Chiron Equities, LLC ("Chiron") entered into an...
MEMORANDUM AND ORDER A. THOMAS RAY, District Judge. Pending before the Court is a 28 U.S.C. 2241 Petition for a Writ of Habeas Corpus filed by Ricco Conner, an inmate who is currently incarcerated in the Federal Correctional Institution in Forrest City, Arkansas. (Docket entry #1.) Respondent has filed a Response, and Petitioner has filed a Reply. (Docket entries #6 and #11.) Thus, the issues are joined and ready for disposition. I. Background In April 2006, Petitioner pleaded guilty in...
ORDER D.P. MARSHALL, Jr., District Judge. Electrolux Home Products makes Electrolux, Frigidaire, and Kenmore clothes dryers. Tammie Humphrey owns one. She alleges that her dryer is defective because too much lint accumulates in inaccessible parts of it, causing the dryer to stop working properly and creating a fire hazard. She sues, asserting a passel of claims. Humphrey seeks relief for herself and many others: She asks the Court to certify a nation-wide class and a state-wide subclass of...
ORDER H. DAVID YOUNG, District Judge. Plaintiff Robert William Avery, a former inmate incarcerated at the Arkansas Department of Correction, filed this pro se complaint, pursuant to 42 U.S.C. 1983, on February 9, 2012, and was granted leave to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. 1915(a). On August 3, 2012, Plaintiff filed information indicating that he has now been released from custody (docket entry #39). When a plaintiff is released from confinement, the Court'...
ORDER H. DAVID YOUNG, District Judge. Plaintiff Mark Henderson filed a pro se complaint on January 17, 2012. On May 29, 2012, Defendants William Straughn, Linda Erwin, and Michael Ferricher, filed a motion for partial summary judgment, a brief in support, and a statement of facts (docket entries #42-#44). Plaintiff filed a response and brief in support on July 17, 2012 (docket entries #61-#62). I. Standard of review Summary judgment is only appropriate "if the pleadings, depositions,...
ORDER H. DAVID YOUNG, District Judge. Plaintiff has appealed the final decision of the Commissioner of the Social Security Administration to deny her claim for supplemental security income (SSI). In this judicial review, the Court must determine whether there is substantial evidence in the administrative record to support the Commissioner's decision. 42 U.S.C. 405(g). This Court's review function is limited to determining whether the Commissioner's findings are supported by substantial...
ORDER D.P. MARSHALL, Jr., District Judge. Jason Trickey worked for the Division of Youth Services, a slice of the Arkansas Department of Human Services. He brings this suit under Titles I and II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, alleging a failure to accommodate and disability-related retaliation. The Defendants move to dismiss the complaint in its entirety. 1. Title I. The motion is denied as to Trickey's official-capacity Title I claim....
ORDER BILLY ROY WILSON, District Judge. 1. Plaintiff's Motion to Allow Evidence of Defendants' Conduct During the Compensatory Phase or in the Alternative to Declare Ark. Code Ann. 16-55-211 Unconstitutional (Doc. No. 157) is DENIED. 2. Defendants' Motion to Exclude Expert Opinion Testimony by Dr. Ronda Henry-Tillman (Doc. No. 162) is MOOT, since Plaintiff indicated that she will not present evidence of specific causation from this witness. 3. Deposition Designations — Apparently I did...
ORDER DAVID YOUNG, Magistrate Judge. On July 19, 2012, Defendants filed a motion to dismiss, along with a brief in support, asserting that Plaintiff has failed to update his address as required by the Court's Local Rule 5.5(c)(2). 1 Although more than 14 days have passed, Plaintiff has not responded to the motion. Plaintiff's address of record is at the Arkansas Department of Correction ("ADC"). However, as Defendants note, according to the website maintained by the ADC, Plaintiff is no...
OPINION AND ORDER J. LEON HOLMES, District Judge. This action arises from an irrevocable trust created by Peggy D. Harvill, the deceased mother of Catherine Evans Harvill and wife of F. Evans Harvill, as well as an amendment to the trust signed by F. Evans Harvill as attorney in fact for Peggy D. Harvill. Regions Bank is the administrator of the trust. Catherine Evans Harvill seeks a declaratory judgment declaring that the amendment was void. She alleges that Regions Bank violated its...
ORDER J. LEON HOLMES, District Judge. Jason Vickers commenced this action against Inergy Transportation, LLC, Inergy, L.P., and Inergy Holdings, L.P., pursuant to the Fair Labor Standards Act, 29 U.S.C. 201 et seq., and the Minimum Wage Act of the State of Arkansas, Ark. Code Ann. 11-4-201 et seq. The defendants have moved to dismiss the complaint pursuant to Rule 12(b)(6) or, in the alternative, for a more definite statement. Vickers has responded with fairly cursory arguments to...
ORDER J. LEON HOLMES, District Judge. The Court has received a Partial Recommended Disposition ("Recommendation") from Magistrate Judge Beth Deere. After careful review of the Recommendation, James Ken Anderson's timely objections, as well as a de novo review of the record, the Court concludes that the Partial Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects. Anderson's motion for temporary restraining order and preliminary...
ORDER J. LEON HOLMES, District Judge. The Court has received a Partial Recommended Disposition ("Recommendation") from Magistrate Judge Beth Deere. After careful review of the Recommendation, James Ken Anderson's timely objections, as well as a de novo review of the record, the Court concludes that the Partial Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects. Anderson's motion to amend his complaint is DENIED. Document #169....
OPINION AND ORDER J. LEON HOLMES, District Judge. Mark E. Campbell is a prisoner in the Maximum Security Unit of the Arkansas Department of Correction ("ADC"). On July 22, 2010, he was stabbed by inmate Billy Souther while both men were in the satellite dining hall of the Varner Unit. In February of 2011, Campbell commenced this section 1983 action alleging that the defendants failed to protect him from Souther's attack. Specifically, he contends that defendants: (1) Former Warden Grant...
ORDER J. LEON HOLMES, District Judge. On June 15, 2012, the defendants filed a motion for summary judgment. On June 18, 2012, Magistrate Judge Beth Deere entered an order notifying Muhammad of his opportunity to file a response to the motion within fourteen (14) days and directing him, if he opposed the motion, to file an affidavit as well as a short statement setting forth the disputed facts that he believes must be decided at trial as required by Local Rule 56.1. Muhammad did not respond....
