JUDGMENT D.P. MARSHALL, JR. , District Judge . The complaint is dismissed without prejudice.
ORDER D.P. MARSHALL, JR. , District Judge . 1. Bob Porto filed four identical class action lawsuits about lost roofing business against different insurance companies in Arkansas state court. Three — the cases against Safeco, Allstate, and State Farm — were removed. The complaints against Safeco and Allstate have been dismissed without prejudice. State Farm seeks the same result. 2. State Farm's motion, N o 12, is granted. The Court agrees with Judges Holmes and Moody that Porto...
JUDGMENT D.P. MARSHALL, JR. , District Judge . Sardin's petition is dismissed with prejudice.
JUDGMENT D.P. MARSHALL, JR. , District Judge . The complaint is dismissed with prejudice.
ORDER D.P. MARSHALL, JR. , District Judge . It's been more than ninety days since Cruthis filed her complaint. No answer or Rule 12 motion has been filed. Summons issued; but the docket is silent about service. Cruthis must file proof of service, or move to reopen and extend the service period for good cause shown, by 10 January 2018. FED. R. CIV. P. 4(m). If she doesn't, the Court will dismiss her complaint without prejudice. So Ordered.
ORDER D.P. MARSHALL, JR. , District Judge . The Court interprets Steppig's motion as a request to reply under seal to No. 105. His motion, No. 107, is granted. Reply under seal due by 5 January 2018. Steppig must also file a redacted version on the public docket by the same date. So Ordered.
ORDER D.P. MARSHALL, JR. , District Judge . 1. Plaintiffs have moved to conditionally certify a collective action under the Fair Labor Standards Act, for disclosure of contact information for potential opt-in plaintiffs, and for approval of related notices. N o 13. The Court appreciates the parties' stipulation, N o 21, but it must make an independent judgment. 2. In terms of K-Mac's hourly rate and bonus structure, current and former K-Mac general managers, assistant...
ORDER D.P. MARSHALL, JR. , District Judge . Amended motion, No. 29, granted. Tammie Bull, as personal representative of Mr. Bull's estate, is substituted for Mr. Bull as a plaintiff. The Court directs the Clerk to update the docket accordingly. So Ordered.
ORDER D.P. MARSHALL, JR. , District Judge . The Court can't keep the February trial date because of a trial in the Pulaski County school desegregation case. The Scheduling Order, N o 28, is suspended. The parties' motions in limine, N o 80, N o 82, & N o 84, are denied without prejudice. The Court will consider and decide the pending motions for summary judgment. Thereafter, an Amended Final Scheduling Order will issue if a trial is needed. So Ordered.
RECOMMENDED DISPOSITION BETH DEERE , Magistrate Judge . I. Procedures for Filing Objections This Recommended Disposition ("Recommendation") has been sent to Judge J. Leon Holmes. Any party may file written objections to this Recommendation. Objections must be specific and must include the factual or legal basis for the objection. To be considered, objections must be received in the office of the Court Clerk within fourteen (14) days of this Recommendation. If no objections are filed,...
PROPOSED FINDINGS AND RECOMMENDATIONS JOE J. VOLPE , Magistrate Judge . INSTRUCTIONS The following recommended disposition has been sent to United States District Judge James M. Moody, Jr. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original...
ORDER D.P. MARSHALL, JR. , District Judge . 1. As directed, Mensie has added Automotive Warranty Services as a defendant. N o 26 at 3. AWS is the administrator of Mensie's GAP contract. In her amended complaint, Mensie maintains her claims that TMCC violated the GAP contract and the Arkansas Deceptive Trade Practices Act by refusing the waive the full "gap" between what Mensie owed on her vehicle and how much the vehicle was worth just before she wrecked it. She alleges that TMCC...
PROPOSED FINDINGS AND RECOMMENDATIONS JEROME T. KEARNEY , Magistrate Judge . INSTRUCTIONS The following recommended disposition has been sent to United States District Court Judge J. Leon Holmes. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An...
PROPOSED FINDINGS AND RECOMMENDATION JAMES M. MOODY, JR. , Magistrate Judge . INSTRUCTIONS The following Proposed Findings and Recommendation have been sent to United States District Judge James M. Moody Jr. You may file written objections to all or part of this Recommendation. If you do so, those objections must: (1) specifically explain the factual and/or legal basis for your objection; and (2) be received by the Clerk of this Court within fourteen (14) days of this Recommendation. By...
FINDINGS AND RECOMMENDATION PATRICIA S. HARRIS , Magistrate Judge . INSTRUCTIONS The following proposed Findings and Recommendation have been sent to United States District Judge James M. Moody, Jr. You may file written objections to all or part of this Recommendation. If you do so, those objections must: (1) specifically explain the factual and/or legal basis for your objection, and (2) be received by the Clerk of this Court within fourteen (14) days of this Recommendation. By not...
JUDGMENT BRIAN S. MILLER , District Judge . Consistent with the order entered on this day, this case is dismissed without prejudice. IT IS SO ORDERED.
RECOMMENDED DISPOSITION BETH DEERE , Magistrate Judge . I. Procedure for Filing Objections This Recommended Disposition ("Recommendation") has been sent to Chief Judge Brian S. Miller. Any party may file written objections to this Recommendation. If objections are filed, they must be specific and must include the factual or legal basis for your objection. Objections must be received in the office of the United States District Court Clerk within fourteen (14) days of this...
ORDER BRIAN S. MILLER , District Judge . The recommended disposition submitted by United States Magistrate Judge Beth Deere [Doc. No. 40] has been reviewed. No objections have been filed. After a careful review of the record, the recommended disposition is adopted in its entirety. Accordingly, defendants' motions for summary judgment [Doc. Nos. 25, 35] are granted, and the case is dismissed without prejudice for a failure to exhaust administrative remedies. IT IS SO ORDERED.
ORDER JAMES M. MOODY, JR. , District Judge . Pending before the Court is the government's motion for revocation of supervised release of defendant Jimmie Dale Cleaver, Jr. (Docket Entry #3). The government has also requested that a summons be issued for defendant. IT IS HEREBY ORDERED that a hearing on the government's motion to revoke is scheduled for THURSDAY, JANUARY 18, 2018, at 9:30 A.M., in Courtroom #4-A, Richard Sheppard Arnold United States Courthouse, 500 West Capitol Avenue,...
JUDGMENT D.P. MARSHALL, JR. , District Judge . The complaint is dismissed with prejudice.