DECREE OF FORECLOSURE SUSAN O. HICKEY, District Judge. Now on this 17 th day of December 2012, this case comes on to be heard, and the Court being advised in the premises, finds: 1. That the Court has jurisdiction of the parties and subject matter herein. 2. That the Plaintiff filed its Complaint on May 4, 2001, against the Defendants, Victor P. Gonzalez, Linda Gonzalez, and Montgomery Ward Credit Corporation. That the Defendant, Montgomery Ward Credit Corporation, filed its answer on or...
OPINION AND ORDER P.K. HOLMES, III, Chief Judge. Before the Court are two consolidated appeals from the United States Bankruptcy Court for the Western District of Arkansas. 1 Appellant Pinewood Enterprises, L.C. contends that the bankruptcy court erred on reversal and remand from an appeal to this Court 2 in finding that the Trustee and the parties had reached a settlement which excluded causes of action that the Trustee had no standing to bring or settle. Appellant also contends that the...
ORDER OF DISMISSAL WITH PREJUDICE ROBERT T. DAWSON, District Judge. Upon Motion of the Parties, and pursuant to a Stipulation of Settlement and final Judgment entered in the case of Margie Walls, and Beatrice Eaton, on behalf of themselves and all other similarly situated persons, Plaintiffs v. Sagamore Insurance Company, Defendant, U.S. District Court, Western District of Arkansas, El Dorado Division, Case No. 07-CV-1020, the Plaintiffs' causes of action against Defendant are hereby...
ORDER P.K. HOLMES, III, Chief Judge. Currently pending before the Court is Plaintiff Michael Reed's Motion for New Trial (Doc. 64) and brief in support (Doc. 65) and Defendant Malone's Mechanical Inc.'s ("Malone's") Response (Doc. 68). For the reasons set forth below, the Court finds that Plaintiff's Motion should be DENIED as to all issues raised. I. Standard of Review "The court may, on motion, grant a new trial on all or some of the issues ... after a jury trial, for any reason for...
PRELIMINARY ORDER OF FORFEITURE SUSAN O. HICKEY, District Judge. On April 10, 2012, a Grand Jury sitting in the Western District of Arkansas returned a Superseding Indictment against the defendant, charging him with two counts of having been previously convicted of a crime punishable by imprisonment exceeding one year, knowingly possessed a firearm, in violation of Title 18 U.S.C. 922(g)(1) and 924(a)(2), possession with intent to distribute a controlled substance, possession of a firearm...
PRELIMINARY ORDER OF FORFEITURE P.K. HOLMES, III, District Judge. On August 22, 2012, a Grand Jury sitting in the Western District of Arkansas returned an Indictment against the defendant, charging him with one count of with intent to defraud did counterfeit, falsely make, forge, and alter an obligation of the United States, that is he falsely made, forged and counterfeited a one hundred dollar Federal Reserve Note and four twenty dollar Federal Reserve Notes, in violation of Title 18,...
PRELIMINARY ORDER OF FORFEITURE JIMM LARRY HENDREN, District Judge. On August 22, 2012, a Grand Jury sitting in the Western District of Arkansas returned an Indictment against the defendant, charging him with having been previously convicted of a crime punishable by imprisonment exceeding one year, knowingly possessed a firearm, in violation of Title 18 U.S.C. 922(g)(l) and 924(a)(2), and possession with intent to distribute a controlled substance. In the forfeiture allegation of the...
MEMORANDUM OPINION AND ORDER P.K. HOLMES, III, Chief Judge. Currently before the Court are Defendants Mountain Home School District, Charles Scriber, Debbie Atkinson, Michelle McWilliams, Linda White, and Cassie Fowler's Motion for Summary Judgment (Doc. 15) and supporting documents, Plaintiff Scott Braden's Response (Doc. 25) and supporting documents, and Defendants' Reply (Doc. 31). Defendants move for summary judgment as to all of Plaintiff's claims, including claims based on...
MEMORANDUM OPINION JAMES R. MARSCHEWSKI, Chief Magistrate Judge. I. Factual and Procedural Background Plaintiff, Cynthia L. Gappmayer, brings this action seeking judicial review, pursuant to 42 U.S.C. 405(g), of a decision of the Commissioner of the Social Security Administration ("Commissioner") denying her applications for disability insurance benefits ("DIB") and supplemental security income ("SSI") under Titles II and XVI of the Social Security Act ("the Act"). Plaintiff...
MEMORANDUM OPINION JAMES R. MARSCHEWSKI, Chief Magistrate Judge. Plaintiff, James L. McCracken, Jr., brings this action pursuant to 42 U.S.C. 405(g), seeking judicial review of a decision of the Commissioner of the Social Security Administration ("Commissioner") denying his application for disability insurance benefits pursuant to Title II of the Social Security Act. ECF No. 1. Defendant filed an answer to Plaintiff's action on May 22, 2012, asserting that the findings of the Commissioner...
MEMORANDUM OPINION ERIN L. SETSER, Magistrate Judge. Plaintiff, Matthew T. Coffman, brings this action pursuant to 42 U.S.C. 405(g) seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) denying his applications for a period of disability and disability insurance benefits (DIB) and supplemental security income (SSI) benefits. (Doc. 1). The Defendant filed an answer to Plaintiff's action on April 20, 2012, asserting that the findings...
MEMORANDUM OPINION BARRY A. BRYANT, Magistrate Judge Royce Glen McDade ("Plaintiff") brings this action pursuant to 205(g) of Title II of the Social Security Act ("The Act"), 42 U.S.C. 405(g) (2010), seeking judicial review of a final decision of the Commissioner of the Social Security Administration ("SSA") denying his applications for a period of disability, Disability Insurance Benefits ("DIB"), and Supplemental Security Income ("SSI") under Titles II and XVI of the Act. The parties...
ORDER P.K. HOLMES, III, Chief Judge. Currently before the Court are Defendant's Motion for Partial Summary Judgment (Doc. 15) and Brief in Support (Doc. 16) and Plaintiff's Response (Doc. 19). For the reasons set forth below, Defendant's Motion for Partial Summary Judgment (Doc. 15) is DENIED. I. Background Plaintiff alleges that on or about August 16, 2010, Defendant Joel Hand, a Deputy Sheriff of Carroll County, Arkansas, arrested Plaintiff at Plaintiff's residence for certain...
MEMORANDUM OPINION JAMES R. MARSCHEWSKI, Magistrate Judge. Plaintiff, Nicky Barber, brings this action under 42 U.S.C. 405(g), seeking judicial review of a decision of the Commissioner of Social Security Administration (Commissioner) denying his claim for a period of disability, disability insurance benefits ("DIB"), and supplemental security income ("SSI") under Titles II and XVI of the Social Security Act (hereinafter "the Act"), 42 U.S.C. 423(d)(1)(A), 1382c(a)(3)(A). In this...
MEMORANDUM OPINION JAMES R. MARSCHEWSKI, Chief Magistrate Judge. Plaintiff brings this action under 42 U.S.C. 405(g), seeking judicial review of a decision of the Commissioner of Social Security Administration (Commissioner) denying his claim for a period of disability and disability insurance benefits (DIB) and supplemental security income ("SSI") under Title II of the Social Security Act (Act), 42 U.S.C. 423(d)(1)(A). In this judicial review, the court must determine whether there is...
ORDER BARRY A. BRYANT, Magistrate Judge. Pending now before this Court is Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act ("EAJA"). ECF No. 11. 1 With this Motion, Plaintiff requests an EAJA award of $1,377.50. Id. On August 1, 2012, Defendant responded to this Motion. ECF No. 15. The parties have consented to the jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including conducting the trial, ordering the entry of a final...
ORDER SUSAN O. HICKEY, District Judge. Before the Court is Defendant/Counter Plaintiff MMR Constructors, Inc.'s ("MMR") Motion for Summary Judgment to Enforce Settlement Agreement. (ECF No. 201). Plaintiff Ash Grove Cement Company ("Ash Grove") has responded (ECF No. 213), and MMR has replied. (ECF No. 219). The matter is ripe for the Court's consideration. For the following reasons, the motion will be granted in part and denied in part. BACKGROUND This case is about a contractual dispute...
MEMORANDUM OPINION JAMES R. MARSCHEWSKI, Chief Magistrate Judge. Plaintiff brings this action under 42 U.S.C. 405(g), seeking judicial review of a decision of the Commissioner of Social Security Administration (Commissioner) denying his claim for a period of disability and disability insurance benefits (DIB) and supplemental security income ("SSI") under Title II of the Social Security Act (Act), 42 U.S.C. 423(d)(1)(A). In this judicial review, the court must determine whether there is...
ORDER SUSAN O. HICKEY, District Judge. Before the Court is the parties' Joint Motion to Dismiss. (ECF No. 10). The parties request that the above-styled cause of action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41 and that each party bear their own costs and attorney's fees. Upon consideration, the Court finds that the motion should be and hereby is GRANTED. Plaintiff's Complaint (ECF No. 1) is DISMISSED WITH PREJUDICE. Each party is to bear their own costs...
ORDER SUSAN O. HICKEY, District Judge. Before the Court is the Report and Recommendation filed on July 12, 2012 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 15. Judge Bryant recommends that Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act ("EAJA") be GRANTED. Defendant has not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. 636(b)(1)....
