OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . Currently before the Court are the Government's Motion in Limine (Doc. 18) and Mr. Garcia's Response (Doc. 24). On December 2, 2015, the Court conducted a pretrial conference in this matter, at which time it heard oral argument from counsel for the parties on the instant Motion. From the bench, the Court GRANTED IN PART AND DEFERRED RULING IN PART on the Government's Motion. This Opinion and Order explains the basis for the Court's...
MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . Currently before the Court are Defendants' Motion for Partial Dismissal of Complaint (Doc. 7) and Motion to Strike Immaterial and Impertinent Allegations in the Complaint (Doc. 9). The Court heard argument on the Motions during the parties' December 2, 2015 Case Management Hearing, and took them under advisement at that time. Both Motions have been fully briefed and are now ripe for decision. For the reasons discussed below,...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . This is a civil rights action filed by Plaintiff Jerry Lee Woods, Sr. pursuant to 42 U.S.C. 1983. Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3)(2011), the Honorable Susan O. Hickey, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation. Currently before the Court is Plaintiff's failure to comply with a Court...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . This is a civil rights action filed by the Plaintiff Welton Watson pursuant to 42 U.S.C. 1983. According to Plaintiff's address of record he is not currently incarcerated. Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3)(2011), the Honorable Susan O. Hickey, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation....
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . This is a civil rights action filed by Plaintiff Kelvin Lorenzo Harris pursuant to 42 U.S.C. 1983. Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3)(2011), the Honorable Susan O. Hickey, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation. Currently before the Court is Plaintiff's failure to keep the Court...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Samuel A. Osborne ("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 application for Disability Insurance Benefits ("DIB"), Supplemental Security Income ("SSI"), and a period of disability...
MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS , UNITED STATES DISTRICT JUDGE . Now pending before the Court are a Motion for Summary Judgment (Doc. 37) filed by Defendant Union Pacific Railroad Company ("Union Pacific"); a Motion for Partial Summary Judgment (Doc. 45) filed by Plaintiff City of Ozark, Arkansas ("Ozark" or "the City"); and a Motion to Exclude the Testimony of Ozark's expert witness George Solis (Doc. 66), filed by Union Pacific. All Motions were fully briefed, and the...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Tyris Marie Jones ("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 her application for Disability Insurance Benefits ("DIB"), Supplemental Security Income ("SSI"), and a period of disability...
MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . Currently before the Court are Defendants CHSPSC, LLC, Northwest Arkansas Hospitals, LLC, and Professional Account Services, Inc.'s Motion to Compel Arbitration (Doc. 27) and Brief in Support (Doc. 28); Plaintiff Jessica Mounce's Response in Opposition (Doc. 29); and Defendants' Reply (Doc. 31). The Court entertained oral argument on the Motion at a hearing that took place on November 3, 2015. After careful consideration of...
MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . Currently before the Court are Defendant Gemini Capital Group's ("Gemini") Motion to Dismiss (Doc. 12) and Brief in Support (Doc. 13), and Plaintiff Linda Dickens's Response (Doc. 19) and Brief in Support (Doc. 20). Also currently before the Court are Defendant Law Office of Allen and Withrow's ("Law Office") Motion to Dismiss (Doc. 18) and Brief in Support (Doc. 17), and Ms. Dickens's Response (Doc. 21) and Brief in...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Keith D. Cagle ("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 application for a period of disability and Disability Insurance Benefits ("DIB") under Title II of the Act. Pursuant to...
MEMORANDUM OPINION TIMOTHY L. BROOKS , District Judge . This litigation revolves around a CERCLA superfund site in Omaha, Arkansas, and a related settlement agreement entered into by the parties on New Year's Eve of 1987. From 1962 to 1973, Arkwood, Inc. owned and operated the Arkwood Wood Treating Facility ("Treating Facility"), located on an 18 acre parcel of land in Omaha, Arkansas, owned by Hallie Ormond (the "Site" or the "Arkwood Site"). During this time, Ormond and Bud Grisham were...
AGREED PROTECTIVE ORDER ROBERT T. DAWSON , District Judge . The parties to this case, through their respective counsel, agree to protect the confidentiality of certain information (including deposition testimony) and documents (including documents stored in any electronic format) which may be discovered or offered into evidence at the trial of this case. The parties agree that the confidentiality of such information and documents shall be preserved under the terms of this Protective Order....
MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . On June 3, 2015, Tyjuan Cooper was indicted on one count of being a felon in possession of a firearm. Cooper entered a plea of not guilty at his July 22, 2015 arraignment, at which he was represented by appointed counsel. On August 12, 2015, Cooper filed an unopposed Motion for Mental Competency Hearing (Doc. 12), requesting a mental competency evaluation and a hearing to determine his competency to stand trial. The Court...
ORDER ERIN L. SETSER , Magistrate Judge . Plaintiff, Clifford A. Copher, appealed the Commissioner's denial of benefits to this Court. On July 13, 2015, judgment was entered remanding Plaintiff's case to the Commissioner pursuant to sentence four of 42 U.S.C. 405(g). (Doc. 13). Plaintiff now moves for an award of $4,198.04 in attorney's fees and costs under 28 U.S.C. 2412, the Equal Access to Justice Act (hereinafter "EAJA"), requesting compensation for 21.10 1 attorney hours of work...
MEMORANDUM OPINION MARK E. FORD , Magistrate Judge . Plaintiff, Janelle Lynn Lane, 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 her claim for supplemental security income (SSI) under the provisions of Title XVI of the Social Security Act (Act). In this judicial review, the Court must determine whether there is substantial evidence in the administrative record to...
OPINION AND ORDER P.K. HOLMES, III , Chief District Judge . Before the Court are a motion for summary judgment (Doc. 34) filed by Defendant Federal Deposit Insurance Corporation as receiver of ANB Financial NA ("the FDIC"), Plaintiff Clifford Hayes's response (Doc. 38), the FDIC's reply (Doc. 40), and the parties' supporting documents. 1 For the following reasons, the Court finds that the FDIC's motion for summary judgment should be DENIED. I. Background ANB Financial, NA, formerly...
ORDER SUSAN O. HICKEY , District Judge . Before the Court is the Report and Recommendation filed November 30, 2015 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 87). Judge Bryant recommends that the above-styled case be dismissed with prejudice for Plaintiff's failure to comply with the Federal Rules of Civil Procedure and failure to prosecute this matter. The parties have not filed objections to the Report and...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . This is a civil rights action filed by the Plaintiff Clifton Solomon pursuant to 42 U.S.C. 1983. According to Plaintiff's address of record he is not currently incarcerated. Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3)(2011), the Honorable Susan O. Hickey, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation....
ORDER P. K. HOLMES, III , Chief District Judge . The Court has received proposed findings and recommendations (Doc. 17) from Chief United States Magistrate Judge Barry A. Bryant. There have been no objections. After careful review, the Court concludes that the findings and recommendations should be, and hereby are, approved and adopted as this Court's findings in all respects in their entirety. Accordingly, the Court ORDERS that Plaintiff's Motion for Attorney Fees (Doc. 14) be GRANTED...
