MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . Currently before the Court are: • Defendant Randell G. Shelton's Motion in Limine to Exclude Potential Expert Witness Testimony and Evidence (Doc. 169), the Government's Response (Doc. 189), and Mr. Shelton's Reply (Doc. 204); • Mr. Shelton's Motion to Sever (Doc. 171), and the Government's Response (Doc. 198); • Mr. Shelton's Request for Jury Trial on Forfeiture Count (Doc. 172), and the Government's Response (Doc. 183);...
MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . Currently before the Court are: • Defendant Oren Paris III's Motion in Limine to Exclude any Reference to the "Shingle Resource Recycling, LLC" (hereinafter, "SRR") (Doc. 164), and the Government's Response (Doc. 184) and Proffer of Evidence in Support (Doc. 185); • Dr. Paris's Motion in Limine Regarding Privileged Communications with George Hiller (Doc. 165), and the Government's Response (Doc. 186); • Dr. Paris's...
OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . Currently before the Court are the Government's First Motion in Limine (Doc. 160) and Brief in Support (Doc. 161), Defendant Randell G. Shelton's Response (Doc. 179), and Defendant Oren Paris III's Response (Doc. 180). The Government asks the Court to enter "an Order prohibiting the Defendants, their counsel, and any defense witnesses from asking any question, introducing any evidence, or making any statement regarding the following"...
ORDER AND JUDGMENT TIMOTHY L. BROOKS , District Judge . On November 27, 2017, the United States submitted a motion for default judgment against BAKK, LLC. (Doc. 20). Upon consideration, and this Court's finding that good cause exists for the granting of the United States' motion, it is hereby ORDERED that the United States' Motion for Default Judgment Against BAKK, LLC, is GRANTED. IT IS FURTHER ORDERED AND ADJUDGED that a default judgment shall be entered against BAKK, LLC as...
MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . Now pending before the Court are the Motion to Transfer (Doc. 12) and Brief in Support (Doc. 13) filed by Defendant Wal-Mart Stores East, L.P., a Subsidiary of Wal-Mart Stores, Inc., d/b/a Wal-Mart's ("Walmart"); Plaintiff Hartzell Hayes's Response in Opposition (Doc. 15) — which was filed six days out of time but was nonetheless considered; and Walmart's Reply (Doc. 18). On December 18, 2017, the Court held a hearing on...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE ERIN L. WIEDEMANN , Magistrate Judge . This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. 1983. Plaintiff proceeds pro se and in forma pauperis. Plaintiff is presently incarcerated in the Cummins Unit of the Arkansas Department of Correction. At all times relevant to this case, Plaintiff was incarcerated in the Washington County Detention Center (WCDC). While incarcerated in the WCDC, Plaintiff contends his...
MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . Pending before the Court is Plaintiff Marlon Brent Tanner's Motion for Approval of Attorney's Fees Under 42 U.S.C. 406(b) (Doc. 18). The Motion and supporting documents were filed on October 26, 2017. On November 7, 2017, Defendant Carolyn W. Colvin, Commissioner of the Social Security Administration ("SSA") responded to Mr. Tanner's Motion, expressing no opinion as to whether the requested fee was reasonable. See Doc....
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARK E. FORD , Magistrate Judge . This is a civil rights action filed by the Plaintiff pursuant to 42 U.S.C. 1983. Pursuant to the provisions of 28 U.S.C. 636(b)(1) and (3)(2011), the Honorable P. K. Holmes, III, Chief United States District Judge, referred this case to the undersigned for the purpose of making a Report and Recommendation. Currently before the Court is the issue of service related to the following Defendants: Shift...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Eva J. Green ("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 applications for Supplemental Security Income ("SSI") and Disability Insurance Benefits ("DIB") under Titles II and XVI of...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ERIN L. WIEDEMANN , Magistrate Judge . Plaintiff, James A. Byrum, 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 claim for supplemental security income (SSI) under the provision of Title XVI of the Social Security Act (Act). In this judicial review, the Court must determine whether there is substantial evidence in the...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE MARK E. FORD , Magistrate Judge . Plaintiff has filed this case under the provisions of the Employee Retirement Income Security Act (ERISA). Plaintiff has filed a Motion for Leave to Proceed In Forma Pauperis (IFP). (ECF No. 3). The Motion has been referred to the undersigned. (ECF No. 4). Review of the application indicates it should be denied for a number of reasons. First, Plaintiff has had substantial income in the last twelve...
REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE BARRY A. BRYANT , Magistrate Judge . Before this Court is Defendant Housing Authority of Hot Springs, Arkansas ("Housing Authority") and Richard Herrington ("Herrington") Motion To Dismiss (ECF No. 11) and Defendant Sam Spencer's Motion to Join Housing Authority's Motion to Dismiss. ECF No. 21. Plaintiff filed a response to this motion. ECF No. 23. On November 27, 2017 a hearing was held on theses Motions. All Defendants...
MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . Currently before the Court are the Motion for Summary Judgment (Doc. 26), Brief in Support (Doc. 27), and Statement of Undisputed Facts (Doc. 28) filed by Defendants City of Eureka Springs, Arkansas ("the City"), Eureka Springs Parks and Recreation Commission ("the Commission"), Robert "Butch" Berry, and William F. "Bill" Featherstone; the Response in opposition (Doc. 34) and Response to Defendants' Statement of Undisputed...
JUDGMENT P.K. HOLMES, III , Chief District Judge . Pursuant to the order entered in this case on this date, IT IS CONSIDERED, ORDERED, and ADJUDGED that this matter is DISMISSED WITH PREJUDICE. IT IS SO ADJUDGED.
ORDER P.K. HOLMES, III , Chief District Judge . The Court has received a report and recommendation (Doc. 39) from United States Magistrate Judge Mark E. Ford. Defendant has filed objections. The Magistrate recommends that the Court deny Defendant's motion to vacate. The Court has conducted de novo review of those portions of the report and recommendation to which Defendant has objected. 28 U.S.C. 636(b)(1). The objections offer neither law nor fact requiring departure from the...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARK E. FORD , Magistrate Judge . Before the Court is the Petitioner's Petition Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody filed August 10, 2017. (ECF No. 31). The United States filed its response on September 12, 2017. (ECF No. 37). Petitioner filed a reply on October 2, 2017. (ECF No. 38). The matter is ready for Report and Recommendation. I. Background On December 10, 2015, a Criminal...
JUDGMENT P.K. HOLMES, III , Chief District Judge . Pursuant to the Order entered in this case on this date, IT IS CONSIDERED, ORDERED, and ADJUDGED that the decision of the Administrative Law Judge is REVERSED, and this case is REMANDED to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g). IT IS SO ADJUDGED.
ORDER P.K. HOLMES, III , Chief District Judge . The Court has received proposed findings and recommendations (Doc. 13) from United States Magistrate Judge Mark E. Ford 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. Judgment will be entered accordingly. IT IS SO ORDERED.
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION MARK E. FORD , Magistrate Judge . Plaintiff, Sandra Gilbert, 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 her claim for supplemental security income ("SSI") under Title XVI of the Social Security Act (hereinafter "the Act"), 42 U.S.C. 1382. In this judicial review, the Court must determine whether there is substantial evidence in...
MEMORANDUM OPINION AND ORDER TIMOTHY L. BROOKS , District Judge . Now pending before the Court are the Motion to Transfer (Doc. 12) and Brief in Support (Doc. 13) filed by Defendant Wal-Mart Stores East, L.P., a Subsidiary of Wal-Mart Stores, Inc., d/b/a Wal-Mart's ("Walmart"); Plaintiff Hartzell Hayes's Response in Opposition (Doc. 15) — which was filed six days out of time but was nonetheless considered; and Walmart's Reply (Doc. 18). On December 18, 2017, the Court held a hearing on...
