ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT PAUL C. HUCK, District Judge. This cause is before the Court on Defendants' Motion for Summary Judgment, filed January 7, 2008 [D.E. # 102]. Plaintiff filed his Opposition to Defendants' Motion for Summary Judgment on February 25, 2008 [D.E. # 130], and Defendants filed their Reply on March 4, 2008 [D.E. # 137]. The Court heard oral argument on the Motion for Summary Judgment on Friday, March 14, 2008. Plaintiff originally filed his...
554 F. Supp. 2d 1286 (2008) UNITED STATES of America, v. Marvin FLEMING, Defendant. Case No. 5:02cr38-RH/AK. United States District Court, N.D. Florida, Panama City Division. April 26, 2008. *1287 Bruce E. Lowe, Esq., U.S. Attorneys, Tallahassee, FL, for United States of America. ORDER DENYING § 2255 MOTION ROBERT L. HINKLE, Chief Judge. This matter is before the court on the magistrate judge's report and recommendation (document 110) and the objections thereto (document 115). I have reviewed...
576 F. Supp. 2d 1301 (2008) FLORIDA RETAIL FEDERATION, INC., et al., Plaintiffs, v. ATTORNEY GENERAL OF FLORIDA, et al., Defendants. Case No. 4:08cv179-RH/WCS. United States District Court, N.D. Florida, Tallahassee Division. August 6, 2008. Barry Richard, Greenberg Traurig PA, Tallahassee, FL, for Plaintiffs. Scott D. Makar, Jonathan Alan Glogau, Attorney General, Charles Burns Upton, Tallahassee, FL, Allan Harvey Weitzman, Proskauer Rose LLP, Boca Raton, FL, for Defendants. *1302 INJUNCTION...
553 F. Supp. 2d 1336 (2008) UNITED STATES of America, v. Marcus Jermaine SMITH, Defendant. Case No. 4:07cr3-RH/WCS. United States District Court, N.D. Florida, Tallahassee Division. May 9, 2008. *1337 Winifred Acosta Nesmith, U.S. Attorney, Tallahassee, FL, for United States of America. ORDER ON TRANSCRIPTION OF EXHIBIT ROBERT L. HINKLE, Chief Judge. At the defendant's sentencing hearing, the government offered and I admitted Government's Exhibit 7, an audio recording of a law enforcement...
(2008) UNITED STATES of America, v. Kearney W. POOL, Defendant. Case No. 4:04cr32-RH/AK. United States District Court, N.D. Florida, Tallahassee Division. April 26, 2008. ORDER DENYING § 2255 MOTION ROBERT L. HINKLE, Chief Judge. This matter is before the court on the magistrate judge's report and recommendation (document 35), to which no objections have been filed. The report and recommendation is correct and is adopted as the opinion of the court with this additional note. Defendant pled...
625 F. Supp. 2d 1187 (2008) 316, INC., Plaintiff, v. MARYLAND CASUALTY COMPANY, Defendant. Case No. 3:07cv528/RS/MD. United States District Court, N.D. Florida, Panama City Division. August 21, 2008. *1189 A. Woodson Isom, Jr., Merlin Law Group, Tampa, FL, for Plaintiff. John Michael Grimley, Jr., Kurtis Jay Keefer, Phillip Steven Howell, Galloway Johnson Tompkins Etc., Pensacola, FL, for Defendant. ORDER RICHARD SMOAK, District Judge. Before me are Defendant's Motion for Summary Judgment (Doc....
607 F. Supp. 2d 1291 (2008) Michael Duane ZACK, III, Petitioner, v. James V. CROSBY, Jr., Respondent. Case No. 3:05cv369-RH. United States District Court, N.D. Florida, Pensacola Division. November 17. 2008. *1292 Linda McDermott, McClain & McDermott PA, Wilton Manors, FL, for Petitioner. Charmaine Mary Millsaps, Tallahassee, FL, for Respondent. ORDER DISMISSING PETITION IN PART ROBERT L. HINKLE, Chief Judge. By petition for writ of habeas corpus, Michael Duane Zack, III, challenges his state...
(2008) Heather GILLMAN, through next friend and mother, Ardena GILLMAN, Plaintiff, v. SCHOOL BOARD FOR HOLMES COUNTY, FLORIDA, Defendant. No. 5:08CV34-RS-MD. United States District Court, N.D. Florida, Panama City Division. July 24, 2008. OPINION AND ORDER RICHARD SMOAK, District Judge. The question presented is whether a public high school may prohibit students from wearing or displaying t-shirts, arm-bands, stickers, or buttons containing messages and symbols which advocate the acceptance of...
(2008) AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC., Plaintiff, v. DIXIE COUNTY FLORIDA, Defendant. Case No. 1:07-cv-00018-MP-AK. United States District Court, N.D. Florida, Gainesville Division. August 8, 2008. ORDER MAURICE M. PAUL, Senior District Judge. This matter is before the Court on the following motions: Docs. 38-40 and 43-48, Defendant's motion for summary judgment, to which the Plaintiff responded, docs. 50-52, to which response the Defendant replied, doc. 55. Doc. 56,...
546 F. Supp. 2d 1267 (2008) Lola B. HARRIS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. No. 5:07cv44/RS-EMT. United States District Court, N.D. Florida, Panama City Division. February 29, 2008. *1268 Quinn Eric Brock, Brock & Stout LLC, Enterprise, AL, for Plaintiff. Roy F. Blondeau, Jr., US Attorney, Tallahassee, FL, for Defendant. ORDER RICHARD SMOAK, District Judge. Before me is the Magistrate Judge's Report and Recommendation (Doc. 11). No objections have...
551 F. Supp. 2d 1308 (2008) Thomas J. STEWART, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. No. 5:07cv175-SPM/WCS. United States District Court, N.D. Florida, Panama City Division. April 10, 2008. *1310 Quinn Eric Brock, Brock & Stout LLC Enterprise AL, Enterprise, AL, for Plaintiff. Roy F. Blondeau, Jr., US Attorney Tallahassee FL, Tallahassee, Fl, for Defendant. ORDER STEPHAN P. MICKLE, District Judge. THIS CAUSE comes for consideration upon the magistrate...
534 F. Supp. 2d 1245 (2008) UNITED STATES of America, v. Calvin DENMARK, Defendant. No. 4:96cr76-RH. United States District Court, N.D. Florida, Tallahassee Division. February 14, 2008. Anthony J. Jenkins, US Attorney, Tallahassee, FL, for United States of America. ORDER ESTABLISHING PROCEDURES ON POSSIBLE SENTENCE REDUCTION UNDER AMENDMENT 706 ROBERT L. HINKLE, Chief Judge. Defendant Calvin Denmark appears eligible for a sentence reduction under Unit, ed States Sentencing Guidelines Amendment...
576 F. Supp. 2d 1281 (2008) FLORIDA RETAIL FEDERATION, INC., et al, Plaintiffs, v. ATTORNEY GENERAL OF FLORIDA, Defendant. No. 4:08cv179-RH/WCS. United States District Court, N.D. Florida, Tallahassee Division. July 28, 2008. *1284 Barry Richard, Greenberg Traurig PA, Tallahassee, FL, for Plaintiffs. Charles Burns Upton, Scott D. Makar, Jonathan Alan Glogau, Tallahassee, FL, for Defendant. PRELIMINARY INJUNCTION ROBERT L. HINKLE, Chief Judge. This is a challenge to a Florida statute that...
(2008) UNITED STATES of America, v. Il Hwan CHOI, Defendant. No. 4:08cr5-RH/WCS. United States District Court, N.D. Florida, Tallahassee Division. October 10, 2008. ORDER VACATING JUDGMENT AND SETTING TRIAL ROBERT L. HINKLE, Chief Judge. The defendant pled guilty and was sentenced. He has moved for relief under 28 U.S.C. § 2255. Because the defendant's attorney rendered ineffective assistance prior to the defendant's decision to plead guilty, and because the defendant would not in fact have...
(2008) FLORIDA STATE CONFERENCE OF the NATIONAL ASSOCIATION for the ADVANCEMENT of COLORED PEOPLE (NAACP), as an organization and representative of its members; et al., Plaintiffs, v. Kurt S. BROWNING, in his official capacity as Secretary of State for the State of Florida, Defendant. No. 4:07CV-402-SPM/WCS. United States District Court, N.D. Florida, Tallahassee Division. June 24, 2008. ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION STEPHAN P. MICKLE, District Judge. This cause is before the...
(2008) BETA UPSILON CHI, Upsilon Chapter at the University of Florida, a student organization at the University of Florida on behalf of itself and its individual members; and Beta Upsilon Chi, Inc., a Texas nonprofit corporation, Plaintiffs, v. J. Bernard MACHEN, et al., Defendants. No. 1:07-CV-135-SPM. United States District Court, N.D. Florida, Gainesville Division. May 29, 2008. ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION STEPHAN P. MICKLE, District Judge. This cause comes before the...
(2008) MID-CONTINENT CASUALTY COMPANY, Plaintiff/Counter-Defendant, v. L.B. KING, d/b/a King Oil and Tires, Defendant/Counter-Plaintiff. Case No. l:06-cv-00128-MP-AK. United States District Court, N.D. Florida, Gainesville Division. March 11, 2008. ORDER MAURICE M. PAUL, Senior District Judge. This matter is before the Court on Doc. 38, Defendant/Counter-Plaintiff King's Motion for Partial Summary Judgment on MkL-Continent's Complaint for Declaratory Judgment and King's Counterclaim, and on Doc....
545 F. Supp. 2d 1218 (2008) Sarah SMITH, Plaintiff, v. Larry CAMPBELL, in his official capacity as the Sheriff of Leon County, Florida, David T. Stewart, M.D., in his official capacity as District Medical Examiner, Louis S. Sarbeck, M.D., in his official capacity as Associate Medical Examiner, Derek Terry, individually, and Curtis Parker, individually, Defendants. No. 4:06cv528-WS. United States District Court, N.D. Florida, Tallahassee Division. February 13, 2008. *1219 Marie A. Mattox, Marie...
565 F. Supp. 2d 1314 (2008) Cassandra COLVILLE, an individual, Plaintiff, v. PHARMACIA & UPJOHN COMPANY LLC, a Florida Limited Liability Corporation, Defendant. Case No. 4:07-CV-140-SPM. United States District Court, N.D. Florida, Tallahassee Division. July 10, 2008. *1316 Reshonda Leshay Bradford, W. James Singleton Law Firm, Shreveport, LA, for Plaintiff. Edward W. Gerecke, Carlton Fields PA, Tampa, FL, for Defendant. ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT STEPHAN P. MICKLE,...
625 F. Supp. 2d 1179 (2008) 316, INC., Plaintiff, v. MARYLAND CASUALTY COMPANY, Defendant. No. 3:07cv528-RS-MD. United States District Court, N.D. Florida, Pensacola Division. May 21, 2008. *1180 A. Woodson Isom, Jr., Merlin Law Group, Tampa, FL, for Plaintiff. John Michael Grimley, Jr., Kurtis Jay Keefer, Phillip Steven Howell, Galloway Johnson Tompkins etc., Pensacola, FL, for Defendant. ORDER RICHARD SMOAK, District Judge. Before me is Defendant's Motion for Judgment on the Pleadings or To...
