ORDER OF FINAL APPROVAL OF SETTLEMENT, AUTHORIZING SERVICE AWARDS, GRANTING APPLICATION FOR ATTORNEYS' FEES, AND OVERRULING OBJECTIONS TO SETTLEMENT JAMES LAWRENCE KING, District Judge. On September 16, 2011, Plaintiffs filed their Motion for Final Approval of Settlement, Application for Service Awards, Class Counsel's Application for Attorneys' Fees, and Incorporated Memorandum of Law [DE # 1885] ("Motion"), seeking final approval of their Settlement 1 with Bank of America ("BofA") for $...
ORDER DENYING MOTION TO DISMISS OR, IN THE ALTERNATIVE, STAY IN FAVOR OF ARBITRATION JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the Court upon Defendants Wells Fargo Bank, N.A. ("Wells Fargo") and Wachovia Bank, N.A.'s ("Wachovia") Motion to Dismiss or, in the Alternative, to Stay in Favor of Arbitration (DE #1384), filed April 29, 2011. The Court is fully briefed in the matter and proceeds having had the benefit of oral argument. 1 For the reasons stated below, the Court...
CERTIFICATION OF EXTRADITABILITY AND ORDER OF COMMITMENT (WITH INCORPORATED MEMORANDUM OPINION) JONATHAN GOODMAN, United States Magistrate Judge. The United States of America, acting on behalf of the Government of the Dominican Republic, submitted a request for an order certifying the extraditability of Eddy Bismarck Nunez-Garrido ("Nunez") (also "fugitive" or "defendant") on the charge of homicide. For the reasons stated below, this Court GRANTS the request. The required judicial findings...
ORDER GRANTING DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT ANDREA M. SIMONTON, United States Magistrate Judge. Presently pending before the Court is Defendant's Motion for Final Summary Judgment (DE #107). This case is referred to the undersigned Magistrate Judge based upon the consent of the parties (DE #13). This motion is fully briefed (DE ##123, 132). On November 4, 2010, the undersigned heard oral argument on the motion. Based upon a careful review of the record, after considering the...
ORDER GARY R. JONES, United States Magistrate Judge. This matter is before the Court on doc. 193, Motion to Supplement Record for Appeal by Dixie County, Florida. Pursuant to Local Rule 26.2(A), deposition excerpts, rather than full transcripts, were filed by the parties in connection with their motions for summary judgment. Dixie County has appealed the Court's denial of their motion for summary judgment on standing and the granting of the ACLU's motion for summary judgment on the merits....
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT PAUL C. HUCK, District Judge. THIS MATTER is before the Court on Plaintiff's Motion for Summary Judgment (D.E. # 19), filed July 13, 2011, and Defendants' Motion for Summary Judgment (D.E. #22), filed July 29, 2011. The Court has carefully reviewed the parties' submissions and is otherwise duly advised in the premises. For the reasons discussed below, the Court grants Defendants'...
ORDER ADOPTING REPORT & RECOMMENDATION OF MAGISTRATE JUDGE (D.E. 24), DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (D.E. 20), GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (D.E. 21), AND AFFIRMING COMMISSIONER'S DECISION JOAN A. LENARD, District Judge. THIS CAUSE is before the Court on the Report and Recommendation of the Magistrate Judge ("Report," D.E. 24), issued on June 30, 2011, recommending that the Court: (1) deny Plaintiff's Motion for Summary Judgment (D.E. 20); (2) grant...
ORDER GRANTING DEFENDANTS/THIRD PARTY PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT; ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT PAUL C. HUCK, District Judge. THIS MATTER is before the Court on Plaintiffs' Motion for Summary Judgment (D.E. # 94), filed May 9, 2011, and Defendants/Third-Party Plaintiffs' Motion for Summary Judgment (D.E. # 101), filed May 9, 2011. The Court has carefully reviewed the parties' submissions and is otherwise duly advised in the premises. For the reasons...
ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AS TO ENTERPRISE COVERAGE AND LIMITING ISSUES AT TRIAL JAMES LAWRENCE KING, District Judge. THIS MATTER comes before the Court upon Plaintiffs' Motion for Summary Judgment as to Enterprise Coverage (DE # 60), filed September 6, 2011. Therein, Plaintiffs seek summary judgment on the issue of enterprise coverage under the Fair Labor Standards Act ("FLSA") as relevant to this Court's subject matter jurisdiction. The Court is fully briefed...
DECLARATORY DECREE GRANTING FINAL SUMMARY JUDGMENT TO HARTFORD CASUALTY INSURANCE COMPANY JAMES LAWRENCE KING, District Judge. THIS MATTER comes before the Court upon Plaintiff Hartford Casualty Insurance Company's and Defendant City of Marathon's cross motions for summary judgment. (Marathon's Mo. for Sum. J., DE #31; Hartford's Mo. for Sum. J., DE #42). The Court is fully briefed, 1 and proceeds with the benefit of extensive oral argument. 2 Upon careful consideration of the arguments...
OMNIBUS ORDER ON MOTIONS IN LIMINE ROBIN S. ROSENBAUM, United States Magistrate Judge. This matter comes before the Court upon Defendant GlobeCast America, Inc.'s Motion in Limine to Exclude Parol Evidence Consisting of Statements and Other Characterizations Regarding the Unambiguous Written Employment Agreement [D.E. 47]; Defendant's Unopposed Motion in Limine to Exclude Evidence of Settlement Negotiations Between the Parties [D.E. 48]; Defendant's Motion in Limine to Exclude the...
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the Court upon Defendants' Motion for Summary Judgment (DE # 52). The Court is fully briefed in the matter and proceeds with the benefit of oral argument. 1 The above-styled case is a 42 U.S.C. 1983 claim based upon use of excessive force, failure to intervene, and false arrest during an incident that occurred in Plaintiff's home on May 2, 2005. After completing significant...
ORDER DENYING MOTION TO ENFORCE SETTLEMENT AGREEMENT ADALBERTO JORDAN, District Judge. As explained below, Gina G. Gray's motion to enforce the settlement agreement [D.E. 26] is DENIED. On July 5, 2011, Collection Information Bureau, Inc.'s lawyer sent Ms. Gray's lawyer an offer of settlement. In that e-mail, Collection Information offered to settle Ms. Gray's Fair Debt Collection Practices Act claim for $1,001 plus reasonable attorneys' fees [D.E. 26-1 at 3]. In addition, the e-mail stated...
ORDER WITHDRAWING THE REFERENCE TO BANKRUPTCY COURT ROBERT N. SCOLA, JR., District Judge. THIS MATTER is before the Court following an independent review of the record. On July 14, 2011, the Court entered an Order [ECF No. 10] granting the Motion to Withdraw the Reference to Bankruptcy Court filed by Gibraltar Private Bank & Trust, Co. ("Gibraltar") [ECF No. 1]. The Court's Order withdrew the reference to the bankruptcy court for purposes of trial, but left in place the reference as to all...
ORDER ON MOTIONS TO DISMISS AND MOTION FOR MORE DEFINITE STATEMENT URSULA UNGARO, District Judge. THIS CAUSE is before the Court upon Defendant Halter Financial Investments, L.P.'s Motion to Dismiss Amended Complaint and, in the Alternative, Motion for More Definite Statement. (D.E. 24.) Plaintiff filed a Memorandum in Opposition to Defendant's Motion (D.E. 35), to which Defendant Halter replied (D.E. 41). The Motion is ripe for review. THE COURT has considered the Motion and the pertinent...
ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ROBIN S. ROSENBAUM, United States Magistrate Judge. This matter is before the Court on Defendant's Motion for Final Summary Judgment [D.E. 20]. The Court has carefully considered the Motion, Defendant's Statement of Undisputed Material Facts [D.E. 19], Plaintiff's Opposition to Defendant's Motion [D.E. 26], Plaintiff's Response to Defendant's Statement of Undisputed Material Facts [D.E. 26-2], and Defendant's Reply [D.E. 33], as well as the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING NON-JURY TRIAL ALAN S. GOLD, District Judge. THIS CAUSE is before the Court in the above-captioned matter, which came on for a ten-day, non jury trial beginning April 5, 2011 and concluding April 20, 2011. See [ECF Nos. 320-326, 328-330]. A total of twelve witnesses were sworn and testified, and the testimony of two witnesses was introduced by deposition. Counsel presented opening statements and closing arguments with respect to the first...
ORDER GRANTING DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT KATHLEEN M. WILLIAMS, District Judge. This MATTER is before the Court on Defendants' Motion for Final Summary Judgment [D.E. 167], Plaintiffs' Response [D.E. 192], Defendant's Reply [D.E. 228], and Plaintiff's Corrected Sur-Reply [D.E. 239]. I. BACKGROUND The Internal Revenue Code ("IRC") offers employers a number of retirement plan options. At issue in this case is a plan established under 412(i) of the Code. 1 Typically used...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT JONATHAN GOODMAN, United States Magistrate Judge. This cause is before me on the Motion to Dismiss Plaintiffs Amended Complaint filed by Old Lisbon Restaurant & Bar L.L.C., Old Lisbon Sunset, L.L.C., and Carlos Silva (collectively "Defendants"). [ECF No. 17]. On June 20, 2011, Plaintiff, Pastor Jesus Gonzalez, filed a response in opposition to Defendants' motion to dismiss. Defendants did not file a reply and the time...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JOSE E. MARTINEZ, District Judge. THIS CAUSE came before the Court upon Defendant's Motion for Summary Judgment (D.E. No. 27). Plaintiff Vera Garmon ("Plaintiff) has filed suit against Defendant Thomas J. Vilsack in his official capacity as Secretary for the United States Department of Agriculture ("Defendant"), alleging age discrimination in violation of the Age Discrimination Employment Act ("ADEA"), 29 U.S.C. 621 et seq. and...
