ORDER HUGH LAWSON, Senior District Judge. This case is before the Court on the following motions: 1. Motion for Summary Judgment filed by Defendants Archbold Medical Center, Inc., John D. Archbold Memorial Hospital, Inc., James L. Story Jr., M.D., and Mel Hartsfield, M.D. (the "Hospital Defendants") (Doc. 462); 2. Motion for Summary Judgment filed by Defendants Marshall Dunaway, M.D., Merrill Hicks, M.D., Raul G. Santos, M.D., Victor M. McMillan, M.D., Edward Hall, M.D., Nicholas Quinif, M....
ORDER CLAY D. LAND, District Judge. This bankruptcy appeal arises from claims that former partners, James R. Winchester and E. Murray Newlin, asserted against each other and the effect of Newlin's bankruptcy proceeding on those claims. 1 Winchester and Newlin are dentists who practiced together as a partnership. During the existence of that partnership, Newlin filed for bankruptcy protection, first as a Chapter 11 proceeding which he later converted to a Chapter 7 proceeding. Disputes arose...
ORDER CLAY D. LAND, District Judge. INTRODUCTION In this qui tam action, Relators claim that University of Georgia ("UGA") researchers violated the False Claims Act ("FCA"), 31 U.S.C. 3729-33, by making false statements in a June 1999 grant application to the United States Environmental Protection Agency ("EPA"). 1 The grant application sought federal funds to support a research project related to the land application of sewage sludge. Relators also assert that several EPA employees...
ORDER CLAY D. LAND, District Judge. In this action, Defendant's current and former employees claim that Defendant violated certain provisions of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., at its plant in Dawson, Georgia. Defendant agreed to conditional certification of an opt-in class, and potential opt-in class members received notice and an opportunity to consent to join this action. A number of individuals filed consents to join this action. Defendant contends...
ORDER CLAY D. LAND, District Judge. This declaratory judgment action arises from an insurance coverage dispute involving the amount of available liability insurance. Plaintiff State Auto Property and Casualty Company ("State Auto" or "Plaintiff") insured a Ford Explorer being driven by Rachel Griffin when she struck Matthew Scott Matty and Jeffrey Davis in close spatial and temporal proximity to each other while they were riding their bicycles. State Auto contends that the incident in which...
ORDER CLAY D. LAND, District Judge. This multidistrict litigation proceeding includes various product liability actions against Mentor Worldwide LLC ("Mentor") arising from the implantation of Mentor's suburethral sling product, ObTape Transobturator Tape ("ObTape"), to treat Plaintiffs for stress urinary incontinence. In these actions, claims for design and manufacturing defect, warranty, and failure to warn. 1 ObTape allegedly caused complications, including infection and erosion of...
ORDER W. LOUIS SANDS, District Judge. Presently pending before the Court are Plaintiffs' Motion for Order Preserving Evidence (hereinafter "Motion to Preserve") (Doc. 107) and Defendant's Motion to Stay Consideration of Plaintiffs' Motion for Order Preserving Evidence (hereinafter "Motion to Stay") (Doc. 112). For the reasons set forth below, Plaintiffs' Motion to Preserve (Doc. 107) is STAYED, and Defendant's Motion to Stay is GRANTED (Doc. 112). PROCEDURAL and FACTUAL BACKGROUND...
SANDS, District Judge. Before the Court is Defendant DWAIN D. WILLIAMS's Motion to Dismiss Indictment. (Doc. 37). For the following reasons, Defendant's Motion to Dismiss Indictment (Doc. 37) is DENIED. PROCEDURAL BACKGROUND In July 2009, a Middle District of Georgia grand jury returned a two-count Indictment charging Defendant with, in Count One, aggravated sexual abuse of a child (18 U.S.C. 2241(c)) and, in Count Two, abusive sexual contact with a child (18 U.S.C. 2244(a)(1) and (5))...
AMENDED ORDER ON MOTION TO DISMISS THIRD-PARTY CLAIM AND ON MOTION TO VACATE PRELIMINARY ORDER OF FOR-FEITURE C. ASHLEY ROYAL, District Judge. On February 3, 2009, Defendant Orlando Muckle entered a plea of guilty to one count of conspiracy to possess cocaine in excess of four hundred grams with intent to distribute. As part of his plea agreement, Muckle agreed to forfeit any right, title, and interest that he had in $214,980.00 in United States currency seized from a safe deposit box at...
