ORDER CLAY D. LAND, District Judge. Defendant BAC Home Loans Servicing, LP ("BAC") admits that it made a mistake which it eventually corrected. For its confession and atonement, it seeks absolution. Plaintiffs Todd and Samantha Blackburn ("Blackburns"), having allegedly "gone through hell" for what they argue was more than just a simple mistake, are in no mood for mercy. They seek compensation and retribution. BAC failed to recognize that the Blackburns paid their mortgage through automatic...
ORDER CLAY D. LAND, District Judge. Upon receiving a tip from a confidential informant that a vehicle being driven by Plaintiff Calvin Richardson ("Mr. Richardson") contained illegal drugs, Defendant Corey Mason ("Mason"), a sergeant with the Georgetown-Quitman County Sheriff's Office, stopped Mr. Richardson's vehicle to conduct an investigatory stop. Plaintiff Denise Richardson ("Mrs. Richardson") was a passenger in the vehicle. During the stop, Mr. and Mrs. Richardson were subjected to...
ORDER CLAY D. LAND, District Judge. On September 17, 2011, Leslie Erin "Elle" Silver ("Elle") was driving a 2008 Bad Boy Buggy vehicle when she had a serious accident. As a result of the accident, Elle's left foot and part of her left leg were severed. Elle's parents, Plaintiffs Mark and Laura Silver ("Plaintiffs"), brought this action against Defendants Bad Boy Enterprises LLC ("BBE"), BB Buggies Inc. ("BB Buggies"), and Textron Inc. ("Textron"). In their Complaint, Plaintiffs assert the...
ORDER CLAY D. LAND, District Judge. INTRODUCTION Plaintiffs Godfrey Biggers, Carlton Brantley, Henry Crawford, Larry Dowdell, Melvin Griffin, Pondiel Mabry, William Marshall, Connie McCoy, Hayward Parham, Reginal Richardson, Jerry Starks, Patrick Stroud, Larry Thompson, and Calvin Williams (collectively, "Plaintiffs") are current and former plant services and custodial employees of Defendant Muscogee County School District ("School District"). Plaintiffs accuse the School District of...
ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Defendants' motions to dismiss for lack of personal jurisdiction pursuant to Fed. R.Civ.P. 12(b)(2). (Docs. 3, 19). For the reasons discussed below, the motions are DENIED. I. BACKGROUND A. The Parties The Defendants are two companies involved in the sale or manufacture of generators. Directional Energy Corp. is a Nevada corporation with its principal place of business in California. (Doc. 3-3, 2). Its...
ORDER HUGH LAWSON, Senior District Judge. This case is before the Court on Defendant's Motion for Summary Judgment (Doc. 20). After reviewing the pleadings, affidavits, depositions, and other evidentiary materials presented, the Court grants, in part, and denies, in part, Defendant's motion. Defendant's request for oral argument is denied. I. BACKGROUND AND FACTS When viewed in the light most favorable to Plaintiff, as the Court must do at this point, the facts involved in this case are...
ORDER ON ADT SECURITY SERVICES, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS C. ASHLEY ROYAL, Chief Judge. Presently before the Court is Defendant ADT Security Services, Inc.'s Motion for Judgment on the Pleadings, 1 [Doc. 13]. Defendant ADT contends that Plaintiff Kenneth Lawson's Complaint [Doc. 1], which alleges negligence, breach of contract, and detrimental reliance, should be dismissed in its entirety. Having considered the Motion, relevant law, and the parties' responses and replies...
ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Plaintiffs' Motion for Leave to Amend (Doc. 13) and the Parties' Consent Motion to Stay the Proceedings Pending Resolution of Matter on Appeal (Doc. 17). For the following reasons, both Motions are GRANTED. Prior to the Parties moving to stay the proceedings, the Plaintiffs move to amend their complaint and substitute Hancock County School District for Defendant Hancock County Board of Education. The...
ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Plaintiff's Motion for New Trial, Motion to Appoint Counsel, and Motion for Leave to Appeal In Forma Pauperis. (Docs. 62, 64, 65). Pursuant to Fed. R. Civ. P. 59(a)(1)(B), a court may grant a new trial "for any reason for which a rehearing has heretofore been granted in a suit in equity in federal court." The Plaintiff argues a new trial is appropriate because the Defendants did not put forth physical evidence,...
ORDER CLAY D. LAND, District Judge. After making erroneous overpayments for medical claims to Plaintiff The Medical Center, Inc. ("Medical Center"), Defendants Humana Military Healthcare Services, Inc. ("HMHS") and PGBA, LLC ("PGBA") (collectively, "Defendants") offset the amounts of the overpayments against future claim payments owed to Medical Center. Medical Center contends that these offsets were not authorized and alleges state law claims against Defendants based upon breach of contract,...
ORDER W. LOUIS SANDS, District Judge. Before the Court is a Recommendation (Doc. No. 13) from United States Magistrate Judge Thomas Q. Langstaff, filed April 19, 2012. Judge Langstaff has recommended: 1) denial of Plaintiff's separately filed Motions for Injunctive Relief (Doc. 7) and Special Prohibition Mandamus (Doc. 8); 2) dismissal without prejudice of Plaintiff's Complaint (Doc. 1) as against Defendants Sheriff Snider and Officer Brown; 3) and dismissal of Plaintiff's Complaint as...
ORDER W. LOUIS SANDS, District Judge. Before the Court is a Recommendation from United States Magistrate Judge Thomas Q. Langstaff, filed April 18, 2012. (Doc. 22). It recommends that Plaintiff's Motion to the Court (Doc. 18), which the Magistrate Judge interpreted as a Motion seeking injunctive relief, be denied. (Doc. 22 at 2). The Recommendation provided the Parties with fourteen (14) days to file written objections to the recommendations therein. ( Id. ) The period for objections...
ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Plaintiff's Motion for Reconsideration. (Doc. 25). Pursuant to Local Rule 7.6, "Motions for Reconsideration shall not be filed as a matter of routine practice." M.D. Ga. L.R. 7.6. "Reconsideration is appropriate only if the movant demonstrates (1) that there has been an intervening change in the law, (2) that new evidence has been discovered which was not previously available to the parties in the exercise of due...
RECOMMENDATION CHARLES H. WEIGLE, Magistrate Judge. Before the Court is an unopposed Motion for Summary Judgment filed by Defendant Wardens Alan Carter, Willie Hollie, and Todd Tripp. Doc. 70. For the reasons set forth below, it is RECOMMENDED that the Motion for Summary Judgment be GRANTED. PROCEDURAL HISTORY On February 1, 2012, Plaintiff Charles Lenwood Nix, Jr., who is proceeding pro se, filed the above-captioned action pursuant to 42 U.S.C. 1983 raising allegations of: 1)...
ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Defendants' Motion for Summary Judgment. (Doc. 41). For the reasons set forth below, the motion is granted. I. PROCEDURAL BACKGROUND Pro se Plaintiff Rhonda Ryans filed her initial compliant on March 28, 2011, alleging that various individual Defendants discriminated against her based on her gender and retaliated against her for her complaints of discrimination. (Doc. 1). Ryans also asserts various state law...
ORDER ON DEFENDANT'S MOTION TO DISMISS C. ASHLEY ROYAL, District Judge. Before the Court is Defendant PNC Bank National Association's, as successor in interest to National City Mortgage and PNC Mortgage, ("PNC") Motion to Dismiss [Doc. 4]. PNC argues that Plaintiff James Robert Jiles, Jr.'s Complaint, containing five counts, should be dismissed in its entirety. Having considered the matter and the applicable law, the Court concludes that Plaintiff's Complaint fails to state a claim upon...
ORDER TO RESPOND CHARLES H. WEIGLE, Magistrate Judge. Before the Court is Defendants Motion to Dismiss or in the Alternative, Motion for More Definite Statement and 1915 Review filed by the Defendants. Doc. 31. Since Plaintiff is proceeding pro se, the Court deems it appropriate and necessary to advise him of his obligation to respond and of the consequences which he may suffer if he fails to file a proper response. Plaintiff is advised: 1. that a Motion to Dismiss has been filed by the...
ORDER ON DEFENDANTS' MOTIONS TO EXCLUDE OPINIONS OFFERED BY PLANTIFF'S EXPERT HAROLD STOWE C. ASHLEY ROYAL, District Judge. Currently before the Court are Defendants' Motions in Limine to Exclude Opinions offered by Plaintiff's Expert, Harold Stowe [ECF No. 317 & 320], and Defendants' Motion to Strike Mr. Stowe's Supplemental Affidavit [ECF No. 326]. Mr. Stowe was retained in this case to testify on behalf of Plaintiff in the fields of corporate governance, corporate finance, and business...
ORDER ON PLAINTIFF'S MOTIONS TO EXCLUDE CERTAIN OPINIONS OFFERED BY DEFENDANTS' EXPERTS C. ASHLEY ROYAL, District Judge. Currently before the Court are Plaintiff's Motions in Limine to Exclude Certain Expert Opinions [Docs. 293 & 299]. Through the present action, Plaintiff Terry Tindall is, among other things, attempting to (1) establish Defendant H&S Homes, L.L.C. as an alter ego of Defendants Horton Homes, Inc., Horton Industries, Inc., N. Dudley Horton Jr., The N. Dudley Horton Revocable...
ORDER ON PLAINTIFF'S MOTION TO SEAL C. ASHLEY ROYAL, Chief District Judge. Currently before the Court is Plaintiff Adolfus O'Bryan Giles's Motion to Order Filing Made Under Seal [Doc. 30]. Plaintiff seeks to have this Court seal all filings in this case because Plaintiff has several cases pending in federal court, which has generated some "public attention." Id. Plaintiff also states that the "public attention" is causing him stress and may be "blocking him from a fair chance at trial on...
