ORDER CLAY D. LAND , Chief District Judge . Plaintiff David Hart went to the Walmart on Victory Drive in Columbus, Georgia. It was a rainy day, and the sidewalk was wet. As Hart entered the Walmart garden center door, he slipped and fell. Hart brought this action against Walmart, arguing that the entrance to the garden center was poorly designed and that this poor design, combined with the rainwater, caused him to fall. Walmart seeks summary judgment on Hart's claims. As discussed below,...
ORDER HUGH LAWSON , Senior District Judge . Plaintiff Nanine Boon filed this pro se action against Defendants Clark Foods, Inc., IHOP 36-144 1 , Sunshine Partners, and IHOP Corporation, alleging that during her employment as a server at an IHOP restaurant located at 181 West Hill Avenue in Valdosta, Georgia she was discriminated against on the basis of her age in violation of the Age Discrimination in Employment Act ("ADEA"), 20 U.S.C. 621, et seq . Defendants Sunshine Restaurant...
ORDER HUGH LAWSON , Senior District Judge . This case arises out of the untimely death of James Ray Turner. Defendant Harold Dillingham hired Turner in the summer of — to perform odd jobs on the Dillingham's farm in Alapaha, Georgia. Turner died when the tractor he was operating overturned and pinned him in a body of water. Plaintiff Melissa Pearson, Turner's mother, brought this lawsuit on behalf of Turner's estate, along with Kacey Burns, as the parent of Jesse Turner, one of Turner's...
ORDER CLAY D. LAND , Chief District Judge . Based on its interpretation of Minnesota law, the Eleventh Circuit Court of Appeals concluded that genuine fact disputes exist in this case, thus precluding summary judgment. See generally Alvarado v. Mentor Corp., No. 16-16600, 2017 WL 5495459 (11th Cir. Nov. 16, 2017) (per curiam). This case was transferred from the U.S. District Court for the District of Minnesota to this MDL for pretrial proceedings. The pretrial proceedings are complete,...
ORDER MARC T. TREADWELL , District Judge . United States Magistrate Judge Charles H. Weigle recommends dismissing Plaintiff's complaint in its entirety for failing to comply with the Court's orders and for not diligently prosecuting his case pursuant to Federal Rule of Civil Procedure 41(b). Doc. 42. On May 9, 2017, the Magistrate Judge issued an Order, advising Plaintiff of Defendants' Partial Motion to Dismiss (Doc. 35) and instructing Plaintiff to file a response within 21 days. Docs....
ORDER STEPHEN HYLES , Magistrate Judge . Presently pending before the Court is a Complaint filed by pro se Plaintiff Thomas James Mahone raising claims pursuant to 42 U.S.C. 1983 and the federal Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. 1395dd. Plaintiff has also moved for leave to proceed in forma pauperis, to serve the Complaint and summons, and to recuse the undersigned. For the following reasons, the undersigned GRANTS Plaintiff's motion to...
ORDER CLAY D. LAND , CHIEF U.S. DISTRICT COURT JUDGE . This case began when two administrators at Chattahoochee County Middle High School ("CCMHS") searched a student's cell phone without a warrant during their investigation of alleged threats made against the student. The matter escalated when the student's father, who was upset by the search of his daughter's cell phone, allegedly threatened school officials. Based upon those threats, the school superintendent informed the student's...
ORDER MARC T. TREADWELL , District Judge . The Defendant, Lazega & Johanson, LLC, has moved to strike two portions of the deposition testimony errata sheet of the Plaintiff, Chastity Jenkins. Doc. 16. Separately, Jenkins has moved for partial summary judgment, arguing that she is due judgment as a matter of law on Lazega's affirmative defense of bona fide error. Doc. 17. But, as discussed further below, the contested portions of the deposition testimony are not yet material to any motion...
ORDER MARC T. TREADWELL , District Judge . At the December 19, 2017 hearing, the Court informed the parties that it would deny Cirrus Academy's Rule 12(b)(6) motion to dismiss Plaintiffs Snow's and Campbell's hostile work environment claims. Doc. 7. This Order explains why. I. DISCUSSION To establish a prima facie case of racially hostile work environment, a plaintiff must show that: (1) she belongs to a protected group; (2) she has been subject to unwelcome harassment; (3) the...
ORDER HUGH LAWSON , Senior District Judge . Before the Court is Defendant Rob Oglesby's Motion to Dismiss (Doc. 44). Defendant Rob Oglesby d/b/a Nate's Honor Animal Shelter files this Motion on behalf of himself and specially appearing for Fran Oglesby. For the following reasons, Defendants' motion is GRANTED. I. BACKGROUND Plaintiff Jerry McLeod filed a pro se Complaint in this Court on October 11, 2016. (Doc. 1). Because Mr. McLeod is proceeding in forma pauperis, the Court conducted a...
ORDER CLAY D. LAND , Chief District Judge . Plaintiff Brian Keith Thornton, who is proceeding pro se , asserts employment discrimination claims against his former employer and several former supervisors and colleagues. Thornton claims that he was discriminated against because of his race and that he was retaliated against for complaining of racial discrimination. Thornton brought this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq . Compl. II, ECF No....
ORDER LESLIE J. ABRAMS , District Judge . On August 3, 2016, Plaintiff T.D. Mobley filed a Complaint for damages under 42 U.S.C. 1983 alleging, among other things, that Defendant Hilton Brandful, a jail supervisor, in his individual capacity violated her rights under the Eighth and Fourteenth Amendments to the federal Constitution while Plaintiff was detained at the Pelham Jail, in Pelham, Georgia. Doc. 1 at 1-2. Plaintiff further alleged that Brandful violated her rights under the...
ORDER CLAY D. LAND , Chief District Judge . This is a bad faith failure to settle tort case which the parties confusingly treat as a breach of contract coverage case. Simply put, Defendant GEICO Indemnity Company had an opportunity to settle a liability claim against its insured within its insured's policy limits but failed to do so. When it made the decision not to accept the policy limits demand, no coverage dispute existed. Subsequently, a judgment was entered against its insured in...
ORDER MARC T. TREADWELL , District Judge . Before the Court are two Recommendations from United States Magistrate Judge Thomas Q. Langstaff, one pursuant to a preliminary screening under 28 U.S.C. 1915A(a) and another to dismiss for lack of jurisdiction. Docs. 12; 22. In the screening Order and Recommendation, the Magistrate Judge allowed Plaintiff Roger Conner's deliberate indifference claim against Defendant Bailey to proceed for further factual development and recommended that...
RECOMMENDATION THOMAS Q. LANGSTAFF , Magistrate Judge . On August 10, 2017, Plaintiff filed a letter asking that his medical file be turned over to the Court. (Doc. 10). Plaintiff alleges that the medical file would include "numerous dates and forms proving every thing [sic] [Plaintiff] did in [his] power to get medical attention and resolve the issue." Id. at 1. As it appears Plaintiff seeks for the Court to compel a state official to perform an action, the Court construes Plaintiff's...
STIPULATED PROTECTIVE ORDER HUGH LAWSON , Senior District Judge . THE COURT ALERTS THE PARTIES THAT IT HAS ADDED A FINAL PARAGRAPH TO THIS PROTECTIVE ORDER THAT WAS NOT INCLUDED IN THE STIPULATED ORDER SUBMITTED TO THE COURT. WHEREAS any discovery material (defined below) in this lawsuit may involve the production or disclosure of confidential institutional or medical records or private health-related information ("Confidential Information"); and WHEREAS counsel for the parties have...
ORDER MARC T. TREADWELL , District Judge . The Plaintiff, Cooperative Finance, moves to compel the Defendant, Stuart McCleskey, to answer post-judgment interrogatories. Doc. 13. As discussed below, the motion is GRANTED , and McCleskey is ORDERED to respond to Cooperative Finance's post-judgment interrogatories by January 5, 2018. I. BACKGROUND Cooperative Finance and McCleskey and Defendant executed a loan agreement, promissory note, and security agreement dated April 24, 2014. Doc....
ORDER MARC T. TREADWELL , District Judge . The Defendants move for default judgment as to their counterclaims against the Plaintiffs. Doc. 16. In response, the Plaintiffs oppose the motion and move for leave to answer the Defendants' counterclaims. Doc. 18. For the reasons discussed below, the Defendants' motion for default judgment (Doc. 16) is DENIED , and the Plaintiffs' motion for leave to answer the counterclaims (Doc. 18) is GRANTED . I. BACKGROUND The Plaintiffs claimed in...
ORDER CLAY D. LAND , Chief District Judge . Plaintiff Debra Walton, who is proceeding pro se, filed this employment discrimination action against Defendant Cherokee Nation Red Wing, LLC. Although Plaintiff conferred with Defendant to develop a proposed scheduling order, she failed to serve initial disclosures on Defendant and failed to respond to Defendant's written discovery requests despite many reminders from Defendant. Defendant filed a motion to dismiss Plaintiff's action based on...
ORDER Social Security Appeal STEPHEN HYLES , Magistrate Judge . The Social Security Commissioner, by adoption of the Administrative Law Judge's (ALJ's) determination, denied Plaintiff's application for Supplemental Security Income (SSI) finding that she is not disabled within the meaning of the Social Security Act and Regulations. Plaintiff contends that the Commissioner's decision was in error and seeks review under the relevant provisions of 42 U.S.C. 405(g) and 42 U.S.C. 1383(c)....
