ORDER CHARLES A. PANNELL, JR., District Judge. This matter is now before the court on Leah McMillan's motion for summary judgment [Doc. No. 167]; Laverne Gaskins's motion for summary judgment [Doc. No. 174]; Gaskins's motion for oral argument [Doc. No. 175]; Board of Regents of the University System of Georgia, Kurt Keppler, Russ Mast, Valdosta State University, and Ronald M. Zaccari's motion for summary judgment [Doc. No. 177]; Thomas Hayden Barnes's motion for summary judgment [Doc. No....
ORDER TIMOTHY C. BATTEN, SR., District Judge. Before the Court is Defendants Volkswagen Aktiengellshcaft ("VW-Germany"), Volkswagen De Mexico, S.A. de C.V. ("VW-Mexico") and The Volkswagen Group's ("VW-Group") motion to dismiss pursuant Fed.R.Civ.P. 12(b)(5) [8] and Plaintiffs Donna Mitchell and Robert Hector's motion to file a supplemental brief [20]. I. Background VW-Germany is a corporation organized under the laws of the Republic of Germany with its principal place of business in...
ORDER RICHARD W. STORY, District Judge. This case comes before the Court on Plaintiff's Motion for Summary Judgment against Defendant Sewell R. Brumby [37], Defendants Glenn Richardson, Casey Cagle, Eric Johnson, and Robyn J. Underwood's Motion for Summary Judgment [45], Defendants' Motion for Summary Judgment ("All Defendants' Motion") [46], and Plaintiff's Motion for Order of Dismissal of Defendants Richardson, Cagle, Johnson, and Underwood with Prejudice and without Assessment of Costs ("...
ORDER AND OPINION WILLIAM S. DUFFEY, JR., District Judge. This Opinion and Order addresses for the second time Magistrate Judge C. Christopher Hagy's Report and Recommendation ("R & R") [99] on Defendant Juan Reynaldo Cordova's ("Cordova" or "Defendant") Motion to Suppress Statements [40], Motion to Suppress Evidence [41] ("Motion to Suppress"), and Motion to Dismiss Indictment for Violation of the Double Jeopardy Clause of the Fifth Amendment [43] ("Motion to Dismiss"). On February 3, 2010,...
ORDER THOMAS W. THRASH, JR., District Judge. This is a breach of contract and trademark infringement action. It is before the Court on the Plaintiff's Motion for Summary Judgment [Doc. 51], which is GRANTED. I. Background Defendant Sandip, Inc. was a Dunkin' Donuts franchisee operating two donut shops in Norcross, Georgia. Defendants Bahadurali Lakhani, Hasmukh Patel, and Sandip Patel are shareholders of Sandip, Inc. Dunkin' Donuts alleges that the Defendants breached their franchise...
ORDER RICHARD W. STORY, District Judge. This case comes before the Court on Defendants' American InterContinental University ("AIU") and the Career Education Corporation ("CEC", collectively "Defendants") Motion for Reconsideration of Defendants' Motion to Dismiss [51], Defendants' Motion for Certification of Order for Interlocutory Appeal [52], and Defendants' Motion to Strike [57]. After a review of the record, the Court enters the following Order. Background In its June 2, 2010 Order,...
ORDER RICHARD W. STORY, District Judge. This case comes before the Court on Defendants' Motion to Dismiss [78] and Plaintiffs' Motion for Oral Argument [102]. After considering the record, the Court enters the following Order. As an initial matter, the Parties' briefs provide a sufficient basis to decide the pending Motion to Dismiss [78]. Therefore, Plaintiffs' Motion for Oral Argument [102] is DENIED. Background 1 Plaintiffs' Consolidated ERISA 2 Class Action Complaint ("Complaint")...
ORDER THOMAS W. THRASH, JR., District Judge. This is an action for breach of contract. It is before the Court on the Defendants' Motion to Dismiss [Doc. 2]; the Defendants' Motion to Strike [Doc. 8]; and the Plaintiff's Motion to Strike [Doc. 9]. For the reasons set forth below, the Defendants' Motion to Strike [Doc. 8] is GRANTED IN PART and DENIED IN PART, the Plaintiff's Motion to Strike [Doc. 9] is GRANTED, and the Defendants' Motion to Dismiss [Doc. 2] is GRANTED IN PART and DENIED IN...
ORDER and OPINION JULIE E. CARNES, Chief Judge. This case is presently before the Court to determine remedies for plaintiff Securities and Exchange Commission ("SEC") after a jury found John P. Miller ("Miller" or "defendant") liable for five counts of federal securities fraud. After review of the record and the arguments of the parties, the Court issues: (1) a permanent injunction enjoining defendant (his agents, servants, employees, attorneys, and all persons in active concert or...
ORDER THOMAS W. THRASH, JR., District Judge. This is an action for copyright infringement of a musical composition. It is before the Court on the Defendants' Motion to Exclude Plaintiff's Expert Witness [Doc. 74] and the Defendants' Motion for Summary Judgment [Doc. 73]. For the reasons set forth below, the Court DENIES the Defendants' Motion to Exclude Plaintiff's Expert Witness and GRANTS the Defendants' Motion for Summary Judgment. I. Background This is a copyright infringement case...
ORDER CHARLES A. PANNELL, JR., District Judge. After carefully reviewing the entire record, the report and recommendation ("R & R") [Doc. No. 19] of the magistrate judge, and there being no objections thereto, the court ADOPTS the R & R [Doc. No. 19] as the opinion and order of this court. Accordingly, the defendant's motion to suppress statements [Doc. No. 10] and motion to suppress evidence [Doc. No. 11] are granted. FINAL REPORT AND RECOMMENDATION AND ORDER GERRILYN G. BRILL, United...
ORDER THOMAS W. THRASH, JR., District Judge. This is a Clean Water Act case. It is before the Court on the Plaintiff's Motion for Partial Summary Judgment [Doc. 108], the Defendants' Motion for Summary Judgment [Doc. 126], and the Defendants' Motion to Exclude Expert Testimony and Report of John Vermont [Doc. 136]. For the reasons set forth below, the Plaintiff's Motion for Partial Summary Judgment is DENIED, the Defendants' Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART,...
ORDER THOMAS W. THRASH, JR., District Judge. This is an action seeking review of a decision by the Commissioner denying the Plaintiff's application for Social Security disability benefits. It is before the Court on the Report and Recommendation [Doc. 18] of the Magistrate Judge recommending reversing the decision and remanding for reevaluation by the ALJ. The Court approves and adopts the Report and Recommendation as the judgment of the Court. The decision of the Commissioner is REVERSED and...
ORDER THOMAS W. THRASH Jr., District Judge. This is an action for trademark infringement. It is before the Court on the Defendants' Motions for Summary Judgment [Docs. 182, 190, 191] and the Plaintiff's Motion for Partial Summary Judgment [Docs. 184, 185]. For the reasons stated below, Dixie Mills' Motion for Summary Judgment [Doc. 190] is GRANTED, El Dorado's Motion for Summary Judgment [Doc. 191] is GRANTED, Adams' Motion for Summary Judgment [Doc. 182] is GRANTED, and Brown Bark's...
ORDER TIMOTHY C. BATTEN SR. , District Judge . On March 31, 2015, the Court entered an order granting summary judgment in favor of Intervenor-Plaintiffs Household Life Insurance Company and Protective Life Insurance Company. 1 The Court concluded that the insurers were entitled to reimbursement of certain life insurance proceeds paid out to Aubrey Lee Price's estate in early 2013. As a further result of that order, however, the Court granted Melanie Damian, the receiver for Price's...
OPINION AND ORDER WILLIAM S. DUFFEY, JR., District Judge. This matter is before the Court on Plaintiffs' Motion for Attorneys' Fees and Expenses [474] and Plaintiffs' Motion for Sanctions [451]. I. INTRODUCTION This case was filed on August 24, 2004. The case, after a long and acrimonious history, finally was tried before a jury, which announced its verdict on April 1, 2010. The delay of the processing of the case in this Court was substantially attributable to the Defendants' "circle the...
ORDER JULIE E. CARNES, Chief Judge. The above entitled action is presently before the Court on the Magistrate Judge's Report and Recommendation [31] recommending granting the Government's Motion to Revoke Order Granting Pretrial Release [11]. No Objections to the Report and Recommendation [31] have been filed. IT IS HEREBY ORDERED that the Court ADOPTS the Magistrate Judge's Report and Recommendation [31] GRANTING the Government's Motion to Revoke Order Granting Pretrial Release [11]....
ORDER CHARLES A. PANNELL, JR., District Judge. This matter is before the court on The Travelers Indemnity Company's motion for protective order [Doc. No. 8], the plaintiffs motion for partial summary judgment [Doc. No. 11] and motion for oral argument [Doc. No. 12], the motion to dismiss the individual defendants [Doc. No. 19], and the plaintiffs motion for remand [Doc. No. 29]. As an initial matter, the court finds no need for argument on the pending motions; therefore, the plaintiff's...
ORDER CHARLES A. PANNELL, JR., District Judge. This matter is before the court on the following: Rodney Campbell's motion for summary judgment [Doc. No. 66]; Lamar Jones's motion for summary judgment [Doc. No. 69]; City of Canton, Georgia, Jeff Lance, and Todd Vande Zande's (collectively "City defendants") motion for summary judgment [Doc. No. 74]; Daniel Combs's motion for summary judgment [Doc. No. 75]; and Jason Yarbrough's motion for summary judgment [Doc. No. 76]. I. Factual Background...
ORDER TIMOTHY C. BATTEN, SR., District Judge. In this action for forfeiture, the Government seeks to forfeit $688,670.42 seized from Regions Bank Account xxxxxx5028 and $ 49,603.68 seized from Regions Bank Account xxxxxx5540. Claimants PCPS Corporation ("PCPS"), Omar L. Toledo ("Toledo"), and Jack Henry & Associates, Inc. ("JHA") oppose the forfeiture and assert that they have a lawful claim to the money. Currently pending before the Court is PCPS's motion for summary judgment [85] and the...
