ORDER WILLIAM C. O'KELLEY, Senior District Judge. The captioned case is before the court for consideration of plaintiff's "Motion for Discharge" [16] and defendant Brian Brothen's "Motion to Dismiss Petition for Interpleader" [17] and "Motion to Dismiss Petition for Interpleader" [18]. 1 This case was filed on August 26, 2011, under the federal interpleader statute, 28 U.S.C. 1335. Plaintiff issued a life insurance policy (policy number 1737807L, hereinafter "the policy") to Rolf Brothen....
ORDER AMY TOTENBERG, District Judge. This case is before the Court on Plaintiff Southern Communications Services, Inc., D/B/A SouthernLINC Wireless' ("SouthernLINC") Motion to Vacate [Doc. 1] two arbitration awards: a Clause Construction Award and a Class Determination Award. By issuing these two awards, the arbitrator answered two questions the parties submitted to him in turn: 1) whether their arbitration agreement authorizes class arbitration and 2) what class, if any, he should certify....
ORDER TIMOTHY C. BATTEN, SR., District Judge. I. Background A. Defendant King Sports's Insurance Policy with State Farm King Sports is a business that advertised and sold golf clubs online. In 2001, King Sports applied to State Farm for a business liability policy. The application listed Defendant Jui-Chen "Jimmy" Chang as the owner and primary contact and listed the business's location as 1115 Cobb Parkway S, Marietta, Georgia 30060. In December 2002, State Farm issued the policy to King...
ORDER CHARLES A. PANNELL, JR., District Judge. This action is before the court on motions to dismiss filed by the defendants [Doc. Nos. 48, 49, and 50]. Factual and Procedural Background This is a proposed class action brought on behalf of Hispanic resident aliens to obtain redress for what is alleged to be systematic violations of their constitutional rights through the application in Cobb County, Georgia of 287(g) of the Immigration and Nationality Act ("INA"). The 287(g) Program...
ORDER TIMOTHY C. BATTEN, SR., District Judge. This matter is before the Court on Defendant LexisNexis Risk Solutions, Inc.'s motion to dismiss Plaintiff Tri-State Consumer Insurance Company, Inc.'s original complaint [3] and Lexis's motion to dismiss Tri-State's amended complaint [8]. I. Factual and Procedural Background 1 This case involves a contract dispute between an insurance company and a software development company. In 2006, Tri-State decided to acquire new software for...
ORDER HAROLD L. MURPHY, District Judge. This case is before the Court on the Government's Motion for Summary Judgment [14]. I. Background A. Factual Background Keeping in mind that when deciding a motion for summary judgment, the Court must view the evidence and all factual inferences in the light most favorable to the party opposing the motion, the Court provides the following statement of facts. See Optimum Techs., Inc. v. Henkel Consumer Adhesives, Inc., 496 F.3d 1231 , 1241 (11th...
ORDER AMY TOTENBERG, District Judge. This is a case about bank card overdraft fees. Plaintiffs, Defendant's customers, claim that the fees amount to usurious interest charges. The questions presently before the Court are whether the case should remain in federal court, and if so, whether Plaintiffs have stated a claim upon which relief can be granted. I. Background Thomas Griner and Fern Cohn are consumers who maintain bank accounts with Defendant Synovus Bank, a Georgia bank that does...
ORDER AMY TOTENBERG, District Judge. The motion now before the Court calls to mind the old adage, "You can't judge a book by its cover." This time-worn advice instructs us to give more attention to the substance of a work than its shiny packaging. However, the Court's ruling on the instant motion turns on whether in the madness of holiday shopping it is likely that the average consumer of Plaintiff's book, possibly giddy from gingerbread lattes and twenty-four-hour canned holiday jingles,...
ORDER WILLIAM C. O'KELLEY, Senior District Judge. The captioned case is before the court for consideration of plaintiff's "Motion for Final Judgment" [44]. On June 16, 2011, plaintiff filed a motion seeking the entry of default against the two defendants remaining in this action: DC-Hybrids, Inc. ("DC-Hybrids") and Hybrid Conversions, Inc. ("Hybrid Conversions"). Two steps must be completed to obtain a default judgment pursuant to Federal Rule of Civil Procedure 55(b). Initially, default...
ORDER HAROLD L. MURPHY, District Judge. This case is before the Court on Plaintiff's Motion to Amend Complaint [32], Plaintiff's Motion for Leave to File Supplemental Response [36], and the Motion to Dismiss filed by Defendant Sun Pharmaceutical Industries, Ltd. ("Defendant Sun") [31]. I. Background This is a products liability case arising out of Plaintiff's personal injuries allegedly resulting from his use of phenytoin and fosphenytoin. The Court detailed Plaintiff's allegations in its...
ORDER TIMOTHY C. BATTEN, SR., District Judge. This matter is before the Court on the motion of Defendant Fulton County School District ("FCSD") for judgment on the pleadings [29]. I. Factual Background 1 Plaintiffs are Marlene and Vincent Long (the "Longs") and their daughter, Christina Long. They complain that over the course of three and a half years, FCSD employees engaged in a pattern of pervasive and continuous discriminatory actions against Christina, who is a student in FCSD...
OPINION AND ORDER WILLIAM S. DUFFEY, JR., District Judge. This matter is before the Court on Felipe Jara Garcia's ("Petitioner") Verified Complaint and Petition for Return of the Children [1]. This Opinion and Order constitutes the Court's findings of fact and conclusions of law pursuant to Rule 52 of the Federal Rules of Civil Procedure. I. BACKGROUND This is a petition filed under the under the Hague Convention on the Civil Aspects of International Child Abduction (the "Convention") and...
ORDER TIMOTHY C. BATTEN, SR., District Judge. This matter is before the Court on Defendants' motion to dismiss Plaintiffs' amended class action complaint [39]. I. Factual and Procedural Background 1 This securities fraud class action is brought by certain shareholders of Schweitzer-Mauduit International, Inc. ("Schweitzer" or the "Company") asserting claims under 10(b) and 20(a) of the Securities Exchange Act of 1934 (the "Exchange Act") and Rule 10b-5 promulgated thereunder....
ORDER STEVE C. JONES, District Judge. THIS MATTER is before the Court on Defendants' Motions to Compel Arbitration and Stay Action [Doc. Nos. 20, 21], and Plaintiff's Motion for Continuance to Respond to Defendants' Motions to Compel Arbitration and Stay Action [Doc. No. 28]. For the reasons given below, Defendants' Motions are GRANTED and Plaintiff's Motion is DENIED. BACKGROUND Plaintiff Rita Hopkins obtained a series of consumer loans from Defendant World Finance Corporation of...
ORDER CHARLES A. PANNELL, JR., District Judge. This matter is currently before the court on the motion to alter or amend judgment filed by non-party Eaglewood Consulting, LLC [Doc. No. 232]. I. Background A. This case The plaintiff in this qui tam case filed suit on December 30, 2009, in the Northern District of California alleging violations of 35 U.S.C. 292 for false patent marking against many defendants. On April 21, 2010, the claims against GPI were transferred to this court [...
OPINION AND ORDER WILLIAM S. DUFFEY, JR., District Judge. This matter is before the Court on The Southeastern Carpenters Regional Council, of the United Brotherhood of Carpenters and Joiners of America's ("Defendant" or "Union") Motion for Summary Judgment [100], The Circle Group, L.L.C.'s ("Plaintiff" or "Circle Group") Partial Motion for Summary Judgment as to Liability [101], Plaintiff's Objections to Certain Statements of Undisputed Facts and Declaration Statements [112], Defendant's...
ORDER THOMAS W. THRASH, JR., District Judge. This is a criminal action. It is before the Court on the Report and Recommendation [Doc. 304] of the Magistrate Judge recommending denying the Defendant's Motions to Suppress [Doc. 178, 194 & 256]. No useful purpose would be served by repeating the facts and contentions of the parties set forth in the thorough and well-reasoned Report and Recommendation of the Magistrate Judge. The Magistrate Judge correctly found that the Defendant lacks standing...
ORDER and OPINION JULIE E. CARNES, Chief Judge. This case is presently before the Court on defendants' Renewed Motion for Summary Judgment [111] and defendants' Objection to the Affidavit of Harry Edmondson [118]. The Court has reviewed the record and the arguments of the parties and, for the reasons set out below, concludes that defendants' Renewed Motion for Summary Judgment [111] should be GRANTED in part and DENIED in part and defendants' Objection to the Affidavit of Harry Edmondson...
OPINION AND ORDER WILLIAM S. DUFFEY, JR., District Judge. This matter is before the Court on Defendant Novartis Pharmaceuticals Corporation's ("NPC") Renewed Motion for Summary Judgment [39] and Plaintiff Susan Eberhart's ("Plaintiff") Motion to Strike Declaration of Dr. Randall A. Coggins, DMD, MS [52]. I. BACKGROUND In this pharmaceutical products liability action, Plaintiff claims she was injured by NPC's failure to warn her or her oncologist about a purported increased risk of...
OPINION AND ORDER WILLIAM S. DUFFEY, JR., District Judge. This matter is before the Court on Magistrate Judge C. Christopher Hagy's Report and Recommendation ("R & R") [174] regarding Juan Reynaldo Cordova's ("Defendant") Supplemental Motion to Suppress Evidence [123] and Second Motion to Suppress Statements [132]. I. BACKGROUND 1 On December 17, 2010, 758 F.Supp.2d 1367 (N.D.Ga.2010), the Court issued an Order (the "December 17th Order") granting Defendant's Motion to Suppress...
