OPINION AND ORDER CLARENCE COOPER , Senior District Judge . This matter is before the Court on Plaintiff's Application for Entry of Default Judgment [Doc. No. 8] and Defendants' Motion to Set Aside Entry of Default [Doc. No. 9]. For the reasons stated herein, the Court GRANTS the Motion to Set Aside Default [Doc. No. 9] and DENIES as moot Plaintiff's Application for Entry of Default Judgment [Doc. No. 8]. I. BACKGROUND A. Factual Allegations Plaintiff Anita Carole Aughnay ("...
ORDER MICHAEL L. BROWN , District Judge . Magistrate Judge Alan J. Baverman recommends denial of Defendant Jasper McIntosh's motions to suppress evidence (Dkt. 17) and statements (Dkt. 18), and to dismiss the superseding indictment (Dkt. 56). (Dkt. 60.) Defendant McIntosh objects to that recommendation. (Dkt. 70.) The Court accepts the Magistrate Judge's recommendation and denies Defendant McIntosh's motions. I. Background The United States charged Defendant McIntosh in Count One of the...
ORDER ELEANOR L. ROSS , District Judge . This matter is before the Court for consideration of the Report and Recommendation ("R&R") of Magistrate Judge Justin S. Anand. [Doc. 41.] Judge Anand recommends that Defendant's motion to suppress [Doc. 14], motion to dismiss for speedy trial violation [17], motion to dismiss [18] and motion to dismiss [19] be denied. After conducting a careful and complete review of a magistrate judge's findings and recommendations, a district court judge may...
ORDER HABEAS CORPUS 28 U.S.C. 2255 ELEANOR L. ROSS , District Judge . This matter is before the Court for consideration of the Report and Recommendation ("R&R") of Magistrate Judge Russell G. Vineyard. [Doc. 97]. Judge Vineyard recommends that Movant's 2255 Motion [Doc. 81] be denied and that a Certificate of Appealability be denied as well. After conducting a careful and complete review of a magistrate judge's findings and recommendations, a district court judge may accept, reject,...
ORDER WILLIAM M. RAY, II , District Judge . This matter is before the Court on the Magistrate Judge's Report and Recommendation ("R & R") [Doc. 56], which recommends that Defendant's motions to suppress evidence and statements [Docs. 19, 20, and 25] be DENIED. Defendant filed objections in response to the R & R [Doc. 58]. Following the Magistrate Judge's issuance of the R & R, this Court held an evidentiary hearing on November 7, 2019 [ see Doc. 62]. Upon consideration of the R & R,...
OPINION AND ORDER CLARENCE COOPER , District Judge . This matter is before the Court on Plaintiff/Counterclaim Defendant Ingram Micro, Inc.'s ("Ingram Micro") Tenth Motion in Limine to Bar Evidence and Testimony Regarding Other Lawsuits. The Court, being duly advised on the premises, now GRANTS said Motion. The Court finds inadmissible any evidence or testimony concerning or related to the Indiana litigation. The Parties, counsel, and their witnesses may not refer to this evidence in...
OPINION AND ORDER CLARENCE COOPER , District Judge . This matter is before the Court on Plaintiff/Counterclaim Defendant Ingram Micro, Inc.'s ("Ingram Micro") Ninth Motion in Limine to Bar Evidence and Testimony Regarding Statements by Counsel. The Court, being duly advised on the premises, now GRANTS said Motion. The Court finds inadmissible any evidence or testimony concerning or related to statements made by counsel. The Parties, counsel, and their witnesses may not refer to this...
OPINION AND ORDER CLARENCE COOPER , District Judge . This matter is before the Court on Plaintiff/Counterclaim Defendant Ingram Micro, Inc.'s ("Ingram Micro") Eighth Motion in Limine to Bar Evidence and Testimony Regarding Previously Undisclosed or Unidentified Records or Items. The Court, being duly advised on the premises, now GRANTS said Motion. The Court finds inadmissible any evidence or testimony concerning or related to previously undisclosed records, documents, or other...
OPINION AND ORDER CLARENCE COOPER , District Judge . This matter is before the Court on Plaintiff/Counterclaim Defendant Ingram Micro, Inc.'s ("Ingram Micro") Seventh Motion in Limine to Bar Evidence and Testimony Regarding Previously Undisclosed Fact Witnesses. The Court, being duly advised on the premises, now GRANTS said Motion. The Court finds inadmissible any evidence or testimony concerning or related witnesses not properly or timely disclosed because doing so would prejudice...
OPINION AND ORDER CLARENCE COOPER , District Judge . This matter is before the Court on Plaintiff/Counterclaim Defendant Ingram Micro, Inc.'s ("Ingram Micro") Sixth Motion in Limine to Bar Evidence and Testimony Regarding Witnesses Named on Mindful eCycling, LLC ("MeC")'s Witness Lists but Not Called at Trial. The Court, being duly advised on the premises, now GRANTS said Motion. The Court finds inadmissible any evidence or testimony concerning or related to the fact that witnesses...
OPINION AND ORDER CLARENCE COOPER , District Judge . This matter is before the Court on Plaintiff/Counterclaim Defendant Ingram Micro, Inc.'s ("Ingram Micro") Fifth Motion in Limine to Bar Evidence and Testimony Regarding the Truthfulness of Other Witnesses. The Court, being duly advised on the premises, now GRANTS said Motion. The Court finds inadmissible any evidence or testimony concerning or related to whether a previous witness has testified truthfully. The Parties, counsel, and...
OPINION AND ORDER CLARENCE COOPER , District Judge . This matter is before the Court on Plaintiff/Counterclaim Defendant Ingram Micro, Inc.'s ("Ingram Micro") Fourth Motion in Limine to Bar Evidence and Testimony Regarding Settlement Discussions. The Court, being duly advised on the premises, now GRANTS said Motion. The Court finds inadmissible any evidence or testimony concerning or related to settlement discussions between the Parties and the contents of those discussions. The...
OPINION AND ORDER CLARENCE COOPER , District Judge . This matter is before the Court on Plaintiff/Counterclaim Defendant Ingram Micro, Inc.'s ("Ingram Micro") Third Motion in Limine to Bar Evidence and Testimony Regarding Ingram Micro's Ownership. The Court, being duly advised on the premises, now GRANTS said Motion. The Court finds that any evidence or testimony concerning or related to the evidence demonstrating that Ingram Micro was acquired by a Chinese corporation, as well as...
OPINION & ORDER MICHAEL L. BROWN , District Judge . Defendant Zaccheus Obie moved to suppress the search and seizure of information from his cellular telephone (Dkts. 94; 103), to dismiss the indictment (Dkt. 98), and for a bill of particulars (Dkt. 99). Magistrate Judge Larkins denied the motion for bill of particulars and recommended denial of the motions to suppress and dismiss indictment. (Dkt. 111.) Defendant Obie objected to the recommendation to deny his motions to suppress and...
FINAL REPORT AND RECOMMENDATION MOTION TO VACATE 28 U.S.C. 2255 RUSSELL G. VINEYARD , Magistrate Judge . This matter has been submitted to the undersigned Magistrate Judge for consideration of David Stocks' pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255, [Doc. 81], and supporting memorandum, [Doc. 82-1], and the government's response, [Doc. 86]. For the reasons that follow, it is RECOMMENDED that Stocks' 2255 motion be DENIED. I....
ORDER MARK H. COHEN , District Judge . This action comes before the Court on the Report and Recommendation ("R&R") of Magistrate Judge Justin S. Anand [Doc. 45] recommending that Defendant's Amended Motion to Disqualify Counsel and to Suppress Statements ("Def.'s Mot.") [Doc. 33] be denied. The Order for Service of the R&R [Doc. 46] provided notice that, in accordance with 28 U.S.C. 636(b)(1), the parties were authorized to file objections within fourteen (14) days of the receipt of...
ORDER WILLIAM M. RAY, II , District Judge . This matter is before the Court on the Magistrate Judge's Report and Recommendation ("R & R") [Doc. 39], which recommends that Defendant's Motions to Suppress and Motion for a Franks hearing [Docs. 30, 34, 37] be DENIED, and that Defendant's Motion to Suppress Statements [Doc. 32] be DENIED as MOOT. No objection to the R & R has been filed. I. LEGAL STANDARD Pursuant to 28 U.S.C. 636(b)(1)(C) and LR 59(2)(a), the Court reviews the R & R...
REPORT AND RECOMMENDATION JUSTIN S. ANAND , Magistrate Judge . The bar in Georgia, as in most states, restricts lawyers from contacting others who are represented by counsel. See Ga. R. Prof. Conduct 4.2(a). Although no controlling precedent has been issued by the Eleventh Circuit or Georgia's appellate courts, many other courts have found that such "no-contact" rules allow legitimate, covert, criminal investigative activities prior to a formal charge. The Defendant now asks this Court...
ORDER AMY TOTENBERG , District Judge . Presently before the Court is the Magistrate Judge's Report and Recommendation ("R&R") [Doc. 1095], recommending denial of Defendant Michael Jackson's Motion to Suppress All Evidence Collected Pursuant to the Stored Communications Act [Doc. 608] and Order denying Defendant's Motion for Bill of Particulars [Doc. 609] 1 . As Defendant did not perfect his Motion to Suppress All Evidence Collected Pursuant to the Stored Communications Act [Doc. 608], the...
ORDER ORINDA D. EVANS , District Judge . This criminal case is before the Court on the Final Report and Recommendation of United States Magistrate Judge Linda T. Walker filed June 28, 2019 ("R&R") [Doc. 169]. No objections have been filed. After a thorough analysis, Judge Walker recommends that Movant's 2255 motion be denied and that a certificate of appealability be denied. Specifically, the Magistrate Judge found that Movant's role in the offense was not "minor," and his counsel's...
