ORDER LISA GODBEY WOOD, Chief Judge. Presently before the Court is Plaintiffs Guy J. Carrier and Jacquelyn A. Carrier's Motion for Default Judgment and/or Summary Judgment. Upon due consideration, the Motion for Default Judgment and/or Summary Judgment is GRANTED in part as to Defendant's liability only; a damage award is deferred until the conclusion of a hearing on damages. BACKGROUND The facts underlying this dispute are set forth in the Order granting the Carriers' motion for entry...
ORDER J. RANDAL HALL, District Judge. Before the Court in the captioned case is Plaintiff Jennifer Keeton's (Plaintiff) motion for preliminary injunction. (Doc. no. 3.) Pursuant to Plaintiff's request, the Court heard oral argument and conducted an evidentiary hearing regarding the motion on August 11, 2010. While Plaintiff may ultimately prevail in this case, the current record reveals that she has failed to clearly establish her high burden of persuasion of a "substantial likelihood" of...
ORDER J. RANDAL HALL, District Judge. After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. 1 Therefore, the prior motions to dismiss the indictment are NULLITIES (doc. nos. 44, 56), and Defendant's supplemental motion to dismiss is DENIED (doc. no. 82). MAGISTRATE JUDGE'S...
ORDER B. AVANT EDENFIELD, District Judge. I. INTRODUCTION This case arises from the temporary employment of Mexican farm workers through the Department of Labor's ("DOL") H-2A program. The Defendants, Delbert C. Bland and Bland Farms, LLC (collectively "Bland Farms") hired the Plaintiffs and other H-2A guest workers in their onion planting and harvesting operations in and around Glennville, Georgia during the 2001 to 2006 seasons. Doc. # 118 at 1-2. Plaintiffs have brought a claim...
ORDER LISA GODBEY WOOD, Chief Judge. Presently before the Court is Defendants' Motion to Dismiss in Lieu of an Answer, or in the Alternative, Motion for a More Definite Statement. For the reasons set forth below, Defendants' Motion to Dismiss is GRANTED. BACKGROUND Plaintiff was employed by the Georgia Department of Natural Resources in Ware County, Georgia as an Assistant Golf Superintendent from July 2, 2005 to February 12, 2007. After that date, his employment with the Department...
ORDER LISA GODBEY WOOD, Chief Judge. Presently before the Court is Defendant Anthony L. Harrison's Motion to Dismiss. For the reasons stated below, Defendant's Motion is GRANTED. BACKGROUND As is appropriate in ruling on a motion to dismiss, the Court accepts all factual allegations in Plaintiff's Complaint as true. See Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937 , 1949-50, 173 L.Ed.2d 868 (2009). Plaintiff Richard C. Fitzpatrick, who was having domestic difficulties, met with...
ORDER LISA GODBEY WOOD, Chief Judge. Presently before the Court are Defendant RLI Insurance Company's Motion for Summary Judgment and Plaintiff Guy J. Carrier's Motion for Partial Summary Judgment. Upon due consideration, Defendant's Motion for Summary Judgment is GRANTED, and Plaintiff's Motion for Partial Summary Judgment is DENIED. BACKGROUND A. Facts Plaintiff Guy J. Carrier and his wife purchased a fifty-foot Aventure Power Catamaran (the "Vessel") on or about May 17, 2008, from...
ORDER LISA GODBEY WOOD, Chief Judge. Presently before the court is Defendant's Motion for Partial Summary Judgment. For the reasons discussed below, Defendant's Motion is granted in part and denied in part. BACKGROUND At this stage in the case, the Court views the facts in the light most favorable to Plaintiff, the nonmovant. See Adickes v. S.H. Kress & Co., 398 U.S. 144 , 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Viewed in such a light, the facts are as follows. On July 18, 2005,...
ORDER LISA GODBEY WOOD, Chief Judge. Presently before the Court is Defendant Clorox International Company's Motion for Summary Judgment. Upon due consideration, the Motion for Summary Judgment is GRANTED. BACKGROUND 1. FACTS Plaintiff Gloria Lee brought this wrongful death action arising from the murder of her husband, Roger Earl Lee ("Mr. Lee"). ( See Dkt. No. 1.) Mr. Lee owned a truck and worked as a contract carrier for National Freight, Inc. Defendant Clorox International Co. ("...
ORDER LISA GODBEY WOOD, Chief Judge. Presently before the Court are Electrolux's Motion to Dismiss (Dkt. No. 79), Electrolux's Motion to Partially Strike Class Allegations (Dkt. No. 87), and Plaintiffs' Motion for Class Certification (Dkt. No. 97). Electrolux's Motion to Dismiss and Motion to Partially Strike Class Allegations are GRANTED IN PART and DENIED IN PART. Plaintiffs' Motion for Class Certification is DENIED. I. Background The following factual allegations are taken...
ORDER LISA GODBEY WOOD, Chief Judge. Plaintiff Lynda J. Tootle brought this action against Defendant CSX Transportation, Inc. ("CSX") pursuant to the Federal Employers' Liability Act, 45 U.S.C. 51 et seq., the former Federal Safety Appliance Act, 45 U.S.C. 1-16 (repealed 1994), and the former Boiler Inspection Act, 45 U.S.C. 22-34 (repealed 1994). Presently before this Court is CSX's Motion for Summary Judgment on all of Plaintiffs claims against the railroad. (Dkt. No. 48.)...
