MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION LIES E. GRAHAM, Magistrate Judge. Plaintiff contests the decision of Administrative Law Judge Morton J. Gold, Jr. ("the AU") denying her claim for Supplemental Security Income. Plaintiff urges the Court to reverse and remand the AL's decision for a proper determination of the evidence. Defendant asserts the Commissioners decision should be affirmed. Plaintiff filed an application for Supplemental Security Income on February. 6, 2007, alleging...
ORDER J. RANDAL HALL, District Judge. Presently before the Court in the captioned matter is Defendant Greater Augusta Association of Realtors, Inc.'s ("GAAR") motion to dismiss the entirety of Plaintiff's complaint. Upon consideration of the complaint, the parties' briefs, and the relevant law, the motion to dismiss is GRANTED . I. BACKGROUND A. Plaintiff's Allegations Plaintiff Jefferson W. Keller III is a licensed real estate agent and owner of Century 21 Jeff Keller Realty. (Compl....
ORDER J. RANDAL HALL, District Judge. On June 23, 2009, Plaintiff Jon Stringfield ("Plaintiff") filed a complaint in the Superior Court of Richmond County, Georgia, alleging that Defendant IAP World Services, Inc. ("Defendant" or "IAP") committed libel and slander against him. (Doc. no. 1.) Defendant removed the action to this Court and subsequently filed a motion for summary judgment (doc. no. 21) and a motion to strike the affidavit of J. Patrick Arthur (doc. no. 51), which are both...
ORDER LISA GODBEY WOOD, Chief Judge. Presently before the Court is Plaintiff Donald E. Thornton's Motion for Sanctions and to Strike the Answer of Defendant Blitz USA, Inc. and to Compel Discovery. Upon due consideration, the Motion is DENIED. BACKGROUND Plaintiff Donald E. Thornton filed this lawsuit, alleging that Defendant Blitz USA manufactured, and Defendant Wal-Mart Stores sold, a defective portable gas container that was unreasonably dangerous due to the absence of a device called...
ORDER LISA GODBEY WOOD, Chief Judge. After an independent and de novo review, the undersigned adopts the Magistrate Judge's Report and Recommendation, to which Defendant Jay Wayne Burch has filed Objections. Defendant's Motion to Suppress is hereby DENIED. BACKGROUND On the evening of November 6, 2008, David Flansburg contacted the Charlton County Sheriff's Office to complain about loud music coming from a neighboring trailer home belonging to Defendant Jay Wayne Burch, located at 120...
ORDER LISA GODBEY WOOD, Chief Judge. Presently before the Court is Defendant Clarendon National Insurance Company's Renewed Motion for Judgment as a Matter of Law, or Alternatively, Motion for New Trial. Upon due consideration, Defendant's motion is DENIED. BACKGROUND Defendant Clarendon National Insurance Company provided Plaintiff Fleming, Ingram & Floyd, P.C. (the "Firm"), with professional liability coverage for the policy period of March 13, 2002, to March 12, 2003. Under the terms...
ORDER LISA GODBEY WOOD, Chief Judge. Presently before the Court is Defendants' Motion for Summary Judgment. Upon due consideration, the motion is GRANTED. BACKGROUND This case arises from a lawsuit brought by Douglas Asphalt Company ("DAC") and two of its owners/guarantors (Joel and Kyle Spivey) against Applied Technical Services ("ATS"). DAC and the Spiveys retained Plaintiffs Savage & Turner, P.C. and Kenneth E. Futch, P.C, two law firms, to represent them against ATS. A trial in the...
ORDER LISA GODBEY WOOD, Chief Judge. Presently before the Court is Defendants' Motion to Dismiss Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated herein, Defendants' motion is GRANTED. BACKGROUND For purposes of this Motion to Dismiss, the allegations in Plaintiff's Complaint are taken as true. See Powell v. Lennon, 914 F.2d 1459 , 1464 (11th Cir.1990). On December 2, 2008, Plaintiff Tiffany Townsend, a black female, was driving with a...
ORDER LISA GODBEY WOOD, Chief Judge. Presently before the Court is Defendant's Motion to Dismiss Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons set forth below, Defendant's motion is GRANTED. BACKGROUND In 2005 and 2006, Douglas Asphalt Company ("Douglas Asphalt"), a construction company, applied for Plaintiff to provide performance bonds for approximately thirty-six projects. Compl. 6, ECF No. 1. As a precondition to issuing the bonds,...
ORDER LISA GODBEY WOOD, Chief Judge. Presently before the Court is Defendant's Motion for Judgment of Acquittal or New Trial. For the reasons stated herein, Defendant's Motion for Judgment of Acquittal is GRANTED as to Count One. Defendant's Motion for New Trial is DENIED. BACKGROUND Defendant was indicted on January 7, 2010 on two Counts related to child pornography. Count One charged him with possession of child pornography in violation of 18 U.S.C. 2252A(a)(5)(B). Count Two...
ORDER WILLIAM T. MOORE, JR., District Judge. Before the Court is Plaintiff's Motion for Summary Judgment. (Doc. 31.) For the reasons that follow, this motion is GRANTED. 1 The Clerk of Court is DIRECTED to close this case. BACKGROUND This action for declaratory judgment originates from an October 14, 2008 highway accident involving a tractor trailer that resulted in the death of James R. Maier. (Doc. 37 at 2; Doc. 1, Attach. 1 1.) The tractor trailer was operated by an employee of...
ORDER WILLIAM T. MOORE, JR., District Judge. Before the Court is Defendant and Counter Claimant Continental Casualty Company's ("Continental") Motion for Summary Judgment. (Doc. 23.) Plaintiffs and Counter Defendants have filed a response in opposition (Doc. 27.) and an objection (Doc. 30) to an unrelated magistrate judge's order (Doc. 26) denying them leave to amend their answer to the counterclaim. For the reasons that follow, Defendant's motion is GRANTED, and the Court finds the...
ORDER G.R. SMITH, United States Magistrate Judge. Plaintiffs move to amend their complaint to reflect a defendant's proper name. Doc. 54. Some background: This 42 U.S.C. 1983, excessive force case arises from an attempted traffic stop in Savannah, Georgia, in which "robbery-detail" police stopped David Willis's vehicle. Doc. 32 at 3-7 (Joint Status Report; its facts are accepted here as true for the purpose of this Order). According to the police, Willis tried to run an officer down as he...
