ORDER G.R. SMITH, United States Magistrate Judge. In this trademark and copyright infringement case, plaintiffs Coach, Inc. and Coach Services, Inc. (hereafter for convenience, Coach) move to compel Hubert Keller, Inc. (HKI) to produce its tax returns and financial information for 2009-2011. Doc. 40. It also wants to re-depose HKI about its revenues for those years because HKI refused to answer questions about them. Id. at 1-2. Finally, it seeks Fed. R.Civ.P. 37 sanctions for its motion...
ORDER WILLIAM T. MOORE, JR., District Judge. Before the Court are Cross-claimant Dharmistha Shah's ("Shah") Motion for Summary Judgment (Doc. 103) and Cross Defendants Southeast Business Network, Inc. ("SEBN") and Edward J. Howie's Motion for Partial Summary Judgment (Doc. 95) on Shah's cross-claim. For the reasons that follow, Shah's Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART and SEBN's Partial Motion for Summary Judgment is DISMISSED AS MOOT. Shah's first count...
ORDER DUDLEY H. BOWEN, District Judge. Plaintiff Ayanna Wiggins, a black female, is suing her former employer, Defendant John M. McHugh, Secretary for the Department of the Army, asserting claims of race discrimination, retaliation, and hostile work environment. The case is presently before the Court on the Army's motion for summary judgment. Upon consideration of the record evidence, the relevant law, and the briefs of counsel, the motion is GRANTED. I. BACKGROUND A. Plaintiff's Early...
CONFIDENTIALITY ORDER G.R. SMITH, District Judge. To expedite the flow of discovery material, facilitate the prompt resolution of disputes over confidentiality, adequately protect material entitled to be kept confidential, and ensure that protection is afforded only to material so entitled, it is, pursuant to the Court's authority under Fed. R. Civ. P. 26(c)(1)(g) and by consent of the parties, IT IS ORDERED as follows: 1. Non-disclosure of Stamped Confidential Documents. Except with...
ORDER J. RANDAL HALL, District Judge. Presently pending before the Court are Defendants' joint motion to strike the testimony and opinions of Plaintiff's Rule 26(a)(2) expert (doc. no. 32) and individual motions for summary judgment (doc. nos. 33, 37). For the reasons stated below, the motion to strike is DENIED IN PART, but the motions for summary judgment are GRANTED. I. BACKGROUND This legal malpractice and breach of fiduciary duty case arises out of the alleged representation of...
ORDER LISA GODBEY WOOD, Chief Judge. Presently before the Court are Cross-Motions for Summary Judgment filed by the Plaintiffs and the Defendants in this action. See Dkt. Nos. 73, 76. Upon due consideration, Defendants' Motion for Summary Judgment is GRANTED, and Plaintiffs' Motion for Summary Judgment is DENIED. INTRODUCTION This action is predicated on alleged violations by one or more of the Defendants under the National Environmental Policy Act of 1969 ("NEPA"), 42 U.S.C. 4321...
ORDER J. RANDAL HALL, District Judge. Presently pending before the Court are the parties' cross-motions for summary judgment. (Doc. nos. 208, 211, 213.) For the reasons set forth below, Defendants' motions for summary judgment (doc. nos. 211, 213) are GRANTED, and Plaintiffs' motion for summary judgment (doc. no. 208) is correspondingly DENIED. I. BACKGROUND This case arises out of the inclusion of certain physicians in a healthcare provider network (the "PHCS Network") assembled by...
ORDER WILLIAM T. MOORE, Jr., District Judge. Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 7), to which no objections have been filed. After a careful de novo review of the record, the Court does not concur with the report and recommendation. Accordingly, the report and recommendation is REJECTED and this matter is again REFERRED to the Magistrate Judge with the following directions. Petitioner contends that, following his guilty plea and sentencing for drug...
ORDER WILLIAM T. MOORE, Jr., District Judge. Before the Court is Plaintiffs' Petition to Approve Compromise, Settlement and Disbursement of Proceeds. (Doc. 116.) Because this case involves minors, the Court must approve the settlement of any claims. See S.D. Ga. L.R. 17.1(a). The Court has reviewed the terms of the settlement agreement, the expenses advanced by Plaintiffs' attorneys, and the amount of proceeds to be remitted to Plaintiffs' attorneys. After careful consideration, Plaintiffs'...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION W. LEON BARFIELD, Magistrate Judge. In the above-captioned criminal case, the government has charged Defendant Sanquan Yking Sullivan with one count of possession with intent to distribute an amount of cocaine base, in violation of 21 U.S.C. 841(a)(1)(b)(1)(C); one count of possession with intent to distribute 500 grams or more of cocaine hydrochloride, in violation of 21 U.S.C. 841(a)(1)(b)(1)(B); two counts of possession of a firearm in...
REPORT AND RECOMMENDATION G. R. SMITH, Magistrate Judge. Maurice Bernard Young has filed a motion under 28 U.S.C. 2255 seeking to vacate his conviction and sentence on the ground that his defense attorney provided ineffective representation. Specifically, he says that his attorney was deficient both in failing to challenge his status as an armed career offender under 18 U.S.C. 924(e), and in failing to consult with him about an appeal or comply with his request that an appeal be filed....
ORDER DUDLEY H. BOWEN, District Judge. After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation ("R&R"), to which objections have been filed (doc. nos. 14, 15). The Magistrate Judge recommended that the final decision of the Commissioner be reversed and that the case be remanded because the Administrative Law Judge ("ALJ") did not support with substantial evidence his conclusion that Plaintiff's minor daughter, M.B. ("Claimant"),...
ORDER J. RANDAL HALL, District Judge. Presently pending before the Court is Federal Home Mortgage Corporation ("FHMC"), Ocwen Loan Servicing, Inc. ("OCWEN") and J. P. Morgan Chase Bank, N.C.'s ("Chase") (collectively "Defendants") motion to dismiss Plaintiff's Amended Complaint (doc. no. 34) and Lisa DeSouza's ("Plaintiff") Motion to Deny Defendants' Second Motion to Dismiss Plaintiff's Complaint. (doc. no. 35). Upon due consideration, Defendants' motion is GRANTED and Plaintiff's motion is...
ORDER WILLIAM T. MOORE, Jr., District Judge. Before the Court is Plaintiffs Thomas G. Merritt and Waterway on the Ogeechee's ("Waterway") Motion for Reconsideration. (Doc. 183.) In the motion, Plaintiffs ask this Court to reconsider its prior order (Doc. 178) limiting the damages Plaintiffs can recover in this case to the appropriate rental value of the actual land wrongfully possessed. Seeing no reason to disturb its prior order, Plaintiffs' motion is DENIED. However, the Court will, yet...
ORDER J. RANDAL HALL, District Judge. Presently pending before the Court is the Government s Motion to Remand. (Doc. no. 21.) On August 11, 2011, Plaintiff filed suit in this Court pursuant to 42 U.S.C. 405(g) seeking review of a decision of the Commissioner of Social Security that denied her application for Social Security Disability Benefits. (Doc. no. 1.) The government has now indicated that the appropriate action in this case should be the reversal of the decision of the Commissioner...
ORDER G. R. SMITH, Magistrate Judge. Let a copy of this Report and Recommendation be served upon movant and counsel for respondent. Any objections to this Report and Recommendation must be filed with the Clerk of Court not later than August 14, 2012. The Clerk shall submit this Report and Recommendation together with any objections to the Honorable B. Avant Edenfield, United States District Judge, on August 15, 2012. Failure to file an objection within the specified time means that this...
REPORT AND RECOMMENDATION G. R. SMITH, Magistrate Judge. Lawrence Hugh McCullough, Jr. has filed a 28 U.S.C. 2255 motion. CR609-048, doc. 969. 1 The government moves to dismiss it. Doc. 993. The motion should be granted. I. BACKROUND McCullough was indicted on drug and firearm charges. Doc. 1. A superseding indictment sought forfeiture of his assets. Doc. 477. He retained John Kendall Gross as counsel, doc. 104, and later pled guilty to reduced charges pursuant to a plea agreement in...
ORDER WILLIAM T. MOORE, Jr., District Judge. Before the Court is the Magistrate Judge's Report and Recommendations (Docs. 67, 71), to which objections have been filed (Docs. 70, 76, 80, 81, 83, 84). After a careful de novo review of the record in this case, the Court concludes that Plaintiff's objections are without merit. Accordingly, the report and recommendation is ADOPTED as the Court's opinion in this case. As a result, Defendants Sony Music and LaFace's Motion for Summary Judgment (...
ORDER DUDLEY H. BOWEN, District Judge. After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Respondent's motion to dismiss is GRANTED (doc. no. 4), and the instant motion filed pursuant to 28 U.S.C. 2255 is DISMISSED without an evidentiary hearing. Further, a...
ORDER RANDAL HALL, District Judge. Presently pending before the Court are Plaintiff's motion for reconsideration and motion for recusal. (Doc. no. 8.) For the reasons set forth below, these motions are DENIED. I. BACKGROUND On May 24, 2012, Plaintiff filed suit pro se and on behalf of her minor daughter seeking judicial review of a decision of the Social Security Administration. (Doc. no. 1, Ex. A.) On June 27, 2012, this Court issued an Order requiring Plaintiff to show cause as to...
