Memorandum and Order WESLEY E. BROWN, Senior District Judge. This matter is before the court on the following motions: Coffeyville Resources' Motion to Clarify and/or for Reconsideration (Doc. 300); National Union's Motion for Reconsideration (Doc. 303); and Illinois Union's Motion for Certification for Immediate Appeal (Doc. 305). I. Coffeyville Resources' Motion to Clarify and/or for Reconsideration (Doc. 300). The court made numerous findings in its April 28, 2010 Memorandum and Order,...
MEMORANDUM & ORDER JOHN W. LUNGSTRUM, District Judge. This multidistrict litigation proceeding consolidates numerous putative collective and class actions against Bank of America, N.A. and related entities ("the Bank") on behalf of current and former non-exempt retail branch and call center employees alleging violations of both federal and state wage and hour laws. Plaintiffs' consolidated complaint includes class claims (on behalf of a putative California class) arising out of the Bank's...
MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. This matter comes before the Court on plaintiffs' Motion for Conditional Certification of Class Claims Under 216(b) of the FLSA (Doc. 35) and defendant's Unopposed Request for Oral Argument (Doc. 61). The parties have fully briefed the issues, and the Court has reviewed their arguments, attachments, and the parties' supplemental submissions. In light of the record provided, the Court finds additional oral argument is unnecessary. For...
MEMORANDUM AND ORDER ERIC F. MELGREN, District Judge. This involves a dispute over allegedly non-conforming goods between a company whose principal place of business is in Kansas and a business incorporated and located in Pakistan. Defendant seeks dismissal pursuant to Fed. R. Civ. P. 12(b)(2) and (3). Before the Court is Defendants' Motion to Dismiss for Lack of Personal Jurisdiction and Forum Non Conveniens (Doc. 11). The motion has been fully briefed. For the following reasons, the Court...
Memorandum and Order WESLEY E. BROWN, Senior District Judge. This matter is before the court on Northern's Motion for Preliminary Injunction (Doc. 341), which seeks an order prohibiting the defendants from operating their gas wells in "the Expansion Area" 1 pending a ruling on the merits of the complaint. The request for injunction is based on a claim that the continued operation of the defendants' wells constitutes a nuisance that unreasonably interferes with Northern's gas storage...
MEMORANDUM & ORDER JOHN W. LUNGSTRUM, District Judge. Plaintiff filed this proposed securities fraud class action suit on behalf of persons who purchased or acquired Sprint common stock on the open market from March 1, 2001 through January 29, 2003 (the "Class Period"). In its second amended complaint, which is subject to the heightened pleading standards of the Private Securities Litigation Reform Act of 1995 (PSLRA), 15 U.S.C. 78u-4, plaintiff alleges that a single statement made in...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. This case comes before the court on the defendant's motion to reverse and remand and for entry of final judgment (Doc. #12). The plaintiff filed a response to defendant's motion in which she stated she has no objection to defendant's motion and requested the Court to enter a judgment granting the defendant's motion to allow for further development under sentence four of 42 U.S.C. 405(g). (Doc. #14). After reviewing the pleadings...
MEMORANDUM AND ORDER MONTI L. BELOT, District Judge. Before the court is the Myers' motion for summary judgment. (Doc. 22). The matter has been fully briefed and is ripe for decision. (Docs. 23, 26, 27). The Kipps bring claims for breach of contract, negligent misrepresentation, fraud by silence, fraudulent misrepresentation, and rescission for mistake of fact. For the reasons set forth below, the Myers' motion is denied. I. FACTS The following facts are either stipulated to in the parties'...
MEMORANDUM AND ORDER KATHRYN H. VRATIL, District Judge. The Prairie Band Pottawatomie Nation, Sierra Club, Wetlands Preservation Organization, Jayhawk Audubon Society, Save the Wakarusa Wetlands, Inc., Kansas University Environs and EcoJustice bring suit against the Federal Highway Administration ("FHWA") and the Kansas Department of Transportation ("KDOT"). Plaintiffs challenge the Record of Decision in which the FHWA selected a particular route—the 32B Alternative—for the South Lawrence...
MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. Plaintiffs Dwight L. Almond, III, and Kevin C. Weems filed this action against their employer, the Unified School District #501 ("USD"), alleging violations of the Age Discrimination in Employment Act ("ADEA"), 1 and the Kansas Act Against Discrimination ("KAAD"). 2 In the Pretrial Order, plaintiffs alleged they were subjected to a wage cut because of their age, in violation of the ADEA. 3 On defendant's motion, the Court dismissed...
MEMORANDUM AND ORDER RICHARD D. ROGERS, District Judge. Plaintiff has filed an action alleging that defendant violated state law by retaliating against plaintiff for exercising his rights under the State of Kansas workers' compensation statute. Plaintiff also alleges that defendant violated the Family and Medical Leave Act ("FMLA") by unlawfully retaliating against and interfering with plaintiff's exercise of his FMLA rights. This case is before the court upon defendant's motion for summary...
MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. This removed case, which seeks only interest, comes before the court on the Sharps' motion to remand the case to state court. The Sharps believe the court lacks federal jurisdiction over their case, which seeks interest under Kansas law on Employee Retirement Income Security Act (ERISA) benefits which Wellmark previously paid to the Sharps pursuant to the parties' settlement agreement in a previous case. Background Several prior cases...
MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. After his claim for total disability benefits under a disability insurance policy was denied, plaintiff Charles Karlin, M.D. filed this lawsuit against defendants, The Paul Revere Insurance Company and The Unum Group fka Unumprovident Corporation, alleging claims for breach of contract, attorney's fees pursuant to K.S.A. 40-256, negligent misrepresentation, and declaratory judgment. This matter is before the Court on the parties'...
MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. This is a case that began with road rage fueled by egos and unwarranted self-righteousness, and aggravated by disguised identity. A Drug Enforcement Administration Agent ("DEA agent"), acting in an undercover capacity—but with the authoritative sentiments and expectations of an on-duty, uniformed law enforcement officer in a marked police vehicle—commits a traffic offense, expects an unwitting but equally self-righteous civilian...
MEMORANDUM & ORDER JOHN W. LUNGSTRUM, District Judge. Plaintiffs, individually and on behalf of others similarly situated, filed this wage and hour suit against defendant alleging violations of the overtime provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq. Specifically, plaintiffs, all current or former hourly production employees at defendant's bakery facility in Kansas City, Kansas, allege that defendant failed to compensate them for time spent performing...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. In this action, 54 plaintiffs assert state-law claims against 17 defendants who allegedly purchased plaintiffs' oil and gas from intermediaries who then declared bankruptcy. Plaintiffs brought the suit in the District Court of Pratt County, Kansas, and 15 of the defendants subsequently removed the case to this Court under the bankruptcy removal statute, 28 U.S.C. 1452. Defendants Cimarron Transportation, LLC ("CT") and Crude Marketing...
MEMORANDUM AND ORDER DONALD W. BOSTWICK, United States Magistrate Judge. Presently before the Court are the following crossclaims: 1. Crossclaim of Farmers Alliance Mutual Insurance Company (FAMI) against the City/County Defendants (Doc. 291); and 2. Crossclaim of City of Ogden, City of Manhattan, and Board of County Commissioners of the County of Riley, Kansas (City/County Defendants) against FAMI. (Doc. 292.) I. PROCEDURAL BACKGROUND. These crossclaims arise out of a court-ordered...
MEMORANDUM AND ORDER ERIC F. MELGREN, District Judge. Plaintiffs, Alejandro, Guadalupe, and Jose Garcia, former employees of La Mesa restaurant in Lansing, Kansas, bring this action against Defendants, Palomino, Incorporated ("Palomino"), and Francisco Onate ("Onate"), under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201. Plaintiffs claim that Defendants violated the FLSA's minimum wage and overtime provisions. Now before the Court is Plaintiffs' Motion for Sanctions (Doc. 42),...
MEMORANDUM AND ORDER J. THOMAS MARTEN, District Judge. This is an action by Theresa Beat as Executor of the Estate of Darrel Dean Dyche, seeking a refund on estate taxes. The case represents a continuation in the lengthy litigation between Beat and the government and centers on the contention advanced by Beat after Dyche's death that the two were common-law husband and wife. Three motions for summary judgment are now before the court. In the first motion (Dkt. 62), Beat seeks a determination...
MEMORANDUM AND ORDER JAMES P. O'HARA, United States Magistrate Judge. This is an unfair competition case. It arises out of a dealer agreement that granted plaintiff, Utility Trailer Sales of Kansas City, Inc. ("Utility Trailer"), a license to sell trailers manufactured by defendant MAC Trailer Manufacturing, Inc. ("MAC"). Utility Trailer brought claims against MAC for breach of contract, tortious interference with a prospective business expectancy or relationship, and violation of the Kansas...
