MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. Introduction.......................................................................1210 I. Motions Relating to Experts ..................................................1211 A. Plaintiffs' Motion to Exclude Troxel Testimony (Doc. # 426) ..............1211 B. Plaintiffs' Motion to Exclude Sur-Rebuttal Reports (Doc. # 428) ..........1211 C. Purolite's Motion to Exclude Clifford Testimony (Doc. # 430) .............1212 D. Plaintiffs'...
MEMORANDUM AND ORDER J. THOMAS MARTEN, District Judge. Dr. Mila Means, a family practitioner in Wichita, Kansas, has publicly announced that she is receiving the training required for her to perform abortion services. Means had been a friend of Dr. George Tiller, a prominent provider of abortion services, until his murder on May 31, 2009, by Scott Roeder. On or around January 19, 2011, defendant Angel Dillard wrote a letter to Means urging her to drop her plans. Invoking consequences ranging...
MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. This case involves a very tragic situation. Plaintiff E.P. endured such severe child abuse at the hands of his potential adoptive mother, Holly Bellinger, that he sustained catastrophic and permanent brain damage. Sadly, despite the concern, inquiry and examination by many individuals, including his biological mother, a doctor and nurse practitioner at Irwin Army Community Hospital ("IACH"), and a Riley County Health Department worker,...
MEMORANDUM AND ORDER J. THOMAS MARTEN, District Judge. The following matters are before the court: Plaintiffs' Motion for Summary Judgment (Dkt. No. 86); Defendant's Cross-Motion for Summary Judgment (Dkt. No. 90); and Plaintiffs' Motion for Permanent Injunction (Dkt. No. 100). After extensive briefing by both parties, the court is prepared to rule. For the following reasons, the court grants plaintiffs' summary judgment motion and denies defendant's motion. The court denies plaintiffs'...
Memorandum and Order WESLEY E. BROWN, Senior District Judge. Plaintiff American Civil Liberties Union of Kansas and Western Missouri ("ACLU") filed this action under 42 U.S.C. 1983 seeking declaratory and injunctive relief to halt enforcement of a Kansas statute which took effect on July 1, 2011. A portion of the statute essentially prohibits insurance companies in Kansas from providing coverage for "elective" 1 abortion services under comprehensive health insurance policies. 2 2011 Ks....
MEMORANDUM AND ORDER WESLEY E. BROWN, Senior District Judge. Plaintiffs filed the above entitled case against Monumental Life Insurance Company, alleging breach of an insurance contract in failing to pay insurance benefits. Plaintiffs request judgment for the amount of the life insurance contract, interest, and attorney fees. The parties have filed cross motions for summary judgment. I. Facts 1. Monumental issued a policy of accidental death insurance, Policy No. 14A9150558 (hereinafter...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. In this case, the Securities Exchange Commission ("SEC") has brought various claims against defendant Stephen M. Kovzan under the federal Securities Act of 1933 ("Securities Act"), 15 U.S.C. 77a et seq., and the federal Securities Exchange Act of 1934 ("Exchange Act"), 15 U.S.C. 78a et seq. The matter is presently before the Court on defendant's motion to dismiss the amended complaint (Doc. # 23). For the reasons set forth below,...
MEMORANDUM AND ORDER J. THOMAS MARTEN, Judge. Plaintiff Planned Parenthood of Kansas and Mid-Missouri has filed the present action seeking to prevent the application and enforcement of recent Kansas legislation which has the effect of excluding Planned Parenthood from successfully applying with the state Kansas Department of Health and Environment (KDHE) for federal Title X family planning funding. The defendants in the action are Sam Brownback, Governor of Kansas, and Dr. Robert Moser, the...
MEMORANDUM AND ORDER J. THOMAS MARTEN, District Judge. Defendant First Student, Inc.'s Motion to Dismiss or in the Alternative Motion for Judgment on the Pleadings (Dkt. No. 53) and Motion for Judgment on the Pleadings (Dkt. No. 32) are before the court. For the following reasons, the court denies the motions. I. Factual Background This is a negligence action in which plaintiff, Kieva Pleas, alleges that K.W., a minor, was ejected from her wheelchair and thrown to the floor of the school...
MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. This is a consumer protection action against several individual and corporate defendants for their roles in marketing and selling to consumers grant-related goods and services upon allegedly false representations that the consumers were guaranteed or likely to receive grants and for follow-up based on the same or similar deceptive representations. Plaintiffs Federal Trade Commission ("FTC"), and State of Kansas, State of North Carolina,...
MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. This matter comes before the Court on appeal from the bankruptcy court's October 4, 2010 Order Overruling Joint Objection to Homestead Exemption filed by appellants Michael and Connie Wolters and the Chapter 7 Trustee Eric C. Rajala ("Appellants" or "Wolters"). The bankruptcy court's order overruled the Wolters' objection to the homestead exemption filed by Debtors Bennie Arthur Lakey, Sr., and Geral Dine Lakey ("Appellees" or "Lakeys")....
MEMORANDUM AND ORDER ERIC F. MELGREN, District Judge. Plaintiff C. Frances Thomas brings this diversity suit under Oklahoma law under theories of negligence and negligence per se. Thomas alleges that her spine was injured when Defendant Tony Joe Cantrell negligently operated a tractor trailer, causing an accident on U.S. Highway 60 in Vinita, Oklahoma on May 27, 2008. Defendant Johnson Agri-Trucking was a carrier-lessee, leasing the truck Cantrell was driving. Before the Court is...
MEMORANDUM AND ORDER WESLEY E. BROWN, Senior District Judge. Defendant Advantage 2000 Consultants, Inc., (hereafter A2K) filed a Motion for Judgment on the Pleadings (Doc. 34) pursuant to Fed.R.Civ.P. 12(c). Plaintiff Kisor filed a response, in which he requests the court convert the Motion for Judgment on the Pleadings to a Motion for Summary Judgment (Doc. 45), pursuant to Fed. R.Civ.P. 56(d). Following the filing of A2K's reply, Kisor filed a Motion to Strike (Doc. 51), seeking to...
MEMORANDUM AND ORDER ERIC F. MELGREN, District Judge. This is an employment discrimination case. Plaintiffs, Kimberly Skar, Peggy Dawson, Ann Conley, and Checotah Lyday-Mayes, are African-American females who formerly worked for Defendant, Spirit Aerosystems, Inc. ("Spirit"). Plaintiffs were terminated after if it was discovered that they had other employees clock them in in order to cover up the fact that they occasionally reported to work late. Believing that Defendant acted unlawfully...
MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. Plaintiff filed this action alleging claims of discrimination and retaliation on the basis of sex and age under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act ("ADEA"), the Kansas Act Against Discrimination ("KAAD"), and the Kansas Age Discrimination in Employment Act ("KADEA"). Plaintiff also alleges a violation of the Equal Pay Act and common law claims for breach of contract, or in the alternative,...
MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. This case comes before the Court on Defendant's Motion for Summary Judgment (Doc. 41) on plaintiff's Complaint, alleging violations of the Family Medical Leave Act 1 ("FMLA"), and the Americans with Disabilities Act 2 ("ADA"). Plaintiff previously voluntarily dismissed her claim under the Age Discrimination in Employment Act. 3 Plaintiff has responded and moves for leave to file a surreply (Doc. 50). Because there are material issues...
MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. This is an action reviewing the final decision of the Commissioner of Social Security denying the plaintiff disability insurance benefits and supplemental security income payments. The matter has been fully briefed by the parties. I. General legal standards The court's standard of review is set forth in 42 U.S.C. 405(g), which provides that "the findings of the Commissioner of Social Security as to any fact, if supported by...
MEMORANDUM AND ORDER RICHARD D. ROGERS, District Judge. This matter is presently before the court upon the motion of Kansas Penn Gaming, LLC (KPG) and Penn National Gaming, Inc. (Penn National) for attorneys' fees and expenses. Having carefully reviewed the motion, the court is now prepared to rule. I. Some background is necessary to understand the context of this motion. These consolidated actions arose from the decision of KPG to terminate a property purchase agreement with HV Properties...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. This case arises from a dispute between plaintiff District Lodge 70, an affiliate of plaintiff International Association of Machinists and Aerospace Workers (collectively, the "Union"), and the Boeing Company. The Union has filed a complaint under 301 of the Labor Management Relations Act, 29 U.S.C. 185, seeking to compel Boeing to arbitrate a grievance relating to the layoff of David Russell, a former employee at Boeing's...
MEMORANDUM AND ORDER ERIC F. MELGREN, District Judge. Presently before the court is Defendant Fort Hays State University's (FHSU's) motion for summary judgment (Doc. 28). For the following reasons, the court grants the motion. I. Background This is a Title VII employment case involving claims of gender discrimination and retaliation. Plaintiff is a white female who has worked for the state of Kansas as a custodial specialist at FHSU since September 2006. Plaintiff claims that FHSU...
