MEMORANDUM AND ORDER JAMES P. O'HARA, United States Magistrate Judge. I. Introduction The ultimate outcome of this probation-violation matter hinges largely on the meaning of the verb "hunt." This is something the defendant, William Spann, who's a professional big-game hunter, was specifically prohibited from doing anywhere in the United States for six months following his recent conviction in this court on a deer-hunting offense. On June 27 and 28, 2013, the undersigned U.S. Magistrate...
AGREED PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. Upon stipulation by Plaintiffs Renee Bjorn ("Bjorn") and William Graf ("Graf") (collectively "Plaintiffs") and Defendants Jerry Erwin Associates, Inc. ("JEA") and Cypress Kansas City Operations, LLC ("Cypress") (collectively "Defendants") (jointly "the Parties"), pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, request entry of a protective order to ensure and maintain the confidentiality or privileged nature of...
MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. Plaintiff brings this action asserting claims of retaliation and interference arising under the Family Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. 2601 et seq. Plaintiff asserts claims against his prior employer, Defendant Fox & Hound Restaurant Group ("Fox & Hound"), for alleged interference with his FMLA rights and retaliation for asserting rights under the FMLA. This matter is before the Court on Defendant's Motion for Summary...
MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. The plaintiff Cessna Finance Corporation ("Cessna") filed a two-count petition in the District Court of Sedgwick County, Kansas, to recover amounts due from the defendant VYWB, LLC on two notes and amounts due from the defendant Parmjit S. Parmar ("Parmar") on two guaranties. The defendant Parmar filed a notice of removal on August 22, 2013, in which he asserts that not until July 23, 2013 did he receive notice of the state court...
MEMORANDUM AND ORDER J. THOMAS MARTEN, District Judge. While unloading his employer's anhydrous ammonia tanker trailer, Ronald Hoskinson suffered serious injuries leading to his death when he came in contact with the power take-off (PTO) shaft extending from his truck to a pump on the tanker. His surviving spouse, Betty Hoskinson, brings the present action against a small Oklahoma company, High Gear Repair, Inc., which had performed work on the tanker ten months before the accident. Because...
JOINT PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. Plaintiff John Mason alleges personal injuries arising from an altercation with defendant Marcel Matthews in Vancouver, British Columbia, Canada, on or about March 18, 2012. Plaintiff filed this action against Matthews and his employer, defendant NPB Companies, Inc., under various tort theories. Plaintiff received medical treatment in Canada and the United States, and he objected to written discovery seeking his Social Security number...
MEMORANDUM AND ORDER MONTI L. BELOT, District Judge. Before the court are the following: Coffeyville's Motion for Summary Judgment (Doc. 419, 420); National's Response (Doc. 428); Illinois' Response (Doc. 425); National's Motion for Reconsideration (Doc. 417); Illinois' Joinder in the Motion (Doc. 418); Coffeyville's Response (Doc. 421); National's Reply (Doc. 422); and National's Motion to Strike (Doc. 430, 431); Illinois' Joinder in the Motion (Doc. 434); Coffeyville's Response (Doc. 436)...
MEMORANDUM AND ORDER ERIC F. MELGREN, District Judge. This matter is before the Court on Plaintiff Hanover Insurance Company ("Hanover") and Plaintiff Massachusetts Bay Insurance Company's ("Massachusetts Bay") Motion for Summary Judgment (Doc. 24). Plaintiffs seek a declaratory judgment stating that the Commercial General Liability Policy and the Business Auto Policy issued to Professional Moving & Storage do not provide Defendants Robert Jones and Doug Havlik liability coverage for the...
MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. This employment discrimination case comes before the Court on Defendant's motion to dismiss Plaintiff's amended complaint for failure to state a claim and for lack of jurisdiction. Plaintiff, acting pro so, opposes the motion. I. Motion to Dismiss Standards "The court's function on a Rule 12(b)(6) motion is not to weigh potential evidence that the parties might present at trial, but to assess whether the plaintiff's ... complaint...
STIPULATED PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. Plaintiff Ashley Patton ("Plaintiff") and Defendant Entercom Kansas City, LLC ("Defendant"), by and through their respective counsel, have stipulated to the terms of this Order. The Court being fully advised of the terms and agreement herein, it is hereby ORDERED: 1. Purpose of Order. The purpose of this Order is to prevent the disclosure of matters deemed confidential under the terms of this Order to persons or entities...
MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. Plaintiff filed this action alleging claims of interference with her rights under the Family and Medical Leave Act ("FMLA"), and discrimination on the basis of her pregnancy under the Pregnancy Discrimination Act ("PDA") against her former employer, Defendant Sonic Restaurants, Inc. ("Sonic"). Before the Court is Defendant's Rule 12(b)(6) Motion to Dismiss (Doc. 9), seeking dismissal of both claims. The motion is fully briefed and the...
MEMORANDUM AND ORDER CARLOS MURGUIA, District Judge. This is an appeal of the final Memorandum Opinion and Judgment (Doc. 5-18) of the bankruptcy court. Appellant Philip Duane Lunt ("Debtor") appeals the bankruptcy court's decision denying Debtor's motion for summary judgment and granting the motion for summary judgment of intervenors Elaine L. Stelter ("Elaine") and Steven A. Lunt ("Steven"). Debtor claims that the bankruptcy court erred in three ways: (1) in deciding that Debtor's...
MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. This is an action reviewing the final decision of the Commissioner of Social Security denying Jessica Frock supplemental security income payments for her child L.F. (hereinafter referred to as "plaintiff"). 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 as to any fact, if supported by...
MEMORANDUM AND ORDER J. THOMAS MARTEN, District Judge. On March 26, 2013, the court granted summary judgment to the plaintiffs in this case. See Dkt. 155. However, the court must decide whether to enter judgment on behalf of the plaintiff class or merely on behalf of the individual plaintiffs. The court has before it defendant OXY USA Inc.'s Motion to Decertify Class Action (Dkt. 145) and the plaintiff class's Motion to Strike OXY's Motion (Dkt. 146). Additionally, plaintiffs seek...
MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. The defendant Dion Lee-Speight filed a motion for relief pursuant to 28 U.S.C. 2255 (Dk. 59) seeking relief on three issues. This court denied relief on all issues and denied issuance of a certificate of appealability ("COA"). (Dk. 63). Concluding that reasonable jurists could debate the dismissal of Mr. Mr. Lee-Speight's claim that counsel failed to file an appeal, the Tenth Circuit granted a COA on this issue alone and denied a COA...
MEMORANDUM AND ORDER KAREN M. HUMPHREYS, Magistrate Judge. This matter is before the court on defendant Miller's motion to stay discovery (Doc. 17). Defendant Ketron joins in that motion (Doc. 21). 1 For the reasons set forth below, the motion shall be GRANTED. Background Plaintiff claims he was convicted by the district court in Clark County, Kansas in the summer of 2012. He was taken into custody in Clark County and later transferred to the jail in Meade County. While he was...
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 as to any fact, if supported by substantial evidence, shall...
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. 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 as to any fact, if supported by substantial evidence, shall be conclusive." The court should review...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. Plaintiff seeks review of a decision of the Commissioner of Social Security (hereinafter Commissioner) denying Social Security Disability(SSD) benefits under sections 216(i) and 223 of the Social Security Act. 42 U.S.C. 416(i) and 423 (hereinafter the Act). Finding error in the Administrative Law Judge's (ALJ) consideration of Dr. Koprivica's medical opinion, the court ORDERS that the decision shall be REVERSED, and that judgment...
MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. In this case Plaintiff seeks judicial review of the Defendant's denial of her claim for disability insurance benefits and supplemental security income benefits. 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 as to any fact, if supported by substantial evidence, shall be conclusive." Because the Appeals Council denied the Plaintiff's...
