MEMORANDUM AND ORDER DENYING APPLICATION FOR SEARCH WARRANT DAVID J. WAXSE, Magistrate Judge. The Court has been asked to issue a search warrant pursuant to Rule 41 of the Federal Rules of Criminal Procedure for the contents of cell phones that are currently in the custody of the United States Drug Enforcement Agency ("DEA"). Based on this Court's previous rulings and other case law, this request has been denied without prejudice. This memorandum will more explicitly explain the reasons for...
REPORT AND RECOMMENDATION K. GARY SEBELIUS, Magistrate Judge. This matter comes before the court upon Defendant DG Retail, LLC's Motion for Sanctions and Memorandum in Support (ECF No. 40). For reasons explained below, the undersigned magistrate judge recommends that this action be dismissed with prejudice. I. Background Ms. Trevizo filed this case on January 21, 2014 alleging gender discrimination and retaliatory discharge in violation of Title VII of the Civil Rights Act. 1 Plaintiff...
MEMORANDUM AND ORDER TERESA J. JAMES, Magistrate Judge. This matter is before the Court on Defendants Scott Process Systems, Inc.'s and Pacific Indemnity Company's unopposed Motion for Leave to File Crossclaims Against Defendant Walters Metal Fabrication, Inc. (ECF No. 53), as well as Plaintiff Bowen Engineering Corporation's unopposed Motion for Leave to File First Amended Complaint (ECF No. 59). In their motion, Defendants Scott Process Systems, Inc. ("Scott Process") and Pacific Indemnity...
MEMORANDUM AND ORDER DANIEL D. CRABTREE, District Judge. This matter comes before the Court on two motions filed in separate iterations of the same case. This prosecution involves two cases because government moved to dismiss the indictment in Case No. 13-40066 (the "First Indictment"), and the Court dismissed it without prejudice (Docs. 41, 43). The government then refiled an identical indictment to initiate Case No. 14-40139 (the "Second Indictment") (Doc. 1). Defendant Lamont Ward, Jr....
MEMORANDUM AND ORDER J. THOMAS MARTEN, District Judge. These cases are presently before the court on plaintiffs' motions to transfer and consolidate. Both cases arise out of the alleged underpayment of royalties to gas well owners. Plaintiffs seek to consolidate these cases and transfer them to Judge J. Thomas Marten for purposes of discovery management and pretrial motions. As discussed below, the motion is granted. I. Background Plaintiffs lease gas wells to defendants in exchange for...
MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. The case comes before the court on the plaintiff's second motion for default judgment against all defendants. (Dk. 11). The plaintiff previously asked the court to enter default judgment on its original complaint that pled a Fair Labor Standards Act ("FLSA") claim for unpaid wages (29 U.S.C. 206(a)), and liquidated damages, attorneys' fees and costs (29 U.S.C. 216(b)), and a claim for fraudulent filing of a W-2 seeking the fixed...
MEMORANDUM AND ORDER J. THOMAS MARTEN, Chief District Judge. Plaintiff Holstein Supply, Inc. seeks to enforce an employment contract against defendant Richard Murphy. This matter is currently before the court on plaintiff's Motion to Remand the action to state court. For the reasons stated below, plaintiff's motion is granted. I. Factual and Procedural Background On March 18, 2014, defendant entered into a work agreement with plaintiff whereby defendant agreed that, for an advance of $12,...
MEMORANDUM AND ORDER J. THOMAS MARTEN, District Judge. In 2009, Roy and Sheila Bowers agreed to refinance their home mortgage with Wells Fargo. The closing agent mistakenly notified Wells Fargo that the refinancing closing had occurred, and Wells Fargo released its prior lien. When Wells Fargo discovered the truth, it moved to add a caveat to the Bowers's title to reflect the original debt. The Bowers, who in the interim had been making the scheduled payments under the refinanced mortgage,...
MEMORANDUM AND ORDER CARLOS MURGUIA, District Judge. Plaintiff April D. Farley claims that she became unable to work because of the following health issues: (1) depression; (2) anxiety; (3) panic attacks, and (4) posttraumatic stress disorder ("PTSD"). When she filed her application for social security benefits in March 2010, plaintiff was twenty-five years old and had obtained a general educational development degree, or "GED," but she had little work history. Since 2008, plaintiff has been...
MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. This is an action reviewing the final decision of the defendant Commissioner of Social Security ("Commissioner") that denied the claimant Cheri L. Olsen's ("Webb") Title II application for disability insurance benefits under the Social Security Act ("Act"). Olsen alleged a disability onset set date of November 30, 2007, based on a combination of impairments. Olsen remained insured through June 30, 2011, so her disability must be...
MEMORANDUM AND ORDER J. THOMAS MARTEN, District Judge. Before the court is plaintiff Prairie Horizon Agri-Energy, LLC's Motion to Remand (Dkt. 8). This case arises out of the delivery of allegedly contaminated natural gas to plaintiff's ethanol production facility. Plaintiff filed this action in Kansas state court alleging negligence and breach of contract against defendant Tallgrass Interstate Gas Transmission, LLC. Defendant removed to this court pursuant to 28 U.S.C. 1441(a) and 1331....
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 no error in the Commissioner's decision, the court ORDERS that judgment shall be entered pursuant to the fourth sentence of 42 U.S.C. 405(g) AFFIRMING it. I. Background...
MEMORANDUM AND ORDER THOMAS MARTEN, District Judge. This case arises from defendants' alleged storage of hazardous waste without a permit in violation of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. 6901 et. seq. Before the court are Motions in Limine by the government seeking to allow overview testimony by two government witnesses (Dkt. 35) and seeking sanctions for defendants' failure to provide reciprocal discovery (Dkt. 36). I. Background Defendants Sean M. Riley,...
MEMORANDUM AND ORDER J. THOMAS MARTEN, Chief District Judge. This matter is before the court on defendant Raymond L. Rogers' Application for Certificate of Appealability (Dkt. 163). In a detailed Memorandum and Order (Dkt. 162) dated December 9, 2014, this court denied defendant's Petition for a Writ of Habeas Corpus (Dkt. 146) pursuant to 28 U.S.C. 2255 seeking relief from his conviction for aggravated robbery and being a felon in possession of a firearm. Defendant now seeks authorization...
MEMORANDUM AND ORDER SAM A. CROW, District Judge. This case is before the court upon petitioner's application for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254. For the reasons explained in this order, the requested relief shall be denied. I. PRIOR PROCEEDINGS In 1993, a Kansas state court jury found that petitioner killed his wife Barbara Haddock and convicted him of first degree murder. His conviction was affirmed by the Kansas Supreme Court. State v. Haddock , 897 P.2d 152...
MEMORANDUM AND ORDER CARLOS MURGUIA, District Judge. Plaintiff Digital Ally, Inc. is a Nevada corporation with its principal place of business in Johnson County, Kansas. Defendants are Utility Associates, Inc., a Delaware corporation with its principal place of business in Tucker, Georgia ("Utility"), and Eric McKee, who is proceeding pro se and is a resident of the state of Indiana. Plaintiff brought this suit alleging the fol lowi ng counts: (1) tortious interference with contract and...
MEMORANDUM & ORDER JOHN W. LUNGSTRUM, District Judge. Plaintiff has filed suit against defendant alleging claims for retaliation under Title VII of the Civil Rights Act of 1964; race discrimination under 42 U.S.C. 1981; and violations of the Equal Protection Clause of the Fourteenth Amendment pursuant to 42 U.S.C. 1983. This matter is presently before the court on defendant's motion to dismiss plaintiff's punitive damages claim (doc. 45) on the grounds that punitive damages are not...
MEMORANDUM & ORDER JOHN W. LUNGSTRUM, District Judge. This matter is before the court on Ms. Temple's pro se motion for reduction of sentence pursuant to 18 U.S.C. 3582(c)(2) in which Ms. Temple asks the court to reduce her sentence based on Amendment 782 to the United States Sentencing Guidelines which took effect on November 1, 2014 and lowers the base offense levels in the Drug Quantity Table. On July 18, 2014, the United States Sentencing Commission voted to apply the amendment...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM , District Judge . Plaintiffs filed this case seeking refunds of federal income taxes. This matter presently comes before the Court on cross-motions for summary judgment filed by plaintiffs (Doc. # 23) and defendant United States (Doc. # 21). As more fully set forth below, the Court concludes as a matter of law that plaintiff Brian Gaudreau did not have an "economic interest" in certain oil and gas deposits, and that plaintiffs therefore are not...
AMENDED MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. Plaintiff twice appealed final decisions of the Commissioner that denied plaintiff disability insurance benefits. On both occasions, the decision of the Commissioner was reversed and remanded for further hearing (Doc. 21). Plaintiff's case has been pending for over 9 years, since July 12, 2005 (Doc. 21 at 7). After the 1 st remand, the Court awarded plaintiff $4,800.00 in attorney fees under the Equal Access to Justice Act (...
