MEMORANDUM AND ORDER KATHRYN H. VRATIL , District Judge . On June 19, 2014, the Honorable J. Thomas Marten sentenced defendant to 180 months in prison. This matter is before the Court on defendant's [Sealed] Motion For Reduction Of Sentence Pursuant To 18 U.S.C. Section 3582(c)(2) (Amendment 782) (Doc. #56) filed December 28, 2015. For reasons stated below, the Court overrules defendant's motion. Under Amendment 782 and 18 U.S.C. 3582(c)(2), defendant asks the Court to reduce his...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM , District Judge . Plaintiff seeks review of a decision of the Acting Commissioner of Social Security (hereinafter Commissioner) denying Disability Insurance benefits (DIB) 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, the court ORDERS that judgment shall be entered pursuant to the fourth sentence of 42 U.S.C. 405(g) AFFIRMING the decision of the Commissioner. I....
MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . This matter comes before the Court on defendant John McCarty's Motion to Suppress Evidence (Doc. 203). McCarty asks the Court to suppress all evidence, including a .40 caliber handgun, found during a search of the vehicle he was driving when arrested because, he contends, the arresting officer's decision to impound the vehicle violated his Fourth Amendment rights. The government has filed a response to McCarty's motion (Doc. 208)...
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...
MEMORANDUM & ORDER K. GARY SEBELIUS , Magistrate Judge . This matter comes before the court upon Plaintiff Bradley Gust's Motion to Compel (ECF No. 39). Defendant Wireless Vision filed a response opposing the motion. For the following reasons, the court grants plaintiff's motion. I. Background On March 6, 2015, Plaintiff Bradley Gust filed this action seeking money damages for alleged violations of the Fair Labor Standards Act ("FLSA") and for violations of the Kansas common law...
ORDER DENYING RULE 60(b)(4) MOTION J. THOMAS MARTEN , District Judge . Before the court is defendant's motion for relief from a judgment or order pursuant to Fed. R. Civ. P. 60(b)(4). (Dkt. 175). Defendant requests this court vacate its order denying his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. (Dkts. 162 and 142, respectively). For the following reasons, the court denies the motion. When an applicant files a Rule 60(b) motion in a habeas...
ORDER DENYING PETITIONER'S RULE 59 MOTION J. THOMAS MARTEN , District Judge . This matter comes before the Court on Petitioner's Motion to Alter and Amend Judgment Pursuant to Federal Rule of Civil Procedure 59 (Dkt. 92). Petitioner seeks reconsideration of the Court's denial of habeas corpus relief based on his assignment of error 21 that the military courts lacked jurisdiction to capitally prosecute him for crimes committed in the United States during peacetime because the Uniform Code...
MEMORANDUM AND ORDER ERIC F. MELGREN , District Judge . Defendant Engineered Systems Company ("ESC") performs construction work in Kansas and Missouri. Plaintiff RLI Insurance Company ("RLI") acted as ESC's surety on three separate construction projects. RLI brings this suit against ESC and several of its officers, members, and managers. RLI seeks indemnification for losses it incurred as ESC's surety, and damages for fraud allegedly committed by several ESC representatives. Each Defendant...
MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . Plaintiff Lark Stutts was a police officer with defendant City of McPherson from March 2008 until May 2013, when the City terminated her employment. She claims the City discriminated against her on account of gender and that it unlawfully retaliated against her when she complained of gender discrimination. The matter is now before the court on the City's motion for summary judgment. For the reasons set forth herein, the court finds...
MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . This is an appeal from an order of the bankruptcy court. The sole issue concerns a personal property exemption claimed by the debtors, Christopher and Jessica Reed, based on their 2014 Kansas earned income tax credit (EIC). Bankruptcy Judge Dale L. Somers ruled that the debtors could validly claim the exemption. The Trustee argued below, and continues to argue, that Kansas law does not allow the exemption because the debtors' EIC was...
MEMORANDUM AND ORDER JULIE A. ROBINSON , District Judge . Defendant Julio Cesar Ortiz pled guilty to one count of conspiracy to distribute 500 grams or more of methamphetamine. 1 Defendant was sentenced on September 10, 2014, to thirty-six-months' imprisonment. 2 Defendant did not file a direct appeal. On December 11, 2015, Defendant filed a motion requesting the Court to reconsider his sentence and grant early release in light of his successful completion of a drug program and because...
MEMORANDUM AND ORDER JULIE A. ROBINSON , District Judge . Before the Court is Defendant Liberty Mutual Insurance Company's ("Liberty") Motion to Transfer (Doc. 11) this case to the United States District Court for the Western District of Pennsylvania. The Court has considered the briefs, as well as the evidence submitted with the briefs, and is prepared to rule. As described more fully below, the Court denies Defendant's motion. I. Background Plaintiff Berkel & Company Contractors, Inc....
ORDER KATHRYN H. VRATIL , District Judge . On November 9, 2015, Magistrate Judge Gerald L. Rushfelt filed a Report and Recommendation (Doc. #105) regarding defendants' Motion for Sanctions (Doc. #91) filed June 15, 2015. Judge Rushfelt recommended that defendants' motion be granted, plaintiff's case be dismissed with prejudice and plaintiff pay attorneys' fees of $1,000.00. Proceeding pro se, plaintiff filed a written objection to that report on November 23, 2015. See Doc. #107....
MEMORANDUM AND ORDER JULIE A. ROBINSON , District Judge . On January 8, 2013, the Court dismissed Petitioner Faith Hope Hamilton's Motion to Vacate Pursuant to 28 U.S.C. 2255 as untimely (Doc. 1051); the Court also denied Petitioner's Motion for Reconsideration (Doc. 1056), finding that even if Petitioner was entitled to equitable tolling, her motion is without merit because the government would be entitled to enforce the plea agreement under United States v. Hahn. 1 This matter is...
MEMORANDUM AND ORDER SAM A. CROW , Senior District Judge . The case comes before the court on the defendants' motion pursuant to Fed. R. Civ. P. 12(b)(1) and (b)(6) to dismiss count three of the plaintiff's second amended complaint. (Dk. 95). The plaintiff David S. Moore's 131-page second amended complaint asserts a number of legal theories arising from his suspension, alleged hostile work environment, and eventual termination from the position of Assistant Scientist and Director of the...
STIPULATED PROTECTIVE ORDER JAMES P. O'HARA , Magistrate Judge . The parties agree that during the course of discovery it may be necessary to disclose certain confidential information relating to the subject matter of this action. They agree that certain categories of such information should be treated as confidential, protected from disclosure outside this litigation, and used only for purposes of prosecuting or defending this action and any appeals. The parties jointly request entry of...
MEMORANDUM AND ORDER KATHRYN H. VRATIL , District Judge . On May 8, 2014, the Court sentenced defendant to 120 months in prison. This matter is before the Court on the Motion From Vernon Brown Pro Se To Clarify Sentence And Time Credited (Doc. #1880) filed November 30, 2015. Defendant asks the Court to clarify his "out date" in light of the time that he spent in county jail before his conviction in federal court. Under 18 U.S.C. 3585(b), defendant receives "credit toward the service...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM , District Judge . Plaintiff seeks review of a decision of the Acting Commissioner of Social Security (hereinafter Commissioner) denying Disability Insurance benefits (DIB) and Supplemental Security Income (SSI) benefits under sections 216(i), 223, 1602, and 1614(a)(3)(A) of the Social Security Act. 42 U.S.C. 416(i), 423, 1381a, and 1382c(a)(3)(A) (hereinafter the Act). Finding the Commissioner's determination that Plaintiff does not have a severe...
MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . The defendant Humphrey Ezekiel Etenyi is a citizen of Kenya, charged with use of wrongfully obtained documents (in violation of 18 U.S.C. 1546(a)); unlawful production of an identification document (18 U.S.C. 1028(a)); aggravated identity theft (18 U.S.C. 1028A(a)(1)); refusal to depart the United States pursuant to a lawful removal order (18 U.S.C. 1253(a)(1)(C)); and false statement to the government (18 U.S.C. 1001(a)(2))...
MEMORANDUM AND ORDER KATHRYN H. VRATIL , District Judge . On December 12, 2013, the Court entered an order granting summary judgment in favor of defendants on plaintiff's claims under the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. See Memorandum And Order (Doc. #372) at 11-12. The Court declined to exercise supplemental jurisdiction over remaining claims between the parties and remanded the case to the District Court of Sedgwick County, Kansas. Id. at 12; Judgment (...
