MEMORANDUM AND ORDER KATHRYN H. VRATIL , District Judge . Orion Property Group, LLC asserts putative class claims against Mark Hjelle for violation of the Racketeer Influence and Corrupt Organizations Act ("RICO"), 18 U.S.C. 1961 et seq. 1 Specifically, plaintiff alleges that defendant used a corporate entity, CSC Service Works, Inc., as a vessel to engage in a scheme to defraud customers of CSC. See First Amended Class Action Complaint (Doc.#4) filed February 28, 2018 at 15-17....
MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . This matter is before the court on defendant Allen Dodson's Motion to Dismiss Indictment (Doc. 20). Mr. Dodson asserts that the statute under which he was convicted, the Sex Offender Registration and Notification Act ("SORNA"), is unconstitutional. The government has filed a Response (Doc. 23). For reasons explained below, the court denies Mr. Dodson's Motion. I. Background A grand jury indicted Mr. Dodson on July 25, 2018,...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM , District Judge . In this multi-district litigation (MDL), by Memorandum and Order of December 7, 2018, after a hearing conducted on November 15, 2018, the Court granted final approval of a settlement agreement resolving claims against Syngenta 1 and certified a settlement class. See In re Syngenta AG MIR 162 Corn Litig., 2018 WL 6436074 (D. Kan. Dec. 7, 2018) (Lungstrum, J.). At that time, the Court also awarded total attorney fees in the amount...
MEMORANDUM AND ORDER SAM A. CROW , Senior District Judge . This is contractual dispute over the construction of a natural gas processing plant owned by the defendant/counterclaim plaintiff Tenawa Haven, LLC ("Tenawa") for which the plaintiff/counterclaim defendant Panel Specialists, Inc. ("PSI") contracted and performed instrumentation and electrical services. The pending dispositive motions include: PSI's Motion for Partial Summary Judgment on the Issue of Breach of Contract for Delay (...
MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . The plaintiff Ricky Wheeler has moved for leave to amend the disclosure of his expert, Dr. Kurt Krueger, as to the damages for loss of services, care, and guidance due to the death of Gretchen Konrad. In Wentling v. Medical Anesthesia Serv., 237 Kan. 503 , 701 P.2d 939 (1985), the Kansas Supreme Court recognized an economic claim for the loss of such services and care. Wheeler argues that a recent decision by the same court,...
MEMORANDUM AND ORDER KATHRYN H. VRATIL , District Judge . On December 12, 2012, a jury found defendant guilty of eight counts of forcible assault. On June 18, 2013, the Court sentenced defendant to 144 months in prison. This matter is before the Court on defendant's [ Motion For] Writ Of Mandamus Pursuant To 28 U.S.C. 1361 (Doc. #312) filed June 15, 2018 and defendant's Motion For Relief Under Federal Rules Of Civil Procedure 60(b) (Doc. #313) filed June 15, 2018, which the Court...
MEMORANDUM AND ORDER CARLOS MURGUIA , District Judge . This case involves movie theaters, the films they show, and when the theaters are able to get access to those films. Plaintiff Cinetopia, LLC operates a movie theater in Overland Park, Kansas, in the Prairiefire development. Roughly three miles away, defendants AMC Entertainment Holding, Inc. and American Multi-Cinema, Inc. (collectively, "AMC") operate an AMC theater called the AMC Town Center 20. According to Cinetopia, AMC is the...
MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . For purposes of clarification, and consitent with general policies of the courts regarding access to private information, the court provides that, for states which use an individual's social security number as that individual's driver's license number, the government may properly redact both numbers in the manner specified in the court's prior order. The court denies the government's motion to the extent it requests redaction of the...
AGREED PROTECTIVE ORDER JAMES P. O'HARA , Magistrate Judge . The parties agree that during the course of discovery in this employment discrimination case 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....
MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . Plaintiff Rezac Livestock Commission Company, Inc., has alleged that it sold defendant Dinsdale Bros., Inc., ("Dinsdale") nearly $1 million worth of cattle in September 2015, but that Dinsdale never has paid for them. Plaintiff also contends that defendant Pinnacle Bank ("Pinnacle") acted as Dinsdale's accomplice and wrongfully seized funds belonging to plaintiff. Attempting to recover its funds, plaintiff asserts three claims...
MEMORANDUM AND ORDER TERESA J. JAMES , Magistrate Judge . This matter is before the Court on Non-Party Justin Works' Motion to Quash Subpoena (ECF No. 1). Mr. Works seeks an order quashing a Rule 45 subpoena served on him by Mylan Inc. and Mylan Specialty L.P. ("Mylan"). Mylan opposes the motion. As set forth below, the Court will deny the motion. I. Relevant Background On October 23, 2018, Mylan served a Rule 45 deposition subpoena on Justin Works ("movant") in Seattle, Washington,...
MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . This matter comes before the court on plaintiff's Objection to Magistrate Judge James P. O'Hara's Report and Recommendation (Doc. 108 objecting to Doc. 106) and plaintiff's Motion for Leave to File Second Amended and Supplemented Complaint (Doc. 97). Plaintiff objects to Judge O'Hara's recommendation to deny, in part, his Motion for Leave to Amend his Complaint. And, plaintiff also asks the court to allow the amendment or instruct...
MEMORANDUM & ORDER JULIE A. ROBINSON , Chief District Judge . Plaintiff Harold William Fears, proceeding pro se and in forma pauperis, filed this case against Defendants Medicredit, Inc. and Elizabeth Darden on August 31, 2018. He alleges violations of the Fair Debt Collection Practices Act ("FDCPA"). 1 This case is before the Court on Defendant Elizabeth Darden's Motion to Dismiss for Lack of Jurisdiction (Doc. 6) under Fed. R. Civ. P. 12(b)(2). For the reasons explained in detail...
MEMORANDUM AND ORDER TERESA J. JAMES , District Judge . Before the Court are Defendant Faith Home Healthcare, Inc.'s Counterclaims Against Plaintiff and Crossclaims Against Co-Conspirator Patty Claybourne and Magan Brown (ECF No. 22), and Defendant Faith Home Healthcare, Inc.'s Motion to Add Counterclaims and Join Crossclaim Defendant Patricia Clayborn (ECF No. 26). Plaintiff opposes both motions. For the reasons discussed below, the motions are granted in part and denied in part. I....
MEMORANDUM AND ORDER JULIE A. ROBINSON , Chief District Judge . This is a wage-and-hour action brought under the Fair Labor Standards Act, 29 U.S.C. 201, et seq. ("FLSA"), on behalf of certain of Defendants' current and former sales employees, alleging that Defendants have failed to properly pay overtime compensation. This matter is before the Court on Defendants' Motion to Dismiss Opt-in Plaintiffs Who Failed to Respond to Discovery (Doc. 53). Plaintiffs do not oppose Defendants'...
MEMORANDUM AND ORDER JOHN W. BROOMES , District Judge . This matter is before the court on the government's motion to dismiss the indictment without prejudice. (Doc. 12.) Defendant agrees the indictment should be dismissed, but argues the dismissal should be with prejudice. (Doc. 13.) For the reasons stated herein, the government's motion to dismiss without prejudice (Doc. 12) is GRANTED. I. Background Defendant was charged, first by complaint and then by indictment, with unlawful...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM , District Judge . This matter is a petition for habeas corpus filed under 28 U.S.C. 2241 by a prisoner in federal custody. The petition was filed in the U.S. District Court for the District of Columbia and was transferred to this Court on October 23, 2018. On November 8, 2018, petitioner submitted a completed form petition as directed, and on November 15, 2018, the Court directed respondent to show cause why the petition should not be granted. On...
MEMORANDUM AND ORDER CARLOS MURGUIA , District Judge . Theodore Vincent Horn II, a prisoner housed by the Kansas Department of Corrections, filed a pro se petition for writ of habeas corpus (Doc. 1). Petitioner was convicted in state court of first degree murder and sought a writ pursuant to 28 U.S.C. 2254. This court denied the 2254 petition and entered judgment against petitioner on December 7, 2018. On December 17, petitioner filed a motion for extension of time to file a motion to...
ORDER NUNC PRO TUNC JAMES P. O'HARA , Magistrate Judge . On October 9, 2018, the undersigned issued an Amended Scheduling Order (ECF No. 114). The first sentence of the first full paragraph on the second page of that order read as follows: "The previously extended October 12, 2018 deadline for plaintiff to serve complete, signed responses to defendants' outstanding discovery requests, as more specifically stated in the court's September 18, 2018 order (ECF No. 100), is further extended to...
ORDER JAMES P. O'HARA , Magistrate Judge . In this individual case within this MDL, Syngenta 1 has filed a motion to join as plaintiffs five corporate entities affiliated with the current plaintiff, Louis Dreyfus Company Grains Merchandising LLC ("LDC Grains Merch") (ECF No. 128). Syngenta asserts the affiliated entities are necessary parties under Fed. R. Civ. P. 19(a) because they are seeking to recover the same damages, based on the same alleged facts, in a Minnesota state court...
