MEMORANDUM & ORDER ON THIRD MOTION TO APPOINT COUNSEL KENNETH G. GALE , Magistrate Judge . Plaintiff Robert Davis, representing himself pro se, has filed his third Motion to Appoint Counsel. (Doc. 41.) The two prior motions were denied by the Honorable Senior District Judge Samuel A. Crow, without prejudice. After review of Plaintiff's motion, as well as his Complaint and other filings herein, the Court DENIES Plaintiff's request for counsel (Doc. 41). As an initial matter, the Court...
MEMORANDUM AND ORDER JULIE A. ROBINSON , Chief District Judge . On March 20, 2020, the Court conducted a telephonic hearing on Plaintiff CBG Diversified Services, Inc.'s ("Diversified") Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 5). Defendant Robin Forsythe filed an expedited response. After hearing arguments and statements of counsel, as well as reviewing the parties' briefs and relevant submissions, the Court grants in part Plaintiff's motion for a limited...
MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . On January 23, 2020, pro se plaintiff Davonne Williams filed his Complaint in this case against defendant Vince & Associates Clinical Research, LLC. Doc. 1. The Complaint invokes complete diversity of citizenship under 28 U.S.C. 1332 as its basis for this court's subject matter jurisdiction. But the Complaint fails to identify the citizenship of each member of the defendant LLC, and this deficiency prevents the court from...
MEMORANDUM AND ORDER KATHRYN H. VRATIL , District Judge . Plaintiff Patrick Gouger filed suit against multiple defendants alleging violations of the Fair Credit Reporting Act, 15 U.S.C. 1681 et. seq. ("FCRA"). This matter comes before the Court on Experian and Trans Union's Joint Motion To Stay The Case Pending Arbitration (Doc. #51) filed January 15, 2020. For reasons stated below, the Court finds that a stay is appropriate. Factual Background On June 25, 2019, plaintiff filed a...
MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . Plaintiff Henry D. McKnight, Jr. brings this lawsuit under 42 U.S.C. 1983, asserting that Topeka Police Department ("TPD") officers violated his constitutional rights by arresting him without probable cause. Plaintiff's lawsuit names three defendants: (1) the City of Topeka, Kansas, (2) TPD Officer Brandon Uhlrig, and (3) TPD Officer Zachary Goodman. All three defendants have filed a Motion to Dismiss plaintiff's Complaint under...
MEMORANDUM AND ORDER KATHRYN H. VRATIL , District Judge . This matter is before the Court on defendant's Motion For Leave To File Under Seal (Doc. #81) filed January 31, 2020. Defendant seeks to file under seal its Opposition To Plaintiffs' "Partial Motion For Summary Judgment On Their Breach Of Contract Claim " (Doc. #81-1), and supporting exhibits A-H and J-L. For reasons stated below, the Court overrules defendant's motion. Federal courts have long recognized a common-law right of...
MEMORANDUM AND ORDER TERESA J. JAMES , Magistrate Judge . Before the Court is Plaintiff's Motion for Leave to File Second Amended Complaint (ECF No. 127). Plaintiff seeks to amend her complaint to add a retaliation claim against Defendant Carley Fine ("Fine"). Fine objects to such amendment on the bases of untimeliness, prejudice, and futility (ECF No. 128). Previously dismissed defendant Katie Porter ("Porter") also objects because the proposed amended complaint does not remove the...
MEMORANDUM AND ORDER JULIE A. ROBINSON , Chief District Judge . Plaintiff Brandon Johnson brings suit against Defendants Cherokee County Board of County Commissioners and Sheriff David M. Groves. He asserts claims for racial discrimination, a hostile work environment, and retaliation under Title VII. Plaintiff also brings claims under 42 U.S.C. 1981 and 1983. Defendants seek summary judgment on all claims (Doc. 95). Plaintiff's Motion to Amend the Pretrial Order is also before the...
MEMORANDUM AND ORDER SAM A. CROW , Senior District Judge . This civil rights action under 42 U.S.C. 1983 was commenced by the pro se plaintiff Adrian Requena while he was in state custody, but he is no longer incarcerated and has notified the court of his change of address (ECF# 73). The case now comes before the court on the defendants' dispositive motions: the defendant Cranston's motion to dismiss, or in the alternative, motion for summary judgment (ECF## 75 and 76), and the...
MEMORANDUM AND ORDER ANGEL D. MITCHELL , Magistrate Judge . This matter comes before the court on pro se plaintiff Jeffrey J. Sperry's Renewed Motion for Medical Malpractice Screening Panel. (ECF No. 32.) Mr. Sperry asserts claims against defendants Corizon Health, Inc. and two of its nurses, Amber Brundage and Rebecca Talbert (collectively, "the Corizon defendants"), arising from their care and treatment of Mr. Sperry while he was in custody of the Kansas Department of Corrections ("...
MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . Defendants Erik Harpsoe and Brian K. Fowles have filed a Motion for Leave to File Exhibits Under Seal (Doc. 78). It seeks leave to file, under seal, two Exhibits to their Statement in Support of Recovery on Bond (Doc. 76). This motion targets Exhibits A (Doc. 78-1, Plaintiff's Investment Management Agreement) and E (Doc. 78-2, Expert Report prepared by Dahl Consulting Group). The court grants defendants' motion in part, but denies...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM , District Judge . This single case within this MDL brought by plaintiff Trans Coastal Supply Company, Inc. ("Trans Coastal" or "plaintiff") against defendant Syngenta 1 presently comes before the Court on plaintiff's motions to seal certain documents permanently (Doc. ## 53, 64). For the reasons set forth below, the Court denies the motions. All previously-sealed documents relating to Syngenta's motion for summary judgment or its motions to...
MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . Pursuant to the Suggestion of Death (Dkt. 9) and upon agreement of the parties, the court accepts and adopts the recommendation of the Magistrate Judge (Dkt. 15), and accordingly defendant Cory Hicks is dismissed from this case and he shall be removed from all future pleadings. IT IS SO ORDERED.
Order for Continuance ERIC F. MELGREN , District Judge . Now on this 18th day of March, 2020, the above matter comes before the Court on Defendant Shawn R. Seburn's Motion for Continuance (Doc. 29) of the pretrial motions deadline, status conference, and jury trial for 60 days. The government does not object to the defendant's request. Having reviewed the motion, and being familiar with the case history, this Court finds the following reasons: a. Mr. Seburn was arraigned on October 21,...
MEMORANDUM AND ORDER ANGEL D. MITCHELL , Magistrate Judge . This matter comes before the court on plaintiff Larry A. Lawson's ("Lawson") Motion for Additional Depositions. (ECF No. 249.) Lawson seeks leave to take more than ten depositions pursuant to Federal Rule of Civil Procedure 30(a)(2). Defendant Spirit AeroSystems, Inc. ("Spirit") opposes the motion, arguing Lawson has not shown that additional depositions are warranted. The court agrees with Spirit. As discussed below, the record...
MEMORANDUM AND ORDER ANGEL D. MITCHELL , Magistrate Judge . This matter comes before the court on plaintiff United States of America's motion for pretrial detention. (ECF No. 11.) The court took the Government's motion under advisement and allowed the parties an opportunity to submit additional briefing relating to the impact of a U.S. Immigration and Customs Enforcement Agency ("ICE") detainer on the detention analysis. (ECF No. 12.) For the reasons discussed below, the motion is granted...
MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . This is a criminal case with a lengthy and unusual history. Relevant to the current motion, the Tenth Circuit remanded the case to this court after the Supreme Court's holding in Carpenter v. United States, 138 S.Ct. 2206 (2018). The Circuit directed this court "to determine whether its alternative holding survives Carpenter and for further proceedings consistent with the Supreme Court's decision." Doc. 1289 at 4. During the...
MEMORANDUM AND ORDER TERESA J. JAMES , Magistrate Judge . This matter is before the Court on two motions. The first is Defendants Smitty's Supply, Inc., Orscheln Farm and Home, LLC, Tractor Supply Company and Cam2 International, LLC's Motion to Stay Proceedings Pending Rulings by the Judicial Panel on Multidistrict Litigation (ECF No. 109). The second is Defendant Tractor Supply Company's Motion for Protective Order Relating to Deposition of Greg Sandfort (ECF No. 114). Plaintiffs oppose...
ORDER JULIE A. ROBINSON , Chief District Judge . Before the Court is the Government's Motion for a Protective Order for Discovery (Fed. R. Crim. P. 16) (Doc. 56). The motion is fully briefed, and the proposed protective order was submitted to the Court for in camera review. For the reasons described below, the Court grants in part and denies in part the Government's motion. The Government bears the burden of showing good cause exists to issue a protective order. 1 The good cause showing...
MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . This matter comes before the court on the government's Motion to Determine Competency of Defendant Michael Shiferaw (Doc. 59 (sealed)). Specifically, the government, citing Indiana v. Edwards, 554 U.S. 164 (2008), moved for this evaluation "to determine the defendant's mental competency to conduct his own defense at trial." Id. at 1. Mr. Shiferaw opposes the motion. His co-defendant takes no position. 1 For reasons...
