MEMORANDUM OPINION & ORDER AMUL R. THAPAR, District Judge. A good expert witness can make all the difference at trial. Drawing on knowledge and experience far beyond that of the average juror, attorney, or judge, expert witnesses serve as guides through thickets of otherwise impenetrable data and bring scientific and technical rigor to judicial proceedings. But not just any person qualifies as an expert witness, and even the most knowledgeable and experienced of witnesses may make mistakes....
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is before the Court upon Plaintiffs' Motion to Remand. [D.E. 10]. 1 This matter being fully briefed, and the Court being otherwise sufficiently advised, it is now ripe for review. I. Procedural Background Plaintiff Tammy Berera filed this suit in Fayette Circuit Court on June 25, 2013, asserting her claims "on behalf of all current and former employees of MESA and any predecessor company of MESA." [D.E. 1-1...
AMENDED MEMORANDUM OPINION AND ORDER 1 DAVID L. BUNNING, District Judge. I. INTRODUCTION This matter is before the Court on Defendant's Motion to Suppress (Doc. # 20) physical evidence seized from his laptop computer and statements he made to the police. After the matter was fully briefed (Docs. #23 and 24), the Court held an evidentiary hearing on the Motion. The parties were instructed to present evidence relating to the initial seizure of the laptop computer from Evergreen Cemetery; to...
MEMORANDUM OPINION AND ORDER GREGORY F. VAN TATENHOVE, District Judge. While walking down an aisle in a gas station, Plaintiff Cathy Colyer tripped on a cardboard box that was sitting on the floor. Although she did not fall down, Colyer injured her shoulder when she caught herself on a nearby ATM machine and later brought suit for damages. This matter is before the Court upon the Motion for Summary Judgment filed by Defendants Speedway, LLC and Speedway Superamerica, LLC (collectively "...
MEMORANDUM OPINION & ORDER WILLIAM O. BERTELSMAN, District Judge. This matter is before the Court on plaintiff's motion for reinstatement and interim front pay (Doc. #292), defendant's motion for judgment as a matter of law (Doc. #316), defendant's motion for new trial and remittitur (Doc. #317), defendant's motion for relief from judgment pursuant to Fed.R.Civ.P. 60(b)(3) (Doc. #348), and plaintiff's motion to strike defendant's reply brief (Doc. #370). The Court heard telephonic oral...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is before the Court upon Plaintiffs' Motion to Remand. [D.E. 13]. Defendant has filed a Response [D.E. 20] and Plaintiffs filed a Reply. [D.E. 22]. This matter being fully briefed, and the Court being otherwise sufficiently advised, Plaintiffs' Motion is ripe for review. I. Procedural Background Plaintiffs originally filed this suit in the Boyle County Circuit Court, seeking monetary damages. [D.E. 1-1]....
MEMORANDUM OPINION AND ORDER KAREN K. CALDWELL, District Judge. This matter is before the Court upon two motions: the motion to dismiss filed by Defendant National Collegiate Athletic Association ("NCAA") (DE 9) and the motion to amend filed by Plaintiff Bleid Sports, LLC ("Bleid") (DE 14). Having considered the motions and relevant law, the Court will deny Bleid's motion to amend and will grant NCAA's motion to dismiss. I. Background Bleid filed the initial complaint in this matter on...
OPINION AND ORDER KARL S. FORESTER, Senior District Judge. This matter is currently before the Court upon the motion of Defendants/Third-Party Plaintiffs, Michael Schumann and Schumann & Schneid, PLLC (collectively "Schumann"), to remand state-law claims in this case to the Madison County, Kentucky Circuit Court [DE #5]. This motion is fully briefed and is ripe for review. I. BACKGROUND This case began as a legal malpractice case filed by Plaintiff, Sandra Raymer, against Schumann. 1...
OPINION AND ORDER KARL S. FORESTER, Senior District Judge. This matter is before the Court on the Cabinet's motion for summary judgment. For the reasons discussed below, the motion will be granted in part and denied in part. I. BACKGROUND The initial background facts of this case are set forth in the Court's June 20, 2012 Opinion, 2012 WL 2359439, granting a preliminary injunction [DE 67] and will not be repeated here. Subsequently, Coventry's agreement to include ARH in its network...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is before the Court upon motions in limine filed by both parties. Defendant has filed a motion to exclude evidence of Plaintiff's attempts to mitigate damages between September 4, 2008 and August 19, 2009. [D.E. 40]. Plaintiff has filed a motion to exclude from trial all documents, including e-mails, that have not been previously disclosed during discovery, a motion to exclude the document labeled DEF 29223, and...
MEMORANDUM OPINION AND ORDER WILLIAM O. BERTELSMAN, District Judge. This matter came before the Court on Defendants' motion for judgment on the pleadings (Doc. 5) on Thursday, September 5, 2013. After oral argument, the Court took the motion under further advisement. See Doc. 10. Having made a thorough review of the record, and given careful consideration to the memoranda and oral arguments of the parties, the Court now issues the following Memorandum Opinion and Order. FACTUAL AND...
OPINION & ORDER KARL S. FORESTER, Senior District Judge. The plaintiff, Joanna H. Hood, brought this action pursuant to 42 U.S.C. 405(g) to obtain judicial review of an administrative decision of the Commissioner of Social Security denying her claim for period of disability, and disability insurance benefits ("DIB") based on disability. The Court, having reviewed the record, will affirm the Commissioner's decision, as it is supported by substantial evidence. I. FACTUAL AND PROCEDURAL...
MEMORANDUM OPINION AND ORDER AMUL R. THAPAR, District Judge. When tragedy strikes, people naturally cast about for a cause. They might attribute what happened to fate or karma; find someone else to blame; or ultimately realize that responsibility lies only with themselves. When a lawn mower accident permanently disfigured Robert Burgett's foot, he and his wife turned to this Court for answers. Based on various products liability theories, the Burgetts believe that four defendants — Troy-Bilt...
MEMORANDUM OPINION AND ORDER WILLIAM O. BERTELSMAN, District Judge. This matter came before the Court on Defendants' motion for summary judgment (Doc. 18) on Friday, August 16, 2013. Thereafter, the Court granted Plaintiff's oral request to file a supplemental brief on an issue discussed at oral argument and allowed Defendants to file a response. See Doc. 28. Having received the supplemental briefing, made a thorough review of the record, and given careful consideration to the...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES, District Judge. This matter is pending for consideration of Defendant Victor Scharstein's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. [Record No. 72] For the reasons explained below, the motion will be denied. The defendant was indicted on March 10, 2011, and charged with violating 18 U.S.C. 922(g)(1). More specifically, the indictment alleged that Scharstein possessed a 5.56 millimeter semiautomatic rifle...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION EDWARD B. ATKINS, Magistrate Judge. On February 17, 2011, federal agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives executed a search warrant at Victor Scharstein's residence in Covington Kentucky. [R. 29]. From his residence they recovered a semi-automatic rifle, a fully assembled Molotov cocktail, and assorted ammunition. [R. 29]. On the same date, agents executed search warrants at his place of business and several storage...
MEMORANDUM OPINION AND ORDER HENRY R. WILHOIT, Jr., District Judge. This matter is before the Court upon the Defendant Norfolk Southern Railway Company's Motion to Dismiss Pursuant to FRCP 12(b)(1) & (6) [Docket No. 5]. For the reasons stated herein, the Court finds that it lacks subject matter jurisdiction over this matter and, therefore, it will be dismissed. I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Roy Stiltner was employed by Defendant Norfolk Southern Railway Company (...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, District Judge. This matter is before the Court on a Joint Motion to File a Third-Party Complaint, pursuant to Fed. R. Civ. P. 14(a) [D.E. 47], filed by Defendants City of Harrodsburg and Ernie Kelty, in his individual capacity (hereinafter "Defendants"). The Defendants seek leave of court to file a third-party complaint against Rodney and Deanna Compton (hereinafter "the Comptons"), asserting claims of indemnity and apportionment. The time having...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is before the Court on Petitioner's Motion to Alter or Amend this Court's Judgment. [D.E. 22, 23]. The matter being fully briefed, it is now ripe for review. I. Procedural Background Petitioner filed a Petition requesting a Writ of Habeas Corpus under 28 U.S.C. 2241. [D.E. 1]. This Court denied Petitioner's request for a writ of habeas corpus [D.E. 19] and dismissed Petitioner's action with prejudice. [D.E. 20]...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is before the Court upon a Motion for Summary Judgment [D.E. 58] filed by Defendants Amalgamated Transit Union (hereinafter "ATU"), Local 639, and Marcellus Barnes, individually and in his official capacity, and a Motion for Summary Judgment [D.E. 59] filed by Defendants Transit Authority of Lexington-Fayette Urban County Government (hereinafter "LexTran"), all Unknown-Unnamed Management Contract Companies and...
