MEMORANDUM OPINION AND ORDER HENRY R. WILHOLT, JR. , District Judge . This matter is before the Court upon Defendants Zimmer Holdings, Inc. and Zimmer, Inc.'s Motion for Award of Attorney's Fees and Expert Expenses [Docket No. 30]. Defendants seek $47,147.50 in fees and expenses incurred in their defense of this case, from January 7, 2014 until July 31, 2014. For the reasons set forth below, the Court finds that motion is without merit and will be OVERRULED. I. This is a products...
REPORT AND RECOMMENDATION J. GREGORY WEHRMAN, Magistrate Judge. Pending is defendant Eric Jackson's pro se motion pursuant to 28 U.S.C. 2255. Doc. 122. After examining the record and applicable law, the Court recommends that the motion be denied. I. Factual and Procedural History In July 2013 defendant entered into a plea agreement with the United States whereby defendant agreed to plead guilty to one count of conspiracy to distribute 100 grams or more of heroin. Doc. 78. The plea...
MEMORANDUM OPINION AND ORDER HENRY R. WILHOIT, JR. , District Judge . This matter is before the Court upon the Defendants' Motion for Summary Judgment [Docket No. 24]. The motion has been fully briefed by the parties [Docket Nos. 27 and 28] and for the reasons stated below, the Defendants' Motion for Summary Judgment will be sustained in part and overruled in part. I. This case arises from an incident which took place at the residence of Jimmy Lee and Erica Hill on February 22, 2012...
REPORT AND RECOMMENDATION J. GREGORY WEHRMAN, District Judge. On September 2, 2014, petitioner filed a petition for writ of habeas corpus. Doc. 1. On September 8, 2014, the presiding district judge issued an order deeming the petition to have been filed under 28 U.S.C. 2254. Doc. 5. That order also specifically referred the 2254 petition to this magistrate judge for preparation of a report and recommendation. After examining the record and applicable law, the Court recommends that the...
RECOMMENDED DISPOSITION ROBERT E. WIER, Magistrate Judge. Defendant, Jesus Lizarraras-Estudillo, by counsel, moves to suppress all physical evidence (and the fruits thereof) seized during law enforcement's March 6, 2014, search of his residence. DE #116. Defendant claims the affidavit underlying the search warrant failed to establish probable cause and that criticisms, premised on discovery, justify a hearing under Franks v. Delaware, 98 S.Ct. 2674 (1978). Id. The United States responds...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES, District Judge. This matter is pending for consideration of the Recommended Disposition regarding Defendant Jesus Lizarraras-Estudillo's motion to suppress evidence obtained during a search of his residence pursuant to a search warrant. [Record Nos. 116, 133] United States Magistrate Judge Robert E. Wier conducted an evidentiary hearing on December 8, 2014, because both parties asked for a hearing, although Magistrate Judge Wier did not make a...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES, District Judge. This matter is pending for consideration of Plaintiff John Brainard's motion to compel Defendant Liberty Life Assurance Company of Boston ("Liberty") to answer the plaintiff's interrogatories. [Record No. 29] Having reviewed Brainard's motion and Liberty's response, the Court will grant a portion of the relief sought. A reply is not needed for this purpose. I. Relevant Facts Brainard was covered through his former employer,...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES, District Judge. Larry Gutierrez is one of several defendants charged with conspiring to distribute heroin and a methamphetamine mixture in Whitley County, Kentucky beginning in October 2013 and continuing until approximately March 19, 2014. 1 [Indictment, Counts 2 and 3; Record No. 8] After his transfer to this district pursuant to a Writ of Habeas Corpus Ad Prosequendum, Gutierrez's appointed counsel moved the Court to direct a competency and...
MEMORANDUM OPINION & ORDER EDWARD B. ATKINS, Magistrate Judge. This matter is before the Court on Plaintiff Keybank, N.A.'s ("Keybank") Amended Motion for Attorney's Fees. [R. 59]. Defendants, Randall T. and Evonne D. Hartmann, did not file a response to Keybank's motion. This matter is fully briefed and ripe for review. I. BACKGROUND The instant matter centers around Randall Hartmann's personal guarantee of all obligations of Lake Cumberland Marine, LLC ("LCM") to Keybank. LCM was a...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, District Judge. This matter is before the Court upon the Report and Recommendation of Magistrate Judge Hanly A. Ingram. [DE 75]. Said action was referred to the magistrate for the purpose of reviewing the merit of Defendant Pineda-Parada's Motion to Vacate, Set Aside, or Correct His Sentence pursuant to 28 U.S.C. 2255, [DE 46], to which the United States filed a response, stating its objections thereto [DE 65]. Defendant filed a Reply in further...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. The Court has reviewed the Complaint [DE 1-1] filed by Anthony D. Wilson on his own behalf and in his role as parental guardian and best friend of C.W., a minor child, as well as Defendants' Motion for an Order Holding this Matter in Abeyance and Requiring Entry of an Appearance of Counsel on Behalf of the Minor Plaintiff [DE 4]. The Court also notes that Anthony D. Wilson has filed an Ex Parte Motion for Restraining Order...
MEMORANDUM OPINION AND ORDER DAVID L. BUNNING, District Judge. Plaintiff Vickie Tuggle alleges that her former employer, Defendant Goodwill Industries of Kentucky, Inc. (Goodwill), discriminated against her because of her age when it declined to promote her and terminated her. Goodwill moves for summary judgment, arguing that it did not promote Tuggle because other candidates were more qualified and that it terminated her because she failed to show up to work for three days after her...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is before the Court upon the motion of the defendants, Larry and Claudia Green, requesting this Court to abstain from exercising jurisdiction in this case. [DE 23]. Plaintiff filed a memorandum in opposition, [DE 30], and Defendants filed a reply. [DE 31]. Fully briefed, this matter is ripe for a decision. I. Background This declaratory judgment action stems from a complaint brought by A.H. in state court on...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES, District Judge. This matter is pending for consideration of Plaintiff James Kilgore's pro se motion for an injunction. [Record No. 17] Kilgore is currently confined in the Blackburn Correctional Complex, located in Lexington, Kentucky. Consistent with local practice, Kilgore's motion was presented to a United States Magistrate Judge for initial review in accordance with 28 U.S.C. 636(b)(1)(B). On December 5, 2014, United States Magistrate...
PETITIONER ORDER ADOPTING REPORT AND RECOMMENDATION RESPONDENT DAVID L. BUNNING, District Judge. This matter is before the Court upon the Magistrate Judge's Report and Recommendation (R&R) (Doc. # 14), in which he recommends that the Court deny Petitioner Kevin Raiford's 28 U.S.C. 2254 petition for writ of habeas corpus. Raiford having filed objections to the R&R (Doc. # 17), and the Warden's time to submit a response having expired, this matter is ripe for review. For the reasons that...
MEMORANDUM OPINION AND ORDER DAVID L. BUNNING, District Judge. Plaintiff Emerald International Corporation ("Emerald") moves for partial summary judgment with respect to its breach of contract claim against Defendant WWMV, LLC. ("WWMV"). Because WWMV has failed to supply any amount of coal in accordance with the parties' executed purchase order, Emerald requests that its $500,000 prepayment be returned in full. Emerald also seeks reimbursement of related attorneys' fees. The Court has...
MEMORANDUM OPINION & ORDER GREGORY F. VAN TATENHOV, District Judge. Victor Humberto Araguz-Ramirez is an inmate confined by the Bureau of Prisons ("BOP") in the United States Penitentiary ("USP")-Florence, located in Florence, Colorado. 1 Proceeding without counsel, Araguz-Ramirez has filed a pleading [R. 1] which has been construed as a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. [R. 2.] Araguz-Ramirez challenges the manner in which the BOP has calculated the 111-...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES, District Judge. On February 22, 2006, Defendant James Davidson was sentenced to a term of imprisonment of 188 months following his guilty plea to fifteen counts, including a variety of drug, conspiracy, obstruction, money laundering, and firearms charges. [Record No. 702] On December 19, 2014, Davidson moved to modify or reduce his sentence based on recent changes in the drug quantity tables used to calculate guideline ranges for certain drug...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES, District Judge. This matter is pending for consideration of cross-motions for summary judgment filed by Plaintiff Aaron M. Black and Defendant Carolyn W. Colvin, Acting Commissioner of Social Security ("the Commissioner"). [Record Nos. 10, 11] Black argues that the administrative law judge ("ALJ") assigned to his case erred in finding that he is not entitled to a period of disability, Disability Insurance Benefits ("DIB") and Supplemental Security...
MEMORANDUM OPINION & ORDER JOSEPH M. HOOD , Senior District Judge . Defendants have entered guilty pleas in this matter, and the Court is tasked with imposing a sentence on them which is "sufficient, but not greater than necessary, to comply with" the purposes of sentencing set forth under 18 U.S.C. 3553(a)(2). Setting out to accomplish this task, the Court starts with the understanding that the offense of conviction for each defendant in this matter for conspiracy to commit wire fraud...
