MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court on Defendant Mark Easley's Motion to Dismiss the Indictment, Motion to Reopen Detention Hearing, and Motion for Release of Property. [DN 19]. The Government responded, [DN 22, 23, 24], and filed a Motion for Psychiatric or Psychological Examination, [DN 27]. Defendant replied. [DN 29]. These matters are ripe for adjudication. At this time, the Court will address Defendant's Motion to...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court on Defendant Kendrick Malone's Motion to Exclude. [DN 54]. The Government responded. [DN 55]. This matter is ripe for adjudication. For the reasons stated herein, Defendant's Motion to Exclude, [DN 54], is DENIED. BACKGROUND On April 12, 2019, Defendant was indicted on one count of possession with intent to distribute methamphetamine. [DN 1]. Discovery indicates that the Government's...
MEMORANDUM OPINION AND ORDER DAVID J. HALE , District Judge . Plaintiff John Albin and his girlfriend were stopped and questioned by three Louisville Metro Police Department officers after getting out of a parked car. (Docket No. 1-2, PageID # 11) Albin alleges that the officers then unlawfully searched his car without consent and that he was unlawfully arrested for being a felon in possession of a firearm despite having no prior felony convictions. ( Id., PageID # 13-16) Albin...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO REMAND JUSTIN R. WALKER , District Judge . Plaintiffs filed this wrongful death action against Watts and Barbarella, Louisville LLC in mid-February 2019. 1 DN 1-2. The Complaint says, "Upon information and belief, Defendant, Jane Watts, is a resident of the State of Indiana." Id. 3. Plaintiffs are Kentucky residents. Id. 1, 2. Barbarella is a Florida citizen. DN 1 6. Plaintiffs now say that Watts is a Kentucky citizen like they...
MEMORANDUM OPINION AND ORDER REBECCA GRADY JENNINGS , District Judge . The Courier Journal, Inc. ("Defendant") moves to dismiss Alan Rupp's ("Plaintiff's") complaint [DE 12]. Briefing is complete. [DE 17; DE 18]. The matter is ripe. For the reasons below, Defendant's Motion is GRANTED. I. BACKGROUND Plaintiff owns DERBY-PIE (the "Mark"), a federal trademark for a "well-known chocolate nut pie" sold nationwide. [DE 17 at 86]. First created in 1954 at the Melrose Inn in Prospect,...
MEMORANDUM OPINION AND ORDER DAVID J. HALE , District Judge . Wendella Battle was arrested by Walter Parr—a security guard at the Cash Saver grocery store in Louisville, Kentucky—for criminal trespass in the third degree on September 28, 2016. (Docket No. 29-1, PageID # 131) According to Parr, he saw Battle in front of the store on that date, despite two prior warnings that she was banned from the grocery store and the property. ( Id., PageID # 129-131) Battle maintains, however, that...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court upon Petitioner Larry Ordway's ("Ordway") pro se petition for a writ of habeas corpus. [DN 1.] The Court directed Ordway to show cause why his petition should not be dismissed as time-barred. [DN 4.] Ordway responded to the Court's Show Cause Order. [DN 5.] The Court referred this matter to Magistrate Judge King. Magistrate Judge King filed his Findings, Conclusions, and...
MEMORANDUM OPINION THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court on Defendants' Second Motion for Summary Judgment. [DN 107]. In response, pro se Plaintiff Michael Cooper filed a Motion for Partial Summary Judgment. [DN 108]. This matter is ripe for adjudication. For the reasons stated herein, Defendants' Second Motion for Summary Judgment, [DN 107], is GRANTED and Plaintiff's Motion for Partial Summary Judgment, [DN 108], is DENIED AS MOOT. The Court will...
MEMORANDUM OPINION THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court upon a motion (the "Motion") by the Defendants, Charles D. Crick, George Henson, Seth Mitchell, Bruce VonDwingelo, Webber, and Randy White, for sanctions against the Plaintiff, Damien A. Sublett. (DN 95). Sublett has responded to the Motion. (DN 102). Sublett has also filed a supplement to his Response. (DN 104). The Court held an evidentiary hearing in this matter on February 10, 2020. At the...
ORDER CHARLES R. SIMPSON, III , Senior District Judge . This court has reviewed the Findings of Fact, Conclusions of Law, and Recommendation of the United States Magistrate Judge (the "report") and conducted a de novo review of those portions of the report to which plaintiff Wendy Lawson objects, and for the reasons set forth in the memorandum opinion entered herein this date, the objections (DN 25) are OVERRULED and the magistrate judge's report (DN 24) is ACCEPTED AND ADOPTED IN ITS...
MEMORANDUM OPINION CHARLES R. SIMPSON, III , Senior District Judge . This matter is before the court for consideration of the Findings of Fact, Conclusions of Law, and Recommendation of the United States Magistrate Judge (the "report") in this action seeking judicial review pursuant to 42 U.S.C. 405(g) of the denial by the Commissioner of Social Security ("Commissioner") of plaintiff Wendy Lawson's claim for disability insurance benefits ("DIB") and Supplemental Security Income ("SSI")....
MEMORANDUM OPINION AND ORDER COLIN H. LINDSAY , Magistrate Judge . Before the Court are four motions filed by Plaintiff, Michael Jacobs ("Jacobs"): (1) a Motion to Compel (DN 38); (2) a Motion to Disqualify Defense Counsel (DN 41); (3) a Motion to Strike Defense Errata Sheets (DN 51); and (4) a Renewed Motion to Compel the Deposition of Paul Tu (DN 75). 1 Defendant, Floorco Enterprises, LLC ("Floorco"), filed responses to each motion (DNs 43, 46, 60, 86), and Jacobs filed replies (DNs 44,...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter comes before the Court upon defendant Fulton County Kentucky Medical's ("Defendant") Motion for Summary Judgment. [DN 49.] Plaintiff, David Ashby ("Ashby") has not responded. As such, this matter is ripe for adjudication. For the reasons that follow, Defendants' Motion for Summary Judgment is GRANTED. I. Background Ashby filed this case on March 30, 2018. [DN 1.] He filed an amended complaint against...
MEMORANDUM OPINION AND ORDER CHARLES R. SIMPSON, III , Senior District Judge . This matter is before the Court for consideration of the request of defendant Timothy Terrell Ballanger for appointment of counsel in order to seek resentencing in light of certain recent developments in the law. 1 For the reasons set forth below, the Court will deny Mr. Ballanger's request. The defendant pleaded guilty to a three-count indictment in this case, admitting to committing a carjacking by the use...
MEMORANDUM OPINION AND ORDER REBECCA GRADY JENNINGS , District Judge . This matter is before the Court on Plaintiff Glen Fleming's ("Fleming") Motion to Amend [DE 13] and Donnie Tinnell, Floyd Cook, and Dale Pressley's ("Defendants") Motion to Dismiss, [DE 5] and Motion to Strike Plaintiff's Affidavit Attached to Reponses to Defendant's Motion to Dismiss, [DE 10]. Briefing is complete. [DE 9, 11, 12, 14, 15]. The matter is now ripe. For the reasons below, the Motion to Amend is GRANTED...
MEMORANDUM OPINION AND ORDER DAVID J. HALE , District Judge . Plaintiff Kimberly Beeler alleges that Defendant Norton Healthcare, Inc. retaliated against her for making good-faith complaints of discrimination to Norton's Human Resources Department, and to the Equal Employment Opportunity Commission. (Docket No. 41, PageID # 404) Beeler further alleges that Norton discriminated against her due to her age and gender in violation of state and federal law. (D.N. 1-1, PageID # 14) Norton moves...
MEMORANDUM OPINION AND ORDER REBECCA GRADY JENNINGS , District Judge . This is a 42 U.S.C. 1983 action filed by pro se Plaintiff Donald R. Violett. Defendants Casey Dowden, John Hall, Teresa Turner, Christopher Lefebvre, Jeffrey Royalty, and Anna Valentine (the Kentucky Department of Corrections (KDOC) Defendants) move for summary judgment. (DN 135). They rely on their previous motion for summary judgment and memorandum of law (DN 102), which the Court administratively remanded from...
MEMORANDUM OPINION AND ORDER GREG N. STIVERS , Chief District Judge . This matter is before the Court on Motion to Dismiss on behalf of Defendants Commonwealth of Kentucky Cabinet for Unemployment Insurance and Referee N. Miley (DN 12). The motion is ripe for adjudication. For the reasons that follow, Defendants' motion is GRANTED. I. BACKGROUND Plaintiff Roy Anderson Carver ("Carver") filed this pro se action on July 31, 2019, against numerous defendants, 1 including the...
MEMORANDUM OPINION AND ORDER H. BRENT BRENNENSTUHL , Magistrate Judge . BACKGROUND Before the Court is the complaint (DN 1) of Molly Heath ("Plaintiff") seeking judicial review of the final decision of the Commissioner pursuant to 42 U.S.C. 405(g). Both the Plaintiff (DN 14) and Defendant (DN 26) have filed a Fact and Law Summary. For the reasons that follow, the final decision of the Commissioner is AFFIRMED, and judgment is GRANTED for the Commissioner. Pursuant to 28 U.S.C....
MEMORANDUM AND ORDER DAVID J. HALE , District Judge . Plaintiff Treyshawn Lee Jones, pro se, filed this civil-rights action. Before the Court is the motion to dismiss this case for lack of prosecution (Docket No. 26) filed by Defendants. Defendants point to Plaintiff's failure to attend scheduling conferences on October 2, 2019, or on February 4, 2020, or otherwise inform the Court why he failed to appear; failure to notify the Court and counsel of a change of address; and failure to...
