MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., District Judge. This matter is before the Court on several motions by Defendant Hunter Durham. Durham has filed a motion for summary judgment against all Plaintiffs based on an election of remedies theory [DN 258] as well as a motion for oral argument [DN 245]. Durham has also filed eight motions for summary judgment against individual Plaintiffs on several overlapping theories. The eight individual motions are against the following...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., District Judge. This matter is before the Court on Plaintiff American Dairy Queen Corporation's (ADQ) Motion for Summary Judgment [DN 34]. Fully briefed, this matter is ripe for decision. I. STANDARD OF REVIEW In order to grant a motion for summary judgment, the Court must find that the pleadings, together with the depositions, interrogatories and affidavits, establish that there is no genuine issue of material fact and that the...
MEMORANDUM OPINION CHARLES R. SIMPSON, III, District Judge. This matter is before the court on plaintiff Lafone Jones' Motion to Remand (DN 5). The defendants have responded (DN 7) and plaintiff has replied (DN 8). The defendants have also moved for leave to file a sur-reply in support of their motion opposing remand (DN 9), which the plaintiff opposes (DN 10). For the reasons set forth below, we will grant defendant's motion to file a sur-reply and will grant plaintiff's motion to remand....
MEMORANDUM OPINION JAMES D. MOYER, United States Magistrate Judge. One of the remaining defendants, Dynamic Cooking Systems, Inc., has moved to exclude Thomas Crane from testifying as an expert witness in this matter ( see docket no. 122). Having considered the motion and all responses thereto, and for the reasons stated below, the court will grant the motion. I. This case arose because a range manufactured by Dynamic Cooking Systems exploded while Ms. Siegel was using it. One of the...
MEMORANDUM OPINION THOMAS B. RUSSELL, Chief Judge. The Plaintiff has filed a motion to remand for lack of federal jurisdiction, or, in the alternative, a motion to strike any ERISA Defenses. Docket #18. The Defendant has filed a response. Docket #23. The Plaintiff has filed a reply. Docket #24. This motion is now ripe for adjudication. Having been fully informed of the issues, this Court GRANTS the motion to remand and DENIES the motion to strike as moot. BACKGROUND The Plaintiff, Linnie...
MEMORANDUM OPINION JOHN G. HEYBURN, II, District Judge. In this action, the parties dispute the applicability of a Kentucky statute, and its amendments, requiring mobile phone providers to collect monthly emergency 911 service fees from their customers on behalf of the Commonwealth. Specifically, the parties dispute whether TracFone Wireless, Inc. ("TracFone"), which provides prepaid wireless service primarily through retail stores like Wal-Mart, was required to collect the service fees. The...
MEMORANDUM OPINION CHARLES R. SIMPSON III, District Judge. Morris Aviation (a Kentucky corporation) and Mascaro Aviation (a Florida corporation) have sued Diamond Aircraft Industries (a Canadian corporation) for fraud and violation of state consumer protection statutes. Each plaintiff purchased a DA42 aircraft (Mascaro in August 2007, Morris in March 2008) from Premier Aircraft Sales, Inc., an authorized distributor of Diamond airplanes. 1 These planes were designed for and sold with...
MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. Plaintiffs, twenty-seven (27) Taco Bell restaurant operators, originally filed this lawsuit in Jefferson Circuit Court. Their principal places of business are in seven different states, including Kentucky, Kansas and Missouri. Defendants are the Dairy Farmers of America ("Dairy Farmers") and two of its officers, collectively residents of Kansas and Missouri. Plaintiffs allege that the Dairy Farmers breached their contract with...
MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. Plaintiff brings this action seeking recovery for life insurance benefits under a policy for which her son, Dennis M. Yates ("Yates"), applied on July 22, 2008. As fate would have it, Yates passed away before the life insurance company, Bankers Life & Casualty Insurance Co. ("Bankers" or "the insurance company"), determined whether it would fully accept the application and insure Yates. Nearly two months after Yates' death, and...
MEMORANDUM OPINION THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Plaintiff, Secura Insurance Company's, Motion for Determination of Coverage (DN 30). Defendant Gray Construction, Inc., has filed a response (DN 36). Defendant Green Mechanical Construction, Inc., has filed a response (DN 37). Plaintiff has filed a reply (DN 42). This matter is now ripe for adjudication. For the following reasons, Plaintiff's motion is DENIED. Also before the Court is Defendant Gray...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter having come before the Court upon Defendants, Hopkinsville Surface and Storm Water Utility and the City of Hopkinsville's, Motion to Dismiss, or in the Alternative, to Stay Proceedings Pending State Court Litigation (DN 6). Plaintiffs, David and Stacy Kopacz, have filed a response (DN 7). Defendants have filed a reply (DN 8). This matter is now ripe for adjudication. For the following reasons, Defendants Motion is...
MEMORANDUM OPINION JOHN G. HEYBURN, II, District Judge. Plaintiff, Dana Bowers ("Bowers") brings this putative class action lawsuit alleging that Defendants Windstream Kentucky East, LLC ("Windstream East"), Windstream Kentucky West, LLC ("Windstream West"), and Windstream Communications, Inc. ("Windstream Communications") (collectively, "Windstream" or "the Windstream companies"), overcharged her for monthly telecommunications services and included misleading statements on her bills, in...
