MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., Chief Judge. Terri Naiser and Jonnie Phillips, on behalf of themselves and all others similarly situated (collectively, the "Plaintiffs"), bring this putative class action against Unilever United States, Inc. ("Unilever"); LEK Inc. ("LEK"); and Conopco, Inc., d/b/a Unilever Home & Personal Care USA ("Conopco"). Plaintiffs' action arises out of their purchase and use of a hair product which was marketed and sold as Suave Professionals...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Senior District Judge. This matter is before the Court upon Defendants Midwest Propane and Refined Fuels LLC ("Midwest"), Innovative Energy Solutions, LLC ("Innovative"), and Grundy Electric Cooperative, Inc.'s ("Grundy") Motion to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction as to Grundy and Innovative. (Docket No. 33.) Plaintiffs have responded. (Docket No. 41.) Defendants have replied. (Docket No. 44.) This matter is now...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Senior District Judge. This matter is before the Court upon Plaintiffs' Motion for Summary Judgment. (Docket No. 143.) Defendant has responded, (Docket No. 148), and Plaintiffs have replied. (Docket No. 167). This matter is now fully briefed and ripe for adjudication. For the following reasons, the Court will GRANT in part and DENY in part (to the extent it is inconsistent with this opinion) Plaintiffs' Motion for Summary Judgment. (Docket...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., Chief Judge. This matter is before the Court on Defendant Covol Fuels No. 2's ("Covol") Motion for Summary Judgment [DN 120] and Motion to Exclude, or Limit Testimony of, Plaintiff's Expert Witnesses [DN 122]. Additionally, other matters before the Court are Plaintiffs' Motion for Partial Summary Judgment [DN 113], Daubert Motion to Exclude Testimony and Opinions of Dr. George R. Nichols [DN 115], Motion In Limine Excluding Any...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., Chief Judge. This matter is before the Court on the Commonwealth's Motion to Remand [DN 10]. Fully briefed, this matter is ripe for decision. For the following reasons, the motion is GRANTED. I. BACKGROUND This action focuses on Risperdal , a prescription antipsychotic medicine which has been approved by the Food and Drug Administration ("FDA"). Since its launch in 1994, Defendants have advertised, sold, marketed, and distributed...
MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, District Judge. In this declaratory action between two insurers, Plaintiff, Owners Insurance Company ("Owners Insurance"), has moved for summary judgment claiming reimbursement from Defendant, State Auto Property and Casualty Company ("State Auto") for a pro rata share of one-half of the $259,000 settlement paid in the underlying non-motor vehicular personal injury action. State Auto contends that Owners Insurance's policy is primary and thus...
MEMORANDUM OPINION THOMAS B. RUSSELL, Senior District Judge. This matter comes before the Court on a motion to dismiss by Defendants Charles A. Jones, CA Jones Management Group, LLC, Global Book Resellers, LLC, and Technology Associates, Inc. (Docket No. 21). The Plaintiff Responded (Docket No. 23). The Defendants replied (Docket No. 25). The Plaintiff filed a surreply (Docket No. 36). Fully briefed, the matter is now ripe for adjudication. For the following reasons, the Defendants' motion is...
MEMORANDUM OPINION THOMAS B. RUSSELL, Senior District Judge. This matter is before the Court upon the Plaintiff's Brief After Remand. (Docket No. 49.) Defendant has responded, (Docket No. 50), Plaintiff has replied, (Docket No. 51), and Defendant, with leave of Court, has filed a Sur-Reply, (Docket No. 55). This matter is now ripe for adjudication. For the reasons that follow, the Defendant's decision relative to Plaintiff's mental health long-term disability claim will be affirmed, and the...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, Jr., Chief District Judge. This matter is before the Court on the Summary Judgment Motion of Defendant, Cattron-Theimeg, Inc. ("Cattron") [DN 53]. Also before the Court is the Summary Judgment Motion of Third-Party Defendant, Alcan Primary Products Corporation ("Alcan") [DN 55]. Fully briefed, this matter is ripe for decision. For the following reasons, Cattron's summary judgment motion is GRANTED in part and DENIED in part. Alcan's summary...
MEMORANDUM OPINION CHARLES R. SIMPSON, III, Senior District Judge. This matter is before the court for consideration of the following motions: (1) Motion of the defendant, Aker Plant Services Group, Inc. ("Aker"), for summary judgment (DN 25). (2) Motion of Aker for leave to file a supplemental brief in support of its motion for summary judgment (DN 32). (3) Motion of the plaintiff, Tommy D. Sharp ("Sharp"), to amend the complaint (DN 34). (4) Motion of Sharp for a status conference (DN...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Senior District Judge. This matter is before the Court upon Defendant David Griffin's Motion to Dismiss, (Docket No. 18), and Defendant Charles Jones' Motion for Judgment on the Pleadings, (Docket No. 19). Plaintiff Wells Fargo Financial Leasing, Inc. (Wells Fargo), has responded to both Motions. (Docket Nos. 23 & 24, respectively.) Griffin has replied, (Docket No. 29); Jones has not replied, and the time to do so has now passed. These matter...
MEMORANDUM OPINION CHARLES R. SIMPSON, District Judge. Petitioner, George Edward Malone, filed this action pursuant to 28 U.S.C. 2254, seeking a writ of habeas corpus (DN 1). According to his petition, after a jury trial in July 2004, Petitioner was convicted of first-degree rape; first-degree sodomy; fourth-degree assault; firstdegree PFO; and kidnapping. He was sentenced to 70 years in prison. The petition argues that Petitioner is actually innocent based on the affidavit of his wife,...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, Jr., District Judge. This matter is before the Court on Defendants Monticello Banking Company ("Monticello") and Richard Owens' (acting in his official capacity for Monticello) Motion for Summary Judgment [DN 37] and Monticello's Motion to Strike Expert Testimony [DN 23]. Fully briefed, these matters are ripe for decision. I. BACKGROUND Plaintiffs, Robert Ragle and Laura Ragle, initially filed this action in Russell Circuit Court on July 2,...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, Jr., Chief District Judge. On January 16, 2013, 1 Movant Jeremiah Marshall filed a pro se request for an evidentiary hearing (DN 87). Upon review of the request, which the Court construed as a motion, the Court entered a Memorandum and Order in which it directed Movant to notify the Court whether he desired to withdraw the motion or amend it (DN 88). The Court warned Movant that failure to respond to the Court's Order would result in the...
MEMORANDUM OPINION AND ORDER CHARLES R. SIMPSON, III, Senior District Judge. Before the Court is the summary-judgment motion filed by Defendant Beehler (DN 46). For the following reasons, that motion will be granted. I. FACTS Plaintiff is currently an inmate at the Luther Luckett Correctional Complex (LLCC). Previously, he was housed at the Roederer Correctional Complex (RCC). He sued, among other Defendants, Brenda Beehler, whom he identified as the RCC nurse administrator, in her...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, Jr., Chief District Judge. This matter is before this Court on Defendant Lowe's Home Center's ("Defendant" or "Lowe's") Daubert Motion Seeking Exclusion of Expert Testimony [DN 30] and Motion for Partial Summary Judgment [DN31]. Fully briefed, this matter is ripe for decision. I. BACKGROUND On July 4, 2010, Plaintiff Denise Gilmore alleges that she slipped and fell on a watering wand at Lowe's Home Center in Madisonville, Kentucky....
MEMORANDUM OPINION JOSEPH H. McKINLEY, Jr., Chief District Judge. This matter is before the Court on a Petition for Writ of Habeas Corpus filed by Movant, Jason Hawkins, pursuant to 28 U.S.C. 2255 [DN 73] and on motions by Movant, Jason Hawkins, to appoint counsel for resentencing [DN 82, DN 85]. The case was referred to United States Magistrate Judge H. Brent Brennenstuhl for the resolution of all non-dispositive matters and for the preparation of Findings of Fact, Conclusions of Law and...
MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. On August 12, 2013, the Court entered a Memorandum Opinion and Order dismissing Plaintiff, Eric Lloyd Hermansen's two-count complaint against Defendants, Kentucky Department of Corrections and individual employees of the Kentucky State Reformatory ("KSR"). 1 Plaintiff generally alleges that Defendants wrongfully transferred him from the KSR to the Kentucky State Penitentiary in an effort to stifle his legal assistance to other...
MEMORANDUM OPINION JOSEPH H. McKINLEY, Jr., Chief District Judge. Movant, Terry Wayne Hambric, filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 (DN 69). Because the motion appeared to be barred by the applicable statute of limitations, on preliminary consideration under Rule 4 of the Rules Governing Section 2255 Cases in the United States District Courts, the Court directed Movant to show cause within 30 days why his motion should not be denied and...
MEMORANDUM OPINION AND ORDER THOMAS B. ROSSELL, Senior District Judge. This matter comes before the Court on a motion to dismiss by Defendant Danny Basil. (Def.'s Mot., Docket Number ("DN") 41.) The Plaintiffs responded. (Pls.' Resp., DN 43.) The Defendant replied. (Def.'s Reply, DN 45.) The motion is now ripe for adjudication. For the following reasons, the Defendant's motion is GRANTED IN PART and DENIED IN PART. I. The Plaintiffs, SAAP Energy, Inc., and Saibabu Appalanei (...
