MEMORANDUM OPINION AND ORDER GREG N. STIVERS, District Judge. This case was filed by Plaintiff, Donnell Flippin, a pretrial detainee at the Simpson County Detention Center, in state court. Defendants have removed the action to this Court. This matter is before the Court for screening pursuant to 28 U.S.C. 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). For the reasons set forth below, the action will...
MEMORANDUM OPINION AND ORDER LANNY KING, Magistrate Judge. This matter comes before the Court upon the Motion to Bifurcate of Plaintiff William Winchester, proceeding pro se. (Docket No. 9). The Defendant, the City of Hopkinsville ("the City"), has responded, (Docket No. 22), and Winchester has replied, (Docket No. 30). Fully briefed, this matter is ripe for adjudication. For the reasons set forth below, the Court will DENY Winchester's Motion. Factual Background This action arises from...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Senior District Judge. This matter comes before the Court upon a number of motions filed in preparation for a bench trial to be held on December 30, 2014. The issues before the Court include Plaintiff Regina Fulcher's objections to the Government's list of trial witnesses and exhibits, (Docket No. 14), to which the Government has responded, (Docket No. 17). The Government also filed objections to Fulcher's proposed exhibits list, (Docket No. 16)...
MEMORANDUM OPINION THOMAS B. RUSSELL, Senior District Judge. This matter comes before the Court upon dual motions filed by the Commonwealth of Kentucky, by and through the Education and Workforce Development Cabinet Office for the Blind, to which the United States has responded. These motions include the Commonwealth's Motion for Permanent Injunction, (Docket No. 27), and its Motion to Dismiss the Defendant's Counterclaim, (Docket No. 34). 1 The Court will address each of these motions...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Senior District Judge. This matter comes before the Court upon the United States' Motion to Consolidate Cases, filed August 18, 2014. (Docket No. 29.) The United States seeks to consolidate the instant action with Commonwealth of Kentucky Education and Workforce Development Cabinet Office for the Blind v. United States, Civil Action No. 5:14-cv-00056-TBR. (Docket No. 29.) The United States filed a similar motion in that case. ( See Civil...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Senior District Judge. This matter is before the Court upon Defendant JLG Industries, Inc.'s Motion to Exclude Expert Testimony of John Jendrzejewski and Mark Webster. (Docket #51). Plaintiff has responded. (Docket #61). These matters now are ripe for adjudication. For the foregoing reasons, Defendant's motion (Docket #51) is DENIED. BACKGROUND This action arises from Plaintiff Steven Mackenzie's fall from a vertical lift manufactured by...
MEMORANDUM OPINION CHARLES R. SIMPSON III , Senior District Judge . This matter is before the Court on the Motion to Dismiss (DN 82) of Defendants Yum! Brands, Inc. ("Yum!" or the "Company"), David C. Novak, Richard T. Carucci, and Jing-Shyh S. Su ("Individual Defendants"). Defendants request that the Court dismiss the Consolidated Class Action Complaint ("Complaint") (DN 72) with prejudice for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). For the following...
MEMORANDUM OPINION CHARLES R. SIMPSON III , Senior District Judge . This matter is before the Court on the renewed motion of Plaintiff Howard Stephen Snyder for partial summary judgment (DN 37). Plaintiff asserts that he is entitled to summary judgment on his claim of discrimination under the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12182. For the following reasons, the Court will grant Plaintiff's renewed motion for partial summary judgment. I. BACKGROUND Plaintiff...
MEMORANDUM AND ORDER GREG N. STIVERS, District Judge. Plaintiff Glenn D. Odom, II, a pro se prisoner proceeding in forma pauperis , filed the instant action concerning his incarceration at Kentucky State Penitentiary (KSP). Upon initial review of the complaint pursuant to 28 U.S.C. 1915A, the Court allowed the following claims to proceed: the official-capacity claims for failure to protect against Defendants Bruce Von Dwingelo, Duke Pettit, and Randy White seeking injunctive relief in...
MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, Senior District Judge. The United States of America has moved to dismiss the case against it. Plaintiff has not filed a response. The Court concludes that the lawsuit must be dismissed. I. Plaintiff, Gene DeShawn M. Watkins, filed a hand-written pro se complaint against the Federal Bureau of Investigation ("FBI") in the Jefferson Circuit Court, Jefferson County, Kentucky, on July 23, 2014. Defendant timely removed the case to this Court....
MEMORANDUM OPINION CHARLES R. SIMPSON, III, Senior District Judge. This matter is before the court on appeal from an order of the United States Bankruptcy Court setting the commission of William Stephen Reisz, Chapter 7 Trustee (hereinafter "Trustee"), at $5,000.00. BACKGROUND The underlying facts in this case are undisputed. The Chapter 7 debtors, Sammy and May Wooten, owned and operated a trucking business and a grocery store in Sonora, Kentucky. The grocery store suffered from declining...
MEMORANDUM OPINION CHARLES R. SIMPSON, III, Senior District Judge. This matter is before the court for consideration of the following motions: (1) Second motion of Plaintiff, Overlook Terraces, Ltd. ("Overlook") to amend complaint. DN 17. (2) Motion of Overlook to remand. DN 7. Defendant, Tamko Building Products, Inc., n/k/a Tamko Roofing Products Inc. ("Tamko") opposed both motions, arguing that the proposed amendment fails to state a claim, nullifying the need for a remand. DN 9; DN 22....
OPINION AND ORDER LANNY KING, Magistrate Judge. This matter was referred to Magistrate Judge Lanny King by District Judge Gregory N. Stivers for determination of non-dispositive motions pursuant to 28 U.S.C. 636(b)(1)(A). (DN 32). The defendants have asserted privilege over twenty-nine sets of emails. These emails are generally between the two defendants, the City of Hopkinsville and the Hopkinsville Solid Waste Authority (HSWA). Attorneys for the city or HSWA authored some of the emails....
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, District Judge. This matter comes before the Court upon two motions in limine filed by various defendants. First, Defendant Conken Systems, Inc. ("Conken") filed a motion in limine regarding subsequent remedial measures, (Docket No. 192), to which Plaintiff Christopher Kelter responded, (Docket No. 194). Defendant FedEx Ground Package System, Inc. ("FedEx") joined Conken's motion. (Docket No. 202). FedEx also filed its own motion seeking to...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR. , Chief Judge . This matter is before the Court on the Plaintiffs' motion for preliminary injunction seeking to preliminarily enjoin Tennessee Valley Authority ("TVA") from carrying out any activities that will implement its decision to retire Paradise Units 1 and 2 and construct a new gas-powered generating facility and accompanying gas transport infrastructure. [DN 17] The Court held a preliminary injunction hearing. Fully briefed and...
MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. Plaintiff, Reginald Edmonds, filed a complaint pursuant to 42 U.S.C. 405(g) for judicial review of a final decision of the Commissioner of Social Security that denied his application for disability insurance benefits. Plaintiff's claim was denied by the Commissioner on initial consideration and on reconsideration. Later, Plaintiff's claim was denied by an Administrative Law Judge. Subsequently, Plaintiff appealed to this...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, District Judge. This matter is before the Court upon Plaintiffs' motion to compel arbitration and for an injunction. (Docket #9). Defendants have responded. (Docket #10). Plaintiffs have replied. (Docket #11). This matter is ripe for adjudication. For the following reasons, Plaintiffs' motion to compel arbitration (Docket #9) is DENIED. BACKGROUND Frances M. Neblett was a resident of Parkview Nursing and Rehabilitation Center ("Parkview") from...
ACCEPTANCE OF PLEA OF GUILTY, ADJUDICATION OF GUILT, AND NOTICE OF SENTENCING JOSEPH H. McKINLEY, Jr., Chief District Judge. Pursuant to the Report and Recommendation of the United States Magistrate Judge, the plea of guilty of the Defendant to Count 1 of the Indictment is hereby accepted, and the Defendant is adjudged guilty of such offense. In order to proceed under the Sentencing Reform Act of 1984 (Pub. L. 98-473, Title II, c. 2, Sections 211-239), 18 U.S.C. Sections 3551-3559, IT IS...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY H. BRENT BRENNENSTUHL, District Judge. The Defendant, by consent, has appeared before me pursuant to Rule 11, Federal Rules of Criminal Procedure, and has entered a plea of guilty to Count One of the Single-Count Indictment. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowledgeable and voluntary and that the offense charged is supported...
ACCEPTANCE OF PLEA OF GUILTY, ADJUDICATION OF GUILT, AND NOTICE OF SENTENCING JOSEPH H. McKINLEY, Jr., Chief District Judge. Pursuant to the Report and Recommendation of the United States Magistrate Judge, the plea of guilty of the Defendant to Count 1 of the Superseding Indictment is hereby accepted, and the Defendant is adjudged guilty of such offense. In order to proceed under the Sentencing Reform Act of 1984 (Pub. L. 98-473, Title II, c. 2, Sections 211-239), 18 U.S.C. Sections 3551-...
