REPORT AND RECOMMENDARION OF UNITED STATES MAGISTRATE JUDGE NOELLE C. COLLINS, Magistrate Judge. This matter is before the court on Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. (Doc. 1). This matter has been referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. 636(c). (Doc. 18). After reviewing the case, the court has determined that Petitioner is not entitled to relief. As a result, the court will recommend that the Petition be...
REPORT AND RECOMMENDATION ABBIE CRITES-LEONI, District Judge. This matter was referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. 636(b). Pending before the undersigned is Defendant Bob L. Woods' Motion to Suppress (Doc. 19) evidence obtained from his vehicle, as well as statements he made on April 9, 2014. Woods argues that his vehicle was unlawfully stopped and he was unlawfully detained. He further argues that any incriminating statements that he made were...
FINDINGS OF FACT AND CONCLUSIONS OF LAW CATHERINE D. PERRY, District Judge. This construction case was tried to the court in a seven-day bench trial. Plaintiff Jamison Electric LLC is an electrical subcontractor who performed work on the renovation of an apartment building owned by the St. Louis Housing Authority. Jamison brings claims against the general contractor, Hankins Construction Co., and Hankins' surety, Fidelity and Deposit Co. of Maryland. Jamison asserts that Hankins breached the...
MEMORANDUM AND ORDER E. RICHARD WEBBER, Senior District Judge. This matter comes before the court upon "Comerica's Motion for Summary Judgment" [ECF No. 1821]. I. FACTUAL AND PROCEDURAL BACKGROUND This litigation arises out of proceedings instituted by the Texas Department of Insurance in Travis County, Texas, in which National Prearranged Services, Inc. ("NPS"), Lincoln Memorial Life Insurance Company ("Lincoln"), and Memorial Service Life Insurance Company ("Memorial") were placed in...
MEMORANDUM AND ORDER ON PLAINTIFFS' MOTION FOR ENTRY OF DEFAULT JUDGMENT — AUDIT AUDREY G. FLEISSIG, District Judge. This matter is before the Court on plaintiffs' motion for default judgment against defendants Sutton Painting, LLC and Sheila K. Sutton (hereinafter, "Defendants"). Plaintiffs filed this action on October 7, 2013 under the Employee Retirement Security Act, 29 U.S.C. 1132 and 1145, and the Labor Management Relations Act, 29 U.S.C. 185. The Complaint alleges Defendants have...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG, District Judge. This matter is before the Court on the following motions filed by Petitioner in this 28 U.S.C. 2255 action: (1) motion for extension of time in which to file a reply brief (Doc. No. 19); (2) motions for appointment of counsel (Docs. No. 4 & 11); and (3) motion for leave to conduct discovery (Doc. No. 15). For the reasons set forth below, the Court will grant Petitioner's motion for extension of time, but will deny the motions for...
MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, Jr., District Judge. This matter is before the Court on petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner has neither paid the $5 filing fee nor filed a motion to proceed in forma pauperis. As a result, the Court will order petitioner to either pay the filing fee or submit a motion to proceed in forma pauperis and financial affidavit. Accordingly, IT IS HEREBY ORDERED that the Clerk shall mail to petitioner a...
MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter comes before the Court on movant's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255. Because the motion is successive, it will be summarily denied and dismissed. Background On February 17, 2010, after entering into a written plea agreement with the government, movant pled guilty to conspiring to possess oxycodone with intent to distribute, in violation of 21 U.S.C. 846. 1 On May 27, 2010,...
MEMORANDUM AND ORDER NANNETTE A. BAKER, Magistrate Judge. The following opinion is intended to be the opinion of the Court judicially reviewing the denial of John Miller's ("Miller") application for disability insurance benefits under the Social Security Act. The Court has jurisdiction over the subject matter of this action under 42 U.S.C. 405(g). The parties have consented to the exercise of authority by the United States Magistrate Judge pursuant to 28 U.S.C. 636(c). [Doc. 8.] The...
MEMORANDUM AND ORDER E. RICHARD WEBBER, Senior District Judge. This matter comes before the court upon "Defendant Herbert Morisse's Motion for Judgment on the Pleadings or in the Alternative, Motion for Summary Judgment" [ECF No. 1746]. I. FACTUAL BACKGROUND The Court adopts the following statement of facts as well-pleaded allegations in Plaintiffs' Third Amended Complaint [ECF No. 916]. Ginsburg v. Inbev NV/SA, 623 F.3d 1229 n. 3 (8 th Cir. 2010); Ashcroft v. Iqbal, 556 U.S. 662,...
MEMORANDUM AND ORDER JOHN A. ROSS, District Judge. This matter is before the Court on Defendant Sizewise Rentals' Motion to Compel a Rule 35 Examination of Plaintiff (Doc. 26). Plaintiff responded (Doc. 31) and Defendant replied (Doc. 32). On December 5, 2014, the Court held a telephone conference with counsel ( See Doc. 30). During the call, the Court encouraged the Parties to discuss the matter further and attempt to come to a resolution. However, on December 12, 2014, Plaintiff filed a...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG, District Judge. This asbestos-related personal injury action is before the Court on Plaintiffs' motion for leave to conduct jurisdictional discovery and for an extension of time to respond to Defendants Akzo Nobel Paints LLC's ("Akzo") motion to dismiss Plaintiffs' complaint or in the alternative to transfer. Akzo asserts in its motion to dismiss, filed on November 24, 2014, that it does not have sufficient ties to the State of Missouri to subject it...
MEMORANDUM AND ORDER RONNIE L. WHITE, District Judge. This matter is before the Court on Plaintiff's Motion to Remand (ECF No. 17). Also pending are Defendant Zebulan Boomgaarden's Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (ECF No. 7); Defendant Family Dollar Stores of Missouri, Inc.'s Motion to Dismiss and Substitute Defendants (ECF No. 10); and Defendants' Motion to Stay Action and Compel Arbitration (ECF No. 15). The motions are fully briefed and ready for...
MEMORANDUM AND ORDER JOHN A. ROSS, District Judge. This matter is before the Court on Plaintiff Jacob Pelts' ("Pelts") Motion to Remand (Doc. 9). The motion is fully briefed and ready for disposition. For the following reasons, the motion will be DENIED. I. Relevant Procedural Background On February 28, 2014, Plaintiff filed a Petition for Property Release (hereinafter "Original Petition") in the Associate Circuit Court in St. Charles against Defendants D&L Towing, Inc.'s ("D&L") and the...
MEMORANDUM AND ORDER JOHN A. ROSS, District Judge. This matter is before the Court on Defendants City of St. Peters, Missouri ("St. Peters"), Jeff Finkelstein ("Finkelstein"), and Jeff Hutsler's ("Hutsler") (collectively "Defendants") Joint Motion to Dismiss or, in the Alternative, Motion for More Definite Statement (ECF No. 33). The motion is fully briefed and ready for disposition. For the following reasons, Defendants' Motion will be DENIED. I. Standard of Review In ruling on a motion...
OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY , District Judge . This matter is before the Court on Plaintiff's Motion for Voluntary Dismissal, for lack of subject matter jurisdiction, pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, [Doc. No. 39]. 1 Defendants oppose the Motion. For the reasons set forth below, the Motion is denied. Background Plaintiff Debra Flynn ("Plaintiff") brings this action under the Employment Retirement Income Security Act ("ERISA"),...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG, District Judge. This matter is before the Court on the motion of Plaintiff Select Rehabilitation, Inc. ("Select") for summary judgment on Counts I and II of Plaintiff's complaint 1 . For the reasons set forth below, the motion shall be granted. BACKGROUND Select brought this diversity action against Defendants Benchmark Healthcare of Harrisonville, LLC; Harrisonville Healthcare, LLC; Benchmark Healthcare of Lee's Summit, LLC; Benchmark Healthcare...
MEMORANDUM AND ORDER JOHN A. ROSS, District Judge. This matter is before the Court on Petitioner's Motion to Amend 2255 (Doc. 15). Petitioner requests the Court consider the cases of United States v. Davison, 761 F.3d 683 (7th Cir. 2014) and United States v. Miller, 738 F.3d 361 (D.C. Cir. 2013). Petitioner's motion appears to also be his "amendment." As an amendment would replace Petitioner's original motion, the Court will instead construe this short motion as one to supplement....
MEMORANDUM AND ORDER RONNIE L. WHITE, District Judge. This matter is before the Court on the Notice of Appeal by Sharhonda T. Shahid (hereinafter "Shahid") (ECF No. 1), under 28 U.S.C. 158(a)(3) from the Bankruptcy Court's Order granting summary judgment in favor of FNBN 1, LLC ("FNBN") and Amy Quintero ("Quintero") (Case No. 12-4006, ECF No. 88). In addition, Shahid has filed a Motion to Stay Pending Appeal (ECF Nos. 8-9) and Motion for Oral Argument (ECF No. 10). The Court enters Judgment...
MEMORANDUM AND ORDER JOHN A. ROSS, District Judge. This miscellaneous matter is before the Court on Defendant/Third-Party Plaintiff Morgan Keegan & Company, Inc. (Morgan Keegan)'s Motion to Compel Production from Cunningham, Vogel and Rost, P.C. (CVR) and for Sanctions. (Doc. No. 15) CVR withheld a number of documents from production based on attorney-client privilege and the work product doctrine. Given the sheer volume of documents involved and the parties' inability to resolve their...
