ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ROBERT E. LARSEN, United States Magistrate Judge. Plaintiff Donald Marques seeks review of the final decision of the Commissioner of Social Security denying plaintiffs application for disability benefits under Title II of the Social Security Act ("the Act"). Plaintiff argues that (1) the ALJ failed to give proper weight to the opinions of Dr. Farrow and Dr. Bhargava, (2) the ALJ improperly formulated plaintiffs residual functional...
ORDER FERNANDO J. GAITAN, JR., Chief Judge. Pending before the Court are (1) Defendant JP's Motion for Summary Judgment (Doc. No. 100); and (2) Plaintiff's Motion for Partial Summary Judgment (Doc. No. 98). Both will be considered below. As an initial matter, the parties' requests for oral argument will be denied. I. Background In order to assist in the prevention of identity theft as well as credit card and debit card fraud, the Fair and Accurate Credit Transactions Act, 15 U.S.C. 1681...
AMENDED ORDER RICHARD E. DORR, District Judge. Pending before the Court is Defendant Scott A. Johnson's Motion for Acquittal Notwithstanding the Verdict and/or Motion for a New Trial with Suggestions in Support Thereof (Doc. 93). On December 16, 2009, a jury convicted Mr. Johnson of eight counts of attempted sexual exploitation of a minor in violation of 18 U.S.C. 2251(a) and (e). 2251(a) criminalizes persuading a "minor to engage in sexually explicit conduct for the purpose of producing...
ORDER AND OPINION GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS ORTRIE D. SMITH, District Judge. Pending is a motion to dismiss filed by: • Monitor Clipper Partners, LLC ("Clipper") • Monitor Clipper Equity Partners II, LP ("Fund II") • RPG Investment Holdings, LLC ("RPG Holdings") • Adam Doctoroff • Charles Yoon • William Young • Mark Thomas Collectively, these defendants will be referred to as "the Clipper Defendants." The motion seeks dismissal for a variety...
ORDER GREG KAYS, District Judge. This is a putative class action regarding alleged violations of the Driver's Privacy Protection Act ("DPPA"), 18 U.S.C. 2721-25. Now pending before the Court are Defendants' Motions to dismiss and Suggestions in Support, Plaintiffs' consolidated response and Defendants' Replies. Docs. 38-45, 55-57, 61-63, 66. Defendants seek dismissal for lack of standing and failure to state a claim. For the reasons discussed below, Defendants' Motions are GRANTED IN PART...
ORDER NANETTE K. LAUGHREY, District Judge. Following a May 2008 helicopter crash in Camden County, Missouri, Plaintiffs Shannon West, Cynthia Wright, and Anna Catherine Bierman ("Plaintiffs") brought Missouri state-law tort claims against Defendants A & S Helicopters, Helicopter Technology Company, Limited Partnership, and MD Helicopters, Inc. ("MD Helicopters"), in the Circuit Court of Camden County. Mr. West and Ms. Wright sued MD Helicopters for the wrongful death of their son, Zachary...
ORDER FERNANDO J. GAITAN, JR., Chief Judge. Pending before the Court are (1) Plaintiff's Motion for Summary Judgment (Doc. No. 183); (2) Defendants Koster, Nixon and Replogle's Motion for Partial Summary Judgment (Doc. No. 185); and (3) Defendants' Motion for Leave to File Amended Answer (Doc. No. 265). All will be considered below. I. Background Plaintiff's action is a Section 1983 claim, seeking equitable relief. The counts pending against Defendants Koster, Nixon and Replogle are Counts...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT IN FAVOR OF PLAINTIFF ORTRIE D. SMITH, District Judge. The Government instituted this action pursuant to IRC 7408, which permits the United States to seek an injunction to prevent individuals from engaging in certain conduct that is otherwise subject to a penalty. A bench trial was held in late June and early July of this year. The Court finds in favor of the Government. I. PROLOGUE Separating the factual findings and the legal...
ORDER NANETTE K. LAUGHREY, District Judge. Plaintiffs Todd Janson, Gerald T. Ardrey, Chad M. Ferrell, and C & J Remodeling LLC allege that Defendant LegalZoom is liable to them because it sold them legal documents via its website. Plaintiffs filed this putative class action in state court in Cole County, Missouri. LegalZoom removed the action to this Court. Before the Court is LegalZoom's Motion to reconsider the Court's ruling on its motion to dismiss for improper venue or, in the...
ORDER FERNANDO J. GAITAN, JR., Chief Judge. Pending before the Court is defendant Glass Onion, Inc.'s ("GOI") Motion for Summary Judgment (Doc. No. 69) and plaintiff Gary L. Teter, Jr.'s Motion for Partial Summary Judgment (Doc. No. 70). I. BACKGROUND Teter is a renowned artist that paints fine art depicting historic scenes of American frontier life, and sells his work at selected art galleries. In January 2007, Brad and Diana Walpole, owners of Glass Onion, Inc. ("GOI"), entered...
ORDER SCOTT O. WRIGHT, Senior District Judge. Before the Court are plaintiff Michael Downey's Motion for Summary Judgment (Doc. # 19) and defendant Hartford Life Group Insurance Company's Motion for Summary Judgment (Doc. # 17), as well as corresponding Suggestions in Opposition and Replies. I. Background Plaintiff Michael Downey brought this action against defendant Hartford Life Group Insurance Company ("Hartford") pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"...
ORDER GARY A. FENNER, District Judge. Presently before the Court is Defendant The Hartford Life and Accident Insurance Co.'s ("Defendant") Motion for Judgment on the Administrative Record (Doc. # 14) requesting the Court enter judgment on the administrative record on Plaintiff Dennis Hobbs's ("Plaintiff") Complaint. See Doc. # 1. Additionally, before the Court is Plaintiffs Cross-Motion for Summary Judgment (Doc. # 25) requesting the Court: (1) find that the administrative determination...
ORDER RICHARD E. DORR, District Judge. Pending before the Court is a Motion to Stay Discovery by Defendants Glenn Triveline, Laura Foster, Michael Spinella, Todd Hamilton, and Jack Barnhart (the "individual defendants") (Doc. 30). For the reasons discussed below, the Motion to Stay is DENIED in part (Doc. 30). BACKGROUND This case arises out of the arrest of a Samoan diplomat. Plaintiff Hans Joachim Keil ("Plaintiff") was arrested and accused of being an illegal alien. Prior to his...
ORDER REGARDING DEFENDANT'S DISCOVERY REQUESTS ORTRIE D. SMITH, District Judge. This is a collective action brought under the Fair Labor Standards Act ("FLSA"). Plaintiffs generally allege their duties involved some facet of customer assistance, and Defendant required them to be logged into the phone and computer systems and ready to take calls at the beginning of their shift. This required them to begin the process of logging into the systems before their shift began; these efforts...
