ORDER FERNANDO J. GAITAN, Jr., District Judge. Pending before the Court is Defendants' Motion to Exclude Dr. Thomas Horejes as an Expert Witness (Doc. No. 80). I. Background Plaintiff filed the pending action on June 11, 2013. Plaintiff and other putative class members are deaf or hard-of-hearing inmates in the custody of the Missouri Department of Corrections (MDOC). Defendants are (1) MDOC, (2) George Lombardi (Director, MDOC), (3) Ed Davis (Superintendent, Ozark Correctional Center), and...
ORDER GRANTING MOTION TO REMAND GREG KAYS, District Court. This lawsuit arises from Defendant Discover Bank's ("Discover") attempt to collect on a debt Plaintiff Thomas Steeby ("Steeby") alleges he already settled. Pending before the Court is Steeby's Motion to Remand (Doc. 12). Steeby argues Discover did not have a right to remove this case from state court because the state court's decision realigning the parties did not transform Discover from a plaintiff to a defendant for purposes of the...
ORDER AND OPINION AFFIRMING FINAL DECISION OF BANKRUPTCY COURT ORTRIE D. SMITH, Senior District Judge. This is an appeal from the Bankruptcy Court's 1 entry of summary judgment determining the validity and an amount of a legal claim against the Debtor, Try Us, LLC. Debtor and the Trustee of the bankruptcy estate appeal, contending the Bankruptcy Court lacked authority under Article III of the Constitution to render a decision. The Court disagrees, and affirms the Bankruptcy Court's decision....
MEMORANDUM AND ORDER HOWARD F. SACHS, District Judge. Plaintiff, Alfa Specialty Insurance Corporation, has filed a motion for summary judgment. Alfa commenced this action seeking a declaratory judgment that with respect to claims of negligent driving by a decedent, asserted in an underlying action, it is not required to provide coverage or indemnification to the late Daniel L. Brill 1 or coverage to claimant, Jeri Campbell, individually or as personal representative of James O. Blizzard, a...
OPINION AND ORDER DENYING PETITION FOR HABEAS CORPUS AND DENYING THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY BRIAN C. WIMES, District Judge. Petitioner, Elgin L. Castro, filed this pro se habeas corpus petition pursuant to 28 U.S.C. 2254 on August 19, 2011, seeking to challenge his 2007 conviction and sentence for first degree child molestation, which was entered in the Circuit Court of Jasper County, Missouri. The petition raises one ground for relief: that trial counsel was...
ORDER GARY A. FENNER, District Judge. Before the Court is the matter of defendant Emmanuel Robinson's final hearing on revocation of conditional release. Also before the Court is a motion for order (sealed) [doc. 120] filed by previous defense counsel, requesting that defendant be unconditionally released pursuant Title 18 U.S.C. 4243. On July 28, 2010, defendant received an indefinite civil commitment of person found not guilty by reason of insanity for felon in possession of a firearm and...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY MATT J. WHITWORTH, Magistrate Judge. Defendant Angel Pleciado-Cardenas, by consent, appeared before the undersigned on August 16, 2013, pursuant to Rule 11 of the Federal Rules of Criminal Procedure, Local Rule 72(c)(1)(j), and 28 U.S.C. 636, and has entered a plea of guilty to Counts One and Two of the Indictment filed on July 24, 2013. In addition, defendant does not contest the criminal forfeiture allegation contained in the Indictment....
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY MATT J. WHITWORTH, Magistrate Judge. Defendant Richard J. Kitchen, by consent, appeared before the undersigned on August 15, 2013, pursuant to Rule 11 of the Federal Rules of Criminal Procedure, Local Rule 72(c)(1)(j), and 28 U.S.C. 636, and has entered a plea of guilty to Counts One and Three of the Superseding Indictment filed on January 16, 2013. After cautioning and examining the defendant, under oath, in accordance with the...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY MATT J. WHITWORTH, Magistrate Judge. Defendant Terrance Duwaun Day, by consent, appeared before the undersigned on August 12, 2013, pursuant to Rule 11 of the Federal Rules of Criminal Procedure, Local Rule 72(c)(1)(j), and 28 U.S.C. 636, and has entered a plea of guilty to Count One of the Superseding Indictment filed on January 16, 2013. After cautioning and examining the defendant, under oath, in accordance with the requirements of...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY MATT J. WHITWORTH, Magistrate Judge. Defendant Henry L. Sumling, by consent, appeared before the undersigned on August 19, 2013, pursuant to Rule 11 of the Federal Rules of Criminal Procedure, Local Rule 72(c)(1)(j), and 28 U.S.C. 636, and has entered a plea of guilty to both Counts One and Two of the Information filed on August 19, 2013. After cautioning and examining the defendant, under oath, in accordance with the requirements of Rule...
ORDER MATT J. WHITWORTH, Magistrate Judge. Plaintiff Rhonda Gail Burchfield seeks judicial review, 1 of a final administrative decision denying her disability benefits under Title II of the Social Security Act, 42 U.S.C. 401 et seq. Section 205(g) of the Act, 42 U.S.C. 405(g), provides for judicial review of a final decision of the Commissioner of the Social Security Administration under Title II. The parties= briefs are fully submitted, and an oral argument was held on August 26,...
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ROBERT E. LARSEN, Magistrate Judge. Plaintiff Jeff Monsen seeks review of the final decision of the Commissioner of Social Security denying plaintiff's application for disability benefits under Title XVI the Social Security Act ("the Act"). Plaintiff argues that the ALJ erred in (1) finding that plaintiff does not meet Listing 12.04 for affective disorders because plaintiff has marked limitations in the areas of social functioning and...
ORDER DENYING MOTION FOR NEW TRIAL BASED ON NEWLY DISCOVERED EVIDENCE GREG KAYS, District Judge. On October 31, 2012, following a seven day trial, a jury found Defendants Mark Sorrentino ("Sorrentino") and Vincent F. Pisciotta ("Pisciotta") (collectively "Defendants") guilty of conspiracy to commit arson and mail fraud, arson, and using fire to commit a federal felony. Now before the Court is Sorrentino's Motion for New Trial Based on Newly Discovered Evidence (Doc. 201) which Pisciotta has...
ORDER MATT J. WHITWORTH, Magistrate Judge. On July 23, 2013, the parties filed a joint motion to vacate judgment. The parties assert they "have now discovered an additional liability insurance policy, of which neither the parties nor their attorneys were previously aware, that could bring the total liability insurance coverage applicable on one of the tortfeasor vehicles [the Wells truck] to $2,000,000." The parties request the judgment be vacated so the facts, as set forth in the order...
ORDER JOHN T. MAUGHMER, Magistrate Judge. On September 4, 2013, the Court heard oral argument on the Plaintiff=s Social Security Brief, filed February 22, 2013, [Doc. 8] and the Brief For Defendant, filed May 8, 2013, [Doc. 11]. After due consideration of the issues presented, and for the reasons set forth by the Court at the conclusion of the oral argument, it is ORDERED that the conclusion of the Commissioner is AFFIRMED.
MEMORANDUM AND ORDER DAVID P. RUSH, Magistrate Judge. An Administrative Law Judge ("ALJ") denied Social Security Disability Insurance Benefits and Supplemental Security Income to Plaintiff Kenneth L. Sinclair in a decision dated February 25, 2011 (Tr. 9-15). The Appeals Counsel denied review. Thus, the ALJ's decision became the Commissioner of Social Security's final decision denying Social Security Disability benefits. See 42 U.S.C. 405(g); 20 C.F.R. 404.981; 20 C.F.R. 416.1481. For...
ORDER AND OPINION REVERSING COMMISSIONER'S FINAL DECISION DENYING BENEFITS AND REMANDING FOR RECONSIDERATION ORTRIE D. SMITH, Senior District Judge. Pending is Plaintiff's appeal of the Commissioner of Social Security's final decision denying her application for disability benefits. The Commissioner's decision is reversed, and the case is remanded for reconsideration. Much of this case resolves around whether Plaintiff has been diagnosed as suffering from rheumatoid arthritis. The ALJ found...
ORDER JOHN T. MAUGHMER, Magistrate Judge. On September 4, 2013, the Court heard oral argument on the Plaintiff's Social Security Brief, filed November 29, 2012, [Doc. 8] and the Brief For Defendant, filed March 13, 2013, [Doc. 13]. After due consideration of the issues presented, and for the reasons set forth by the Court at the conclusion of the oral argument, it is ORDERED that the conclusion of the Commissioner is AFFIRMED.
MEMORANDUM AND ORDER DAVID P. RUSH, Magistrate Judge. An Administrative Law Judge ("ALJ") denied Supplemental Security Income to Plaintiff Charles Flick in a decision dated January 10, 2011 (Tr. 11-20). The Appeals Counsel denied review. Thus, the ALJ's decision became the Commissioner of Social Security's final decision denying Social Security Disability benefits. See 42 U.S.C. 405(g); 20 C.F.R. 416.1481. For the reasons set forth below, the decision of the Commissioner of Social...
ORDER SARAH W. HAYS, Magistrate Judge. Pending before the Court is Defendant's Motion to Dismiss and/or for Summary Judgment (doc #26). Specifically, defendant requests the dismissal of Count I (Violation of Americans With Disabilities Act) and Count IV (tort for Wrongful Termination in violation of public policy) and the entry of summary judgment on Count II (Violation of the Rehabilitation Act) and Count III (Retaliation Under the Rehabilitation Act) 1 . (Defendant's Motion to Dismiss and/...
