REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH , Magistrate Judge . The Defendants, by consent, have appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and have each entered a plea of guilty to the Information filed on December 29, 2017. After cautioning and examining the Defendants under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty pleas were knowledgeable and voluntary, and that the...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to Count One contained in the Indictment filed on September 27, 2016. 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...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY JOHN T. MAUGHMER , Magistrate Judge . The Defendant appeared before me pursuant to Fed.R.Crim.P. 11, Local Rule 72(j)(26), and 28 U.S.C. 636 and entered a plea of guilty pursuant to a binding plea agreement as to Count(s) One of the Indictment. I determined that the guilty plea is knowledgeable and voluntary and that the offense charged is supported by an independent basis in fact containing each of the essential elements of such...
REPORT AND RECOMMENDATION ON DEFENDANT'S COMPETENCY TO PROCEED MATT J. WHITWORTH , Magistrate Judge . On July 14, 2017, defendant Edward Merritt filed a motion for judicial determination of his competency pursuant to 18 U.S.C. 4241 (doc. 8). On July 17, 2017, an order was entered by the Honorable Judge Robert E. Larsen, granting Defendant's motion and ordering that Defendant undergo an examination by qualified psychiatrist or psychologist to determine if Defendant is presently suffering...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered pleas of guilty to Counts 1, 2, 3 and 4 contained in the Indictment filed on July 11, 2017. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty pleas were knowledgeable and voluntary,...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to Count One contained in the Second Superseding Indictment filed on January 17, 2017. 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...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to the Count Five contained in the Indictment filed on May 1, 2017. 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...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to the Count One contained in the Indictment filed on July 19, 2016. 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...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to the sole count contained in the Indictment filed on November 14, 2017. 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...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH , Magistrate Judge . The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to Count One contained in the Indictment filed on February 14, 2017. 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...
ORDER NANETTE K. LAUGHREY , District Judge . This case is before the Court on Defendants Bruce Cole and Nanette Cole's Motion for Withdrawal of the Reference Pursuant to 28 U.S.C. 157(d). Doc. 1. The United States Bankruptcy Judge has filed a Report and Recommendation, Doc. 6, which the Coles move to strike, Doc. 9, and to which they have also filed objections, Doc. 10. The underlying case at issue is an adversary proceeding filed by the Trustee in May 2012 in the U.S. Bankruptcy Court...
ORDER BETH PHILLIPS , District Judge . This matter comes before the Court on Defendant Ford Motor Company's, ("Ford"), Motion to Dismiss. (Doc. 16.) Ford argues that certain aspects of Plaintiff's claims should be dismissed because she lacks standing to assert them. In addition, Ford argues that Counts II and III should be dismissed for failure to state a claim. For the following reasons, Ford's Motion is DENIED. I. BACKGROUND The Complaint alleges the following facts, all of which...
ORDER NANETTE K. LAUGHREY , District Judge . Defendant Logboat Brewing Company moves to dismiss Count V of the Amended Complaint for failure to state a claim. Doc. 39. Plaintiff Shipyard Brewing Company, LLC opposes the motion, but asks in the alternative for leave to amend. For the reasons discussed below, Logboat's motion to dismiss Count V is granted in part, and Shipyard is granted seven days from the date of this Order in which to file an amended Count V. I. Background Shipyard...
ORDER NANETTE K. LAUGHREY , District Judge . Defendants Camden County Commission and Commissioners Greg Hasty, Beverly Thomas, and Don Williams move to dismiss Counts II and III of the First Amended Petition. Doc. 90. Plaintiff Peterson moves for leave to file a Second Amended Petition. Docs. 101 and 101-1. The motion to dismiss is granted. The motion for leave to amend is denied. I. Background As relevant to Counts II and III, Peterson alleges in the First Amended Petition that the...
ORDER NANETTE K. LAUGHREY , District Judge . Following a bench trial held on September 26, 2017, the Court entered a final Order and Judgment in favor of Plaintiff Radiant Capital on its breach of guaranty claim and request for costs of collection. Docs. 80 and 81 (dated October 10, 2017). Before the Court are Defendant Concannon's Motion to Amend Findings and Judgment under Fed. R. Civ. p. 52(b) and 59(e), Doc. 84, and Plaintiff Radiance Capital's Petition for Award of Attorneys' Fees and...
ORDER GRANTING MOTION TO DISMISS GREG KAYS , Chief District Judge . This lawsuit arises from allegations that Defendant Nationstar Mortage LLC ("Nationstar") and Defendant Field Asset Services, LLC ("FAS") unlawfully entered Plaintiff Blythe McDonnell's home and damaged it because Nationstar incorrectly believed she had defaulted on her mortgage and abandoned the property. Now before the Court is FAS's Motion to Dismiss Count I of Plaintiff's Petition (Doc. 38) and Plaintiff's Motion for...
ACCEPTANCE OF GUILTY PLEA AND ADJUDICATION OF GUILT GREG KAYS , District Judge . Pursuant to the Report and Recommendation of United States Magistrate Judge Robert E. Larsen (Doc. 26), Defendant's plea of guilty to Count One of the Superseding Information is now accepted and the Defendant is adjudged guilty of such offense. Sentencing will be set by subsequent order of the Court. IT IS SO ORDERED.
ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS GREG KAYS , District Judge . Pending before the Court are Defendant's Motion to Suppress Evidence (Doc. 39), the Government's Response in Opposition (Doc. 43) and United States Magistrate Judge Matt Whitworth's Report and Recommendation (Doc. 49). After reviewing the report and conducting an independent review of the applicable law and record, see L.R. 74.1(a)(3), the Court ADOPTS the Report and Recommendation (Doc. 49) and DENIES Defendant'...
ACCEPTANCE OF GUILTY PLEA AND ADJUDICATION OF GUILT GREG KAYS , Chief District Judge . Pursuant to the Report and Recommendation of United States Magistrate Judge Robert E. Larsen (Doc. 23), the plea of guilty by the Defendant to Count One of the Indictment, is now accepted and the Defendant is adjudged guilty of such offenses. Sentencing will be set by subsequent order of the Court. IT IS SO ORDERED.
REPORT AND RECOMMENDATION TO ACCEPT DEFENDANT'S GUILTY PLEA ROBERT E. LARSEN , Magistrate Judge . I held a change-of-plea hearing after this case was referred to me by United States District Court Judge Greg Kays. I find that Defendant's plea is voluntary and therefore recommend that it be accepted. I. BACKGROUND On February 21, 2017, an Indictment was returned charging Defendant with one count of being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1) and 924(...
