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 December 12, 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 Counts One and Two contained in the Superseding Information filed on December 18, 2018. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty pleas were...
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 Counts One and Two contained in the Indictment filed on May 1, 2018. 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 MATT J. WHITWORTH , Magistrate Judge . The defendant, by consent, appeared before the undersigned on December 11, 2019, and pursuant to Rule 11 of the Federal Rules of Criminal Procedure, Local Rule 72(c)(1)(j), and 28 U.S.C. 636, has entered a plea of guilty to the two counts charged in the Information. Defendant has entered a plea of guilty to Count One: Obstruction of Justice; and Count Two: False Statements to a Federal Officer....
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 Information and the Forfeiture Allegation filed on December 12, 2018. 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,...
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 Counts One, Two and Three and admitted to the Forfeiture Allegation contained in the Indictment filed on March 27, 2018. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined 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 Counts One and Two of the Superseding Indictment filed on February 21, 2018. 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...
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 to Count(s) Four 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 offense. A record was made of the...
ORDER NANETTE K. LAUGHREY , District Judge . Defendant Alec Pagoria moves for a more definite statement and to strike the complaint by plaintiffs Ibrahima Diallo and Chelsea Shepard. The motion is denied for the reasons set forth below. I. BACKGROUND Plaintiffs allege that, in April 2018, a vehicle driven by Pagoria collided with the vehicle in which they were traveling, leaving Plaintiffs with painful, progressive, and permanent injuries. Doc. 1. Pagoria was allegedly arrested at the...
ORDER AND OPINION REVERSING COMMISSIONER'S FINAL DECISION DENYING BENEFITS AND REMANDING FOR FURTHER PROCEEDINGS ORTRIE D. SMITH , Senior District Judge . Pending is Plaintiff's appeal of the Commissioner of Social Security's final decision denying his application for supplemental security income. As set forth below, the Commissioner's decision is reversed and remanded for further proceedings. (1) The record establishes Plaintiff has a history of substance and alcohol use. As set forth...
ORDER WILLIE J. EPPS, Jr. , Magistrate Judge . Pending before the Court is Plaintiff's Motion to Strike Defendant's Retained Expert Designation and Report (Doc. 125) and suggestions in support thereof (Doc. 126). Defendant has filed suggestions in opposition (Doc. 132) and a reply brief was not filed. The motion to strike is now ripe for consideration and for the reasons that follow, Plaintiff's motion is denied as set forth below. DISCUSSION Plaintiff's motion to strike argues that...
ORDER WILLIE J. EPPS, Jr. , Magistrate Judge . Pending before the Court is Plaintiff's Motion to Strike Defendant's Non-Retained Experts (Doc. 120) and suggestions in support thereof (Doc. 121). Defendant has filed suggestions in opposition (Doc. 131) and a reply brief was not filed. The motion is now ripe for consideration. For the reasons that follow, Plaintiff's motion is denied as set forth below. DISCUSSION Plaintiff's motion to strike argues that Defendant's initial disclosures...
ORDER ROSEANN A. KETCHMARK , District Judge . Before the Court is Plaintiff's appeal brought under 42 U.S.C. 405(g) seeking review of Defendant Social Security Administration's ("SSA") denial of disability benefits as rendered in a decision by an Administrative Law Judge ("ALJ"). For the reasons below, the decision of the ALJ is AFFIRMED. Standard of Review The Court's review of the ALJ's decision to deny disability benefits is limited to determining if the decision "complies with...
ORDER ROSEANN A. KETCHMARK , District Judge . Before the Court is Plaintiff's appeal brought under 42 U.S.C. 405(g) seeking review of Defendant Commissioner of Social Security Administration's ("SSA's") denial of disability benefits as rendered in a decision by an Administrative Law Judge ("ALJ"). For the reasons below, the decision of the ALJ is AFFIRMED. Standard of Review The Court's review of the ALJ's decision to deny disability benefits is limited to determining if the...
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION ROSEANN A. KETCHMARK , District Judge . Before the Court is Defendant Luis Alfredo Villegas-Rosa's three motions to dismiss. (Docs. 151, 152 and 153.) On October 15, 2018, United States Magistrate Judge John T. Maughmer issued the Report and Recommendation ("R&R"). (Doc. 190.) Defendant filed objections to the R&R as to its ruling on two of his motions (Docs. 195, 196), and the Government filed a response to Defendant's objections (Doc....
ORDER STEPHEN R. BOUGH , District Judge . Before the Court is Motion to Dismiss Count I of Second Amended Complaint for Lack of Subject Matter Jurisdiction or, in the Alternative, for Partial Summary Judgment. (Doc. #186). The motion is GRANTED. Plaintiffs' Administrative Procedure Act claim in Count I of the Second Amended Complaint is dismissed. I. Factual Background Defendants United States of America ("United States") and the United States Department of Treasury, Internal Revenue...
ORDER STEPHEN R. BOUGH , District Judge . Before this Court is Defendant General Motors Company's Motion to Dismiss Plaintiffs' Amended Complaint. (Doc. #105). For reasons discussed below, the motion is denied. I. Background Plaintiffs allege the following in their Amended Class Action Complaint. (Doc. #102). Defendant issued securities instruments called Series A Warrants ("warrants"), which holders could exercise to acquire General Motors Company common stock. Plaintiffs were...
ORDER NANETTE K. LAUGHREY , District Judge . Plaintiff Grady L. Robinson seeks review of the decision by Defendant denying his claim under Title II of the Social Security Act for disability insurance benefits. For the reasons set forth below, the Court affirms the ALJ's decision. I. BACKGROUND In September 2014, Robinson filed an application for disability insurance benefits on the basis of coronary artery disease, diabetes, post-traumatic stress disorder, hypertension, neuropathy,...
ORDER NANETTE K. LAUGHREY , District Judge . Pending before the Court is defendant Missouri Department of Mental Health's motion to dismiss, Doc. 10. For the following reasons, the Department's motion is granted. I. Introduction Plaintiff Myron Hubbard worked as a psychiatric nurse for the Missouri Department of Mental Health until he was denied leave and constructively discharged in 2008. Mr. Hubbard brought Title VII discrimination and Family Medical Leave Act claims against the...
ORDER NANETTE K. LAUGHREY , District Judge . Pending before the Court is Plaintiff Bob Mantlo's motion to remand, Doc. 14. For the following reasons, Mantlo's motion to remand is granted. I. Introduction After his termination of employment with the Missouri School Boards Association, Mantlo filed suit in state court, alleging that the Association violated the Missouri Human Rights Act (MHRA), Rev. Mo. Stat. 213.010, et. seq., by discriminating against him because of his disability...
