ORDER BETH PHILLIPS , District Judge . On August 26, 2019, Defendant was ordered to undergo a competency evaluation. (Doc. 17.) Defendant was examined by Tiffany K. Smith, Psy.D., Forensic Psychologist. It is the opinion of Dr. Smith that Defendant is competent to proceed. (Doc. 25.) During a hearing held before United States Magistrate Judge John T. Maughmer on March 4, 2020, Defendant and the Government stipulated to Dr. Smith's report and no other evidence was offered. ( See Doc. 27.)...
REPORT AND RECOMMENDATION JOHN T. MAUGHMER , Magistrate Judge . On August 19, 2019, counsel for defendant filed a motion pursuant to 18 U.S.C. 4241 for a determination of the mental competency of the defendant to stand trial. That motion was granted and, prior to holding a hearing to determine the mental competency of the defendant, the Court entered its Order pursuant to 18 U.S.C. 4241(b) directing that a psychological or psychiatric examination of the defendant be conducted and that...
ORDER GRANTING SUMMARY JUDGMENT GREG KAYS , District Judge . This declaratory judgment action arises out of a deadly motor vehicle accident between Defendant Preston Moore ("Moore") and decedents Ryan and Laura Humphrey. Plaintiff Progressive Direct Insurance Company ("Progressive") seeks a declaration by this Court that Moore is not covered by the automobile insurance policy ("the policy"). Now before the Court is Progressive's motion for summary judgment. (Doc. 83). For the following...
ORDER NANETTE K. LAUGHREY , United States District Judge . Defendants Buchanan County, Missouri, Brian Gross, Jody Hovey, and Mike Strong (the "Buchanan County Defendants") move to dismiss Count I of the second amended complaint, which alleges wrongful death under Missouri law. Doc. 484. For the following reasons, the Court denies the Buchanan County Defendants' motion to dismiss. I. Factual Background Count I of the second amended complaint alleges that the Buchanan County Defendants...
ORDER DENYING MOTION TO REMAND GREG KAYS , District Judge . This lawsuit arises after Defendant Langley Recycling, Inc. ("Langley Recycling") and its owner, Defendant John Langley, fired Plaintiff. Plaintiff alleges Langley Recycling discriminated and retaliated against her, in violation of the Missouri Human Rights Act ("MHRA"), Mo. Rev. Stat. 213.010 et seq., and that Mr. Langley disseminated private sexual images of her without her consent, in violation of Mo. Rev. Stat. 573.110....
ORDER DENYING MOTION TO DISMISS GREG KAYS , District Judge . Pending before the Court is Defendant Donzell A. Jones's pro se motion to dismiss count two of indictmnet (Doc. 154) and U.S. Magistrate Judge John T. Maughmer's Report and Recommendation (Doc. 155). Defendant did not object to the Report and Recommendation, and the time for doing so has passed. See 28 U.S.C. 636(b)(1)(C); Local Rule 74.1(a)(2). After carefully reviewing the Magistrate's report and conducting an independent...
REPORT AND RECOMMENDATIONS JOHN T. MAUGHMER , Magistrate Judge . Pending before the Court is yet another pro se motion to dismiss filed by Defendant Donzell Jones, ("Jones"). In the instant motion, Jones asserts that the Court lacks jurisdiction in this case because his right to possess a firearm was restored under Missouri law prior to the current indictment charging him with being a felon in possession of a firearm. Inasmuch as Jones unsuccessfully has argued several times that his...
ORDER WILLIE J. EPPS, JR. , Magistrate Judge . Before this Court is Magistrate Judge Willie J. Epps, Jr.'s Report and Recommendation (Doc. #26) recommending that the Court deny Defendant Robert Ezell Goldman's Motion to Suppress Evidence (Doc. #17). Defendant filed his Objections to Report and Recommendation on March 17, 2020. (Doc. #39). After an independent review of the record, the applicable law, and the parties' arguments, the Court ADOPTS the Report and Recommendation (Doc. #26)....
ORDER AFFIRMING THE COMMISSIONER'S DECISION GREG KAYS , District Judge . This case arises from the Commissioner of Social Security's ("the Commissioner") denial of Plaintiff Judy Casteel's application for Social Security disability insurance benefits under Title II of the Social Security Act ("the Act"), 42 U.S.C. 401-434. The Administrative Law Judge ("ALJ") found Plaintiff had numerous severe physical impairments as well as severe mental disorders variously diagnosed as major...
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 Two contained in Indictment filed on August 23, 2019. 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 the...
ORDER AFFIRMING THE COMMISSIONER'S DECISION GREG KAYS , District Judge . This action seeks judicial review of the Acting Commissioner of Social Security's ("the Commissioner") decision denying Plaintiff Barbara Switzer's applications for Social Security disability insurance benefits under Title II of the Social Security Act ("the Act"), 42 U.S.C. 401-434, and Supplemental Security Income ("SSI") under Title XVI of the Act, 42 U.S.C. 1381-1383f. The Administrative Law Judge ("ALJ")...
ORDER NANETTE K. LAUGHREY , District Judge . Defendants Catalent Pharma Solutions, LLC & Catalent CTS (Kansas City) LLC (together, "Catalent" or "Defendants") move for summary judgment on all of the counts brought by plaintiffs Stuart Wright, Rayfield Hunt, Moses Ng'ang'a, Anthony Johnson, Arch Turner, and Stephen Wright. Docs. 17, 20. For the reasons discussed below, the motion for summary judgment is granted in part and denied in part. I. Uncontroverted Facts Each of the plaintiffs was...
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 Two contained in the Indictment filed on June 12, 2020. 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 Counts One and Two contained in the Superseding Indictment filed on May 8, 2019. 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...
ORDER ON PRELIMINARY LEGAL QUESTION OF FEDERAL PREEMPTION John T. Maughmer , United States Magistrate Judge . A. Litigation overview On December 11, 2014, plaintiff Max Ridings ("Ridings") and his wife initiated this product liability litigation by filing a petition in the Circuit Court of Jackson County, Missouri, alleging injuries arising from Ridings' use of the prescription drug Pradaxa as prescribed to him by his physician, Dr. Sanjaya Gupta ("Dr. Gupta"). Ridings' lawsuit asserted...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION IN LIMINE ORTRIE D. SMITH , Senior District Judge . Pending is Defendant's motion in limine. Doc. #95. As set forth below, Defendant's motion is granted in part and denied in part. The parties are reminded that these rulings are interlocutory. Thus, the denial of a request to bar evidence at this juncture preserves nothing for review, and the parties may re-assert their objections at trial if they deem it appropriate to do so....
ORDER LAJUANA M. COUNTS , Magistrate Judge . Pending before this Court is "Plaintiffs' Motion for Judgment as a Matter of Law or in the Alternative, for a New Trial, with Suggestions in Support Thereof." (Doc. #230.) For the reasons set forth below, Plaintiffs' motion is DENIED. I. Background After a two-day trial, the jury returned verdicts in favor of Defendants Larry and Carla Wiseman, finding that Plaintiffs did not prove that (1) the Defendants violated Plaintiffs' (Lori O'Malley...
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 of the Indictment filed on February 13, 2019. 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,...
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") 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 REVERSED and REMANDED for further proceedings consistent with this Order. Standard of Review The Court's review of the ALJ's decision to...
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") 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 REVERSED and REMANDED for further proceedings consistent with this Order. Standard of Review The Court's review of the ALJ's decision to...
