MEMORANDUM OPINION NEAL B. BIGGERS, JR. , District Judge . Came on to be considered this day the appeal of a ruling of the United States Bankruptcy Court for the Northern District of Mississippi filed by GE Capital Small Business Finance Corporation ("GE Capital"). Upon due consideration and having been fully advised in the premises, the court is ready to rule. Factual and Procedural Background This appeal arises from the bankruptcy court's March 6, 2012 order denying approval of a...
MEMORANDUM OPINION NEAL B. BIGGERS, JR. , District Judge . Came on to be considered this day the appeal of a ruling of the United States Bankruptcy Court for the Northern District of Mississippi filed by GE Capital Small Business Finance Corporation ("GE Capital"). Upon due consideration and having been fully advised in the premises, the court is ready to rule. Factual and Procedural Background This appeal arises from the bankruptcy court's March 6, 2012 order denying approval of a...
AGREED ORDER OF DISMISSAL SHARION AYCOCK, District Judge. THIS CAUSE having come before the Court on the joint ore tenus motion of Plaintiff, Grace Ivy and Wal-Mart Stores East, LP, and the Court being advised that these parties have compromised and settled their claims herein, and they desire the Court to dismiss said claims with prejudice, this Court is of the opinion that the motion is well-taken and should be granted. IT IS THEREFORE, ORDERED AND ADJUDGED that all claims and the...
ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT DEBRA M. BROWN, District Judge. This False Claims Act and unlawful retaliation action is brought by Kelly Nicole Wuestenhoefer ("Relator") on behalf of herself and the United States. Doc. #29. Relator alleges that her former employer, Defendant South Delta Regional Housing Authority ("SDRHA"), its Board of Commissioners, and various other persons and entities, engaged in "wrongful, fraudulent and illegal conduct" with regard to...
Order Extending Plaintiff's Deadline To Respond To Defendant's Motion [12] for Summary Judgment JANE M. VIRDEN, Magistrate Judge. Before the court is defendant's motion [12] to dismiss. Because the defendant has submitted materials outside the pleadings, the court may convert the motion to a motion for summary judgment. The plaintiff would normally have fourteen (14) days after service of defendant's motion to submit a response. However, because the plaintiff is proceeding without the...
MEMORANDUM OPINION AND ORDER DEBRA M. BROWN, District Judge. This is a breach of contract action arising from the termination of an agency relationship between Plaintiff Dugan Calvin Russell and Defendants Allianz Life Insurance Company of North America, LTCAmerica Insurance Company, and Life Insurance USA Company. Before the Court is the motion for summary judgment of the defendants (collectively, "Allianz"), made pursuant to Rule 56 of the Federal Rules of Civil Procedure. Doc. #111....
MEMORANDUM OPINION AND ORDER DEBRA M. BROWN, District Judge. Petitioner, Terrance Graham, is proceeding pro se on a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241. A pretrial detainee currently confined at the Bolivar County Correctional Facility in Cleveland, Mississippi, Petitioner alleges that he has been in custody since September 28, 2011, and that he has yet to appear before a judge. Respondents have filed a motion to dismiss this action, asserting that Petitioner...
Order Extending Plaintiff's Deadline To Respond To Defendants' Motion [30] for Summary Judgment JANE M. VIRDEN, Magistrate Judge. Before the court is defendant's motion [30] for summary judgment. The plaintiff would normally have fourteen (14) days after service of defendant's motion to submit a response. However, because the plaintiff is proceeding without the assistance of counsel, the court holds that he should be allowed twenty-one (21) days from the date of this order to file his...
STIPULATED PROTECTIVE ORDER JANE M. VIRDEN, Magistrate Judge. This Stipulation of Confidentiality and Protective Order is submitted to the Court by Wal-Mart Stores East, LP, ("Defendant"), and Katie Carr, ("Plaintiff"), by and through their counsel, on the basis of the following facts: The parties agree that the discovery phase of the above-entitled action may include the disclosure of material which may be protected under the constitutional, statutory, or common law right to privacy....
MEMORANDUM OPINION JANE M. VIRDEN, Magistrate Judge. This matter is before the court on defendant's motion to dismiss plaintiff's state law claim(s) pursuant to Rule 12(b)(6). As explained below, the motion will be converted by the court to one for summary judgment, and for the reasons explained below, it will be granted. A. Facts and Procedural Status The plaintiff's complaint asserts a cause of action for violation of Title VII and a state common law claim for negligent infliction of...
ORDER JANE M. VIRDEN, Magistrate Judge. Pursuant to the Memorandum Opinion issued this day, Defendant's Motion to Dismiss for Failure to State a Claim [8], which this court converted to a motion for summary judgment, is GRANTED as to Plaintiff's state law claims, and said claims are hereby DISMISSED with prejudice. SO ORDERED.
MEMORANDUM OPINION AND ORDER DEBRA M. BROWN, District Judge. Plaintiff Angela Anderson filed this wrongful death lawsuit on behalf of herself and her deceased 22-year-old mentally ill daughter, Princess Anderson, for constitutional violations Princess Anderson allegedly suffered while detained at the Marshall County Jail and for inadequate medical treatment she allegedly received while hospitalized at Baptist Memorial Hospital in Desoto County, Mississippi. Defendants Marshall County,...
ORDER JANE M. VIRDEN, Magistrate Judge. This matter is before the court, sua sponte, to allow Plaintiffs additional time to serve the individual defendant in this case. The court previously entered a show cause order directing Plaintiffs to explain why service of process had not been effectuated on the individual defendant. In their response, Plaintiffs requested a period of thirty (30) days to complete service on said defendant. For the reasons articulated in the response and for good...
MEMORANDUM OPINION S. ALLAN ALEXANDER, Magistrate Judge. Plaintiff Rose new has filed under 42 U.S.C. 405(g) for judicial review of the decision of the Commissioner of Social Security denying her application for a period of disability (POD) and disability insurance benefits (DIB) under Title II of the of the Social Security Act. Plaintiff filed her application on August 25, 2009, alleging disability beginning June 10, 2005. Docket 20, pp. 118-121. The Commissioner denied her application...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. This cause comes before the Court on Plaintiff's Motion for Reconsideration [26], Defendant's Motion to Dismiss for Failure to State a Claim [29], and Plaintiff's Motion for Judgment [31]. Having duly considered the motions, responses, rules, and authorities, the Court finds as follows: FACTUAL AND PROCEDURAL BACKGROUND On June 18, 2008, Plaintiff Michael de Graffenried was employed as a truck driver by Defendant Smithway Motor Xpress, Inc....
MEMORANDUM OPINION S. ALLAN ALEXANDER, Magistrate Judge. Plaintiff Highlander Rx, Inc. ("Highlander") has moved for summary judgment on the sole issue of attorney's fees and prejudgment interest. Docket 30, 31. The parties have consented to have a United States Magistrate Judge conduct all proceedings in this case as provided by 28 U.S.C. 636(c) and FED. R. CIV. P. 73. After reviewing the Motion, Response (Docket and Reply, the attached exhibits and briefs, and the supporting and opposing...
MEMORANDUM OPINION AND ORDER SHARION AYCOCK, District Judge. Petitioner Robert Simon, Jr., a death-row inmate in the custody of the Mississippi Department of Corrections, has filed a petition, as amended, for writ of habeas corpus pursuant to 28 U.S.C. 2254 challenging his competence to be executed under the standards as set forth in Ford v. Wainwright, 477 U.S. 399 (1986) and Panetti v. Quarterman, 551 U.S. 930 (2007). Having held an evidentiary hearing in this cause where the Court...
ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SHARION AYCOCK, Chief District Judge. This matter comes before the court on the petition [1] by Kenneth Dewayne Pinkston for a writ of habeas corpus under 28 U.S.C. 2241. On September 13, 2012, the defendant, Kenneth Dewayne Pinkston, was sentenced by the Honorable Henry T. Wingate, United States District Judge in the Southern District of Mississippi, to 78 months imprisonment following...
MEMORANDUM OPINION AND ORDER SHARION AYCOCK, Chief District Judge. This matter comes before the Court on the pro se petition of Doug M. Caroll, Mississippi prisoner no. L3714, for a writ of habeas corpus pursuant 28 U.S.C. 2254. Respondents have moved to dismiss the petition as untimely pursuant to 28 U.S.C. 2244, and Petitioner has filed a response thereto The matter is now ripe for resolution. For the reasons set forth below, Respondents' motion is granted, and the instant petition...
MEMORANDUM OPINION SHARION AYCOCK , District Judge . Plaintiff Fort Wiseman brings this action alleging retaliatory termination under the Family Medical Leave Act ("FMLA") and race discrimination under 42 U.S.C. 1981. Defendant New Breed Logistics, Inc. ("New Breed") has filed a Motion for Summary Judgment [56], arguing both claims should be dismissed, or that alternately, Wiseman's potential recovery on those claims should be limited under the after-acquired evidence doctrine. After...
