ORDER SETTING SENTENCING GLEN H. DAVIDSON , District Judge . Pursuant to the change of plea held December 21, 2015, and the Defendant's adjudication of guilt, IT IS HEREBY ORDERED that, 1. The sentencing hearing in this matter is set Friday, April 22, 2016, at 10:00 a.m., Courtroom No. 1, OXFORD, Mississippi. 2. The United States Probation Office shall conduct a presentence investigation and prepare a presentence report. Fed. R. Crim. P. 32(c) and (d), 18 U.S.C. 3552(a), and U.S.S.G....
ORDER SETTING SENTENCING GLEN H. DAVIDSON , Senior District Judge . Pursuant to the change of plea held December 17, 2015, and the Defendant's adjudication of guilt, IT IS HEREBY ORDERED that, 1. The sentencing hearing in this matter is set Friday, April 22, 2016, at 10:00 a.m., Courtroom No. 1, OXFORD, Mississippi. 2. The United States Probation Office shall conduct a presentence investigation and prepare a presentence report. Fed. R. Crim. P. 32(c) and (d), 18 U.S.C. 3552(a), and U....
ORDER DISMISSING ACTION BY REASON OF SETTLEMENT GLEN H. DAVIDSON , Senior District Judge . The court has been advised by counsel that this action has been settled, or is in the process of being settled. Therefore, it is not necessary that the action remain upon the calendar of the court. It is ORDERED that the action is DISMISSED without prejudice. The court retains complete jurisdiction to vacate this order and to reopen the action upon cause shown that settlement has not been completed...
ORDER DISMISSING ACTION BY REASON OF SETTLEMENT GLEN H. DAVIDSON , Senior District Judge . The court has been advised by counsel that this action has been settled, or is in the process of being settled. Therefore, it is not necessary that the action remain upon the calendar of the court. It is ORDERED that the action is DISMISSED without prejudice. The court retains complete jurisdiction to vacate this order and to reopen the action upon cause shown that settlement has not been completed...
MEMORANDUM OPINION SHARION AYCOCK , District Judge . Plaintiff filed this suit against Lanx, Inc., for negligence, products liability for design defect, products liability for manufacturing defect, breach of express and implied warranties, fraudulent concealment, and negligent misrepresentation. Defendant filed a Motion for Summary Judgment [94] that no genuine disputes of material fact exist as to those claims. After reviewing the record, motion, response, rules, and authorities, the...
ORDER DEBRA M. BROWN , District Judge . This Clean Air Act action is before the Court on Defendant Gary C. Rikard's motion to dismiss for lack of jurisdiction. Doc. #95. For the reasons below, the motion to dismiss will be granted. I Relevant Procedural History Of relevance to this order, 1 on September 29, 2014, Plaintiffs 16 Front Street LLC and C. Richard Cotton filed their original complaint against Defendant Mississippi Silicon ("MS Silicon"), alleging federal question...
MEMORANDUM OPINION Sharion Aycock , UNITED STATES DISTRICT JUDGE . Plaintiff Hurley filed her Complaint [1] in this Court on September 26, 2014 pursuant to 42 U.S.C. 1983, alleging that she was discriminated against by her employer, the Tupelo Public School District (TPSD), because she is gay. Specifically, Plaintiff alleges that because of her sexual orientation, her pay was cut, she was not considered for open positions in the District, and the Defendants created and subjected her to a...
ORDER GRANTING ATTORNEY'S FEES DEBRA M. BROWN , District Judge . Before the Court is Plaintiffs' petition for attorney's fees. Doc. #87. For the reasons below, the petition is granted. I Procedural History On October 7, 2015, this Court issued a Memorandum Opinion and Order granting in part and denying in part Plaintiffs' motion for sanctions, among other things. Doc. #84 at 47. In the order, the Court directed that "Defendants shall pay Plaintiffs their reasonable attorney's fees and...
ORDER DAVID A. SANDERS , Magistrate Judge . Presently before the Court are the motions to dismiss [16, 18] of Saltillo High School ("SHS") and Lee County School District ("LCSD"). The Court has considered the motions, responses, rules, and authorities, and finds as follows: I. Factual and Procedural Background Plaintiff Kaye Hamm and her minor daughter B.S. commenced this action to recover under 42 U.S.C. Section 1983 for an allegedly unreasonable search of B.S in violation of the...
OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT Debra M. Brown , UNITED STATES DISTRICT JUDGE . This is a First Amendment retaliation case in which Plaintiff Troy D. Brown alleges that he was wrongly discharged from his position as Director of the Greenwood Leflore Emergency Management Agency because of comments he made in two newspaper publications. Before the Court is the motion for summary judgment filed by Defendant Leflore County, Mississippi. Doc. # 43. For the reasons below,...
MEMORANDUM OPINION AND ORDER Debra M. Brown , UNITED STATES DISTRICT JUDGE . This employment discrimination case is brought by Tonya Loomis against her current employer, Starkville Mississippi Public School District. Doc. #1. Before the Court is the District's motion for summary judgment. Doc. #29. For the reasons that follow, summary judgment is granted in part and denied in part. I Summary Judgment Standard "Summary judgment is appropriate when there are no genuine issues as to any...
AGREED JUDGMENT OF DISMISSAL WITH PREJUDICE SHARION AYCOCK , District Judge . This cause having come before the Court on the unopposed motion of Plaintiff, American General Life Insurance Company ("AGLIC"), by and through counsel, to dismiss it with prejudice from this cause, and for other relief, including attorneys' fees, expenses and a permanent injunction, and the Court being advised, hereby finds as follows: 1. On February 6, 2015, AGLIC filed its Interpleader Complaint and Request...
ORDER DEBRA M. BROWN , District Judge . On July 28, 2015, Plaintiff Helena Chemical Company filed a complaint against Defendant Andrew Aylward d/b/a Brig Aylward Farms. Doc. #1. In its complaint, Plaintiff alleges that "[t]his Court has jurisdiction pursuant to 28 U.S.C. 1332 in that Plaintiff and all the Defendants are residents of different states and the amount in controversy exceeds $75,000 exclusive of interest and costs." Id. at 3. To this end, Plaintiff alleges that it "is a...
MEMORANDUM OPINION AND ORDER SHARION AYCOCK , District Judge . Plaintiff Russell Hardy, proceeding pro se and in forma pauperis, filed suit under 42 U.S.C. 1983 against Dr. James Burke, Dr. John Hochberg, and Dr. Thomas Lehman ("Defendants") 1 , alleging that they denied him adequate medical care while he was in the custody of the Mississippi Department of Corrections ("MDOC"). Defendants have moved for summary judgment under Federal Rule of Civil Procedure 56. Hardy has failed to...
MEMORANDUM OPINION NEAL B. BIGGERS, Jr. , Senior District Judge . Presently before the court is the plaintiff's motion to remand. Upon due consideration of the motion, response, exhibits, supporting and opposing authority, and being fully advised in the premises, the court is ready to rule. Factual and Procedural Background In June of 2001, Silver Dollar Sales, a Mississippi corporation, and River City Trader, Inc. ("RCT"), a Tennessee corporation, executed a consignment agreement which...
AGREED ORDER APPROVING JOINT MOTION FOR APPROVAL OF COLLECTIVE ACTION SETTLEMENT, AND DISMISSING CASE SHARION AYCOCK , District Judge . BEFORE THE COURT is the Joint Motion for Approval of Collective Action Settlement ("Joint Motion") submitted by the parties herein, and after having duly considered said Joint Motion the Court finds that said Joint Motion is well taken and should be granted in its entirety. It is, therefore, ORDERED AND ADJUDGED AS FOLLOWS: 1. Vector Transportation Co. (...
ORDER ON OBJECTION SHARION AYCOCK , District Judge . Plaintiff has filed an Objection to the Magistrate Judge's Order [68] denying his Motion to Compel. In particular, the Plaintiff requested that Lanx, Inc., be required to produce all 510(k) submissions to the FDA and all customer complaint records between 2007 and 2013. The Magistrate Judge, at a recorded hearing on the matter, held that the items requested were not relevant, and there was no bad faith or dishonesty casting doubt on the...
AGREED ORDER PARTIAL SATISFACTION OF JUDGMENT AGAINST DEFENDANT JOHN HOWARD STRICKLAND, JR. SHARION AYCOCK , District Judge . On March 10, 2015, a consent judgment was entered against Defendant John Howard Strickland, Jr. ("Defendant JR Strickland") in the amount of Eight Hundred Sixty-Three Thousand, Eight Hundred Fifty-Seven Dollars and 84/100ths ($863,857.84), which represented a settlement of $950,000 less $86,142.16 Defendant JR Strickland was ordered to pay in restitution. Pursuant...
ORDER DAVID A. SANDERS , Magistrate Judge . This matter is before the court on defendants' motion (#165), which seeks to disqualify Marvin Vining as counsel for plaintiffs. After considering the motion, the court finds as follows: Marvin Vining filed suit on behalf of Andrea Mihelic and Most Valuable Personnel, LLC on October 16 th , 2013 for claims allegedly arising out of defendants' mismanagement of MVP's workers compensation insurance policies. At the time this action was filed,...
ORDER DENYING MOTION TO COMPEL S. ALLAN ALEXANDER , Magistrate Judge . Defendant Caroline Mason seeks an order compelling plaintiff to supplement discovery responses and to admit requests for admissions, as well as for attorney's fees associated with filing the motion. Docket 52. Mason asserts that plaintiff's responses are "evasive, failed to admit what is requested, and/or incomplete." Docket 53, p. 2. Each of the discovery requests at issue is addressed below. Interrogatories 1 and 2:...
