AGREED ORDER OF DISMISSAL, AND FINAL JUDGMENT GLEN H. DAVIDSON , District Judge . The Court being advised this matter has settled finds this case should be dismissed with prejudice, by agreement of the parties. Therefore, it is ordered that a Final Judgment is hereby entered dismissing all claims asserted by Timber Lake Foods, Inc. against England Logistics, Inc., with prejudice. It is further ordered that a Final Judgment is hereby entered dismissing all claims asserted by England...
MEMORANDUM OPINION DENYING DEFENDANT KOHN LAW GROUP, INC.'S MOTION TO REVISE AND REVERSE THE COURT'S MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR ENFORCEMENT OF PERMANENT INJUNCTION GLEN H. DAVIDSON , District Judge . Presently before the Court is the Defendant Kohn Law Group, Inc. ("Kohn Law Group")'s motion to revise and reverse [322] this Court's October 6, 2016 Order [320] and memorandum opinion [321] granting Plaintiff Auto Parts Manufacturing Mississippi, Inc. ("APMM")'s motion...
MEMORANDUM OPINION DENYING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE GLEN H. DAVIDSON , District Judge . In the case sub judice, the Government charges the Defendant Jason L. Moncrief (the "Defendant") with knowing possession of unregistered firearms, to include destructive devices, in violation of 26 U.S.C. 5861(d). See Indictment [12]. On August 26, 2016, the Defendant filed a motion to suppress evidence [25]. The Government filed a response. The Court subsequently held a hearing on...
ORDER GRANTING MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT INTERSTATE, LLC GLEN H. DAVIDSON , District Judge . Presently before the Court is Plaintiff's motion for default judgment [23] against Defendant Interstate, LLC. Upon due consideration of the motion, the Court is of the opinion that the motion should be granted and that default judgment should be entered against Defendant Interstate, LLC. On June 7, 2016, Plaintiff filed an amended complaint [13] against Defendant England...
ORDER DENYING MOTION TO SEAL DEBRA M. BROWN , District Judge . On December 21, 2016, the defendants filed a "Motion Seeking Authorization to File Summary Judgment Exhibits Under Seal for Limited Review by Court and Counsel." Doc. #48. The defendants seek to seal seven exhibits, Exhibits A-G, identified in their motion as six affidavits and a document entitled "YOUTH COURT FILE." Id. I Applicable Law Rule 79 of the Uniform Local Rules provides that no document may be filed under seal...
MEMORANDUM OPINION GRANTING MOTION FOR SUMMARY JUDGMENT, DISMISSING ALL CLAIMS, AND CLOSING CASE GLEN H. DAVIDSON , Senior District Judge . Presently before the Court are the following: a motion for summary judgment [46] filed by Municipal Defendant, 2 a motion for leave [49] to file excess pages filed by Municipal Defendant, a motion to strike [52] the reply to the motion for summary judgment filed by Plaintiff Tracy Young ("Plaintiff"), two motions in limine [58 & 59] filed by...
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT, DISMISSING ALL CLAIMS, AND CLOSING CASE GLEN H. DAVIDSON , Senior District Judge . Pursuant to an opinion issued this day, the Court ORDERS the following: (1) the motion for summary judgment [46] filed by Municipal Defendant is GRANTED in its entirety; (2) all claims against all Defendants are DISMISSED; (3) the following motions are DENIED AS MOOT: a. Municipal Defendant's motion for leave to file excess pages [49]; b. Plaintiff's...
ORDER SETTING SENTENCING GLEN H. DAVIDSON , Senior District Judge . Pursuant to the change of plea held November 23, 2016, and the Defendant's adjudication of guilt, IT IS HEREBY ORDERED that, 1. The sentencing hearing in this matter is set Monday, April 3, 2017, at 2:30 p.m., Courtroom No. 2, ABERDEEN, 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...
MEMORANDUM OPINION AND ORDER DEBRA M. BROWN , District Judge . This products liability action is before the Court on the motion to remand of Marcus Jaral Thompson. Doc. #14. Because one of the properly served and joined defendants in this action did not consent to removal, remand will be granted. I Procedural History On October 5, 2015, Marcus Jaral Thompson filed a complaint in the Circuit Court of Leflore County, Mississippi, against General Motors, LLC ("GM LLC"), and the Estate of...
MEMORANDUM OPINION AND ORDER DEBRA M. BROWN , District Judge . Based on an investigation prompted by an anonymous call, Johnny Lee Booker was indicted of the crime of possessing a firearm as a convicted felon. Seeking to suppress the gun on which his indictment is premised, Booker argues that law enforcement officers lacked reasonable suspicion to make a Terry stop. Because the seizure of the gun from Booker was, at the least, based on information obtained during a consensual encounter...
MEMORANDUM OPINION AND ORDER DEBRA M. BROWN , District Judge . Before the Court are two motions filed by Bolivar County: (1) "Defendant's Motion for Declaratory Judgment," Doc. #11; and (2) "Defendant's Motion to Deposit Funds," Doc. #16. I Background and Procedural History On November 17, 2015, the United States of America filed a complaint in this Court against Bolivar County, seeking declaratory, equitable, and monetary relief. Doc. #1. The complaint asserted a claim under Title I...
MEMORANDUM OPINION AND ORDER DEBRA M. BROWN , District Judge . This Fair Labor Standards Act action brought by LeShaun McWright is before the Court on the motion for summary judgment of the Greenville Public School District. Doc. #24. Because the District has failed to show that McWright's position as a school resource officer was subject to the Act's administrative exemption, and has also failed to establish a factual basis for the application of the Act's good faith defense, the motion...
ORDER DISMISSING ACTION BY REASON OF SETTLEMENT SHARION AYCOCK , District Judge . The court has been advised 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 this action be 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 and further...
ORDER SETTING SENTENCING GLEN H. DAVIDSON , Senior District Judge . Pursuant to the change of plea held November 21, 2016, and the Defendant's adjudication of guilt, IT IS HEREBY ORDERED that, 1. The sentencing hearing in this matter is set Monday, April 3, 2017, at 10:00 a.m., Courtroom No. 2, ABERDEEN, 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),...
ORDER SETTING SENTENCING GLEN H. DAVIDSON , Senior District Judge . Pursuant to the change of plea held November 22, 2016, and the Defendant's adjudication of guilt, IT IS HEREBY ORDERED that, 1. The sentencing hearing in this matter is set Monday, April 3, 2017, at 1:30 p.m., Courtroom No. 2, ABERDEEN, 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...
STIPULATED FINAL ORDER OF FORFEITURE GLEN H. DAVIDSON , Senior District Judge . As the result of the guilty plea by the defendant, Christopher Graham, to Count One of the Superseding Indictment, which charges that the defendant, Christopher Graham, did knowingly, intentionally and willfully combine, conspire, and agree with co-defendants, and persons both known and unknown to the Grand Jury, to distribute and possess with intent to distribute a mixture and substance containing a...
ORDER SETTING SENTENCING GLEN H. DAVIDSON , Senior District Judge . Pursuant to the change of plea held November 22, 2016, and the Defendant's adjudication of guilt, IT IS HEREBY ORDERED that, 1. The sentencing hearing in this matter is set Monday, April 3, 2017, at 11:00 a.m., Courtroom No. 2, ABERDEEN, 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),...
MEMORANDUM OPINION DENYING DEFENDANT WILLIAM ELLIS OVERTON'S MOTION FOR WRIT OF HABEAS CORPUS GLEN H. DAVIDSON , District Judge . Presently before the Court is a motion for writ of habeas corpus [603] filed by Defendant William Ellis Overton against the Warden of the federal facility where the Defendant is incarcerated. The Defendant argues that the Warden is holding him in violation of the Constitution and laws of the United States in that he "continues to use inaccurate and incomplete...
MEMORANDUM OPINION GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENTS AGAINST ALL DEFENDANTS GLEN H. DAVIDSON , District Judge . Presently before the Court are Plaintiff LM Insurance Corporation's ("Liberty Mutual") motion for default judgments against all defendants [17] and addendum [20], together with supporting exhibits, including an affidavit from Paul J. Holtrup [17-1] and earned premium statements for the three insurance policies at issue in this case, see Statements [17-1] at 146,...
ORDER DISMISSING WITH PREJUDICE CALIBER HOME LOANS, INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AND MERSCORP HOLDINGS, INC. DEBRA M. BROWN , District Judge . On November 30, 2016, Caliber Home Loans, Inc.; Mortgage Electronic Registration Systems, Inc.; and Merscorp Holdings, Inc. (collectively, "Caliber Defendants"), filed a motion requesting their dismissal, with prejudice, from "any and all claims . . . in the above-styled action . . . due to a settlement between the...
