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...
AGREED FINAL JUDGMENT OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT, AMERICAN ZURICH INSURANCE COMPANY GLEN H. DAVIDSON , Senior District Judge . This cause having come before the Court on the joint motion of the parties for an Agreed Final Judgment of Dismissal with Prejudice as to the claims of Plaintiff, Liberty Mutual Fire Insurance Company (hereinafter "Liberty Mutual"), against Defendant, American Zurich Insurance Company (hereinafter "American Zurich"), and the Court, being advised...
ORDER GRANTING MOTION FOR RELEASE OF FUNDS SHARION AYCOCK , District Judge . Presently before the Court is the Motion For Release of Funds [317] posted on the Defendant's behalf. The Government does not oppose the motion. Upon due consideration, and in light of the unopposed nature of the Defendant's motion, the Court finds that the motion should be granted. Therefore, it is hereby ORDERED that: 1) the Motion For Release of Bond Security [317] is GRANTED; and 2) the Clerk of the Court...
ORDER STAYING CERTAIN PROCEEDINGS JANE M. VIRDEN , Magistrate Judge . Local Uniform Civil Rule 16(b)(3)(B) provides that "[f]iling . . . a motion to compel arbitration . . . stays the attorney conference and disclosure requirements and all discovery, pending the court's ruling on the motion, including any appeal. Whether to permit discovery on issues related to the motion . . . is a decision committed to the discretion of the court . . ." L.U. CIV. R. 16(b)(3)(B). Accordingly, staying...
ORDER ADOPTING REPORT AND RECOMMENDATION DEBRA M. BROWN , District Judge . On August 11, 2017, following a Spears hearing, United States Magistrate Judge David A. Sanders issued a Report and Recommendation recommending that Mississippi Department of Corrections Commissioner Pelicia Hall be dismissed as a defendant due to the absence of her personal involvement in the wrongdoing alleged by Drain. Doc. #14 at 2. The Report and Recommendation warned that failure to file written objections...
ORDER ADOPTING REPORT AND RECOMMENDATION DEBRA M. BROWN , District Judge . Before the Court is the Report and Recommendation of United States Magistrate Judge David A. Sanders. Doc. #20. I Procedural History On or about June 17, 2016, William Nelson, III filed a pro se prisoner complaint against several employees of the Mississippi State Penitentiary ("MSP"). Doc. #1. On April 20, 2017, United States Magistrate Judge David A. Sanders held a Spears 1 hearing on Nelson's allegations....
ORDER JANE M. VIRDEN , Magistrate Judge . This matter is before the court on the [439] joint motion of defendants to strike the [405] supplemental report of plaintiffs' expert James Fineis. For the reasons discussed below, the motion will be GRANTED. Law and Analysis In addition to the authorities cited by the defendants, the court notes generally the following: "Courts have routinely rejected untimely `supplemental' expert testimony where the opinions are based on information...
ORDER JANE M. VIRDEN , Magistrate Judge . This matter is before the court on the Plaintiffs' motion to compel "chemical fingerprinting" data and factual information provided to Defendants' retained experts, Ranjit Machado and Robert Powell. For the reasons discussed below, the motion is denied. In support of their motion, Plaintiffs cite no legal authority and only contend, in conclusory fashion 1 , that Defendants' retained experts, Machado and Powell, received certain "chemical...
ORDER JANE M. VIRDEN , Magistrate Judge . Consistent with the deadlines set during the December 27, 2017 Status Conference, it is therefore ORDERED that the case management deadlines are as follows: 1. Plaintiffs shall designate experts by February 28, 2018. 2. Defendants shall designate experts by March 30, 2018. 3. All discovery shall be completed by April 30, 2018. 4. All dispositive and Daubert-type motions challenging another party's expert shall be filed by May 17, 2018. The...
ORDER ON PETITION FOR ATTORNEY'S FEES JANE M. VIRDEN , Magistrate Judge . Before the court is Plaintiff's motion [21] for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d). In these proceedings Plaintiff sought judicial review of the Social Security Commissioner's final decision denying a claim for benefits. By Final Judgment [18] dated October 26, 2017, this court remanded this case to the Commissioner for further proceedings. Plaintiff now seeks...
ORDER ON PETITION FOR ATTORNEY'S FEES JANE M. VIRDEN , Magistrate Judge . Before the court are Plaintiff's motion [23] for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d), and Defendant's response [24]. For the reasons set out below, the motion will be granted. In these proceedings Plaintiff sought judicial review of the Social Security Commissioner's final decision denying a claim for benefits. By Final Judgment [21] dated October 23, 2017, this...
MEMORANDUM OPINION AND ORDER DEBRA M. BROWN , District Judge . This employment discrimination action is before the Court on the defendants' motion for summary judgment. Doc. #48. I Standard of Review Under Rule 56 of the Federal Rules of Civil Procedure, "[s]ummary judgment is proper only when the record demonstrates that no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law." Luv N' Care Ltd. v. Groupo Rimar, 844 F.3d 442 , 447 (5th Cir....
ORDER MICHAEL P. MILLS , District Judge . This cause comes before the court on its own motion, setting a hearing for January 29-30, 2018, at which it will give the parties an opportunity to submit arguments regarding any unresolved issues in this case. In reviewing the current status of this case, it has become apparent that there remain an unusually large number of unsettled issues between the parties, some of which appear to have only recently been recognized as matters in dispute. This...
ORDER STAYING CASE ROY PERCY , Magistrate Judge . Defendant MS LZ Delta, LLC d/b/a Southern Thunder Harley-Davidson ("Defendant") has filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(2) specifically alleging that Defendants Fill It Up, LLC and Steven P. Beene lack standing to bring this action. Docket 6. Plaintiffs Fill It Up, LLC, Fillin' Station Grill, LLC, and Steven P. Beene ("Plaintiffs") oppose the motion and have filed a Motion to Amend Complaint in order to...
FINAL JUDGMENT OF DISMISSAL GLEN H. DAVIDSON , District Judge . The above styled and numbered cause came before this Court on the joint Motion of the parties for entry of a Final Judgment following an agreed resolution of the claims in the above referenced matter. The Court notes the agreement of the parties as evidenced by the signatures of their respective counsel, and the Court finds the request well-taken and should be granted. IT IS THEREFORE ORDERED that the above referenced matter...
ORDER DISMISSING ACTION BY REASON OF SETTLEMENT GLEN H. DAVIDSON , 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 and...
JUDGMENT AND ORDER DISBURSING FUNDS GLEN H. DAVIDSON , District Judge . This action is before the Court on Plaintiff's Motion for Entry of a Judgment and Order Disbursing Funds. Having considered the motion, being advised that Plaintiff and Defendants Glenn E. Mullins and Nancy J. Mullins have agreed to resolve this action, acknowledging that said Defendants have executed a proposed Order to Settle Interest and Disburse Funds before a notary demonstrating their desire to resolve this case,...
ORDER SETTLING INTEREST OF DEFENDANTS GLENN E. MULLINS AND NANCY J. MULLINS AND DISBURSING FUNDS GLEN H. DAVIDSON , District Judge . This action came on to be considered, and it appears to the Court, as evidenced by the signatures below, that Plaintiff and Defendants Glenn E. Mullins and Nancy J. Mullins have agreed to settle said Defendants' interest. It is, therefore, Ordered and Adjudged that: 1. Defendants Glenn E. Mullins and Nancy J. Mullins shall recover from the Plaintiff $14,...
ORDER STAYING THESE PROCEEDINGS SHARION AYCOCK , District Judge . This Court has considered the Defendants' Unopposed Motion to Stay or, in the Alternative, for an Extension of Time to Respond to the Complaint. The Motion is GRANTED. All proceedings and deadlines in this case are stayed until the Judicial Panel on Multidistrict Litigation resolves the Motions for Consolidation and Transfer Under 28 U.S.C. 1407 filed in In re Equifax, Inc., Customer Data Security Breach Litigation, MDL...
ORDER STAYING CERTAIN PROCEEDINGS JANE M. VIRDEN , Magistrate Judge . This case comes before the Court pursuant to L.U.CIV.R. 16(b)(3)(B). The rule provides that filing a motion to compel arbitration, or a motion asserting an immunity defense or jurisdictional defense stays the attorney conference and disclosure requirements and all discovery, pending the court's ruling on the motion, including any appeal. Whether to permit discovery on issues related to the motion and whether to permit...
