MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. Sherri Flowers filed in this cause a motion to dismiss, asserting that the individual capacity claims alleged in plaintiffs' amended complaint should be dismissed, since plaintiffs have admitted they asserted an individual capacity claim against her in error. In addition, all defendants (including Flowers in her official capacity) have moved to dismiss, ostensibly pursuant to Federal Rule of Civil Procedure 12(b)(6), on the basis that...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of defendant The City of Madison, Mississippi for summary judgment, and on the cross-motion of plaintiff Vineyard Investments, LLC, for partial summary judgment on the issue of liability. Each party has responded to the other's motion and the court, having considered the memoranda of authorities, together with attachments, submitted by the parties, concludes that the City's motion should be...
MEMORANDUM OPINION AND ORDER KEITH STARRETT, District Judge. This matter came before the Court on a Motion for Partial Summary Judgment [Doc. # 156] (May 18, 2010), filed on behalf of Defendant LandCoast Insulation, Inc. After considering the motions, the responses, the pleadings and exhibits on file and being otherwise fully advised in the premises, the court entered its Memorandum Opinion and Order [Doc. # 177] denying the motion, but requesting additional briefing on the limited issue of...
MEMORANDUM OPINION AND ORDER DAVID BRAMLETTE, District Judge. This cause is before the Court on the defendant Derrick Lamon Beals' Motion to Dismiss the Indictment (docket entry 62) and Supplemental Motion to Dismiss the Indictment (docket entry 64), and on the United States of America ("the Government")'s Motion for Continuance (docket entry 59). Having carefully considered the motions and responses, the memoranda and the applicable law, and being fully advised in the premises, the...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on separate motions for partial summary judgment filed by plaintiff Peoples Bank of the South (Peoples Bank, or the Bank) and by defendant BancInsure, Inc. (BancInsure). Each party has responded to the other's motion and the court, having considered the memoranda of authorities, together with attachments, submitted by the parties, concludes that both motions should be granted in part and denied in part,...
MEMORANDUM OPINION AND ORDER KEITH STARRETT, District Judge. This matter is before the Court on a Mandate issued by the Fifth Circuit [Doc. # 44] reversing and remanding this Court's judgment as to the Motion to Compel Arbitration and To Stay All Proceedings filed by Defendant Regions Bank ("Regions"), as Successor of First American National Bank, Operating as Deposit Guaranty National Bank [Doc. # 9] and joined in by Defendant Union Security Life Insurance Company ("USLIC") [Doc. # 13]....
MEMORANDUM OPINION AND ORDER DAVID BRAMLETTE, District Judge. This cause is before the Court on the defendants Aetna Life Insurance Company ("Aetna") and NewMarket Corporation ("NewMarket")'s Motion for Reconsideration of this Court's order denying their motions to dismiss or, in the alternative, for amendment of the order to add a certificate for interlocutory appeal (docket entry 21). Having carefully considered the motion and response, the memoranda and the applicable law, and being...
OPINION & ORDER DAVID BRAMLETTE, District Judge. This matter comes before the Court on the defendants' Motion to Alter or Amend [docket entry no. 56] this Court's December 18, 2009, Opinion and Order [docket entry no. 55]. Having carefully considered said Motion, Response thereto, applicable statutory and case law, and being otherwise fully advised in the premises, the Court finds and orders as follows: As described more fully in the December 18 Opinion, this action arises out of an...
MEMORANDUM OPINION AND ORDER KEITH STARRETT, District Judge. This matter is before the Court on a Motion for Partial Summary Judgment [Doc. #156] (May 18, 2010), filed on behalf of Defendant LandCoast Insulation, Inc. The court, having reviewed the motion, the responses, the pleadings and exhibits on file and being otherwise fully advised in the premises, finds as follows: I. FACTS PIC Group, Inc. ("PIC") contracted LandCoast Insulation, Inc. ("LCI") to install scaffolding at the...
MEMORANDUM OPINION AND ORDER KEITH STARRETT, District Judge. Introduction. Richard Gerald Jordan was convicted of capital murder in the Circuit Court of Harrison County. He has had two trials on guilt and sentence—one in 1976 and one in 1977. He has had two additional sentencing trials—in 1983 and 1998. The 1998 sentence is currently before the court on a habeas petition. Facts of the crime. Jordan was charged with capital murder in the course of a kidnaping. In 1976, after he...
MEMORANDUM OPINION AND ORDER KEITH STARRETT, District Judge. This cause is before the Court on the Motion for Summary Judgment [Doc. # 25] (April 14, 2010) and memorandum in support [Doc. # 28] (April 23, 2010) filed by Defendants No Hope Logging, Inc., and Michael Heath Sistrunk and refiled with redacted exhibits [Doc. # 37] (July 9, 2010). This Motion is opposed by Plaintiff Bobby Halford [Docs. # 32] (June 9, 2010). The court, having reviewed the motion, the responses, the pleadings and...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of defendants Pharma Pac, LLC, Neil Sirkin, Samuel Sirkin and Joseph Donovan to dismiss pursuant to Rule 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff June Polacek has responded to the motion and the court, having considered the memoranda of authorities submitted by the parties, concludes the motion is well taken and will be granted to the extent it seeks dismissal...
MEMORANDUM OPINION AND ORDER KEITH STARRETT, District Judge. This matter is before the court on a Motion to Compel Arbitration [#4] filed on behalf of the defendants. The court, having reviewed the motion, the response, the pleadings and exhibits on file and being otherwise fully advised in the premises finds that the motion is well taken and should be granted. The court specifically finds as follows: FACTUAL BACKGROUND The plaintiff, Ella Jones, alleges that on December 30, 2005, she...
MEMORANDUM OPINION AND ORDER DANIEL P. JORDAN III, District Judge. This employment dispute is before the Court on Defendant's motion for summary judgment [6]. The Court, having fully considered the parties' submissions and the applicable law, finds that the motion should be granted as to all federal claims. The Court declines supplemental jurisdiction as to Plaintiff's state law claims, if any. I. Facts/Procedural History Plaintiff Antonio Neshell Weakley Myers claims that she was...
MEMORANDUM OPINION AND ORDER HENRY T. WINGATE, Chief Judge. Before this court is a federal income tax partnership proceeding tried to the court sitting without a jury between the dates of August 3, 2009, and September 23, 2009. Now, pursuant to Rule 52, 1 Federal Rules of Civil Procedure, this court announces its findings of fact and conclusions of law. This lawsuit was brought by Nevada Partners Fund, LLC, by and through its tax matters partner, Sapphire II, Inc. Nevada Partners Fund, a...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. Plaintiff National Casualty Company brought the present action seeking a declaratory judgment that it has no duty to defend or indemnify Franklin County, Mississippi for a lawsuit filed against the County in 2008, while a law enforcement liability insurance policy issued by National Casualty to the County was in effect. This cause is presently before the court on the motion of defendants Franklin County, Mississippi and Franklin County...
MEMORANDUM OPINION AND ORDER HENRY T. WINGATE, Chief Judge. Before the court is the presentation of the plaintiff J & B Entertainment, d/b/a Babe's Show Club (hereinafter the plaintiff or "Babe's") for damages against the City of Jackson, Mississippi, resulting from the conduct of former Mayor Frank Melton, Sgt. William Gladney and Detective Samuel Gardner which led to the improper closure of Babe's for a period of twenty-four days. Babe's request is for lost profits and consequential...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. On August 28, 2009, defendants Federal Aviation Administration (FAA), United States Department of Transportation, and United States of America, filed a motion to dismiss pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, or in the alternative, for summary judgment pursuant to Rule 56. 1 Plaintiffs Reunion, Inc., Cypress Brake Properties, L.P., and Annandale Investors, L.P. (collectively Reunion) responded in opposition...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on separate motions of defendants Houston Patton and Ed Peters to dismiss, or in the alternative, for summary judgment. Plaintiff James E. Jennings, Jr. has responded to the motions, and the court, having considered the memoranda of authorities, together with attachments, submitted by the parties, concludes that defendant Peters' motion is well taken and should be granted, and defendant Patton's motion...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the following motions by the parties: • Second motion of defendants/counterplaintiffs William A. Brown, Brown Bottling Group, Inc., Raymond Wilkins and Mike Cottingham for summary judgment for rescission, or in the alternative, motion for partial summary judgment on specific claims in the first amended complaint [Docs. 157 & 175]; • AFF's Rule 56(f) motion for continuance [Doc. 200]; • Second motion...
