MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of defendants CRS Management, Inc. (CRS), PRACS Institute, Ltd. (PRACS), Gateway Medical Research, Inc. (Gateway) and BA Research International L.P. (BA Research) to dismiss for lack of personal jurisdiction and for failure to state a claim upon which relief may be granted pursuant to Rule 12(b)(2) and (6), respectively. Plaintiffs Cypress Pharmaceuticals, Inc. (Cypress) and Hawthorne...
ORDER GRANTING SUMMARY JUDGMENT CARLTON W. REEVES, District Judge. The above-styled cause is before the Court on Hinds County's Motion for Summary Judgment [Docket No. 57]. The Court has reviewed that filing, the briefs relevant thereto submitted by both parties, and all available evidence, and has concluded that the motion must be granted. FACTS Shawn Johnson brings the instant lawsuit alleging that on December 15, 2006, a Hinds County sheriff's deputy illegally assaulted him outside a...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motions of defendant Sylvia Redd to dismiss the first superseding indictment as time barred; to quash the indictment for failure to set forth essential elements of the crime; and to quash the indictment as multiplicitous. 1 Also before the court is the motion of defendant Earnest Rankin to dismiss the indictment as time-barred. The government has responded in opposition to each of these motions....
ORDER DENYING MOTION TO STRIKE ANSWER CARLTON W. REEVES, District Judge. After an atypical schedule of starts, stops, stalls, and wrong turns, the above-styled cause is before the Court on the Plaintiffs' Motion to Strike Answer [Docket No. 18]. Having reviewed the parties' briefs relevant thereto, all evidence submitted therewith, the parties' arguments at a hearing on April 21, 2011, and all available authority controlling the question at hand, the Court has concluded that the motion...
OPINION AND ORDER WILLIAM H. BARBOUR, JR., District Judge. This cause is before the Court on the Motion of Ford Motor Company for Summary Judgment. Having considered the Motion, Response, Rebuttal, supplemental pleadings, the attachments to the pleadings, as well as supporting and opposing authorities, the Court finds the Motion is not well taken and should be denied. I. Factual Background and Procedural History On August 4, 1997, Plaintiff, Barbara Haffey Bogy ("Bogy"), was driving a 1994...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court pursuant to Federal Rule of Civil Procedure 56 on the motion of defendants AT & T Mobility LLC, Gates McDonald & Co. and Bradlee R. Varner for summary judgment, and the motion of plaintiff Leslie Statham Easterling for partial summary judgment. The motions have been fully briefed and the court, having considered the memoranda of authorities, together with attachments, submitted by the parties, concludes...
ORDER GRANTING MOTION TO SUPPRESS AND DISMISS EVIDENCE CARLTON W. REEVES, District Judge. The above-styled matter is before the Court on the Motion to Suppress and Dismiss Evidence 1 of defendant Jonatan Lopez, who argues that a traffic stop resulting in the discovery of several kilograms of narcotics violated the prohibitions of unreasonable searches and seizures contained in the Fourth Amendment. After reviewing the briefs of both the Government and the defense, along with the testimony...
ORDER DENYING PRELIMINARY INJUNCTION CARLTON W. REEVES, District Judge. The above-styled cause is before the Court on the Plaintiff's motion for a preliminary injunction. After having considered the parties' pleadings, briefs, exhibits, testimony, and arguments, the Court finds that the motion should be and hereby is denied. FACTS Pursuant to Rule 52(a) of the Federal Rules of Civil Procedure, the Court makes the following findings of fact. Advanced Infusion Solutions (hereinafter "AIS")...
ORDER GRANTING PRELIMINARY INJUNCTION HENRY T. WINGATE, District Judge. Before this court is the motion of plaintiffs Asbury MS Gray-Daniels, L.L.C. and Asbury Automotive Arkansas, L.L.C., for a temporary restraining order, preliminary injunction and permanent injunction [docket no. 3]. Plaintiffs filed said motion pursuant to Fed.R.Civ.P. 65. 1 The interrogatory for resolution owes its existence to the sale and purchase of a car dealership, a concomitant asset purchase agreement with a...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of plaintiff Phylisha Young to remand pursuant to 28 U.S.C. 1447. Defendant Safeway Insurance Company has responded to the motion and the court, having considered the memoranda of authorities, together with attachments submitted by the parties, concludes that the motion should be granted. On October 1, 2007, plaintiff's son was involved in a one-car accident while driving a 2001 Marquis...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT HALIL SULEYMAN OZERDEN, District Judge. THIS MATTER COMES BEFORE THE COURT on a Motion for Summary Judgment [407] filed by Defendant Northrop Grumman Shipbuilding, Inc. 1 ["NGSB"] on September 15, 2011. Plaintiff Tammi Liddell ["Liddell"], 2 who is proceeding pro se in this matter, has filed a Response [409], and NGSB a Rebuttal [410]. After due consideration of the record, the submissions on file, and the...
ORDER DENYING SUMMARY JUDGMENT CARLTON W. REEVES, District Judge. The above-styled matter is before the Court on the defendants' motions for summary judgment. Having reviewed each of the parties' briefs, the exhibits submitted therewith, and all available authority governing the questions presented, the Court concludes that the motions should be denied. FACTS Rory Thomas Lee was an employee of the National Railroad Passenger Corporation (hereinafter "Amtrak") on October 19, 2009, when the...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. Plaintiffs Pieter and Lisa Teeuwissen originally filed this action in the Chancery Court of Hinds County, Mississippi on December 7, 2010 seeking, first, to enjoin the imminent foreclosure of their home by defendants JP Morgan Chase Bank, N.A. a/k/a Chase Home Finance, LLC (Chase) and Nationwide Trustee Services, Inc. (Nationwide), and also asserting a variety of claims for affirmative relief relating to Chase's alleged improper...
FINDINGS OF FACT AND CONCLUSIONS OF LAW PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 52 HALIL SULEYMAN OZERDEN, District Judge. THIS CAUSE came before the Court on October 12, 2010, for trial without a jury. This is a suit for Declaratory Judgment filed pursuant to 28 U.S.CA. 2201, by Atlantic Sounding Company, Inc. ["Atlantic"] 1 . I. PROCEDURAL HISTORY On June 8, 2009, Atlantic filed a Complaint [1-1] for Declaratory Judgment against Jimmie Vickers ["Vickers"] pursuant to 28 U.S.C....
ORDER DANIEL P. JORDAN III, District Judge. This First Amendment retaliation case is before the Court on Defendants' Motion for Summary Judgment. After a number of extensions, the Parties have now submitted their briefs and the matter is ready for decision. Having fully considered the premises, the Court finds that Defendants' motion should be granted. I. Facts/Procedural History Plaintiff Robert Michael Watts is an officer employed by Defendant City of Jackson as part of the Jackson Police...
OPINION AND ORDER DAVID BRAMLETTE, District Judge. This matter comes before the Court on the Plaintiff's Motion to Remand and Memorandum in Support [docket entry nos. 25, 26] and Defendants' Response and Memorandum in Opposition [docket entry nos. 30, 31]. Having carefully considered the Plaintiff's Motion, the responses thereto, applicable statutory and case law, and being otherwise fully advised in the premises, the Court finds and orders as follows: I. BACKGROUND AND PROCEDURAL HISTORY...
ORDER GRANTING PARTIAL SUMMARY JUDGMENT CARLTON W. REEVES, District Judge. The above-styled cause is before the Court on the Defendants' Motion for Partial Summary Judgment [Docket No. 75], which the three defendants filed together on January 3, 2011. After reviewing the parties' memoranda and their accompanying exhibits, the Court finds that the defendants' motion should be and hereby is granted in part and denied in part. FACTS On October 25, 2009, Peter C. Loftus attempted to cross...
MEMORANDUM OPINION AND ORDER KEITH STARRETT, District Judge. The Court now addresses several motions. For the reasons stated below, Discover's Motion to Compel Arbitration [10] is granted, and Encore's Motion to Dismiss or Compel Arbitration [16] is granted in part. Therefore, this case is dismissed without prejudice. Discover's Motion to Dismiss [12] and Motion to Stay [14] and Plaintiff's Motion to Amend [21] are denied as moot. I. BACKGROUND This matter concerns the arbitrability...
OPINION AND ORDER DAVID BRAMLETTE, District Judge. This cause comes before the Court on Defendants' Joint Motion to Suppress [docket nos. 31, 33]. Having carefully considered the Defendants' Motion, the Government's response thereto, the testimony given at the hearings, applicable statutory and case law, and being otherwise fully advised in the premises, this Court finds and orders as follows: I. Facts and Procedural History Defendants Carrasco-Sanchez ("Sanchez") and Rojano were arrested...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of defendants Wyeth, Inc. and Wyeth Pharmaceuticals, Inc. (Wyeth) for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure on statute of limitations grounds. Plaintiff William D. Bryant, Jr., successor-in-interest to Mary Anne Bryant, has responded to the motion and the court, having considered the memoranda of authorities, together with attachments, submitted by the...
