ORDER DAVID BRAMLETTE, District Judge. This matter came before the Court on the Motion of the Defendant Illinois Central Corporation to Dismiss [Docket # 7] and the Motion of the Defendant Canadian National Railway Company to Dismiss [Docket # 9]. The Court, having reviewed the Motions, having been informed that the Plaintiff does not oppose the Motions, and being otherwise advised in the premises, finds that the Motions are well taken and should be GRANTED. IT IS THEREFORE ORDERED AND...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of defendant BankPlus to compel arbitration pursuant to 4 of the Federal Arbitration Act, and the cross-motion of plaintiffs Albert R. Garner, Sigrid Garner, Thomas I. Garner, R & S Developers, LLC, RTC Properties, LLC, MGR Construction, LLC, Pavilion Properties, LLC, Storage Zone of Jackson, LLC, and Storage Zone of Florence, LLC, to compel arbitration. The motions have been fully...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of defendants United States of America, the United States Department of Homeland Security and Janet Napolitano, to dismiss pursuant to Federal Rule of Civil Procedure Rule 12(b)(1) for lack of subject matter jurisdiction and pursuant to Rule 12(b)(6) for failure to state a claim for which relief can be granted. Plaintiff Anthony Wright has responded in opposition to the motion and the...
MEMORANDUM OPINION AND ORDER KEITH STARRETT, District Judge. This matter is before the Court on the Motion for Summary Judgment [35] of Defendant The Phoenix Insurance Company. Having considered the parties' submissions, the record, and the applicable law, the Court finds that the motion should be granted. I. BACKGROUND Plaintiff Insurasource, Inc. ("ISI") is a Mississippi corporation that finances insurance premiums. Under the typical terms of ISI's finance agreements, policyholders...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This case arises out of the termination of plaintiff John R. Kavanay's long-term disability benefits under an insurance policy issued by defendant Liberty Life Assurance Company of Boston (Liberty) to plaintiff's former employer Allstate Insurance Company (Allstate). Plaintiff brought this action under 29 U.S.C. 1132(a)(1)(B), the civil enforcement section of the Employee Retirement Income Security Act of 1974 (ERISA), alleging...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of defendant United Home Life Insurance Company (United) for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff Roland Pierce 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 is well taken and should be granted. Roland Pierce alleges...
CORRECTED MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. Over a two-week period in October 2010, plaintiffs J.H., D.F. and M.C., then students at Murrah High School and members of Murrah's boys' varsity basketball team, were paddled or whipped with a weightlifting belt during basketball practices by then head basketball coach Marlon Dorsey. On October 26, 2010, after a parent witnessed an incident of his son being spanked by Dorsey and brought Dorsey's actions to the attention...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. The Federal Deposit Insurance Corporation (FDIC), as Receiver for Heritage Banking Group (the Bank), filed the present action against Progressive Casualty Insurance Company (Progressive) alleging that Progressive wrongly denied coverage under a Financial Institution Bond issued to the Bank by which Progressive agreed to indemnify the Bank for financial losses resulting from employee dishonesty and/or fraudulent conduct. At issue in...
AGREED SETTLEMENT ORDER OF FORFEITURE DAVID BRAMLETTE, District Judge. COME NOW, Plaintiff United States of America ("the Government"), by and through the United States Attorney for the Southern District of Mississippi, and Claimant Lee A. Davis ("Claimant"), by and through Claimant's counsel of record, Clarence T. Guthrie, III, Esq., and set forth the following agreement: WHEREAS, on or about April 5, 2011, the Internal Revenue Service ("IRS") seized pursuant to a seizure warrant issued in...
MEMORANDUM OPINION AND ORDER CARLTON W. REEVES, District Judge. This is a Section 1983 case in which the Plaintiff, Lashunda Adams, alleges that a police officer, W.L. May, arrested her without probable cause and used excessive force during the arrest. Adams sued May and May's employer, the City of Newton. Before the Court is the Defendants' motion for summary judgment. The Court, having considered the Defendants' motion and supporting memoranda of law, and Plaintiff's response and...
MEMORANDUM OPINION AND ORDER CARLTON W. REEVES, District Judge. Before the Court is Defendant River Region Health Systems ("River Region")'s Motion for Summary Judgment, Docket No. 60, its supporting brief, Docket No. 61, and its reply brief Docket No. 64. Plaintiff Catherine Davis ("Davis") has filed her response, Docket No. 63, and the matter is ready for review. The Motion is GRANTED IN PART and DENIED IN PART. I. Factual and Procedural History Davis worked as a surgical technologist at...
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. Defendants Wyeth and Wyeth Pharmaceuticals Inc. (collectively Wyeth) have moved pursuant to Federal Rule of Civil Procedure 56 for summary judgment on the basis of the statute of limitations. Plaintiff Rose Alexander has responded in opposition 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 denied. Plaintiff Rose...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS LOUIS GUIROLA, JR., Chief Judge. BEFORE THE COURT is the Motion to Dismiss [17] filed by Defendants United States of America, United States Department of Veterans Affairs, Eric K. Shinseki in his official capacity as Secretary of the United States Department of Veterans Affairs, United States Department of Labor, and Hilda L. Solis in her official capacity as Secretary of the United States Department of Labor. Defendants...
ORDER GRANTING IN PART AND DENYING IN PART SUMMARY JUDGMENT HENRY T. WINGATE, District Judge. In this lawsuit, defendant and counter-plaintiff Clydine Daniel ("C. Daniel") has filed counter-claims against the original plaintiff, Illinois Central Railroad Company ("ICRR"), accusing ICRR of negligently causing the death of her husband, Michael Daniel ("M. Daniel"), when an ICRR train collided with the decedent's tanker-truck at a railroad crossing. ICRR filed this tort lawsuit alleging M....
ORDER DANIEL P. JORDAN III, District Judge. This medical-malpractice case is before the Court on Defendant's Motion for Summary Judgment [37]. Defendant argues that Plaintiff's expert report falls short of establishing the applicable standard of care, that any government employee breached that standard, or that any such breach caused the death of Plaintiff's decedent. Although the Court is sympathetic to Plaintiff's loss, it concludes that Defendant's motion should be granted. I. Facts and...
MEMORANDUM OPINION AND ORDER KEITH STARRETT, District Judge. For the reasons stated below, the Court grants in part Defendant Vermeer Manufacturing Company's Motion for Summary Judgment [228], and grants in part Defendant Vermeer Midsouth Inc.'s Motion for Summary Judgment [230]. I. BACKGROUND Plaintiff BC's Heating & Air and Sheet Metal Works, Inc. ("BC's") purchased the drill which is the subject of this case, and Plaintiff Clark Lowery is the president and owner of BC's. There are...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT KGP LOGISTIC, INC.'S MOTION FOR SUMMARY JUDGMENT HALIL SULEYMAN OZERDEN, District Judge. BEFORE THE COURT is a Motion for Summary Judgment [123] filed by Defendant KGP Logistics, Inc. (KGP). Plaintiff has filed a Response [126], and KGP a Reply [131]. After consideration of the parties' submissions, the record, the relevant legal authorities, and for the reasons discussed below, the Court finds that the Motion should be granted. I....
MEMORANDUM OPINION AND ORDER TOM S. LEE, District Judge. This cause is before the court on the motion of defendant Sheriff Steve Rushing for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff Amber Ard opposes the motion, and the court, having considered the parties' memoranda, together with attachments, concludes that the motion is well taken and should be granted. Plaintiff Amber Ard filed this action pursuant to 42 U.S.C. 1983 and 1985 against...
ORDER CARLTON W. REEVES, District Judge. Before the Court is Crawford & Company's motion to dismiss. Docket No. 8. The motion is fully briefed, see Docket Nos. 14-15 and 18, and ready for review. After reviewing the pleadings, arguments, and applicable law, the motion to dismiss will be denied. I. Factual and Procedural History In 2010, the plaintiffs' Brandon, Mississippi home sustained fire damage. Docket No. 1-2, at 2. In 2012, they filed suit in state court against their homeowners...
ORDER KEITH STARRETT, District Judge. For the reasons stated below, the Court affirms the Magistrate Judge's Order [79] of June 27, 2012. A. Background This is an insurance dispute. Plaintiff's husband was killed in a work-related automobile accident. Defendant LM Insurance Corporation issued the employer's worker's compensation policy, while Defendant Liberty Mutual Insurance Company adjusted Plaintiff's claim for benefits. On June 27, 2012, the Magistrate Judge entered an order...
