PROPOSED FINDINGS OF FACT AND RECOMMENDATION ROBERT H. WALKER , Magistrate Judge . Amanda Molgado, proceeding pro se and in forma pauperis, filed an appeal from the denial of her claim for disability and disability insurance benefits under the Social Security Act (SSA). Her claim was denied by the Commissioner at the initial level and on reconsideration. Doc. [11] at 97-100, 107-10. She requested and was granted a hearing before an Administrative Law Judge (ALJ). Id. at 29-53, 112-...
REPORT AND RECOMMENDATION JOHN C. GARGIULO , Magistrate Judge . BEFORE THE COURT is the Motion for Summary Judgment (ECF No. 63) filed by Defendants County of Jackson Mississippi, Mike Ezell, Wendy Nevals, and Mike Wright. Plaintiff has not filed a response to date. Accordingly, the undersigned proceeds without the benefit of a response from Plaintiff. Having considered Defendants' arguments, the record as a whole, and relevant law, the undersigned recommends that Defendants' Motion for...
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTIONS [5][9] FOR PRELIMINARY INJUNCTION HALIL SULEYMAN OZERDEN , District Judge . BEFORE THE COURT are the Motion [5] for Preliminary Injunction and Amended Motion [9] for a Preliminary Injunction, both filed by Plaintiff Asbury MS CHEV LLC d/b/a Gray Daniels Chevrolet ("Gray Daniels"). The Court finds that the Motions should be denied. I. BACKGROUND A. Gray Daniels' Complaint On December 4, 2017, Gray Daniels filed a Complaint [1]...
ORDER GRANTING MOTION FOR CONTINUANCE DAVID C. BRAMLETTE, III , District Judge . This cause having come before the Court on the motion of the defendant Yan Fei Tang, the Motion of Joinder by defendant Cheng Lin, the Motion of Joinder by defendant Guo Guang Lin, and the Motion of Joinder by defendant Lin's China Buffet of Meridian, Inc., d/b/a China Buffet II, to continue this matter, and the Government advising that it has no objection to said motions, and the Court having considered said...
ORDER GRANTING MOTION TO STAY DISCOVERY F. KEITH BALL , Magistrate Judge . Before the Court is a Motion to Stay [53] filed by Defendant Jackson HMA, LLC ("Jackson HMA"). The motion seeks a stay of discovery, pending the Court's ruling on a dispositive motion. Having considered the parties' filings and oral argument of counsel during a telephonic conference on December 21, 2017, the Court finds that the motion should be granted. Jackson HMA filed a motion to dismiss the First Amended...
ORDER ADOPTING REPORT AND RECOMMENDATION CARLTON W. REEVES , District Judge . This matter is before the Court pursuant to the Report and Recommendation of the United States Magistrate Judge, which was entered on November 20, 2017. Docket No. 11. The Report and Recommendation clearly notified the parties that failure to file written objections to the findings and recommendations contained therein within 14 days after service would bar further appeal in accordance with 28 U.S.C. 636. Id....
ORDER CARLTON W. REEVES , District Judge . The plaintiffs have moved to exclude (in part) the expert testimony of Dr. Angela Shannon, a pediatric gastroenterologist. They contend that Dr. Shannon's testimony becomes unreliable and conjectural when she opines that Braylon Jordan may not need a series of transplants. That kind of testimony should come from a transplant surgeon, the plaintiffs say. The legal standard is well-established. See Guy v. Crown Equipment Corp., 394 F.3d 320 ,...
ORDER HENRY T. WINGATE , District Judge . BEFORE THIS COURT is the defendant JBS Carriers, Inc.'s Motion to Remit Amount of Punitive Damages [Docket no. 224]. This motion stems from a years-long, extremely contentious litigation between the parties. After a careful review of the submissions of the parties, the relevant legal precedent, and the oral arguments of the parties, this court is convinced that JBS carrier Inc.'s Motion to Remit Amount of Punitive Damages [Docket no. 224]...
ORDER REGARDING POST-TRIAL MOTIONS HENRY T. WINGATE , District Judge . BEFORE THIS COURT are the following post-trial motions: Jackson State University's Joint Motion for Judgment as a Matter of Law [Docket no. 67] 1 ; Denise Taylor-Travis's Motion for New Trial [Docket no. 70]; and Jackson State University's Motion to Stay Proceedings Regarding Plaintiff's Bill of Costs [Docket no. 74]. This court has reviewed the submissions of the parties, arguments of counsel, and the relevant...
ORDER DANIEL P. JORDAN, III , Chief District Judge . Defendants Jeremy Greer and the City of Pelahatchie seek judgment on the pleadings in this wrongful-arrest case. Because it is possible that Plaintiff can succeed on her claim that Defendants violated her constitutional rights without undermining the validity of her conviction, and Defendants have not established that the Mississippi Tort Claims Act's police-function exception bars Plaintiff's state-law claims, Defendants' Motion for...
ORDER DANIEL P. JORDAN, III , District Judge . Defendant State Auto Property & Casualty Insurance Company asks the Court to dismiss Plaintiffs' causes of action related to their March 2016 insurance claim because Plaintiffs are already litigating the merits in earlier-filed litigation pending in this district. Because the Court concludes that maintaining claims related to the March 2016 incident in this case violates the rule against claim splitting, State Auto's Motion to Dismiss [45] is...
ORDER OF FINAL APPROVAL OF SETTLEMENT, AUTHORIZING SERVICE AWARDS, AND GRANTING APPLICATION FOR ATTORNEYS' FEES AND EXPENSES CARLTON W. REEVES , District Judge . On November 27, 2017, Plaintiffs and Class Counsel filed their Motion for Final Approval of Class Settlement (Dkt. No. 80; the "Motion"), seeking Final Approval of the Settlement Agreement and Release ("Settlement" or "Agreement"; capitalized terms that are not defined herein have the meanings given in the Agreement) with Tower...
MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S [13] MOTION FOR SUMMARY JUDGMENT HALIL SULEYMAN OZERDEN , District Judge . BEFORE THE COURT is the Motion for Summary Judgment [13] filed by Defendant Strategic Restaurant Acquisition Company, LLC. Plaintiff William Tenhet has not responded to the Motion, and the time for doing so has passed. After consideration of the Motion on its merits, the related pleadings, the record, and relevant legal authority, the Court finds that Defendant's...
ORDER GRANTING [86] MOTION FOR SUMMARY JUDGMENT ROBERT H. WALKER , Magistrate Judge . Plaintiff Keith La-Dale Porter, proceeding pro se and in forma pauperis, filed a 42 U.S.C. 1983 prisoner civil rights complaint alleging, among other things, inadequate medical care for injuries sustained prior to his arrest on the evening of August 28, 2015. The Court conducted a screening hearing on December 13, 2016. Doc. [75]. Defendant Correctional Medical Associates, Inc. (CMA) has filed a...
ORDER CARLTON W. REEVES , District Judge . J.H. has sued Management & Training Corporation for failing to prevent one of its inmates from raping him. This Court issued an order denying MTC's motion for summary judgment on J.H.'s claims. MTC now asks this Court to certify an interlocutory appeal of that order. That request can be granted when (1) the order involves a "controlling question of law," (2) there is "substantial ground for difference of opinion" regarding that question, and (3)...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO ENFORCE SUBPOENAS F. KEITH BALL , Magistrate Judge . Before the Court is a Motion to Enforce Subpoenas [214] filed by Plaintiff-Intervenors Jackson Municipal Airport Authority ("JMAA"), the Board of Commissioners of the JMAA ("Board"), and each of the Board members ("Board Members") 1 in their official and individual capacities (collectively "JMAA Plaintiffs"). The motion seeks an order compelling certain members of the Mississippi...
ORDER ADOPTING REPORT AND RECOMMENDATION LOUIS GUIROLA, JR. , District Judge . BEFORE THE COURT is the Report and Recommendation [17] entered by United States Magistrate Judge Linda R. Anderson. Judge Anderson recommends that the Motion to Dismiss [15] filed by the Commissioner of Social Security should be granted and that the social security appeal filed by Roger Dale Jarrell should be dismissed with prejudice as untimely. Jarrell has not filed an objection to the Report and...
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE LINDA R. ANDERSON , Magistrate Judge . This cause is before the Court on the Commissioner's Motion to Dismiss Plaintiff's Complaint. The Commissioner contends that Plaintiff's Complaint was not timely filed within the 60-day statute of limitations provided by 42 U.S.C. 405(g), and moves to dismiss the Complaint for failure to state a claim upon which relief can be granted, pursuant to Fed. R. Civ. P. 12(b). The undersigned finds...
ORDER AWARDING ATTORNEYS' FEES TO THE LAMAR COMPANY, LLC LOUIS GUIROLA, JR. , District Judge . THIS MATTER COMES BEFORE THE COURT on the [25] claim of The Lamar Company, LLC for attorneys' fees of $15,335.15. In addition to the documents attached to docket entry 25, the Court considers declarations previously filed at docket entries 15-1 and 18-1, which The Lamar Company has incorporated by reference. The defendants have filed objections to the fee request. After due consideration of the...
ORDER ADOPTING REPORT AND RECOMMENDATION HENRY T. WINGATE , District Judge . This matter comes before this court pursuant to the Report and Recommendation of United States Magistrate Judge Linda R. Anderson which was entered on November 13, 2017. [doc. no. 24]. More than fourteen days, plus sufficient time for mailing, have passed since the Report and Recommendation was mailed to the Plaintiff, Malcolm Weeks. No objections have been filed to the Report and Recommendation of the...
