ORDER TERRY L. WOOTEN, District Judge. The City of Ann Arbor Employees' Retirement System, ("Plaintiff"), brought this securities action pursuant to 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") and Rule 10b-5 promulgated thereunder. 15 U.S.C. 78j(b); 17 C.F.R. 240.10b-5. Currently before the Court is a motion for summary judgment filed by Sonoco Products Co., Harris E. DeLoach, Jr., and Charles J. Hupfer, ("Defendants"). The motion alleges Plaintiff has failed to...
REPORT AND RECOMMENDATION JOSEPH R. McCROREY, Magistrate Judge. This case involves claims to the proceeds of a life insurance policy. The case was initially assigned to the Honorable Margaret B. Seymour, United States District Judge, who appears to have resolved the dispute. Defendants Wade North and Kevin North filed a motion to distribute the remaining funds presently held by the Court. The case was reassigned to the Honorable Terry L. Wooten, United States District Judge on October 24,...
MEMORANDUM OPINION ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION CAMERON McGOWAN CURRIE, District Judge. This matter came before the court on December 14, 2011, for oral argument on Plaintiffs' motion for preliminary injunction to enjoin Defendants from interfering with Plaintiffs' 24-hour occupation of the State House grounds, including sleeping on the State House grounds, and the use of sleeping bags and tents. By order entered that same day, the court granted Plaintiffs' motion and...
ORDER AND OPINION MARGARET B. SEYMOUR, District Judge. Liberty Mutual Fire Insurance Company and Employers Insurance of Wausau (collectively "Plaintiffs") filed this action on May 29, 2008, against J.T. Walker Industries, Inc. and MI Windows & Doors, Inc. (collectively "Defendants"), seeking a declaratory judgment of the rights and obligations of the parties under certain insurance policies issued to Defendants with respect to the defense and settlement of five underlying state court suits....
OPINION & ORDER HENRY M. HERLONG, JR., Senior District Judge. This matter is before the court on Defendant Geoffrey D. Stiller's ("Dr. Stiller") motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(2). For the reasons explained below, the court grants Dr. Stiller's motion. I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiffs William G. Colson, Jr. ("Colson") and Dorothy R. Colson (collectively "Plaintiffs") commenced this civil action against Dr. Stiller and Samson Hair...
ORDER AND OPINION MARGARET B. SEYMOUR, District Judge. On May 21, 2010, Charles M. Lord ("Plaintiff") filed an action in the Court of Common Pleas for Aiken County, South Carolina, against his former employer, Kimberly-Clark Corporation ("Defendant"). ECF No. 1-1. Plaintiff asserted a claim for breach of employment contract, alleging that Defendant had forced him to retire in retaliation for a complaint he had lodged against his supervisor. Id. Defendant removed the action to this Court on...
ORDER TERRY L. WOOTEN, District Judge. On April 25, 2011, the plaintiff, Mary Kay Inc. ("plaintiff"), filed this civil action. (Doc. # 1). On June 8, 2011, this Court signed an Order, which granted the plaintiff's motion for a preliminary injunction. (Doc. # 9). After the defendant, Leslie Ayres, individually and d/b/a Your Little Make Up Shoppe and d/b/a My Little Make Up Shoppe ("defendant"), failed to answer or otherwise file a responsive pleading, the plaintiff moved for a default...
ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the Court upon First Chatham Bank's ("Plaintiff" or "FCB") Motion for Summary Judgment as to Christopher T. Landers ("Defendant" or "Landers"). 1 BACKGROUND Plaintiff alleges that Landers was loaned money and has failed to comply with the terms and conditions of a promissory note he signed. Specifically, FCB alleges that Defendant has not satisfied his promise to pay the note. Landers was affiliated with Atlantic Bank &...
ORDER RICHARD M. GERGEL, District Judge. Plaintiff filed this action seeking judicial review of a final decision of the Commissioner of Social Security denying Plaintiff disability insurance benefits. In accordance with 28 U.S.C. 636(b) and Local Rule 73.02, D.S.C., this matter was referred to a United States Magistrate Judge for pretrial handling. The Magistrate Judge recommended reversing the decision of the Commissioner denying benefits and remanding the matter to the Commissioner. (Dkt....
ORDER RICHARD MARK GERGEL, District Judge. Petitioner brought this action pursuant to 28 U.S.C. 2241. This case was automatically referred to the United States Magistrate Judge for all pretrial proceedings pursuant to the provisions of 28 U.S.C. 636(b) and the Local Rules. The Magistrate Judge recommended that the petition be dismissed and the Respondent's motion to dismiss be granted. (Dkt. No. 21). The Petitioner has objected (Dkt. No. 24) and Respondent has filed a reply (Dkt. No. 25)....
ORDER AND OPINION MARGARET B. SEYMOUR, District Judge. Plaintiffs Liberty Mutual Fire Insurance Company and Employer's Insurance of Wausau (collectively "Liberty Mutual") filed this action on May 29, 2008 against Defendants J.T. Walker Industries, Inc. ("J.T. Walker") and MI Windows & Doors, Inc. ("MI Windows") (collectively "Defendants") seeking a declaratory judgment of the rights and obligations of the parties under certain insurance policies issued to Defendants with respect to the...
ORDER DAVID C. NORTON, Chief Judge. This matter is before the court on plaintiff's motion for a preliminary injunction to prevent defendants from dismissing him from enrollment at The Citadel for the Fall 2011 and Spring 2012 semesters. For the reasons set forth below, the court denies plaintiff's motion. I. BACKGROUND On December 12, 2010, a sophomore cadet discovered a pipe and bowl in a freshman cadet's drawer. Three cadets were questioned, including plaintiff, and each admitted to...
ORDER AND OPINION MARGARET B. SEYMOUR, District Judge. Plaintiff Ross Development Corporation ("Ross") filed the within action in the Charleston County Court of Common Pleas on October 15, 2008 against Defendants Fireman's Fund Insurance Company ("FFIC"); United States Fire Insurance Company ("USFIC"); and PCS Nitrogen, Inc. ("PCS") seeking a declaratory judgment that policies purchased by Ross from FFIC and USFIC provide coverage for claims asserted by PCS against Ross in Ashley II of...
ORDER RICHARD MARK GERGEL, District Judge. This Petition comes before the Court pursuant to 28 U.S.C. 2254. In accord with 28 U.S.C. 636(b) and Local Rule 73.02, S.S.C., this matter was referred to United States Magistrate Judge Bruce Howe Hendricks. Judge Hendricks issued to the Court a Report and Recommendation recommending that the Petition for Writ of Habeas Corpus be granted. (Dkt. No. 39.) Respondent opposes the grant of the Writ. The Magistrate Judge makes only a recommendation...
ORDER C. WESTON HOUCK, District Judge. I. BACKGROUND This matter is before the Court on the defendants' motion to dismiss and motion to strike (ECF No. 19). For the reasons set forth in this order, the motion to dismiss is granted. The motion to strike is moot. A. FACTS On a motion to dismiss, the Court accepts as true the well-pleaded facts of the plaintiffs' complaint. The second amended complaint (ECF No. 43) is the operative complaint in this case. The plaintiffs attached several news...
ORDER TERRY L. WOOTEN, District Judge. This matter is now before the Court for consideration of two motions to dismiss filed by Defendant Ram Medical, Inc., ("Ram Medical"), and two motions to dismiss filed by Defendant Medline Industries, Inc., ("Medline"). (Docs. # 17, 23, 31, and 35). On January 6, 2011, Ram Medical filed a motion to dismiss. (Doc. # 17). On January 14, 2011, Medline filed a motion to dismiss. (Doc. # 23). Plaintiffs Heyward and Rosalee Jones 1 filed an Amended Complaint...
ORDER TERRY L. WOOTEN, District Judge. The plaintiff, Auto Owners Insurance Company ("plaintiff" or "Auto Owners"), brought this civil action on March 17, 2010. (Doc. # 1). Auto Owners seeks a declaratory judgment that no coverage exists under a "Businessowners" policy of insurance it issued to defendant Personal Touch Med Spa, LLC ("Personal Touch") for claims asserted against Personal Touch in a state court action underlying this coverage dispute. The state court action is currently pending...
ORDER R. BRYAN HARWELL, District Judge. This case involves Deerfield Plantation Phase II-B Property Owners Association, Inc.'s ("Deerfield") challenge to a determination by the United States Army Corps of Engineers ("Corps") that it has jurisdiction and regulatory authority, under the Clean Water Act ("CWA"), 33 U.S.C. 1251 et seq., over only 0.37 acres (920.07 linear feet) of waters on property owned by Deertrack Golf, Inc. ("Deertrack") in Horry County, South Carolina. Deerfield...
ORDER AND OPINION J. MICHELLE CHILDS, District Judge. This matter is before the court on Intervenor Federal Deposit Insurance Corporation's ("FDIC") Motion to Dismiss [Doc. 42] Plaintiff 1500 Range Way Partners, LLC's ("Range Way") Complaint in its entirety. The FDIC's motion is made under Rules 12(b)(1) and 12(b)(6), Fed R. Civ. Proc., on the grounds that: 1) Range Way failed to exhaust administrative procedures for asserting claims against the FDIC as set forth in the Financial Institutions...
ORDER RICHARD MARK GERGEL, District Judge. Plaintiff brought this action pursuant to 42 U.S.C. 12101. As a result, this matter was referred to a Magistrate Judge for pre-trial proceedings. The Magistrate Judge has made a report and recommendation that Defendant's motion for summary judgment be granted. Plaintiff has failed to object. After a thorough review of this matter, this Court adopts the recommendation of the Magistrate Judge. Analysis The magistrate judge makes only a...
