ORDER DENYING MOTION FOR COMPASSIONATE RELEASE KAREN E. SCHREIER , District Judge . Defendant, Lyle Wilson, moves for compassionate release under 18 U.S.C. 3583(c)(1)(A)(ii). Docket 666. The United States opposes the motion. Docket 671. For the following reasons, the court denies Wilson's motion. BACKGROUND In 2009, Wilson was found guilty after a jury trial of 1 count of conspiracy to distribute cocaine, 1 count of conspiracy to distribute marijuana, and 1 count of possession with...
ORDER DENYING MOTION TO VOID JUDGMENT KAREN E. SCHREIER , District Judge . Petitioner, Gillman Roddy Long, moves the court under Federal Rule of Civil Procedure 60(b)(4) to void this court's prior judgment. Docket 48. The United States opposes the motion. Docket 49. For the following reasons, the court denies Long's motion. BACKGROUND Long was indicted in the United States District Court for the District of South Dakota, Western Division, on July 21, 2009. Cr. Docket 4. 1 The case was...
ORDER DENYING MOTION FOR COMPASSIONATE RELEASE KAREN E. SCHREIER , District Judge . Defendant, Randal Kent Hansen, moves for a sentence reduction under 18 U.S.C. 3583(c)(1)(A). Docket 105. The United States opposes the motion. Docket 110. For the following reasons, the court denies Hansen's motion. BACKGROUND In 2014, Hansen was found guilty after a jury trial of 29 counts of wire and mail fraud and conspiracy to commit wire or mail fraud. Docket 54. He was sentenced on May 21, 2014,...
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS LAWRENCE L. PIERSOL , District Judge . INTRODUCTION On September 27, 2018, Plaintiffs Copperhead Agricultural Products, LLC, and Copperhead Concave LLC (hereinafter referred to as "Copperhead") filed a complaint against Defendants KB Ag Corporation, LLC, Kimber Mitchell, and Brian Robertson (collectively referred to as "Defendants") alleging federal claims of false designation of origin, false...
ORDER DENYING MISCELLANEOUS MOTIONS LAWRENCE L. PIERSOL , District Judge . Plaintiffs, Logan Lundahl and Holli Lundahl, filed a pro se action against defendants and requested leave to proceed in forma pauperis, which was later granted. Dockets 1, 2, 3, and 15. In their amended complaint the plaintiffs allege over fifteen different violations of various federal and state statutes. See Docket 27 at 1-2. Plaintiffs asserted that this Court had personal jurisdiction over the defendants due...
MEMORANDUM OPINION AND ORDER DENYING MOTION FOR SENTENCE REDUCTION LAWRENCE L. PIERSOL , District Judge . Defendant Chitprasong Amphavannasouk filed a letter asking if he is entitled to relief under section 404 of the First Step Act. (Doc. 317.) The Court construed Defendant's letter as a motion for a sentence reduction pursuant to the First Step Act. The Assistant Federal Public Defender appointed to represent individuals who file pro se pleadings seeking relief under Section 404 of the...
ORDER GRANTING MOTION TO DISMISS AS TO KELYN TECHNOLOGIES KAREN E. SCHREIER , District Judge . Plaintiff, Sterling Computers Corp., filed this action for injunctive relief and damages caused by the alleged tortious conduct of defendants, Billie Jo Fling and Kelyn Technologies, L.L.C. Docket 1. Kelyn now moves to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). Docket 18. For the following reasons, the court grants Kelyn's motion to dismiss. FACTS...
MEMORANDUM OPINION AND ORDER VERONICA L. DUFFY , Magistrate Judge . INTRODUCTION Plaintiff, Steven J. Radel, seeks judicial review of the Commissioner's final decision denying his application for social security disability benefits under Title II and Title XVI of the Social Security Act. 1 Mr. Radel has filed a complaint and has requested the court to reverse the Commissioner's final decision denying him disability benefits and to remand the matter to the Social Security Administration...
OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING MOTION TO SUPPRESS ROBERTO A. LANGE , UNITED STATES DISTRICT JUDGE . Carrying contraband in one's car is risky business given that police may stop a vehicle for any number of reasons. Defendant Jason Farlee learned this the hard way when Police Sergeant Ramon Marrufo pulled him over on October 8, 2018, and discovered guns and drug paraphernalia in Farlee's truck. Farlee argues that the evidence taken from him and his...
OPINION AND ORDER DENYING PETITIONER'S MOTIONS FOR RECONSIDERATION AND GRANTING PETITIONER'S MOTIONS TO APPEAL WITHOUT REPAYMENT OF FEES ROBERTO A. LANGE , District Judge . Petitioner, Haider Salah Abdulrazzak, (Abdulrazzak) filed petitions under 28 U.S.C. 2254 in two separate cases. 19-CV-4025, Doc. 1; 19-CV-4075, Doc. 1. This Court granted the respondents' motions to dismiss and entered judgments in favor of the respondents. 19-CV-4025, Docs. 17 and 18; 19-CV-4075, Docs. 16 and 17....
OPINION AND ORDER ON PENDING MOTIONS ROBERTO A. LANGE , District Judge . Plaintiffs Robin Wiebers (Robin) and Darin Wiebers (Darin) (collectively the Wiebers) sued their insurance carrier Farmers Mutual Hail Insurance Company of Iowa (FMH) after FMH declined to pay its remaining underinsured motorist (UIM) coverage limit of $50,000 to the Wiebers. The Wiebers' complaint makes claims for breach of contract, first-party bad faith, intentional infliction of emotional distress, breach of...
ORDER GRANTING MOTION TO COMPEL KAREN E. SCHREIER , District Judge . Plaintiff, Beef Products, Inc., filed a complaint against defendant, Michael Hesse, alleging a breach of contract claim for solicitation of employees. Docket 64. Beef Products moves to compel Hesse and interested parties, Automatic Equipment Manufacturing Co., Jeff Carlson, Cameron Jacobs, Alec Hannah, Chuck Szitas, Britton Wall, and Bryce Snyder 1 (collectively, "Third Parties"), to respond to specific discovery...
ORDER JEFFREY L. VIKEN , Chief District Judge . INTRODUCTION By an amended order dated February 15, 2019, the court confirmed "that the U.S. Registration No. 3,923,284 for STURGIS is invalid and may be subject to cancellation.... and that the U.S. Registration No. 4,440,406 for STURGIS is invalid and may be subject to cancellation." (Docket 489 at p. 8). The court noted that prior to the entry of the order "[n]o motion for cancellation [had] been made." Id. at p. 8 n.2 & n.3. On the...
OPINION AND ORDER DENYING MOTION TO SUPPRESS AND ADOPTING REPORT AND RECOMMENDATION ROBERTO A. LANGE , District Judge . Defendant Angelo Ashley made statements to law enforcement officers during an informal interview initiated by the officers and conducted in a law enforcement vehicle outside of Ashley's residence. Ashley moved to suppress statements he made during that interview, claiming that he was "in custody" during the interrogation and thus should have been given warnings regarding...
MEMORANDUM OPINION AND ORDER VERONICA L. DUFFY , Magistrate Judge . INTRODUCTION Plaintiff, Jann Ortman, seeks judicial review of the Commissioner's final decision denying her application for social security disability benefits under Title II of the Social Security Act. 1 Ms. Ortman has filed a complaint and has requested the court to reverse the Commissioner's final decision denying her disability benefits and to remand the matter to the Social Security Administration for further...
REDACTED 1 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO COMPEL DOCKET NO. 43 VERONICA L. DUFFY , Magistrate Judge . INTRODUCTION This matter is pending before the court on the complaint of Copperhead Agricultural Products, LLC, and Copperhead Concave LLC, (collectively "Copperhead"), both South Dakota entities. See Docket No. 1. Copperhead sues defendants KB Ag Corporation, LLC, and its principals Kimber Mitchell and Brian Robertson (collectively "KB Ag"), for...
ORDER LAWRENCE L. PIERSOL , District Judge . Petitioner, Erik Zacarias-Cornelio ("Zacarias-Cornelio"), is currently incarcerated in the Federal Prison Camp in Big Spring, Texas. He filed a letter which has been construed to be a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. (Doc. 1.) Zacarias-Cornelio is currently incarcerated pursuant to a judgment of conviction for conspiracy to distribute methamphetamine in violation of 21 U.S.C. 841(a)(1) and 846. See United...
OPINION AND ORDER GRANTING MOTION IN LIMINE ROBERTO A. LANGE , District Judge . Defendant Luke Joseph Burning Breast (Burning Breast) faces one count of felon in possession of a firearm in this case. Doc. 1. On November 25, 2019, the Government filed a motion in limine, Doc. 22, seeking to prohibit evidence that Burning Breast had committed a "mistake of law." Specifically, the Government sought to prohibit evidence of Burning Breast's "incorrect belief that he was no longer a felon or...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO QUASH THIRD-PARTY SUBPOENAS Docket No. 44 VERONICA L. DUFFY , Magistrate Judge . INTRODUCTION This matter is before the court on plaintiffs' amended complaint seeking damages for defendant United States' (hereinafter "government") unlawful disclosure of their taxpayer identification numbers. See Docket No. 15. Jurisdiction is premised on the presence of a federal question, 28 U.S.C. 1331. Now pending is plaintiffs'...
ORDER ADOPTING THE REPORT AND RECOMMENDATION IN FULL AND GRANTING THE RESPONDENTS' MOTION TO DISMISS KAREN E. SCHREIER , District Judge . Petitioner, Anthony Keenan Sharp, filed a motion under 28 U.S.C. 2254 to vacate, set aside, or correct sentence. Docket 1. The court referred the motion to Magistrate Judge Veronica Duffy. Respondents moved to dismiss the action for failure to exhaust remedies in state court. Docket 7. Sharp responded to the motion to dismiss. Docket 9. On November 18,...
