MEMORANDUM AND ORDER THOMAS W. PHILLIPS, District Judge. This matter is before the Court on Defendant's Motion for Judgment of Acquittal and Motion for Arrest of Judgment [Doc. 194]. In April 2010, Defendant was tried for the following offenses: identify theft, in violation of 18 U.S.C. 1028 (Count One of the Superseding Indictment); wire fraud, in violation of 18 U.S.C. 1343 (Count Two); unauthorized access of a computer in furtherance of aiding and abetting other violations of...
MEMORANDUM OPINION THOMAS A. VARLAN, District Judge. This civil action is before the Court on defendants' Motion for Entry of Judgment [Doc. 21]. Plaintiff has filed a response in opposition to this motion [Doc. 23]. Defendants have filed a reply to the response [Doc. 24]. This civil action is also before the Court on plaintiff's Motion for Judgment on the Administrative Record [Doc. 25]. Defendants have filed responses to this motion [Docs. 27, 28]. Plaintiff has filed replies to the...
MEMORANDUM AND ORDER C. CLIFFORD SHIRLEY, JR., United States Magistrate Judge. This case is before the undersigned pursuant to 28 U.S.C. 636(a)(3) and-(4) for all further proceedings including entry of judgment and sentencing. This case is now before the Court on the Government's Motion to Reconsider [Doc. 15] filed on April 16, 2010. The Motion asks the Court to reconsider its oral ruling of April 14, 2010, granting the Defendant's Motion to Suppress Evidence Obtained from Illegal Search [...
MEMORANDUM AND ORDER THOMAS W. PHILLIPS, District Judge. This matter is before the Court on Defendants' Motion to Dismiss [Doc. 8]. On June 4, 2010, Defendants filed a Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Defendants argue that Plaintiff's claims—all based in products liability—do not satisfy the federal pleading requirements, as modified in Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007), and Ashcroft v....
MEMORANDUM AND ORDER THOMAS W. PHILLIPS, District Judge. This matter is before the Court on the Plaintiffs' Motion to Remand [Doc. 2]. On December 22, 2009, Plaintiffs filed suit in the Chancery Court of Knox County, Tennessee. [Notice of Removal, Doc. 1 at 1]. Pursuant to 28 U.S.C. 1441 and 1446, this case was removed to federal court on March 8, 2010. [ Id. ]. On March 9, 2010, Plaintiffs filed a Motion to Remand [Doc. 2]. Removal was premised upon diversity jurisdiction, 28 U.S.C....
MEMORANDUM OPINION LEON JORDAN, District Judge. This civil action is before the court for consideration of "Plaintiff's Motion for Summary Judgment" [doc. 81] and "Defendant's Motion for Summary Judgment" [doc. 91]. The parties have filed responses to the motions [docs. 92, 95], and each party has also submitted a reply [docs. 96, 95]. Oral argument is not necessary, and the motions are ripe for the court's determination. For the reasons that follow, plaintiff's motion will be denied,...
MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, District Judge. This civil action is before the Court on plaintiffs' Motion for Temporary Restraining Order [Doc. 1-1], in which plaintiffs request that this Court issue a temporary restraining order or, in the alternative, a temporary injunction after a hearing. 1 After removing the case to this Court, defendant filed a response in opposition to the motion [Doc. 3]. Plaintiffs filed a reply, [Doc. 4], which defendant moved to strike [Doc. 5]....
MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, District Judge. This civil action is before the Court on the post-trial briefs, filed by the parties to this case following the trial and the verdict of the jury. 1 In light of the jury verdict, returned on January 25, 2010, the Court entered an order [Doc. 93] directing the parties to submit post-trial briefs on two specific issues. Plaintiffs Thomas Bowman, individually and as next of kin of Lee W. Bowman, deceased, submitted a post-trial...
MEMORANDUM AND ORDER HARRY S. MATTICE, JR., District Judge. The following motions are presently before the Court: (1) Defendant Pinnacle Films, Inc.'s Motion for Summary Judgment on Invalidity (Court Doc. 212); (2) Defendant Pinnacle Films, Inc.'s Motion for Summary Judgment on Non-Infringement (Court Doc. 216); (3) Plaintiff Manuli Stretch USA, Inc.'s Motion for Summary Judgment on Inequitable Conduct (Court Doc. 219); and (4) Counterclaim Defendants Quintec Films Corporation's, Terry Jones'...
MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, District Judge. This criminal action is before the Court on the Report and Recommendation ("R & R") [Doc. 41], issued on June 9, 2010 by United States Magistrate Judge C. Clifford Shirley, Jr. Defendant Christopher Amos has filed objections to the R & R [Doc. 46], and the United States has filed a response to defendant's objections [Doc. 47]. This matter is before the Court on defendant's objections. I. Background of this Case The facts of...
MEMORANDUM OPINION J. RONNIE GREER, District Judge. I. Introduction This multi-district class action antitrust case involves allegations by plaintiffs Food Lion, LLC ("Food Lion") and Fidel Breto, d/b/a Family Foods ("Breto"), on behalf of themselves and a class of all others similarly situated, 1 purchasers of processed milk, involving allegations against Dean Foods Company ("Dean"), Dairy Farmers of America, Inc. ("DFA"), National Dairy Holdings, L.P. ("NDH"), Dairy Marketing Services,...
MEMORANDUM R. ALLAN EDGAR, District Judge. Plaintiff Moran Industries, Inc. ("Moran") brings this action against Defendants Mr. Transmission of Chattanooga, Inc. ("MTC"), Rodney B. Randall, and David Jason Randall d/b/a Jason Randall's Transmission Service ("JRT") (collectively "Defendants") for breach of a franchise agreement and for trademark infringement in violation of the Lanham Act, 15 U.S.C. 1114 and 1125. Plaintiff's claim for breach of the franchise agreement is brought solely...
MEMORANDUM OPINION LEON JORDAN, District Judge. This civil action came before the court for a bench trial on April 8, 2010. The plaintiff seeks compensation under the Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA") for overtime he performed as a K-9 officer for the Scott County Sheriff's Department. The following is the court's findings of fact and conclusions of law. I. FINDINGS OF FACT Kristofer Lewallen began his duties as a K-9 officer on July 1, 2006, when Sheriff Jim...
MEMORANDUM CURTIS L. COLLIER, Chief Judge. In this law suit against a sitting member of the United States Congress the Court is called upon to examine and determine sensitive and difficult issues regarding the internal personnel decisions of a coordinate branch of government and the protections afforded members of Congress by the United States Constitution in members' performance of their legislative duties. Specifically the Court now has before it a motion to dismiss pursuant to Fed.R.Civ.P....
MEMORANDUM OPINION THOMAS A. VARLAN, District Judge. This civil action is before the Court on defendants' Motion for Summary Judgment [Doc. 20] and plaintiff's Motion to Amend Complaint [Doc. 28]. The series of filings made subsequent to, and in connection with, these two motions is complex, and is explained in greater detail below. The motion for summary judgment and the motion to amend are now ripe for this Court's consideration. I. Background Plaintiff Charles Parks, next friend of...
MEMORANDUM OPINION THOMAS A. VARLAN, District Judge. This civil action is before the Court on plaintiff Kyle Meridieth's Brief in Support of Seeking Judicial Review of the Department of Labor's Determination of Plaintiff's Rights to Benefits Under the Energy Employee's Occupational Illness Compensation Program Act ("EEOICPA"), 42 U.S.C. 7384, et seq. [Doc. 23], in which plaintiff seeks judicial review of the November 30, 2007 decision of the United States Department of Labor (the "...
