REPORT & RECOMMENDATION SUSAN K. LEE , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), I conducted a plea hearing in this case on December 10, 2018. At the hearing, defendant moved to withdraw his not guilty plea to Count One of the seven-count Indictment and entered a plea of guilty to Count One of the Indictment, in exchange for the undertakings made by the government in the written plea agreement. On the basis of the record made at the hearing, I find the defendant is fully capable...
REPORT AND RECOMMENDATION CHRISTOPHER H. STEGER , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), the undersigned United States Magistrate Judge conducted a plea hearing in this case on December 6, 2018. At the hearing, Defendant entered a plea of guilty to Count One of the one count Information. On the basis of the record made at the hearing, the Court finds that Defendant is fully competent and capable of entering an informed plea; the plea is made knowingly and with full...
MEMORANDUM AND ORDER SUSAN K. LEE , Magistrate Judge . MICHAEL KILGORE, ("Defendant") appeared for a hearing on December 28, 2018, in accordance with Rules 5 and 32.1 of the Federal Rules of Criminal Procedure on the Petition for a Warrant or Summons for an Offender Under Supervision ("Petition"). Defendant was placed under oath and informed of his constitutional rights. It was determined that Defendant wished to be represented by an attorney and he qualified for appointed counsel....
MEMORANDUM AND ORDER SUSAN K. LEE , Magistrate Judge . ADRIAN LEBRON O'KELLEY, ("Defendant") appeared for a hearing on December 28, 2018, in accordance with Rules 5 and 32.1 of the Federal Rules of Criminal Procedure on the Petition for a Warrant or Summons for an Offender Under Supervision ("Petition"). Defendant was placed under oath and informed of his constitutional rights. It was determined that Defendant wished to be represented by an attorney and he qualified for appointed counsel....
ORDER APPROVING FLSA SETTLEMENT SUSAN K. LEE , Magistrate Judge . This matter is before the Court upon the parties' joint motion under the Fair Labor Standards Act, 29 U.S.C. 201-19 ("FLSA") [Doc. 34]. The parties have reached a proposed resolution of their FLSA dispute and seek court approval of the proposed settlement of Plaintiffs' FLSA claims pursuant to Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982) and its progeny. The Court conducted a hearing on...
MEMORANDUM AND ORDER SUSAN K. LEE , Magistrate Judge . Plaintiff Danielle Raynae Lankford ("Plaintiff") brought this action pursuant to 42 U.S.C. 405(g) and 1383(c) seeking judicial review of the final decision of the Commissioner of Social Security ("Commissioner" or "Defendant") denying her disability insurance benefits ("DIB") and supplemental security income ("SSI"). Each party has moved for summary judgment [Docs. 24 & 26] and filed supporting briefs [Docs. 25 & 27]. This matter...
MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN , Chief District Judge . Before the Court are three motions to dismiss filed by various defendants and all advancing the same arguments [Docs. 13, 15, 18, 19, 20, 25, 26]. Plaintiff has responded in opposition [Docs. 32, 33, 36], and defendants have replied [Docs. 37, 38, 39]. This ERISA case presents what appears to be a question of first impression in this circuit: whether the six-year statute of repose for claims of breach of fiduciary...
MEMORANDUM AND ORDER DEBRA C. POPLIN , Magistrate Judge . This case is before the undersigned on the Defendant Dalton W. Waldroup's Motion to Suppress [Doc. 2], filed on October 23, 2018. See 28 U.S.C. 636(a); Fed. R. Crim. P. 58. Defendant Waldroup asks the Court to suppress all evidence flowing from a traffic stop on April 22, 2018, because the ranger lacked probable cause to stop his vehicle. The parties appeared on November 14, 2018, for an evidentiary hearing on the motion....
MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN , Chief District Judge . This civil matter is before the Court on cross motions for judgment as a matter of law by plaintiffs [Doc. 415] and defendant [Doc. 414]. Plaintiffs argue that defendant failed to present sufficient evidence at trial to support the jury's apportionment of fault against nonparty CSX Transportation, Inc. ("CSX") on plaintiffs' nuisance claim, to which defendant responded [Doc. 417]. Likewise, defendant has moved for...
ORDER PAMELA L. REEVES , District Judge . A jury convicted Defendant on six counts of wire fraud, two counts of making a false writing, and one count each for theft of public money, mail fraud, conflict of interest for a federal employee, and making a false statement [D. 122]. Prior to sentencing, Defendant raised a general objection to the calculation of restitution included in the presentence report [D. 137, 1]. At his sentencing hearing, the Court sentenced Defendant to 96 months of...
MEMORANDUM OPINION TRAVIS R. McDONOUGH , District Judge . Before the Court are Defendant Crista Beebe's motion to dismiss for lack of personal jurisdiction (Doc. 21), Plaintiff's motion to disqualify counsel for Beebe (Doc. 23), and Beebe's motion to strike Plaintiff's sur-reply to Beebe's motion to dismiss for lack of personal jurisdiction and improper venue (Doc. 37). Beebe's motion to strike Plaintiff's "Motion to Deny Defendant's Motion to Dismiss for Lack of Personal Jurisdiction"...
MEMORANDUM OPINION THOMAS A. VARLAN , Chief District Judge . Now before the Court is this pro se prisoner's petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 [Doc. 1]. Respondent filed a response in opposition [Doc. 8] and copies of the state record [Doc. 9]. Petitioner filed a reply [Doc. 15]. After reviewing all of the relevant filings, including the state court records, the Court concludes that Petitioner is not entitled to relief under 2254. Accordingly, no...
AGREED ORDER OF REVOCATION R. LEON JORDAN , District Judge . A Petition for Revocation of Supervised Release has been filed against the defendant, Joseph King, and the defendant admits that he has violated his supervision by incurring new charges. An agreement has been reached between the parties, recommending that Mr. King's supervised release should be revoked, and that he should receive a sentence of nine (9) months imprisonment with twelve (12) months supervised release to follow. It...
ORDER H. BRUCE GUYTON , Magistrate Judge . This case is before the undersigned pursuant to 28 U.S.C. 636, the Rules of this Court, and the referral Order [Doc. 95] of the District Judge. The parties appeared before the Court on December 4, 2018, for a hearing on Plaintiffs' Motion for Default Judgment [Doc. 9]. Attorney Ben Houston appeared on behalf of Plaintiffs. Defendant Tammy Walker appeared pro se. 1 By way of background, the hearing on the Motion for Default Judgment was...
MEMORANDUM AND ORDER TRAVIS R. McDONOUGH , District Judge . The United States Court of Appeals for the Sixth Circuit has vacated this Court's judgment dismissing this action under Younger v. Harris, 401 U.S. 37 (1971), and remanded, directing this Court to dismiss the State of Tennessee as a defendant and to allow Plaintiff to amend his complaint to substitute a state official. (Doc. 47.) Accordingly, the State of Tennessee will be DISMISSED from this action. Plaintiff will be...
MEMORANDUM OPINION H. BRUCE GUYTON , Magistrate Judge . This case is before the undersigned pursuant to 28 U.S.C. 636(c), Rule 73(b) of the Federal Rules of Civil Procedure, and the consent of the parties, for all further proceedings, including entry of judgment [Docs. 36, 39]. Now before the Court is Plaintiff's Motion to Dismiss [Doc. 90]. The United States filed a Response [Doc. 91] to Plaintiff's Motion. 1 The Motion is ripe for adjudication. Accordingly, for the reasons explained...
MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN , Chief District Judge . This criminal case is before the Court on defendant's motion for a sentence reduction [Doc. 1679]. Defendant requests that the Court resentence him pursuant to 18 U.S.C. 3582(c)(2) and in accordance with Amendments 780, 782, and 788 to the United States Sentencing Guidelines Manual. The government has responded [Doc. 1693], deferring to the Court's discretion as to whether, and to what extent, to grant any such...
MEMORANDUM AND ORDER CHRISTOPHER H. STEGER , Magistrate Judge . LAJEROMENY L. BROWN ("Defendant") came before the Court for an initial appearance on December 12, 2018, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure on the Petition for Warrant for Offender Under Supervision ("Petition") [Doc. 529]. At such time, the Government moved Defendant be detained pending disposition of the Petition or further Order of this Court. After conferring with his counsel, Defendant...
ORDER DEBRA C. POPLIN , Magistrate Judge . This case is before the undersigned on the Defendant's Motions to Declare Defendant John William Hanson, III, Indigent for Purposes of Record for Appeal [Docs. 3], filed in both of the Defendant's cases on December 5, 2018, and referred [Docs. 5] to the undersigned on December 10, 2018. Defendant Hanson appeals his Judgment of conviction for one class A misdemeanor and six petty offenses to Chief United States District Judge Thomas A. Varlan....
MEMORANDUM AND ORDER DEBRA C. POPLIN , Magistrate Judge . All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. 636(b) for disposition or report and recommendation as may be appropriate. This case is before the Court on Defendant Christina Erin Myers' Motion to Continue Trial Date and Extension of Deadlines [Doc. 11], filed on November 14, 2018. Defendant Myers asks the Court to continue the December 18, 2018 trial date in this case to provide her...
