ORDER WAVERLY D. CRENSHAW, JR. , Chief District Judge . Pending before the Court is a Report and Recommendation ("R&R") of the Magistrate Judge (Doc. No. 59) to which no timely objections have been filed. The R&R recommends that the Court grant Defendants' Rule 12(b)(6) Motion to Dismiss and deny the Motion for Attorney's Fees Under 29 U.S.C. 1132(g). (Doc. No. 38). The Court has reviewed the R&R and conducted a de novo review of the record. The R&R is APPROVED AND ADOPTED . Accordingly,...
REPORT AND RECOMMENDATION JEFFERY S. FRENSLEY , Magistrate Judge . Plaintiff Stephanie Schreiner filed this action under the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. 1001, et seq. ("ERISA"). Docket No. 36. Dr. Schreiner alleges that the Defendants, United Healthcare Insurance Company and United Behavioral Health (collectively, "United") unlawfully denied her claim for residential treatment for her beneficiary son despite evidence that he qualified for the...
MEMORANDUM OPINION AND ORDER WAVERLY D. CRENSHAW, JR. , CHIEF UNITED STATES DISTRICT JUDGE . This is a premises liability case governed by Tennessee substantive law. Beverly Walls claims that she sustained injuries on August 19, 2017, when she tripped on a pallet containing a box of cantaloupes at a Wal-Mart store in Clarksville, Tennessee. Johnny Wall claims that he was deprived of his wife's services and companionship as a result of her injuries. Wal-Mart now moves for summary judgment,...
ORDER WAVERLY D. CRENSHAW, JR. , Chief District Judge . In this social security appeal, the Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. No. 26) recommending that the Court deny Rebecca Lynn Shelton's Motion for Judgment on the Administrative Record (Doc. No. 19) and affirm the Social Security Administration's ("Commissioner") decision denying benefits. Shelton filed objections to the R&R (Doc. No. 27), to which the Commissioner has responded in opposition (Doc. No....
MEMORANDUM OPINION ELI RICHARDSON , District Judge . Pending before the Court is Defendant Byrd's Motion to Dismiss Amended Complaint (Doc. No. 39), which is joined by Defendants Wayne County School System and Ryan Franks (Doc. No. 62). BACKGROUND At the time of the events in question here, Plaintiff was a public high school student in Wayne County, Tennessee. Plaintiff sued the Wayne County School System; Ryan Franks, the Wayne County High School principal; and David Byrd, a member of...
MEMORANDUM ALETA A. TRAUGER , United States District Judge . The Nashville Community Bail Fund ("NCBF") has filed a Motion for Preliminary Injunction (Docket No. 3), to which Howard Gentry, in his official capacity as Criminal Court Clerk for the Twentieth Judicial District, has filed a Response (Docket No. 15), and NCBF has filed a Reply (Docket No. 16). Gentry has filed a Motion to Dismiss (Docket No. 17), to which NCBF has filed a Response (Docket No. 19), and Gentry has filed a...
MEMORANDUM ALETA A. TRAUGER , District Judge . Pending before the court is pro se movant Benjamin Edward-Henry Bradley's motion under 28 U.S.C. 2255 to vacate, set aside, or correct a sentence previously imposed by this court. (Doc. No. 1). See United States v. Bradley, No. 3:15-cr-00037-2 (M.D. Tenn.) [hereinafter cited as "Crim. Doc. No. ___"]. The government filed a response to the motion, urging that none of Bradley's claims present a valid basis for post-conviction relief. (Doc....
ORDER ELI RICHARDSON , District Judge . For the reasons stated in the accompanying Memorandum Opinion, the Court GRANTS in part and DENIES in part Defendants' Motion to Dismiss (Doc. No. 18). The Court DENIES Defendants' Motion to Dismiss brought pursuant to Fed. R. Civ. P. 12(b)(1). The Court GRANTS Defendants' Motion to Dismiss brought pursuant to Fed. R. Civ. P. 12(b)(6). Accordingly, the Court acknowledges that all claims in this action have been DISMISSED with prejudice,...
MEMORANDUM OPINION ELI RICHARDSON , District Judge . Plaintiff Edwin Castro Bustillo brings this action against Defendants Kevin McAleenan, Secretary for the Department of Homeland Security; L. Francis Cissna, Director of United States Citizenship and Immigration Services ("USCIS"); Robert Cowan, Director of the National Benefits Center, and USCIS (collectively "Defendants"), seeking relief for the denial of Plaintiff's application for employment authorization. (Doc. No. 1). Currently...
MEMORANDUM ORDER ALISTAIR E. NEWBERN , Magistrate Judge . Before the Court in this action brought under 42 U.S.C. 1983 is Plaintiff Cindy Strange's motion for leave to amend her complaint. (Doc. No. 43.) Defendants the Town of Nolensville, Tennessee, Kenneth McLawhon, and Bryan Howell have filed responses stating that they have "no objection to [Strange] amending her complaint" if several discovery disputes between the parties are resolved in the defendants' favor. (Doc. No. 44, PageID#...
MEMORANDUM AND ORDER ALETA A. TRAUGER , District Judge . After remand from the Sixth Circuit on the issue of whether or not this defendant should have received a 3-point enhancement for his role in the offense under Section 3B1.1 of the USSG, the court ordered additional briefing on the issue. The court has now received the briefs of the parties (Docket Nos. 151, 152). In its brief, the government never even cites to United States v. Kamper, 748 Fed. 3d 728 (6th Cir. 2014), on which...
MEMORANDUM OPINION ELI RICHARDSON , District Judge . Pending before the Court is Plaintiffs' Motion to Dismiss or Strike Defendants' Counterclaims (Doc. No. 71, "Motion"). Defendant Chadwell has filed a response in opposition (Doc. No. 77), and Plaintiffs have filed a reply (Doc. No. 78). Defendant White has not responded to the motion. 1 For the reasons stated herein, Plaintiffs' Motion will be granted. BACKGROUND Plaintiffs brought this action against Defendants C&N Logistics, Inc.,...
ORDER WILLIAM L. CAMPBELL, JR. , District Judge . Pending before the Court is the Magistrate Judge's Report and Recommendation (Doc. No. 38), which was filed on December 5, 2019. Through the Report and Recommendation, the Magistrate Judge recommends that Plaintiff's request for a writ of possession of one 2009 Caterpillar D6T XL Dozer, Serial# LAY01256 (the "Dozer") be granted and that Plaintiff's Motion for Entry of Default Judgment against Defendant Sitework Specialties Utilities &...
ORDER ELI RICHARDSON , District Judge . Pending before the Court is Defendants' Motion to Dismiss for Failure to State a Claim and for Attorneys' Fees (Doc. No. 8.) For the reasons stated in the accompanying Memorandum Opinion, Defendants' Motion to Dismiss (Doc. No. 8) is GRANTED. Plaintiff's claims for fraud, fraudulent inducement, fraudulent misrepresentation, misrepresentation by concealment, violation of the Tennessee Timeshare Act, violation of the Tennessee Consumer Protection...
MEMORANDUM OPINION ELI RICHARDSON , District Judge . Pending before the Court is Defendants' Motion to Dismiss for Failure to State a Claim and for Attorneys' Fees (Doc. No. 8.) Plaintiffs have filed a Response in Opposition (Doc. No. 16), and Defendants have filed a Reply (Doc. No. 19). BACKGROUND 1 This action arises from a complaint filed by Plaintiffs Larry and Deanna McLearn on October 1, 2018, in Tennessee state court 2 against Defendants Wyndham Resort Development Corp.,...
ORDER WAVERLY D. CRENSHAW, JR. , District Judge . Plaintiffs Chelsey Greiner and Joseph Greiner filed a notice of voluntary dismissal (Doc. No. 77) advising the Court that they reached a settlement of this matter with Defendants. Accordingly, Chelsey Greiner's and Joseph Greiner's claims against Defendants ( see Doc. No. 1), including Chelsey Greiner's FLSA claim and their state law and federal securities claims, are DISMISSED WITH PREJUDICE . All four Plaintiffs have also filed a...
ORDER WILLIAM L. CAMPBELL, JR. , District Judge . Pending before the Court is the Magistrate Judge's Report and Recommendation (Doc. No. 40), which was filed on February 14, 2020. Through the Report and Recommendation, the Magistrate Judge recommends that the motion for summary judgment filed by Defendants Drug Task Force and Sumner County (Doc. No. 30) be denied without prejudice. The Magistrate Judge further recommends, based upon a sua sponte review of the Amended Complaint (Doc. No....
ORDER WILLIAM L. CAMPBELL, JR. , District Judge . Pending before the Court is Defendant's Motion for Summary Judgment. (Doc. No. 33). Plaintiff filed a Response (Doc. No. 42) and Defendant filed a Reply (Doc. No. 48). Defendant filed a Statement of Undisputed Facts in support of the motion (Doc. No. 36) and Plaintiff responded (Doc. No. 44). For the reasons stated in the accompanying Memorandum, Defendant's Motion for Summary Judgment is GRANTED and the case is DISMISSED. This Order...
ORDER WILLIAM L. CAMPBELL, JR. , District Judge . Pending before the Court is the Magistrate Judge's Report and Recommendation (Doc. No. 44), which was filed on January 28, 2020. Through the Report and Recommendation, the Magistrate Judge recommends that the Motions to Dismiss filed by Defendants Ronald Higgs, M.D. and Edmund Lane, M.D. (Doc. Nos. 26, 28) be granted, but that Defendants' requests for attorneys' fees be denied. Plaintiff has not responded to Defendants' Motions to Dismiss....
ORDER WILLIAM L. CAMPBELL, JR. , District Judge . Pending before the Court is a Report and Recommendation from the Magistrate Judge (Doc. No. 23) recommending that the Court grant Defendant's Motion to Dismiss (Doc. No. 15). The Magistrate Judge recommends that Defendant's motion to dismiss be granted with respect to Plaintiff's federal claim, that his claims under the FLSA be dismissed without prejudice, and that his other federal claims be dismissed with prejudice. The Magistrate Judge...
