ORDER JOHN T. NIXON, Senior District Judge. Pending before the Court is Defendant BAC Home Loans Servicing, L.P.'s ("Defendant" or "BAC") Motion for Summary Judgment ("Defendant's Motion") (Doc. No. 99), filed with a supporting Memorandum (Doc. No. 100) and Statement of Undisputed Material Facts (Doc. No. 101). Plaintiff Robert Donaldson ("Plaintiff) filed an Answer and Affirmative Defense by Affidavit to Defendant's Motion (Doc. No. 105), and Defendant filed a Reply (Doc. No. 107)....
MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. The United States of America filed this criminal action against defendant Ricky Lynn Williams, charging him with being a previously convicted felon in possession of a firearm. Before the Court is Defendant's motion to suppress (Docket Entry No. 21) and memorandum in support (Docket Entry No. 47), to which the Government has responded (Docket Entry No. 46). Defendant seeks the suppression of all evidence obtained during the stop of his...
MEMORANDUM CONCERNING MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFFS MARILYN BRYANT AND DEANNA NEWTON ALETA A. TRAUGER, District Judge. The defendant has submitted motions for summary judgment with supporting memoranda as to plaintiffs Marilyn Bryant (Docket Nos. 20 and 21) and Deanna Newton (Docket Nos. 27 and 28), to which the plaintiffs filed a consolidated opposition (Docket No. 32), and in support of which the defendant filed a consolidated reply (Docket No. 37). 1 BACKGROUND Rolling...
MEMORANDUM KEVIN H. SHARP, District Judge. This dam case involves claims by the United States that Defendants' creation of an earthen dam and its consequent impoundment of water violates the Clean Water Act ("CWA"), 33 U.S.C. 1251 et seq. Defendants have filed Motions in Limine regarding the proffered expert testimony of Rodney R. Knight (Docket No. 68); Richard D. Martin (Docket No. 71); Peter M. Stokely (Docket No. 73); Nicholas E. Crawford (Docket No. 75); and Donald W. Hubbs (Docket...
FINDINGS OF FACT AND CONCLUSIONS OF LAW TODD J. CAMPBELL, District Judge. From November 30, 2010 to December 3, 2010, the Court held a bench trial in this case challenging the constitutionality of Defendant Smith County Board of Education's ("the School Board's" or "Board's") random drug testing policy. On January 26, 2011, the parties filed lengthy proposed findings of fact and conclusions of law. Plaintiffs seek a declaration that the randomness component of the drug testing policy...
MEMORANDUM ALETA A. TRAUGER, District Judge. Pending before the court is the Motion for Expedited Court-Supervised Notice to Prospective Class Members Pursuant to 29 U.S.C. 216(b) filed by the plaintiffs (Docket No. 36), to which the defendant has filed a response (Docket No. 45), and in support of which the plaintiffs have filed a reply (Docket No. 52). For the reasons discussed herein, the plaintiffs' motion will be GRANTED in part and DENIED in part. BACKGROUND On May 2, 2011,...
MEMORANDUM KEVIN H. SHARP, District Judge. This matter is before the Court on the Motion for Judgment on the Pleadings (Docket No. 44) filed by Defendants 4UMD, LLC, David Becker ("Becker"), Bill Kottas, Sr. ("Kottas"), Scott Holmes ("Holmes"), and Matt MacIntyre ("MacIntyre"). Plaintiff ProductiveMD, LLC has filed a response in opposition to the Motion (Docket No. 49). 1 The Court will grant in part, and deny in part, Defendants' Motion for Judgment on the Pleadings. 2 I. FACTUAL...
ORDER JOHN T. NIXON, Senior District Judge. Pending before the Court is Defendants Republic Services of Tennessee, LLC ("RST") and Republic Services, Inc.'s ("RSI") (collectively, "Defendants") Motion for Summary Judgment (Doc. No. 38) ("Defendants' Motion"), filed with a supporting Memorandum (Doc. No. 39) and Statement of Facts (Doc. No. 40). Plaintiffs Withco, LLC ("Withco") and William Thomas Harrington ("Mr. Harrington") (collectively, "Plaintiffs") have filed a Declaration of William...
MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. TABLE OF CONTENTS I. Procedural History..........................................................825 II. Defendants' Motion to Dismiss and for Summary Judgment On Relator's Retaliation Claim.........................................................826 III. United States's and Defendants' Motions for Summary Judgment................828 A. Findings of Fact........................................................828 1. MedQuest..................
MEMORANDUM OPINION THOMAS A. WISEMAN, JR., Senior District Judge. In this action, Plaintiff Harold Dwayne Burress asserts claims under the Family Medical Leave Act ("FLMA"), 29 U.S.C. 2601, et seq., the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101, et seq. ( "ADA" ), Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), 42 U.S.C. 2000e, et seq., and under 42 U.S.C. 1983 (" 1983") for violation of his equal-protection and due-process rights; the...
NOTICE OF MOTION FOR LEAVE TO FILE REPLY JOHN S. BRYANT, Magistrate Judge. Pursuant to Local Rule 7.01(b), Lead Plaintiff movant City of Lakeland Employees Pension Plan ("Lakeland Employees") respectfully moves this Court for leave to file a short reply to the Fushi Copperweld Investor Group's Memorandum of Law (1) in Opposition to the Motion of Lakeland Employees for Appointment as Lead Plaintiff and Approval of Lead Counsel; and (2) in Further Support of the Fushi Copperweld Investor Group'...
ORDER JOHN T. NIXON, Senior District Judge. Pending before the Court is Plaintiffs PACE Industry Union-Management Pension Fund and its Trustees (collectively, "Plaintiffs") Motion for Summary Judgment ("Plaintiffs' Motion") (Doc. No. 28), which was filed along with a Statement of Undisputed Fact (Doc. No. 29) and a supportive Memorandum (Doc. No. 32). Also pending is Defendant Troy Rubber Engraving Company's ("Defendant") Cross-Motion for Summary Judgment ("Defendant's Motion") (Doc. No. 35),...
MEMORANDUM KEVIN H. SHARP, District Judge. This is a defamation action arising from the production and airing of a television program ("the Program") titled "Conspiracy." The Program was produced by Defendant Wild Eyes Productions, Inc. ("Wild Eyes") for the series, "The Squad: Prison Police," and aired by Defendant A & E Television Networks, LLC ("A & E"). In the Program, Plaintiff Marlorita Battle is unwittingly filmed while vising her husband at the Riverbend Maximum Security Institution (...
MEMORANDUM ALETA A. TRAUGER, District Judge. Pending before the court is the defendant's Motion for Summary Judgment (Docket No. 27), to which the plaintiff has responded (Docket No. 35), and the defendant has filed a reply in support (Docket No. 38). The plaintiff has also filed a Motion in Limine to exclude evidence and testimony from the defendant's causation expert, Richard Haglund (Docket No. 33), to which the defendant has responded (Docket No. 37). For the reasons discussed herein,...
MEMORANDUM KEVIN H. SHARP, District Judge. Defendant Secretary of the Department of Veterans Affairs ("Defendant") filed a Motion for Summary Judgment (Docket Entry No. 35), to which Plaintiff Richard Jones ("Plaintiff") filed a response (Docket Entry No. 47), and Defendant filed a reply (Docket Entry No. 55). Defendant has also moved for leave to file a brief in support of his motion in excess of the page limit set forth in Local Rule 7.01(a) (Docket Entry No. 36), and Plaintiff has not...
MEMORANDUM ALETA A. TRAUGER, District Judge. Pending before the court are several motions: (1) a Motion for Conditional Certification of a Collective Action filed by the plaintiffs (Docket No. 47), to which the defendant has filed a response (Docket No. 77), and in support of which the plaintiffs have filed a reply (Docket No. 85); (2) a Motion to Reconsider the Court's April 14, 2011 Order filed by the defendant (Docket No. 74), to which the plaintiffs have filed a response (Docket No. 86);...
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO SUMMONS AND COMPLAINT JOHN S. BRYANT, Magistrate Judge. Whereas, Plaintiff North Port Firefighters' Pension — Local Option Plan ("Plaintiff") filed the above-captioned putative shareholder class action on June 20, 2011; Whereas, on May 6, 2011, pursuant to the Private Securities Litigation Reform Act (the "PSLRA") (15 U.S.C. 78u-4(a)(3)(A)(i)), in a related action filed in the United States District Court for the Southern...
MEMORANDUM KEVIN H. SHARP, District Judge. Defendant Lowe's Home Centers, Inc. ("Defendant" or "Lowes") filed a Motion to Dismiss (Docket Entry No. 5), to which Plaintiff Roger Riddle ("Plaintiff") filed a response (Docket Entry No. 7). Further, as directed by the Court's Order (Docket Entry No. 11), Plaintiff filed a supplemental brief on jurisdiction (Docket Entry No. 14), and Defendant filed a response (Docket Entry No. 15). For the reasons discussed herein, the Court retains jurisdiction...
MEMORANDUM KEVIN H. SHARP, District Judge. In this action, Renasant Bank ("Renasant") seeks to recover from Eric Ericson unpaid principal and interest from a loan for the construction of a home in Florida. In the amended answer (Docket Entry No. 42), Eric Ericson and his wife, additional claimant Tricia Ericson (collectively, "the Ericsons"), have filed multiple counterclaims against Renasant arising out of the loan transaction. Renasant has filed two motions for partial summary judgment. (...
UNITED STATES' MOTION FOR LEAVE TO FILE REPLY BRIEF SUPPORTING ITS MOTION FOR LEAVE TO HAVE TWO REBUTTAL REPORTS TODD J. CAMPBELL, District Judge. Pursuant to Local Rule 7.01(b), the United States respectfully moves this Court to allow it to file a reply brief in support of its motion for leave to have two rebuttal reports. (Doc. No. 286). There are both factual and legal issues raised in Defendants' response brief filed on July 8, 2011 to which the United States would like an opportunity...
