REPORT AND RECOMMENDATION E. CLIFTON KNOWLES, Magistrate Judge. This matter is before the Court upon Defendant's Motion for Summary Judgment. Docket No. 24. Along with that Motion, Defendant has contemporaneously filed a supporting Memorandum of Law, a Statement of Undisputed Facts, and the Affidavit of Lt. Chris Deal. Docket Nos. 25-27. Plaintiff has not responded to the instant Motion, or to Defendant's Statement of Undisputed Facts, nor has Plaintiff filed his own Statement of Undisputed...
REPORT AND RECOMMENDATION JOHN S. BRYANT, Magistrate Judge. This is a civil action filed pursuant to 42 U.S.C. 405(g) and 1383(c), to obtain judicial review of the final decision of the Social Security Administration ("SSA" or "the Administration") denying plaintiff's application for disability insurance benefits and supplemental security income, as provided under the Social Security Act. The case is currently pending on plaintiff's motion for judgment on the administrative record (Docket...
ORDER TODD J. CAMPBELL, District Judge. The sentencing hearing in this case is set for March 20, 2015, at 10:30 a.m. The Defendant shall remain on his current conditions of release pending further order of the Court. The Defendant shall attend all Court hearings in this case. All motions for a departure or pursuant to United States v. Booker , 125 S.Ct. 738 (2005) must be filed at least five (5) days before the sentencing hearing. In accordance with LCrR 32.01(c), at least seven (7) days...
OPINION AND ORDER KEVIN H. SHARP, Chief District Judge. Before the Court is the defendant's objection (ECF No. 12) to the Report and Recommendation ("R&R") (ECF No. 10) filed by Magistrate Judge John Bryant, recommending that the plaintiff's motion to remand this action back to the Chancery Court of Davidson County (ECF No. 5) be granted. After being served with a magistrate judge's recommended disposition, any party may, within fourteen days, "serve and file specific written objections to...
REPORT AND RECOMMENDATION JOE B. BROWN, Magistrate Judge. For the reasons explained herein, the Magistrate Judge RECOMMENDS that the Plaintiff's Motion for Judgment on the Administrative Record (the record) (Docket Entry (DE) 16) be DENIED, and the Commissioner's decision be AFFIRMED. I. Procedural History The Plaintiff originally filed for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) on June 18, 2009. (DE 12, pp. 69-70). 1 The Commissioner denied the...
ORDER KEVIN H. SHARP, Chief District Judge. Before the Court are the plaintiff's objections (ECF No. 71) to the Report and Recommendation ("R&R") (ECF No. 68) filed by Magistrate Judge Cliff Knowles, recommending that the plaintiff's Renewed Motion for Summary Judgment (ECF No. 41) be denied. The plaintiff, Shoney's North America, LLC ("SNA") has lodged proper objections to each of the magistrate judge's findings and proposed ruling, and the Court has therefore conducted a de novo review...
MEMORANDUM OPINION KEVIN H. SHARP, Chief District Judge. Before the Court are the plaintiff's objections (ECF No. 71) to the Report and Recommendation (ECF No. 68) filed by Magistrate Judge Cliff Knowles, recommending that the plaintiff's Renewed Motion for Summary Judgment (ECF No. 41) be denied. After being served with a magistrate judge's recommended disposition, any party may, within fourteen days, "serve and file specific written objections to the proposed findings and recommendations."...
REPORT AND RECOMMENDATION E. CLIFTON KNOWLES, Magistrate Judge. This is a civil action filed pursuant to 42 U.S.C. 405(g) and 1383(c)(3), to obtain judicial review of the final decision of the Commissioner of Social Security finding that Plaintiff was not disabled and denying Plaintiff Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI"), as provided under the Social Security Act ("the Act"), as amended. The case is currently pending on Plaintiff's Motion for...
MEMORANDUM OPINION KEVIN H. SHARP, Chief District Judge. Before the Court are plaintiff Jesus M. Lopez's objections to Magistrate Judge Joe Brown's recommendation that the complaint be dismissed as barred by the doctrine of res judicata . Based on the plaintiff's objections, the Court has considered de novo the defendant's motion to dismiss in light of the plaintiff's arguments in opposition both to the defendant's and to the Report and Recommendation ("R&R"). For the reasons set forth...
ORDER ALETA A. TRAUGER, District Judge. The Plaintiffs' Motion For Case Management Conference (Docket No. 135) is GRANTED. A case management conference is scheduled in this case for Thursday, January 22, 2015, at 4:00 p.m. in Judge Trauger's chambers. Lead counsel for all parties shall attend. The parties should work together to come up with a proposed case management order setting new deadlines and file that proposed order three days in advance of the case management conference. It is so...
Order KEVIN H. SHARP, District Judge. Before the Court are Defendant John Tollett's Motion for Summary Judgment, Docket No. 23, and a Motion to Dismiss or for Summary Judgment Filed by all Defendants (Other Than John Tollett), Docket No. 29. The Court will treat the motion filed by Defendants other than John Tollett as a motion for summary judgment. For the reasons articulated in the accompanying Memorandum, both motions are GRANTED. All of Plaintiffs' federal claims against all Defendants...
MEMORANDUM KEVIN H. SHARP, District Judge. Before the Court are Defendant John Tollett's Motion for Summary Judgment, Docket No. 23, and a Motion to Dismiss or for Summary Judgment Filed by all Defendants (Other Than John Tollett), Docket No. 29. The Court will treat the motion filed by Defendants other than John Tollett as a motion for summary judgment. For the reasons that follow, both motions will be granted, and all of Plaintiffs' federal claims against all Defendants will be dismissed...
REPORT AND RECOMMENDATION E. CLIFTON KNOWLES, Magistrate Judge. Plaintiff, who is proceeding pro se, filed this action seeking review of Defendant's denial of Social Security disability benefits. 1 Docket No. 1. Plaintiff's Complaint avers that: (1) she is disabled; (2) she applied for Social Security benefits on February 9, 2012; (3) on January 23, 2013, an Administrative Law Judge issued a denial of benefits; and (4) on May 21, 2014, the Appeals Council denied her request for review....
ORDER TODD J. CAMPBELL, District Judge. Pending before the Court is Defendant's Motion to Dismiss (Docket No. 14). For the reasons stated herein, Defendant's Motion is GRANTED, and this action is DISMISSED. Any other pending Motions are denied as moot, and the Clerk is directed to close the file. The pretrial conference set for January 25, 2016, and the jury trial set for February 2, 2016, are canceled. This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P....
MEMORANDUM TODD J. CAMPBELL, District Judge. Pending before the Court is Defendant's Motion to Dismiss (Docket No. 14). For the reasons stated herein, Defendant's Motion is GRANTED, and this action is DISMISSED. 1 FACTS Plaintiff's Amended Complaint (Docket No. 8) alleges that Defendant, her employer, retaliated against her for protected activity in reporting potential asbestos on Defendant's property. Plaintiff contends that she was constructively discharged in violation of common law and...
REPORT AND RECOMMENDATION JOHN S. BRYANT, Magistrate Judge. I. Introduction Pending before the Court is the Motion for Summary Judgment that the defendants, Houston County 1 and Sharon Tomlinson (Ms. Tomlinson) have filed. (Docket Entry (DE) 31). Also pending before the Court is the Motion for Summary Judgment that the defendant, Ryan Pettit (Mr. Pettit) has filed. (DE 36). For the reasons set forth below, the Magistrate Judge RECOMMENDS that the defendants' Motions for Summary Judgment...
MEMORANDUM TODD J. CAMPBELL, District Judge. Plaintiff brought this action against Defendants CHS/CHS Community Health Systems, Inc. ("CHS") and Sun Life Assurance Company of Canada ("Sun Life") with respect to an Employment Retirement Income Security Act ("ERISA") life insurance plan on his now-deceased wife. By Order dated October 6, 2014, the Court granted Plaintiff's Motion for Summary Judgment as to Count II (breach of fiduciary duty) against Defendant CHS. 1 Moreover, the Court granted...
REPORT AND RECOMMENDATION JOHN T. NIXON, Senior District Judge. For the reasons explained herein, the Magistrate Judge RECOMMENDS that the Plaintiff's Motion for Judgment on the Administrative Record (the record) (Docket Entry (DE) 13) be DENIED, and the Commissioner's decision be AFFIRMED. I. Procedural History The Plaintiff protectively filed for Disability Insurance Benefits (DIB) on February 16, 2010. (DE 10, p. 116). 1 He initially claimed an onset date of January 21, 2010 and...
MEMORANDUM AND ORDER ALETA A. TRAUGER, District Judge. Pending before the court is a Motion for Judgment on the Pleadings (Docket No. 31) filed by the defendant, Lumber One Wood Preserving, LLC ("Lumber One"), to which the plaintiff, Capitol Wholesale Fence Co., Inc. ("Capitol Fence") has filed a Response in opposition (Docket No. 36), and the defendant has filed a Reply (Docket No. 40). Having reviewed the parties' submissions concerning the motion, the court has determined sua sponte...
MEMORANDUM ALETA A. TRAUGER, District Judge. On December 1, 2014, the plaintiff filed a Second Amended Complaint that names Metropolitan Government of Nashville and Davidson County ("Metro Nashville") as a defendant. (Docket No. 170.) Metro Nashville has filed a Motion to Strike the Second Amended Complaint (Docket No. 173), to which the plaintiff has filed a Response in opposition (Docket No. 175). The plaintiff has filed a Motion for Leave to File a Third Amended Complaint (Docket No. 171),...
