REPORT AND RECOMMENDATION JEFFERY S. FRENSLEY , Magistrate Judge . This matter is before the Court upon Defendant's Motion to Dismiss for lack of subject matter jurisdiction filed pursuant to Fed. R. Civ. P. 12(b)(1). Docket No. 15. In support of that Motion, Defendant has contemporaneously filed a supporting Memorandum of Law and the Declaration of Roxie Rasey Nicoll ("Nicoll Dec."). Docket Nos. 16, 17. Plaintiff, who is proceeding pro se, has not responded to the instant Motion. On...
REPORT AND RECOMMENDATION JEFFERY S. FRENSLEY , Magistrate Judge . I. Introduction and Background This matter is before the Court upon Defendants' Motion for Summary Judgment. Docket No. 38. Along with their Motion, Defendants have contemporaneously filed a supporting Memorandum of Law (Docket No. 39) and a Statement of Undisputed Material Facts (Docket No. 40), as well as the Affidavits of Rondia Felts with Exhibits ("Felts Aff.")(Docket No. 41-1), David Elola ("Elola Aff.")(Docket No....
MEMORANDUM ALETA A. TRAUGER , District Judge . The defendant, ServiceSource Delaware, Inc. ("ServiceSource"), has filed a Motion for Summary Judgment (Docket No. 28), to which the plaintiff has filed a Response (Docket No. 34), and ServiceSource has filed a Reply (Docket No. 37). For the following reasons, the motion will be granted. BACKGROUND 1 This case arises from the plaintiff's employment with ServiceSource in the company's Nashville, Tennessee office. The plaintiff, Ms. Vigil,...
MEMORANDUM OPINION WAVERLY D. CRENSHAW, Jr. , District Judge . The Tennessee Clean Water Network and Tennessee Scenic Rivers Association ("Plaintiffs") filed a Complaint against the Tennessee Valley Authority ("TVA") on April 14, 2015, alleging numerous violations of the Clean Water Act ("CWA") related to TVA's operation of a coal-fired power plant about five miles south of the city of Gallatin, Tennessee ("Gallatin Plant"). (Doc. No. 1.) Over a roughly one-year period beginning on June...
REPORT AND RECOMMENDATION 1 JOE B. BROWN , Magistrate Judge . TO: THE HONORABLE ALETA A. TRAUGER For the reasons stated below, the Magistrate Judge recommends that the Defendant's motion to dismiss (Docket Entry 11) be granted and this case be dismissed as the court lacks jurisdiction or dismissed with prejudice if the court has jurisdiction. BACKGROUND The Plaintiff filed his complaint against Circuit Court Judge Joe H. Thompson on October 3, 2016, and paid the requisite filing fee....
REPORT AND RECOMMENDATION JEFFERY S. FRENSLEY , Magistrate Judge . This matter is before the Court upon a Motion to Dismiss filed by Defendant FBCS, Inc. ("FBCS") (Docket No. 6) and a "Motion to Compel Arbitration and to Dismiss (or, in the Alternative, Stay) Plaintiff's Lawsuit" filed by Defendant Comcast Corporation ("Comcast") (Docket No. 9). Along with its Motion, each Defendant has filed a supporting Memorandum of Law. Docket Nos. 7, 10. Defendant Comcast has additionally filed the...
MEMORANDUM OPINION WAVERLY D. CRENSHAW, Jr. , District Judge . Lisa Alyn is a real estate agent who lives and sells property in a subdivision near Franklin, Tennessee called "Westhaven" using the business name "Westhaven Franklin." (Doc. No. 114 at 7-8.) She promotes her real estate business through domain names that include the term "Westhaven." ( Id. at 10-11.) Southern Land Company, LLC ("Southern Land") developed the Westhaven subdivision, has registered trademarks for W WESTHAVEN...
MEMORANDUM ALETA A. TRAUGER , District Judge . Movant Herman Majors, a prisoner in federal custody, brings this action pursuant to 28 U.S.C. 2255 to set aside, vacate and correct an allegedly illegal sentence and Judgment imposed by the Honorable Senior Judge John T. Nixon of this court. See United States v. Patterson et al. , No. 3:09-cr-00047 (M.D. Tenn. June 25, 2011) (Judgment, Doc. No. 300). (References to the criminal case record will hereafter be designated as "Crim. Doc. No....
MEMORANDUM AND ORDER FOR CONTEMPT AND SANCTIONS AGAINST DEFENDANTS 1729172 ONTARIO, INC. AND GAI MARCOS KEVIN H. SHARP , District Judge . Plaintiffs filed a Motion for Order to Show Cause Why Defendants Should Not Be Held in Contempt and for Modification of the Order Granting Preliminary Injunction. (Docket No. 309). The Court will rule on Plaintiffs' Motion in a two-step process. This Memorandum and Order concerns finding 1729172 Ontario, Inc. and Gai Marcos (collectively, the "...
MEMORANDUM KEVIN H. SHARP , Chief District Judge . Pending before the Court are the Report and Recommendation of the Magistrate Judge (R&R) (Docket No. 116) and Petitioner's objections to the R&R. (Docket No. 119.) Pursuant to Rule 72(b) of the Federal Rules of Civil Procedure, this Court is required to "determine de novo any part of the magistrate judge's disposition that has been properly objected to," and "may accept, reject, or modify the recommended disposition, receive further...
ORDER ALETA A. TRAUGER , District Judge . On November 2, 2016, the Magistrate Judge issued a Report and Recommendation (DE #17), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the plaintiff's Motion for Judgment upon the Administrative Record (Docket No. 14) is DENIED, and the decision of the Commissioner of...
MEMORANDUM OPINION ALETA A. TRAUGER , District Judge . This is a habeas corpus action brought by a state prisoner pursuant to 28 U.S.C. 2254. The petitioner is serving a term of 18 years imprisonment imposed by the Davidson County Criminal Court on December 15, 2011, after the petitioner pleaded guilty to four counts of burglary of an automobile, one count of theft over $500, and one count of theft over $1.000. The respondent has filed an answer to the petition (ECF No. 29) stating that...
MEMORANDUM OPINION ALETA A. TRAUGER , District Judge . Petitioner Jamie Nathaniel Grimes, a state prisoner, filed a pro se petition for the writ of habeas corpus under 28 U.S.C. 2254, challenging his judgment of conviction and sentences issued by the Davidson County Criminal Court in 2009. On September 27, 2016, the Court issued an opinion, order and judgment (ECF Nos. 19-21) dismissing the petition because it was filed nearly five months after the statute of limitations had expired. On...
REPORT AND RECOMMENDATION ALISTAIR E. NEWBERN , Magistrate Judge . To The Honorable Kevin H. Sharp: Pro se Plaintiff Justin Lee Williams filed this Section 1983 civil rights action on September 12, 2016. (Doc. No. 1.) Williams alleged, inter alia, that Defendants Troutt, McLerran, Bean, and Babbitt—all officers working in the Sumner County Jail—denied his right of access to the courts by preventing him from calling his attorney and providing postage for his legal mail, subjected him to...
MEMORANDUM ALETA A. TRAUGER , District Judge . I. Introduction Petitioner Christopher M. Black, an inmate of the Trousdale Turner Correctional Facility in Hartsville, Tennessee, has filed a pro se petition for a writ of habeas corpus brought pursuant to 28 U.S.C. 2254 challenging his 2006 conviction and sentence for two counts of aggravated rape and two counts of aggravated robbery for which he currently is serving a term of imprisonment of fifty years in the Tennessee Department...
MEMORANDUM ALETA A. TRAUGER , District Judge . Before the court are three motions for judgment on the administrative record. Two of the defendants, Eastman Chemical Company and the Eastman Chemical Company Welfare Benefit Program (collectively, "Eastman"), have filed a Motion for Judgment on the Administrative Record (Docket No. 38), to which plaintiff Gary Carty has filed a Response (Docket No. 49) and Eastman has filed a Reply (Docket No. 50). The third defendant, Metropolitan Life...
MEMORANDUM AND ORDER WAVERLY D. CRENSHAW, Jr. , District Judge . Jasmine Steele filed this civil action alleging sexual harassment during her incarceration at the Tennessee Prison for Women, sexual assault by guard Charles Edwards, and retaliation by the Montgomery County Jail staff upon reporting the alleged assault. (Doc. No. 47.) Before the Court are Beth Ashe's Motion to Dismiss (Doc. No. 53) and Motion to Ascertain Status as to Motion to Dismiss (Doc. No. 70.) For the reasons below,...
MEMORANDUM AND ORDER WAVERLY D. CRENSHAW, Jr. , District Judge . Franklin American Mortgage Company ("Franklin") filed this mortgage put-back action against JFK Financial, Inc. d/b/a Equity Direct Funding ("JFK"), alleging breach of a Correspondent Loan Purchase Agreement ("CLPA"). The Court has jurisdiction over this action under 28 U.S.C. 1441. Now pending are the parties' cross-motions for summary judgment. (Doc. No. 48, 53.) For the reasons stated below, both motions (Doc. No. 48,...
MEMORANDUM ALETA A. TRAUGER , District Judge . The court conducted a two-day bench trial in this breach of contract action on December 6-7, 2016. In accordance with Rule 52 of the Federal Rules of Civil Procedure, the court sets forth herein its findings of fact and conclusions of law. For the reasons discussed more fully below, the court will enter judgment in favor of the plaintiff, Peoples Bank of the South, in the amount of $148,700, plus attorney's fees and costs. CLAIMS The...
REPORT AND RECOMMENDATION JOE B. BROWN , Magistrate Judge . TO: THE HONORABLE ALETA A. TRAUGER The Plaintiff, Justin Williams, has filed a motion for a temporary restraining order to enjoin the Defendants from continuing to enforce their restriction of all non-legal mail to be in the form of a metered or prestamped post card (Docket Entry 20). For the reasons stated below, the Magistrate Judge recommends that the motion be denied as moot. BACKGROUND The Defendants Williams and...
