MEMORANDUM OPINION ALETA A. TRAUGER , District Judge . Pending before the court is Plaintiffs' Motion for Partial Summary Judgment on Default Interest and Liquidated Damages (Docket No. 50). Plaintiffs' Motion was filed pursuant to this court's prior Memorandum (Docket No. 46), in which the court granted Plaintiffs' Motion for Judgment on the Pleadings as to Plaintiffs' entitlement to outstanding withdrawal payments from Defendant but denied, without prejudice, Plaintiffs' Motion as to...
ORDER WAVERLY D. CRENSHAW, JR. , Chief District Judge . This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Lead counsel for the parties shall attend the initial case management conference. The parties shall be prepared to engage in a discussion with the Magistrate Judge of the substantive factual and legal issues presented, either on or off the record as the Magistrate Judge determines, such that the parties and the...
ORDER WAVERLY D. CRENSHAW, JR. , Chief District Judge . This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Lead counsel for the parties shall attend the initial case management conference. The parties shall be prepared to engage in a discussion with the Magistrate Judge of the substantive factual and legal issues presented, either on or off the record as the Magistrate Judge determines, such that the parties and the...
JURY DEMAND ALETA A. TRAUGER , District Judge . JOINT STIPULATION FOR EXTENSION OF TIME Pursuant to Local Rule 7.01 it is hereby stipulated by the Defendant, MGC Sports, LLC, that Plaintiff, Troy Merritt, shall be entitled to a ten (10) day extension of time, of up to and including December 15, 2017, in which to respond to Defendant's Motion to Bring in Additional Defendant [Doc. 11]. SO STIPULATED.
MEMORANDUM OPINION Chief Judge Crenshaw . Under an insurance policy that (1) defines actual cash value as "the cost to replace damaged property with new property of similar quality and features reduced by the amount of depreciation applicable to the damaged property immediately prior to the loss," or (2) states that "actual cash value includes a deduction for depreciation," can the insurer depreciate not only materials, but also a portion of the labor costs Because the answer to that...
REPORT AND RECOMMENDATION BARBARA D. HOLMES , Magistrate Judge . TO: Honorable Waverly D. Crenshaw, Jr., Chief District Judge By Order entered April 6, 2017 (Docket Entry No. 10), the Court referred this prisoner civil rights action to the Magistrate Judge for pretrial proceedings under 28 U.S.C. 636(b)(1)(A) and (B), Rule 72(b) of the Federal Rules of Civil Procedure, and the Local Rules of Court. Presently pending is the motion to dismiss filed by Doreen Trafton (Docket Entry No....
ORDER WAVERLY D. CRENSHAW, JR. , Chief District Judge . Magistrate Judge Brown has issued a Report and Recommendation (Doc. No. 97) in which he recommends that the Motions to Dismiss filed by Jerry W. Harris (Doc. No. 63), David Sisk (Doc. No. 66), and Callaway Dial (Doc. No. 69) be denied without prejudice. No objections have been filed. Having considered the matter de novo review as required by Rule 72 of the Federal Rules of Civil Procedure, the Court agrees with the recommended...
REPORT AND RECOMMENDATIONS MICHAEL R. MERZ , Magistrate Judge . This habeas corpus case under 28 U.S.C. 2254 is before the Court on Petitioner's Emergency Motion for Immediate Medical Treatment and Neurological Examination (ECF No. 54). The Warden opposes the Motion (ECF No. 55) and Petitioner has filed a Reply in Support (ECF No. 56). The Motion seeks relief in the nature of a preliminary injunction and is thus a dispositive motion on which the Magistrate Judge must make a recommended...
MEMORANDUM OPINION WAVERLY D. CRENSHAW, JR. , Chief District Judge . This is a habeas corpus action brought by a state prisoner pursuant to 28 U.S.C. 2254. Petitioner Christopher A. Cummins is serving a life sentence imposed by the Wayne County Criminal Court on May 26, 2011, after a jury convicted him of first-degree murder. (Doc. No. 1 at Page ID# 1.) Respondent has filed an answer to the petition (Doc. No. 15) stating that the grounds should be denied because they are without merit....
MEMORANDUM ALETA A. TRAUGER , District Judge . Plaintiffs Summit Process Design Inc. and Bruce Hazeltine (referred to herein, collectively, in the singular, as "Summit") have filed suit against defendant Hemlock Semiconductor, L.L.C. ("Hemlock"), seeking to recover, as damages for the prior breach of a settlement agreement, the attorney fees incurred as a result of that breach. Now before the court is Hemlock's Motion to Dismiss. (Doc. No. 13.) For the reasons set forth herein, the court...
ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 68) TERRENCE G. BERG , District Judge . This matter is before the Court on Magistrate Judge Barbara D. Holmes's November 27, 2017 Report and Recommendation (Dkt. 68), recommending that the motions for summary judgment filed by Defendants Robert Arnold (Dkt. 47), Rudd Medical Services, P.L.C., John Daniel Rudd and Kenneth Tucker (Dkt. 51), Melissa Foster (Dkt. 58), and James O'Rourke (Dkt. 61) be GRANTED , and that this action be DISMISSED...
REPORT AND RECOMMENDATION BARBARA D. HOLMES , Magistrate Judge . TO: Honorable Terrence G. Berg, District Judge. By Order entered August 3, 2016 (Docket Entry No. 9), this pro se and in forma pauperis action was referred to the Magistrate Judge for pretrial proceedings under 28 U.S.C. 636(b)(1)(A) and (B), Rule 72(b) of the Federal Rules of Civil Procedure, and the Local Rules of Court. Presently pending before the Court are motions for summary judgment filed by Defendants...
ORDER ALETA A. TRAUGER , District Judge . On December 5, 2017, the magistrate judge issued a Report and Recommendation (Docket No. 73), 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 defendant's Motion to Dismiss (Docket No. 63) is GRANTED as to Count I, and all claims as to gender discrimination are...
REPORT AND RECOMMENDATION JEFFERY S. FRENSLEY , Magistrate Judge . This matter is before the Court upon a "Motion to Dismiss Counts I and IV" filed by the Social Security Administration ("SSA"), which is the plaintiff, Ms. Scarbro's, employer. Docket No. 63. In its Motion, SSA argues that Ms. Scarbro fails to state a claim for gender discrimination upon which relief can be granted, and failed to exhaust her administrative remedies before asserting sexual harassment claims. Id. SSA has...
MEMORANDUM ALETA A. TRAUGER , District Judge . The Metropolitan Government of Nashville and Davidson County and Craig S. Ott (collectively, "Metro") have filed a Motion to Dismiss (Docket No. 22), to which Brandy Beckett has filed a Response (Docket No. 29). Taffy Marsh has also filed a Motion to Dismiss (Docket No. 25), to which Beckett has filed a Response (Docket No. 31), and Marsh has filed a Reply (Docket No. 38). Beckett then filed a Second Motion to Amend Complaint (Docket No. 30),...
MEMORANDUM OPINION WAVERLY D. CRENSHAW, JR. , Chief District Judge . The pro se Petitioner is a state inmate in South Central Correctional Facility in Clifton, Tennessee, serving several terms of incarceration arising from his 2001 conviction for eight felonies ranging from aggravated robbery to reckless endangerment. He alleges that the Tennessee Department of Correction (TDOC) has miscalculated his sentences and seeks a federal writ of habeas corpus pursuant to 28 U.S.C. 2241. The...
ORDER ALETA A. TRAUGER , District Judge . On October 6, 2017, the magistrate judge issued a Report and Recommendation (DE #138), objections to which have been withdrawn (Docket No. 154). 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 Comdata's Motion to Voluntarily Dismiss Counterclaim Without Prejudice (Docket No. 119) is GRANTED, with the understanding...
MEMORANDUM OPINION AND ORDER WAVERLY D. CRENSHAW, JR. , Chief District Judge . This products liability dispute hinges on a simple factual question: whether a Whirlpool freezer that Gracie Hunt bought at a Lowe's Home Center ("Lowe's") leaked refrigerant in her home, causing her injuries. (Doc. No. 1.) The Court has diversity jurisdiction over this case, pursuant to 28 U.S.C. 1332(a). (Doc. No. 72.) Lowes Home Centers, LLC, and Whirlpool Corporation collectively ask the Court to resolve...
REPORT AND RECOMMENDATION BARBARA D. HOLMES , Magistrate Judge . To: The Honorable Aleta A. Trauger, District Judge Plaintiff filed this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) to obtain judicial review of the final decision of the Social Security Administration ("Commissioner") denying Plaintiff's claim for a period of disability and Disability Insurance Benefits ("DIB"), as provided under Title II of the Social Security Act ("the Act"). The case is currently pending on...
REPORT AND RECOMMENDATION BARBARA D. HOLMES , Magistrate Judge . To: The Honorable Aleta A. Trauger, District Judge Plaintiff filed this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) to obtain judicial review of the final decision of the Social Security Administration ("Commissioner") denying Plaintiff's claim for a period of disability and Disability Insurance Benefits ("DIB"), as provided under Title II of the Social Security Act ("the Act"). The case is currently pending on...
