ORDER ADOPTING REPORT AND RECOMMENDATIONS J. DANIEL BREEN , Chief District Judge . Pursuant to orders of reference, the magistrate judge entered two reports and recommendations ("R&Rs"): one on September 16, 2015, recommending that a default judgment for damages totaling $1,211,932.42 be granted to Plaintiff, Ashjaar for Export and Import of Plants Company (Docket Entry "D.E." 20); the other on November 25, 2015 (D.E. 24), recommending that pro se Defendant Gregory Wright's motion to set...
ORDER FOLLOWING CLAIM CONSTRUCTION HEARING JON P. McCALLA , District Judge . Before the Court is the parties' request for claim construction pursuant to Markman v. Westview Instruments, Inc. , 52 F.3d 967 (Fed. Cir. 1995) (en banc). I. BACKGROUND A. Factual Background Plaintiff AngleFix, LLC ("AngleFix" or "Plaintiff") is a North Carolina corporation with its principal place of business in North Carolina. ( Compl. 5, ECF No. 1.) Defendant Wright Medical Technology, Inc. ("Wright...
ORDER TO MODIFY THE DOCKET, DISMISSING CERTAIN CLAIMS AND DIRECTING RESPONDENT TO FILE A SUPPLEMENTAL ANSWER ADDRESSING THE REMAINING ISSUE J. DANIEL BREEN , Chief District Judge . Before the Court is the petition under 28 U.S.C. 2254 for writ of habeas corpus by a person in state custody (the "Petition") filed by Petitioner, Gary F. Reeves, Tennessee Department of Correction ("TDOC") prisoner number 217481, who is currently an inmate at the Northeast Correctional Complex ("NECX") in...
ORDER GRANTING IN PART THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT J. DANIEL BREEN , CHIEF UNITED STATES DISTRICT JUDGE . INTRODUCTION Plaintiff, GTP Structures I, LLC ("GTP"), brought this action on November 25, 2014, pursuant to this Court's diversity jurisdiction under 28 U.S.C. 1332, against Defendant, Wisper II, LLC ("Wisper II"), alleging claims for breach of contract, unjust enrichment, and mandatory injunctive relief. 1 (Docket Entry ("D.E.") 1.) Before the Court are the...
ORDER DENYING MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION DUE TO MOOTNESS J. DANIEL BREEN , Chief District Judge . On December 17, 2013, the National Labor Relations Board ("N.L.R.B.") applied to this Court for an order enforcing a subpoena duces tecum under Section 11(2) of the National Labor Relations Act ("the Act"). 29 U.S.C. 151-169 (2015). (Docket Entry ("D.E.") 1.) The subpoena arises from a pending unfair labor practice proceeding related to Tiffney Penley. On...
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE J. DANIEL BREEN , Chief District Judge . This action was brought on October 7, 2014, by the pro se Plaintiff, Davis Hines, against the Defendants, D&S Residential Services, D&S Community Services and Angela Strayhorn, alleging retaliation and employment discrimination on the bases of race and sex in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. (D.E. 1.) In an order docketed May 7, 2015,...
JURY TRIAL DEMANDED EDWARD G. BRYANT , Magistrate Judge . REPORT AND RECOMMENDATION Plaintiff filed his lawsuit on October 7, 2014 and was granted leave to proceed in forma pauperis. He then amended his complaint. This Magistrate Judge recommended that the allegations of the amended complaint should not survive screening and be dismissed, except for his retaliation claims. Without objection by the Plaintiff, the District Court adopted these recommendations [D.E. 11]. Thereafter, this...
ORDER AFFIRMING DECISION OF COMMISSIONER CHARMIANE G. CLAXTON , Magistrate Judge . Plaintiff has filed this action to obtain judicial review of Defendant Commissioner's final decision denying his application for disability insurance benefits ("DIB") and supplemental security income ("SSI") under Titles II and XVI of the Social Security Act ("Act"), 42 U.S.C. 401-434, 1381-1385. By consent of the parties, this case has been referred to the United States Magistrate Judge to conduct all...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT J. DANIEL BREEN , Chief District Judge . Plaintiff, Thomas L. Swift, brought this action on January 22, 2015, pursuant to 42 U.S.C. 1983, against Defendants, Officer B. Lambert, individually; Officer Travis G. McNatt, individually; and Officer C. Morgan, individually, alleging use of excessive force in violation of his Fourth Amendment rights. (Docket Entry ("D.E.") 1.) McNatt moved for summary judgment pursuant to Rule 56 of the...
ORDER AFFIRMING DECISION OF COMMISSIONER CHARMIANE G. CLAXTON , Magistrate Judge . Plaintiff has filed this action to obtain judicial review of Defendant Commissioner's final decision denying his application for disability insurance benefits ("DIB") and supplemental security income ("SSI") under Titles II and XVI of the Social Security Act ("Act"), 42 U.S.C. 401-434, 1381-1385. By consent of the parties, this case has been referred to the United States Magistrate Judge to conduct all...
FINDINGS OF FACT AND CONCLUSIONS OF LAW S. THOMAS ANDERSON , District Judge . Plaintiff Maverick Group Marketing, Inc. ("Maverick"), filed this breach of contract lawsuit against Defendants Worx Environmental Products of Canada, Inc. d/b/a Worx Environmental Product, Inc., and Worx Environmental Products, LTD. d/b/a Worx Environmental Products, Inc. (collectively "Worx"). 1 Worx filed a counterclaim, asserting that Maverick breached the agreement, misrepresented a material fact, and...
ORDER DENYING MOTION TO DISMISS BY DEFENDANT, CHEMRING NORTH AMERICA GROUP, INC. J. DANIEL BREEN , Chief District Judge . On February 2, 2015, Plaintiff, Katherine A. Chism, individually, as next-of-kin and surviving spouse of Michael Lewis Chism, deceased, brought this diversity action for wrongful death against Defendants, Chemring North America, d/b/a/Chemring Countermeasures (USA) and Chemring Countermeasures, LTD, f/k/a Allow Surfaces and Kilgore Flares, in its assumed or common name,...
ORDER GRANTING DEFENDANT'S MOTION TO TRANSFER VENUE S. THOMAS ANDERSON , District Judge . Before the Court is Defendants G2 Engineering & Management, Inc. and Michael Twine's Motion to Transfer Venue (ECF Nos. 14, 15) filed on October 15, 2015. Defendants request that the Court transfer this action to the United States District Court for the Eastern District of Tennessee. Local Rule 7.2(a)(2) allows a non-moving party to respond to a motion within 14 days of the service of the motion....
ORDER DENYING PLAINTIFF'S MOTION FOR RELIEF FROM JUDGMENT JAMES D. TODD , District Judge . The pro se prisoner Plaintiff, Christopher J. Gross, filed this action pursuant to 42U.S.C. 1983 on February 27, 2013. (ECF No. 1.) On December 10, 2013, the Court partially dismissed the complaint and ordered that process be served on Defendants Tasma Graham-Doaks and Felicia Jones. (ECF No. 5.) An initial scheduling order was entered on February 26, 2014. (ECF No. 14.) Defendants filed a...
ORDER DENYING PLAINTIFFS AND RECEIVER'S MOTION TO STRIKE (ECF NO. 532); DENYING DEFENDANTS LARRY BATES AND BARBARA BATES' MOTION TO DISMISS EX PARTE PRE-JUDGMENT ATTACHMENT ORDERS OF 8/6/2015 AND 8/7/2015 (ECF NO. 513); DENYING DEFENDANTS LARRY BATES AND BARBARA BATES MOTION TO STAY PROCEEDINGS AND RETURN PROPERTY ATTACHED TO DEFENDANTS AND FOR THE APPOINTMENT OF COUNSEL (ECF NO. 514); AND DENYING DEFENDANTS LARRY BATES AND BARBARA BATES' MOTION TO DISMISS EX PARTE PREJUDGMENT ATTACHMENT ORDERS...
FINAL JUDGMENT BY CONSENT J. DANIEL BREEN , Chief District Judge . Pursuant to the consent of the parties, Plaintiff United States of America (the "United States") and Defendants, Donald Wiggins, M. Jerline Wiggins, Kimberly Wiggins McDonald, and Amanda Wiggins McKee (the "Defendants") it is hereby ORDERED, ADJUDGED, AND DECREED that: 1. This Court has jurisdiction over the subject matter of this litigation and over all parties thereto. The Complaint herein states a claim upon which...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS JON P. McCALLA , District Judge . Before the Court is Defendant Ally Financial, Inc.'s ("Defendant") Motion to Dismiss, filed August 4, 2015. (ECF No. 5.) Plaintiff Heather P. Hogrobrooks Harris ("Plaintiff") timely responded in opposition on August 20, 2015. (ECF No. 10.) Defendant filed a Reply on August 28, 2015. (ECF No. 11.) The Court held a telephonic hearing on the Motion to Dismiss on September 1, 2015. (Min....
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION S. THOMAS ANDERSON , District Judge . Before the Court is the United States Magistrate Judge' Report and Recommendation that Defendants' motion to dismiss the first amended complaint (ECF No. 17) be granted. 1 Chief Magistrate Judge Diane K. Vescovo submitted her Report and Recommendation on October 13, 2015. (ECF No. 30.) Plaintiff Gwendolyn King has filed objections to the Magistrate Judge's Report (ECF No. 31) and amended...
ORDER ADOPTING REPORT AND RECOMMENDATION ON DEFENDANT'S [28] MOTION TO SUPPRESS JON P. McCALLA , District Judge . Pending before the Court is the Report and Recommendation of Magistrate Judge Diane K. Vescovo, submitted November 9, 2015 (ECF No. 40), recommending that Defendant Trevis Green's Motion to Suppress (ECF No. 28) be denied. Objections to the Magistrate Judge's Report and Recommendation were due by November 23, 2015. The time period for objections to the Report and...
REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO SUPPRESS DIANE K. VESCOVO , Magistrate Judge . On March 26, 2015, the grand jury returned a one-count indictment charging the defendant Trevis Green ("Green"), with possession of a firearm as a convicted felon in violation of 18 U.S.C. 922(g). (Indictment, ECF No. 1.) Before the court is Green's September 1, 2015 motion to suppress a firearm obtained by Memphis Police Department ("MPD") officers from a warrantless search of American Inn...
