REPORT AND RECOMMENDATION CHARMIANE G. CLAXTON , Magistrate Judge . Before the court, by way of Order of Reference (D.E. # 21), is the Plaintiff's motion for attorney's fees in the amount of $2,444.40 under the Equal Access to Justice Act (EAJA), as codified at 28 U.S.C. 2412(d). Defendant filed a response stating that she has a limited objection to the fee application. To be eligible for an EAJA fee award, four requirements must be satisfied: (1) the claimant is a "prevailing party"; (...
REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION TO DISMISS DIANE K. VESCOVO , Chief Magistrate Judge . On July 15, 2016, the plaintiff, Felicia Johnson ("Johnson"), filed a pro se complaint against Shelby County Sheriff William Oldham and the Shelby County Sheriff's Office (collectively "the Defendants"), 1 alleging gender discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. ("Title VII"). (Compl., ECF No. 1.) Johnson paid...
ORDER AFFIRMING IN PART AND REVERSING IN PART THE BANKRUPTCY COURT DECISION AND REMANDING FOR FURTHER PROCEEDINGS SHERYL H. LIPMAN , District Judge . Appellant Michael E. Collins (the "Trustee") appeals the decision of the Bankruptcy Court denying his motion for sanctions against Appellee Tennessee Department of Revenue (the "TDOR"). For the following reasons, the Court AFFIRMS IN PART AND REVERSES IN PART the Bankruptcy Court Decision and REMANDS for further proceedings. STATEMENT OF...
REPORT AND RECOMMENDATION TU M. PHAM , Magistrate Judge . Before the court by order of reference dated October 17, 2016, (ECF No. 16) is plaintiff Jennifer Patterson's appeal from a final decision of the Commissioner of Social Security ("Commissioner") denying her application for disability insurance benefits and supplemental security income under Title II and Title XVI of the Social Security Act ("Act"), 42 U.S.C. 401 et seq . For the reasons set forth below, it is recommended that...
REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION TO DISMISS DIANE K. VESCOVO , Chief Magistrate Judge . On August 24, 2016, the plaintiff, Tyree C. Smith ("Smith"), filed a pro se complaint under 42 U.S.C. 1983, against Sheriff Bobby Riles ("Sheriff Riles"), Chief Deputy Ricky Wilson ("Chief Deputy Wilson"), and the Fayette County Sheriff's Department (collectively, "the Defendants") alleging generally, among other things, violation of his constitutional rights. (ECF No. 1.) He paid the...
ORDER SAMUEL H. MAYS, Jr. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation dated December 6, 2016 (the "Report"). The Report recommends that the Court deny the Motion to Dismiss or in the Alternative for a More Definite Statement ("Motion to Dismiss") filed by Defendant United States Treasury Department (the "Department") on June 13, 2016 (ECF No. 10) to the extent the Motion seeks dismissal of the Complaint filed by Plaintiff Chandranita Ankton on...
REPORT AND RECOMMENDATION ON THE DEFENDANT'S MOTION TO DISMISS and ORDER GRANTING DEFENDANT'S MOTION FOR A MORE DEFINITE STATEMENT and ORDER DENYING PLAINTIFF'S MOTION TO AMEND COMPLAINT DIANE K. VESCOVO , Magistrate Judge . On October 23, 2015, the plaintiff, Chandranita M. Ankton ("Ankton"), filed a pro se employment retaliation complaint against the defendant, the United States Treasury Department ("the Department"), alleging that the Department retaliated against her for...
ORDER AFFIRMING THE DECISION OF THE COMMISSIONER S. THOMAS ANDERSON , District Judge . Plaintiff Wanda Kelley, as guardian of B.F., a minor, filed this action to obtain judicial review of Defendant Commissioner's final decision denying the application of B.F. for childhood Supplemental Security Income ("SSI") benefits under Title XVI of the Social Security Act ("Act"). The application was denied initially and upon reconsideration by the Social Security Administration. Plaintiff then...
ORDER REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(G) S. THOMAS ANDERSON , District Judge . Plaintiff Travis Godwin filed this action to obtain judicial review of Defendant Commissioner's final decision denying his application for disability insurance benefits under Title II of the Social Security Act ("Act") and an application for supplemental security income ("SSI") benefits based on disability under Title XVI of the Act. Plaintiff'...
ORDER GRANTING DEFENDANTS CITY OF MEMPHIS AND MEMPHIS POLICE DEPARTMENT'S MOTION ON THE PLEADINGS TO PARTIALLY DISMISS PLAINTIFF'S TITLE VII CLAIM JON P. McCALLA , District Judge . Before the Court is Defendants City of Memphis and Memphis Police Department (collectively "Defendants")'s Motion on the Pleadings to Partially Dismiss Plaintiff's Title VII Claim, filed October 19, 2016. (ECF No. 19.) Plaintiff Davin Clemons filed a response in opposition on November 16, 2016. (ECF No. 21.)...
ORDER SAMUEL H. MAYS, Jr. . District Judge . Before the Court are two motions. On December 1, 2016, Defendants City of Memphis, Chris Miller, Guy Hendree, Darnell Bridgeforth, and John Barrett ("Defendants") filed a Joint Motion to Dismiss. (Defs.' Jt. Mot. to Dismiss and Mem. in Supp., ECF No. 59 ("Second Mot. to Dismiss").) On December 12, 2016, Plaintiffs' counsel filed a Response in Support of Defendants' Joint Motion to Dismiss. (ECF No. 60 ("Second Mot. to Dismiss Resp.").) On...
ORDER GRANTING DEFENDANT HANKOOK AMERICA'S MOTION FOR SUMMARY JUDGMENT J. DANIEL BREEN , Chief District Judge . Before the Court is the June 6, 2016, motion for summary judgment filed by one of the Defendants, Hankook Tire America Corporation ("Hankook America"), pursuant to Federal Rule of Civil Procedure 56. (D.E. 197.) Plaintiffs, Lisa C. Cone and Timothy H.L. Frazier, responded in opposition, (D.E. 217), and Defendant filed a reply, (D.E. 229), making this matter ripe for disposition....
ORDER DENYING IN PART MOTION FOR CONDITIONAL CLASS CERTIFICATION S. THOMAS ANDERSON , District Judge . Before the Court is Plaintiffs Foti Karastamatis and Pete Quimby's Motion for Conditional Certification (ECF No. 44) filed on June 30, 2016. Defendant DeVere Construction Company, Inc. ("DeVere") has filed a response in opposition. For the reasons set forth below, Plaintiffs' Motion for Conditional Certification is DENIED IN PART. On June 28, 2016, Plaintiffs filed an Amended Complaint...
ORDER GRANTING MOTION PURSUANT TO 28 U.S.C. 2255 JAMES D. TODD , District Judge . Movant Billy Ed Kemp, through counsel, filed a motion pursuant to 28 U.S.C. 2255 on April 15, 2016, challenging the prior convictions that were used to enhance his sentence under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. 924(e). Kemp relies on the decision in Johnson v. United States, 135 S.Ct. 2551 (2015), to support the contention that his ACCA-enhanced sentence is unconstitutional. In...
CONSENT DECREE J. DANIEL BREEN , Chief District Judge . 1. On November 10, 2014, the United States filed this action to enforce the provisions of Title VIII of the Civil Rights Act of 1968 (the "Fair Housing Act" or the "FHA"), as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. 3601-3619. The United States brought this action on behalf of Kayla L. Marr (formerly, Wallace) and her two minor children, A.M. and L.M. pursuant to Section 812(o) of the Fair Housing Act, 42 U.S....
ORDER DENYING AND DISMISSING MOTION PURSUANT TO 28 U.S.C. 2255, DENYING CERTIFICATE OF APPEALABILITY, CERTIFYING APPEAL NOT TAKEN IN GOOD FAITH, AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL J. DANIEL BREEN , Chief District Judge . Before the Court is the 28 U.S.C. 2255 (" 2255") petition of Donald Priddy, pro se, to vacate, set aside, or correct his sentence (the "Petition"). (Electronic Case File ("ECF") No. 1). Priddy, Bureau of Prisons ("BOP") register number...
ORDER ON DEFENDANT'S MOTIONS IN LIMINE J. DANIEL BREEN , Chief District Judge . Before the Court are two motions in limine filed on October 1, 2016, by the Defendant, Unimin Corporation ("Unimin"). (Docket Entry ("D.E.") 26-27.) According to the complaint, Plaintiff Dale Berman 1 was performing his duties as an engineer on a CSX Transportation ("CSX") train running in the area of an industrial plant operated by the Defendant near Camden, Tennessee, on October 26, 2014. The property, on...
ORDER ADOPTING THE REPORTS AND RECOMMENDATIONS JON P. McCALLA , District Judge . Before the Court is the Report and Recommendation filed by the Magistrate Judge on November 21, 2016. (ECF No. 28.) In the Report and Recommendation, the Magistrate Judge recommends that Defendant's Motion to Dismiss (ECF No. 17) be denied and that Plaintiff be allowed 14 days in which to pay the filing fee and to reimburse the United States Marshals Service the cost of the service of process. ( Id. at PageID...
ORDER DENYING DEFENDANT'S AMENDED MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE, AND DENYING A CERTIFICATE OF APPEALABILITY ROBERT H. CLELAND , District Judge . Pending before the court is Defendant Larry Boatwright's Amended Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255 based on the ineffective assistance of his trial counsel. (Dkt. #171.) The Government has responded, (Dkt. #174), and Defendant has replied, (Dkt. #178). The court held an evidentiary hearing on...
ORDER WITHDRAWING REFERRAL (D.E. 140) & GRANTING PLAINTIFF'S MOTION FOR CONDITIONAL CERTIFICATION (D.E. 137) J. DANIEL BREEN , Chief District Judge . On January 30, 2013, Plaintiff, Leah Redmond, filed a complaint on behalf of herself and others similarly situated against Defendant, NPC International, Inc. ("NPC"), alleging that NPC violated the Fair Labor Standards Act ("FLSA") by failing to compensate her and others similarly situated as required by statute. (Docket Entry ("D.E.") 1.)...
