ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS, DENYING DEFENDANT'S MOTION TO COMPEL AS MOOT, AND ADMINISTRATIVELY CLOSING CASE J. DANIEL BREEN , District Judge . Before the Court is the March 18, 2020, joint motion of the parties to stay the proceedings pending the completion of arbitration, pursuant to 9 U.S.C. 3. (Docket Entry ("D.E.") 12.) "The Supreme Court has emphasized that, `[b]y its terms, the [FAA] leaves no place for the exercise of discretion by a district court, but...
ORDER DIRECTING CLERK TO MODIFY RESPONDENT AND DIRECTING RESPONDENT TO FILE A LIMITED RESPONSE TO THE AMENDED PETITION J. DANIEL BREEN , District Judge . On July 15, 2019, Petitioner, Mack Transou, filed, in the United States District Court for the Eastern District of Tennessee, an amended pro se habeas corpus petition (the "Amended Petition") pursuant to 28 U.S.C. 2254. (Docket Entry ("D.E.") 21.) 1 On November 8, 2019, the Honorable Pamela L. Reeves, Chief United States District Judge...
ORDER GRANTING MOTION FOR ATTORNEY'S FEES S. THOMAS ANDERSON , Chief District Judge . Upon consideration of Plaintiff's counsel's motion for attorney's fees pursuant to 42 U.S.C. 406(b) 1 (ECF No. 24), the Court finds the following: Plaintiff filed this action to obtain judicial review of Defendant Commissioner's final decision denying his application for disability benefits under the Social Security Act. On April 10, 2019, upon motion of the Commissioner, the Court entered an order...
ORDER REINSTATING ORIGINAL SENTENCE AND GRANTING MOTION TO SELF-SURRENDER JAMES D. TODD , District Judge . This Court granted relief to Defendant Rocky Morris White pursuant to 28 U.S.C. 2255 based on the decisions in Johnson v. United States , 135 S.Ct. 2551 (2015), and United States v. Stitt , 860 F.3d 854 (6th Cir. 2017) ( Stitt I ). A second amended criminal judgment 1 was entered on August 16, 2017, reducing White's sentence to time served, and the United States appealed....
ORDER DIRECTING UNITED STATES TO RESPOND TO 2255 PETITION S. THOMAS ANDERSON , Chief District Judge . On March 4, 2020, Petitioner Robert Newsome filed a pro se motion to vacate, set aside, or correct his sentence (the "Petition"), pursuant to 28 U.S.C. 2255. (ECF No. 1.) The Petition is before the Court for preliminary review. Newsome asserts that his defense attorney provided ineffective assistance in two respects. He alleges in Claim 1 that counsel had a conflict of interest at...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ON OCWEN'S MOTION FOR SANCTIONS AND TO DISMISS SHERYL H. LIPMAN , District Judge . Before the Court is the Chief Magistrate Judge's Report and Recommendation on Ocwen's Motion for Sanctions and to Dismiss, filed February 11, 2020. (ECF No. 130.) Plaintiff objected on February 27, 2020. (ECF No. 135.) For the reasons set forth below, the Chief Magistrate Judge's Order is ADOPTED , Defendant's Motion to Dismiss is GRANTED in Part...
ORDER DENYING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS J. DANIEL BREEN , UNITED STATES DISTRICT JUDGE . INTRODUCTION AND BACKGROUND On September 20, 2019, the Plaintiff, Iron Horse Energy Services, Inc. ("Iron Horse"), filed its amended complaint against the Defendant, Southern Concrete Products, Inc. ("SCP"). (Docket Entry ("D.E.") 63.) Before the Court is Defendant's motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure (D.E. 70),...
ORDER ADOPTING IN PART MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION JOHN T. FOWLKES, JR. , District Judge . Plaintiff/Counter-Defendant Tracy Miller ("Plaintiff") filed his Second Amended Complaint in this case on May 30, 2019. (ECF No. 35.) The Defendants, Canadian National Railway Company ("CN") and Illinois Central Railroad Company ("IC") ("Defendants"), together with Third-Party Plaintiff Grand Trunk Corporation ("Grand Trunk") (collectively "CN Parties"), filed Counterclaims/Third-...
ORDER DENYING MOTION FOR REVISION, GRANTING IN PART MOTION TO CLARIFY, AND DENYING MOTION FOR SANCTIONS TU M. PHAM , Magistrate Judge . Before the court are Geico Advantage Insurance Company's ("Geico") motion for revision, or in the alternative, clarification of its prior order and Jonathan M. Weimar's motion for sanctions. (ECF Nos. 41 & 45.) For the reasons below, the motion for revision is DENIED, the motion to clarify is GRANTED IN PART, and the motion for sanctions is DENIED. I....
ORDER SAMUEL H. MAYS, JR. , District Judge . Before the Court is Defendant City of Memphis, Tennessee's (the "City") combined Motion to Stay and Motion to Strike Plaintiff's Response to the City's Motion for Judgment on the Pleadings. (ECF No. 34.) Plaintiff Brandon Boddy responded on February 24, 2020. (ECF No. 35.) Defendant Officers D. Kinsler and W. Carter (the "Officers") have not filed any memoranda or motions with the Court addressing the City's Motion or Boddy's response. 1 For...
ORDER GRANTING DEFENDANT FEDEX CORPORATE SERVICES, INC.'S MOTION FOR SUMMARY JUDGMENT JON P. McCALLA , District Judge . This reverse employment discrimination case involves an employee who was suspended for filing a false police report in which he claimed to be the victim of racially inspired threats and assault. Plaintiff subsequently suffered a stroke and requested an accommodation under the ADA in the form of reassignment to a different manager. The case is before the Court on Defendant'...
ORDER OF DISMISSAL, ORDER DENYING CERTIFICATE OF APPEALABILITY, ORDER CERTIFYING APPEAL NOT TAKEN IN GOOD FAITH, AND ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL THOMAS L. PARKER , District Judge . Petitioner Adrian Delk 1 sued pro se under 28 U.S.C. 2244. (ECF No. 1.) He amended his petition in early 2018. (ECF No. 40.) Respondent Grady Perry filed the state court record (ECF No. 43), and then answered the amended petition 2 (ECF No. 77). Petitioner replied to that...
ORDER DIRECTING CLERK TO MODIFY RESPONDENT, DISMISSING 2254 PETITION WITHOUT PREJUDICE, DENYING PETITIONER'S MOTIONS AS MOOT, DENYING CERTIFICATE OF APPEALABILITY, AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS S. THOMAS ANDERSON , Chief District Judge . Before the Court for preliminary review is Petitioner Matthew James Sealey's pro se 28 U.S.C. 2254 habeas corpus petition (the "Petition"). (ECF No. 1.) Also before the Court are Petitioner's two motions for leave to proceed in...
ORDER GRANTING PLAINTIFF'S SECOND MOTION TO COMPEL TU M. PHAM , Magistrate Judge . Before the court is April Malone and Celitria Watson's motion to compel the production of documents from the City of Memphis or in the alternative for the City to produce a sworn statement explaining why the documents cannot be produced. 1 (ECF No. 137.) Malone and Watson specifically request unaltered, original text messages between themselves and Kendrick Watson. (ECF No. 137.) In the City of Memphis's...
ORDER DENYING DEFENDANT'S AMENDED MOTION TO DISMISS COUNT SEVEN OF THE INDICTMENT NUNC PRO TUNC J. DANIEL BREEN , District Judge . This case began with a nine-count indictment against Defendants Cordarious Baltimore and Lacey Jeter for violations of 18 U.S.C. 922(g) and 924(c), as well as for Hobbs Act robbery in violation of 18 U.S.C. 1951, arising from a series of heists that occurred in April 2016 in western Tennessee. (Docket Entry ("D.E.") 2.) On January 22, 2019, Johnny Lee...
ORDER HOLDING PROCEEDINGS IN ABEYANCE AND DIRECTING CLERK TO ADMINISTRATIVELY CLOSE CASE J. DANIEL BREEN , District Judge . Petitioner, Dennis Darnell Ervin, filed a pro se motion to vacate, set aside, or correct his sentence (the "Petition"), pursuant to 28 U.S.C. 2255, asserting that he no longer qualifies for an enhanced sentence under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. 924(e)(1), after the United States Supreme Court's decision in Johnson v. United States , 135 S....
ORDER ADOPTING REPORT AND RECOMMENDATION THOMAS L. PARKER , District Judge . Pro se Plaintiff, H. Brent, sued Defendant, Department of Veteran's Affairs Debt Management Center, alleging violations of his civil rights under 42 U.S.C. 1983. (ECF No. 1.) Under Administrative Order 2013-05, the case was referred to the Magistrate Court for management of all pretrial proceedings. (Admin. Order 2013-05, Apr. 29, 2013.) Defendant moved to dismiss Plaintiff's claims for lack of subject matter...
REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO DISMISS and ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT and ORDER DENYING PLAINTIFF'S MOTION TO COMPELL and PLAINTIFF'S MOTION TO AMEND AS MOOT DIANE K. VESCOVO , Chief Magistrate Judge . On July 11, 2019, the plaintiff, H. Brent ("Brent"), filed a pro se "Complaint for Violation of Civil Rights Under 42 U.S.C. 1983" against the defendant, the Department of Veterans Affairs Debt Management Center ("the DMC"). (Compl., ECF No. 1.) Also,...
ORDER DENYING PLAINTIFF'S SECOND MOTION TO COMPEL TU M. PHAM , Magistrate Judge . Before the court is Quannah Harris's second motion to compel documents from John McClain. 1 (ECF No. 44.) Previously, the court granted in part Harris's first motion to compel. (ECF No. 40.) The court ordered that McClain was to produce "a copy of those portions of his notary book or books created since January 1, 2014 to the date of the filing of the complaint." (ECF No. 40.) In response, McClain submitted...
ORDER DENYING MOTION FOR DETERMINATION ORDER DENYING MOTION FOR BIRFUCATION S. THOMAS ANDERSON , Chief District Judge . Before the Court is Defendants Trevor Willis, Marcia Adams, Michael Hughes, and Virginia King's Motion for Bifurcation (ECF No. 23) filed January 22, 2020, and Motion for the Court to Determine Conflict of Interest (ECF No. 25) filed January 23, 2020. 1 Defendant Shelia G. Willis has responded in opposition to the Motion for Bifurcation but has not responded to the...
