MEMORANDUM OPINION AND ORDER SIDNEY A. FITZWATER, Chief Judge. Defendant-counterplaintiff-third-party plaintiff ThermoTek, Inc. ("ThermoTek"), objects to the magistrate judge's September 23, 2013 order (1) denying ThermoTek's motion for ruling on "trade secrets privilege" and to compel plaintiffs-counterdefendants Motion Medical Technologies, LLC ("Motion Medical"), Wabash Medical Company, LLC ("Wabash Medical"), Mike Wilford ("Wilford"), Tri 3 Enterprises, LLC ("Tri 3"), and Orthoflex, Inc.,...
MEMORANDUM OPINION AND ORDER REED O'CONNOR, District Judge. Before the Court are: Allison R. Smith's Motion to Dismiss pursuant to Rule 12(b)(6), filed August 26, 2013 (ECF No. 53); Correctional Healthcare Management, Inc.'s Motion to Dismiss pursuant to Rule 12(b)(6), filed August 26, 2013 (ECF No. 57); Defendant Wichita County's Motion to Dismiss, filed August 30, 2013 (ECF No. 62); and Rule 12(b)(6) Motion to Dismiss of Duke, Callahan, Meador, Johns and Whipple, filed August 30, 2013 (...
MEMORANDUM OPINION AND ORDER PAUL D. STICKNEY, United States Magistrate Judge. In this case brought under 42 U.S.C. 1983, Defendants Wichita County and Dr. Daniel H. Bolin have filed separate motions for reconsideration of the orders denying summary judgment in their favor. For the reasons stated, Defendants' motions are GRANTED, and Plaintiffs' claims are DISMISSED with prejudice. Background This is a civil rights action brought by family members of Wilbert Lee Henson, a pretrial...
MEMORANDUM OPINION AND ORDER SAM A. LINDSAY, District Judge. Before the court is Defendant Wells Fargo Bank, N.A.'s Motion to Dismiss Plaintiff's First Amended Complaint (Doc. 17), filed January 17, 2013. On April 23, 2013, the motion was referred to United States Magistrate Judge Paul D. Stickney for findings and recommendation (Doc. 29). The court vacates the order of reference (Doc. 29). After carefully considering the motion, briefing, pleadings, and applicable law, the court concludes...
MEMORANDUM OPINION AND ORDER SIDNEY A. FITZWATER, Chief Judge. In this memorandum opinion and order, the court addresses seven motions to strike expert testimony. I As a result of the proceedings and rulings in these consolidated cases, the following claims remain for trial: (1) the claims of Motion Medical Technologies, LLC ("Motion Medical"), Wabash Medical Company, LLC ("Wabash Medical"), Mike Wilford ("Wilford"), Tri 3 Enterprises, LLC ("Tri 3"), and Orthoflex, Inc., d/b/a Integrated...
MEMORANDUM OPINION AND ORDER A. JOE FISH, Senior District Judge. Before the court are (1) the defendant's motion to apply Ohio law (docket entry 15) and (2) the defendant's motion for summary judgment (docket entry 16). For the reasons stated below, the motion to apply Ohio law is granted, and the motion for summary judgment is denied. I. BACKGROUND A. Factual Background This case concerns a slip and fall in the lobby of a hotel in Cleveland, Ohio. Byron Hooper checked into a Marriott...
ORDER DAVID C. GODBEY, District Judge. After conducting a review of the pleadings, files, and records in this case and the Findings, Conclusions, and Recommendations of the United States Magistrate Judge in accordance with 28 U.S.C. 636(b)(1), I am of the opinion that the Findings, Conclusions, and Recommendations of the Magistrate Judge are correct, and they are hereby accepted as the findings of the Court. Defendant Yolanda Suarez's motion to dismiss [13] is denied in part and granted in...
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS AND ORDER DENYING CERTIFICATE OF APPEALABILITY TERRY R. MEANS, District Judge. In this action brought by petitioner Dieudonne Kazabukeye under 28 U.S.C. 2254, the Court has made an independent review of the following matters in the above-styled and numbered cause: 1. The pleadings and record; 2. The proposed findings, conclusions, and recommendation of the United States magistrate judge filed on August 5, 2013; 3. The petitioner'...
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE PAUL D. STICKNEY, Magistrate Judge. This case has been referred to the United States Magistrate Judge pursuant to 28 U.S.C. 636(b) and a standing order of reference from the district court. The Findings, Conclusions and Recommendation of the Magistrate Judge are as follows: I. Background Petitioner challenges his two convictions for aggravated robbery with a deadly weapon. State of Texas v. Anthony Stephen...
MEMORANDUM OPINION AND ORDER DAVID L. HORAN, Magistrate Judge. Plaintiff Deana Nichols seeks judicial review of a final adverse decision of the Commissioner of Social Security pursuant to 42 U.S.C. 405(g). For the reasons stated herein, the hearing decision is reversed and remanded. Background Plaintiff alleges that she is disabled as a result of major depressive disorder with psychotic features, post-traumatic stress disorder, bipolar disorder mixed with psychosis, anxiety disorder, and...
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY ED KINKEADE, District Judge. After reviewing all relevant matters of record, including the Notice Regarding Entry of a Plea of Guilty, the Consent of the defendant, and the Report and Recommendation Concerning Plea of Guilty of the United States Magistrate Judge, and no objections thereto having been filed within fourteen days of service in accordance with 28 U.S.C. 636(b)(1), the...
ORDER SAM A. LINDSAY, District Judge. Before the court is Defendant's Motion to Dismiss Plaintiff's First Amended Complaint ("Motion to Dismiss"), filed on January 17, 2013 [Dkt. No. 26]. The case was referred to Magistrate Judge David L. Horan, who entered Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") on April 26, 2013 [Dkt. No. 35], recommending that the Motion to Dismiss be granted in part and denied in part. Plaintiff Rose Mary Miller timely...
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND ADJUDGING DEFENDANT GUILTY TERRY R. MEANS, District Judge. After reviewing all relevant matters of record, including the Consent to Administration of Guilty Plea and Federal Rule of Criminal Procedure 11 Allocution by United States Magistrate Judge and the Report and Recommendation on Plea Before the United States Magistrate Judge, and no objections thereto having been filed within fourteen (14) days of...
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE DAVID L. HORAN, Magistrate Judge. This case has been referred to the undersigned magistrate judge for pretrial management pursuant to 28 U.S.C. 636(b) and an order of reference from the District Court. The undersigned issues the following findings of fact, conclusions of law, and recommendation that the case be dismissed without prejudice. Factual Background Plaintiff Benjamin Ewing, who is appearing pro se,...
ORDER SAM A. LINDSAY, District Judge. Petitioner William Daryn Brown ("Petitioner"), proceeding pro se, filed the above-styled petition for habeas corpus pursuant to 28 U.S.C. 2241. The case was referred for screening to Magistrate Judge Paul D. Stickney, who entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") on July 26, 2013, recommending that this action be dismissed as moot because, after Petitioner filed this action, the state criminal...
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY SAM A. LINDSAY, District Judge. After reviewing all relevant matters of record, including the Notice Regarding Entry of a Plea of Guilty, the Consent of Defendant, and the Report and Recommendation Concerning Plea of Guilty of the United States Magistrate Judge ("Report"), and no objections thereto having been filed within fourteen days of service in accordance with 28 U.S.C. 636(b)(1),...
ORDER SAM A. LINDSAY, District Judge. Before the court is Plaintiffs' Motion for Attorney's Fees (Doc. 141), filed January 22, 2013, which was referred to Magistrate Judge Paul D. Stickney, who entered Findings, Conclusions and Recommendation of the United States Magistrate Judge ("Report") on August 20, 2013, recommending that the motion be denied. Plaintiffs filed objections to the Report on September 3, 2013, contending that they are prevailing parties because they prevailed on their...
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY REED C. O'CONNOR, District Judge. After reviewing all relevant matters of record, including the Notice Regarding Entry of a Plea of Guilty, the Consent of the defendant, and the Report and Recommendation Concerning Plea of Guilty of the United States Magistrate Judge, and no objections thereto having been filed within fourteen days of service in accordance with 28 U.S.C. 636(b)(1), the...
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE CONCERNING PLEA OF GUILTY REED C. O'CONNOR, District Judge. After reviewing all relevant matters of record, including the Notice Regarding Entry of a Plea of Guilty, the Consent of the defendant, and the Report and Recommendation Concerning Plea of Guilty of the United States Magistrate Judge, and no objections thereto having been filed within fourteen days of service in accordance with 28 U.S.C. 636(b)(1), the...
ORDER ACCEPTING FINDINGS, COCLUSIONS, AND RECOMMENDTION OF THE UNITED STATES MAGISTRATE JUDGE BARBARA M.G. LYNN, District Judge. After making an independent review of the pleadings, files, and records in this case, and the Findings, Conclusions, and Recommendation of the United States Magistrate Judge dated August 1, 2013, the Court finds that the Findings, Conclusions, and Recommendation of the Magistrate Judge are correct and they are accepted as the Findings, Conclusions, and...
