MEMORANDUM OPINION ROBERT E. PAYNE, Senior District Judge. This matter is before the Court on Defendant Zwede Smith's ("Defendant" or "Smith") MOTION TO SUPPRESS EVIDENCE. (Docket No. 15). For the reasons set forth below, the motion has been denied. 1 FACTUAL BACKGROUND On April 8, 2013, at approximately 12 a.m., Richmond detectives Paul Jenkins and Elmer Fernendez were conducting an interdiction at the Apex bus station in the area of 910 North Boulevard. The interdiction operations...
OPINION AND ORDER GRANTING DEFENDANTS' RENEWED MOTIONS FOR SUMMARY JUDGMENT ROBERT G. DOUMAR, Senior District Judge. CONTENTS I. PROCEDURAL HISTORY ......................................................573 II. FACTUAL BACKGROUND ......................................................574 A. FORD'S COLONY .......................................................574 B. COLONIAL GEORGIAN ARCHITECTURE ......................................576 C. PLAINTIFF'S "BAINBRIDGE" MODEL AND THE RUBIN...
MEMORANDUM OPINION JAMES C. CACHERIS, District Judge. This matter is before the Court on Defendant Forsythe Transportation's ("Defendant" or "Forsythe Transportation") Motion for Entry of Judgment and Attorneys' Fees and Costs ("Motion"). [Dkt. 25.] For the following reasons, the Court will deny Defendant's Motion. I. Background A. Factual Background This case concerns an alleged instance of sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42...
MEMORANDUM OPINION AND ORDER RAYMOND A. JACKSON, District Judge. Before the Court are Defendants Time, Inc. ("Time"), Meredith Corporation ("Meredith"), Hearst Communications, Inc. ("Hearst"), and Bravo Media LLC ("Bravo")'s Motions to Transfer to the Southern District of New York. All four motions are fully briefed and ripe for disposition. For the reasons stated below, Time, Meredith, Hearst, and Bravo's Motions to Transfer are GRANTED , and it is ORDERED that these cases be transferred...
OPINION AND ORDER MARK S. DAVIS, District Judge. This matter is before the Court on a motion by Limari Shipping, Ltd. ("Claimant") to quash an ex parte order issued by this Court on November 27, 2013. For the reasons set forth below, the Court GRANTS Claimant's motion. Plaintiff's request for attorneys' fees and costs is TAKEN UNDER ADVISEMENT. I. FACTUAL AND PROCEDURAL BACKGROUND On November 27, 2013, Plaintiff Dry Handy Investments, Ltd. ("Plaintiff") filed a Verified Complaint...
OPINION AND ORDER MARK S. DAVIS, District Judge. This matter is before the Court on Defendants' consolidated post-trial motion for judgment of acquittal on Counts 5, 6, 8 and 9. ECF No. 113. The primary focus of Defendants' motion is the assertion that the above referenced counts are multiplicitous. For the reasons set forth below, Defendants' motion is DENIED. I. Factual and Procedural Background During calendar year 2012, defendant Diana Shipping Services, S.A. ("Diana Shipping"),...
MEMORANDUM OPINION T.S. ELLIS, III, District Judge. This action by a borrower against a lender of a home loan arose when the borrower learned, for the first time more than two years after closing, that the loan was not, as represented by the borrower, a United States Department of Agricultural ("USDA") guaranteed Rural Development ("RD") loan. Among the various causes of action the borrower asserted in this case was a claim under the Equal Credit Opportunity Act ("ECOA") (15 U.S.C. 1691)...
MEMORANDUM OPINION & ORDER RAYMOND A. JACKSON , District Judge . Before this Court are cross-motions from Plaintiff and Defendant for summary judgment (ECF No. 86 and 93) pursuant to Rule 56 of the Federal Rules of Civil Procedure. Having carefully reviewed the parties' pleadings, this matter is now ripe for judicial decision. For the reasons stated herein, Plaintiff's Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. Defendant's Motion for Partial Summary Judgment is...
MEMORANDUM OPINION JAMES C. CACHERIS, District Judge. This matter is before the Court on Defendants Dennis Townsend, Danny White, Ron Cavanaugh, and Kenneth Cuccinelli's (collectively "Defendants") Motion to Dismiss ("Motion"). [Dkt. 18.] For the following reasons, the Court will grant Defendants' Motion. I. Background The facts of this case are recounted in the Court's Memorandum Opinion dated September 24, 2013, familiarity with which is presumed. In brief, Plaintiff Mattin Zargarpur ("...
MEMORANDUM OPINION AND ORDER RAYMOND A. JACKSON, District Judge. Before this Court is the Defendant Kenneth Putt's Motion to Suppress. Plaintiff has filed a Memorandum in Support of that motion, and the Government has filed a Response. Defendant has also filed a Rebuttal Brief. The Court held a hearing on the Motion to Suppress on September 30, 2013. For the reasons discussed below, Defendant's Motion to Suppress is DENIED. I. PROCEDURAL AND FACTUAL HISTORY On June 12, 2013, a Grand Jury...
MEMORANDUM OPINION AND ORDER RAYMOND A. JACKSON, District Judge. Before the Court are three Motions to Dismiss pursuant to Rule 12(b)(6) of Federal Rules of Civil Procedure filed by defendants Kenneth Lamberti, Michael Caleb Ingroff, and Wayne Miller. The motions have been fully briefed and are ripe for judicial determination. For the reasons stated herein, Defendant Lamberti's Motion to Dismiss is DENIED, and Defendants Ingroff and Millers Motions to Dismiss are GRANTED IN PART AND...
MEMORANDUM OPINION ROBERT E. PAYNE, Senior District Judge. This matter is before the Court on the PLAINTIFF'S MOTION FOR PREJUDGMENT AND POST-JUDGMENT INTEREST ON AWARD OF BACK PAY AND FOR FRONT PAY IN LIEU OF REINSTATEMENT (ECF No. 147). The Plaintiff has submitted a Memorandum in Support of the Motion ("Memorandum," ECF No. 148), to which a Response in Opposition ("Opposition," ECF No. 153) has been filed. The Plaintiff has also filed a Reply to the Opposition ("Reply," ECF No. 155). For...
OPINION AND FINAL ORDER REBECCA BEACH SMITH, Chief Judge. This matter comes before the court on cross motions for summary judgment filed by Plaintiff Precon Development Corporation Inc. ("Precon") on March 28, 2013, and Defendant United States Army Corps of Engineers ("Corps") on April 22, 2013. The motions were referred to United States Magistrate Judge Tommy E. Miller by Order of May 5, 2013, pursuant to the provisions of 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b)....
MEMORANDUM OPINION JAMES R. SPENCER, District Judge. THIS MATTER is before the Court on Defendants' Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, the Court GRANTS Defendants' Motion. I. FACTUAL AND PROCEDURAL BACKGROUND 1 In the fall of 2004, Plaintiff Bonnie Newman Davis ("Ms. Davis" or "Plaintiff") began her full-time employment with Virginia Commonwealth University ("VCU") as a visiting instructor in the School of Mass...
MEMORANDUM OPINION LIAM O'GRADY, District Judge. I. Overview Before the Court is a bankruptcy appeal brought by Appellant Alexandria Surveys, LLC, arising from the April 26, 2013 ruling of the United States Bankruptcy Court for the Eastern District of Virginia (Dkt. No. 1-2). The appeal has been fully briefed (Dkt. Nos. 4, 5, 6) and the Court heard oral argument on October 4, 2013. This Court has also considered the parties' additional submissions in response to its October 7, 2013 order...
MEMORANDUM OPINION ROBERT E. PAYNE, Senior District Judge. This matter is before the Court on the SOUTHPEAK DEFENDANTS' MOTION FOR REMITTITUR, A NEW TRIAL, AND/OR TO AMEND THE JUDGMENT UNDER RULES 59 AND 60 (Docket No. 150). For the reasons set forth below, the motion will be granted in part and denied in part. PROCEDURAL BACKGROUND AND STATEMENT OF FACTS This action arises out of Andrea Jones' ("Jones") tenure, and termination, as Chief Financial Officer ("CFO") of SouthPeak, a...
MEMORANDUM OPINION DAVID J. NOVAK, United States Magistrate Judge. The parties come before the Court by consent pursuant to 28 U.S.C. 636(c)(1) on Plaintiffs Motion for Summary Judgment (ECF No. 90) and Defendants' Motion for Partial Summary Judgment (ECF No. 92). Both parties have briefed the issues extensively, making the matter ripe for review. Defendant CG Bellkor, LLC ("Bellkor") signed a promissory note to purchase a piece of property. Defendant Jonathan Bell ("Bell") signed a...
MEMORANDUM OPINION AND ORDER REBECCA BEACH SMITH, Chief Judge. This matter comes before the court on a Motion to Dismiss Plaintiff's Second Amended Complaint ("Motion"). For the reasons stated herein, the Motion is DENIED. I. Factual and Procedural Background On or about August 16, 2010, the Defendant, Jason D. Adams, Inc., trading as Autos By Choice ("Autos by Choice"), purchased a 2003 Dodge Ram pickup truck for approximately $6,000. 2d. Am. Compl. 5. At the time of this sale, the...
MEMORANDUM OPINION T.S. ELLIS, III, District Judge. At issue for the second time in this stockholder derivative action is whether the complaint — this time the Verified Consolidated Amended Complaint ("the Amended Complaint") — contains particularized allegations of bad faith breach of the duty of loyalty on the part of Capital One Financial Corporation ("Capital One") directors sufficient to excuse plaintiffs from making the requisite demand of the board of directors. Also at issue is...
MEMORANDUM OPINION JAMES C. CACHERIS, District Judge. This matter is before the Court on supplemental briefing for Defendants Halliburton Company ("Halliburton"), KBR, Inc. ("KBR"), Kellogg Brown & Root Services, Inc. ("KBRSI"), and Service Employees International, Inc.'s ("SEII") (collectively, "Defendants") Motion to Dismiss [Dkt. 11], following the Fourth Circuit's decision in United States ex rel. Carter v. Halliburton Co., 710 F.3d 171 , 174 (4th Cir.2013) that reversed this Court's...
