OPINION AND ORDER JAMES P. JONES , District Judge . In this age discrimination suit brought by a public school nurse alleging disparate pay, I will deny the defendants' Motion to Dismiss. I. The Complaint alleges the following facts. The plaintiff, Rachel L. Smith, is 47 years old. She has worked as a registered nurse ("RN") since May 1996. Before that, she was a Certified Nursing Assistant ("CNA") for seven years. She holds a bachelor's degree. Defendant Lee County School Board ("...
MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. An automobile struck William Roach ("Roach") after he alighted from a school bus at a bus stop on a highway near his home. Roach, who is now an adult, brings this action for personal injuries pursuant to the court's diversity jurisdiction against the driver who struck him, Charlie Moore ("Moore"); Roach's bus driver, Judy Gross ("Gross"); the three Botetourt County School Board ("School Board") employees who planned the bus route, Larry...
MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. This is an action by plaintiff, Odyssey Imaging, LLC ("Odyssey"), against defendant, Cardiology Associates of Johnston, LLC ("Cardiology Associates"), for breach of a nuclear imaging services contract. Odyssey filed the case in the Circuit Court for the City of Roanoke, and Cardiology Associates removed it to this court, filed an answer asserting nineteen defenses it labels "affirmative defenses," and counterclaimed for breach of contract...
MEMORANDUM OPINION NORMAN K. MOON, District Judge. Plaintiff LeSueur-Richmond Slate Corporation ("LeSueur" or "Plaintiff") brings this action to recover damages pursuant to 42 U.S.C. 1983, the Fourth Amendment to the United States Constitution, Article I, 11 of the Constitution of Virginia, and Va.Code 19.2-59. Plaintiff alleges that defendants Damien C. Fehrer ("Fehrer") and Vernon L. Harris ("Harris"), mineral mine inspectors with Virginia's Department of Mines, Minerals, and Energy (...
MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. This is an action by plaintiff Wachovia Bank, National Association ("Wachovia"), the lender, for breach of a loan agreement against defendants Preston Lake Homes, L.L.C., the borrower, and Richard J. Hine ("Hine"), the guarantor, (collectively "Preston Lake") seeking damages and the appointment of a receiver of Preston Lake's property pending foreclosure. 1 Preston Lake has counterclaimed, alleging that Wachovia breached the loan...
MEMORANDUM OPINION JAMES C. TURK, 1 Senior District Judge. In December 2008, petitioner filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. 2241, with the United States District Court for the Middle District of Pennsylvania. 2 In this petition, petitioner argues that he is actually innocent of his 18 U.S.C. 924(c)(1) firearm conviction in light of Watson v. United States, 552 U.S. 74, 128 S.Ct. 579 , 169 L.Ed.2d 472 (2007). The District Court served the 2241...
MEMORANDUM OPINION NORMAN K. MOON, District Judge. This matter is before the Court upon the Motion to Stay Proceedings Pending Arbitration filed by Defendants Aspen Insurance UK Limited ("Aspen Insurance") and Aspen Underwriting Syndicate 4711 at Lloyd's, London ("Aspen Underwriting") (collectively "Aspen") on November 24, 2009 (docket no. 2), Plaintiff C.B. Fleet Company, Inc.'s ("Fleet") Opposition to Defendant's Motion to Stay Proceedings Pending Arbitration, filed on January 19, 2010 (...
MEMORANDUM OPINION NORMAN K. MOON, District Judge. This matter is before the court on plaintiffs motion to remand (docket no. 21), Magistrate Judge Michael F. Urbanski's Report and Recommendation ("R & R") (docket no. 30), and plaintiffs objections thereto (docket nos. 33 and 37). Under 28 U.S.C. 636(b)(1), the parties may file a written objection to the magistrate judge's report. Upon timely objection, the court must review de novo those portions of the R & R to which the objecting...
MEMORANDUM OPINION JAMES C. TURK, Senior District Judge. This matter is presently before the Court on the Defendants' Motion to Dismiss (Dkt. No. 6) and the Plaintiffs Motion to Strike Defendants' Affirmative Defense (Dkt. No. 15). The Plaintiff filed a memorandum in opposition to Defendants' Motion to Dismiss (Dkt. No. 13) and the Defendants replied (Dkt. No. 16). The Defendants also filed a memorandum in opposition to Plaintiffs Motion to Strike (Dkt. No. 17). The Court heard oral...
MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. This is a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 by Gary Dean Wallace claiming that the Virginia Department of Corrections ("VDOC") is wrongfully denying him 31 days credit against a revoked sentence for time spent in pretrial detention on charges that were nolle prossed. The respondent has moved to dismiss on the grounds that AEDPA's one-year statute of limitations, 28 U.S.C. 2244(d), bars the claim, that the...
MEMORANDUM OPINION NORMAN K. MOON, District Judge. This matter is before the Court upon the Plaintiff MicroAire Surgical Instruments LLC's ("MicroAire") Motion for Preliminary Injunction and Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction (docket nos. 6, 7), Defendant Arthrex, Inc.'s ("Arthrex") Opposition to MicroAire Surgical Instruments LLC's Motion for Preliminary Injunction (docket no. 18), MicroAire's Reply Brief on Motion for Preliminary Injunction...
MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. This is an action brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. (2006) ("Title VII"), by plaintiff Marilyn Session ("Session") against her employer, the Montgomery County School Board ("the Board"). 1 Session, an African-American female, alleges that the Board retaliated against her because she filed a grievance with the Board against the Superintendent, Dr. Tiffany Anderson ("Anderson"), who...
OPINION JAMES P. JONES, District Judge. In this Social Security disability case, I remand for further proceedings consistent with this Opinion. I The plaintiff, Teresa S. Kestner, filed this action challenging the final decision of the Commissioner of Social Security ("Commissioner") denying his claim for disability insurance benefits pursuant to Title II of the Social Security Act (the "Act"), 42 U.S.C.A. 401-433 (West 2003 & Supp. 2010). Jurisdiction of this court exists pursuant to 42...
MEMORANDUM OPINION NORMAN K. MOON, District Judge. This matter is before the Court upon Plaintiff's Motion for Summary Judgment, filed on October 22, 2010 (docket no. 34), and Defendant Travelers' Motion for Summary Judgment, filed on the same day (docket no. 33). After full consideration of the arguments presented in the submissions, as well as those presented at the hearing on November 12, 2010, the Court will grant Travelers' Motion for Summary Judgment and deny Plaintiff's Motion for...
OPINION JAMES P. JONES, Chief Judge. By prior opinion and order, 1 I dismissed all but one of the claims raised in this Motion to Vacate, Set Aside, or Correct Sentence filed pursuant to 28 U.S.C.A. 2255 (West 2006), based upon my finding that, pursuant to a written plea agreement, the defendant had entered a valid waiver of his right to raise a collateral challenge to the judgment or sentence pursuant to 2255. As to the remaining claim, that counsel failed to file a notice of appeal...
OPINION JAMES P. JONES, District Judge. The defendant, a federal inmate, brings this Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C.A. 2255 (West Supp. 2010). He alleges that the judgment against him must be vacated based on claims of ineffective assistance of counsel at his trial, sentencing, supervised release revocation proceedings, 1 and on appeal. Upon review of the record, I find that the defendant is not entitled to relief under 2255. I A grand jury of...
OPINION JAMES P. JONES, District Judge. The defendant, a federal inmate, brings this Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C.A. 2255 (West Supp. 2010). He alleges that the judgment against him must be vacated based on claims of ineffective assistance of counsel at his trial, sentencing, supervised release revocation proceedings, 1 and on appeal. Upon review of the record, I find that the defendant is not entitled to relief under 2255. I A grand jury of...
OPINION (Corrected) JAMES P. JONES, District Judge. It is ORDERED that the Opinion entered in this case on December 7, 2010, is corrected as follows. In this 1983 case, the defendant police officer initiated a criminal prosecution against the plaintiff, who he believed was a drug trafficker. In fact, the plaintiff was innocent but was confused with the real perpetrator. Based upon the facts, I find that the defendant police officer is entitled to qualified immunity from the plaintiff's...
OPINION JAMES P. JONES, District Judge. In this 1983 case, the defendant police officer initiated a criminal prosecution against the plaintiff, who he believed was a drug trafficker. In fact, the plaintiff was innocent but was confused with the real perpetrator. Based upon the facts, I find that the defendant police officer is entitled to qualified immunity from the plaintiff's suit for money damages and grant summary judgment in his favor. I David L. Horner, the defendant, was a Wise...
MEMORANDUM OPINION NORMAN K. MOON, District Judge. On the day the President signed into law the Patient Protection and Affordable Care Act of 2009, Plaintiffs filed this action, contesting the law's validity on constitutional and statutory grounds. Defendants (several government officials named in their official capacities) moved to dismiss the suit for lack of jurisdiction and for failure to state a claim on which relief can be granted. The parties' arguments have been fully briefed and...
