REPORT AND RECOMMENDATION JOEL C. HOPPE, Magistrate Judge. Plaintiff Najib Bin-Salamon asks this Court to review the Commissioner of Social Security's ("Commissioner") final decision denying his applications for disability insurance benefits ("DIB") and supplemental security income ("SSI") under Titles II and XVI of the Social Security Act, 42 U.S.C. 401-422, 1381-1383f. This Court has authority to decide Bin-Salamon's case under 42 U.S.C. 405(g) and 1383(c)(3), and his case is before...
REPORT AND RECOMMENDATION JAMES G. WELSH, Magistrate Judge. On November 24, 2014 came the United States, by counsel, and came also the defendant, in his own proper person and by his counsel. At which time counsel for the parties jointly represented that the parties had entered into a plea agreement, pursuant to Rule 11 of the Federal Rules of Criminal Procedure. In accordance with the provisions of Title 28 U.S.C. 636(b)(3) and upon the defendant's informed and written consent, this case...
REPORT AND RECOMMENDATION JAMES G. WELSH, Magistrate Judge. On November 24, 2014 came the United States, by counsel, and came also the defendant, in her own proper person and by her counsel. At which time counsel for the parties jointly represented that the parties had entered into a plea agreement, pursuant to Rule 11 of the Federal Rules of Criminal Procedure, In accordance with the provisions of Title 28 U.S.C. 636(b)(3) and upon the defendant's informed and written consent, this case...
REPORT AND RECOMMENDATION JOEL C. HOPPE, Magistrate Judge. Plaintiff Lawrence G. Bass, Jr. asks this Court to review the Commissioner of Social Security's ("Commissioner") final decision denying his applications for disability insurance benefits ("DIB") and supplemental security income ("SSI") under Titles II and XVI of the Social Security Act, 42 U.S.C. 401-422, 1381-1383f. This Court has authority to decide Bass's case under 42 U.S.C. 405(g) and 1383(c)(3), and his case is before me...
REPORT AND RECOMMENDATION JOEL C. HOPPE, Magistrate Judge. Plaintiff David L. Hamm brought this action for review of the Commissioner of Social Security's (the "Commissioner") decision denying his claim for supplemental security income ("SSI") under Title XVI of the Social Security Act (the "Act"), 42 U.S.C. 1381-1383f. This Court has authority to decide Hamm's case under 42 U.S.C. 1383(c)(3), and his case is before me by referral under 28 U.S.C. 636(b)(1)(B). ECF No. 12. After...
REPORT AND RECOMMENDATION JAMES G. WELSH, Magistrate Judge. On November 24, 2014 came the United States, by counsel, and came also the defendant, in his own proper person and by his counsel. At which time counsel for the parties jointly represented that the parties had entered into a plea agreement, pursuant to Rule 11 of the Federal Rules of Criminal Procedure. In accordance with the provisions of Title 28 U.S.C. 636(b)(3) and upon the defendant's informed and written consent, this case...
REPORT AND RECOMMENDATION JAMES G. WELSH, Magistrate Judge. On October 30, 2014 came the United States, by counsel, and came also the defendant, in her own proper person and by her counsel. At which time counsel for the parties jointly represented that the parties had entered into a plea agreement, pursuant to Rule 11 of the Federal Rules of Criminal Procedure. In accordance with the provisions of Title 28 U.S.C. 636(b)(3) and upon the defendant's informed and written consent, this case was...
REPORT AND RECOMMENDATION ROBERT S. BALLOU, Magistrate Judge. The attorneys for Michael Sprick ("Sprick"), an incapacitated adult, ask this court to approve a one third contingency fee and associated costs of litigation arising from a $21 million personal injury settlement. 1 Sprick suffered catastrophic injuries in an accident on October 8, 2011 which rendered him incompetent and unable to care for his own personal and financial affairs. The court is charged with protecting the interests...
REPORT AND RECOMMENDATION JOEL C. HOPPE, Magistrate Judge. Plaintiff Christopher Smallwood asks this Court to review the Commissioner of Social Security's ("Commissioner") final decision denying his applications for disability insurance benefits ("DIB") and supplemental security income ("SSI") under Titles II and XVI of the Social Security Act, 42 U.S.C. 401-422, 1381-1383f. This Court has authority to decide Smallwood's case under 42 U.S.C. 405(g) and 1383(c)(3), and his case is...
OPINION JAMES P. JONES, District Judge. Adrian Nathaniel Bacon, a Virginia inmate proceeding pro se, filed this civil rights action under 42 U.S.C. 1983, alleging that two correctional officers at Red Onion State Prison used excessive force against him by "pull[ing him] through the tray slot" of his cell door, and that other officers failed to intervene. (Compl. 3, ECF No. 1.) The defendants have filed a Motion for Summary Judgment, asserting that because the Complaint fails to state any...
MEMORANDUM OPINION GLEN E. CONRAD, Chief District Judge. Uhuru' Sekou Obataiye-Allah, a Virginia inmate proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. 1983, alleging that officials at Red Onion State Prison deprived him of protected liberty and property interests in connection with a cell search and subsequent disciplinary charge for possession of a weapon. The defendants have filed motions for summary judgment, asserting that plaintiffs claims are barred either...
MEMORANDUM OPINION JACKSON L. KISER, Senior District Judge. Plaintiff River Community Bank, N.A. ("River") originally filed this action in the Circuit Court for the City of Martinsville. Defendant Bank of North Carolina ("BNC") then removed the action to this Court on October 24, 2014 ( see Not. of Removal, Oct. 14, 2014 [ECF No. 1]), and promptly filed a Motion to Dismiss for Lack of Personal Jurisdiction, pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure, or in the...
ORDER MICHAEL F. URBANKSI, District Judge. This matter was referred to the Honorable Robert S. Ballou, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(B), for proposed findings of fact and a recommended disposition. The Magistrate Judge filed a report and recommendation on November 19, 2014, recommending that the Commissioner's motion for summary judgment be denied, that the plaintiff's motion for summary judgment be granted in part, and that this case be remanded to the...
REPORT AND RECOMMENDATION ROBERT S. BALLOU, Magistrate Judge. Plaintiff Tammy W. Akers ("Akers") filed this action challenging the final decision of the Commissioner of Social Security ("Commissioner") finding her not disabled and therefore ineligible for disability insurance benefits ("DIB") under the Social Security Act ("Act"). 42 U.S.C. 401-433. Akers alleges that the Administrative Law Judge ("ALJ") that heard and decided her claim committed error on numerous grounds. The focus of...
MEMORANDUM OPINION GLEN E. CONRAD, Chief District Judge. Taquarn Scott, a Virginia inmate proceeding pro se , filed this petition for a writ of habeas corpus, pursuant to 28 U.S.C. 2254, challenging the February 4, 2010, judgment of the Circuit Court for the City of Lynchburg under which he stands convicted of drug possession and related charges. After review of the record in this case and trial, appeal, and habeas corpus records provided from the state courts, the court concludes that...
OPINION AND ORDER JAMES P. JONES, District Judge. In this class action arising under the Worker Adjustment and Retraining Notification Act (the "WARN Act"), the defendant has filed a Motion to Strike Jury Demand. The court previously granted summary judgment for the plaintiffs as to liability, leaving only the amount of back pay and uninsured health costs, if any, to be determined. I have recently held that the WARN Act does not provide for jury trial. Creech v. Va. Fuel Corp., No. 2:...
OPINION AND ORDER JAMES P. JONES, District Judge. In this patent infringement case, I find that it is likely that the doctrine of laches bars the plaintiff's claims.Before making that determination, however, I will allow the parties an opportunity to respond. The plaintiff, Jerry Artrip, contends in his Amended Complaint in this case that the defendants, Ball Corporation and Alcoa, Inc. ("Alcoa"), have infringed (or, in the case of Alcoa, contributorily infringed) certain patents owned by...
MEMORANDUM OPINION JACKSON L. KISER, District Judge. Defendant Navistar, Inc. ("Navistar") has filed two motions: a motion to strike Plaintiff Brosville Community Fire Department's ("Plaintiff") proposed expert, Gordon Stobbelaar [ECF No. 26], and a motion for summary judgment [ECF No. 30]. Both motions were briefed by the parties and competently argued in open court. I have reviewed the pleadings, evidence, arguments of the parties, and applicable portions of the Record. For the reasons...
MEMORANDUM OPINION GLEN E. CONRAD, District Judge. This case arises from a car accident that occurred in Carroll County, Virginia. The matter is currently before the court on two motions to dismiss filed by Defendant William K. Nemier, Docket No. 16, and Defendants Sylvain Turcotte and Transport Bizz, Inc., Docket No. 30. Also before the court is a motion for leave to amend the complaint filed by the plaintiffs, Docket No. 56. For the following reasons, the court will grant the plaintiffs...
ORDER JACKSON L. KISER, District Judge. Before me is Defendants' Rule 12(b)(6) Motion to Dismiss Plaintiff's Amended Complaint for Failure to State a Claim ("the Motion"). [ECF No. 62.] The matter was fully briefed by the parties, and counsel appeared in open court on December 4, 2014, to argue their respective position on the law and the facts. Having fully reviewed the pleadings and arguments of counsel, the matter is now ripe for disposition. For the reasons stated in the accompanying...
