MEMORANDUM OPINION GLEN E. CONRAD , Chief District Judge . In this insurance coverage dispute, Falls Lake National Insurance Company ("Falls Lake") seeks a declaratory judgment that it has no obligation to indemnify Israel Martinez, Jr., Salinas Express, LLC ("Salinas Express"), or SMC Transport, LLC ("SMC") in connection with a personal injury action that Brandon Lester filed against Martinez, Salinas Express, SMC, and others in this court. See Lester v. SMC Transport, LLC , No. 7:...
MEMORANDUM OPINION GLEN E. CONRAD , District Judge . This diversity action, filed by plaintiff Brandon Lester ("Lester") against defendants SMC Transport, LLC ("SMC"), Israel Martinez, Jr. ("Martinez"), and Salinas Express, LLC ("Salinas Express"), arises out of a motor vehicle accident on Interstate 81 ("I-81"). The case is now before the court on SMC's motion for summary judgment and Martinez's motion for partial summary judgment. For the following reasons, the court will grant Martinez'...
REPORT AND RECOMMENDATION ROBERT S. BALLOU , Magistrate Judge . In this Employee Retirement Income Security Act ("ERISA") civil action, the district court dismissed this action on the grounds that Plaintiff W.A. Griffin's ("Griffin") claims were barred by res judicata and that she failed to state a claim. See Dkt. No. 17. The court awarded Defendant Areva, Inc. ("Areva") attorneys' fees as a sanction finding Griffin's claims "baseless, vexatious, and bad faith litigation." Dkt. No. 22,...
MEMORANDUM OPINION GLEN E. CONRAD , Chief District Judge . Terence Tyree, Kentavia Jones, Demetrius Steppe, Jaquarius Johnson, and Isaiah Wilson have collectively moved to dismiss Counts Eight and Nine of the superseding indictment. For the reasons set forth below, the motions will be denied. Background On October 12, 2016, the defendants were charged in a nine-count superseding indictment returned by a grand jury in the Western District of Virginia. Counts Eight and Nine charge...
MEMORANDUM OPINION GLEN E. CONRAD , Chief District Judge . Donald Wayne Portis, proceeding pro se, filed this action against his former employer, Ruan Transportation Management Systems, Inc. ("Ruan"), alleging that he was terminated in retaliation for complaining about safety violations, in violation of Virginia Code 40.1-51.2:1. On June 26, 2015, the court granted Ruan's motion to compel arbitration and stayed the case pursuant to 9 U.S.C. 3. The parties subsequently participated in...
MEMORANDUM OPINION GLEN E. CONRAD , District Judge . In this appeal from the United States Bankruptcy Court for the Western District of Virginia, Meral, Inc. ("Meral") seeks review of the bankruptcy court's order sustaining an objection to a claim filed by Meral and denying Meral's motion to lift the automatic stay. For the reasons that follow, the bankruptcy court's decision will be affirmed. Background Meral, a West Virginia Corporation, was the original lessee under a coal mining...
MEMORANDUM OPINION GLEN E. CONRAD , District Judge . In this appeal from the United States Bankruptcy Court for the Western District of Virginia, Meral, Inc. ("Meral") seeks review of the bankruptcy court's order sustaining an objection to a claim filed by Meral and denying Meral's motion to lift the automatic stay. For the reasons that follow, the bankruptcy court's decision will be affirmed. Background Meral, a West Virginia Corporation, was the original lessee under a coal mining...
REPORT & RECOMMENDATION JOEL C. HOPPE , Magistrate Judge . This case was referred to the undersigned magistrate judge for the purpose of conducting a felony guilty plea hearing. This report and recommendation is submitted to the presiding district judge pursuant to 28 U.S.C. 636(b)(3). The defendant waived the right to plead before a United States District Judge and consented to proceed before the undersigned magistrate judge. On December 15, 2016, the defendant appeared with counsel...
MEMORANDUM OPINION ROBERT S. BALLOU , Magistrate Judge . In this ERISA action, the Department of Labor ("DOL") seeks to hold defendants liable for their purported breaches of fiduciary duties under a failed ESOP. Defendant James Joyner, proceeding pro se, asks the court to sanction under Rule 11 the attorneys of record and certain employees 1 for the DOL for filing frivolous claims, misleading the court in the complaint, and filing the complaint for an improper purpose. Joyner asks the...
OPINION NORMAN K. MOON , District Judge . This discrimination and civil rights case is before the Court on Plaintiff's motion for equitable relief. The claims in this case were narrowed during litigation to a single count under 42 U.S.C. 1983 for violation of procedural due process. The Court granted Plaintiff judgment on liability for the failure of remaining Defendants Richard Holcomb, Joseph Hill, and Jeannie Thorpe to provide post-termination process regarding her police officer...
MEMORANDUM OPINION GLEN E. CONRAD , Chief District Judge . This case is presently before the court on the motion for leave to intervene filed by Hollar & Greene Produce Company, Inc. and Bushmans Inc. (collectively, the "H&G Members"). For the reasons that follow, the motion will be granted. Background On March 29, 2016, Baker Packing Co. ("Baker Packing") filed this action against Andrews Farming, Inc. ("Andrews Farming") and Jones Keith Andrews ("Keith Andrews") under the Perishable...
MEMORANDUM OPINION MICHAEL F. URBANSKI , District Judge . Antonio M. Druitt, a federal inmate, has filed a petition to vacate, set aside or correct his sentence under 28 U.S.C. 2255. ECF No. 49. The case has been stayed pending the decision of the United States Supreme Court in Beckles v. United States , No. 15-8544. ECF No. 65. The Supreme Court has scheduled oral argument in Beckles for November 28, 2016. Druitt seeks bond pending the Supreme Court's decision in Beckles ,...
MEMORANDUM OPINION Hon. Glen E. Conrad , Chief United States District Judge . On September 9, 2016, a jury found for Tiffany S. Brown ("Brown") on her retaliation claim brought pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e et seq. Plaintiff has now filed a motion seeking back pay, front pay or reinstatement, and an injunction prohibiting discriminatory employment practices, in addition to a motion for attorneys' fees and costs. For the following...
MEMORANDUM OPINION MICHAEL F. URBANSKI , District Judge . Petitioner David William Brown brings this habeas corpus petition pursuant to 28 U.S.C. 2255, asking the court to vacate or correct his sentence in light of the United States Supreme Court's recent decision in Johnson v. United States, 135 S.Ct. 2551 (2015). The government has moved to dismiss Brown's 2255 motion. The court heard oral argument on November 17, 2016 and has reviewed the memoranda submitted by the parties. See...
MEMORANDUM OPINION Elizabeth K. Dillon , United States District Judge . Pending before the court are cross-motions for summary judgment. Plaintiff John Doe 1 seeks summary judgment in his favor as to liability on the sole remaining claim in his amended complaint: a claim that defendants deprived him of a property right — his right to continued enrollment at James Madison University (JMU) — without providing him adequate due process. Defendants Jonathan R. Alger, the president of JMU,...
MEMORANDUM OPINION ELIZABETH K. DILLON , District Judge . This case is before the court on plaintiff Donna Kinsey's motion to remand and request for fees. The motion has been fully briefed, and a hearing was held on October 27, 2016. Having considered the parties' briefs and arguments, as well as the applicable law, the court finds that subject matter jurisdiction is lacking, and will therefore remand this case to state court, but will decline to award costs. I. BACKGROUND This case...
MEMORANDUM OPINION JACKSON L. KISER , District Judge . On June 16, 2016, Plaintiff Ray Anthony Wright filed the present action against Pittsylvania County School s and Wanda E. Vaughn under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq . ("Title VII"). Plaintiff alleged that he was denied employment based on a prior criminal charge, his race, and his "huge frame." (Compl. 9B-9C, June 16, 2016 [ECF No. 3].) Defendants' Motion for Summary Judgment is now before...
OPINION AND ORDER JAMES P. JONES , District Judge . In this case invoking the court's diversity jurisdiction, the plaintiff, H.S. Martin Construction Corp., doing business as Insurance Claims Construction Services ("H.S. Martin"), has asserted two breach-of-contract claims against defendant Lee County School Board ("School Board"), as well as a claim of bad faith breach of contract against defendant Risk Management Programs, Inc. ("Risk Management"), and a claim of intentional interference...
MEMORANDUM OPINION NORMAN K. MOON , District Judge . On April 1, 2016, Helen L. Cobbs ("Plaintiff") filed an amended complaint against First Transit, Inc., Central Virginia Transit Management Co., Inc. ("CVT"), Greater Lynchburg Transit Co. ("GLTC"), Dennis Dorsey, Kevin Lacy, Alan Robey, Gloria Berkley, and Karen Walton alleging hostile work environment sexual harassment ("Count I"), quid pro quo discrimination ("Count II"), and retaliation ("Count III") by all defendants—as well as...
MEMORANDUM OPINION MICHAEL F. URBANSKI , District Judge . Currently pending before the court in this breach of contract case are defendant 10 South Street Associates, LLC's second motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) or, in the alternative, motion for summary judgment (ECF No. 44), and its third motion to dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) (ECF No. 63). 1 At a hearing held on the former...
