MEMORANDUM OPINION MICHAEL F. URBANSKI , District Judge . This matter comes before the court on a multitude of motions. Defendants G4S Technology LLC ("G4S") and Liberty Mutual Insurance Company ("Liberty Mutual," and collectively with G4S, "Defendants") have each filed a Motion to Stay, or in the Alternative, Dismiss or Transfer, Based Upon the First-to-File Rule, ECF Nos. 19 & 25, and a Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a), ECF Nos. 21 & 27. The motions to stay...
ORDER MICHAEL F. URBANSKI , District Judge . For the reasons set forth in the accompanying Memorandum Opinion entered this date, plaintiff's motion for preliminary injunction (ECF No. 9) is DENIED, the report and recommendation (ECF No. 42) is ADOPTED in its entirety, and plaintiff's objections to the report (ECF No. 46) are OVERRULED. It is SO ORDERED. The Clerk is directed to send a certified copy of this Order and the Memorandum Opinion to the pro se plaintiff and to...
MEMORANDUM OPINION MICHAEL F. URBANSKI , District Judge . Vincent Lamont Woodhouse, a Virginia inmate proceeding pro se , commenced this civil action pursuant to 42 U.S.C. 1983. Currently pending before the court is Woodhouse's motion for preliminary injunction, ECF No. 9, in which Woodhouse complains of his long-term placement in segregation housing, threats from inmates, and fear of sexual assault by prison officials. Woodhouse filed his original complaint on April 3, 2017, naming...
FINAL ORDER MICHAEL F. URBANSKI , Chief District Judge . In accordance with the Memorandum Opinion entered this day, it is hereby ADJUDGED and ORDERED that Defendants' motion for summary judgment is GRANTED, and the action is STRICKEN from the active docket.
ORDER ELIZABETH K. DILLON , District Judge . The court previously granted the motion by defendant Contech Engineered Solutions, LLC f/k/a Contech Construction Products, Inc. (Contech) to enforce the settlement agreement between Contech as against plaintiffs ACS Design, LLC (ACS), and Apptech Solutions, LLC (Apptech). (Dkt. No. 85), and referred the matter to the magistrate judge to hold an evidentiary hearing in order to determine the amount of any judgment against ACS and Apptech for the...
REPORT AND RECOMMENDATION ROBERT S. BALLOU , Magistrate Judge . Defendant Contech Construction Products, Inc. ("Contech") filed a motion to enforce the settlement agreement between Contech and Plaintiffs Scott F. Easter, Daniel M. Early, ACS Design, LLC ("ACS") and Apptech Solutions, LLC ("Apptech"). Dkt. No. 68. Applied Technologies, Inc. has also been joined as a party to this matter by order entered on September 29, 2017. Dkt. No. 84. By order entered October 17, 2017, the court...
OPINION AND ORDER JAMES P. JONES , District Judge . In connection with sentencing, the defendant in this criminal case has submitted objections to the calculation of the advisory Sentencing Guidelines range proposed by the probation officer. He contends that the probation officer's calculation misstates his Base Offense Level. The objections have been fully briefed and are ripe for decision. For the reasons stated below, I conclude that the calculation correctly states the defendant's Base...
MEMORANDUM OPINION GLEN E. CONRAD , Senior District Judge . Norfolk Southern Railway Company ("Norfolk Southern") filed this action against the City of Roanoke (the "City"), claiming that an assessment imposed pursuant to, the City's stormwater utility ordinance is "another tax that discrirninate[s] against a rail carrier," in violation of the Railroad Revitalization and Regulatory Reform Act of 1976 (the "4-R Act"), 49 U.S.C. 11501(b)(4). After the action was filed, the Chesapeake Bay...
MEMORANDUM OPINION MICHAEL F. URBANSKI , Chief District Judge . Anthoine Dewayne Smith, a Virginia prisoner proceeding pm se, filed a verified complaint pursuant to 42 U.S.C. 1983. Plaintiff names as defendants the Blue Ridge Regional Jail Authority-Lynchburg ("Authority"); Timothy Trent, Administrator of the Blue Ridge Regional Jail ("Jail"), Nurse Jones, and Correctional Officers Newland and Gaddy. Plaintiff alleges that Defendants were deliberately indifferent to his medical needs in...
ORDER JACKSON L. KISER , Senior District Judge . Before me is the Report and Recommendation ("R&R") of the United States Magistrate Judge recommending that I grant Berryhill's Motion to Dismiss. The R&R was filed on November 28, 2017, and the parties had fourteen (14) days to file objections. No objections were filed. Accordingly, it is ORDERED and ADJUDGED that the R&R [ECF No. 19] shall be, and hereby is, ADOPTED in its entirety, and Berryhill's Motion to Dismiss [ECF No. 9] is...
REPORT & RECOMMENDATION JOEL C. HOPPE , Magistrate Judge . Plaintiff Tracey DeCarol Myers, appearing pro se, asks this Court to review the Acting Commissioner of Social Security's ("Commissioner") final decision denying her application for disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401-434. The Commissioner has moved to dismiss the action on the grounds that Myers's complaint was filed outside the applicable statute of limitations. Def.'s...
MEMORANDUM OPINION ELIZABETH K. DILLON , District Judge . Plaintiff Desiree Watford's complaint asserts claims under 42 U.S.C. 1983 against Augusta County Deputy Sheriff Michael Roane and an unidentified defendant, "John Doe," based on events that occurred on or about June 5, 2017. In Count One, Watford alleges that John Doe violated her Fourth Amendment rights under the United States Constitution when he handcuffed her when she arrived at a home where he was executing a search warrant....
MEMORANDUM OPINION DEFENDANTS 1, 6, and 7 NORMAN K. MOON , Senior District Judge . After a three-week trial, the jury found Jason Bradley, Nayna Taylor, and Edward Taylor guilty of conspiracy to distribute controlled substances and controlled substance analogues (namely, the synthetic drugs MDPV and a-PVP). 1 The jury also found Bradley guilty of conspiracies to import drugs and to launder money. In post-trial motions, these Defendants asked the Court to acquit them, to grant them a new...
MEMORANDUM OPINION NORMAN K. MOON , District Judge . The plaintiffs in this case, a bank and a bond insurer, assert an enforceable obligation either in contract or tort against the defendants to receive repayment stemming from the refinancing of a municipal golf course. Before the Court is a Rule 12(b)(7) motion to dismiss for failure to join a necessary party. The motion relates to two deeds of trust executed in favor of plaintiff UMB Bank's predecessor. The deeds of trust pledged real...
ORDER MICHAEL F. URBANSKI , Chief District Judge . The parties to this case have received an arbitration award on the merits, and there are no claims left for the court to resolve. There currently being no pending motions or further business before the court, it is hereby ORDERED and ADJUDGED that this case is DISMISSED and STRICKEN from the active docket of the court; provided the court will consider an appropriate motion brought pursuant to 9 U.S.C. 9, 13, should one be filed....
MEMORANDUM OPINION MICHAEL F. URBANSKI , Chief District Judge . Plaintiff Sandra M. Davis filed this employment action on March 25, 2015. Defendant Lendmark Financial Services, LLC moved to compel arbitration. The court denied the motion without prejudice and set this matter down for a jury trial on the discrete factual issue of whether the parties entered into an agreement to arbitrate. On May 20, 2016, the jury returned a verdict favorable to Lendmark, finding Lendmark proved Davis...
OPINION AND ORDER JAMES P. JONES , District Judge . John P. Fishwick, Jr. and Monica L. Mroz, Fishwick & Associates PLC, Roanoke, Virginia, for Plaintiff; Jim H. Guynn, Jr., Guynn & Waddell, P.C., Salem, Virginia, for Defendant Dickenson County School Board, Haydee Robinson, John Skeen, Don Raines, and R.E. Nickles; Melissa W. Robinson and Johneal M. White, Glenn Robinson Cathey Memmer & Skaff, PLC, Roanoke, Virginia, for Defendants Susan Mullins and Rocky Barton. In this employment...
MEMORANDUM OPINION MICHAEL F. URBANSKI , Chief District Judge . Michael Moore, a Jewish inmate proceeding pro se , commenced this action pursuant to 42 U.S.C. 1983 and 2000cc, et seq. , against officials at Red Onion State Prison ("ROSP") and the Virginia Department of Corrections ("VDOC"). Plaintiff alleges in the amended complaint (ECF Nos. 18, 33) that Defendants violated the First and Fourteenth Amendments and the Religious Land Use and Institutionalized Persons Act ("RLUIPA")...
MEMORANDUM OPINION GLEN E. CONRAD , Senior District Judge . Pierce Yarnell Brown, a federal inmate proceeding pro se , has moved to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. The government has filed a motion to dismiss, to which Brown has responded, making the matter ripe for consideration. For the reasons that follow, the government's motion to dismiss will be granted and Brown's motion to vacate will be denied. Background On August 13, 2015, a grand jury in...
MEMORANDUM OPINION NORMAN K. MOON , District Judge . This Fair Labor Standards Act ("FLSA") case is before me after Judge Glen E. Conrad entered default judgment for Plaintiff Timothy Kenney on the issues of liability and damages. The remaining issue, which Defendant Palmer-Stuart Oil Company, Inc. has entered an appearance to contest, is Plaintiff's entitlement to attorney's fees and the quantum thereof. The FLSA mandates that a prevailing plaintiff is entitled to attorney's fees. 29 U.S....
