MEMORANDUM OPINION AND ORDER MARK E. FULLER, District Judge. The instant action arises from an employment relationship between Plaintiff Claude R. Short ("Short") and Defendant Mando American Corporation ("MAC"). On April 22, 2010, Short filed suit against MAC, alleging discrimination based on race and national origin, harassment based on age and race, retaliation, and several state law torts. (Doc. # 1). 1 This case is now before the Court on five motions, which are as follows: (1) MAC's...
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON, Senior District Judge. This case is before the court on a Motion for Downward Departure (Doc. #255) filed by Defendant Teresa June Edmondson ("Edmondson"). Edmondson was convicted on July 27, 2002, and sentenced on November 22, 2002. After she appealed, the Eleventh Circuit affirmed her conviction and sentence on December 4, 2003. On March 9, 2005, Edmondson filed an 18 U.S.C. 2255 motion to Vacate, Set Aside, or Correct Sentence. The...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, District Judge. I. INTRODUCTION This cause comes before the Court on Defendant James Moss's Motion for Judgment of Acquittal and in the Alternative Motion for a New Trial (Doc. # 160). For the reasons discussed below, the motion is GRANTED IN PART and DENIED IN PART. More specifically, the motion is GRANTED as to Counts 1.B and 3 of the Indictment (Doc. # 1) and DENIED as to the remaining counts. II. BACKGROUND This case began when the...
OPINION MYRON H. THOMPSON, District Judge. This lawsuit is a challenge to the application of 30 of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act (commonly referred to as "HB 56"), 2011 Ala. Laws 535, which, when combined with another Alabama statute, essentially prohibits individuals who cannot prove their citizenship status from staying in their manufactured homes. The plaintiffs are the Central Alabama Fair Housing Center, the Fair Housing Center of Northern Alabama, the...
OPINION and ORDER MYRON H. THOMPSON, District Judge. Pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. 1-16, defendant Infosys Technologies Limited Incorporated moves to compel arbitration of plaintiff Jack Palmer, Jr.'s claims of breach of contract, intentional infliction of emotional distress, negligent hiring, training, monitoring and supervising, and legal misrepresentation. Jurisdiction is proper under 28 U.S.C. 1332 (diversity) & 1441 (removal). For the reasons given below,...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, District Judge. I. INTRODUCTION B.Y. and E.Y. have filed suit against Alabama Christian Academy (ACA) for false imprisonment. Because they are minors, 1 they do so through their father, Maurice Yabba, who claims the school's employees instigated or participated in an unlawful arrest of his children. Yabba seeks compensatory and punitive damages on behalf of each child in the amount of $1,000,000. This cause comes before the Court on ACA's Motion...
MEMORANDUM OPINION AND ORDER W. KEITH WATKINS, Chief Judge. In this lawsuit, 816 Plaintiffs bring a single claim under an Alabama statute that voids gambling contracts, seeking to recover money they lost playing electronic bingo machines at Victoryland and Quincy's 777 in Macon County, Alabama. Defendants are Macon County Greyhound Park, Inc., doing business as Victoryland and Quincy's 777; and the owners and operators of the electronic bingo machines, Multimedia Games, Inc., IGT, Cadillac...
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON, Senior District Judge. I. INTRODUCTION This case is before the court on a pair of Motions to Dismiss filed by Guy Malcolm Middleton, M.D. ("Middleton") and Dothan OBGYN, Inc. ("OBGYN") jointly (Doc. # 10), and by Houston County Health Care Authority d/b/a Southeast Alabama Medical Center ("SAMC") and Dawn Michelle Ralls ("Ralls") jointly (Doc. # 11), on August 26, 2011. The court has diversity of citizenship jurisdiction over this action....
ORDER GRANTING PRELIMINARY INJUNCTION W. KEITH WATKINS, Chief Judge. I. INTRODUCTION Plaintiff Morgan Keegan & Company brings this action under the Federal Arbitration Act, see 9 U.S.C. 1-16, for declaratory and injunctive relief to prevent an arbitration proceeding brought against it by Defendant William Shadburn ("Dr. Shadburn") before the Financial Industry Regulatory Authority ("FINRA"). Before the court is Morgan Keegan's Motion for Preliminary Injunction (Doc. #5), which has...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, District Judge. This cause is before the court on a March 18, 2011 Notice of Removal (Doc. # 2) filed by Defendants State Farm Fire and Casualty Company ("State Farm") and Ron Abernathy (collectively "Defendants"), and a Motion to Remand (Doc. # 10) filed by Plaintiffs George and Barbara Exum ("Plaintiffs" or individually by name). The issues having been fully briefed, and after careful consideration of the law and the arguments of counsel, the...
OPINION AND ORDER MYRON H. THOMPSON, District Judge. Following a mistrial, defendants Milton E. McGregor, Thomas E. Coker, Larry P. Means, James E. Preuitt, Harri Anne H. Smith, and Jarrell W. Walker, Jr. move to dismiss the indictment and for judgments of acquittal on double-jeopardy grounds. Relying on principles of issue preclusion embodied in the Double Jeopardy Clause, the defendants argue that the jury decided certain facts in their favor when it found them not-guilty on various...
OPINION MYRON H. THOMPSON, District Judge. The plaintiffs, who applied for security-guard positions with defendant Santa Fe Protective Services, Inc., bring this lawsuit on behalf of themselves and all others similarly situated, charging that Santa Fe discriminated against them on the basis of age, in violation of the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. 621-634. 1 The plaintiffs assert both `disparate treatment' and `disparate impact' claims. Jurisdiction is...
OPINION MYRON H. THOMPSON, District Judge. Defendants Milton E. McGregor, Thomas E. Coker, Robert B. Geddie, Jr., Larry P. Means, James E. Preuitt, Quinton T. Ross, Jr., Harri Anne H. Smith, Jarrell W. Walker, Jr., and Joseph R. Crosby were charged in a 39-count indictment, which included charges of federal programs bribery, extortion, honest services mail and wire fraud, money laundering, making a false statement, obstruction of justice, and conspiracy to commit federal programs bribery....
MEMORANDUM OPINION AND ORDER MARK E. FULLER, District Judge. Plaintiff James W. Bailey ("Bailey") filed this lawsuit in response to allegedly unconstitutional deprivations of rights while Bailey was in custody in the Houston County Jail. Currently pending in this case are three motions to dismiss: Doc. #32—Motion to Dismiss by Andy Hughes, Commander Reed; Doc. #34—Motion to Dismiss by Sgt. [sic] Buchman, Sgt. Jones, Sgt. Reynolds; Doc. #36—Motion to Dismiss by Corrections Officer...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, District Judge. Monica Washington ("Washington"), a female inmate at The Tutwiler Prison for Women ("Tutwiler") alleges violations of her rights under the United States Constitution and various claims pursuant to federal law arising out of the alleged sexual misconduct of a correctional officer. Although Washington originally brought suit against the correctional officer, the Court dismissed those claims after Washington failed to timely serve him....
MEMORANDUM OPINION AND ORDER MARK E. FULLER, District Judge. In this case, the Court is called upon to address the claims of a tenant of Section 8 federally subsidized rental property against the local housing authority and several of its employees for alleged violations of her due process rights, federal housing law, and state law arising out of the attempted termination of her Section 8 benefits. Pursuant to 42 U.S.C. 1983, Minnie McCall ("McCall") brings suit against the Montgomery...
OPINION MYRON H. THOMPSON, District Judge. This is a class action brought by the employees at Alabama funeral homes against their employers for allegedly unpaid wages. The plaintiffs are Douglas Cate, Gregory Cunningham, Bebe Dowe, Marjorie Jackson, James Lovvorn, Michael Powell, and Kemberley Cohee-Irby; the defendants are Service Corporation International ("SCI"), SCI Funeral and Cemetery Purchasing Cooperative, Inc., SCI Houston Market Support Center, L.P., Jane D. Jones, Gwen Petteway,...
MEMORANDUM OPINION AND ORDER W. KEITH WATKINS, Chief Judge. Plaintiff Sweetwater Investors, LLC, brings this diversity action against Defendants Sweetwater Apartments Loan, LLC, SIMA Corp. and James T. Knell, alleging breach of contract and fraud in connection with its purchase of a loan. Before the court is Defendants' motion for summary judgment (Doc. # 76), which has been fully briefed. (Docs. # 77, 93, 97.) After careful consideration of the arguments of counsel, the relevant law, and...
MEMORANDUM OPINION AND ORDER W. HAROLD ALBRITTON, Senior District Judge. I. INTRODUCTION This case is before the court on trial briefs filed by Deutsche Bank National Trust Company ("Deutsche Bank") and Johnny M. Portis and Lisa H. Portis ("the Portises"), and stipulated facts. Two of the parties in these consolidated cases have asked the court to determine whether Deutsche Bank or the Portises have the right to redeem real property owned, through foreclosure sale, by Citibank, N.A. ("...
MEMORANDUM OPINION W. HAROLD ALBRITTON, Senior District Judge. I. INTRODUCTION This case is before the court on Motions for Summary Judgment (Doc. ## 117, 124, 130, 134, 137), filed by the Defendants on February 24, 2001. Pamalon Rollins, Shemedrea Johnson, and Renoda Thomas originally filed a Complaint on May 29, 2009, in the Circuit Court for Montgomery County, against Alabama Community College System; H. Councill Trenholm State Technical College; Samuel Munnerlyn, individually and in...
