MEMORANDUM OPINION PAUL W. GREENE, United States Chief Magistrate Judge. Before the court are motions to reconsider filed by defendants Huron Valley Steel Corporation; Walter Energy, Inc.; United States Pipe and Foundry Company, Inc.; McWane, Inc.; FMC Corporation; BEA Systems & Armaments, LP; DII Industries, LLC; MeadWestvaco Corporation; Phelps Dodge Industries, Inc.; Southern Tool LLC; and Scientific-Atlanta, Inc. (hereinafter the "Defendants"). (Docs. 542, 544, 546, 547, 548, 549, 550,...
MEMORANDUM OPINION AND ORDER C. LYNWOOD SMITH, District Judge. Plaintiff, Jerome Sirote, filed this case on October 5, 2010, against defendants BBVA Compass Bank ("Compass" or "Compass Bank"), Amy L. Shehan ("Shehan"), and Lisa D. Williams ("Williams"). The individual defendants are either employees or former employees of Compass. Plaintiff's original complaint asserted claims for violations of the Truth in Lending Act ("TILA"), 15 U.S.C. 1601 et seq., the Real Estate Settlement...
MEMORANDUM OPINION 1 ABDUL K. KALLON, District Judge. The court has before it Defendant/Counterclaim Plaintiff B.L. Harbert International, LLC's ("BLH") Motion for Summary Judgment, (doc. 48), 2 and Plaintiff/Counterclaim Defendant Great American Insurance Company's ("GAIC") Motion for Summary Judgment, (doc. 91). Defendant/Counterclaim Plaintiff the Jefferson County Commission ("the JCC") adopts and incorporates BLH's arguments, (doc. 96). In short, GAIC underwrote a Builder's Risk...
MEMORANDUM OPINION AND ORDER C. LYNWOOD SMITH, JR., District Judge. Plaintiff asserts claims against USF Holland, Inc., his current employer, under 42 U.S.C. 1981 and Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et seq. ("Title VII"), for disparate treatment, hostile work environment, and retaliation. 1 Defendant has moved for summary judgment as to all of plaintiff's claims. 2 Upon consideration of the parties' briefs and evidentiary submissions, the court...
ORDER ABDUL K. KALLON, District Judge. Before the court are Defendant Riverview Animal Clinic's ("Defendant") Motion for Summary Judgment, (doc. 48), and Plaintiff Equal Employment Opportunity Commission's ("EEOC" or "Plaintiff") Motion for Partial Summary Judgment, (doc. 50). The motions are fully briefed, (docs. 49, 51, 54, 55, 57, 58), and ripe for review. The court has considered Defendant's motion for summary judgment, Plaintiffs response, Defendant's reply, the evidentiary submissions...
MEMORANDUM OF DECISION JAMES H. HANCOCK, Senior District Judge. The court has before it two motions for summary judgment. The first is the July 6, 2010 motion (doc. # 24) of Plaintiff/Counterclaim Defendant Fidelity & Deposit Company of Maryland ("F & D") for judgment as a matter of law, or in the alternative for summary judgment. The second is the July 7, 2010 motion (doc. # 25) of Defendant/Counterclaim Plaintiff the Jefferson County Commission ("JCC") for summary judgment. Pursuant to the...
MEMORANDUM OPINION ABDUL K. KALLON, District Judge. I. BACKGROUND This is an action brought under the federal Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. ("FDCPA"). Plaintiff also alleges state law claims pursuant to this court's supplemental jurisdiction. 28 U.S.C. 1367. Plaintiff Samuel Lee Leahey ("Leahey") alleges that Defendant Franklin Collection Service, Inc. ("FCSI") left a message regarding an alleged debt in April 2009 1 on Leahey's speakerphone answering...
MEMORANDUM OPINION AND ORDER LYNWOOD SMITH, District Judge. Plaintiffs, Jennifer Hall and Jose Rocha, formerly worked as hourly-wage employees in the Russellville, Alabama poultry processing plant originally owned by Gold Kist, Inc., but subsequently acquired by Pilgrim's Pride Corporation. 1 More than three years ago, plaintiff Jennifer Hall commenced this suit as a putative class action, alleging that, over the four years preceding the date of her complaint, defendants, Phyllis Thomas and...
MEMORANDUM OPINION KARON OWEN BOWDRE, District Judge. This ERISA case comes before the court on Plaintiffs "Objection to Declaration of Kathleen Peters and Motion to Strike Affidavit" (doc. 36); Plaintiffs "Motion to Supplement the Record or, in the alternative, Motion to Remand" (doc. 20) (attaching documents as supplements to the Record); Plaintiffs "Motion for Partial Summary Judgment on Issues of which Policy is Applicable, What Benefit Rate is Applicable and Whether Discretionary...
MEMORANDUM OPINION JOHN E. OTT, United States Magistrate Judge. The court, sitting pursuant to its diversity jurisdiction under 28 U.S.C. 1332(a), has before it the motion of the defendants, D & D Oil Company, Inc., Superior Transport, Inc., The Pantry, Inc., and Larry Martin (hereinafter referred to collectively as "Defendants"), for summary judgment on the claims of the plaintiff, Moore Oil Company, Inc. (hereinafter "Plaintiff"), filed pursuant to FED.R.CIV.P. 56(c) on April 10, 2009. (...
MEMORANDUM OF OPINION AND ORDER L. SCOTT COOGLER, District Judge. The Court has for consideration defendant AT & T Mobility, LLC's ("ATTM") motion to compel arbitration and dismiss, which was filed on October 16, 2009. (Doc. 5.) The motion has been briefed by the parties and is ripe for review. 1 I. Background. Plaintiff Kyra Powell ("Powell"), a resident citizen of Alabama, is an ATTM customer. Powell purchased an iPhone 3GS at an AT & T store on March 19, 2009. At that time, Powell...
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, District Judge. I. Introduction Plaintiff Sanford Lavoy Jones ("Mr. Jones") initiated this Americans with Disabilities Act ("ADA") lawsuit against Defendant Pilgrim's Pride, Inc. ("Pilgrim's Pride") on November 4, 2009. (Doc. 1). The court stayed the action on November 23, 2009, due to the suggestion of bankruptcy filed by Pilgrim's Pride on November 10, 2009. (Docs. 5, 3). On January 12, 2010, the court lifted the stay as a result of Pilgrim's...
MEMORANDUM OPINION AND ORDER WILLIAM M. ACKER, JR., District Judge. This court has previously held, and still believes, that Rule 56, F.R.Civ.P., was not designed for, and is only awkwardly used for, the resolution of disputes over entitlement to disability benefits under the Employee Retirement Security Act of 1974, 29 U.S.C. 1001, et seq. ("ERISA"). Nevertheless, the case law as it has evolved since 1974, despite the variants and contradictions introduced to the hodge—podge by the...
ORDER ABDUL K. KALLON, District Judge. The court has before it The Southern Conference's ("Defendant") Motion to Dismiss. Doc. 15. Amanda Barrs, Kathryn England, Holly Reeves, and Stephanie Royall ("Plaintiffs") responded, (doc. 20), and Defendant replied, (doc. 21). This matter is now ripe for resolution. For the reasons stated below, the motion is DENIED. I. PROCEDURAL HISTORY Plaintiffs are former members of Samford University's softball team, who graduated in May 2010. Doc. 1 8-11;...
MEMORANDUM OPINION J. FOY GUIN, JR., District Judge. The plaintiff, Donna Horton Minter, brings this action pursuant to the provisions of section 205(g) of the Social Security Act (the Act), 42 U.S.C. 405(g), seeking judicial review of a final adverse decision of the Commissioner of the Social Security Administration (the Commissioner) denying her application for Social Security Disability Insurance Benefits, Supplemental Security Income, and Disabled Widow's Benefits. Plaintiff timely...
MEMORANDUM OPINION AND ORDER WILLIAM M. ACKER, JR., District Judge. The complaint of Thomas J. Gwin ("Gwin"), against his former employer, BFI Waste Services, LLC, d/b/a Allied Waste Services of Birmingham ("BFI"), invokes both Title VII (42 U.S.C. 2000e, et seq.), and the Age Discrimination in Employment Act ("ADEA") (29 U.S.C. 621, et seq.). Gwin claims that he was discharged because of his being in two protected groups, first, members of the white race, and second, persons over...
MEMORANDUM OPINION WILLIAM M. ACKER, JR., District Judge. Before the court is the motion of defendants, Ambac Financial Group, Inc., and Ambac Assurance Corporation (collectively "Ambac"), to dismiss the amended complaint of plaintiff, Water Works Board of the City of Birmingham ("the Board"), for failure to state a claim upon which relief can be granted. Ambac's said Rule 12(b)(6) motion was orally argued on February 26, 2010. For the reasons that follow, the motion will be granted, and the...
MEMORANDUM OPINION ABDUL K. KALLON, District Judge. Before the court is Defendant Ingram & Associates' ("Ingram") Motion for Summary Judgment. Doc. 58. 1 Plaintiffs Roger and Carol Shuler ("plaintiffs," or, sometimes referred to by their individual names) have responded, (doc. 61), and Ingram has replied, (doc. 67). Accordingly, this matter is ripe for determination. Ingram's motion is GRANTED, for the reasons outlined below. I. PROCEDURAL HISTORY Plaintiffs commenced this action on July...
MEMORANDUM OPINION ROBERT B. PROPST, Senior District Judge. This cause comes before the court on the defendants' appeal from an order of the Bankruptcy Court of the Northern District of Alabama, Northern Division as established by the Motion for Leave to Appeal filed on May 7, 2010; Stipulation and Joint Motion for an Order Granting Motion for Leave to Appeal and Setting Appellate Briefing Schedule filed on May 20, 2010; and this court's order dated May 21, 2010. The court has considered...
