MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, District Judge. This matter is before the Court on the following post-trial Motions: the Defendant's Motion for a New Trial (Doc. 217) ("Motion for New Trial"), filed pursuant to Rule 59 of the Federal Rules of Civil Procedure; and the Plaintiff's Motion for Equitable Relief (Doc. 206) ("Motion for Equitable Relief"), which seeks an award of front pay. The parties have fully briefed the Motions, and they are now under submission. The Court has...
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, District Judge. I. INTRODUCTION Plaintiff Kevin McCay ("McCay") initiated this lawsuit against his former employer, Defendant Drummond Company, Inc. ("Drummond") on September 29, 2008, in the Circuit Court of Etowah County, Alabama. (Doc. 1 at Ex. 1). On October 24, 2008, Drummond removed the case to this court on the basis that McCay's claims against it arise under the Employee Retirement Income Security Act of 1974 ("ERISA"), and more...
MEMORANDUM OPINION R. DAVID PROCTOR, District Judge. This matter is presently before the court on the Third Report and Recommendation of the Special Master Regarding Summary Judgment on Counts I and III of Gulf States Reorganization Group's Amended Complaint 1 ("Third Report") (Doc. # 249), and the Report and Recommendation of the Special Master Regarding the Admissibility of Expert Testimony and Nucor's Motion for Summary Judgment ("Fourth Report") (Doc. # 305). I. Introduction A....
MEMORANDUM OPINION JOHN E. OTT, United States Magistrate Judge. This case is before the court on Defendant The Paul Revere Life Insurance Company's Motion for Summary Judgment (Doc. 36), 1 filed November 24, 2010. The motion has been fully briefed and is properly under submission. (Docs. 36-38, 40-41, and 44). Plaintiff William Larry Sullivan, M.D., alleges that Defendant wrongfully denied his claim for insurance under a policy that is governed by the Employee Retirement Income Security...
MEMORANDUM OPINION AND ORDER VIRGINIA EMERSON HOPKINS, District Judge. This Fourth Amendment (by and through 42 U.S.C. 1983) excessive force case is set for a jury trial beginning October 24, 2011. 1 (See CM/ECF margin entry dated July 18, 2011). A hearing on all pending motions and objections, and a preliminary charge conference, was held on October 13, 2011. For the reasons stated in open court, the court hereby ORDERS as follows. I. MOTION IN LIMINE Pending before the court is...
MEMORANDUM OPINION SHARON LOVELACE BLACKBURN, Chief Judge. I. SUMMARY On June 2, 2011, the Alabama Legislature approved House Bill 56 (H.B. 56), the "Beason-Hammon Alabama Taxpayer and Citizen Protection Act," Ala. Laws Act 2011-535, hereinafter H.B. 56. On June 9, 2011, Governor Robert Bentley signed the Act into law, with the majority of its provisions to become effective on September 1, 2011. On August 29, 2011, this court temporarily enjoined the Act until September 29, 2011. On...
MEMORANDUM OPINION PAUL W. GREENE, United States Chief Magistrate Judge. Before the court is defendant Precoat Metals's motion for summary judgment, brief, and evidentiary submissions (doc. 20); plaintiff's opposition (doc. 22) and evidentiary submissions (doc. 23); and defendant's reply (doc. 24). 1 Having considered the motion and all other pleadings filed to date, the undersigned finds as follows: Factual Background Plaintiff Michael Hatcher ("Hatcher") was hired into the...
MEMORANDUM OPINION ABDUL K. KALLON, District Judge. Before the court are Defendant Dollar Tree Stores, Inc.'s ("Dollar Tree" or "Defendant") Motion to Decertify, (doc. 165), and Motion to Strike, (doc. 176), and Plaintiffs Cynthia Ann Collins and Beryl Dauzat's ("Plaintiffs") Motion to Strike, (doc. 186). Defendant asserts that decertification is warranted here because Plaintiffs are statutorily limited to claims involving employees from their individual stores. In its discretion, the court...
MEMORANDUM OPINION J. FOY GUIN, JR., District Judge. This cause is before the court on appeal from an order entered by the United States Bankruptcy Court for the Northern District of Alabama, Northeastern Division, in an adversary proceeding in the chapter 11 bankruptcy case of Verilink Corporation, dismissing Appellant's second amended complaint. The court has jurisdiction pursuant to 28 U.S.C. 158. STANDARD OF REVIEW "In reviewing a bankruptcy court judgment as an appellate court, the...
MEMORANDUM OPINION WILLIAM M. ACKER, JR. , District Judge . Because plaintiff, Equal Employment Opportunity Commission ("EEOC"), has timely filed objections to the report and recommendation submitted by the magistrate judge to whom the above-entitled case was originally assigned, the district court is obligated to evaluate the controversy de novo. The court has now performed that not inconsiderable task. The court ends in total agreement with the magistrate judge. But, because EEOC so...
ORDER DENYING RULE 60(b) MOTION INGE PRYTZ JOHNSON, District Judge. On December 16, 2009, 880 F.Supp.2d 1162 , 2009 WL 8636196 (N.D.Ala.2009), the court entered its memorandum opinion and final order dismissing the instant petition for writ of habeas corpus, finding that the petition was time barred under 28 U.S.C. 2244(d) and that petitioner had shown neither equitable tolling nor actual innocence as a way to avoid the time bar. On January 13, 2010, petitioner filed his notice of...
MEMORANDUM OPINION INGE PRYTZ JOHNSON, District Judge. This action seeks habeas corpus relief with respect to Petitioner Geoffrey Todd West's ("West" or "Petitioner") state court conviction and death sentence on a charge of capital murder. See 28 U.S.C. 2254 (2006). All of the claims have been briefed to the Court, and the petition is ready for adjudication. FACTUAL BACKGROUND A. THE OFFENSE The following summary of the evidence relevant to the offense is taken from the Alabama Court...
MEMORANDUM OPINION WILLIAM M. ACKER, JR., District Judge. Before the court is the motion (Doc. 28) of defendant, BFI Waste Services, LLC d/b/a Allied Waste Services of Birmingham ("BFI"), for summary judgment. Plaintiff, Thomas J. Gwin ("Gwin"), filed a responsive brief (Doc. 31), and BFI replied (Doc. 33). Gwin, who is white and a former employee of BFI, brought this race discrimination claim under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, et seq. It is,...
MEMORANDUM OPINION KARON OWEN BOWDRE, District Judge. This is a action on a petition for a writ of habeas corpus brought pursuant to 28 U.S.C. 2241. ( See Doc. 1 1-1). The Petitioner, Waled Naim Khader, seeks review of the lawfulness of his continued detention by the United States Department of Homeland Security, Immigration and Customs Enforcement ("ICE"), pending deportation to Jordan. On June 27, 2011, the magistrate judge entered a report and recommendation stating that, under...
ORDER OF DISMISSAL SHARON LOVELACE BLACKBURN, Chief Judge. The magistrate judge filed his report and recommendation in this habeas corpus action on November 22, 2011, recommending that the petition be dismissed as untimely filed under 28 U.S.C. 2244(d). To date, no party has objected to the report and recommendation. Having carefully reviewed and considered de novo the report and recommendation and other matters in the court file, the court finds that the report is due to be and hereby...
MEMORANDUM OPINION AND ORDER WILLIAM M. ACKER, JR., District Judge. Metropolitan Life Insurance Company's appellate lawyers in the above-entitled case, as reflected in West Publishing Company's report of the Per Curiam opinion of June 30, 2011, 644 F.3d 1350 (11th Cir. 2011), were Elizabeth J. Bondurant, Smith, Moore, Leatherwood, LLP, Atlanta, GA, James S. Christie, Brian M. Vines, Bradley, Arant, Boult, Cummings, LLP, Birmingham, AL, Teresa Wynn Roseborough, Iole Staples, New York City,...
ORDER INGE PRYTZ JOHNSON, District Judge. Pending before the court are the defendant's motion for judgment as a matter of law or, alternatively, that the judgment be vacated (doc. 79); defendant's motion for remittitur and constitutional reduction of punitive damages award (doc. 80), and the defendant's motion for a new trial (doc. 81), to which the plaintiff filed a memorandum in opposition to defendant's motion for new trial, and a memorandum in opposition to the defendant's motion for...
MEMORANDUM OPINION AND ORDER LYNWOOD SMITH, District Judge. This action is before the court on the motion of petitioner, the Jefferson County Board of Education, for "Emergency Preliminary and Permanent Injunctive Relief, or, in the Alternative, for Emergency Stay of Administrative Order." 1 In substance, that motion asks this court to enjoin or stay the enforcement of an order entered by an administrative hearing officer on May 19, 2011, under the putative authority of the Individuals with...
MEMORANDUM OPINION LYNWOOD SMITH, District Judge. This case is before the court on plaintiffs' "Motion for Preliminary Injunction or Restraining Order." 1 Upon consideration of the motion, pleadings, testimony, exhibits, briefs, oral arguments of counsel, and independent research, the court concludes that the motion is due to be granted, and a preliminary injunction entered. The reasons for that conclusion are set forth below. I. RELEVANT ALABAMA LAWS The Alabama Code directs city and...
ORDER VIRGINIA EMERSON HOPKINS, District Judge. Plaintiff Sheryl Harvey ("Harvey") filed a Motion to Compel on April 13, 2011. (Doc. # 12). Defendant Standard Insurance Company ("Standard") filed its Response on April 27, 2011. (Doc. # 17). Harvey filed a Reply in Support of the Motion on May 6, 2011. (Doc. # 22). The Motion has been fully briefed and is ready for decision. I. Background Harvey is a plan participant in a short and long term disability benefits plan issued by Standard to...
