MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, District Judge. THIS CAUSE is before the court on the following motions: Plaintiff's Motion for Entry of Judgment (Doc. 15); Defendant's Motion for Summary Judgment (Doc. 17); Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint (Doc. 41); Defendant's Motion to Strike Plaintiff's Exhibits 1, 4, and 22 and Pages 45-47 of Her Response (Doc. 50) (referencing Doc. 44); Plaintiff's Motion for Judgment against Unum (Doc. 59); Defendant's...
MEMORANDUM OPINION AND ORDER C. LYNWOOD SMITH JR., District Judge. Plaintiff, John Wesley Burch, who is proceeding pro se, filed this case on September 7, 2010. 1 His amended complaint asserts claims for alleged violations of rights guaranteed by the First, Fourth, and Fourteenth Amendments to the United States Constitution against the City of Florence, Alabama ("City"), Luke McIntyre, and Charles Philip Moss. 2 Both individual defendants are police officers for the City, and both are...
MEMORANDUM OPINION AND ORDER MARK E. FULLER, District Judge. I. INTRODUCTION Plaintiff Willie Taylor, III, has filed a pro se complaint pursuant to Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 , 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), and 42 U.S.C. 1983, alleging that rights, privileges, or immunities afforded him under the Constitution or laws of the United States were abridged when he was booked into the Jefferson County Jail in Birmingham, Alabama. 1 Plaintiff has...
ORDER C. LYNWOOD SMITH, JR., District Judge. This case is before the court on defendant Donaldo Figueroa-Cruz's "Motion to Suppress" (doc. 28), "Amended Motion to Suppress" (doc. 30), and "Further Motion to Suppress" (doc. 37). After holding an evidentiary hearing, the magistrate judge entered his findings and recommendation on August 2, 2012 (doc. 47). Defendant filed a "Notice of Appeal From Magistrate to District Judge" on August 7, 2012 (doc. 49). Upon consideration of the entire record...
MEMORANDUM OPINION HARWELL G. DAVIS, III, United States Magistrate Judge. On December 11, 2009, plaintiff Jeffery A. Clark, III, ("Clark") an African-American, initiated this civil action with a two-count complaint filed in the Northern District of Alabama against defendant APAC Mid-South, Inc., ("APAC") alleging race discrimination and retaliation in violation of 42 U.S.C. 1981 ("Section 1981") and Title VII of the Act of Congress, 42 U.S.C. 2000e et seq. (Civil Rights Act of 1964, as...
MEMORANDUM OPINION WILLIAM M. ACKER, Jr., District Judge. This Title VII case revolves around repeated churlish, childish, gross, sordid, vulgar, foul, disgusting, profane utterances in the workplace. The question in the case, however, is not how vile and obnoxious this workplace language was. It was vile and obnoxious enough to score nine on a scale of ten. This will become apparent as the story unfolds. The question for the court is rather whether this verbal mayhem morphed from a...
MEMORANDUM OPINION KARON OWEN BOWDRE, District Judge. This case, alleging race discrimination and retaliation, comes before the court on Defendant Noland Health Services, Inc.'s Motion for Summary Judgment. (Doc. 18). The Plaintiff did not respond to the Motion. For the reasons stated below, the court finds that Defendant's Motion is due to be GRANTED in its entirety. STATEMENT OF FACTS Because Taunton did not object to or in any way dispute the Defendant's statement of facts, the...
MEMORANDUM OPINION AND ORDER C. LYNWOOD SMITH, JR., District Judge. On May 10, 2012, following the trial of this case, the jury returned a verdict finding that defendant, Epocal, Inc. ("Epocal"), did not infringe any of the claims of the patents owned by plaintiff Abbott Point of Care, Inc. ("Abbott"), and that Epocal did not tortiously interfere with the employment contracts of any of Abbott's former employees. 1 That verdict represented a fully favorable decision for Epocal, and it was...
MEMORANDUM OPINION R. DAVID PROCTOR, District Judge. This case is before the court on Defendant Kongsberg Inc.'s Motion to Quash Service of Process and to Dismiss Plaintiff's First Amended Complaint (Doc. # 1-10). Kongsberg asserts that it does not have sufficient contacts with the state of Alabama such that this court may properly exercise personal jurisdiction over it. (Doc. # 1-10). The matter has been fully briefed. (Docs. # 24, 25 and 26). I. Background This case arises out of an...
MEMORANDUM OPINION VIRGINIA EMERSON HOPKINS, District Judge. I. INTRODUCTION AND PROCEDURAL HISTORY The exact scope of Ms. Cook's collection of federal and state law claims is not entirely clear to the court. With that disclaimer in mind, Ms. Cook's amended complaint (Doc. 8) filed on February 15, 2012, lists five separate counts. Count one indicates that it is for injunctive relief premised upon a deprivation of federal first amendment freedom of speech rights. (Doc. 8 1-13). Count two...
MEMORANDUM OF OPINION C. LYNWOOD SMITH, JR., District Judge. TABLE OF CONTENTS I. OVERVIEW OF CIVIL REMEDIES UNDER RICO .....................................1164 II. MOTION TO STRIKE ..........................................................1165 A. Legal Standard ........................................................1165 B. Expert Report of Edward Mallon ........................................1166 1. Mallon's methods ..................................................1167 2....
MEMORANDUM OPINION SHARON LOVELACE BLACKBURN, Chief Judge. This case is currently before the court on counterclaim defendant United Transportation Union's Motion to Dismiss Counts II through VII of BSRR's Counterclaim ("Motion to Dismiss"), (doc. 18). 1 Upon consideration of the submissions, the arguments of counsel, and the relevant law, the court finds that the Motion to Dismiss, (doc. 18), is due to be granted. I. STANDARD OF REVIEW Under Fed.R.Civ.P. 12(b)(6), a party may move the...
MEMORANDUM OF DECISION JAMES H. HANCOCK, Senior District Judge. The court has before it the July 18, 2012 Motion (Doc. #25) for Summary Judgment filed by Defendant Deputy Daniel R. Whidby. Pursuant to the court's July 19, 2012 order (Doc. #27), the Motion was deemed submitted, without oral argument, to the court for decision on August 16, 2012. After consideration of the briefs and evidence before the court, the Motion (Doc. #25) is due to be granted in part and denied in part for the reasons...
MEMORANDUM OPINION AND ORDER SMITH, District Judge. First Metro Bank commenced this action on June 20, 2012, asserting a claim against Central Bank for failure to honor a letter of credit. 1 The case currently is before the court on the following motions: (1) plaintiff's motion for an expedited pretrial conference; 2 (2) defendant's motion to dismiss for lack of personal jurisdiction or, alternatively, to stay the action pending the outcome of a parallel state court proceeding; 3 (3)...
MEMORANDUM OPINION SHARON LOVELACE BLACKBURN, Chief Judge. On August 16, 2012, 2012 WL 4482393, the Magistrate Judge filed his Report and Recommendation, (doc. 73), 1 recommending: (1) The City's Motion for Summary Judgment (doc. 46) ... be granted; (2) Julius Dalton Murphy's Motion for Summary Judgment (doc. 47) ... be granted in part and denied in part; (3) The City's Motion for Summary Judgment (doc. 52) ... be administratively terminated; (4) Plaintiffs' Motion to Strike the City's "...
MEMORANDUM OPINION WILLIAM M. ACKER, JR., District Judge. Using a form furnished her by the Clerk, plaintiff, Doris Ephraim ("Ephraim"), filed this pro se action against her former employer, The Pantry, Inc. ("The Pantry"). Her original complaint was wandering, inartful, and, in many other ways, deficient. The court granted her permission to proceed in forma pauperis, but required her within thirty (30) days to file a complaint meeting the standards of the substantive and procedural...
MEMORANDUM OPINION INGE PRYTZ JOHNSON, District Judge. Pending before the court in this action for declaratory judgment are motions for summary judgment and related pleadings: first, intervenor plaintiff QBE Insurance Corporation's ("QBE") motion for summary judgment (doc. 52), a brief in support (doc. 53) and evidentiary submission (doc. 55) in support thereof, defendants Jimmy and Sheila Fowler's response (doc. 62), defendant Newman Specialized Carriers Inc.'s ("Newman") response (doc....
MEMORANDUM OPINION KARON OWEN BOWDRE, District Judge. This FLSA collective action comes before the court on Defendant Aaron Rents' Motion for Summary Judgment as to Plaintiff Tom Kuntsmann individually, filed September 29, 2011. (Doc. 218). 1 Kuntsmann filed a complaint on October 22, 2008, alleging that Aaron willfully violated the Fair Labor Standards Act ("FLSA") by misclassifying him and similarly situated employees as exempt from the FLSA's overtime requirements. (Doc. 1). Mr....
MEMORANDUM OPINION SHARON LOVELACE BLACKBURN, Chief Judge. This case is presently pending before the court on defendants' Motion for Summary Judgment. (Doc. 30.) 1 Plaintiff Elizabeth W. McElroy, as Administratrix of the Estate of Reginald W. Osby, has sued the City of Birmingham and its police officer, Matthew Hutchins, alleging violations of Mr. Osby's Fourth Amendment rights and Fourteenth Amendment/Equal Protection rights. She also alleges a state-law wrongful death claim. These claims...
MEMORANDUM OF OPINION L. SCOTT COOGLER, District Judge. I. Introduction Plaintiffs, who worked at different Dollar Tree Stores throughout the country as store managers, filed the above actions pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., claiming that they were wrongfully classified as exempt and thus improperly denied overtime compensation. Pending before this Court is the Renewed Motion to Decertify the Collective Action (Doc. 503) 1 filed by Defendant,...
