MEMORANDUM OPINION AND ORDER MADELINE HUGHES HAIKALA , District Judge . I. Introduction and Procedural History On June 15, 2018, plaintiff Ralph Calvert filed this premises liability action against defendants XTRA Lease, LLC and Kristie Lahue in the Circuit Court of Jefferson County, Alabama. (Doc. 1-1, p. 3). Mr. Calvert sued Ms. Lahue in her capacity as the branch manager of XTRA's operations in Birmingham. (Doc. 1-1, p. 4, 5). The case concerns an accident that occurred on XTRA's...
MEMORANDUM OPINION ABDUL K. KALLON , District Judge . Petitioner Harrell Hammell filed this action for a writ of habeas corpus, pro se, on May 18, 2018. Doc. 1. Hammell challenges his September 2009 conviction and sentence for capital murder. Id. On November 28, 2018, the magistrate judge entered a report recommending the petition be dismissed with prejudice becuase Hammell's claims are untimely and procedurally defaulted. Doc. 6. The magistrate judge notified Hammell of his right to...
MEMORANDUM OPINION ABDUL K. KALLON , District Judge . This products liability action arises from injuries Jason Harris sustained in an accident while operating an electric pallet jack manufactured by The Raymond Corporation ("Raymond"). Doc. 1-1. Harris contends that defects in the pallet jack caused the accident, and he asserts a claim against Raymond under the Alabama Extended Manufacturer's Liability Doctrine ("AEMLD"). Before the court are Raymond's motion for summary judgment, doc....
MEMORANDUM OPINION AND ORDER ANNEMARIE CARNEY AXON , District Judge . Plaintiff Glen Brawley, an orthodontist, had five disability income policies with Defendant Northwestern Mutual Life Insurance Company ("Northwestern"). (Doc. 1-1 at 7-12). After he severely injured his dominant hand in a brush saw accident, Dr. Brawley filed a claim under each of the policies. ( Id. at 19-25, 34). Until January 1, 2015, Northwestern paid Dr. Brawley disability benefits under all five policies,...
MEMORANDUM OPINION ABDUL K. KALLON , District Judge . The magistrate judge filed a report on November 27, 2018, recommending denial of Petitioner Curtis Thornton's motion to expand the habeas record and petition for writ of habeas corpus. Doc. 30. Thornton filed objections to the report and recommendation on December 13, 2018. Doc. 31. Thornton argues the magistrate judge erred by adjudicating his habeas petition pursuant to 28 U.S.C. 2254 rather than 28 U.S.C. 2241. Id. at 1. See...
MEMORANDUM OPINION AND ORDER ANNEMARIE CARNEY AXON , District Judge . Plaintiff Gurlene Blankenship fell over a floor mat while shopping in a Piggly Wiggly grocery store operated by Defendant Baker Foods, Inc. ("Baker"). (Doc. 4 at 2-3). Mrs. Blankenship and her husband, Joseph, allegedly suffered injuries as a result of this fall and filed suit against Baker to recover damages. ( Id. at 6-7). In the amended complaint, the Blankenships allege that the floor mat located at the store exit...
MEMORANDUM OPINION LILES C. BURKE , District Judge . Before the Court is defendant FedLoan's Motion to Dismiss plaintiff's complaint pursuant to Rule 12(b)(6), Fed. R. Civ. P. 1 For the reasons stated below, this Court finds that the motion to dismiss is due to be granted. Background On August 24, 2018, the plaintiff, Wendell Dwayne O'Neal, filed a pro se complaint in which he made several allegations arising out of student loans he obtained in order to attend one or more online...
MEMORANDUM OPINION AND ORDER C. LYNWOOD SMITH, JR. , District Judge . The magistrate judge entered a report on December 3, 2018, recommending that this court should reverse the decision of the Commissioner of the Social Security Administration to deny claimant's claim for a period of disability and disability insurance benefits, and remand the case to the Commissioner for further consideration of the Department of Veterans Affairs disability benefits letter. 1 Claimant was notified of his...
MEMORANDUM OPINION AND ORDER LILES C. BURKE , District Judge . Plaintiffs, Compton and Faye Braithwaite, who are proceeding pro se, filed an action to quiet title in the Circuit Court of Madison County, Alabama, on April 25, 2017, against Specialized Loan Servicing aka Specialized Loan Servicing LLC (hereinafter referred to as "SLS"). (Doc 1-1, p. 12). Plaintiffs' claims are difficult to discern, but they appear to assert federal claims pursuant to the Fair Debt Collection Practices Act,...
MEMORANDUM OPINION ABDUL K. KALLON , District Judge . This case is before the court on Respondents' Motion to Dismiss as Moot, filed December 10, 2018. (Doc. 8). Respondents note Petitioner was removed from the United States to Gambia on December 5, 2018. ( Id. at 1; Doc. 8-1 at 1). In light of the removal, the court can no longer provide meaningful relief, meaning the petition for writ of habeas corpus is moot. See Nyaga v. Ashcroft, 323 F.3d 906 , 913 (11th Cir. 2003). Accordingly,...
MEMORANDUM OPINION KARON OWEN BOWDRE , Chief District Judge . This case is before the court on Respondents' Motion to Dismiss Petition as Moot, filed December 14, 2018. (Doc. 13). In the motion, Respondents note Petitioner was removed from the United States to Jamaica on November 29, 2018. (Doc. 13-1, Pitman Decl.). Article III of the Constitution limits the jurisdiction of federal courts to the consideration of "cases or controversies." U.S. CONST. art. III, 2. The doctrine of...
MEMORANDUM OPINION and ORDER T. MICHAEL PUTNAM , Magistrate Judge . On October 17, 2018, the plaintiff, Mandy Powrzanas, filed a motion for sanctions against the defendant and defendant's counsel, pursuant to Rule 11 of the Federal Rules of Civil Procedure. (Doc. 95). She contends that the counterclaims filed against her by the defendant and counsel violate Rule 11 as being both frivolous and offered for an improper purpose. Having carefully considered the evidence and arguments advanced...
MEMORANDUM OPINION AND FINAL JUDGMENT C. LYNWOOD SMITH, JR. , District Judge . The magistrate judge filed a report on November 28, 2018, recommending that this court should affirm the decision of the Commissioner of the Social Security Administration to deny claimant's claim for a period of disability, disability insurance, and supplemental security income benefits. 1 Claimant objected to the report and recommendation. 2 Having carefully reviewed and considered de novo all the...
MEMORANDUM OPINION ABDUL K. KALLON , District Judge . This is an action for a writ of habeas corpus action filed by petitioner Wilbert James Smith, pro se. Doc. 1. Smith challenges his 2013 conviction in Madison County Circuit Court on three counts of capital murder. Id. at 2. On November 16, 2018, the magistrate judge entered a report and recommendation pursuant to 28 U.S.C. 636(b), recommending that habeas relief be denied. Doc. 7. Smith filed timely objections to the report and...
MEMORANDUM OPINION AND ORDER ABDUL K. KALLON , District Judge . The court has for consideration the Plaintiff's motion for a protective order, doc. 40, seeking to exclude the Defendants from asking him questions about his pending charges for child molestation and possession of child pornography. 1 The Plaintiff has filed this lawsuit seeking to enforce the Defendants' financial support obligations as his sponsors under a Form I-864 Affidavit of Support. Doc. 1. The Defendants believe...
MEMORANDUM OPINION AND ORDER JOHN E. OTT , Chief Magistrate Judge . Plaintiffs Willie Collier and Collier Welding, LLC filed a complaint in this court 1 against the Alabama Department of Transportation ("ALDOT") alleging violations of Title VI of the Civil Rights Act of 1964 ("Title VI"). 2 (Doc. 1). 3 The court has before it the June 22, 2018 motion for summary judgment filed by ALDOT. (Doc. 59). The motion has been fully briefed (docs. 60, 66, 67), and is now ripe for decision. For...
MEMORANDUM OPINION AND ORDER ABDUL K. KALLON , UNITED STATES DISTRICT JUDGE . Erich, Sherri, and John Halbert ("the Halberts") bring this action against Credit Suisse AG and Janus Index & Calculation Services, LLC ("JICS") alleging federal and state securities violations and tortious conduct. Docs. 1; 45. The Defendants have jointly moved to transfer venue to the S.D.N.Y. under 28 U.S.C. 1404(a) or, alternatively, to stay the action pending the resolution of similar cases in the S.D.N....
MEMORANDUM OPINION R. DAVID PROCTOR , District Judge . This case is before the court on Defendant's motion to dismiss. (Doc. # 10). After careful consideration, and for the reasons explained below, the court concludes the motion is due to be granted. I. Factual and Procedural Background This case arises out of Plaintiff's employment with the United States Postal Service from November 1999 until April 2008. This is the second lawsuit Plaintiff has filed complaining of her former employer'...
MEMORANDUM OPINION AND ORDER LILES C. BURKE , District Judge . On June 9, 2017, Plaintiff, Sharon Miller, filed a complaint (Doc. 1) seeking judicial review of an adverse final decision of the Commissioner of the Social Security Administration ("the Commissioner") pursuant to 42 U.S.C. 405(g). On December 1, 2017, Plaintiff filed a brief in support (Doc. 11). On January 2, 2018, the Commissioner filed a Memorandum in Support (Doc. 12). Therefore, this matter is ripe for review. For the...
MEMORANDUM OPINION KARON OWEN BOWDRE , Chief District Judge . In the movie Groundhog Day, weatherman Phil Connors finds himself stuck in a time loop in Punxsutawney, Pennsylvania. Each day, he wakes up to the same song, reports on the same news story, and relives the same 24 hours. Likewise, each day since Defendants filed their motion to compel Grant Barger's deposition, this court feels as if it has relived the same 24 hours as Mr. Barger 1 continues to file motions and notices...
