MEMORANDUM LILES C. BURKE , District Judge . The parties have filed a Joint Stipulation of Dismissal with Prejudice as to All Consolidated Cases (Doc. 31). Parties may dismiss a lawsuit voluntarily by filing a stipulation of dismissal signed by all parties who have appeared, except in suits involving class or derivative actions, unincorporated associations, and receiverships. Fed. R. Civ. P. 41(a)(1)(A)(ii). None of these exceptions apply in this case. Because the parties have filed a...
MEMORANDUM OPINION MADELINE HUGHES HAIKALA , District Judge . Pursuant to 28 U.S.C. 2254, David Leslie Powell, Jr., an Alabama state prisoner proceeding pro se, filed a petition and supplemental petition for a writ of habeas corpus. (Docs. 1, 29). On November 25, 2019, the magistrate judge entered a report in which he recommended dismissal of this matter with prejudice because Mr. Powell has not exhausted his state court remedies. (Doc. 35). The magistrate judge advised the parties of...
MEMORANDUM LILES C. BURKE , District Judge . The parties have filed a Joint Stipulation of Dismissal with Prejudice (Doc. 73). Parties may dismiss a lawsuit voluntarily by filing a stipulation of dismissal signed by all parties who have appeared, except in suits involving class or derivative actions, unincorporated associations, and receiverships. Fed. R. Civ. P. 41(a)(1)(A)(ii). None of these exceptions apply in this case. Because the parties have filed a joint stipulation of dismissal...
MEMORANDUM OPINION ABDUL K. KALLON , District Judge . Sherry Lynn Lockridge brings this action pursuant to 42 U.S.C. 405(g), seeking review of the final adverse decision of the Commissioner of the Social Security Administration ("SSA"). After careful review, the court finds that the Administrative Law Judge ("ALJ") applied the correct legal standards and that the ALJ's decision, which has become the Commissioner's final decision, is supported by substantial evidence. Therefore, the...
MEMORANDUM OPINION MADELINE HUGHES HAIKALA , District Judge . Pursuant to 42 U.S.C. 405(g) and 1383(c), plaintiff Laura Davis seeks judicial review of a final adverse decision of the Commissioner of Social Security. The Commissioner denied Ms. Davis's claims for disability insurance benefits and supplemental security income. For the reasons stated below, the Court affirms the Commissioner's decision because substantial evidence supports the decision. I. PROCEDURAL HISTORY Ms. Davis...
MEMORANDUM OPINION KARON OWEN BOWDRE , Chief District Judge . This matter comes before the court on the magistrate judge's report and recommendation (doc. 37) that the court deny Defendant Hannibal Ukorkaroy Moore's motion to suppress (doc. 29). Mr. Moore filed objections (doc. 38) and the magistrate judge held an evidentiary hearing on December 20, 2019. In that hearing, after discussions with the defendant and his counsel, the magistrate judge construed Mr. Moore's objections (doc. 38),...
MEMORANDUM OPINION R. DAVID PROCTOR , District Judge . This case is before the court on Mark Anthony Jewell's ("Jewell") petition for writ of habeas corpus, filed on August 8, 2018 ( see Doc. 1), and the Magistrate Judge's Report and Recommendation that the petition be denied. After careful review, the court concludes, over Petitioner's objections, that the Magistrate Judge's report is due to be adopted. I. Background On June 19, 2015, Jewell was convicted in Pickens County Circuit...
MEMORANDUM OPINION This Document Relates to All KARON OWEN BOWDRE , District Judge . These three consolidated legal malpractice and unpaid legal fees cases come before the court on Defendants' motions for summary judgment filed in each case and Plaintiffs' associated motion to exclude two of Defendants' expert witnesses. (2:14-cv-1953-KOB, Docs. 205 and 208; 2:14-cv-1954-KOB, Docs. 208, 211, and 214; 2:14-cv-1955-KOB, Docs. 204, 207, and 210). The Plaintiffs in these cases were all...
MEMORANDUM OF OPINION L. SCOTT COOGLER , District Judge . Plaintiff Stacey White Fuqua ("Fuqua") originally filed this action in Alabama state court, seeking compensatory and exemplary damages for injuries resulting from a highway collision with a tractor trailer operated by Defendant Marlin Goodpasture, an employee of Defendant D&M Carriers, LLC ("D&M") (collectively, "Defendants"). Fuqua brings claims of common law negligence and wantonness against both Defendants and several fictitious...
MEMORANDUM OPINION AND ORDER C. LYNWOOD SMITH, JR. , District Judge . Chief United States Magistrate Judge John E. Ott filed a "Report and Recommendation" on October 16, 2019, recommending that the defendants' special reports be treated as if they were motions for summary judgment, and further recommending that such motions be granted in part and denied in part. See doc. no. 48 (Magistrate Judge's Report & Recommendation). The defendant, who identifies himself as "Roger Childers, MSN,...
MEMORANDUM OPINION LILES C. BURKE , District Judge . This case arises out of an alleged breach of contract by the Defendants, Creative Scapes, LLC, and its sole member and manager, Richard Maranville. This Court has diversity jurisdiction over the matter pursuant to 28 U.S.C. 1332, because, according to the complaint, the amount in controversy exceeds $75,000, and the parties are of diverse citizenship. 1 Venue is proper in the Northeastern Division of the Northern District of Alabama...
MEMORANDUM OPINION AND ORDER ANNEMARIE CARNEY AXON , District Judge . This matter is before the court on Plaintiff Copperhead Industrial, Inc.'s ("Copperhead") motion for leave to file a sixth amended complaint to rejoin JEC Distributors, Inc. ("JEC") as a party plaintiff. (Doc. 149). Defendant Changer & Dresser ("C&D") opposes amendment, arguing that amendment would be futile because the proposed allegations do not establish that JEC has standing; that Copperhead unduly delayed...
MEMORANDUM OPINION KARON OWEN BOWDRE , Chief District Judge . This matter comes before the court on Defendant Specialty Marketing Corporation's motion for summary judgment regarding Plaintiff Ed Leader's defamation claim. (Doc. 61.) Because the allegedly defamatory statement is true, the court will GRANT Specialty Marketing's motion for summary judgment. I. Facts and Procedural History Plaintiff Target Media Partners owns several companies that publish and distribute free magazines and...
MEMORANDUM OPINION ANNEMARIE CARNEY AXON , District Judge . On November 22, 2019, the magistrate judge entered a report and recommendation (doc. 11), recommending that the court grant Respondents' motion to dismiss (doc. 9), and dismiss the petition for writ of habeas corpus as moot because Petitioner Francisco Alberto Calero has been removed to the Dominican Republic. Mr. Calero did not file any objections. Having reviewed and considered de novo all the materials in this case,...
MEMORANDUM OPINION ANNEMARIE CARNEY AXON , District Judge . Plaintiff Lauren Leath appeals the decision of the Commissioner of Social Security denying her claim for supplemental security income benefits. Based on the court's review of the administrative record and the parties' briefs, the court WILL AFFIRM the Commissioner's decision. I. PROCEDURAL HISTORY On January 26, 2016, Ms. Leath applied for supplemental security income benefits, alleging that her disability began on November...
MEMORANDUM OPINION JOHN E. OTT , Chief Magistrate Judge . Plaintiff Robert King appeals from the decision of the Commissioner of the Social Security Administration (the "Commissioner") denying his application for supplemental security income ("SSI") under the Social Security Act. (Doc. 1). 1 King timely pursued and exhausted his administrative remedies, and the Commissioner's decision is ripe for review. For the reasons discussed below, the court finds that the Commissioner's decision is...
MEMORANDUM OPINION ABDUL K. KALLON , District Judge . Sara Morrow brings claims under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., against Smith Rouchon and Associates, Inc. (SRA), contending that SRA improperly attempted to collect a debt she discharged in bankruptcy. See doc. 1. Briefly, Morrow filed for bankruptcy under Chapter 13 and later Chapter 7, discharging her debts—including the debt she allegedly owed to the Franklin County Solid Waste for...
MEMORANDUM OPINION 1 JOHN H. ENGLAND, III , Magistrate Judge . Plaintiff Matthew Tackett ("Tackett" or "Plaintiff") and Defendants Alabama Plumbing Contractor, LLC ("APC"), Brent Vacarella ("Vacarella"), Greg Johnson ("Johnson"), and Josh Martin ("Martin," and, together with the other defendants, "Defendants") have jointly requested approval of their settlement agreement, which represents the resolution of a disputed matter under the Fair Labor Standards Act, 29 U.S.C. 201, et seq. ("...
MEMORANDUM OPINION AND ORDER R. DAVID PROCTOR , District Judge . This matter is before the court on Defendant Wal-Mart Stores, Inc.'s 1 Motion to Dismiss. (Doc. # 11). The Motion has been fully briefed (Docs. # 22 and 25), and is ripe for decision. After careful review, and for the reasons explained below, Defendant's Motion to Dismiss (Doc. # 11) is due to be denied. I. Background In her Complaint, Plaintiff Mary Lewis asserts a single claim of gender discrimination under Title VII,...
MEMORANDUM OPINION MADELINE HUGHES HAIKALA , District Judge . Pursuant to 42 U.S.C. 405(g) and 1383(c), plaintiff Violet Denise Garrett seeks judicial review of a final adverse decision of the Commissioner of Social Security. The Commissioner denied Ms. Garrett's claims for disability insurance benefits and supplemental security income. After careful review, the Court affirms the Commissioner's decision. I. PROCEDURAL HISTORY Ms. Garrett applied for disability insurance benefits and...
