REPORT AND RECOMMENDATION WILLIAM E. CASSADY , Magistrate Judge . This matter is before the Court on the Commissioner's unopposed motion to reverse and remand this action pursuant to sentence four of 42 U.S.C. 405(g) ( see Doc. 17), filed December 16, 2015. 1 In her motion, the Acting Commissioner represents that it is her belief that this case should be remanded for further administrative proceedings but does not state the specific grounds upon which the request for remand is based (...
REPORT AND RECOMMENDATION KATHERINE P. NELSON , Magistrate Judge . This action is before the Court on the Motions to Dismiss under Federal Rule of Civil Procedure 12(b)(6) and supporting memoranda (Docs. 7, 18, 26, 27) filed by Defendants Stan Wilson, Richard Stringer, Aaron Carpenter, and Clarke-Washington Electric Cooperative (hereinafter, "the Cooperative"). Plaintiff Mickel Shepherd has filed an omnibus response (Doc. 32) and affidavit (Doc. 35) in opposition to the motions, to which...
MEMORANDUM OPINION AND ORDER BERT W. MILLING, Jr. , Magistrate Judge . In this action under 42 U.S.C. 405(g) and 1383(c)(3), Plaintiff seeks judicial review of an adverse social security ruling denying claims for disability insurance benefits and Supplemental Security Income (hereinafter SSI ) (Docs. 1, 12). The parties filed written consent and this action has been referred to the undersigned Magistrate Judge to conduct all proceedings and order judgment in accordance with 28 U.S.C....
ORDER CALLIE V. S. GRANADE , District Judge . This matter is before the court on the Motion to Continue Trial filed by the United States (Doc. 60). Upon due consideration of the grounds cited by counsel, the motion is hereby GRANTED. The court finds that a continuance of the trial is appropriate pursuant to 18 U.S.C. 3161(h)(3)(A), and that the ends of justice outweigh the best interest of the defendant and the public in a speedy trial. Therefore, trial is hereby CONTINUED to the...
ORDER WILLIAM H. STEELE , Chief District Judge . This matter comes before the Court on defendant's pro se filing styled " Ex Parte Motion for Immediate Disclosure of Favorable Evidence and to Enforce the Courts Discovery Order" (doc. 202). 1 The Motion has been briefed and is now ripe. On December 20, 2013, following a jury trial, David Petersen and two co-defendants were each convicted of one count of conspiracy to commit securities and wire fraud, in violation of 18 U.S.C. 371;...
ORDER CALLIE V. S. GRANADE , District Judge . This matter is before the Court on the Plaintiff's Motion for Clarification of the Court's Preliminary Injunction Order (Doc. 44), Defendants' response (Doc. 45), Plaintiff's reply (Doc. 46), and Defendants' sur-reply (Doc. 47). The facts of the case, the parties' arguments, and the Court's ruling are thoroughly set out in the Preliminary Injunction Order. (Doc. 28). The Court finds that the Order speaks for itself, and the parties appear to be...
ORDER CALLIE V. S. GRANADE , District Judge . This cause is before the court on the Third-Party Defendant's Voluntay Motion to Remand (Doc. 7). Upon due consideration, the motion is hereby GRANTED, and the clerk of court is directed to take such steps as are necessary to transfer this action to the Circuit Court of Washington County, Alabama from whence it was removed. DONE and ORDERED.
ORDER WILLIAM H. STEELE , Chief District Judge . This matter comes before the Court on the parties' Motions to Seal (docs. 93, 102, 105 & 109), as well as defendant's Supplemental Brief (doc. 113) in support of such Motions. As initially expressed in the Motions to Seal, defendant sought to have all summary judgment briefs and the vast majority of the accompanying exhibits filed under seal. Via Order (doc. 111) entered on November 24, 2015, the Court opined that these Motions to Seal were...
ORDER KRISTI K. DuBOSE , District Judge . After due and proper consideration of the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) (doc. 11) is adopted as the opinion of this Court. Accordingly, Plaintiff's Motion to Remand is GRANTED, and this action is remanded to the Circuit Court of Mobile, Alabama.
REPORT AND RECOMMENDATION BERT W. MILLING, Jr. , Magistrate Judge . The Plaintiff's Motion to Remand (Doc. 3) has been referred for report and recommendation under 28 U.S.C. 636(b) and S.D. Ala. GenLR 72. After consideration of Plaintiff's motion and Defendant's response (Doc. 10) 1 , it is recommended that Plaintiff's Motion to Remand (Doc. 3) be granted and that this action be remanded to the Circuit Court of Mobile, Alabama. Facts and Proceedings On December 10, 2014, Plaintiff,...
MEMORANDUM OPINION AND ORDER KATHERINE P. NELSON , Magistrate Judge . Plaintiff Brenda Lee brings this action, pro se, pursuant to 42 U.S.C. 405(g) and 1383(c)(3), seeking judicial review of a final decision of the Commissioner of Social Security denying her applications for disability insurance benefits ("DIB"). The parties have consented to the exercise of jurisdiction by, and this case has been ordered referred to, the undersigned United States Magistrate Judge for all proceedings...
ORDER WILLIAM H. STEELE , Chief District Judge . This matter is before the Court on the defendant's motion for summary judgment. (Doc. 31). The parties have filed briefs and evidentiary materials in support of their respective positions, (Docs. 31-32, 35-36), and the motion is ripe for resolution. After careful consideration, the Court concludes that the motion is due to be granted in part and denied in part. BACKGROUND According to the complaint, (Doc. 1 at 11-13), the plaintiff's...
ORDER WILLIAM H. STEELE , Chief District Judge . This action was brought by Wanda Randolph and Dennis Dragotta. Randolph has filed a motion to dismiss the action with prejudice, (Doc. 26), to which the defendants consent. (Doc. 30). Mr. Dragotta died on October 26, 2015. (Doc. 25). Defense counsel state they reached a settlement with Plaintiffs' counsel before they knew of his death. (Doc. 30). Mr. Dragotta's widow states that he left no will or assets requiring probating, that she does...
ORDER KRISTI K. DuBOSE , District Judge . The District Court received the following directive from the United States Court of Appeals for the Eleventh Circuit: Appellant's "Opposed Amended Motion for Limited Remand..." is DENIED WITHOUT PREJUDICE TO RENEWAL following an indicative ruling from the District Court that, upon remand, it would grant Appellant's "Amended Opposed Motion to Properly Preserve and Catalog All Electronic, and Metadata Evidence." See DE 138. 1 (Order dated...
MEMORANDUM OPINION AND ORDER WILLIAM E. CASSADY , Magistrate Judge . Plaintiff brings this action, pursuant to 42 U.S.C. 1383(c)(3), seeking judicial review of a final decision of the Commissioner of Social Security denying her claim for supplemental security income benefits. The parties have consented to the exercise of jurisdiction by the Magistrate Judge, pursuant to 28 U.S.C. 636(c), for all proceedings in this Court. (Docs. 17 & 19 ("In accordance with the provisions of 28 U.S.C....
MEMORANDUM OPINION AND ORDER WILLIAM E. CASSADY , Magistrate Judge . Plaintiff brings this action, pursuant to 42 U.S.C. 405(g), seeking judicial review of a final decision of the Commissioner of Social Security denying his claim for disability insurance benefits. The parties have consented to the exercise of jurisdiction by the Magistrate Judge, pursuant to 28 U.S.C. 636(c), for all proceedings in this Court. (Docs. 17 & 19 ("In accordance with the provisions of 28 U.S.C. 636(c) and...
ORDER WILLIAM H. STEELE , Chief District Judge . The plaintiffs have filed a "notice of acceptance of amended offer of judgment as to Count I (Fair Labor Standards Act, Non-Retaliation Claims)." (Doc. 101). The plaintiffs say that, "the offer of judgment having been accepted, the Clerk of the Court must therefore enter judgment for Plaintiffs and against Defendants as to Count I only." ( Id. at 2). The Court is not so sure. As a threshold matter, the plaintiffs have not established that...
ORDER WILLIAM H. STEELE , Chief District Judge . This matter comes before the Court on defendant's Motion to Dismiss and Alternative Motion to Transfer Venue (doc. 6). The Motion has been exhaustively briefed (including a pair of sur-replies filed with leave of court) and is now ripe for disposition. 1 I. Relevant Background. Notwithstanding the heft and tenor of the parties' briefing, the relevant facts and circumstances bearing on the pending Motion are largely uncontested. Plaintiff,...
ORDER Callie V. S. Granade , UNITED STATES DISTRICT JUDGE . This matter is before the Court on Defendant's motion for relief pursuant to Supplemental Admiralty Rules E(4)(f) and E(2)(b) (Doc. 22), Plaintiff's response thereto (Doc. 24), Defendant's reply (Doc. 25), and Plaintiff's sur-reply (Doc. 26). A hearing was held on Plaintiff's motion for relief on November 18, 2015. After considering the arguments of both parties, the Court finds the Court lacks personal jurisdiction over the...
ORDER KRISTI K. DuBOSE , District Judge . After due and proper consideration of the issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(l)(B) and dated November 24, 2015(doc. 63) is ADOPTED as the opinion of this Court. Accordingly, the defendants' motions to dismiss (Docs. 32, 34-35 & 37) are DENIED.
