ORDER TERRY F. MOORER , District Judge . Pending before the Court is the Report and Recommendation filed by the Magistrate Judge. See Doc. 19, filed 11/6/18). After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Defendant's Motion to Dismiss (Doc. 8, filed 5/15/2018) is DENIED as moot...
JUDGMENT TERRY F. MOORER , District Judge . In accordance with the Order entered this date adopting the recommendations of the Magistrate Judge, it is ORDERED, ADJUDGED, and DECREED that this action is hereby DISMISSED with prejudice. DONE and ORDERED.
ORDER TERRY F. MOORER , District Judge . Pending before the Court are the Report and Recommendation of the Magistrate Judge (Doc. 51, filed 9/28/18) and the Objections filed by the Plaintiff (Doc. 52, filed 10/12/18). After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. 1 The objections raised by the...
ORDER WILLIAM H. STEELE , District Judge . This matter comes before the Court on defendant David Petersen's "Motion to Stay and Modify Order of Restitution Under Federal Rules of Civil Procedure, Rules 60 and 62" (doc. 263). Petersen was convicted by a jury in this District Court of 20 counts of conspiracy to commit securities and wire fraud, aiding and abetting securities fraud, and aiding and abetting wire fraud. As part of the Judgment entered in this case, Petersen was ordered to pay...
JUDGMENT TERRY F. MOORER , District Judge . In accordance with the verdict of the jury entered herein, it is ORDERED and ADJUDGED and DECREED that JUDGEMENT is hereby entered in favor of Defendant, Louis T. Codega, P.E., and against Plaintiff, Silver Ships, Inc., with respect to Plaintiff's breach of contract claim as to the boat that was built for the Town of Southampton, New York, and as to Plaintiff's brief of contract claims as to the boat that was built for the United States...
ORDER WILLIAM H. STEELE , District Judge . This matter comes before the Court on plaintiff's Motion to Remand (doc. 11). The Motion has been briefed and is now ripe. I. Background. Plaintiff, Joseph Ward, filed this products liability action against Boston Scientific Corporation and various fictitious defendants in Mobile County Circuit Court on August 31, 2018. Ward's claims relate to a stent that Boston Scientific purportedly designed, manufactured, and distributed. According to the...
ORDER KRISTI K. DuBOSE , Chief 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 30, 2018 is ADOPTED as the opinion of this Court.
REPORT AND RECOMMENDATION WILLIAM E. CASSADY , Magistrate Judge . This cause is before the Magistrate Judge for issuance of a report and recommendation, pursuant to 28 U.S.C. 636(b), on the Complaint (doc. 1), motion to dismiss and incorporated brief (doc. 7) filed by Defendant Beazley Insurance Company, Inc. ("Beazley"), the response to motion to dismiss (doc. 16) filed by Plaintiff Jackson, Key and Associates, LLC ("Plaintiff"), and the reply in support of motion to dismiss (doc. 18)...
ORDER TERRY F. MOORER , District Judge . Plaintiffs have filed a Motion for Leave to File Exhibit to Motion to Exclude the Expert Report and Testimony of Defendants' Expert Mort Westman Under Seal (Doc. 160, filed 12/12/18). Because the motion to exclude that Plaintiffs seek to file is related to pending motions previously filed by the parties (Docs. 148, 150, 151, and 154), the motion to seal is GRANTED for the limited purpose of Plaintiffs' motion to exclude, in accordance with the...
AMENDED ORDER KATHERINE P. NELSON , Magistrate Judge . This action is before the Court on the Plaintiff's "Renewed Motion to Compel Defendant's Production of Discovery" (Doc. 39), and the Plaintiff's "Motion to Compel Responses to Plaintiff's Second Discovery Requsts [sic] to Defendants Richard Stringer, Arthur Ray Busby and Emil Delarosa, Jr., and Plaintiff's First Discovery Requests to Defendants Tina Sullivan and Anthony Hinson" (Doc. 48), as supplemented (Docs. 53, 54). Both motions...
ORDER SONJA F. BIVINS , Magistrate Judge . This action is before the Court on Defendant Donald Lvin Nicholson's Motion to Continue (Doc. 43). According to defense counsel, Defendant is currently out of district and housed by the Bureau of Prisons at a facility for mental evaluation and treatment. Upon consideration, the undersigned finds that a continuance is appropriate in this case and that the ends of justice served by continuing this action outweigh the best interests of the public...
ORDER CALLIE V.S. GRANADE , Senior District Judge . After due and proper consideration of all the issued raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) and dated November 29, 2018, is ADOPTED as the opinion of this Court. Accordingly, Plaintiffs' Motion to Remand (Doc. 10) is GRANTED. The Clerk of Court is directed to take such steps as are necessary to transfer this action to the Circuit...
REPORT AND RECOMMENDATION WILLIAM E. CASSADY , Magistrate Judge . This matter is before the Magistrate Judge for issuance of a report and recommendation, pursuant to 28 U.S.C. 636(b)(1)(B) and S.D. Ala. GenLR 72(a)(2)(S), on the notice of removal (Doc. 1), Plaintiff's motion to remand (Doc. 10), and the Defendant's notice of consent to remand (Doc. 15). Upon consideration of the foregoing pleadings, the Magistrate Judge recommends that the Court GRANT Plaintiff's motion to remand (Doc....
ORDER WILLIAM H. STEELE , District Judge . This matter comes before the Court on defendant Capital One, N.A.'s Motion to Dismiss (doc. 8). The Motion has been briefed and is now ripe. I. Background. Plaintiff, Michelle Gensmer, brought this putative class action against defendant, Capital One N.A., alleging a violation of the Truth-in-Lending Act, 15 U.S.C. 1601 et seq. ("TILA"). According to the well-pleaded factual allegations of the Complaint (doc. 1), which are accepted as true...
ACCEPTANCE OF GUILTY PLEA AND ADJUDICATION OF GUILT KRISTI K. DuBOSE , Chief District Judge . Pursuant to the Report and Recommendation of the United States Magistrate Judge (Doc. 22) and without any objection having been filed by the parties, Defendant's plea of guilty to Count One of the Indictment is now accepted and Defendant is adjudged guilty of such offense. The sentencing hearing has been scheduled before the undersigned for Friday, February 15, 2019, at 1:00 p.m., in Courtroom...
ACCEPTANCE OF GUILTY PLEA AND ADJUDICATION OF GUILT KRISTI K. DuBOSE , Chief District Judge . Pursuant to the Report and Recommendation of the United States Magistrate Judge (Doc. 20) and without any objection having been filed by the parties, the plea of guilty of the Defendant to Count One of the Indictment is now accepted and the Defendant is adjudged guilty of such offense. A sentencing hearing has been scheduled for Friday, February 15, 2019 at 10:00 a.m. in Courtroom 4B of the...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY P. BRADLEY MURRAY , Magistrate Judge . The Defendant, Miguel Angel Ramos-Blancos, by consent, has appeared before the undersigned pursuant to Rule 11 of the Federal Rules of Criminal Procedure, and has entered a plea of guilty to Count(s) One of the Indictment charging a violation of Illegal Reentry into the United States after Removal. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned...
ORDER KATHERINE P. NELSON , Magistrate Judge . This action is before the Court on the Motion for Order of Remand (Doc. 18) filed by Plaintiff Caryn Janecky Montgomery. The Defendant Commissioner of Social Security ("the Commissioner") has timely filed a response (Doc. 24-1 at 12-19) in opposition to the motion, and Montgomery has timely filed a reply (Doc. 26) to the response. The motion is now under submission. Montgomery's present motion asserts that her case must be remanded to the...
ACCEPTANCE OF GUILTY PLEA AND ADJUDICATION OF GUILT KRISTI K. DuBOSE , Chief District Judge . Pursuant to the Report and Recommendation of the United States Magistrate Judge (Doc.29) and without any objection having been filed by the parties, Defendant's plea of guilty to Count One of the Indictment is now accepted and Defendant is adjudged guilty of such offense. The sentencing hearing has been scheduled before the undersigned for Friday, February 15, 2019, at 1:00 p.m., in Courtroom...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY P. BRADLEY MURRAY , Magistrate Judge . The Defendant, Willie Donnell Green, by consent, has appeared before the undersigned pursuant to Rule 11 of the Federal Rules of Criminal Procedure, and has entered a plea of guilty to Count(s) One of the Indictment charging a violation of Possession of a Firearm by a Prohibited Person (Felon). After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in...
