ORDER SUSAN WEBBER WRIGHT, District Judge. Appellants Clear Sky Properties LLC ("Clear Sky") and LuAnn Deere ("Deere") commenced this adversary proceeding, seeking a determination that a judgment debt of Appellee Blake Roussel ("Roussel") is nondischargeable in bankruptcy under 11 U.S.C. 523(a)(4) and 523(a)(6). Appellants appeal the final decision of the Bankruptcy Court, 1 finding only a portion of Roussel's judgment debt nondischargeable. 2 After careful consideration, and for the...
OPINION AND ORDER KRISTINE G. BAKER, District Judge. Plaintiff J.D. Fields & Company, Inc. ("Fields") brings this action against defendant Nucor-Yamato Steel Company ("NYS"), alleging violations of the Robinson-Patman Act, 15 U.S.C. 13(a), and state-law claims of tortious interference, fraudulent misrepresentation, negligent misrepresentation, conspiracy, and breach of contract. Before the Court is NYS's motion for judgment on the pleadings (Dkt. No. 37). Fields has responded (Dkt. No. 58),...
OPINION AND ORDER KRISTINE G. BAKER, District Judge. Plaintiff Tracy Stoner brings this action against the Arkansas Department of Correction (the "ADC") under 42 U.S.C. 2000e et seq. ("Title VII"), for gender discrimination, based on hostile work environment and disparate treatment, and retaliation; against Warden John Maples, in his individual and official capacities, under 42 U.S.C. 1983 and the Arkansas Civil Rights Act, Ark.Code Ann. 16-123-101 et seq. (the "ACRA"), for gender...
OPINION AND ORDER SUSAN WEBBER WRIGHT, District Judge. Brandon Scroggin brought this action against Credit Bureau of Jonesboro, Inc. (CBJ), alleging, inter alia, that CBJ violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., and the Arkansas Fair Debt Collection Practices Act (AFDCPA), Ark.Code Ann. 17-24-501 et seq., in its attempts to collect a debt for medical services allegedly owed by Scroggin. Following the conclusion of discovery, CBJ filed a...
ORDER D.P. MARSHALL, Jr., District Judge. No one has objected to Magistrate Judge Beth Deere's Partial Recommended Disposition, No. 10. After reviewing for clear errors of fact on the face of the record, FED. R. CIV. P. 72(b) (Advisory Committee notes to 1983 Addition), and for legal error, the Court adopts the proposal in full. Tillman's claims are dismissed without prejudice for failure to prosecute. Holmes's claims against Halladay, Morgan, and the Pulaski County Sheriff's Department are...
ORDER D.P. MARSHALL, Jr., District Judge. Argent Trust Company moves to dismiss Voogt Rehabilitation Center's lawsuit seeking to reach trust funds allegedly owed under a fee agreement between the Rehabilitation Center and the Metheneys. The Center agrees that none of the claims run directly against Argent. No. 10 at 5. But Argent holds the disputed money as trustee. It needs to stay in the case so the Court can, if the facts and law dictate," accord complete relief among [the Rehabilitation...
ORDER JAMES M. MOODY, District Judge. Pending is Plaintiff's Motion to Compel in which he asks the Court to order his former attorney to return to him grievances pertaining to the retaliation and sexual assault that were filed against Deputy Warden Lowe and Sgt. Bob Love. (ECF No. 83). Because these documents do not appear to be "relevant" or "reasonably calculated to lead to the discovery of admissible evidence" in this case, Plaintiff's Motion to Compel is DENIED. See Fed. R.Civ. P. 26(b)...
PROPOSED FINDINGS AND RECOMMENDATIONS JEROME T. KEARNEY, Magistrate Judge. INSTRUCTIONS The following recommended disposition has been sent to United States District Judge James M. Moody. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and...
ORDER D.P. MARSHALL, Jr., District Judge. McDonald's motion to dismiss, N o 3, is granted. FED. R. CIV. P. 41(a)(2). All claims against all parties are dismissed with prejudice. The notice of related case, N o 2, is moot. So Ordered.
ORDER D.P. MARSHALL, Jr., District Judge. By the Court's count, the period to substitute another plaintiff for Ms. Ballard has expired. FED. R. CIV. P. 25(a)(1). No one has sought substitution. Service of the suggestion of death seems to have been adequate. The Rule is clear about what must happen in these circumstances: Ms. Ballard's claims are dismissed without prejudice. The Court has not heard from R.C.A.'s guardian, perhaps because of uncertainty created by Ms. Ballard's death. Compare...
ORDER KRISTINE G. BAKER, District Judge. By prior Order, the Court determined that plaintiff Sandra Baldwin should be appointed counsel in this matter (Dkt. No. 43). The Court appointed Edward T. Oglesby of the Kutak Rock LLP firm. Because defendant's counsel, James Matthew Gary, is also of the Kutak Rock LLP firm, Mr. Oglesby is hereby terminated as counsel of record for plaintiff. Pursuant to Local Rule 83.7, appointment of counsel shall be accomplished by random selection from a list of...
ORDER KRISTINE G. BAKER, District Judge. On September 3 and 6, 2013, the Court received correspondence from pro se plaintiff Sandra Baldwin. The Court will construe that correspondence as Ms. Baldwin's renewed motion to appoint counsel (Exhibit A) and motion for summary judgment against defendants Saline RC Operations, LLC, ("SRC") and Michelle Moseley (Exhibit B). For good cause shown, Ms. Baldwin's motion is granted in part and denied in part. On September 6, 2013, the Court received a...
ORDER D. P. MARSHALL, Jr., District Judge. The Court notes and confirms the Plaintiffs' motion to dismiss. No. 155. Reliance Health Care Inc. is dismissed with prejudice. So Ordered.
ORDER D.P. MARSHALL, Jr., District Judge. This case is scheduled for a pretrial hearing on Wednesday, 2 October 2013, at 10:00 a.m. in the Richard Sheppard Arnold United States Courthouse, Courtroom B-155, 600 West Capitol Avenue, Little Rock, Arkansas. The Arkansas Department of Correction (ADC) is directed to ensure the attendance of Plaintiff Kevin Linn (ADC #119571), Cummins Unit, by 9:30a.m. on 2 October 2013. The Arkansas Department of Correction is further directed to send with Linn...
PRELIMINARY ORDER OF FORFEITURE KRISTINE G. BAKER, District Judge. IT IS HEREBY ORDERED THAT: 1. As the result of the August 15, 2013, guilty plea of Jessie Sanders, Jr. ("Defendant"), Defendant shall forfeit to the United States, under 21 U.S.C. 853, 18 U.S.C. 924(d), and 28 U.S.C. 2461(c), 42 rounds of ammunition, consisting of Speer Lawmen 9 mm ammunition and Win Luger 9 mm ammunition (collectively "property subject to forfeiture"). 2. Upon the entry of this Order, the United...
ORDER D.P. MARSHALL, Jr., District Judge. The case has settled. Unopposed motion to dismiss, No. 11, granted. Child Development Inc.'s complaint is dismissed with prejudice. So Ordered.
ORDER BILLY ROY WILSON, District Judge. Pending is a pro se Motion for Early Termination of Probation (Doc. No. 64) filed by Defendant Brenda Holmes. The Prosecution has responded. 1 Ms. Holmes pled guilty to a one-count Indictment charging her and her husband with health care fraud in violation of Title 18 U.S.C. 1347 and 2. On August 10, 2012, she was sentenced to two years probation, restitution in the amount of $7,122.92, and a $100 special penalty assessment. Ms. Holmes'...
ORDER J. LEON HOLMES, District Judge. The hearing on the government's Motion to Revoke the Supervised Release of defendant Clifford Crossfield is hereby rescheduled for THURSDAY, SEPTEMBER 26, 2013, at 2:00 P.M., in Courtroom #4-D, Richard Sheppard Arnold United States Courthouse, 500 West Capitol Avenue, Little Rock, Arkansas, to show cause why the term of supervised release previously imposed should not be revoked. Document #315. IT IS SO ORDERED.
ORDER BILLY ROY WILSON, District Judge. Pending is Plaintiffs' Motion to Strike and to Reopen Deposition of James Smith and for Other Relief (Doc. No. 77). Defendants have responded, and Plaintiffs have replied. 1 On June 19, 2013, Plaintiffs deposed Mr. James Smith, an employee of Defendant APAC-Tennessee, Inc. 2 On August 6, 2013, Plaintiffs received the transcript of Mr. Smith's deposition testimony and an errata sheet, which listed several corrections Mr. Smith made to the transcript...
ORDER D.P. MARSHALL, Jr., District Judge. The Court has considered Magistrate Judge Beth Deere's Proposed Partial Recommended Disposition, N o 4. Taylor has not objected. After reviewing the proposal for clear factual error and for legal error, FED. R. CIV. P. 72(b)(3) (1983 addition to advisory committee notes), the Court adopts it in full. All claims against Bunik are dismissed without prejudice. Taylor's defamation claim and his equal protection claim (styled as sexual discrimination)...
