Recommended Disposition J. THOMAS RAY , Magistrate Judge . Instructions The following recommended disposition was prepared for U.S. District Judge James M. Moody, Jr. A party to this dispute may file written objections to this recommendation. An objection must be specific and state the factual and/or legal basis for the objection. An objection to a factual finding must identify the finding and the evidence supporting the objection. Objections must be filed with the clerk of the court no...
ORDER D.P. MARSHALL, Jr. , District Judge . On de novo review, the Court adopts the recommendation, N o 14, and overrules Savage's objections, N o 15. FED. R. ClV. P. 72(b)(3). The Arkansas Supreme Court's conclusions weren't unreasonable on the law or the facts. 28 U.S.C. 2254(d)(1) & (2). Savage's petition will therefore be dismissed with prejudice. No certificate of appealability will issue. 28 U.S.C. 2253(c)(1)-(2). So Ordered.
JUDGMENT D.P. MARSHALL, Jr. , District Judge . Savage's petition is dismissed with prejudice.
ORDER D.P. MARSHALL, Jr. , District Judge . For the reasons I recused in earlier litigation involving these parties, No. 5:13-cv-2-DPM & 5:13-cv-56-DPM, Order N o 18, and because James M. Moody Sr. (one of Tipton's lawyers) was U.S. District Judge on this Court until 2014, I recuse. The Clerk must reassign this case at random by chip exchange. So Ordered.
ORDER D.P. MARSHALL, Jr. , District Judge . Downing's timely amended complaint, FED.R.CIV.P.15(a)(1)(B), moots defendants' motion to dismiss the original complaint. Defendants' motion, N o 3, is denied without prejudice. So Ordered.
ORDER D.P. MARSHALL, Jr. , District Judge . 1. The Retzer defendants' motion for summary judgment, N o 153, is denied. Applying the relaxed Mt. Clemens standard, and taking the facts in the light most favorable to the former employees, they've presented enough evidence to support a verdict. Holaway v. Stratasys, Inc., 771 F.3d 1057 (8th Cir. 2014), tightens the standard a bit. But this record contains sufficient particularized evidence about allegedly unpaid time and tasks....
ORDER D.P. MARSHALL, Jr. , District Judge . The Court appreciates and attaches Ms. Powell's report on JNPSD's proposed Facilities Master Plan and whether it's consistent with Plan 2000. So Ordered. December 28, 2015 The Honorable D. Price Marshall. Jr. Judge, United States District Court Eastern District of Arkansas 600 West Capitol, Room D258 Little Rock, AR 72202-3325 Re: Jacksonville-North Pulaski School District 2016 Facilities Master Plan Your Honor: Per your directive to me at...
ORDER D.P. MARSHALL, Jr. , District Judge . Unopposed recommendation, N o 35, adopted as supplemented. FED.R. CIV.P.72(b) (1983 addition to advisory committee notes). Grimes has moved several times; there have been many mailing problems. But the docket is clear that Magistrate Judge Harris's November Order, N o 34, was mailed to Grimes's last known address more than seven weeks ago and hasn't been returned as undeliverable. Grimes's complaint will therefore be dismissed...
JUDGMENT D.P. MARSHALL, Jr. , District Judge . Grimes's complaint is dismissed without prejudice.
JUDGMENT D.P. MARSHALL, Jr. , District Judge . The complaint is dismissed with prejudice.
ORDER D.P. MARSHALL, Jr. , District Judge . The Court notes the parties' stipulation of dismissal. No. 17. The complaint will be dismissed with prejudice. FED. R. CIV. P. 41(a)(1)(A)(ii). So Ordered.
ORDER D.P. MARSHALL, Jr. , District Judge . 1. Rayburn's motion to appoint counsel, No. 68, is denied. Rayburn has ably represented himself. And the facts and law aren't so complex that they warrant appointment before the Court rules on the pending recommendation. Stevens v. Redwing, 146 F.3d 538 , 546 (8th Cir. 1998). 2. On de novo review, the Court adopts the recommendation, No. 65, and overrules Rayburn's objections, No. 69. FED. R. CIV. P. 72(b)(3). Heath and Larry's...
JUDGMENT D.P. MARSHALL, Jr. , District Judge . The complaint is dismissed with prejudice.
ORDER D.P. MARSHALL Jr. , District Judge . Motions, No. 189, 192 & 197, denied without prejudice based on the Baker & Taylor/Griffin settlement. See Order No. 42 in the related case. So Ordered.
ORDER D.P. MARSHALL Jr. , District Judge . GE Capital's motion for attorney's fees and expenses, N o 12, is granted as modified. ARK. CODE ANN. 16-22-308; Chrisco v. Sun Industries, Inc., 304 Ark. 227 , 229, 800 S.W.2d 717 , 718-19 (1990). The time spent, and work done, was reasonable. The hourly rates, though, are more than normally charged in this District for this kind of work. The Court therefore reduces the hourly rates to $300 for Ziegenhorn, $225 for Jones, and $150 for...
ORDER D.P. MARSHALL Jr. , District Judge . Opposed joint motion, No. 37, granted as modified. The motions to dismiss, No. 21, 22 & 24, are denied without prejudice — the settlement moots them. If the settlement is not consummated, then the Court will reinstate the motions (and all related filings) and decide them. All material things considered, a stay to allow consummation of the settlement is in everyone's best interest. The only sticking point is duration. Joint status report due by...
PROPOSED FINDINGS AND RECOMMENDATIONS JOE J. VOLPE , Magistrate Judge . INSTRUCTIONS The following recommended disposition has been sent to United States District Judge D. P. Marshall Jr. 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...
ORDER D.P. MARSHALL, Jr. , District Judge . 1. The Court notes and appreciates the parties' status reports. No. 5169-5172. The Court is studying them. 2. The 16 December 2015 status conference will start at 1:30 p.m. We'll first spend about thirty minutes on the Donaldson Scholars Academy. After a short break, we'll turn to facilities at 2:15 p.m. 3. Any attending member of the media may bring a tape recorder to the December 16th status conference. So Ordered.
ORDER D.P. MARSHALL, Jr. , District Judge . On de novo review, the Court adopts the recommendation, No. 15, as modified, and overrules Foster's objections, No. 16. FED. R. CIV. P. 72(b)(3). Foster didn't exhaust his administrative remedies back in 2010. He recently asked the Administration to reconsider. No. 16 at 2-4. But that request hasn't been acted on yet according to the record before the Court. The Commissioner moves to dismiss Foster's complaint with prejudice. No. 13 at 5....
JUDGMENT D.P. MARSHALL, Jr. , District Judge . Foster's complaint is dismissed without prejudice.
