ORDER ROBERT T. DAWSON, District Judge. Currently before the Court are Defendants Mendiola Forestry Service, LLC and Perfecto Mendiola's Motion to Dismiss the Third Cause of Action of Plaintiffs' Amended Complaint (Doc. 12), Plaintiffs' Response in Opposition (Doc. 14), and Defendants' Reply (Doc. 16). For the reasons reflected herein, Defendants' Motion to Dismiss (Doc. 12) is DENIED. Defendants request dismissal of Plaintiffs' Third Cause of Action for violations of the Trafficking...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION JAMES R. MARSCHEWSKI, Chief Magistrate Judge. Before the undersigned for report and recommendation is the petitioner's Habeas Corpus Petitions (ECF No. 1) filed January 3, 2011 under 28 U.S.C. Section 2254. The Respondent filed his Response (ECF No. 4) on January 15, 2011 and the Petitioner has not filed a Reply but did file a Motion for Summary Judgment (ECF No. 12) on March 23, 2011, the Petitioner filed his Response (ECF No. 15) on March 24,...
ORDER P.K. HOLMES, III, District Judge. Currently before the Court are Separate Defendants Waldron School District, James Floyd, Alice McConnell, Gary Clepper, and David Maxwell's Motion for Summary Judgment (Doc. 3) and supporting documents, Plaintiffs' Response (Doc. 12) and supporting documents, and Separate Defendants' Reply (Doc. 14); Separate Defendant Joel Campora's Motion to Dismiss (Doc. 8) and supporting documents, Plaintiffs' Response (Doc. 15), and Separate Defendant's Reply (Doc....
MEMORANDUM OPINION & ORDER ROBERT T. DAWSON, District Judge. Before the Court is Defendant Redland Energy Services, LLC's ("Redland") Motion for Summary Judgment (Doc. 16), Memorandum Brief in Support (Doc. 17), and Statement of Facts (Doc. 18); Plaintiffs' Response in Opposition (Doc. 26) and Memorandum Brief (Doc. 27); and Defendant's Supplement to Motion and Reply to Plaintiffs' Response (Doc. 28). For the reasons discussed herein, Defendant's Motion (Doc. 16) is GRANTED. I. Background...
ORDER JOE J. VOLPE, United States Magistrate Judge. Pending is Defendants' Motion to Preclude Any Expert Testimony that Prempro Use Increases Breast Cancer Risk When Taken for Only Three Years or Less (Doc. Nos. 36, 38, 40). Plaintiffs have responded 1 and Defendants have replied. 2 Hearings were held on Monday, November 29, 2010, and Wednesday, January 12, 2011. Plaintiffs' expert, Donald F. Austin, M.D., and Defendants' expert, Kurt T. Barnhart, M.D., M.S.C.E., both testified during the...
ORDER JIMM LARRY HENDREN, District Judge. Now on this 18th day of July 2011, comes on for consideration defendant's Motion for Summary Judgment, brief in support and statement of undisputed facts (Docs. 15, 16 and 17) and plaintiff's response, brief in opposition thereto and her responses to defendant's statement of undisputed facts (Docs. 18, 19 and 20), and defendant's reply (Doc. 21). The Court, being well and sufficiently advised, finds and orders as follows: Background Plaintiff,...
MEMORANDUM OPINION AND ORDER ROBERT T. DAWSON, District Judge. Plaintiff brings this action pursuant to the provisions of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq., alleging Defendant's decision to deny his claim for long-term disability benefits was unreasonable. Before the Court are the Stipulated Administrative Record (Doc. 9), Plaintiff's Complaint (Doc. 1), Defendant's Answer (Doc. 5), Plaintiff's Motion for Order Directing Administrative...
MEMORANDUM OPINION AND ORDER ROBERT T. DAWSON, District Judge. Plaintiff brings this action pursuant to the provisions of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq., alleging Defendant wrongly denied his claim for long term disability benefits and waiver of life insurance premiums under the El Dorado Chemical Company Employee Group Benefits Plan issued by Defendant. Before the Court are the Administrative Record (Doc. 6), Plaintiff's Brief (Doc....
MEMORANDUM OPINION ERIN L. SETSER, United States Magistrate Judge. Plaintiff, Julio Perez, brings this action pursuant to 42 U.S.C. 405(g), seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner) denying his claim for supplemental security income (SSI) benefits under the provisions of Title XVI of the Social Security Act (Act). In this judicial review, the Court must determine whether there is substantial evidence in the administrative...
MEMORANDUM OPINION HARRY F. BARNES, District Judge. Before the Court is a Motion for Summary Judgment filed by Defendants. (Doc. 23). Plaintiff Regina Terwilliger has responded. (Doc. 30). Defendants have filed a reply. (Doc. 35). Plaintiff has filed a sur-reply. (Doc. 36). The Court finds the matter ripe for consideration. BACKGROUND Plaintiff was employed by Howard Memorial Hospital ("Hospital") for a little over two years. During that time, she worked first in the kitchen and then...
