ORDER SUSAN O. HICKEY, District Judge. On September 6, 2012, 2012 WL 3886189, this Court granted Plaintiffs' Motion to Remand (ECF No. 104) and remanded this case to the Miller County Circuit Court for further proceedings. The Court's remand decision was based upon Plaintiffs' stipulation which limited the class recovery to a sum less than the amount-in-controversy required by the Class Action Fairness Act. Defendants appealed the decision. On April 12, 2013, the Eighth Circuit Court of...
ORDER JIMM LARRY HENDREN, District Judge. Now on this 11th day of September 2013, comes on for consideration the Report and Recommendation of the Magistrate Judge (document #19) and the parties' responses thereto. The Court, being well and sufficiently advised, finds and orders as follows: Background 1. This is an action pursuant to 42 U.S.C. 1983, which plaintiff Austin Burns, acting pro se, caused to be filed on July 26, 2012. In his initial Complaint, Mr. Burns named Deputy McElroy,...
ORDER JAMES R. MARSCHEWSKI, Chief Magistrate Judge. Plaintiff has submitted a complaint for filing in this district, together with a request for leave to proceed in forma pauperis and a motion for service. ECF. Nos. 1, 2. After review, it is found that Plaintiff is unable to pay for the costs of commencement of suit and, accordingly, the following order is entered this 11th day of September 2013: Plaintiff's motion for leave to proceed in forma pauperis and motion for service is hereby...
MEMORANDUM OPINION ERIN L. SETSER, Magistrate Judge. Plaintiff, Shelli J. Wise, 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 her claims for a period of disability and disability insurance benefits (DIB) and supplemental security income (SSI) benefits under the provisions of Titles II and XVI of the Social Security Act (Act). In this judicial review, the Court must...
ORDER JIMM LARRY HENDREN, District Judge. Now on this 10th day of September, 2013, come on for consideration government's Motion To Dismiss (document #39) and Defendant's Motion To Vacate Conviction And To Set Aside The Guilty Plea (document #40). There is no objection to either motion, and the Court, being well and sufficiently advised, finds that both should be granted. IT IS THEREFORE ORDERED that government's Motion To Dismiss (document #39) is granted, and the Indictment filed...
ORDER SUSAN O. HICKEY, District Judge. Before the Court is the Report and Recommendation filed August 20, 2013 by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western District of Arkansas. (ECF No. 110). Judge Marschewski recommends that all of Plaintiff's remaining claims against Defendants Williams, Turner, and Smith be dismissed with prejudice. The parties have not filed objections to the Report and Recommendation, and the time to object has passed....
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JAMES R. MARSCHEWSKI, Chief Magistrate Judge. This is a civil rights action filed by Plaintiff, Tracy Williams, pursuant to the provisions of 42 U.S.C. 1983. Plaintiff proceeds pro se and in forma pauperis. Pursuant to the provisions of 28 U. S. C. 636(b)(1) and (3)(2011), the Honorable Susan O. Hickey, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation....
ORDER P.K. HOLMES, III, Chief District Judge. On May 13, 2013, the Court conditionally certified this action a collective action under 29 U.S.C. 216(b) and authorized the issuance of notice and a consent to join form to potential class members (Doc. 38). Before the Court is Defendants' motion to decertify collective action (Doc. 44). Plaintiffs have filed a response (Doc. 46) stating that they do not oppose Defendants' motion to decertify. No potential class members consented to join this...
ORDER JIMM LARRY HENDREN, District Judge. Now on this 10th day of September, 2013, come on for consideration the Report And Recommendation Of The Magistrate Judge (document #8) and plaintiff's Objection With Request To Amend With Pendant State Law Claims And Motion For Appointment Of Counsel (document #11), and the Court, being well and sufficiently advised, finds and orders as follows: 1. Plaintiff claims that defendants discriminated against him on the basis of his gender and his...
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE ERIN L. SETSER, Magistrate Judge. Noah Steffy brings this employment discrimination action pursuant to Title VII, 42 U.S.C. 2000e. His complaint was provisionally filed subject to a later determination of whether it should be served upon the Defendants. I. Background Plaintiff filed this employment discrimination case against his former employer, Sodexo, Inc., Jim Huffman, the regional manager, Susan Sherwood, the general manager, and...
ORDER ROBERT T. DAWSON, District Judge. On this 10 th day of September, 2013, comes on for consideration the United States Magistrate Judge Erin L. Setser's Report and Recommendation (doc. 16) dated August 20, 2013, regarding the request for attorney's fees filed by Plaintiff's counsel. No objections were filed, and the Court hereby adopts the Report and Recommendation in its entirety. For the reasons set forth in the Report and Recommendation, the Court hereby orders that Plaintiff's...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ERIN L. SETSER, Magistrate Judge. Plaintiff, Linda Oliver, appealed the Commissioner's denial of benefits to this Court. On January 28, 2013, a Judgment was entered remanding this matter to the Commissioner pursuant to sentence four of 42 U.S.C. 405(g). (Doc. 12). Plaintiff now moves for an award of 4,694.40 in attorney's fees under 28 U.S.C. 2412, the Equal Access to Justice Act (hereinafter "EAJA"), requesting compensation for 3.10 attorney...
ORDER SUSAN O. HICKEY, District Judge. Before the Court is Plaintiff's Motion to Dismiss Without Prejudice David Norwood. (ECF No. 38). Plaintiff moves to dismiss from this case Separate Defendant David Norwood in his individual capacity and official capacity. Upon consideration, the Court finds that the motion should be and hereby is GRANTED. Plaintiff's claims against Separate Defendant David Norwood in his individual capacity and official capacity are hereby DISMISSED WITHOUT PREJUDICE....
ORDER SUSAN O. HICKEY, District Judge. Before the Court is the Report and Recommendation filed August 13, 2013, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 42). Judge Bryant recommends that Plaintiff's official capacity claims against Defendants Gorum, Blair, Dew, and Young be dismissed with prejudice. No party has filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. 636(b)(...
MEMORANDUM OPINION AND ORDER P.K. HOLMES, III, Chief District Judge. Currently before the Court are Defendant Arunya Suresh's motion to dismiss (Doc. 25) and brief in support (Doc. 26) and Plaintiff NanoMech, Inc.'s response in opposition (Doc. 27) and brief in support (Doc. 28). For the reasons described herein, Defendant's motion to dismiss (Doc. 25) will be construed as a motion for judgment on the pleadings and is hereby GRANTED. I. Background This lawsuit concerns the claim of...
PRELIMINARY ORDER OF FORFEITURE JIMM LARRY HENDREN, District Judge. On April 24. 2013. a Grand Jury sitting in the Western District of Arkansas returned an Indictment against the Defendant, charging him with one count of having been previously convicted of a crime punishable by imprisonment exceeding one year, knowingly possessed a firearm, in violation of Title 18 U.S.C. 922(g)(1) and 924(a)(2); and one count of with intent to defraud. did possess falsely made, forged and counterfeited...
ORDER JIMM LARRY HENDREN, District Judge. Now on this 9th day of September, 2013, the above referenced matter comes on for consideration of the Report and Recommendation of the Magistrate Judge (document #59), and the plaintiff's objections thereto. The Court, being well and sufficiently advised, finds and orders as follows: 1. The plaintiff, proceedings pro se and in forma pauperis, brought this civil rights action pursuant to the provisions of 42 U.S.C. 1983. This matter concerns...
MEMORANDUM OPINION SUSAN O. HICKEY, District Judge. Plaintiffs Clinton Q. Kidd ("Clinton Kidd") and Iantha Joy Kidd filed a Complaint (ECF No. 1) against Defendants Frank Townsley ("Townsley") and Tanner Heavy Equipment Co., L.L.C. ("Tanner") alleging that Defendant Townsley negligently injured Plaintiff Clinton Kidd while in the scope of his employment with Defendant Tanner. This matter is now before the Court on Defendant Tanner's Motion for Summary Judgment. (ECF No. 17). Plaintiffs and...
ORDER SUSAN O. HICKEY, District Judge. Before the Court is the Report and Recommendation filed August 20, 2013 by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western District of Arkansas. (ECF No. 110). Judge Marschewski recommends that all of Plaintiff's remaining claims against Defendants Williams, Turner, and Smith be dismissed with prejudice. The parties have not filed objections to the Report and Recommendation, and the time to object has passed....
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JAMES R. MARSCHEWSKI, Chief Magistrate Judge. This is a civil rights action filed by Plaintiff, Tracy Williams, pursuant to the provisions of 42 U.S.C. 1983. Plaintiff proceeds pro se and in forma pauperis. Pursuant to the provisions of 28 U. S. C. 636(b)(1) and (3)(2011), the Honorable Susan O. Hickey, United States District Judge, referred this case to the undersigned for the purpose of making a report and recommendation....
