ORDER ON DEFENDANT'S MOTION TO DISMISS COUNT II C. ASHLEY ROYAL, District Judge. This matter comes before the Court on Defendant General Electric Capital Corp.'s ("GEMB") Motion to Dismiss Count II of Plaintiff's Complaint. [Doc. 5]. In its motion, Defendant contends that Count II of the Complaint, which is based on state tort law, is preempted by a provision of the Fair Credit Reporting Act ("FCRA"). Having considered the matter, the Court finds that provision of the FCRA does not preempt...
ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT C. ASHLEY ROYAL, District Judge. Hattie Dickerson filed two complaints raising employment discrimination claims related to her employment at the Carl Vinson VA Medical Center. One raises claims of discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. The other raises claims of discrimination in violation of the Rehabilitation Act of 1973, 29 U.S.C. 701 et seq. (Rehab Act). Defendants have...
ORDER ON PLAINTIFF'S MOTION FOR SANCTIONS AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT C. ASHLEY ROYAL, District Judge. This matter comes before the Court for the resolution of several motions: Defendant Wal-Mart's Motion for Summary Judgment [Doc. 26], Plaintiff Jimmy Woodard's Motion for Sanctions [Doc. 48], and Defendant Wal-Mart's Motion for Leave to File a Sur-reply [Doc. 58]. This is premises liability case based on a trip-and-fall accident that Plaintiff Woodard suffered in a Wal-Mart...
ORDER CLAY D. LAND, District Judge. This action arises from a letter that Defendant Charles Calkins ("Calkins"), a partner in the law firm of Defendant Kilpatrick Stockton, LLP ("Kilpatrick"), wrote to Plaintiff Iguana, LLC ("Iguana") on behalf of his client, Defendant Paul Lanham ("Paul Lanham"). The letter accused Iguana of willfully infringing U.S. Reissue Patent No. 35,571 ("U.S. Re. '571"). Defendant H. David Cobb obtained a copy of the letter and forwarded it to Iguana's suppliers,...
ORDER HUGH LAWSON, Senior District Judge. Before this Court is the Defendants' Motion to Dismiss (Doc. 13). In conjunction with this Motion to Dismiss, the Court is taking under consideration Plaintiff's Response to the Motion to Dismiss (Doc. 21), Defendants' Reply (Doc. 22), and a second Response from Plaintiff (Doc. 23). I. Background On July 20, 2007, Plaintiff executed a Security Deed on his home ("Subject Property") in favor of non-party Countrywide Home Loans, Inc., as Lender, and...
ORDER CLAY D. LAND, District Judge. Plaintiff Jordan Outdoor Enterprises, LTD. ("JOEL" or "Plaintiff") sued Defendants That 70's Store, LLC ("That 70's Store") and Rick W. Morgan ("Morgan") (collectively "Defendants") for trademark infringement, trademark dilution, unfair competition, and deceptive trade practices. Defendants never filed a proper answer to Plaintiff's Complaint, and a default judgment was entered against Defendants. Default J., ECF No. 14. Defendants subsequently filed the...
ORDER CLAY D. LAND, District Judge. This action arises from a dispute between Plaintiff Denim North America Holdings, LLC ("Holdings" or "Plaintiff") and Defendants Swift Textiles, LLC ("Swift"), Galey & Lord, LLC ("Galey"), and Patriarch Partners, LLC ("Patriarch") (collectively, "Defendants"). Holdings and Defendants entered into a business venture to manufacture and sell denim textile products through a limited liability company called Denim North America, LLC ("DNA"). DNA was jointly...
ORDER ON DEFENDANTS' MOTIONS TO DISMISS C. ASHLEY ROYAL, District Judge. In this action, Plaintiffs GeorgiaCarry.Org, Inc. ("GCO"), The Baptist Tabernacle of Thomaston, Georgia, Inc. ("Tabernacle"), Edward Stone, and Jonathan Wilkins seek a ruling on the constitutionality of a provision of Georgia's firearm laws regulating the possession of weapons in a place of worship. Currently pending before the Court are motions to dismiss filed by: Defendants Governor Sonny Perdue and the State of...
ORDER CLAY D. LAND, District Judge. Plaintiff Mary Lee Salser ("Salser") was employed by the Clarke County School District ("School District") as a speech language pathologist. Salser, who has rheumatoid arthritis, claims that the School District and its employees discriminated and retaliated against her in violation of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq. ("ADA"), and violated the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq. ("FMLA")....
ORDER ON MOTION TO COMPEL C. ASHLEY ROYAL, District Judge. Currently before the Court is Plaintiff Terry Tindall's Motion to Compel. Plaintiff seeks to have the Court compel testimony about and the production of attorney-client communications. Plaintiff believes that these communications will demonstrate that attorneys representing Defendants provided legal advice in furtherance of fraudulent transfers, as defined in the Georgia Uniform Fraudulent Transfers Act, O.C.G.A. 18-2-70, et seq....
ORDER CLAY D. LAND, District Judge. Plaintiffs Ginger Hooper and Larry Marshall are former employees of Defendant Total System Services, Inc. ("TSYS"). Hooper claims that TSYS discriminated against her because of her gender. Specifically, she maintains that she was paid less than similarly situated male employees, that she was fired because of her gender, and that TSYS retaliated against her when she complained about gender discrimination. Marshall contends that TSYS discriminated against...
PUBLISH SANDS, District Judge. Before the Court are Plaintiffs Federal Trade Commission's (FTC) and State of Georgia's Motion for Preliminary Injunction (hereinafter "PI Motion") (Doc. 5); Hospital Authority of Albany-Dougherty County's ("the Authority") 1 Motion to Dismiss or Alternatively, for Summary Judgment and to Vacate the Temporary Restraining Order ("TRO") (Doc. 45); HCA, Inc.'s ("HCA") and Palmyra Park Hospital, Inc.'s ("Palmyra") 2 Cross-Motion to Dismiss or Alternatively, for...
ORDER MARC T. TREADWELL, District Judge. Before the Court is Respondent's Motion to Dismiss Petition for Writ of Habeas Corpus as Untimely. The Court agrees that Petitioner William Cary Sallie did not timely file his petition. However, the petition is not subject to dismissal because further development of the record is necessary to resolve Sallie's claim that he is entitled to equitable tolling of the statute of limitations. I. PROCEDURAL HISTORY On March 30, 1991, a jury convicted...
ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on Plaintiff North American Specialty Insurance Company's Motion for Summary Judgment (Doc. 39) and NES Equipment Services Corporation's Cross-Motion for Summary Judgment (Doc. 61). For the following reasons, the Motion for Summary Judgment is DENIED and the Cross-Motion for Summary Judgment is GRANTED in part and DENIED in part. I. FACTUAL BACKGROUND This declaratory judgment action arises out of a wrongful death...
ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Defendants' Motion to Dismiss (the "Motion") (Doc. 4). For the following reasons, the Motion is GRANTED in part and DENIED in part. I. FACTUAL BACKGROUND Plaintiff Bethani Lee brings this action for the death of her mother, Jonee Adair Lee-Livingston. 1 On October 2, 2008, Ms. Lee-Livingston's doctor prescribed for her 25 mcg/hr Mylan fentanyl transdermal system ("MFTS") patches manufactured by the...
ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Defendants' Motions for Summary Judgment (Docs. 73 & 75). The Defendants also filed Motions to Strike (Docs. 81 & 83) the Plaintiff's affidavit filed in response to their Motions for Summary Judgment (Doc. 77-7). With regard to the Defendants' Motions to Strike, the Defendants argue primarily that the Plaintiff's affidavit contains information that is outside the realm of her personal knowledge. However, the...
ORDER HUGH LAWSON, Senior District Judge. WHEREAS the Plaintiffs filed a Motion to Dismiss Parties and have shown that neither Winwholesale, Inc. nor Travelers Property Casualty Company of America are proper parties to this action and Defendants consent to said motion; IT IS HEREBY ORDERED that both Winwholesale, Inc. and Travelers Property Casualty Company of America are DISMISSED without prejudice. SO ORDERED.
ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on Petitioner Pandita Charm-Joy Seaman's Petition (Doc. 1) filed pursuant to the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Convention" or "Convention") and its implementing legislation, the International Child Abduction Remedies Act ("ICARA"), 42 U.S.C. 11601-11610. The Petitioner seeks the return of her four children to Mexico, alleging that the children were wrongfully removed...
SANDS, District Judge. Before the Court is Defendants' Motion to Hear and Determine Their First Defense—Lack of Subject Matter Jurisdiction. (Doc. 21). For the following reasons, Defendants' Motion to Hear and Determine Their First Defense—Lack of Subject Matter Jurisdiction (Doc. 21) is GRANTED, and the above-captioned case is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. 1 RELEVANT BACKGROUND The events underlying the above-captioned action occurred in the...
SANDS, District Judge. Before the Court is Defendant's Motion for Declaratory Judgment that Fair Sentencing Act of 2010 Applies to Defendant (hereinafter "Motion for Declaratory Judgment"). (Doc. 51). For reasons more fully explained below and held at Defendant's February 10, 2011 sentencing hearing, the Court GRANTS Defendant's Motion for Declaratory Judgment (Doc. 51). 1 RELEVANT PROCEDURAL HISTORY Defendant was arrested September 10, 2009, for drug possession and distribution charges....
