ORDER CLAY D. LAND , Chief District Judge . Defendant Mentor Worldwide LLC developed a suburethral sling product called ObTape Transobturator Tape, which was used to treat women with stress urinary incontinence. Plaintiff Susan Nielsen was implanted with ObTape and asserts that she suffered injuries caused by ObTape. Nielsen brought this product liability action against Mentor, contending that ObTape had design and/or manufacturing defects that proximately caused her injuries. Nielsen also...
ORDER STEPHEN HYLES , Magistrate Judge . The Social Security Commissioner, by adoption of the Administrative Law Judge's (ALJ's) determination, denied Claimant's 1 application for Supplemental Security Income, finding that she was not disabled within the meaning of the Social Security Act and Regulations. Plaintiff, filing suit on Claimant's behalf, contends that the Commissioner's decision was in error and seeks review under the relevant provisions of 42 U.S.C. 405(g) and 42 U.S.C....
ORDER CLAY D. LAND , Chief District Judge . Defendant has filed a motion to suppress statements he made during a custodial interrogation by a special agent of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). (ECF No. 27) Defendant contends that his right to counsel under the Sixth Amendment to the United States Constitution was violated when the ATF special agent interrogated him, knowing that he was represented by counsel on related state charges. Because the...
ORDER CLAY D. LAND , Chief District Judge . Defendant Mentor Worldwide LLC developed a suburethral sling product called ObTape Transobturator Tape, which was used to treat women with stress urinary incontinence. Plaintiff Matilde Duarte was implanted with ObTape and asserts that she suffered injuries caused by ObTape. Duarte brought a product liability action against Mentor, contending that ObTape had design and/or manufacturing defects that proximately caused her injuries. Duarte also...
ORDER MARC T. TREADWELL , District Judge . Plaintiff Samson Eugene James filed the present action against officers at the Baldwin County Jail under 1983 for alleged violations of his constitutional rights. Those defendants were served and have filed responsive pleadings. In the same action, Plaintiff also attempts to bring claims against a physician and nurse at the Oconee Regional Medical Center ("ORMC") in Milledgeville, Georgia. Those defendants have not yet been served. I. Joinder...
ORDER CLAY D. LAND , District Judge . Presently pending before the Court is Defendant Mentor Worldwide LLC's Motion for Suggestion of Remand to the United States District Court for the District of Minnesota (ECF No. 27 in 4:14-cv-198). As discussed below, the motion is granted. Plaintiff Glenda Weber alleged in her Complaint that she sustained injuries caused by Mentor's suburethral sling product, ObTape Transobturator Tape, which is at issue in this multidistrict litigation proceeding....
ORDER CLAY D. LAND , District Judge . Plaintiff Elizabeth Ann Ingle filed an action against Defendant Mentor Worldwide LLC in Minnesota state court. Mentor removed the action to the United States District Court for the District of Minnesota; then the Judicial Panel on Multidistrict Litigation transferred it to this multidistrict litigation proceeding. Upon completion of the pretrial proceedings, the parties did not agree to a waiver of venue under Lexecon Inc. v. Milberg Weiss Bershad...
ORDER CLAY D. LAND , Chief District Judge . Defendant Mentor Worldwide LLC developed a suburethral sling product called ObTape Transobturator Tape, which was used to treat women with stress urinary incontinence. Plaintiff Patricia Terry was implanted with ObTape and asserts that she suffered injuries caused by ObTape. Terry brought a product liability action against Mentor, contending that ObTape had design and/or manufacturing defects that proximately caused her injuries. Terry also...
ORDER CLAY D. LAND , Chief District Judge . Defendant Mentor Worldwide LLC developed a suburethral sling product called ObTape Transobturator Tape, which was used to treat women with stress urinary incontinence. Plaintiffs Michele Jackson, Andrea Rupert, Wendy Charles, Carrie Klum, Olga Leon, Graciela Urbieta, Sharon Lovell, Arleen Suen, Sylvia Uriegas, Debra Degroot, Libby Hall, and Sherry Lynn Chambers were implanted with ObTape and assert that they suffered injuries caused by ObTape....
ORDER LESLIE J. ABRAMS , District Judge . Before the Court is Defendant Excel Global Logistics, Inc.'s Motion to Dismiss. (Doc. 4). For the following reasons, Defendant's Motion is GRANTED. BACKGROUND This action concerns alleged racial discrimination against Plaintiff Brian Richardson as he was working as a forklift operator at Defendant's Albany, Georgia office. ( See Doc. 1.) On or about March 24, 2012, Plaintiff filed a Charge of Discrimination with the United States Equal...
ORDER MARC T. TREADWELL , District Judge . The Plaintiffs filed this action to recover unpaid overtime compensation pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq. (Doc. 1). The Defendant filed an answer, denying that it has violated the FLSA, as well as a counterclaim against Plaintiff Ward for fraud and misrepresentation. (Doc. 5). The parties engaged in discovery and have now moved this Court to approve a settlement agreement and dismiss this action with...
ORDER MARC T. TREADWELL , District Judge . United States Magistrate Judge Stephen Hyles denied the Plaintiff's motions to compel discovery and stay the case (Docs. 56; 59) and recommends denying the Plaintiff's motion to amend (Doc. 48) and motion for summary judgment (Doc. 47) and granting the Defendant's motion for summary judgment (Doc. 50). (Doc. 62). The Plaintiff has objected to the order denying the motion to compel discovery and the Recommendation. (Doc. 66). I. The Plaintiff's...
ORDER STEPHEN HYLES , Magistrate Judge . Presently pending before the Court are Plaintiff's motion for a new trial (ECF No. 148) and motion for leave to appeal in forma pauperis (ECF No. 151). For the reasons explained below, Plaintiff's motion for a new trial is denied, but his motion for leave to appeal IFP is granted. BACKGROUND On September 14, 2015, the Court began a jury trial in this case on the one remaining claim for relief—an Eighth Amendment excessive force claim against...
ORDER ON DEFENDANTS' MOTIONS TO DISMISS AND PLAINTIFFS' MOTION TO AMEND COMPLAINT C. ASHLEY ROYAL , District Judge . Plaintiffs originally filed their Complaint in the Superior Court of Hancock County, Georgia, alleging violations of 42 U.S.C. 1983 and various state laws based on Plaintiff Mary Sims's perceived unlawful arrest and subsequent prosecution for obstruction of an officer. Defendants timely removed the case to this Court based on federal question jurisdiction. Now before the...
ORDER ON DEFENDANT'S MOTION TO DISMISS C. ASHLEY ROYAL , District Judge . Before the Court is Defendant Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A.'s Motion to Dismiss [Doc. 16] Plaintiffs Robert E. Green and Janice W. Green's Second Amended Complaint [Doc. 18] for damages arising from breach of contract. The Motion is fully briefed and ripe for adjudication. Upon review of the pleadings, the arguments of counsel, and the relevant legal authorities, the Court finds...
ORDER ON DEFENDANT'S MOTION OR JUDGMENT ON THE PLEADINGS C. ASHLEY ROYAL , District Judge . Plaintiff Sterling Bridges brings this action against Defendant Performant Recovery, Inc. pursuant to the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692 et seq., on behalf of himself and others similarly situated. Presently before the Court is Defendant's Motion for Judgment on the Pleadings. Having considered the pleadings, the parties' arguments, and relevant legal authority,...
ORDER MARC T. TREADWELL , District Judge . Defendants LVNV Funding LLC, Resurgent Capital Services LP, Sherman Acquisition LLC, Sherman Financial Group LLC, Sherman Originator LLC (the "Sherman Defendants"), and Atlas Acquisitions LLC ("Atlas") have moved to dismiss the Plaintiffs' second amended and recast complaint (Doc. 74) for lack of subject matter jurisdiction pursuant to the Rooker-Feldman doctrine and failure to state a claim as to all counts. (Docs. 20; 21). 1 Arrow Financial...
ORDER MARC T. TREADWELL , District Judge . United States Magistrate Judge Stephen Hyles recommends dismissing the Petitioner's "Motion for Relief from Judgment under Rule 60(b)." (Docs. 26; 27). Construing the Petitioner's motion as a successive habeas petition, the Magistrate Judge makes this recommendation because the Petitioner has not sought approval from the Eleventh Circuit to file a second or successive petition pursuant to 28 U.S.C. 2244(b). Thus, the Court lacks jurisdiction to...
REPORT AND RECOMMENDATION STEPHEN HYLES , Magistrate Judge . Presently pending before the Court is Petitioner's motion for relief from judgment under Federal Rule of Civil Procedure 60. (ECF No. 26.) For the reasons explained below, Petitioner's motion should be denied. BACKGROUND On November 29, 2000, in the Superior Court of Bibb County, Petitioner was found guilty of multiple counts of armed robbery, kidnapping, and possession of a firearm. Pet. for Writ of Habeas Corpus 1, ECF No 6....
ORDER LESLIE J. ABRAMS , JUDGE , UNITED STATES DISTRICT COURT. The Parties in the above-captioned matter have cross-moved for summary judgment. (Docs. 19, 21.) For the following reasons, Defendant's Motion for Summary Judgment (Doc. 19) is DENIED and Plaintiffs' Motion for Summary Judgment (Doc. 21) is GRANTED. BACKGROUND 1 This action arises out of Defendant's denial of coverage under an insurance policy ("the "Policy") pursuant to which Defendant insured Plaintiffs' dwelling...
