ORDER RICHARD W. STORY, District Judge. This case is before the Court for consideration of the Report and Recommendation [33] of Magistrate Judge Susan S. Cole. After reviewing the Report and Recommendation and Defendant's Objections [34] thereto, the Court enters the following Order. In his Motion to Dismiss the Indictment [27], Defendant seeks dismissal of the Indictment based on alleged outrageous law enforcement conduct. Specifically, Defendant alleges that conduct of law enforcement...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND ORDER CERTIFYING CASE READY FOR TRIAL SUSAN S. COLE, Magistrate Judge. Before the court is Defendant's "Preliminary Motion to Dismiss Due to Outrageous Law Enforcement Conduct." [Doc. 27]. For the reasons that follow, it is RECOMMENDED that Defendant's motion be DENIED . Procedural History On May 9, 2011, the undersigned issued a search warrant authorizing the search of Defendant's residence. ( See Doc. 1, Affidavit of Anthony Scott,...
ORDER TIMOTHY C. BATTEN, SR., District Judge. Before the Court is Appellant Jin K. Choi's appeal of the portion of the bankruptcy court's order denying his motion for summary judgment. The order and motion were filed in the adversary proceeding commenced by Appellee Promax Investments, LLC. I. Background The facts of this appeal are relatively straightforward. On October 8, 2010, Choi filed a chapter 7 bankruptcy petition, and he listed Promax as a creditor. On October 11, a notice of the...
OPINION AND ORDER WILLIAM S. DUFFEY, JR., District Judge. This matter is before the Court on Plaintiff's Motion for a Preliminary Injunction [4] and Defendant's Motion to Dismiss Complaint [22]. I. BACKGROUND Plaintiff America's Health Insurance Plans ("AHIP") challenges the validity of certain provisions of Georgia statutes, regulating the timeliness of the payment of claims submitted to "self-funded" employer health benefit plans, on the ground that the statutes are preempted by the...
CONSENT PROTECTIVE ORDER STEVE C. JONES, District Judge. Auto-Owners Insurance Company agrees to be bound by the terms of the Consent Order entered into by the parties in the related case DS Waters of America, Inc. and Stillwater Asset-Backed Fund, LP v. Fontis Water, Inc. and Smoky Mountain Water, Inc. , Civil Action File Number 1:10-CV-335 (SCJ), which was filed in that matter on November 30, 2010. In the interest of continuity between the two cases, the parties agree to adopt the...
ORDER THOMAS W. THRASH, JR., District Judge. This is an insurance coverage dispute. It is before the Court on the Plaintiff's Objection to the Proposed Findings of Fact and Conclusions of Law Pursuant to 28 U.S.C. 157(c)(1) Regarding Defendant AISLIC's Motions for Summary Judgment and Defendant AISLIC's Objection to the Bankruptcy Court's Proposed Findings of Fact and Conclusions of Law [Doc. 1]. For the reasons set forth below, the Court DENIES the Plaintiff's Objection, DENIES AS MOOT...
OPINION AND ORDER WILLIAM S. DUFFEY, JR., District Judge. This matter is before the Court on Defendant's Motion to Decertify Collective Action [185]. Also before the Court are Plaintiffs' Motions to Strike Consents [147, 148, and 149] and Defendant's Motion for an Order Compelling Arbitration [154]. I. BACKGROUND This case is about alleged violations by Defendant Amerisave Mortgage Corporation ("Amerisave") of the overtime provisions of the Fair Labor Standards Act ("FLSA"). Amerisave is a...
ORDER RICHARD W. STORY, District Judge. This case comes before the Court on Defendant KPI, Co., LTD's ("KPI") Motion to Dismiss [15]; KPI's Motion for Discovery [17]; Plaintiff Atlanta Fiberglass USA, LLC's ("AFG") Motion for Leave to File Second Amended Complaint and to Add Parties, S.K. Hwang and Hyo Kyung Cho [26]; and KPI's Motion for Leave to File Short Sur-Reply in Opposition to Plaintiff's Motion for Leave to Amend the Complaint and to Add Parties [35]. After reviewing the record, the...
ORDER THOMAS W. THRASH, JR., District Judge. This is an action to confirm an arbitration award. It is before the Court on the Plaintiffs' Motion to Confirm the Arbitration Award [Doc. 27] and the Defendants' Motion to Vacate the Arbitration Award [Doc. 16]. For the reasons set forth below, the Plaintiffs' Motion to Confirm the Arbitration Award [Doc. 27] is GRANTED and the Defendants' Motion to Vacate the Arbitration Award [Doc. 16] is DENIED. I. Background This dispute began when the...
CORRECTED OPINION AND ORDER THOMAS W. THRASH, JR., District Judge. This is a multidistrict litigation proceeding involving antitrust actions that are consolidated for pretrial proceedings. It is before the Court on Par Pharmaceutical Companies, Inc. and Paddock Laboratories, Inc.'s Motion for Summary Judgment on Objective Baselessness [Doc. 555] 1 , Par Pharmaceutical Companies, Inc. and Paddock Laboratories, Inc.'s Motion for Summary Judgment on Improper Subjective Motivation [Doc. 567],...
ORDER RICHARD W. STORY, District Judge. This case comes before the Court on Defendant Aaron's, Inc.'s ("Defendant") Partial Motion to Dismiss Plaintiff's "Second Amended Complaint and Class Action Complaint" ("Def.'s Partial Mot. to Dismiss") [9]. After reviewing the record, the Court enters the following Order. Background Plaintiff Judith Clark ("Clark") initiated this litigation in the Superior Court of Fulton County, raising various claims stemming from Defendant's alleged failure to...
ORDER RICHARD W. STORY, District Judge. This case comes before the Court on Defendants' Motion to Dismiss Consolidated Amended Complaint [28-1]. After reviewing the record, the Court enters the following Order. Background This is a consolidated securities class action. Plaintiffs bring claims under 10(b) and 20(a) of the Securities Exchange Act of 1934 (hereinafter "Exchange Act"), 15 U.S.C. 78j(b) and 78t(a), and Securities and Exchange Commission (hereinafter "SEC") Rule 10b-5,...
ORDER RICHARD W. STORY, District Judge. This case comes before the Court on Plaintiff's Motion for Partial Summary Judgment [34], Defendants' Motion for Summary Judgment [35], Defendants' Motion for Leave to Amend Statement of Material Facts [46], and, finally, Plaintiff's Motion for Leave to File Supplemental Brief Due to Admission In Judicio [56].After reviewing the record, the Court enters the following Order. Background Plaintiff Rachel Coker ("Plaintiff") initiated this litigation...
ORDER RICHARD W. STORY, District Judge. This case comes before the Court on Defendant United Parcel Service General Services Co.'s ("UPS" or "Defendant") Motion for Summary Judgment [43]. After reviewing the record, the Court enters the following Order. Background Plaintiff filed this action against Defendant, Plaintiff's current employer, alleging discrimination and retaliation in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. 621, et seq. ( See generally...
ORDER THOMAS W. THRASH, JR., District Judge. This is an action to compel arbitration of a dispute arising out of a franchise agreement. It is before the Court on the Petitioners' Motion to Compel Arbitration [Doc. 2] and the Respondents' Motion to Dismiss [Doc. 7]. For the reasons set forth below, the Petitioners' Motion to Compel Arbitration is GRANTED and the Respondents' Motion to Dismiss is DENIED. I. Background Petitioner Cell Phone Repair Franchise Systems, Inc. ("CPR") is a...
ORDER AND OPINION JULIE E. CARNES, Chief Judge. This case is before the Court on defendant MRA Holding, LLC and defendant Mantra Films, Inc.'s (the "defendants") Motion for Summary Judgment [179]. For the reasons that follow, defendants' Motion for Summary Judgment [179] is GRANTED in part as to all but the appropriation claim. The resolution of defendants' motion relating to the appropriation claim depends on unsettled questions of Georgia law. Accordingly, the Court DENIES without...
OPINION AND ORDER WILLIAM S. DUFFEY, JR., District Judge. This matter is before the Court on Cardinal Health 5, LLC's ("Defendant" or "Cardinal") Motion for Relief Under Rule 56(h) of the Federal Rules of Civil Procedure [192]; Cardinal's Motion for Partial Summary Judgment [143]; nVision Global Technology Solutions, Inc.'s ("Plaintiff" or "nVision") Motion for Partial Summary Judgment [148]; and nVision's Renewed Motion for Summary Judgment on Cardinal's Counterclaims of Fraud and Estoppel [...
ORDER AMY TOTENBERG, District Judge. This matter is before the Court on the Magistrate Judge's Final Report and Recommendation ("R & R") [Doc. 38] and Defendant' Objections to the R & R [Doc. 41]. The Magistrate Judge's R & R recommended that Defendant Roberts' Motions to Suppress Statements and Evidence [Docs. 11 and 12] be granted in part and denied in part. I. LEGAL STANDARD Under Fed.R.Crim.P. 59(a), a magistrate judge may rule on any matter referred by a district judge that does not...
ORDER AMY TOTENBERG, District Judge. This matter is before the Court on the Magistrate Judge's Report and Recommendation as to Movant Cepeda Broughton's motion pursuant to 28 U.S.C. 2255 regarding the sentence he received after entering a plea of guilty to one count of bank robbery by force or violence, one count of carrying a firearm during the commission of an armed robbery, and one count of being a convicted felon in possession of a firearm [Doc. 46]. Also before the Court are the...
UNITED STATES MAGISTRATE JUDGE'S FINAL REPORT AND RECOMMENDATION ALAN J. BAVERMAN, Magistrate Judge. Movant, Adolphus Dixon, has filed a 28 U.S.C. 2255 motion to vacate, set aside, or correct his federal sentence entered under the above criminal docket number. The matter is before the Court on the 2255 motion, [Doc. 101], Movant's motion for an evidentiary hearing, [Doc. 102], and Respondent's response, [Doc. 106]. For the reasons discussed below, Movant's motion to vacate and motion for...
