ORDER AMY TOTENBERG, District Judge. This matter is before the Court on Defendants Tauber & Balser, P.C., Sheldon Zimmerman, Mark Murovitz, and Paul Dopp's (collectively the "T & B Defendants" or "T & B") Motion for Clarification [Doc. 137]. On July 5, 2013, the Court denied Plaintiff's motion to compel the production of certain communications between Carlock Copeland & Stair, LLP ("Carlock Copeland"), the T & B Defendants' counsel, and CAMICO Mutual Insurance Company ("CAMICO"), the T & B...
ORDER & OPINION JULIE E. CARNES, Chief Judge. This action is presently before the Court on appellant's appeal of bankruptcy court's order to reopen a closed bankruptcy proceeding. For the reasons set forth below, the Court REVERSES the bankruptcy court's decision to reopen the case and REMANDS for further proceedings consistent with this opinion. BACKGROUND The facts of this case are largely undisputed. On May 6, 2010, Merritt Ambrose ("the debtor") sent a letter to Erin Riggins...
OPINION AND ORDER THOMAS W. THRASH, JR., District Judge. The Federal Deposit Insurance Corporation, acting as receiver for the Buckhead Community Bank, claims that former officers and directors of the bank were negligent and grossly negligent in their management of the bank's loan portfolio, leading to the bank's failure. The Defendants seek to dismiss the claims. They argue that, in Georgia, the business judgment rule precludes ordinary negligence claims against officers and directors of a...
ORDER ORINDA D. EVANS, District Judge. This criminal case is before the Court on the Final Report and Recommendation of United States Magistrate Judge E. Clayton Scofield III filed August 30, 2013 [Doc. 155]. No objections have been filed. In the Report and Recommendation, the Magistrate Judge recommends that Defendant's motion to suppress evidence from mobile telephone be granted. Specifically, the Magistrate Judge found that the BATF agent violated Defendant's Fourth Amendment rights when...
ORDER THOMAS W. THRASH, JR., District Judge. This is a Title VII employment discrimination action. It is before the Court on the Report and Recommendation [Doc. 23] of the Magistrate Judge recommending dismissing the action based upon the mandatory arbitration clauses in the Plaintiffs' employment contracts. The arbitration clauses are typical of those routinely enforced in the federal courts. The Plaintiffs cite no authority in support of their argument that an arbitration clause is void...
OPINION AND ORDER WILLIAM S. DUFFEY, JR., District Judge. This matter is before the Court on Defendants' Motion to Dismiss Plaintiffs' Amended Complaint [24]. I. BACKGROUND A. Procedural History On February 26, 2013, Plaintiffs RMS Titanic, Inc. ("RMS Titanic") and Premier Exhibitions, Inc. ("Premier"), both Florida corporations with their principal place of business in Atlanta, Georgia, filed a complaint asserting claims against Defendants Thomas Zaller ("Zaller"), Imagine Exhibitions,...
OPINION AND ORDER THOMAS W. THRASH, JR., District Judge. This is a civil rights action. It is before the Court on the Defendants' Motion for Summary Judgment [Doc. 48] and the Plaintiff's Cross-Motion for Partial Summary Judgment [Doc. 55]. For the reasons set forth below, the Defendants' Motion for Summary Judgment [Doc. 48] is GRANTED in part and DENIED in part. The Plaintiff's Cross-Motion for Partial Summary Judgment [Doc. 55] is DENIED. I. Background In 2011, the Plaintiff, Sandra...
OPINION AND ORDER THOMAS W. THRASH, JR., District Judge. This is an action asserting a retaliation claim under the Rehabilitation Act. It is before the Court on the Defendant Gwinnett County School District's Motion for Summary Judgment [Doc. 48]. For the reasons set forth below, the Defendant's Motion for Summary Judgment [Doc. 48] is GRANTED. I. Background The Plaintiff, Deborah Edwards, was a special education teacher at Snellville Middle School of the Gwinnett County School District....
ORDER RICHARD W. STORY, District Judge. This action is before the Court on Plaintiff's motion for summary judgment [25], Defendant's cross-motion for summary judgment [36], Plaintiff's motion to strike [39], and Plaintiff's motion to strike affidavit of Roberta Sims [50]. For the following reasons, the Court denies Plaintiff's motions to strike and grants in part and denies in part both motions for summary judgment. Background On April 9, 2012, Plaintiff Gary Gaylor filed this action...
ORDER & OPINION JULIE E. CARNES, Chief Judge. This case is before the Court on defendant's Motion to Dismiss for Lack of Personal Jurisdiction or to Transfer [3]. The Court has reviewed the record and the arguments of the parties and, for the reasons set out below, concludes that defendant's Motion to Dismiss or Transfer [3] should be DENIED. BACKGROUND This is a trademark infringement and unfair competition case. (Compl. [1] at 16-18.) Plaintiff manufactures and sells "Funky Monkeys"...
ORDER & OPINION JULIE E. CARNES, Chief Judge. This case is before the Court on defendant's Motion to Clarify Plaintiffs' Claims [41]; plaintiffs' Request for Oral Argument on Defendant's Motion to Clarify Plaintiffs' Claims and Plaintiffs Opposition to Same [44]; and defendant's Motion for Leave to Submit Supplemental Authority in Support of Their Motion to Clarify [56]. The Court has reviewed the record and the arguments of the parties and, for the reasons that follow, concludes that...
OPINION AND ORDER THOMAS W. THRASH, JR., District Judge. This action concerns an insurance coverage dispute. The Court previously determined the Plaintiffs were not insured by the Defendant because the Plaintiffs were not acting as real estate managers of the Property at issue. Now, the Defendant seeks summary judgment on all of the Plaintiffs' remaining claims, the Plaintiffs seek summary judgment on their claims for bad faith failure to settle, and the Counterclaim Defendants ask the Court...
OPINION AND ORDER THOMAS W. THRASH, JR., District Judge. This is a wrongful foreclosure action. It is before the Court on the Defendant's Motion for Summary Judgment [Doc. 87]. For the reasons set forth below, the Defendant's Motion for Summary Judgment [Doc. 87] is GRANTED in part and DENIED in part. I. Background This is an unusual foreclosure case. On March 27, 2007, the Plaintiff Kin Chun Chung purchased property ("Chung Property") located at 2755 Sudbury Trace in Norcross, Georgia. (...
ORDER & OPINION JULIE E. CARNES, Chief Judge. This case is presently before the Court on defendant's Motion for Summary Judgment ("DMSJ") [125] and defendant's Motion to Strike [137]. The Court has reviewed the record and the arguments of the parties and, for the reasons set out below, concludes that the defendant's Motion for Summary Judgment [125] should be DENIED and defendant's Motion to Strike [137] should be DENIED as moot. BACKGROUND The present action involves an alleged...
ORDER RICHARD W. STORY, District Judge. This case comes before the Court on Plaintiffs' Motion to Amend Judgment and/or Motion for Reconsideration [26] and Motion to Disqualify Attorney/Motion for Hearing [27]. After reviewing the record, the Court enters the following Order. Background This case arises out of the foreclosure sale of Plaintiffs Beverly Crespo and Carey Crespo's (collectively the "Crespos") property, situated on Land Lot 108 in the 8 th Land District, Hall County, Georgia,...
ORDER RICHARD W. STORY, District Judge. This case comes before the Court on Defendant Ray Vinson, Jr.'s Motion to Dismiss for Lack of Personal Jurisdiction [13] and Plaintiff's Motion to Amend Its Complaint [19]. After reviewing the record, the Court enters the following Order. Background This case arises from a dispute involving a Direct Marketing Agreement and a Direct Marketer Pass-Through Agreement between Plaintiff Interstate National Dealer Services ("Interstate" or "Plaintiff"), a...
ORDER RICHARD W. STORY, District Judge. This case comes before the Court on Plaintiff's Motion to Dismiss Defendants' Counterclaim [8]. After reviewing the record, the Court enters the following Order. Background Plaintiff filed the instant case raising claims against Defendants for unpaid overtime compensation in violation of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201, et seq. (Compl., Dkt. [1]) Defendants filed a Counterclaim in their Answer, which reads in its entirety: "...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr., District Judge. This matter is before the Court on Plaintiff Jeffrey Phillips's ("Plaintiff" or "Phillips") Objections [49] to Magistrate Judge Justin S. Anand's Non-Final Report and Recommendation ("R&R") [47]. The R&R recommends that Bank of America, National Association, as Successor by Merger to LaSalle Bank National Association, as Trustee for the Registered Holders of Credit Suisse Seasoned Loan Trust 2006-1, Home Equity Pass-Through...
NON-FINAL REPORT AND RECOMMENDATION ON A MOTION TO DISMISS JUSTIN S. ANAND, Magistrate Judge. Plaintiff Jeffrey Phillips filed the original Complaint initiating this action in the Superior Court of Fulton County, Georgia, on November 16, 2010. See Notice of Removal [1] at 1. In the original Complaint, Plaintiff named Ocwen Loan Servicing, LLC ("OLS") as the only Defendant. See Compl., attached to Notice of Removal. On October 5, 2012, Plaintiff filed the First Amended and Restated...
ORDER RICHARD W. STORY, District Judge. This case comes before the Court on Plaintiff's Motion to Amend Judgment and/or Motion for Reconsideration [78]. After reviewing the record, the Court enters the following Order. Background This case arises out of the foreclosure sale of real property formerly owned by Tony R. Reese and Melissa R. Reese (the "Borrowers"), located at 220 Highland Lake Court, College Park, Georgia 30349 (the "Property"). (Pet. Wrongful Foreclosure, Punitive Damages,...
