OPINION AND ORDER WILLIAM S. DUFFEY, JR. , UNITED STATES DISTRICT JUDGE . This matter is before the Court on Defendant AgriFact Capital, LLC's ("AgriFact") Motion to Dissolve, or in the Alternative, Modify the Court's Temporary Restraining Order as Against AgriFact Capital, LLC [54] and AgriFact's Motion to Dismiss for Failure to State a Claim or Alternatively, to Dissolve or Modify the Injunction [72], which the Court construes together as AgriFact's Motions for Reconsideration of the...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on Defendants OxBlue Corporation, Chandler McCormack, Bryan Mattern and John Paulson's (together, "OxBlue") Motion for Attorneys' Fees and Expenses Pursuant to FRCP 54(d), L.R. 54.2 and O.C.G.A. 9-11-68 [311] ("Motion"), and Plaintiff EarthCam, Inc.'s ("EarthCam") Additional Adverse Submissions in Response to the OxBlue Defendants' Motion for Attorneys' Fees and Expenses [322] (the "Additional...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . On December 11, 2015, Anytime Fitness, LLC ("Plaintiff") filed its Complaint [1] against Defendants Jeffrey Joseph Stewart, II, Jerry Martin, and Dacula Express Fitness, Inc. (together, "Defendants"). Plaintiff's Complaint asserts that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332. Federal courts "have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on Defendants Ocwen Financial Corporation's ("Ocwen" or the "Company"), William C. Erbey's, Ronald M. Faris', and John V. Britti's (together, the "Moving Defendants") Motion to Transfer Venue [27] (the "Motion"). 1 Also before the Court is the Moving Defendants' Motion to Stay Discovery and Pretrial Deadlines Pending Ruling on Motion to Transfer Venue [30] and Plaintiff Helene Hutt's ("Hutt")...
FINAL REPORT AND RECOMMENDATION MOTION TO VACATE 28 U.S.C. 2255 CATHERINE M. SALINAS , Magistrate Judge . This matter is before the Court on Calvin Johnson's pro se Memeorandum [sic] Brief of Facts and Law in Support of Petitioner's Motion Filed Pursuant to 28 U.S.C. 2255 [131]. Although no separate 2255 motion appears on the docket, the undersigned has liberally construed Mr. Johnson's memorandum as making such a motion. For the following reasons, the undersigned will recommend...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on Plaintiff Thomas H. Futch's ("Plaintiff") Motion for Leave to Serve Defendant Capital View Restaurant Group, Inc. Via Alternative Method [3] (the "Motion"). Plaintiff asserts that Defendant Capital View Restaurant Group, Inc. ("CVRG") is a Georgia corporation, and its registered agent for service of process is Mr. Christian Johnson, whose address is listed as 1400 McPherson Avenue, Southeast,...
FINAL REPORT AND RECOMMENDATION JANET F. KING , Magistrate Judge . The above-styled case is before the undersigned on Defendant Kenneth Kieler's application to proceed in forma pauperis . [Doc. 1]. The court, for the purpose of remand, GRANTS Defendant's motion. The court has the responsibility "to review Defendant's notice of removal to determine whether it meets the requirements of the statute." Alabama v. Baker , 222 F.Supp.2d 1296 , 1297-98 (M.D. Ala. 2002). "If at any time...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on Magistrate Judge J. Clay Fuller's Final Report and Recommendation [22] ("R&R"), recommending that Plaintiff Kymnicka McPherson's ("Plaintiff") Amended Motion for Default Judgment [11] be granted and that Plaintiff's Motion for Attorneys' Fees [21] be granted in part. I. BACKGROUND 1 Plaintiff was employed by Defendant Kids N Play, LLC, doing business as "Kids Land" ("Defendant") until April...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on Defendant Sterling Jewelers' ("Defendant") Motion to Stay [15] and Plaintiff Frederick Luster's ("Plaintiff") Motion to Remand [16]. I. BACKGROUND On July 8, 2015, Plaintiff filed this putative class action against Defendant in the State Court of DeKalb County for alleged violations of the Telephone Consumer Protection Act ("TCPA"), 47 U.S.C. 227. Plaintiff seeks statutory damages under the...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on the Plaintiff Nancy Reed-Murry's, the Centene Corporation's, and the Centene Management Company, LLC's (the "Centene Defendants") (together, the "Parties") Joint Motion to Consolidate Cases [12] (the "Joint Motion") filed in Reed-Murry v. Centene Corporation et al. , Civil Action No. 1:15-cv-895 (the " Reed-Murry Action"). I. BACKGROUND There are currently two separate actions before this...
OPINION AND ORDER WILLIAM S. DUFFEY, JR. , District Judge . This matter is before the Court on the Plaintiff Nancy Reed-Murry's, the Centene Corporation's, and the Centene Management Company, LLC's (the "Centene Defendants") (together, the "Parties") Joint Motion to Consolidate Cases [12] (the "Joint Motion") filed in Reed-Murry v. Centene Corporation et al. , Civil Action No. 1:15-cv-895 (the " Reed-Murry Action"). I. BACKGROUND There are currently two separate actions before this...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . During the course of discovery, Plaintiff Marcus Bell ("Plaintiff") filed his Motion for Release of Evidence for Discovery Purposes [29], Motion for Early Morning Meeting of Parties [34], and Renewed Motion for Release of Evidence for Discovery Purposes [35] (together, the "Motions"). On September 14, 2015, Defendants filed their Response [38], informing the Court that the parties agreed to meet on September 18, 2015, to discuss...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on Magistrate Judge E. Clayton Scofield's Final Report and Recommendation [14] ("R&R"). The R&R considered Petitioner Aaron LeVon Johnson's ("Petitioner") Petition for Writ of Habeas Corpus [1] ("Petition"). I. BACKGROUND In 2001, Petitioner was indicted in the Superior Court for Fulton County, Georgia, on two counts of aggravated child molestation and one count of child molestation. ([9.3] at 40-...
OPINION AND ORDER THOMAS W. THRASH, Jr. , District Judge . The Plaintiffs the Federal Trade Commission ("FTC"), the Direct Purchaser Class, the Individual Direct Purchasers, and the End-Payor Class brought antitrust actions against the Defendants Solvay Pharmaceuticals, Inc., Watson Pharmaceuticals, Inc., Paddock Holdings, LLC, and Par Pharmaceutical Companies, Inc. The Plaintiffs claim that the Defendants, in underlying patent lawsuits, entered into unlawful, anti-competitive "reverse-...
OPINION AND ORDER THOMAS W. THRASH, Jr. , District Judge . This is a products liability action involving allegedly defective roofing shingles. It is before the Court on the parties' letter briefs regarding the timing of Daubert type challenges to the Plaintiffs' expert opinions in the context of the class certification briefing which begins on December 30, 2015. Both sides rely upon unpublished Eleventh Circuit cases to support their positions. The Plaintiffs rely upon Drayton v....
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on Plaintiff John Hancock Life Insurance Company's ("Plaintiff") Renewed Motion for Preliminary Injunction [25] ("Renewed Motion"). I. BACKGROUND On August 1, 1984, Mr. Andrews entered into an annuity contract (the "Annuity Contract") with Manufacturers Life Insurance Company ("ManuLife"). (11.1] at 1). Under the Annuity Contract, ManuLife agreed to pay Mr. Andrews $200,000 a year for thirty (30)...
OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on Magistrate Judge Alan J. Baverman's Final Report and Recommendation [29] ("R&R"), recommending Defendant City of Atlanta Fire Department's ("Defendant") Motion for Summary Judgment [24] be granted. I. BACKGROUND A. Facts 1 Plaintiff proceeds pro se in this matter. In her complaint [2], Plaintiff states that she worked as a firefighter for the City of Atlanta Fire Department for fifteen...
ORDER MOTION TO VACATE 28 U.S.C. 2255 ORINDA D. EVANS , District Judge . This matter is currently before the Court on Nemias Cintora-Gonzalez's objections [Doc. 356] to the Final Report and Recommendation ("R&R") issued by Magistrate Judge Russell G. Vineyard [Doc. 345], which recommends that Cintora-Gonzalez's 28 U.S.C. 2255 motion be denied. In reviewing a Magistrate Judge's Report and Recommendation, the district court "shall make a de novo determination of those portions of the...
FINAL REPORT AND RECOMMENDATION MOTION TO VACATE 28 U.S.C. 2255 RUSSELL G. VINEYARD , Magistrate Judge . This matter has been submitted to the undersigned Magistrate Judge for consideration of Nemias Cintora-Gonzalez's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255, [Doc. 318], the government's response, [Doc. 323], and Cintora-Gonzalez's traverse, [Doc. 340]. For the reasons that follow, it is RECOMMENDED that Cintora-Gonzalez's 2255 motion be...
ORDER ELEANOR L. ROSS , District Judge . This matter is before the Court for consideration of Magistrate Judge Janet F. King's Report and Recommendation ("R&R") (Doc. 33). Importantly, Judge King recommends that Defendant's motion to suppress (Doc. 23) and supplemental motion to suppress (Doc. 29) be denied and declares the case is Ready for Trial. In the time period allotted for the parties to object to the R&R, Defendant, by and through counsel, filed objections (Doc. 37) to the R&R. For...
