MEMORANDUM AND ORDER TERESA J. JAMES , Magistrate Judge . This matter is before the Court on the Motion for Protective Order Regarding Intervenor-Plaintiffs' Third Notices of Video Deposition Duces Tecum of Corporate Designee(s) (ECF No. 237) ("Motion for Protective Order") filed by Plaintiffs National Railroad Passenger Corporation ("Amtrak") and BNSF Railway Company ("BNSF") (jointly "Railroad Plaintiffs"). As set forth below, the motion is granted in part and denied in part. I. FACTS...
MEMORANDUM AND ORDER GWYNNE E. BIRZER , Magistrate Judge . This matter is before the Court on the State Defendants' Motion to Stay Discovery on the Basis of Qualified Immunity ( ECF No. 137 ). On December 14, 2017, the Court held an in-person hearing to discuss the pending motion. Plaintiff John Paul Odhuno appeared through counsel, Edward Keeley and Katy Tompkins. Defendants Reed's Cove Health and Rehabilitation, LLC, and Axiom Healthcare Services, LLC appeared through counsel, Forrest...
ORDER SAM A. CROW , Senior District Judge . This matter is before the Court on Plaintiff's Motion for Order Directing Defendants to Release Plaintiff's Funds from Forced Savings Account for Payment of Appellate Filing Fees (Doc. #30). Plaintiff states that he submitted a request to his Unit Team Counselor on December 18, 2017, asking that $505.00 be withdrawn from his forced savings account for the payment of his appellate filing fee. According to Plaintiff, as of December 27, 2017, the...
MEMORANDUM AND ORDER SAM A. CROW , Senior District Judge . This matter is a civil rights action filed under 42 U.S.C. 1983. The matter comes before the court on the defendants' motion to dismiss for failure to state a claim (Doc. #23). Plaintiff has filed no response. Accordingly, the Court decides this matter as an uncontested motion. See D. Kan. R. 7.4(b). Background KVC is a private, non-profit Kansas corporation licensed by the Kansas Department for Children and Families as a...
ORDER K. GARY SEBELIUS , Magistrate Judge . Plaintiff filed this action on December 18, 2015, naming multiple defendants including Defendant Green. The court granted plaintiff's motion for leave to proceed in forma pauperis and directed that the U.S. Marshals Service (USMS) attempt to serve Mr. Green at Larned Correctional Mental Health Facility, where Mr. Green had previously been employed. The waiver of summons was returned to the court, and writing on the return envelope states that...
ORDER K. GARY SEBELIUS , Magistrate Judge . This matter comes before the court upon plaintiff's Motion for Leave to Amend First Amended Complaint (ECF No. 13). For the following reasons, this motion is granted. Plaintiff filed this motion on December 11, 2017. Defendants have failed to file a timely response. Local Rule 7.4(b) provides that "[a]bsent a showing of excusable neglect, a party or attorney who fails to file a responsive brief or memorandum within the time specified . . ....
MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . This matter comes before the court on plaintiff hibu, Inc.'s motion to exclude defendant Chad Peck's expert Rodney Sowards pursuant to Federal Rule of Evidence 702 (Dkt. 284). Plaintiff claims that certain opinions of Sowards's are not supported by sound accounting principles or accepted scientific methods, are outside Sowards's expertise, and/or are based on insufficient data or incorrect facts. For the reasons stated below,...
MEMORANDUM AND ORDER J. THOMAS MARTEN , District Judge . On June 12, 2015, DEA Special Agent Gregory Anderson applied for a search warrant targeting 11924 East Lewis, Wichita, Kansas, the residence of Daniel Nicholson. In support of the warrant, Anderson submitted a 24-page affidavit reporting the results of a joint investigation by the DEA, the ATF, the Kansas Bureau of Investigation, the Wichita Police Department, the Sedgwick County Sheriff's Office, and the Texas Rangers into alleged...
MEMORANDUM AND ORDER JULIE A. ROBINSON , Chief District Judge . Plaintiff brings this action against the State of Kansas by and through the Department of Labor, alleging claims of discrimination and retaliation in violation of the Rehabilitation Act, 29 U.S.C. 794. This matter comes before the Court on Defendants' Motion to Dismiss (Doc. 8), Plaintiff's Motion for Leave to File Surreply Memorandum (Doc. 20), and Defendants' Motion to Strike Surreply (Doc. 23). The motions are fully...
MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . On April 7, 2017, Topeka Police Department Officers William Davenport and David Ibarra stopped Mark A. Richardson on suspicion that the van driven by Mr. Richardson was displaying an illegal license plate. After Officer Ibarra saw a firearm next to Mr. Richardson, the officers asked Mr. Richardson to step out of the van. Mr. Richardson did not comply immediately and the officers arrested him for interfering with a law enforcement...
MEMORANDUM AND ORDER JULIE A. ROBINSON , Chief District Judge . Plaintiff Monica Green brings this action pro se and in forma pauperis, alleging civil rights violations against Defendants Kansas Department for Children and Families ("DCF"), and DCF employees Jenni Butcher and Dalisha Marshall. Plaintiff claims Defendants violated her Fourth and Fourteenth Amendment rights. The Complaint contains no factual allegations, but Plaintiff attached to the Complaint a document she submitted...
MEMORANDUM AND ORDER JULIE A. ROBINSON , Chief District Judge . Plaintiffs Gene Hirt and Eric Clark, proceeding pro se, bring this action against Defendants Unified School District No. 287 and Superintendent Jerry Turner, in his individual capacity, 1 seeking injunctive, declaratory, and monetary relief (1) pursuant to 42 U.S.C. 1983 for Defendants' alleged violation of their rights under the First, Fifth, and Fourteenth Amendments, and (2) for Defendants' alleged violation of the...
MEMORANDUM AND ORDER GERALD L. RUSHFELT , Magistrate Judge . Before the Court is Plaintiff's Motion to Stay Consideration of Defendant McLarty NLRVW, LLC's Motion to Compel Arbitration [Doc. 6] and Compel Expedited Discovery. 1 Specifically, Plaintiff requests the Court enter an order to stay consideration of Defendant McLarty's Motion to Compel Arbitration and compel Defendant McLarty to produce a complete copy of all documents signed by Plaintiff. For the reasons set forth below, the...
MEMORANDUM AND ORDER ERIC F. MELGREN , District Judge . Plaintiff Jessica Kelly seeks review of a final decision by Defendant, the Commissioner of Social Security ("Commissioner"), denying her application for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act ("the Act"). Kelly alleges that the administrative law judge ("ALJ") erred in assessing her residual functioning capacity ("RFC") and in failing to properly assess her...
MEMORANDUM AND ORDER AND ORDER TO SHOW CAUSE SAM A. CROW , Senior District Judge . Plaintiff Anthony Jefferson, is hereby required to show good cause, in writing, to the Honorable Sam A. Crow, United States District Judge, why his claims against Defendant Aramark Correctional Services should not be dismissed due to the deficiencies in Plaintiff's Complaint that are discussed herein. The Court finds that proper processing of Plaintiff's claims against the remaining Defendants cannot be...
MEMORANDUM AND ORDER SAM A. CROW , Senior District Judge . This case comes before the court on the plaintiffs' motion for review (ECF# 509) of the magistrate judge's order (ECF# 503) filed October 30, 2017. This order denied the plaintiffs' motion which had asked for the defendant Citigroup, Inc.'s ("Citigroup's") designated corporate representative to be found unprepared for the Fed. R. Civ. P. 30(b)(6) deposition that occurred on June 13, 2017. In seeking review, the plaintiffs argue the...
MEMORANDUM & ORDER CARLOS MURGUIA , District Judge . Plaintiff Mary Somrak brings this suit against defendant Kroger Co. ("Kroger") for negligence after she slipped and fell in a Dillon's grocery store. This case is before the court on defendant's Motion to Dismiss (Doc. 5) for lack of subject matter jurisdiction. Defendant argues that it is not the proper party and should be dismissed. It claims that Dillon Companies, Inc. ("Dillon")—who operates Dillon's grocery stores—is the proper...
MEMORANDUM & ORDER CARLOS MURGUIA , District Judge . Pro se plaintiff Lakesha Bryant filed suit against defendant United States Postal Service for employment discrimination. Defendant filed a Motion to Dismiss on September 21, 2017. (Doc. 9.) To date, plaintiff has not filed a response. The court will therefore consider defendant's motion as uncontested pursuant to D. Kan. Rule 7.4(b). The court, however, cannot grant defendant's motion solely based on plaintiff's failure to respond. See...
ORDER JAMES P. O'HARA , Magistrate Judge . Plaintiff, a former salesman for defendant PrimeRevenue, Inc., filed this action claiming defendants owe him commissions and the value of stock options. Currently before the undersigned U.S. Magistrate Judge, James P. O'Hara, is plaintiff's motion for an extension of time to disclose expert witnesses (ECF No. 48). Also pending is defendants' motion for leave to file an amended answer and counterclaim (ECF No. 49). For the reasons set forth below,...
MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . This matter comes before the court on defendant Butler & Associates, P.A.'s Renewed Motion to Dismiss (Doc. 16). All parties have filed responses and replies. For reasons explained below, the court grants defendant's motion in part and denies it in part. After identifying the governing facts, this order explains why. I. Facts The following facts come from plaintiff's First Amended Complaint 1 (Doc. 15). Because the current...
