MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . Plaintiff Rezac Livestock Commission Co., Inc., asserts claims against defendants Dinsdale Bros., Inc., ("Dinsdale") and Pinnacle Bank ("Pinnacle") arising from a cattle sale gone wrong. The alleged facts underlying plaintiff's claims are briefly summarized as follows: Plaintiff sold cattle at an auction to Charles Leonard. Mr. Leonard wrote a check to plaintiff. Mr. Leonard sold those cattle to Dinsdale. And, Dinsdale wired funds...
REPORT AND RECOMMENDATION TERESA J. JAMES , Magistrate Judge . NOTICE Within fourteen (14) days after being served with a copy of this Report and Recommendation, any party, pursuant to 28 U.S.C. 636(b)(1) and Fed. R. Civ. P. 72(b)(2), may file written objections to this Report and Recommendation. A party must file any objections within the fourteen-day period if that party wants to have appellate review of the proposed findings of fact, conclusions of law, or recommended disposition....
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM , District Judge . Plaintiff seeks review of a decision of the Commissioner of Social Security denying Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) benefits pursuant to sections 216(i), 223, 1602, and 1614(a) of the Social Security Act, 42 U.S.C. 416(i), 423, 1381a, and 1382c(a) (hereinafter the Act). Finding no error in the Administrative Law Judge's (ALJ) decision, the court ORDERS that judgment shall be entered...
MEMORANDUM AND ORDER HOLLY L. TEETER , District Judge . Plaintiff Kenneth Williams sued his former employer, Defendant CoreCivic, Inc., for race discrimination and harassment under 42 U.S.C. 1981, and retaliation under Kansas common law and the False Claims Act. His claims arise from his termination in January 2017. CoreCivic moves for summary judgment on all claims. Doc. 112. As discussed below, the Court finds that Williams has not demonstrated that the employment actions he...
MEMORANDUM AND ORDER SAM A. CROW , Senior District Judge . The plaintiffs, Qinghua Zhang and Steven Craig Heiland, have filed a pro se employment discrimination complaint alleging discriminatory termination and retaliation in violation of Title VII of the Civil Rights Act 1964, 42 U.S.C. 20003, et seq., against their former employer, Federal Home Loan Bank of Topeka ("FHLB"), and against four individual defendants, Mark E. Yardley, Patrick Doran, Amanda Kiefer, and Michael Surface....
MEMORANDUM AND ORDER ANGEL D. MITCHELL , Magistrate Judge . This matter comes before the court on plaintiff Teresa Wisneski's response to the court's November 15, 2019 order to show cause and motion for leave to file an amended complaint. (ECF No. 19.) For the reasons discussed below, Ms. Wisneski's motion is granted and her amended complaint shall be deemed filed. I. BACKGROUND On August 29, 2019, Ms. Wisneski filed a complaint asserting claims under the Fair Labor Standards Act ("FLSA"...
ORDER JAMES P. O'HARA , Magistrate Judge . Defendant Virgil Brewer has filed a motion for a protective order staying his deposition and any discovery directed to him in the civil case until his pending criminal case is concluded by acquittal or sentencing (ECF No. 71). The plaintiff, Kristina Myers, opposes the motion and asks the court to allow all discovery to proceed. For the reasons discussed below, the undersigned U.S. Magistrate Judge, James P. O'Hara, grants defendant's motion, but...
ORDER JAMES P. O'HARA , Magistrate Judge . This matter comes before the court on the motion of Midwest Division — OPRMC, LLC ("OPRMC") to quash a subpoena served by defendant (ECF No. 17). The motion is denied because it has been filed in the wrong court. Under Fed. R. Civ. P. 45(d)(3)(A), a motion to quash a subpoena must be filed in "the district where compliance is required." 1 Although the subpoena is not attached to the motion at issue, the docket reflects two notices of an...
MEMORANDUM AND ORDER ANGEL D. MITCHELL , Magistrate Judge . This matter comes before the court on Plaintiff's Motion for Leave to Amend the Complaint to Join Parties (ECF No. 104). Plaintiff Ad Astra Recovery Service, Inc. ("Ad Astra") seeks leave to file an amended complaint that adds corporate defendant entities related to some of the existing defendants as well as those entities' chief executive officer. Defendants oppose the motion on the grounds that it is untimely under the...
MEMORANDUM AND ORDER KATHRYN H. VRATIL , District Judge . On June 22, 2010, the Court sentenced defendant to a controlling term of 188 months in prison. See Judgment In A Criminal Case (Doc. #894). This matter is before the Court on defendant's pro se Motion To Reconsider Court's Order Based On Defense Attorney's Failure To Notify Defendant And File A Response On His Behalf As Requested By The Court (Doc. #1309) filed October 21, 2019. For reasons stated below, the Court overrules...
MEMORANDUM AND ORDER ERIC F. MELGREN , District Judge . Before the Court is Plaintiff 3-B Cattle Company, Inc.'s Motion for Partial Summary Judgment Against Defendants (Doc. 41). 3-B brought this action to enforce an oral settlement contract it allegedly entered into with the Morgans. 3-B now moves for partial summary judgment on its breach-of-contract claim. For the reasons stated below, the Court denies in part and grants in part 3-B's motion for summary judgment. I. Factual and...
MEMORANDUM AND ORDER ERIC F. MELGREN , District Judge . In 2017, Tarah Nietfeld pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking crime, for which this Court sentenced her to a prison term of 90 months. This matter comes before the Court on Nietfeld's Motion collaterally attacking that sentence. For the reasons explained below, the Court denies Nietfeld's Motion to Vacate under 28 U.S.C. 2255 (Doc. 104). Furthermore, the Court denies the Motion...
ORDER TO SHOW CAUSE SAM A. CROW , Senior District Judge . Plaintiff filed this action on July 26, 2019, in the District Court of Riley County, Kansas, as a "Petition Pursuant to K.S.A. Chapter 60." (Doc. 1-1, at 1.) Plaintiff alleges that attorney-client work product was not returned to him as prescribed by K.S.A. 60-226(b)(7)(B). Id. The matter was removed to this Court on September 19, 2019, pursuant to 28 U.S.C. 1441 and 1446, and D. Kan. Rule 81.1. On November 19, 2019, the...
ORDER JAMES P. O'HARA , Magistrate Judge . On December 17, 2019, the court entered an order (ECF No. 5) instructing plaintiff to show cause why the case should not be dismissed as to defendant Dot's Pretzels, LLC, for failure to serve process within the 90-day period required by Fed. R. Civ. P. 4(m). On December 20, 2019, plaintiff responded (ECF No. 6) to explain there was an internal miscommunication among counsel and plaintiff mistakenly believed Dot's Pretzels, LLC had responded to...
MEMORANDUM AND ORDER JULIE A. ROBINSON , District Judge . This matter is before the Court on Plaintiff Assessment Technologies Institute, LLC's ("ATI") Motion for Preliminary Injunction (Doc. 13) and Defendant Cathy Parkes ("Parkes") Motion to Strike or Alternatively Motion for Leave to File a Surreply (Doc 44). ATI seeks to enjoin Parkes from continuing to sell nursing-education study cards and placing nursing-education videos on YouTube or elsewhere that infringe on ATI's copyrights and/...
AGREED PROTECTIVE ORDER JAMES P. O'HARA , Magistrate Judge . This is an employment case involving alleged violations of the Americans with Disabilities Act, 42 U.S.C. 12101, et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq.; 42 U.S.C. 1981; the Kansas Act Against Discrimination; and the Family Medical Leave Act, by Plaintiff Susan Norwood ("Plaintiff") against Defendant UPS ("Defendant") and together with Plaintiff ("the Parties"). For the reasons set...
MEMORANDUM AND ORDER DANIEL D. CRABTREE , District Judge . Plaintiff Rezac Livestock Commission Co., Inc., asserts claims against defendants Dinsdale Bros., Inc., ("Dinsdale") and Pinnacle Bank ("Pinnacle") arising from a cattle sale gone wrong. The alleged facts underlying plaintiff's claims are briefly summarized as follows: Plaintiff sold cattle at an auction to Charles Leonard. Mr. Leonard wrote a check to plaintiff. Mr. Leonard sold those cattle to Dinsdale. And, Dinsdale wired funds...
MEMORANDUM AND ORDER CARLOS MURGUIA , District Judge . Plaintiff Universal Underwriters Insurance Company brings this declaratory judgment action, asking the court to declare that it has no duty to defend or indemnify defendant The Estate of Wendell Hicks, III for claims and damages in two underlying state court cases (which have been consolidated and will be treated as one) against The Estate of Hicks. In the consolidated state court case, the facts involve a high-speed car chase ending...
MEMORANDUM AND ORDER CARLOS MURGUIA , District Judge . Plaintiff Tracy D. Ferren has filed a five-count complaint against his current employer, defendant Westmed, Inc., and its president, defendant Robert J. McKinnon. (Doc. 1.) Plaintiff was hired by McKinnon in 2016 to serve as the National Sales Manager for Westmed, a medical device manufacturer and vendor. In his complaint, plaintiff alleges that defendants retaliated against him unlawfully after he notified the Westmed board of...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM , District Judge . In April 2012, law enforcement officials from the Johnson County, Kansas Sheriff's Office obtained a search warrant to search plaintiffs' home for marijuana. That warrant was issued based on certain facts set forth in an underlying affidavit, including that plaintiff Robert Harte had made a purchase at a local hydroponic store and that wet, vegetative material subsequently obtained from plaintiffs' trash on two occasions field-...
