JUDGMENT AMUL R. THAPAR , District Judge . Consistent with the Memorandum Opinion and Order entered today, and pursuant to Federal Rule of Civil Procedure 58, it is ORDERED and ADJUDGED that: (1) The United States' renewed motion to dismiss, R. 147, is GRANTED. (2) Worldwide's complaint in the four consolidated cases are DISMISSED. (3) This action is STRICKEN from the Court's active docket. (4) All other pending motions are DENIED AS MOOT, and all scheduled hearings are...
MEMORANDUM OPINION AND ORDER AMUL R. THAPAR , District Judge . As anyone who does their own taxes knows, it is largely an exercise in checking boxes. In this case, Worldwide Equipment, a truck dealer, paid an excise tax on sales of severe duty trucks. See 26 U.S.C. 4051(a)(1)-(2). Later, Worldwide sought refunds from the IRS on the theory that one of its truck models was specially designed for off-road use and so exempt from the tax. See id. 7701(a)(48)(A). The IRS denied the...
REPORT AND RECOMMENDATION CANDACE J. SMITH , Magistrate Judge . On November 9, 2016, this matter came before the Court for a Final Revocation Hearing on the United States Probation Office's Report that Defendant Lawrence Haslon had violated conditions of his supervised release. Defendant was present in Court and represented by Edward L. Metzger, III, and the Government was represented by Assistant United States Attorney (AUSA) Laura K. Voorhees. The proceeding was electronically recorded...
REPORT AND RECOMMENDATION J. GREGORY WEHRMAN , Magistrate Judge . Plaintiff, Douglas M. Hodge, who is proceeding pro se, filed this prisoner civil rights action on June 17, 2015 against various officials at the Harlan County Detention Center. On May 20, 2016 Judge Gregory VanTatenhove dismissed all claims against defendants B.J. Burkhart, Dan Howard, and Derek Moore. The only remaining claim is Hodge's Eighth Amendment claims alleging the use of excessive force and the failure to stop the...
ORDER GREGORY F. VAN TATENHOVE , District Judge . This matter is before the Court on the Recommended Disposition ("R&R") of United States Magistrate Judge Hanly A. Ingram [R. 54] filed herein on November 29, 2016. The Defendant, Christopher Bryant, was charged with two violations of his Supervised Release after a urine specimen tested positive for Oxymorphone. [ Id. at 1.] Bryant first violated the terms of his supervised release in June 2014. [ Id. ] At that time, the Court granted the...
RECOMMENDED DISPOSITION HANLY A. INGRAM , Magistrate Judge . On referral from District Judge Van Tatenhove, the Court considers reported violations of supervised release conditions by Defendant Christopher Bryant. This is Defendant's second revocation. District Judge Van Tatenhove entered a judgment against Defendant in May 2012 following a guilty plea to violating 18 U.S.C. 922(g)(1), felon in possession of a firearm. Defendant received a sentence of thirty-three months imprisonment...
ORDER GREGORY F. VAN TATENHOVE , District Judge . This matter is before the Court on the most recent Recommended Disposition filed by United States Magistrate Judge Hanly A. Ingram. [R. 666.] In October 2016, the Court considered a Recommended Disposition of Judge Ingram regarding Defendant Kristi Rae Davis's supervised release violation. Based on that violation and Judge Ingram's recommendation, the Court revoked Davis's first term of supervised release and imposed a three week period of...
ORDER GREGORY F. VAN TATENHOVE , District Judge . This matter is before the Court on the Recommended Disposition filed by United States Magistrate Judge Hanly A. Ingram. [R. 316.] Defendant Christopher Lee Carter's lengthy history of supervised release violations is detailed in Judge Ingram's Recommended Disposition, but, most recently, Mr. Carter has been charged with one violation based on his possession of a handgun in violation of KRS 527.040. At a final revocation hearing before...
MEMORANDUM OPINION AND ORDER AMUL R. THAPAR , District Judge . Science, like life, knows few certainties. So doctors who wish to offer expert testimony at trial "need not be purveyors of ultimate truth in order to be allowed on the stand." Jahn v. Equine Servs., PSC, 233 F.3d 382 , 393 (6th Cir. 2000). But before they may share their opinions with a jury, the Court must be convinced that the doctors' qualifications are in order and that their testimony is relevant and reliable. Fed. R....
ORDER GREGORY F. VAN TATENHOVE , District Judge . This matter is before the Court on the Recommended Disposition ("R&R") [R. 349] filed in the Record by United States Magistrate Judge Hanly A. Ingram on November 16, 2016. The Magistrate's Recommended Disposition was requested following the revocation of James Thomas Woods' supervised release and the issuance of a warrant by this Court. [R. 344.] Initially, on November 25, 2014, Mr. Woods was sentenced to 37 months of imprisonment followed...
MEMORANDUM OPINION AND ORDER ROBERT E. WIER , District Judge . BancTec, Inc. (BancTec), moved for leave to file an amended answer (to include counterclaims) due to allegedly newly discovered evidence. DE ##49, 50. First Technology Capital, Inc. (FTC), responded in opposition. DE #61. BancTec replied. DE #62. Following the briefing close, FTC separately moved for leave to file a surreply to BancTec's reply in support of its motion for leave to file an amended answer. DE #63. BancTec...
MEMORANDUM OPINION & ORDER Gregory F. Van Tatenhove , United States District Judge . Federal Rule of Evidence 404(b) allows evidence of a criminal defendant's prior bad acts to be introduced for purposes other than proving a person's character and his propensity to act in accordance with that character. In this case, the Government and Defendants dispute whether certain evidence is admissible under that rule. While the Government claims the noticed evidence is relevant to proving...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD , Senior District Judge . Both matters are before this Court upon the Acting Commissioner's Motions for Summary Judgment [DEs 12, 13]. Plaintiffs having filed Responses in Opposition [DEs 20, 16], and the Acting Commissioner having submitted Replies [DEs 21, 19], 1 these Motions are now ripe for the Court's review. Because there are no disputes regarding the material facts, and because resolution of the legal issues favor the defendant, for all...
MEMORANDUM OPINION AND ORDER AMUL R. THAPAR , District Judge . Samuel Fields sits on Kentucky's death row, convicted of murdering a woman named Bess Horton. For twenty years, he has fought that conviction in the state and federal courts. The fight has included a habeas petition stating numerous grounds for relief, all of which this Court denied. R. 68. Fields now submits three more briefs, asking the Court to (1) order the government to pay for his expert witnesses, R. 62, (2) allow him to...
ORDER GREGORY F. VAN TATENHOVE , District Judge . This matter is before the Court on the Recommendation of Acceptance of Guilty Plea filed by United States Magistrate Judge Hanly A. Ingram. [R. 22.] The recommendation instructed the parties to file any specific written objections within three days after being served with the decision, or else waive the right to further review. [ See id. at 3.] Neither party has objected and the time to do so has now passed. Upon review, the Court is...
OPINION AND ORDER KAREN K. CALDWELL , Chief District Judge . This matter is before the Court on the plaintiff's motion (DE 8) requesting that the undersigned recuse from this matter. For the following reasons, the motion will be denied. The undersigned's stepson is employed as a non-equity partner at the Frankfort, Kentucky office of Dinsmore & Shohl, LLP. He is not, however, involved in this particular action. Catherine Wright and Travers Manley, who work at the firm's Lexington,...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . This matter is pending for consideration of Defendant Robert Shields' motion to suppress certain incriminating statements to law enforcement officers. [Record No. 33] The motion was referred to United States Magistrate Judge Robert Wier for review and issuance of a report and recommendations pursuant to 28 U.S.C. 636(b)(1)(B). An evidentiary hearing was held on November 18, 2016. [Record No. 45] On November 29, 2016,...
RECOMMENDED DISPOSITION ROBERT E. WIER , Magistrate Judge . Defendant, Robert Lee Shields, by counsel, moved to suppress all statements he made to law enforcement on the date of his arrest, August 26, 2016, and on the date of his transport by law enforcement from Campbell County to Fayette County, August 29, 2016. DE #33 (Motion to Suppress). The United States responded in opposition. DE #38 (Response). The Court held an evidentiary hearing on November 18, 2016. DE #45 (Minute Entry). The...
MEMORANDUM OPINION AND ORDER AMUL R. THAPAR , District Judge . "Just trust us: We're the government." That's not something you are supposed to hear every day. For good reasons, the Constitution limits the government's freedom to act simply on trust. One reason is that withholding this freedom from the government protects the freedom of its citizens. Alexander Hamilton, a founding father before he was a Broadway star, put the point this way: "To bereave a man of life . . . or by violence to...
ORDER GREGORY F. VAN TATENHOVE , District Judge . This matter is before the Court on the Recommendation of Acceptance of Guilty Plea filed by United States Magistrate Judge Hanly A. Ingram. [R. 19.] The recommendation instructed the parties to file any specific written objections within three days after being served with the decision, or else waive the right to further review. [ See id. at 3.] Neither party has objected, and the time to do so has now passed. Upon review, the Court is...
