RECOMMENDED DISPOSITION 1 HANLY A. INGRAM , Magistrate Judge . On September 4, 2018, Defendant Willie J. Rowan, through counsel, filed a sealed motion for a mental examination to determine his competence. D.E. 36. On September 7, Magistrate Judge Smith held a hearing on the sealed motion and found "that further clarification from the Defendant as to the scope of the requested evaluation [wa]s appropriate." D.E. 39. Thus, Magistrate Judge Smith directed defense counsel to file a supplement...
RECOMMENDED DISPOSITION 1 HANLY A. INGRAM , Magistrate Judge . On September 3, 2018, Defendant Edgar Lynn Muse, through counsel, filed a motion for a psychiatric examination. D.E. 20. On September 7, Magistrate Judge Smith conducted a hearing in this matter, per 18 U.S.C. 4241(a). D.E. 22. Based on counsel's representations, and upon her own observations during the hearing, Magistrate Judge Smith found that there was reasonable cause to believe that Defendant may be suffering from a...
JUDGMENT DANNY C. REEVES , District Judge . In accordance with the Memorandum Opinion and Order entered this date, and the Memorandum Opinions and Orders entered June 11, 2018 [Record No. 28] and December 17, 2018 [Record No. 44], and pursuant to Rule 58 of the Federal Rules of Civil Procedure, it is hereby ORDERED and ADJUDGED as follows: 1. Judgment is entered in favor of Defendant Kroger Limited Partnership I with respect to all claims asserted in this civil action by Plaintiff...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . Plaintiff Anthony Adkins alleges that his former employer, Defendant Kroger Limited Partnership I ("Kroger"), discriminated against him because of his disability in violation of the Kentucky Civil Rights Act. Kroger's motion for summary judgment [Record No. 38] will be granted because Adkins has not provided any direct evidence of discrimination and he cannot demonstrate a prima facie case of disability discrimination. Further,...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . Defendant James Shelton previously filed a motion to vacate his sentence pursuant to 28 U.S.C. 2255 [Record No. 71] and a motion for leave to conduct discovery [Record No. 89]. The Court denied these motions on December 10, 2018. [Record Nos. 90, 91] Shelton has now filed a motion to reconsider under Rule 59(e) of the Federal Rules of Civil Procedure [Record No. 94]. Because a final judgment has been entered in the case,...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . This case arises out of the defendant's claim of nursing home neglect. Defendant Donald Skipworth ("Donald") along with his wife, Lillie Skipworth ("Lillie"), filed suit on January 29, 2016, against BLC Lexington SNF, LLC and others in state court, alleging various forms of negligence, violations of long-term care resident's rights, and loss of spousal consortium. [Record No. 1] BLC Lexington SNF, LLC and other state court...
OPINION & ORDER ROBERT E. WIER , District Judge . The Court previously ordered briefing on issues related to subject-matter jurisdiction. See DE #90. Specifically, the Court required clarification concerning the citizenship(s) of the two Defendants: Vorys, Sater, Seymour and Pease, LLP (Vorys), and John Keller. See id. EQT Production Co. (EQT), a citizen of Pennsylvania, DE #1, at 1, summarily responded. See DE #101. Though Defendants had the opportunity to address the issues, see...
ORDER ADOPTING RECOMMENDED DISPOSITION CLARIA HORN BOOM , District Judge . This matter is before the Court on Defendant Jordan Ryan Turner's Sealed Motion to Suppress [R. 26] and a Recommended Disposition prepared by Magistrate Judge Hanly A. Ingram [R. 40]. In the Recommended Disposition, Judge Ingram recommends that defendant's Motion to Suppress be denied. Id. The defendant having filed an Objection to the Recommended Disposition [R. 44], and the United States having responded to the...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . Plaintiff Gray Construction ("Gray") filed a motion to strike the Defendant Envirotech Construction Corporation's ("Envirotech") jury demand. [Record No. 60] This requires the Court to determine whether the jury waiver provision included in the subcontract between Gray and Envirotech is enforceable. The motion to strike Envirotech's jury demand will be granted because the jury waiver provision is severable and reflects the...
MEMORANDUM OPINION AND ORDER WILLIAM O. BERTELSMAN , District Judge . Defendant Daniel Degenhardt has filed a motion for summary judgment upon the claim asserted against him by plaintiff Zachary Foote. 1 [R. 18] Foote filed several documents in response to that motion [R. 20, 22, 23, 23-1, 26, 27] before his deadline to file a formal response expired. See [R. 19] The Court will liberally construe these filings as collectively constituting his response to the motion. The matter is...
MEMORANDUM OPINION & ORDER GREGORY F. VAN TATENHOVE , District Judge . Following a week-long criminal trial, Defendants James Ronald Jones and Tony Britton were found guilty by a jury. Now, both defendants have filed motions for acquittal and motions for a new trial. [R. 514; 515; 516; 517.] Because sufficient evidence supports the jury's verdict and the evidence does not weigh heavily against the jury's verdict, the Court DENIES all four of these motions. I Mr. Jones and Mr. Britton...
MEMORANDUM OPINION & ORDER GREGORY F. VAN TATENHOVE , District Judge . This matter is before the Court on the Defendant's motion for release pending appeal. [R. 191.] Because he has not adequately raised a substantial question of law or fact likely to result in reversal, this motion must be DENIED. See 18 U.S.C. 3143(b). I Dr. Chalhoub was charged in June 2016 with one count of health care fraud pursuant to 18 U.S.C. 1347. [R. 1.] According to the indictment, from March 2007...
OPINION & ORDER ROBERT E. WIER , District Judge . Mustang Aviation, Inc., moved to dismiss Counts 2, 3, and 4 of Plaintiffs' Complaint. DE #9 (Motion). Kamps, Inc., and Kamps Air, LLC (collectively, Kamps), moved to dismiss Mustang's Counterclaim. DE #11 (Motion). The matters are fully briefed, see DE ##10, 12, 16, 17, and ripe for consideration. For the following reasons, the Court GRANTS IN PART and DENIES IN PART Mustang's motion (DE #9) and wholly GRANTS Kamps's (DE #11). The...
ORDER AND OPINION KAREN K. CALDWELL , Chief District Judge . This matter is before the Court on the Defendant's Motion for a Judgment of Acquittal, which he filed pro se. [DE 85.] For the reasons stated below, the Court will not consider his Motion, and accordingly, it is hereby DENIED . The Defendant is currently represented and was represented at trial by Jeffery Darling, who served as the Defendant's appointed counsel under the Criminal Justice Act (CJA). On October 11, 2018, a jury...
ORDER ADOPTING REPORT AND RECOMMENDATION DAVID L. BUNNING , District Judge . This matter is before the Court on Magistrate Judge Candace J. Smith's Report and Recommendation ("R&R) (Doc. # 91), wherein she recommends that Defendant Cameron's Motion to Vacate under 28 U.S.C. 2255 (Docs. # 78 and 81) be denied. No objections having been filed and the time to do so having now expired, the R&R is ripe for the Court's consideration. Having reviewed the Magistrate Judge's thorough R&R, the...
JUDGMENT KAREN K. CALDWELL , Chief District Judge . Consistent with the Memorandum Opinion and Order entered this date and pursuant to Federal Rule of Civil Procedure 58, it is ORDERED and ADJUDGED as follows: 1. Plaintiff Oscar Pina's Complaint [R. 1] is DISMISSED . 2. Judgment is ENTERED in favor of the defendants. 3. This is a FINAL and APPEALABLE Judgment and there is no just cause for delay.
MEMORANDUM OPINION AND ORDER KAREN K. CALDWELL , Chief District Judge . Oscar Pina is a former federal inmate previously confined at the United States Penitentiary — Big Sandy in Inez, Kentucky. Pina filed a pro se civil rights complaint pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971) complaining that officials from the Bureau of Prisons ("BOP") removed him from the Residential Drug Abuse Program ("RDAP") because of his race. [R. 1] The defendants —...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . Plaintiff Larry Bailey has filed a Notice of Appeal [Record No. 50], seeking to challenge the magistrate judge's order concerning the scope of discovery. [Record No. 36]. "The filing of a notice of appeal is an event of jurisdictional significance—it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal." Taylor v. KeyCorp, 680 F.3d...
MEMORANDUM OPINION AND ORDER CLARIA HORN BOOM , District Judge . In August 2018, plaintiff Andre Pendermon was confined at the Clay County Detention Center. Pendermon filed a pro se civil rights complaint pursuant to 42 U.S.C. 1983 complaining that he received inadequate medical care while incarcerated at the Madison County Jail. [R. 1] Construing Pendermon's medical claims as for "deliberate indifference to [his] serious medical needs under the Eighth Amendment," the Court screened...
MEMORANDUM OPINION AND ORDER DANNY C. REEVES , District Judge . The Court previously held that Plaintiff Anthony Adkins did not state a claim for failure to provide a reasonable accommodation and to participate in an interactive process. [Record No. 28] Adkins subsequently filed a motion under Federal Rule of Civil Procedure 60(b)(2), asking the Court to reconsider this determination. [Record No. 34] In support, Adkins asserts he is entitled to relief in light of newly discovered evidence....
