MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. Some five and a half years after his sentencing, Petitioner has moved to vacate the final judgment where he had pled guilty to an aggravated felony. His motion is based upon not being informed that his guilty plea would have negative consequences to his immigration status and the recent Supreme Court decision in Padilla v. Kentucky, 130 S.Ct. 1473 (2010), holding that failure to provide such information could constitute...
MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. Plaintiff, Cathy Zion, filed this federal tort action against the United States, the United States General Services Administration (collectively, "GSA"), and United States government employees after she was injured at a federal government office building. The United States substituted itself for the two government employees as the proper party liable pursuant to the Federal Tort Claims Act, 28 U.S.C. 1346(b), 2671-2680 ("...
MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. Plaintiffs, Ronna and John Dalton (collectively "the Daltons"), brought this diversity action against Animas Corporation, alleging various tort and contract claims, as well as Kentucky statutory violations. This action arises from injuries Mrs. Dalton suffered when the Animas infusion pump she used somehow dispensed an overdose of insulin. The circumstances of the injurious overdose are disputed. Nevertheless, Defendant has...
MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN II, District Judge. This matter is before the Court on appeal from a June 7, 2012 Order of Judge Thomas H. Fulton of the United States Bankruptcy Court for the Western District of Kentucky (the "Order"). Appellant, United States Department of Agriculture, Rural Housing Services ("USDA RHS"), seeks review of the Bankruptcy Court's decision granting summary judgment in favor of Appellees, Kenneth A. Riley and Sheila E. Riley (collectively, the "...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., Chief Judge. This matter is before the Court on a motion by Defendant, Patrick R. Donahoe, Postmaster General, United States Postal Service ("USPS"), for summary judgment [DN 17]. Fully briefed, this matter is ripe for decision. I. STANDARD OF REVIEW Before the Court may grant a motion for summary judgment, it must find that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of...
MEMORANDUM OPINION THOMAS B. RUSELL, Senior District Judge. This matter is before the Court upon Defendants Liberty Bell Agency, Inc. and National Union Fire Insurance Company of Pittsburgh, Pennsylvania's Motions for Summary Judgment. (Docket Nos. 21 & 22.) Plaintiff Anita Gale has responded, (Docket No. 23), and Defendants have replied, (Docket No. 26). The Court also granted Defendants leave to file a supplemental brief in support of their Motions, which they did, (Docket No. 29), and to...
MEMORANDUM OPINION THOMAS B. RUSSELL, Senior District Judge. This matter is before the Court upon Petitioner Questar Capital Corporation's "Petition to Vacate Arbitration Award," (Docket No. 1); Respondent Thomas J. Gorter's "Combined Motion to Dismiss and/or for Summary Judgment on Questar Capital Corporation's Petition to Vacate and Motion to Confirm Arbitration Award," (Docket No. 11); Respondent Gorter's "Motion to Dismiss Questar Capital Corporation's Improper `Petition' to Vacate...
MEMORANDUM OPINION CHARLES R. SIMPSON, III, District Judge. This matter is before the court for consideration of the following motions: 1. Petitioner of Regional Director Gary W. Muffley ("Director") for interim injunctive relief pending the outcome of proceedings before the National Labor Relations Board ("NLRB") (DN 1) in conjunction with the Director's amendment to the petition for interim injunctive relief (DN 7). 2. Motion of the Director for the court to hear the petition on the...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., Chief Judge. This matter is before the Court upon an appeal from Bankruptcy Court. The Appellant argues that the Bankruptcy Court erred when it granted Great American Insurance Company's motion for summary judgment. Fully briefed, this matter is ripe for decision. For the following reasons, the Court AFFIRMS the decision of the Bankruptcy Court. I. BACKGROUND Great American Insurance Company ("GAIC") provides performance and payment...
MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN II, District Judge. Plaintiff brought this lawsuit to recover the cost of her nursing care under her long-term care insurance policy issued by Transamerica Occidental Life Insurance Company ("Transamerica"). Presently before the Court are Plaintiff's Motion for Partial Summary Judgment on this issue and Defendant's Motion for Summary Judgment on all of Plaintiff's claims. Both motions are fully briefed and the Court will analyze them below. The...
MEMORANDUM OPINION & ORDER THOMAS B. RUSSELL, Senior District Judge. This matter is before the Court upon Defendants' motion to dismiss Plaintiff's amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(2) and 12(b)(6). Plaintiff has additionally filed a motion for a hearing on Defendants' motion to dismiss (DN 20). These matters are fully briefed and are ripe for adjudication. For the following reasons, Plaintiff's motion for a hearing (DN 20) is DENIED and Defendants' motion...
MEMORANDUM OPINION JOHN G. HEYBURN, II, for District Judge. Kentucky, like all states, extensively regulates the sale of alcoholic beverages within its borders. As part of this alcohol control scheme, Ky.Rev.Stat. 243.230(5) and its accompanying regulation, 804 Ky. Admin. Regs. 4:270 (1982) (hereinafter sometimes referred to collectively as the "Statute"), bar grocery stores and convenience store operators, such as members of the Food With Wine Coalition (the "FWWC") and Maxwell's Pic-Pac (...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, Jr., District Judge. This matter is before the Court on a motion by the Plaintiffs, William Whitlock, David Skyrm, Michael Brown, Holly Goodman, Kristin Moore, and Gary Muncy, for class certification pursuant to the Federal Rules of Civil Procedure 23(a) and 23(b)(1) and (3) [DN 71]. Fully briefed, this matter is ripe for decision. I. BACKGROUND Plaintiffs, William Whitlock, David Skyrm, Michael Brown, Holly Goodman, Kristin Moore, and Gary...
MEMORANDUM OPINION CHARLES R. SIMPSON, III, District Judge. This matter is before the court on the motion of the defendant, Jewish Hospital and St. Mary's Healthcare, Inc. ("JHSMH") for summary judgment (DN 26). For the following reasons, that motion will be granted. BACKGROUND Plaintiff Donna Marbrey brought this action against JHSMH for alleged violations of the Family and Medical Leave Act ("FMLA"). The parties have submitted to the court evidence showing the following: Marbrey was...
MEMORANDUM AND ORDER THOMAS B. RUSSELL, Senior District Judge. Defendant Lorne Lynn Armstrong filed a pro se letter (DN 71), which the Court construed as a motion to amend or clarify previous judgment. The United States filed a response (DN 72), and Armstrong filed a reply (DN 74). Review of the record reveals that Armstrong's Judgment and Commitment was signed on July 3, 2008 1 (DN 19). He was sentenced to a total term of 60 months as to Count I of the Indictment. Subsequently,...
MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. Plaintiff, Keith M. Foster, brought this action for declaratory judgment against Defendants, SLM Financial Corporation d/b/a Sallie Mae Bank UT ("Sallie Mae") and Galen Health Institutes, Inc. d/b/a Galen College of Nursing ("Galen"). The matter is now before the Court on Sallie Mae's motion to transfer for the convenience of the parties and witnesses. After a conference to discuss the issues and for the following reasons, the...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, District Judge. This matter is before the Court on Defendants Specialty Entrance Technologies, LLC and Besam US, Inc.'s Motions for Summary Judgment [DN 64 and 68]. Fully briefed, this matter is ripe for decision. For the following reasons, the Court DENIES Defendant Specialty Entrance's Motion for Summary Judgment and GRANTS the Defendant Besam U.S. Inc.'s Motions for Summary Judgment. I. STANDARD OF REVIEW Before the Court may grant a...
MEMORANDUM OPINION CHARLES R. SIMPSON, III, District Judge. This matter is before the court on motion of the defendant, Federal Express Corporation ("Defendant"), for summary judgment pursuant to Fed. R. Civ. P. 56 on the Title VII, 42 U.S.C. 2000e, et seq. claim by the plaintiff, Johnnie M. Holt ("Plaintiff"). (DN 26). For the reasons set forth below, the motion will be granted. Plaintiff filed this action alleging retaliation in violation of Title VII, 42 U.S.C. 2000e, stemming from...
MEMORANDUM OPINION THOMAS B. RUSSELL, District Judge. This matter is before the Court upon Plaintiffs' motion to remand (DN 8). Defendant RSUI Indemnity Company has responded (DN 9), Plaintiffs have replied (DN 10), and Defendant RSUI Indemnity Company has filed a surreply (DN 13). This matter is fully briefed and is now ripe for adjudication. For the following reasons, Plaintiffs' motion is GRANTED. This case will be remanded to Christian County Circuit Court. BACKGROUND On February 3,...
MEMORANDUM AND ORDER THOMAS B. RUSSELL, District Judge. This matter is before the Court on two motions to compel filed by Plaintiff Joe A. Browder, Jr., seeking discovery from Defendants Belt, Dunlap, Edmonds, Knight, Rapien, and Hiland. A. Motion to compel production of contracts and complaint letters (DN 96) Plaintiff filed a "supplement to discovery status report; notice of subversion and refusal to comply with discovery requests by Defendants Dunlap, Knight, Belt, Hiland, Edmonds, and...
