MEMORANDUM OPINION AND ORDER GREG N. STIVERS , District Judge . This matter is before the Court upon a Motion for Summary Judgment (DN 52) by Defendants Smith, Corley, and Lewis, by counsel, and a Cross-Motion for Summary Judgment (DN 69) by Plaintiff, who is proceeding pro se. Fully briefed, these matters are ripe for decision. 1 , 2 For the following reasons, Defendants' Motion for Summary Judgment will be GRANTED and Plaintiff's Cross-Motion for Summary Judgment will be DENIED...
MEMORANDUM OPINION AND ORDER GREG N. STIVERS , District Judge . This matter is before the Court upon Plaintiff's Motion to Amend his complaint (DN 73) and Defendants' Response (DN 79). For the reasons set forth below, the Court will deny Plaintiff's Motion to Amend. I. LEGAL STANDARD Under Fed. R. Civ. P. 15(a)(2), after 21 days of being served, "a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when...
MEMORANDUM OPINION AND ORDER COLIN H. LINDSAY , District Judge . Before the Court is a Motion to Compel (DN 127) filed by Plaintiffs Babcock Power, Inc. and Vogt Power International, Inc. Specifically, plaintiffs seek an order compelling defendant Express Group Holdings, Inc. to respond to their first set of interrogatories and requests for production. Express has filed a response (DN 133). Pursuant to a court order, no replies were allowed. Therefore, this matter is ripe for review. For...
MEMORANDUM OPINION AND ORDER COLIN H. LINDSAY , District Judge . Before the Court is a "Motion to Alter, Vacate, or Amend" ("Motion to Amend") (DN 154) filed by plaintiff Dr. James W. Lillard. Defendant University of Louisville filed a response, and plaintiff filed a reply. Therefore, this matter is ripe for review. For the reasons stated herein, the Motion to Amend is denied. I. BACKGROUND The parties in this matter have been embroiled in a discovery dispute for the past year. ( See...
MEMORANDUM OPINION AND ORDER LANNY KING , Magistrate Judge . Counsel represents former students (Plaintiffs) of Daymar Colleges in three consolidated actions. This matter is before the Court on three unopposed motions filed by Plaintiffs' counsel to withdraw as attorneys of record pursuant to Local Rule 83.6(b) as to those Plaintiffs who failed to keep counsel informed of their current contact information and who died during the pendency of this litigation. 5:11-CV-36, DN 119; 3:11-CV-157,...
MEMORANDUM OPINION AND ORDER GREG N. STIVERS , District Judge . This matter is before the Court on Magistrate Judge Brennenstuhl's Findings of Fact, Conclusions of Law and Recommendation ("R&R") (Findings of Fact, Conclusions of Law and Recommendation, DN 29 [hereinafter R&R]), and Movant C.C.'s ("C.C.") objections thereto (Obj. to R&R, DN 30). For the reasons outlined below, the Court ADOPTS the Magistrate Judge's R&R, OVERRULES C.C.'s objections, and DENIES the Motion for Entry of...
MEMORANDUM OPINION AND ORDER COLIN H. LINDSAY , Magistrate Judge . I. Introduction and Statement of Facts This opinion concerns the proper standard of review to be applied during the review of a plan administrator's denial of benefits under the Employee Retirement Income Security Act of 1974 ("ERISA"). Through her employer, Plaintiff Debbie Hawks ("Plaintiff") is insured under a long term disability insurance policy issued by Defendant Life Insurance Company of North America ("LINA")....
MEMORANDUM OPINION AND ORDER DAVID J. HALE , District Judge . This matter is before the Court for consideration of Plaintiff J & J Sports Production Inc.'s verified claim for damages. (Docket No. 38) The Court entered a default against Defendant Andrea M. Caro for the unauthorized use of communications in violation of 47 U.S.C. 533 and 605, and ordered J & J Sports to submit a verified claim for damages. (D.N. 1, 37) J & J Sports has submitted their claim, which asks for statutory...
MEMORANDUM OPINION THOMAS B. RUSSELL , Senior District Judge . This case involves a class action that arises out of Defendant Zirmed's alleged violation of the Telephone Consumer Protection Act ("TCPA"). Plaintiff Spine and Sports Chiropractic, Inc. ("S&S"), alleges that on November 8, 2012, it received an advertisement, (Docket No. 1-2), via its facsimile machine for various products and services offered by ZirMed. (See Docket No. 34-3). S&S alleges ZirMed had not received permission to...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY Jr. , District Chief Judge . This matter is before the Court on a motion by Defendants to decertify the class [DN 184]. This matter is also before the Court on final approval of the settlement agreement and a motion by Plaintiffs for attorneys' fees [DN 181]. A hearing on the motion to decertify the class was conducted on December 10, 2015, in conjunction with the fairness hearing. Fully briefed, these matters are ripe for decision. I....
MEMORANDUM OPINION DAVID J. HALE , District Judge . This matter is before the Court upon a motion to remand this action to state court by pro se Plaintiff John Simeon (DN 5). Plaintiff's motion is fully briefed and ripe for decision. For the following reasons, Plaintiff's motion is GRANTED. I. BACKGROUND Plaintiff filed a complaint against four Defendants — Kentucky Department of Corrections ("KDOC"), Correct Care Solutions, LLC, Dr. Frederick Kemen ("Kemen"), and Nurse Elaine Smith...
MEMORANDUM OPINION AND ORDER GREG N. STIVERS , District Judge . This matter is before the Court on a Motion to Revoke Detention Order (DN 31) filed by Defendant, John Michael English ("English"). The motion has been fully briefed and is ripe for decision. For the reasons stated below, the motion is DENIED. I. BACKGROUND Defendant was arrested on June 27, 2015 following a traffic stop initiated by the Bowling Green Police Department after a makeshift explosive device was found in...
MEMORANDUM OPINION AND ORDER GREG N. STIVERS , District Judge . This matter is before the Court on Defendant's Motion for Summary Judgment (DN 9), and Defendant's Motion for Summary Judgment on Intervening Plaintiff's Claims (DN 13). For the reasons described below, the Court GRANTS both motions. I. BACKGROUND On October 18, 2014, in Crawford, Indiana, Plaintiff Charles Lechleiter, III ("Lechleiter") and Intervenor Plaintiff Hannah Boyle ("Boyle") (collectively, "Plaintiffs") were...
MEMORANDUM OPINION AND ORDER DAVID J. HALE , District Judge . Plaintiff Edward H. Flint has a long history of filing pro se complaints in this Court against judges and public officials, strangely alleging all manner of misdeeds. The prior lawsuits have been dismissed. Unfortunately, still more are pending. This one follows a now-predictable pattern: it is a complaint against seven current judges and one former judge of the Kentucky Court of Appeals. 1 The complaint is frivolous, baseless,...
MEMORANDUM OPINION AND ORDER CHARLES R. SIMPSON, III , Senior District Judge . This matter is before the court on motion of the plaintiff, Dream Team Entertainment, LLC, for default judgment against defendant, Jayceon "The Game" Taylor, in this action alleging breach of contract and conversion of funds. Taylor was served with summons and a copy of the complaint on January 18, 2015. He failed to appear or answer the complaint. The clerk of court entered default against Taylor on April 23,...
MEMORANDUM OPINION AND ORDER GREG N. STIVERS , District Judge . This matter is before the Court on Plaintiff's Motion for Order Authorizing Service on Individual Defendants in a Foreign Country by E-Mail pursuant to Fed. R. Civ. P. 4(f)(3) (DN 3). For the reasons outlined below, the motion is GRANTED. I. BACKGROUND Plaintiff Securities and Exchange Commission ("SEC") has obtained a judgment in the U.S. District Court for the Southern District of New York in the amount of $5,337,...
MEMORANDUM OPINION AND ORDER GREG N. STIVERS , District Judge . This matter is before the Court on Plaintiff's Motion for Order Authorizing Service on Individual Defendants in a Foreign Country by E-Mail pursuant to Fed. R. Civ. P. 4(f)(3)) (DN 3). For the reasons outlined below, the motion is GRANTED. I. BACKGROUND Plaintiff Securities and Exchange Commission ("SEC") has obtained a judgment in the U.S. District Court for the Southern District of New York in the amount of $5,337,...
MEMORANDUM OPINION AND ORDER GREG N. STIVERS , District Judge . This matter is before the Court on Magistrate Judge Brennenstuhl's Findings of Fact, Conclusions of Law, and Recommendation ("R&R") (Findings of Fact, Conclusions of Law, and Recommendation, DN 16 [hereinafter R&R]), and the objections thereto by Plaintiff Julie Franklin ("Franklin") (Pl.'s Exceptions to the Findings of Fact, Conclusions of Law, and Recommendation, DN 17 [hereinafter Pl.'s Objs.]). For the reasons stated...
MEMORANDUM OPINION AND ORDER GREG N. STIVERS , District Judge . This matter is before the Court on a Motion to Exclude Expert Testimony filed by Plaintiff, the United States of America upon the relation and for the use of the Tennessee Valley Authority ("TVA"). The motion has been fully briefed and is ripe for decision. For the reasons stated below, the Court DENIES TVA's Motion. I. BACKGROUND This action arises from TVA's taking of an electric power transmission line easement and...
MEMORANDUM OPINION AND ORDER GREG N. STIVERS , District Judge . This matter is before the Court on Defendant Life Insurance Company of North America's ("LINA") Motion to Transfer Venue. (Def.'s Mot. to Transfer Venue, DN 11). Fully briefed, this motion is ripe for a decision. For the following reasons, LINA's motion is GRANTED. I. BACKGROUND Plaintiff Martha Hopkins ("Hopkins") is insured under a long-term disability policy underwritten by LINA and administered by Hopkins' former...
