Memorandum Opinion CHARLES R. SIMPSON, III , District Judge . I. Introduction This matter is before the Court on the motion of Defendant Robert Dean to compel arbitration and to stay further proceedings as to claims concerning ZFX, Inc. ("ZFX"), ECF No. 14. Plaintiff Terri Kirsch responded, ECF No. 18, and Dean replied, ECF No. 28. Kirsch then moved to stay the American Arbitration Association (AAA) arbitration proceedings pending the Court's decision on Dean's motion to compel...
Memorandum Opinion CHARLES R. SIMPSON, III , District Judge . I. Introduction This matter is before the Court on the motion of Plaintiff Thomas E. Perez, the Secretary of Labor for the United States Department of Labor ("The Secretary"), for leave to file an amended complaint, ECF No. 37. The Secretary tendered a proposed amended complaint, ECF No. 37-1. Defendants KDE Equine, LLC, Steve Asmussen Stables, and Steve Asmussen (collectively, "Defendants") objected, ECF No. 38. For the...
MEMORANDUM OPINION AND ORDER David J. Hale , Judge, United States District Court . This lawsuit involves a business dispute between American and New Zealand companies involved in the production, distribution, and sale of ready-to-drink alcoholic beverages known as "twistee shots." Plaintiff Smart Beverage Group was the exclusive North American importer and distributor of twistee shots for over three years. Defendants include the producer of the twistee-shot brand, Independent Liquor (NZ);...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , District Judge . This matter is before the Court on Defendant Louisville Metro Police Department Officer Greg Mudd's Motion to Dismiss for failure to state a claim upon which relief can be granted under Rule 12(b)(6). [DN 36.] The time for filing a response has passed, and therefore this matter is now ripe for adjudication. For the reasons set forth below, Defendant's motion is GRANTED. BACKGROUND The relevant facts as set out in the...
MEMORANDUM OPINION AND ORDER H. BRENT BRENNENSTUHL , Magistrate Judge . BACKGROUND Before the Court is the complaint (DN 1) of Lydia A. Bragg ("Plaintiff") seeking judicial review of the final decision of the Commissioner pursuant to 42 U.S.C. 405(g). Plaintiff has moved the Court for a remand to consider new medical evidence (DN 11), Defendant has filed a response (DN 18), and Plaintiff has filed a reply (DN 20). Pursuant to 28 U.S.C. 636(c) and Fed.R.Civ.P. 73, the parties have...
Memorandum Opinion and Order COLIN H. LINDSAY , Magistrate Judge . On November 21, 2016, Robert Barley moved for an additional fourteen days to answer the complaint. DN 5. Stock Yards Bank and Trust Company ("Stock Yards") filed a response indicating that it did not object, but noted that "Stock Yards did not want to agree to additional time that Mr. Barley could use to seek to dissolve the existing status quo order before he responded to the averments of the Complaint." DN 6. On December...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, Jr. , Chief District Judge . This matter is before the Court on Defendants' Motion to Dismiss [DN 35], Defendants' Motion for Leave to File a Reply Brief Outside of the Authorized Time Period [DN 44], and Plaintiff's Motion to Strike [DN 65]. Fully briefed, these matters are ripe for decision. I. MOTION TO DISMISS A. Background Plaintiff filed its Second Amended Complaint [DN 29] on or about September 6, 2016 alleging claims under Title...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, Jr. , Chief District Judge . This matter is before the Court on Defendant Arthur Wayne Kniffley's motion to dismiss the indictment against him. [DN 30]. Full briefed, this matter is ripe for decision. For the reasons stated below, the motion is DENIED. I. BACKGROUND Kniffley is charged with three counts of employing, using, persuading, inducing, enticing or coercing a minor to engage in sexually explicit conduct for purposes of...
MEMORANDUM OPINION AND ORDER DAVID J. HALE , District Judge . Plaintiffs Tremaine Cary, Jeremy Underwood, Lewis Underwood, Andrew Peters, and Andrew Peters, Jr. have moved to alter, amend, or vacate the Judgment in this case on the basis of newly discovered evidence. (Docket No. 40) Because the evidence they offer was not previously unavailable and would not alter the Court's conclusion in any event, their motion will be denied. I. BACKGROUND Plaintiffs, who are African-American, allege...
MEMORANDUM OPINION AND ORDER DAVID J. HALE , District Judge . Defendant Charter Communications, LLC filed an untimely motion for leave to amend its answer in this defamation case. (Docket No. 48) Charter offered no explanation or justification for its failure to comply with the deadline for amendment of pleadings. ( See id.; D.N. 22) Magistrate Judge Dave Whalin denied the motion on the ground that Charter had failed to demonstrate good cause to alter the litigation schedule. (D.N. 59)...
MEMORANDUM OPINION AND ORDER GREG N. STIVERS , District Judge . Before the Court is the Report and Recommendation (DN 77) filed August 18, 2016, by Magistrate Judge Dave Whalin. The matter is ripe for adjudication. After reviewing the record de novo, the Court ADOPTS the Report and Recommendation, and OVERRULES Defendant's objection. I. STATEMENT OF FACTS On June 19, 2014, Defendant Christopher Hisle ("Hisle") was charged in an Indictment with one count of transporting for...
MEMORANDUM OPINION AND ORDER COLIN H. LINDSAY , Magistrate Judge . This matter is before the Court on Plaintiff's motion to exclude or limit the opinions of two of Defendants' rebuttal experts, William Smock and Lane VanIngen (DN 52). Defendants filed a response in opposition (DN 59) and Plaintiff filed a reply (DN 66). The motion is now ripe for review. For the following reasons, Plaintiffs' motion is denied. BACKGROUND Plaintiff asks the Court, pursuant to Rules 26(a)(2)(D)(ii) and...
MEMORANDUM OPINION AND ORDER DAVID J. HALE , District Judge . Plaintiff Pamela Wiley-Stiger was an inmate at Louisville Metro Department of Corrections (LMDC) in 2013; Defendant Edwin O'Bannon was an LMDC Corrections officer. (Docket No. 34-1, PageID # 164) Wiley-Stiger claims that Officer O'Bannon used excessive force with her during a dispute. ( Id. ) Wiley-Stiger sued O'Bannon, alleging that O'Bannon's use of excessive force violated her constitutional rights. ( Id. ) In addition,...
MEMORANDUM OPINION AND ORDER CHARLES R. SIMPSON, III , Senior District Judge . This matter is before the court on motion of the plaintiffs, Alecia M. Pedreira, et al., for voluntary dismissal of the action with prejudice and incorporation of the Settlement Agreement, as amended, into the court's order of dismissal as a consent decree. 1 The long and storied history of this case was set out by the United States Court of Appeals for the Sixth Circuit. 2 Sunrise 3 operates group homes,...
Memorandum Opinion and Order THOMAS B. RUSSELL , Senior District Judge . This case is before the Court upon Defendant Medtronic, Inc.'s motion to dismiss pursuant to Federal Rule of Procedure 12(b)(6). [DN 7.] Plaintiff Marilyn Cima has responded, [DN 8], and Medtronic has replied, [DN 10]. Fully briefed, this matter is ripe for adjudication. For the following reasons, Medtronic's motion to dismiss [DN 7] is GRANTED IN PART and DENIED IN PART. I. Facts and Procedural History 1 Marilyn...
MEMORANDUM OPINION AND ORDER [LANNY KING , Magistrate Judge . This matter is before the Court on Plaintiff's complaint seeking judicial review (pursuant to Sentence 4 of 42 U.S.C. 405(g)) of the final decision of the Commissioner denying her claim for Social Security disability benefits. The parties have consented to the jurisdiction of the undersigned Magistrate Judge to determine this case, with any appeal lying before the Sixth Circuit Court of Appeals. Docket 13. Plaintiff filed a...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . ACT for Health, doing business as Professional Case Management, along with its wholly-owned subsidiary, Professional Case Management of Kentucky, LLC (collectively, PCM), filed this action against United Energy Workers Healthcare Corp. and its wholly-owned subsidiary, Kentucky Energy Workers Healthcare, LLC (collectively UEW), bringing claims for unfair competition, for violating Kentucky's laws and regulations...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . Delmas Philpot filed this action against MicroBilt Corporation, alleging it violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681x, as well as defamed him, by providing an inaccurate consumer report to his prospective employer. Now, MicroBilt moves to dismiss that action pursuant to Federal Rule of Civil Procedure 12(b)(6). It argues that Philpot has not plausibly alleged sufficient facts entitling him...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court on five pretrial motions of Defendant Damon Shanklin. [DN 14; 15; 16; 17; 29.] The United States has responded. [DN 22; 23; 24; 25; 41.] As to one motion [DN 29], Defendant replied. [DN 42.] These motions are now ripe for adjudication. The Court will address each of Defendant's motions in turn. I. Motion for Disclosure of 404(b) Evidence [DN 14] In his first motion, Defendant seeks an...
Memorandum Opinion and Order COLIN H. LINDSAY , Magistrate Judge . Humphreys & Partners Architects, L.P. ("Humphreys") moved to compel the HRB Defendants' 1 compliance with the expert report requirements of Rule 26. (DN 121). The HRB Defendants responded in opposition to the motion. (DN 124). Humphreys filed a reply. (DN 125). The HRB Defendants filed a notice of supplemental case information. (DN 126). For the reasons below, the Court will grant in part and deny in part the motion to...
