MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter comes before the Court upon two motions. First, Defendant ADS Security, L.P. ("ADS") has moved for Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c). [DN 7.] Second, Defendant ADT LLC ("ADT") has also filed a Motion for Judgment on the Pleadings pursuant to Rule 12(c). [DN 6.] These matters are ripe for adjudication. For the following reasons, both of these Motions [DN 7, DN 6]...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court on Defendant Blue Cross and Blue Shield of Florida, Inc.'s motion to dismiss or improper venue, or, alternatively, to transfer this case to the Middle District of Florida. [DN 5.] Plaintiff Kathryn Creech responded, [DN 6], and Defendant replied, [DN 7.] Fully briefed, this matter is now ripe for adjudication. For the reasons stated herein, Defendant's motion is GRANTED IN PART AND...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter comes before the Court on Defendant Christopher Ford's Motion for Return of Personal Property, [R. 173], pursuant to Federal Rule of Criminal Procedure 41(g). The United States has responded, [R. 190], and the time for Ford to file a reply has passed by over three months. For the following reasons, Ford's Motion for Return of Personal Property, [R. 173], is GRANTED IN PART AND DENIED IN PART. BACKGROUND...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR. , Chief District Judge . There are six matters currently before the Court: Defendant Morales' Motion for Summary Judgment [DN 61], Plaintiffs' Motion for Partial Summary Judgment [DN 100], Plaintiffs' Motion for Leave to File Supplemental Exhibit [DN 127], Defendant Morales' Motion to Strike [DN 128], Defendant Morales' Motion to Withdraw and Amend [DN 129], and Plaintiff's Motion to Deem Requests for Admissions Admitted [DN 130]. Fully...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR. , Chief District Judge . This matter is before the Court on Defendant TSI Logistica Fronteriza's Motion to Dismiss [DN 46]. Fully briefed, this matter is ripe for decision. For the following reasons, the Motion to Dismiss is DENIED. I. BACKGROUND Plaintiff filed this lawsuit on behalf of himself and family members involved in a fatal car collision. Originally, the lawsuit named Transportation Services, Inc. ("TSI") and two employees,...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR. , Chief District Judge . This matter is before the Court on a motion by Plaintiff, Pamela Heckman, to remand this action to the Jefferson Circuit Court [DN 10]. This matter is ripe for decision. I. BACKGROUND According to the complaint, Plaintiff Heckman, a 60 year-old woman, was employed by Cabela's as a systems trainer. (Pl.'s Compl. [DN 1-2] 7.) Heckman brought the present action against Cabela's in Jefferson Circuit Court,...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR. , District Judge . This matter is before the Court on a motion to dismiss by defendants Mills Family Realty, Inc. ("MFR"), MR Group, Inc. ("MRG"), Chris Mills, Clinton Mills, and Ed Mills. (DN 7.) Also before the Court is a motion by the same defendants for leave to file a reply in excess of fifteen pages. (DN 13.) These matters are ripe for decision. I. BACKGROUND This case arises from a construction project in downtown Bowling Green...
MEMORANDUM OPINION THOMAS B. RUSSELL , Senior District Judge . This matter comes before the Court upon four separate motions. First, Plaintiff George Daniel ("Plaintiff") has filed two Motions for Summary Judgment: one against Defendants Matthew Johnston ("Johnston") and Lindsay Harper ("Harper"), [DN 30], and a second one against Defendant Bradley Boyd ("Boyd"). [DN 31.] Next, Johnston and Harper have filed a Motion for Summary Judgment. [DN 32.] Lastly, Boyd has filed a Motion for...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court on Defendants LeeCor Systems, LLC and Steven Medlin's partial motion to dismiss or, in the alternative, for a more definite statement. [DN 14.] Plaintiffs Jason and Dilenia Ingram responded, [DN 33], and Defendants replied, [DN 27.] Fully briefed, this matter is now ripe for decision. For the reasons discussed herein, Defendants' motion is GRANTED IN PART AND DENIED IN PART....
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter comes before the Court on motions in limine by both Defendant Hobert Huddleston, [R. 115], and Plaintiff Glenn D. Odom II, [R. 121]. Huddleston moves the Court to: (1) prohibit Odom from calling any witnesses other than himself, (2) prohibit Odom from introducing any evidence of damages, and (3), in the alternative to the second motion, limit the total amount of damages recoverable by Odom to $15,000.00....
MEMORANDUM, OPINION, AND ORDER H. BRENT BRENNENSTUHL , Magistrate Judge . Before the Court is the motion of Plaintiff Richard Escalera for an award of fees and expenses against Defendant Bard Medical, A Division of C.R. Bard, Inc. (DN 37). Bard has responded in opposition (DN 38), and Escalera has replied (DN 39). The motion is ripe for adjudication. For the reasons that follow, Escalera's motion is granted. Background Escalera seeks to recover his legal fees and expenses associated...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR. , District Judge . This matter is before the Court on a motion by plaintiff Rose M. Simpson to add a defendant to her complaint. (DN 22.) Also before the Court is a motion to dismiss the complaint by defendant Conduent Education Services, LLC f/k/a Xerox Education Services, LLC, d/b/a ACS Education Services, LLC ("CES") (DN 23), and a motion to enforce restitution and other relief by Simpson. (DN 26.) These matters are ripe for decision....
Memorandum Opinion and Order COLIN LINDSAY , Magistrate Judge . Plaintiff Nicole Briones-Rivera ("Plaintiff") challenges the Commissioner's denial of supplemental security income benefits ("SSI") for her minor son, J.B.B. ("Claimant"). On July 29, 2016, Plaintiff consented to the undersigned's jurisdiction. (DN 16.) On October 24, 2016, Plaintiff moved for judgment on the pleadings; the Commissioner filed a response brief on January 18, 2017. (DN 20; DN 25.) Plaintiff did not file a reply...
MEMORANDUM OPINION AND ORDER GREG N. STIVERS , District Judge . This matter is before the Court on Plaintiff's Motion for Partial Summary Judgment (DN 52) 1 , and Defendants' Motion for Summary Judgment (DN 53). For the reasons outlined below, Plaintiff's Motion for Partial Summary Judgment on its claim of conversion is GRANTED IN PART and DENIED IN PART, and Defendants' Motion for Summary Judgment is DENIED. I. STATEMENT OF FACTS AND CLAIMS Belden, insured by Plaintiff...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter comes before the Court upon four motions: first, Plaintiff Michael Cooper ("Plaintiff") has filed a Motion to Appoint Counsel. [DN 177.] Second, Plaintiff has filed a Motion to Alter or Amend this Court's Memorandum Opinion and Order granting in part and denying in part Defendants' Motion for Summary Judgment. [DN 178.] Third, Plaintiff has filed a Motion to Alter or Amend this Court's Memorandum Opinion...
MEMORANDUM OPINION & ORDER Joseph H. McKinley, Jr. , Chief Judge . This matter is before the Court on two motions for partial summary judgment by defendants Capitol Records, LLC ("Capitol") and Andre Romelle Young p/k/a Dr. Dre d/b/a N.W.A. ("Young") (DN 88, 91), as well as a motion by the same defendants for leave to file supplemental authority. (DN 113.) These motions are ripe for decision. I. BACKGROUND Plaintiff Leroy Mitchell is a singer, songwriter, and record producer who has...
MEMORANDUN OPINION AND ORDER DAVE WHALIN , Magistrate Judge . Before the Court is the motion of Plaintiff Tabatha Lynn Shadburne ("Shadburne"), individually and on behalf of all others similarly situated, to compel discovery responses from Defendants Bullitt County, Kentucky, and Martha Knox, Bullitt County Jailer (collectively referred to as "Defendants"). (DN 25). Shadburne alternatively seeks discovery sanctions against Defendants in the same motion. ( Id. ). Defendants have filed a...
MEMORANDUM OPINION CHARLES R. SIMPSON, III , Senior District Judge . I. Introduction This matter is before the court on defendants Alex Lee and Michael Carroll's motion for summary judgment. ECF No. 92-1. Plaintiff Troy Scheffler responded. ECF No. 100. Lee and Carroll subsequently replied. ECF No. 104. For the reasons set forth below, the motion for summary judgment will be granted. II. Factual Background This case arises from an incident at the Galt House Hotel involving...
MEMORANDUM OPINION CHARLES R. SIMPSON, III , Senior District Judge . This matter is before the court on motion of Defendants, City of Hillview, Kentucky; Glenn Caple, in his individual capacity; and Kenneth Straughn, in his individual capacity (collectively, "Defendants"), for summary judgment. For the reasons stated herein, the court will GRANT Defendants' motion. Plaintiff's Amended Complaint and Intervening Plaintiff's Intervening Complaint will be DIMISSED. I. BACKGROUND The...
MEMORANDUM OPINION AND ORDER CHARLES R. SIMPSON, III , Senior District Judge . This matter is before the court on motion of Defendants, City of Hillview, Kentucky; Glenn Caple, in his individual capacity; and Kenneth Straughn, in his individual capacity, for their Objection and Motion to Strike Portion of Response to Defendants' Motion for Summary Judgment (DN 56.) For the reasons stated herein, the court will DENY Defendants' motion. I. DISCUSSION Defendants filed a motion for...
