MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court on a Motion for Summary Judgment filed by Defendants Wesley Burnett, Jesse Coombs, Brendan Inglish, and joined by James Knight. (R. 18). On November 9, 2018 the Court warned Plaintiff Justin Walters about the consequences of failing to respond to a motion for summary judgment, and granted him an additional thirty days to respond to the instant one. Those additional thirty days have...
MEMORANDUM OPINION AND ORDER H. BRENT BRENNENSTUHL , Magistrate Judge . Before the Court is the Plaintiff's motion to amend the scheduling order to extend discovery and pretrial deadlines (DN 17). The Defendants have responded in opposition at DN 18 and Plaintiff has not filed a reply. Nature of the Case Plaintiff originally filed this action in state court. On November 13, 2017 the Defendants removed the action to this Court. Plaintiff is the administrator of the estate of Randy Clark....
OPINION AND ORDER THOMAS B. RUSSELL , District Judge . This matter comes before the Court on Defendant's, Timothy Grimes, Motion for Summary Judgment. (R. 54). Plaintiff, Damien Anthony Sublett, has responded. (R. 56). This matter is now ripe for decision. For the reasons that follow, Grimes's Motion for Summary Judgment is HEREBY GRANTED. BACKGROUND In April of 2017, Damien Sublett, then an inmate at the Western Kentucky Correctional Complex, supplemented an existing complaint against...
ORDER ADOPTING REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO SUPPRESS [R. 266, R. 278] CLARIA HORN BOOM , District Judge . This matter is before the Court on the motion of Defendant Carlos Catalan to join Defendant Gonzalez's Motion to Suppress. [R. 266] The United States responded in opposition [R. 268] The Court referred the matter to Magistrate Judge King for Report and Recommendation ("R & R") pursuant to 28 U.S.C. 636. [R. 273] Judge King construed the defendant's motion as an...
ORDER ADOPTING REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO SUPPRESS [R. 255], CLARIA HORN BOOM , District Judge . This matter is before the Court on Defendant Ismael Gonzalez's Motion to Suppress Illegal Seized Evidence ("Motion to Suppress"). [R. 255] This matter was referred to Magistrate Judge Lanny King for a Report and Recommendation ("R & R") pursuant to 28 U.S.C. 636(b)(1)(B) and Fed. Crim. P. 59(b)(1). [R. 256, R. 261] For the reasons stated herein, the Court adopts Judge...
MEMORANDUM OPINION AN ORDER THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court upon a motion by Defendant, Westlake Management Services, Inc. ("Westlake Management"), to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure as to all claims of Plaintiff Ronald L. Jones ("Jones"). [DN 5]. Plaintiff has responded, [DN 7], and Defendant has filed a reply. [DN 8]. Fully briefed, Defendants' motion is ripe for review, and for the following reasons,...
MEMORANDUM OPINION AN ORDER THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court upon two motions by Defendant, Adam Jones ("Jones"). First, Defendant moves to dismiss Plaintiff's initial complaint for failure to state a claim. [DN 4]. Plaintiff, James Polk ("Polk"), has not filed a response to Defendant's motion to dismiss, but has filed an Amended Complaint. [DN 7]. Second, Defendant moves the Court to strike Plaintiff's Amended Complaint. [DN 8]. Plaintiff...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court upon Defendant Sarah Jones's Motion to Reconsider, Alter, Amend, or Vacate the Court's Order and Judgment pursuant to Federal Rule of Civil Procedure 59. [R. 25.] Plaintiff Jeffrey Maurer responded. [R. 26.] This matter is now ripe for adjudication. For the reasons stated herein, Defendant Jones's Motion, [R. 25], is DENIED. LEGAL STANDARD Although the Federal Rules of Civil...
MEMORANDUM OPINION THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court on Defendants Correct Care Solutions and Dr. Shastine Tangilag's ("Defendants") Motion for Summary Judgment, [R. 60]. Plaintiff William Daugherty responded, [R. 64], and Defendants replied, [R. 66]. Fully briefed, this matter is now ripe for adjudication. For the reasons stated herein, Defendants' Motion for Summary Judgment, [R. 60], is GRANTED. BACKGROUND Plaintiff Daugherty alleges that on...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court upon Plaintiff Darrell Miles's Motion to Provide Paper Copies of Medical Records and Set a Settlement Conference. [R. 88.] Defendants Dr. Shastine Tangilag and Karen Vickery ("Defendants") responded. [R. 91.] The deadline for Miles to reply has passed. This matter is now ripe for adjudication. For the reasons stated herein, Miles's Motion to Provide Paper Copies of Medical Records and...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court upon three motions by Plaintiff Leonel Martinez: a Motion for this Court to Reject Defendants for Bringing False Claims, [R. 257]; a Motion for Default Judgment, [R. 258]; and a Motion for Sanctions, [R. 259]. The Defendants responded, [R. 260.] This matter is ripe for adjudication. For the reasons stated herein, Martinez's Motion for this Court to Reject Defendants for Bringing False...
MEMORANDUM OPINION AND ORDER H. BRENT BRENNENSTUHL , Magistrate Judge . Before the Court is the motion of Plaintiff Brittany Rogers to compel production of an agreement between the Defendant and non-party April Duncan (DN 49). Rogers' motion also seeks an award of attorney's fees in bringing the motion. Defendant The Webstaurant Store, Inc. has filed its response at DN 55 and Rogers has replied at DN 65. Background Webstaurant is engaged in the business of selling commercial kitchen...
MEMORANDUM OPINION CHARLES R. SIMPSON, III , Senior District Judge . I. Introduction This case is before the Court on three related motions. Plaintiff, offering a stipulation that her claim seeks damages in an amount less than $75,000, has moved to remand this case to the state court. DN 4. Defendant, content with remaining in this Court (if only briefly), opposes that motion (DN 8) and offers a motion to dismiss (DN 6). Rather than respond to that motion, Plaintiff has filed a motion to...
MEMORANDUM OPINION CHARLES R. SIMPSON, III , Senior District Judge . I. Introduction This case is before the Court on Defendants' motion for summary judgment. Specifically, Defendants assert that the Plaintiff, a Kentucky inmate, failed to properly exhaust his administrative remedies before bringing his federal civil rights claims, that some aspects are time-barred, and that, regardless, they fail on the merits. Plaintiff has not responded. Therefore, this matter is ripe for review....
MEMORANDUM OPINION CHARLES R. SIMPSON, III , Senior District Judge . This matter is before the Court on objections by Defendants Coty, Inc. and Coty, US, LLC (collectively, "Coty") to Plaintiffs witness lists (DN 86) and on objection by Plaintiffs May Miller and Timothy Miller (collectively, "Plaintiffs") to Coty's witness lists (DN 87). Plaintiffs have requested a hearing on Coty's objections. The Court finds a hearing unnecessary. Fully briefed, these matters are ripe for decision. I....
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR. , District Judge . Before the Court are the motion for reconsideration (DN 17) filed by Defendant United States of America and the motion to dismiss (DN 14) filed by Defendant Michael Wilson. Each will be considered below. Motion for reconsideration (DN 17) In his complaint, Plaintiff, Jamal Bekhtyar, who is proceeding pro se, alleged that Defendant Wilson, a U.S. Probation Officer in the Middle District of Tennessee, was...
MEMORANDUM OPINION AND ORDER H. BRENT BRENNENSTUHL , Magistrate Judge . In accordance with the parties' consent, this case was reassigned to the undersigned United States Magistrate Judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73 (DN 33). This matter came before the Court for bench trial on October 23, 2018. Findings of Fact This is an action for breach of contract. Defendant D&B Trucks and Equipment,...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR. , District Judge . This matter is before the Court on Defendant's Motion to Compel Arbitration and Dismiss Action or, in the alternative, Motion to Dismiss [DN 8]. Fully briefed, this matter is ripe for decision. For the following reasons, the Defendant's motion is GRANTED IN PART and DENIED IN PART. I. BACKGROUND Plaintiffs Michael and Magdalena Miller bring this action against Defendant TLC Resorts Vacation Club, LLC ("TLC"). In...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR. , District Judge . Before the Court is the motion to dismiss or alternatively for summary judgment filed by Defendants Grayson County and Jason Woosley (DN 30). Briefing on the motion is complete, as is discovery. 1 For the following reasons, the motion for summary judgment will be granted. I. Plaintiff alleged that on March 28, 2016, while on probation, he was seen by his primary care physician, Dr. Sean Ryan, for a "severe insect...
MEMORANDUM OPINION AND ORDER REBECCA GRADY JENNINGS , District Judge . On April 10, 2018, Defendants filed a motion to dismiss the remaining Plaintiffs, Carl J. Perry, Jr., and Clarence Russell, in this civil action. Plaintiffs did not respond. The Court provided Plaintiffs with an additional opportunity to respond to Defendants' motion to dismiss and warned Plaintiffs that should they fail to do so, the Court would take Defendants' motion under consideration without the benefit of a...
