FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION REGINA S. EDWARDS , Magistrate Judge . The Commissioner of Social Security denied Nicole M. Hill's ("Hill") applications for supplemental security income benefits and disability insurance benefits. Hill seeks judicial review of the Commissioner's decision pursuant to 42 U.S.C. 405(g). Both Hill (DN 15) and the Commissioner (DN 19) have filed a Fact and Law Summary. The District Judge has referred the case to the undersigned United...
REPORT & RECOMMENDATION COLIN H. LINDSAY , Magistrate Judge . Before the Court is the Application to Proceed in District Court Without Prepaying Fees or Costs (DN 3) of Plaintiff, Paula Roberson ("Roberson"), to proceed without prepayment of costs and fees in her action for social security benefits pursuant to 28 U.S.C. 1915. On November 8, 2019, Roberson brought suit against the Commissioner to obtain review of a decision that denied her application for disability insurance benefits...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR RULE 54(b) JUDGMENT CLARIA HORN BOOM , District Judge . This matter is before the Court on Plaintiff's Brief on Remaining Claims and Motion for Entry of Fed. R. Civ. P. 54(b) Judgment [R. 140] and Defendant's Brief regarding Plaintiff's Bifurcated Claims in Accordance with This Court's March 29, 2019 Order and Motion for Summary Judgment on Same [R. 141]. The Court's previous...
OPINION AND ORDER LANNY KING , Magistrate Judge . Chief Judge Greg N. Stivers referred this matter to Magistrate Judge Lanny King for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. (Docket # 16). This matter was later reassigned to Senior Judge Thomas B. Russell. (Docket # 66). Before the Court is a Motion to Produce Production Numbers, filed by...
MEMORANDUM OPINION AND ORDER DAVID J. HALE , District Judge . This matter is before the Court upon a motion to dismiss this action for failure to meet the notice-pleading standard of Fed. R. Civ. P. 8 and for lack of subject-matter jurisdiction (Docket No. 23). Fully briefed, this matter is ripe for review. For the following reasons, the Court will grant the instant motion. I. Pro se Plaintiff Vivian Janet Bowman filed the instant employment-discrimination action against Defendants...
MEMORANDUM OPINION CHARLES R. SIMPSON, III , Senior District Judge . This matter is before the Court on Defendant T1 Payments, LLC's ("T1 Payments") motion to dismiss or, in the alternative, motion to transfer an action brought by Plaintiff Onyx & Rose, LLC ("Onyx & Rose"). DN 6. Plaintiff filed a response. DN 9. Defendant filed a reply. DN 11. This matter is now ripe for adjudication. For the reasons below, the Court will deny dismissal and transfer this matter under 28 U.S.C. 1404(a)...
MEMORANDUM OPINION AND ORDER H. BRENT BRENNENSTUHL , Magistrate Judge . BACKGROUND Before the Court is the complaint (DN 1) of Michael Smith seeking judicial review of the final decision of the Commissioner pursuant to 42 U.S.C. 405(g). Both the Plaintiff (DN 14) and Defendant (DN 20) have filed a Fact and Law Summary. For the reasons that follow, the undersigned orders that judgment be granted for the Commissioner. Pursuant to 28 U.S.C. 636(c) and Fed.R.Civ.P. 73, the parties have...
MEMORANDUM OPINION AND ORDER Rebecca Grady Jennings , District Judge . This matter is before the Court on Defendant, Antonio Jones' ("Jones"), Motion to Suppress Vehicle Search and Statements ("Motion"). [DE 17]. The Court held a suppression hearing. [DE 22]. This matter is now ripe [DE 26; DE 27]. For the reasons below, the Court DENIES the Motion [DE 17]. I. BACKGROUND In the early morning of January 11, 2019 Officer Sholar of the Louisville Metro Police observed Antonio Jones' "...
MEMORANDUM OPINION AND ORDER David J. Hale , Judge . Plaintiff Erin Murray began receiving long-term disability benefits from Defendant Unum Life Insurance Company of America when her medical conditions prevented her from working. After learning that Murray had received a settlement from a motor-vehicle accident, Unum began withholding part of Murray's benefits to cover what Unum considers an overpayment. Murray then filed a complaint pursuant to the Employee Retirement Income Security...
MEMORANDUM OPINION CHARLES R. SIMPSON, III , Senior District Judge . I. Introduction This matter is before the Court on Defendant Metro Restoration Services, Inc.'s, ("Metro") third motion for summary judgment. DN 56. Plaintiff Jonathan C. Baum ("Baum") filed a response, DN 58, and Metro filed a reply, DN 59. The matter is now ripe for review. For the following reasons, Metro's motion for summary judgment will be DENIED. II. Facts and Procedural History This is an employment...
MEMORANDUM OPINION AND ORDER GREG N. STIVERS , Chief District Judge . This matter is before the Court on Plaintiff's Motion to Compel Mediation and Arbitration and Motion to Stay Proceedings in the Interim (DN 15). This motion is ripe for adjudication. For the reasons that follow, the motion is GRANTED. I. BACKGROUND A. Statement of Facts In early 2018, Plaintiff Jr. Food Stores, Inc. ("JFS") entered into a contract with Defendant Hartland Construction Group, LLC ("Hartland")...
MEMORANDUM OPINION AND ORDER REBECCA GRADY JENNINGS , District Judge . Plaintiffs JTH Tax, Inc., d/b/a Liberty Tax Service ("JTH"), and Siempretax+, LLC ("Siempre Tax") (collectively, "Liberty") filed a complaint against Defendants Freedom Tax, Inc. ("Freedom") and Adisa Selimovic ("Selimovic") seeking relief for alleged violations of the Lanham Act, 15 U.S.C. 1114, 1125, et seq., and the Defend Trade Secrets Act, 18 U.S.C. 1836, et seq. [DE 1; DE 33]. Freedom and Selimovic (...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court upon Magistrate Judge King's Findings, Conclusions, and Recommendations ("Recommendations") (DN 19) issued on October 1, 2019. The Magistrate Judge recommends that the Court deny as untimely Mr. Brooks's Petition and amendment to petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 (DN 1; DN 11), deny Petitioner's motion to stay and hold in abeyance (DN 13), and deny a...
MEMORANDUM OPINION AND ORDER REBECCA GRADY JENNINGS , District Judge . This matter is before the Court on Defendant, Aaron Shelton's ("Shelton"), Motion to Suppress Evidence ("Motion to Suppress" or "Motion"). [DE 43]. The Court held an evidentiary hearing. [DE 46]. Post-hearing briefs were filed. [DE 57, 58]. This matter is now ripe. For the reasons below, the Court DENIES the Motion to Suppress. [DE 43]. BACKGROUND This matter stems from a Terry stop and search of Shelton's...
MEMORANDUM OPINION AND ORDER REBECCA GRADY JENNINGS , District Judge . This matter is before the Court on Plaintiff Ronald Basham's ("Plaintiff") Motion for Leave to File Amended Complaint and Demand for Jury Trial (the "Motion") [DE 16] and BAE's Motion for Leave to File a Sur-Reply on Plaintiff's Motion for Leave to File Amended Complaint [DE 19]. Briefing is complete, and the motions are ripe. [DE 17; DE 18; DE 19; DE 20; DE 22]. For the reasons below, the Court GRANTS Basham's...
MEMORANDUM OPINION AND ORDER REBECCA GRADY JENNINGS , District Judge . Plaintiff Margaret Wilson ("Wilson") sues Defendant Anthem Health Plans of Kentucky ("Anthem") seeking relief for alleged violations of Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, et seq. ("ERISA") and the Mental Health Parity and Addiction Equity Act of 2008, 42 U.S.C.A. 300gg-26 ("MHPAEA"). [DE 1 at 1]. Before the Court is Wilson's unopposed Motion for Preliminary Approval of Class...
MEMORANDUM OPINION AND ORDER CHARLES R. SIMPSON, III , Senior District Judge . This matter is before the Court on motion to compel payment of expert witness fees, DN 197, filed by Plaintiffs James Brown, et al. ("Brown" or "Plaintiffs") and motion for amended bill of costs, DN 208, filed by Defendants Tax Ease Lien Servicing, LLC, et al. ("Tax Ease" or "Defendants"). For the following reasons, Brown's motion to compel Tax Ease to pay expert witness fees is GRANTED in part and DENIED in...
MEMORANDUM OPINION AND ORDER LANNY KING , Magistrate Judge . This matter is before the Court on Plaintiff's complaint seeking judicial review, pursuant to 42 U.S.C. 405(g), of the final decision of the Commissioner denying her claim for Social Security disability benefits. The fact and law summaries of Plaintiff and Defendant are at Dockets # 13 and 17. The parties have consented to the jurisdiction of the undersigned Magistrate Judge to determine this case, with any appeal lying before...
MEMORANDUM OPINION AND ORDER GREG N. STIVERS , District Judge . This matter is before the Court on Defendant's Motion for Summary Judgment (DN 134). The motion is ripe for adjudication. For the reasons that follow, the motion is DENIED. I. BACKGROUND Defendant Nemak USA Inc. ("Nemak") die casts aluminum automobile parts. (Byrd Dep. 14:5, Oct. 30, 2018, DN 134-3; Pl.'s Mem. Supp. Resp. Def.'s Mot. Summ. J. 1, DN 136-1 [hereinafter Pl.'s Resp.]). Magna-Tech Manufacturing, LLC ("...
MEMORANDUM OPINION THOMAS B. RUSSELL , Senior District Judge . This matter is before the Court on Defendants Correct Care Solutions, Lester Lewis, Kelly Neeley, and Karen Ramey's Motion for Summary Judgment. [DN 33]. Plaintiff Britton McPherson responded, [DN 41], and Defendants replied, [DN 42]. This matter is ripe for adjudication. For the reasons set forth herein, Defendants' Motion for Summary Judgment, [DN 33], is GRANTED. BACKGROUND Beginning on December 28, 2017, Plaintiff claims...
