MEMORANDUM AND ORDER JOHN M. BODENHAUSEN , Magistrate Judge . On January 21, 2020, the Court granted defendant's motion to dismiss plaintiff's first amended complaint for failure to state a claim for relief, pursuant to Rule 12(b)(6), Fed.R.Civ.P. [Doc. # 67]. Plaintiff now moves under Rule 60(b) for reconsideration of that order. Defendant has filed a response in opposition. I. Background Plaintiff John Doe was an undergraduate student enrolled at defendant Washington University. In...
MEMORANDUM AND ORDER CATHERINE D. PERRY , District Judge . Plaintiff Maureen A. Eyman brings this action under 42 U.S.C. 405 seeking judicial review of the Commissioner's final decision denying her claim for disability insurance benefits (DIB) under Title II of the Social Security Act, 42 U.S.C. 401, et seq. Because the Commissioner's final decision is supported by substantial evidence on the record as a whole, I will affirm the decision. Procedural History On March 30, 2016, the...
MEMORANDUM AND ORDER STEPHEN R. CLARK , District Judge . This matter comes before the Court on Defendant American Family Mutual Insurance Company's Motion for Summary Judgment [14] and Plaintiff Janet Micheel's Motion for Summary Judgment [17]. The Court denies Defendant's Motion and grants Plaintiff's Motion. I. BACKGROUND Janet Micheel was in a car accident in December 2017 and incurred more than $150,000 in medical bills for the injuries she sustained. The driver of the other car had...
MEMORANDUM AND ORDER NANNETTE A. BAKER , Magistrate Judge . This matter is before the Court upon the motion of pro se petitioner Natasha Rae Smith's motion for the appointment of counsel. [Doc. 2.] The motion will be denied without prejudice. "A pro se litigant has no statutory or constitutional right to have counsel appointed in a civil case." Stevens v. Redwing, 146 F.3d 538 , 546 (8th Cir. 1998). When determining whether the appointment of counsel is appropriate, the Court...
ORDER RONNIE L. WHITE , District Judge . The above styled and numbered case was opened on March 17, 2020, and assigned to the Eastern Division. After a review of the case, it was determined the case was assigned incorrectly. The case should have been assigned to the Southeastern Division. Accordingly, IT IS HEREBY ORDERED that the above styled case is transferred to the Southeastern Division and assigned to the Honorable Ronnie L. White, United States District Judge, under cause...
MEMORANDUM AND ORDER PATRICIA L. COHEN , Magistrate Judge . Plaintiff Danny McDaniel seeks review of the decision by Defendant Social Security Commissioner Andrew Saul denying his application for a period of disability and Disability Insurance Benefits (DIB) under the Social Security Act. For the reasons set forth below, the Court affirms the Commissioner's denial of Plaintiff's application. I. Background and Procedural History In February 2015, Plaintiff, who was born in August 1952,...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on Petitioner Michael W. Shifley's motion filed under 28 U.S.C. 2255 to vacate, set aside, or correct his sentence. On January 22, 2016, Petitioner entered a plea of guilty to a lesser included offense of conspiracy to distribute methamphetamine, in violation of 21 U.S.C. 841(a)(1) and 846. The Court accepted Petitioner's plea, and on April 29, 2016, sentenced Petitioner to a total of 68 months...
MEMORANDUM AND ORDER JOHN M. BODENHAUSEN , Magistrate Judge . This matter is before the Court on a pro se petition of Rick Cusumano ("Petitioner"). (ECF No. 1) Petitioner is a Missouri State prisoner seeking a Writ of Habeas Corpus, pursuant to 28 U.S.C. 2254, for relief from a January 4, 2011, conviction and sentence. Respondent argues that Petitioner's claims are without merit. The parties have consented to the jurisdiction of the undersigned pursuant to 28 U.S.C. 636(c). I....
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on the pro se petition of Missouri state prisoner Darel Lotts for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On July 15, 2010, Petitioner was convicted by a jury of first-degree murder, first-degree assault, and two counts of armed criminal action. Petitioner was sentenced to a term of life without parole for the murder, a concurrent term of 30 years' imprisonment for the first-degree...
MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR. , District Judge . This matter comes before the Court on defendants Larry Earley, Damian Boron, Bryant Light, John Jarrell, Mark Fulkerson, Carl Birchenough, Denna Hutchinson, and Dwayne Pease's motion to dismiss (ECF #18). For the reasons stated, that motion is GRANTED. I. BACKGROUND Kirkman, proceeding pro se, has filed an employment discrimination action against the various defendants using a court-supplied pleading form. In...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter comes before the Court on Movant's Motion to Compel Pursuant to a Rule 45 Subpoena and for Court Authorization Pursuant to the Cable Communications Act, 47 U.S.C. 551(c)(2)(b) (the "Cable Act"). (Doc. No. 1). Movant seeks to have this Court order Charter Communications, Inc. ("Charter"), a non-party to an underlying lawsuit in the Northern District of Alabama, to produce subscriber information associated with an...
MEMORANDUM AND ORDER JOHN M. BODENHAUSEN , Magistrate Judge . This action is before the Court pursuant to the Social Security Act, 42 U.S.C. 401, et seq. ("the Act"). The Act authorizes judicial review of the final decision of the Social Security Administration denying Plaintiff Linda B.'s ("Plaintiff") application for disability benefits under Title II of the Social Security Act, see 42 U.S.C. 401 et seq. All matters are pending before the undersigned United States Magistrate...
MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR. , District Judge . This matter comes before the Court on a motion for judgment on the pleadings filed by defendants City of St. Louis, Adrian Barnes, Jeff Carson, Dale Glass, and Tonya Harry (#19). For the reasons stated, that motion is GRANTED IN PART and DENIED IN PART. I. BACKGROUND Plaintiff is a former captain at the St. Louis Medium Security Institution (MSI) who alleges he was wrongfully terminated in retaliation for informing his...
MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR. , District Judge . This matter comes before the Court on defendants' motion for sanctions and request for extension of the summary judgment deadline (#39) and plaintiff's motions to amend the case management order (#40, #43). These motions follow this Court's previous Order granting defendants' motion to compel discovery, in which the Court explained it was "not convinced by plaintiff's counsel's thinly-supported excuses" justifying a "several-...
MEMORANDUM AND ORDER RODNEY W. SIPPEL , District Judge . This matter is before the Court on petitioner's motion to alter or amend the Judgment entered in this case under Rule 59(e) of the Federal Rules of Civil Procedure. The motion is denied, as "a motion to alter or amend a judgment must be filed no later than 28 days after the entry of judgment." Judgment in this case was entered one year ago, on March 13, 2020. To the extent petitioner is seeking reconsideration of the January 31,...
OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY , District Judge . This matter is before the Court on Defendant's Motion for Summary Judgment [Doc. No. 66]. The Motion is fully briefed and a hearing on the Motion was held March 4, 2020. For the reasons set forth below, the Motion for Summary Judgment will be granted in part and denied in part. Facts and Background The following relevant facts are undisputed: Defendant Wal-Mart Stores East, LP ("Defendant" or "Walmart") employed...
MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR. , District Judge . This matter was originally filed on a short-form complaint in In re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL No. 2327 (S.D. W. Va.), on February 19, 2013. The case was transferred to this Court on October 30, 2019, and assigned to the undersigned on November 12, 2019. Defendants Johnson & Johnson and Ethicon, Inc. have moved for partial summary judgment (#23). I. Background Plaintiff Linda...
MEMORANDUM AND ORDER PATRICIA L. COHEN , Magistrate Judge . This matter is before the Court on Plaintiff's petition for award of attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412. [ECF No. 33] Plaintiff requests an award of $4,523.78, representing 22.05 hours of attorney work at a rate of $205.16 per hour. Plaintiff attaches an "Assignment of Federal Court EAJA Attorney Fee," in which he assigned any court-awarded fees to his attorney, Kristen Van Fossan. [...
MEMORANDUM AND ORDER NANNETTE A. BAKER , Magistrate Judge . This matter is before the Court on defense counsel's filing, under seal, of the last known addresses of defendants Jessica Hanner and Diane Manley. (Docket No. 54). The Court had ordered the submission of their addresses, as they are no longer employed by the Crawford County Sheriff's Department, and could not be served at that location. The Court will now direct the Clerk of Court to issue process on defendants Hanner and Manley...
MEMORANDUM AND ORDER NANNETTE A. BAKER , Magistrate Judge . This matter is before the Court on Plaintiffs' Motion to Seal or Strike Exhibit. [Doc. 125.] Defendants Special Administrative Board of the Transitional School District of the City of St. Louis ("SAB") and Thamous Wooten filed a response consenting to the motion to seal and opposing the motion to strike the exhibit. [Doc. 126.] On December 17, 2019, Defendants SAB and Wooten filed a motion for summary judgment. [Doc. 120.]...
