OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY, District Judge. This matter is before the Court on Defendant Wilted Communications, L.L.C.'s Motion to Dismiss, [Doc. No. 4]; Defendant Magellan Pipeline Company, L.P.'s Motion to Dismiss, [Doc. No. 15]; Plaintiffs' Motion for Leave to file an Amended Complaint, [Doc. No. 19]; and Defendant ARCO Midcon, L.L.C's Motion to Dismiss and Strike, [Doc. No. 28]. For the reasons set forth below, Wiltel and Magellan's Motions to Dismiss are granted...
MEMORANDUM AND ORDER RICHARD E. WEBBER, Senior District Judge. This matter comes before the Court on Plaintiff's Motion to Strike Table 1 from the August 14, 2009 Rebuttal Declaration of Christopher Ramsay, Ph.D. [doc. #291]; FURminator's Motion for Summary Judgment of Infringement as to the Accused Laube Tools [doc. # 322]; FURminator's Amended Motion for Summary Judgment of Validity over Kim Laube & Co., Inc.'s Asserted References under 35 U.S.C. 102 and 103 and 35 U.S.C. 112 [doc. #...
MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. This is an antitrust and false advertising dispute arising from defendants' refusal to deal with plaintiff and from one defendant's advertisements declaring the superior safety of its products. Plaintiff Process Controls International, Inc., doing business as Automation Service ("Automation"), remanufactures used process control equipment originally manufactured by defendant Emerson Process Management. The remanufacturing process...
ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Defendant's pre-trial Motion to Dismiss Indictment for Insufficiency and Failure to State an Offense (Doc. No. 29). Pursuant to 28 U.S.C. 636(b), this matter was referred to United States Magistrate Judge Mary Ann L. Medler, who filed a Report and Recommendation on October 25, 2010. Neither party submitted objections to the Report and Recommendation. Magistrate Judge Medler recommends that the Court grant Defendant'...
MEMORANDUM AND ORDER THOMAS C. MUMMERT, III, United States Magistrate Judge. This matter is before the Court 1 on the motion of defendant, Metro, to dismiss and for summary judgment on the claims of Plaintiff, Charles A. McNeil, that his employment was terminated because of his race, in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. 2000e to 2000e-17; his age, in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621-634; and his...
MEMORANDUM AND ORDER THOMAS C. MUMMERT, III, United States Magistrate Judge. This is an action for breach of contract and misappropriation of trade secrets brought by KV Pharmaceutical Company (Plaintiff), a Delaware corporation with its principal place of business in Missouri, against J. Uriach & CIA, S.A. (Defendant), a Spanish corporation with its principal place of business in Barcelona. Pending is the opposed motion of Defendant to dismiss for lack of personal jurisdiction and forum non...
MEMORANDUM OPINION E. RICHARD WEBBER, District Judge. This matter comes before the Court on a Non-Jury Trial to address the claims of Plaintiffs Michael J. Fleishour and Melissa Wortman's ("Plaintiffs") in their Complaint [doc. #5]. A one-day trial of Plaintiffs' claims was held before the Court on March 22, 2010. I. FINDINGS OF FACT This litigation arises out of a quiet title action by a third party against Plaintiffs Michael J. Fleishour and Melissa M. Wortman (collectively, "Plaintiffs"...
MEMORANDUM AND ORDER E. RICHARD WEBBER, District Judge. This matter comes before the Court on a Non-Jury Trial held in this case on January 11-13, 2010. The Parties filed Post-Trial Briefs [docs. # 127, 128], and Responses to said Trial Briefs [docs. # 131, 133]. This case arises out of a dispute between former employees of Total Lock & Security, Inc. ("Total Lock") and The Installers Company ("Installers") (when discussed interchangeably, "Total Lock/Installers") and Total Lock/Installers'...
MEMORANDUM OPINION MARY ANN L. MEDLER, United States Magistrate Judge. Before the court is the Motion for Summary Judgment filed by Defendant Saint-Gobain Containers, Inc. ("Defendant"). Doc. 53. Plaintiff Kathleen Marez ("Plaintiff") filed a Response. Doc. 67. Defendant filed a Reply. Doc. 70. Also before the court is Plaintiff's Motion to Strike Defendant's Exhibits A, D, E, SS, and TT. Doc. 76. The parties have consented to the jurisdiction of the undersigned United States Magistrate...
MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. Plaintiffs Shirley Phelps-Roper and Megan Phelps-Roper bring this action under 42 U.S.C. 1983 against the City of Manchester, Missouri, claiming that a Manchester city ordinance violates their First Amendment right to free speech. Plaintiffs are members of the Westboro Baptist Church in Topeka, Kansas, whose teachings include the beliefs that homosexuality is a grave sin and American society's acceptance of homosexuality prompts God'...
MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. Plaintiffs Mary Taylor and Karen Marshall bring this suit against their union and their employer to challenge their seniority ranking within American Airlines. 1 Plaintiffs seek a declaratory judgment that their seniority rights are not governed by the collective bargaining agreement and assert claims against American Airlines and its corporate parent, A.M.R. Corporation, and the Association of Professional Flight Attendants. They...
MEMORANDUM AND ORDER E. RICHARD WEBBER, District Judge. This matter comes before the Court on Defendant BNSF Railway Company's Motion for Summary Judgment [doc. # 30]. I. BACKGROUND FACTS 1 This suit arises out of injuries Plaintiff Kevin D. Cowden ("Plaintiff") allegedly sustained while riding in a locomotive owned and operated by Defendant BNSF Railway Company ("Defendant"), Plaintiff's employer. On January 14, 2008, Plaintiff, in the course of performing his job duties, was traveling...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG, District Judge. This action is before this Court 1 for judicial review of the final decision of the Commissioner of Social Security finding that Plaintiff Maria Ann Loveland was not disabled and, thus, not entitled to supplemental security income under Title XVI of the Social Security Act, 42 U.S.C. 1381-1383f. For the reasons set forth below, the decision of the Commissioner shall be reversed and the case remanded for further consideration....
MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. In a thirteen count complaint, 1 Plaintiff Percy Green, II has sued more than twenty defendants for violations of his constitutional and statutory civil rights and the Missouri common law. All claims concern his arrest at a St. Louis City School Board meeting on November 18, 2003 and his subsequent prosecution. In three separate motions, the defendants have moved for summary judgment. In the first motion, Defendants Michael Quinn, JoAnn...
ORDER DONALD J. STOHR, District Judge. Now before the Court is defendant Wild Oats Markets, Inc.'s motion for partial summary judgment [Doc. #31] directed to Count VII of plaintiff The 1861 Group, L.L.C.'s complaint. This matter has been fully briefed and is ready for disposition. Background Plaintiff filed this landlord-tenant action in the Circuit Court of St. Louis County, Missouri on February 20, 2009, alleging numerous causes of action, including ejectment, trespass, conversion,...
MEMORANDUM AND ORDER E. RICHARD WEBBER, District Judge. This matter comes before the Court on Plaintiffs' Motion for Reconsideration of the Order of February 22, 2010, In View of New and Conflicting Supreme Court Precedent and for Leave to Amend the Complaint [doc. #35]. Upon receiving Plaintiffs' Motion for Reconsideration, the Court issued an Order, vacating the previously scheduled Rule 16 Conference, and directing the Parties to submit briefs regarding the impact of Reed Elsevier v....
MEMORANDUM OPINION MARY ANN L. MEDLER, United States Magistrate Judge. This is an action under Title 42 U.S.C. 405(g) for judicial review of the final decision of Michael J. Astrue, the Commissioner of Social Security ("Defendant") denying the applications for Social Security benefits under Title II of the Social Security Act, 42 U.S.C. 401 et seq., and Supplemental Security Income ("SSI") under Title XVI of the Act, 42 U.S.C. 1381 et seq., filed by Plaintiff Kimberly J. Rosa ("...
MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter comes before the Court on Defendants' Motion for Summary Judgment on Claims for Violation of the Missouri Trade Secrets Act (Count VI) and for Breach of Contract (Count I). (Doc. No. 191). This matter has been fully briefed and is ready for disposition. 1 SUMMARY JUDGMENT STANDARD The Court may grant a motion for summary judgment if "the pleadings, depositions, answers to interrogatories, and admissions on file, together...
MEMORANDUM LIMBAUGH, District Judge. This action was removed from the Circuit Court for Franklin County, State of Missouri on or about July 8, 2009 on grounds of subject matter jurisdiction. As the case stands presently before this Court, plaintiffs seek monetary damages for a state claim for "moneys had and received" (Count I), various constitutional violations brought pursuant to 1983 (Count II), and a state claim for violations of the Missouri Merchandising Practices Act, 407.025 et....
OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY, District Judge. This matter is before the Court on Cross Motions for Summary Judgment, [Doc. No's 61 and 63]. For the reasons set forth below, Respondents' Motion is granted; Petitioners' Motion is denied. Introduction Petitioners filed this Petition for Writ of Certiorari and Civil Rights Complaint for Injunctive Relief against the City of St. Louis, the St. Louis Board of Adjustment, the individual members of the Board of Adjustment, in...
