MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. Plaintiff Lisa Grissom received a judgment is state court against her former employer, Loy Welker, for wrongful discharge and retaliation. Grissom filed a garnishment action against Welker's insurer, Defendant Hartford Casualty Insurance Company, in an attempt to collect on the judgment. Hartford has moved for summary judgment asserting that the state court judgment is not covered under the policy. Because the actions of Welker are not...
MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. Plaintiff Joshua Munroe was employed as a driver for a trucking company when he was involved in a serious accident. He and his wife were covered under the company's insurance policy for the tractor-trailer that he was operating. The Munroes brought suit against the truck drivers that were responsible for the accident and their employer, and they received a settlement from that insurance company. Because that recovery was insufficient...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG, District Judge. On May 8, 2008, Martin Link — who was then under a sentence of death but who has since been executed — filed a motion with the Eighth Circuit Court of Appeals seeking preauthorization for federally appointed counsel under 21 U.S.C. 848 1 and 18 U.S.C. 3006A to be compensated for work performed in pursuit of executive clemency in the State of Missouri. The Eighth Circuit Court of Appeals granted the motion, specifically "...
MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Defendant Consulting Engineers Group, Inc.'s Motion to Dismiss (ECF No. 21) and Defendant IPC, Inc.'s Motion to Dismiss (ECF No. 29). These matters are fully briefed and ready for disposition. BACKGROUND Plaintiff Westfield, LLC ("Westfield") was the property manager and contractor for the shopping center construction for the mall and parking garage structures for West County Center mall in Des Peres,...
MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Defendant Hi-Float, Inc.'s Motion to Dismiss Pursuant to Rule 9(b) and Rule (b)(6) (ECF No. 6). This matter is fully briefed and ready for disposition. BACKGROUND Relator Kirkwood Florist, Inc. ("Relator" or "Kirkwood Florist") claims that Defendant Hi-Float, Inc. ("Defendant" or "Hi-Float") has attempted to obtain an unlawful monopoly for aqueous solutions that extend gas-inflatable balloon float...
MEMORANDUM AND ORDER THOMAS C. MUMMERT, III, United States Magistrate Judge. This is a two-count civil action having its genesis in the horrific victimization of M.A. by Latasha Jewell McFarland. 1 M.A. seeks to hold defendants Village Voice Media Holdings, LLC, and Backpage.com, LLC (hereinafter collectively referred to as Backpage) liable for this victimization. Backpage moves to dismiss the amended complaint. Background McFarland was indicted in May 2010 for violations of 18 U.S.C....
MEMORANDUM AND ORDER CHARLES A. SHAW, District Judge. This matter is before the Court on plaintiff Safeco Insurance Company of America's motion for partial summary judgment on Count IV for specific performance against defendants. 1 Defendants oppose the motion. For the following reasons, the Court will grant the motion for partial summary judgment and order defendants to pay or deposit collateral with plaintiff in the amount of $1,990,070.00 no later than September 8, 2011. I....
MEMORANDUM AND ORDER DAVID D. NOCE, United States Magistrate Judge. This action is before the court on the motion of defendant American River Transportation Company for summary judgment. (Doc. 23.) The parties have consented to the exercise of plenary authority by the undersigned United States Magistrate Judge pursuant to 28 U.S.C. 636(c). (Doc. 9.) Oral arguments were heard on June 16, 2011. I. BACKGROUND On March 30, 2010, plaintiff Jack D. Ruble, II commenced this action against his...
MEMORANDUM OPINION CATHERINE D. PERRY, District Judge. Plaintiffs are numerous Peruvian children who allege that they have been injured by exposure to toxic substances from the La Oroya Complex, a metallurgical smelting and refining complex operating in La Oroya, Peru. Through their next friends, they filed these eleven actions in Missouri state court, alleging state tort claims against the American companies who they say control the mine. Defendants The Renco Group Inc., DR Acquisition...
MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court on plaintiff's motion to compel defendant to produce documents. Defendant opposes plaintiff's motion and the issues have been fully briefed. Plaintiff has also filed a motion to amend his motion to compel to which defendant has not objected. The Court will therefore consider the motion as amended. I. Background Plaintiff was employed by the defendant in its accounting department until his termination on...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG, District Judge. In this case, Plaintiff Mary Sexton claims that she was fired from her job with the City of Hannibal ("the City") at the Hannibal Convention and Visitors Bureau ("HCVB") in violation of her First Amendment rights, her equal protection rights, Missouri common law for wrongful discharge ("whistleblowing"), the Missouri Human Rights Act, and Title VII of the Civil Rights Act of 1964. Now before the Court are the motions for summary...
MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. Defendant Local 1 of the International Brotherhood of Electrical Workers moves to dismiss Counts I and II of plaintiff Ronald Johnson's complaint. 1 In Count I Johnson claims that Local 1 retaliated against Johnson for engaging in protected union speech and assembly in violation of 29 U.S.C. 411. In Count II Johnson alleges that Local 1 discriminated against him based on his race in violation of 42 U.S.C. 1981. 2 I will grant...
MEMORANDUM STEPHEN N. LIMBAUGH, JR., District Judge. Plaintiff has filed this product liability/personal injury lawsuit alleging injuries due to a defective decoiling machine. This matter is before the Court on the defendant's motion for summary judgment [31], filed March 17, 2010. Following resolution of settlement negotiations, and extensive responsive briefing, this matter is now ripe for resolution. Courts have repeatedly recognized that summary judgment is a harsh remedy that should be...
OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY, District Judge. This matter is before the Court on the Report and Recommendation, of Magistrate Judge Terry I. Adelman, that the decision of the Commissioner be reversed and remanded. Plaintiff has filed written objections to the Report and Recommendation. When a party objects to the magistrate judge's report and recommendation, the Court must conduct a de novo review of the portions of the report, findings, or recommendations to which the...
MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR., District Judge. This matter is before the Court on defendant's Motion for Summary Judgment or, in the Alternative, for Partial Summary Judgment, filed November 1, 2010(#20). Responsive pleadings have been filed, and this matter is now ripe for disposition. I. Case Summary The following facts are undisputed. 1 Plaintiff OneBeacon Insurance Company ("OneBeacon") filed its complaint on behalf of its insured, Gage Farms (a partnership consisting...
MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court on plaintiff's motion to dismiss defendant's counterclaims. Defendant has filed a response in opposition to the motion and the issues are fully briefed. I. Background The parties' dispute concerns the availability of coverage under a loan policy of title insurance issued by Lawyers Title Insurance Company (Lawyers Title) to National City Bank. 1 Plaintiff Fidelity National Title Insurance Company is...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG, District Judge. Plaintiff has filed this purported class action under the Fair Labor Standards Act and various state wage and hours statutes. This matter is presently before the Court on Defendants' Motion to Dismiss (Doc. 60). Defendants Papa John's International, Inc. and Papa John's USA, Inc. seek dismissal under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief may be granted. 1 For the reasons set forth below,...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG, District Judge. This diversity case arises out of the closing of a Hardee's franchise in Ottawa, Illinois, approximately one and one-half years before the end of a Renewal Franchise Agreement ("RFA") between the parties, Hardee's Food Systems, Inc. ("HFS") and five individuals collectively referred to herein as the Hallbecks. In response to HFS's claims for damages, the Hallbecks filed an amended counterclaim. Currently before the Court is the motion...
MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court on plaintiffs' motion for a preliminary injunction. Defendant City of St. Charles has filed a response in opposition to the motion, and the issues are fully briefed. 1 I. Background Plaintiffs Shirley L. Phelps-Roper and Megan Phelps-Roper are members of the Westboro Baptist Church in Topeka, Kansas. Plaintiffs allege that members of the church believe "that God is punishing America for the sin of...
MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Plaintiff's Motion to Remand, filed April 23, 2009. (Doc. No. 7). The matter is fully briefed and ready for disposition. BACKGROUND On or about August 18, 2008, Plaintiff Yolanda Taylor ("Plaintiff") filed her Petition for Personal Injuries and Damages ("Complaint") against Defendant Mario Lewis, a natural person, ("Defendant") in the Circuit Court for the City of St. Louis, Missouri. (Complaint, P....
