MEMORANDUM AND ORDER AUDREY G. FLEISSIG, District Judge. This matter is before the Court on the motion of Plaintiffs Frank Ancona and other members of the Traditionalist American Knights of the Ku Klux Klan (collectively, "TAK") for preliminary injunction. (Doc. No. 3.) Plaintiffs seek to enjoin Defendant, the City of Desloge, Missouri, from enforcing a city ordinance entitled "Prohibition Against Solicitation in the Streets," City of Desloge Code of Ordinances (the "Code") 615.070, (the "...
MEMORANDUM AND ORDER E. RICHARD WEBBER, Senior District Judge. This matter comes before the Court on Defendants, City of Cuba, City of Cuba Police Department, Ralph Bayliss, Les Murdock, Maurice Grant, Harold Halbert, Faye Howard, Kenny Killeen, Kevin Copling, Kent Robinson, Paul Crow, Doug Shelton, Jason Wilkerson, and Tim Bailey's Motion for Summary Judgment [ECF No. 180]. For the reasons set forth below, their motion is granted in part, and denied in part. I. BACKGROUND On February 16,...
MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. Plaintiffs are 20 "Premise Technicians" who have brought this collective action against Southwestern Bell Telephone Company to recover unpaid overtime under the Fair Labor Standards Act. Plaintiffs contend that time spent as union representatives during various meetings and activities should be counted for purposes of calculating overtime pay. They seek back pay and liquidated damages, a permanent injunction, and a declaratory judgment....
MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. This action is before me on plaintiff Antonia Fenner's renewed motion to remand. I find remand is warranted because complete diversity did not exist at the time of filing, and defendants have failed to meet their burden of showing plaintiffs were fraudulently misjoined in order to defeat federal jurisdiction. I. Procedural History In 2005, twenty-five plaintiffs from multiple states sued various drugmakers and retailers for...
MEMORANDUM AND ORDER THOMAS C. MUMMERT, III, United States Magistrate Judge. In the remaining count of his two-count First Amended Complaint, 1 Salvador Silva ("Plaintiff") seeks to hold defendants, Metropolitan Life Insurance Company ("MetLife") and Savvis Communications Corporation ("Savvis"), liable for the amount of life insurance coverage his son signed up for before his death. 2 The life insurance benefits are part of an employee benefits plan offered by Savvis to its employees....
MEMORANDUM AND ORDER E. RICHARD WEBBER, Senior District Judge. This matter comes before the Court on Defendants Randy Martin and Jay Coleman's Motion for Summary Judgment [ECF No. 177]. For the reasons set forth below, their Motion is granted. I. BACKGROUND On February 16, 2010, Plaintiffs Sharon Pitts ("Plaintiff Pitts"), Lisa King ("Plaintiff King"), Marilyn Copling ("Plaintiff Copling"), and Daniel Pitts, (collectively, "Plaintiffs"), acting pro se, filed a complaint against twenty-...
OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY, District Judge. This matter is before the Court on Plaintiff's Motion to Dismiss Counts I, II, III, IV, and VII of the Counterclaim filed by Environmental Operations, Inc., (EOI), [Doc. No. 62]; Plaintiff's Motion to Dismiss Counts V and VI of the Counterclaim filed by EOI, [Doc. No. 63]; Defendant Geotechnology, Inc.'s Motion to Dismiss Counts I and II of EOI's Cross claim, [Doc. No. 65]; Defendant The Clayton Engineering Company's Motion...
MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court on defendants' motion to dismiss plaintiffs' amended complaint pursuant to Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure. Plaintiffs oppose the motion, and the issues are fully briefed. 1 Plaintiffs bring this action for declaratory and injunctive relief, claiming that regulations promulgated under the Patient Protection and Affordable Care Act (ACA) Pub. L. No. 111-148, 124 Stat....
ORDER AUDREY G. FLEISSIG, District Judge. This matter is before the Court on the pretrial motions of Defendant Fred W. Robinson. Defendant has filed motions to dismiss the indictment, to sever counts for separate trial, to suppress GPS evidence, and for a change of venue. Pretrial matters were referred to Magistrate Judge David D. Noce. The Magistrate Judge recommended in his Second Pretrial Order and Recommendation ("Second R & R"; Doc. No. 83), that these motions should be denied....
MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. This matter is before me on petitioner's motion for a temporary injunction under 10(j) of the National Labor Relations Act, 29 U.S.C. 160(j). Petitioner seeks an injunction barring respondent from violating several provisions of the Act pending final disposition of unfair labor practices charges currently before the National Labor Relations Board. After the issues were fully briefed, I held a hearing on October 12, 2012 to permit...
MEMORANDUM AND ORDER E. RICHARD WEBBER, Senior District Judge. This matter comes before the Court on Plaintiffs' Motion to Remand the case to state court [ECF No. 15]. I. BACKGROUND On June 8, 2012, Plaintiffs filed this product liability action against Forest Laboratories Inc., and Forest Pharmaceuticals Inc., in the Circuit Court of St. Louis County, Missouri. Six days later, on June 14, 2012, prior to either defendant being served, Forest Laboratories Inc., ("Forest") filed a Notice of...
MEMORANDUM AND ORDER NANNETTE A. BAKER, United States Magistrate Judge. This is an action under Title 42 U.S.C. 405(g) for judicial review of the Commissioner's final decision denying Donna Meyerpeter's ("Meyerpeter") applications for disability insurance benefits ("DIB") under Title II of the Social Security Act and Supplemental Security Income ("SSI") under Title XVI of the Social Security Act. Meyerpeter alleges disability due to major depressive disorder and asthma [Doc. 1], as well as...
MEMORANDUM AND ORDER JOHN A. ROSS, District Judge. This matter is before the Court on Plaintiffs' Motion for Preliminary Injunction (ECF No. 3). This matter is fully briefed and ready for disposition. BACKGROUND On September 6, 2012, Plaintiffs Frank Ancona and other members of the Traditionalist American Knights of the Ku Klux Klan (collectively, "KKK") filed a Motion for Preliminary Injunction to prohibit Defendant City of Cape Girardeau, Missouri ("Defendant") from enforcing City of...
MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR., District Judge. Plaintiff PB & J Software, LLC brought this patent infringement suit against defendant Acronis, Inc. Defendant moved to dismiss or for a more definite statement and to transfer to the United States District Court for the District of Delaware (#11). This matter has been fully briefed and is now ripe for adjudication. I. Background According to the complaint, plaintiff is the assignee of and owns all the right, title, and...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG, District Judge. Plaintiff Union Electric Company d/b/a Ameren Missouri ("Ameren") brings this action against Defendant, the United States Environmental Protection Agency ("EPA") seeking disclosure under the Freedom of Information Act, 5 U.S.C. 552 et seq. ("FOIA") of records pertaining to certain Notices of Violation issued to Plaintiff (collectively, the "NOVs"). The NOVs alert Plaintiff to the failure to obtain permits under and possible...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG, District Judge. Plaintiff Spirtas Company ("Spirtas") brings this action for a declaratory judgment and to recover damages under a commercial general liability ("CGL") insurance policy issued by Defendant Nautilus Insurance Company. Defendant has filed a counterclaim for a declaration that under the terms and/or exclusions in the Policy, Defendant owes no duty to indemnify or cover Plaintiff for any claimed loss. Now before the Court are the Parties'...
MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. Plaintiff TAMKO Building Products, Inc. is a manufacturer of roofing products. In late 2008, TAMKO's supplier of asphalt flux was unable to supply it with an adequate amount of this product, and TAMKO was forced to shut down its Frederick, Maryland facility for approximately one month. TAMKO held an insurance policy with defendant Factory Mutual Insurance Company, and it submitted a claim for the damages it allegedly suffered during...
MEMORANDUM AND ORDER E. RICHARD WEBBER, Senior District Judge. This matter comes before the Court on Plaintiff Bruce Anderson's Motion to Remand [ECF No. 8]. I. PROCEDURAL BACKGROUND Plaintiff Bruce Anderson ("Plaintiff") originally filed this suit against Defendants Shade Tree Services, Co. and Jeff Bishop ("Defendants") in the Circuit Court of St. Louis County, Missouri, asserting claims for violation of the Missouri Human Rights Act, wrongful discharge, and slander [ECF No. 1-1]....
MEMORANDUM AND ORDER E. RICHARD WEBBER, Senior District Judge. Before the Court is petitioner's post-dismissal motion to reopen this action and to amend his petition for application for writ of habeas corpus. For the following reasons, the Court will grant petitioner's motion. Factual and Procedural Background On May 10, 2011, after a guilty plea, petitioner was sentenced to one-hundred and sixty-two months' imprisonment (13.5 years) by the Warren County Circuit Court for attempted...
MEMORANDUM AND ORDER E. RICHARD WEBBER, Senior District Judge. This matter comes before the Court on Movant Kermit K. Hall's Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [ECF No. 1]. The government has filed its Response to the Motion [ECF No. 7], and Movant has filed his traverse [ECF No. 9]. I. BACKGROUND AND PROCEDURAL HISTORY On November 15, 2007, Movant Kermit K. Hall ("Hall") was indicted by a Federal Grand Jury on one count...
