MEMORANDUM LEWIS M. BLANTON, United States Magistrate Judge. This is an action under 42 U.S.C. 405(g) for judicial review of defendant's final decision denying the application of Anna E. Becker for Disability Insurance Benefits under Title II of the Social Security Act and Supplemental Security Income under Title XVI of the Act. This case has been assigned to the undersigned United States Magistrate Judge pursuant to the Civil Justice Reform Act and is being heard by consent of the...
MEMORANDUM AND ORDER E. RICHARD WEBBER, Senior District Judge. This matter comes before the Court on Defendant BNSF Railway Company's Motion for Summary Judgment [ECF No. 120]. I. STATEMENT OF UNDISPUTED FACTS The following is a recitation of undisputed facts taken from BNSF Railway Company's Statement of Uncontroverted Material Facts in Support of its Motion for Summary Judgment [ECF No. 124], Plaintiff's Statement of Material Facts in Response to BNSF's Motion for Summary Judgment [ECF...
MEMORANDUM AND ORDER E. RICHARD WEBBER, Senior District Judge. This matter comes before the Court on Defendant BNSF Railway Company's Motion in Limine [ECF No. 180], Defendant BNSF's Motion in Limine to Extend the Rulings as to Alan Blackwell to All Witnesses [ECF No. 181], Defendant's Motion in Limine to Exclude the Supervisor's Report of BNSF Employee Injury/Illness [ECF No. 182], Defendant's Motion in Limine Regarding Kenny Scammell and Greg Willard and Their Declarations [ECF No. 183],...
MEMORANDUM AND ORDER E. RICHARD WEBBER, Senior District Judge. This matter comes before the Court on a "Motion to Dismiss" filed by Defendants Northeast Ambulance and Fire Protection District ("Fire District"), Derek Mays, Clarence Young, Bridget Quinlisk-Dailey, Robert Lee, Quinten Randolph, and Kenneth Farwell (Fire District and individual defendants moving for dismissal collectively referred to as "Defendants") [ECF No. 9]. I. BACKGROUND On July 2, 2013, Plaintiff Stevon Anzaldua ("...
MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the court on the Motion to Dismiss filed by Defendants United States Department of Health and Human Services, Kathleen Sebelius, in her official capacity as the Secretary of the United States Department of Health and Human Services, United States Department of the Treasury, Jacob J. Lew, in his official capacity as Secretary of the United States Department of the Treasury, United States Department of Labor, and...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG, District Judge. This is an action for copyright infringement brought pursuant to the Copyright Act, 17 U.S.C. 502 et seq. Now before the Court is Defendant K-VA-T Food Stores, Inc.'s motion to dismiss Plaintiff N.C.C. Motorsports, Inc.'s complaint for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2) and 28 U.S.C. 1391(c). For the reasons set forth below, the motion will be granted. I. BACKGROUND For...
MEMORANDUM AND ORDER JOHN A. ROSS, District Judge. This matter is before the Court on Plaintiffs' Motions for Partial Summary Judgment as to Employment Status [ Gray ECF No. 209; Wells ECF No. 113], Defendant FedEx Ground Package System, Inc.'s Consolidated Motion for Summary Judgment [ Gray ECF No. 212; Wells ECF No. 122], and Plaintiffs' Consolidated Objections to and Motions to Strike Defendant's Consolidated Response to Plaintiffs' Omnibus Statements of Uncontroverted Facts [ Gray...
MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. Plaintiff Edward Miles was denied Supplemental Security Income benefits by the Commissioner of Social Security. This matter was referred to United States Magistrate Judge Frederick R. Buckles for a Report and Recommendation (Report) pursuant to 28 U.S.C. 636(b). Judge Buckles issued his Report on May 30, 2013 which recommended that the case be remanded to the Commissioner for further proceedings. Judge Buckles found that the...
MEMORANDUM AND ORDER THOMAS C. MUMMERT, III, United States Magistrate Judge. This 42 U.S.C. 405(g) action for judicial review of the final decision of Carolyn W. Colvin, the Acting Commissioner of Social Security (Commissioner), denying the applications of Melvin McKinney (Plaintiff) for disability insurance benefits (DIB) under Title II of the Social Security Act (the Act), 42 U.S.C. 401-433, and for supplemental security income (SSI) under Title XVI of the Act, 42 U.S.C. 1381-1383b,...
MEMORANDUM AND ORDER OF UNITED STATES MAGISTRATE JUDGE TERRY I. ADELMAN, United States Magistrate Judge. This cause is on appeal from an adverse ruling of the Social Security Administration. The suit involves Applications for Disability Insurance Benefits under Title II of the Social Security Act and for Supplemental Security Income under Title XVI of the Act. Claimant has filed a Brief in Support of his Complaint, and the Commissioner has filed a Brief in Support of her Answer. The parties...
MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. Plaintiff was injured in two car accidents. 1 The first one took place on December 3, 2003, while plaintiff was driving her 1984 Nissan Turbo. Plaintiff sued the allegedly negligent driver in state court, settled, and recovered the policy limits of $25,000 from the driver's insurance carrier. However, she claims damages in excess of that amount. At the time of the accident, plaintiff was insured under a policy issued by defendant...
MEMORANDUM AND ORDER CHARLES A. SHAW, District Judge. This declaratory judgment matter is before the Court on plaintiffs' Motion for Judgment on the Pleadings. Defendant St. Louis Heart Center, Inc. ("St. Louis Heart") opposes the motion, and its opposition is joined in by defendant Harris Medical Associates, LLC ("Harris Medical"). The motion is fully briefed and ready for decision. For the following reasons, the motion will be denied. Background Plaintiffs filed this action seeking a...
MEMORANDUM AND ORDER OF REMAND DAVID D. NOCE, Magistrate Judge. This action is before the court on the motions (a) of defendants Certain Underwriters at Lloyd's of London, Burns & Wilcox, Ltd., and Michael L. Ehrhardt to dismiss defendants Burns & Wilcox, Ltd., and Michael J. Ehrhardt and (b) of plaintiff Rico Ayuso to remand. (Docs. 8, 19.) 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....
MEMORANDUM AND ORDER AUDREY G. FLEISSIG, District Judge. Plaintiff Benjamin W. Wagner, proceeding pro se, brings this action pursuant to 42 U.S.C. 1983 alleging that during his confinement at the Saint Louis City Justice Center he failed to receive delivery of his mail, has not been provided with eyeglasses and has had difficulty accessing the law library. Now before the Court are Plaintiff's motions for a default judgment against Defendant Leonora Hatter ("Defendant Hatter"), for...
MEMORANDUM AND ORDER JOHN A. ROSS, District Judge. This matter is before the Court on Plaintiff's Motion for the Appointment of Counsel. [ECF No. 27] For the following reasons, Plaintiff's motion will be denied without prejudice. The appointment of counsel for an indigent pro se plaintiff lies within the discretion of the Court, since there is no constitutional or statutory right to appointed counsel in civil cases. Phillips v. Jasper County Jail , 437 F.3d 791 , 794 (8th Cir.2006) (...
MEMORANDUM LEWIS M. BLANTON, Magistrate Judge. This is an action under 42 U.S.C. 405(g) for judicial review of defendant's final decision denying the application of Angela Stricklan for Supplemental Security Income under Title XVI of the Social Security Act. This case has been assigned to the undersigned United States Magistrate Judge pursuant to the Civil Justice Reform Act and is being heard by consent of the parties. See 28 U.S.C. 636(c). Plaintiff filed a Brief in support of the...
MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Plaintiff William E. Franke's Motion for Attorneys' Fees, filed March 18, 2013. (ECF No. 195). The motion is fully briefed and ready for disposition. BACKGROUND Plaintiff William E. Franke ("Franke") is the founder, President, Chief Executive Officer, and owner of Gannon International, a Missouri corporation with a family of affiliated corporations, partnerships, and joint ventures around the world....
MEMORANDUM AND ORDER OF FINAL APPROVAL OF SETTLEMENT AUDREY G. FLEISSIG, District Judge. This matter is before the Court on the motion of Plaintiffs Nancy Albright and Sarah Rodhouse ("Plaintiffs") for Final Approval of Class Action Settlement. In this case, Plaintiffs asserted a single claim against Defendant, the Bi-State Development Agency of the Missouri — Illinois Metropolitan District ("MetroLink"), for willful violation of the Fair and Accurate Credit Transactions Act ("FACTA"), 15 U....
MEMORANDUM AND ORDER REGARDING ATTORNEY'S FEES AUDREY G. FLEISSIG, District Judge. This matter is before the Court on the motion of Plaintiffs Nancy Albright and Sarah Rodhouse, individually and as the representatives of a class of similarly situated persons, for approval of their requests for attorney's fees on behalf of Plaintiffs' counsel ("Class Counsel"), costs and incentive payments to each of the class representatives. The motion is fully briefed and the parties presented argument to...
MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court on the motion for summary judgment filed by defendants Missouri Department of Corrections (MDOC), Ronald Cowley, Kyle Webb, and George Lombardi; the motion for summary judgment filed by defendants Corizon, Inc. (Corizon) and Dr. Charles Chastain; and the motion to bifurcate filed by plaintiff. The parties have filed memoranda, and the issues are fully briefed. I. Background Plaintiff brings this...
