OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY , District Judge . This matter is before the Court on the Order and Recommendation of Magistrate Judge David D. Noce addressing Defendant Szczerba's Motions to Suppress Evidence, [Doc. No.'s 23, 65 and 97], Defendant Szczerba's Motion to Suppress Physical Evidence obtained during the search of a hotel room, [Doc. No. 85], Defendant Szczerba's Motion to Suppress Evidence obtained during the search of a motor vehicle, [Doc. No. 86], and...
OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY , District Judge . Petitioner filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 [Doc. No. 1] on October 25, 2013. On January 22, 2014, Defendant filed his Response To Order To Show Cause Why a Writ of Habeas Corpus Should Not be Granted [Doc. No. 8]. Pursuant to Rule 8 of the Rules Governing Section 2254 Cases in the United States District Courts, this Court has determined that there are no issues asserted...
MEMORANDUM AND ORDER JOHN A. ROSS , District Judge . This matter is before the Court on Plaintiff Regina F. Goines's motion to remand this action to the Circuit Court for the City of St. Louis, Missouri, from which it was removed by Defendant Permanent General Assurance Corporation (Doc. 6). The motion is fully briefed and ready for disposition. For the following reasons, the Court will grant the motion in part, and deny the motion in part. Background On June 28, 2016, Plaintiff filed...
MEMORANDUM AND ORDER CAROL E. JACKSON , District Judge . This matter is before the Court on plaintiff's and defendant's motions to exclude expert evidence, filed pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Additionally, plaintiff has filed a motion to enforce prior Daubert orders [Doc. #112] entered by the MDL court. The parties have responded to the motions, and the issues are fully briefed. I. Background This case arises out of the injuries...
MEMORANDUM AND ORDER JOHN A. ROSS , District Judge . This matter is before the Court on Defendant Kent Melcher's Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim (Doc. 11). The motion is fully briefed and ready for disposition. For the following reasons, the Court will grant the motion in part, and direct Plaintiff to file an amended complaint. I. Background The complaint allegations, in the light most favorable to Plaintiff Joe Hand Promotions Inc....
OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY , District Judge . This matter is before the Court on Plaintiffs Motion for Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction, [Doc. No. 3]. Defendants oppose the Motion. The Court conducted a hearing on the Motion on November 18, 2016, at which all parties were represented by counsel. Arguments were heard at the hearing; no evidence was presented. For the reasons set forth below, Plaintiffs Motion for Temporary...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on the motion of Michael Bass to supplement his motion to vacate his conviction and sentence. After reviewing movant's motion, it is apparent he is seeking reconsideration of the Court's September 22, 2016 Order denying his motion to vacate and dismissing this action. His motion for reconsideration will be denied. In his motion for reconsideration, movant argues, once again, that he is entitled to...
MEMORANDUM AND ORDER CATHERINE D. PERRY , District Judge . Plaintiffs bring this case under 42 U.S.C. 1983, alleging that their constitutional rights were violated by a police search of their home pursuant to a search warrant and by a city building inspection conducted after that search. Defendants are detective Ronald Vaughan, who obtained the search warrant; building inspector Hershell Wallace, who conducted the home inspection; and the City of St. Louis, Missouri. Both sides have...
MEMORANDUM AND ORDER ABBIE CRITES-LEONI , Magistrate Judge . Plaintiff Mary Cole claims that, during her hospitalization on May 30-31, 2013, she was discriminated against on the basis of her disability and retaliated against by Defendant St. Francis Medical Center, in violation of the Missouri Human Rights Act ("MHRA"), the Americans with Disability Act ("ADA"), and Section 504 of the Rehabilitation Act of 1973. Defendant has filed a Motion for Partial Summary Judgment as to Counts I, II,...
REPORT AND RECOMMENDATION ABBIE CRITES-LEONI , District Judge . This matter was referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. 636(b). Pending before the undersigned is Defendant Julius Lamon Jones' Motion to Suppress Evidence and Statements. (Doc. 27.) Jones argues that an officer did not have reasonable suspicion to justify a Terry stop of the Cadillac Escalade in which he was a passenger based on an anonymous 911 tip. Jones requests the suppression...
ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on certain joint pretrial motions 1 filed by Defendants Mark Palmer, Anthony Palmer, Samuel Leinicke, Charles Wolfe, and Robert Wolfe. Defendants are charged with multiple conspiracies to traffic in controlled substances and controlled substance analogues (Count I), to introduce and receive misbranded drugs (Count II), to launder money (Count III), to import controlled substances and controlled substance analogues...
MEMORANDUM AND ORDER CATHERINE D. PERRY , District Judge . Plaintiff alleges that defendant debt collector obtained a default judgment against him in Missouri associate circuit court for $891.04. In a subsequent garnishment action, defendant allegedly increased the total amount to include additional costs that were not awarded in the default judgment, in violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. Defendant moves to dismiss the action, arguing that...
MEMORANDUM AND ORDER CAROL E. JACKSON , District Judge . In accordance with the plaintiff's request for dismissal [Doc. # 145], IT IS HEREBY ORDERED that the Clerk of Court shall make an entry in the docket record reflecting the dismissal of this action with prejudice. See Fed. R. Civ. P. 41(a)(2). The parties shall bear their own costs.
MEMORANDUM AND ORDER CATHERINE D. PERRY , District Judge . Defendants Roofpros, Inc., and Web.com Group, Inc., used plaintiff John Beal, Inc.'s tradename and logo in their online advertising to solicit business from homeowners who believed they were doing business with and requesting a quote from plaintiff, a roofing contractor, when in fact they were not. Because plaintiff has sufficiently pled a claim of trademark infringement in Count I of its amended petition, I will deny Web.com's...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . Upon due consideration of the parties' representations as set forth in their responses (Doc. No. 86 & 87) to the Court's Order to Show Cause entered November 23, 2016 (Doc. No. 85), and pursuant to the Court's October 13, 2016 Order (Doc. No. 73), which imposed time and geographic limitations and which further limited the scope of the present discovery dispute to only those claim files for incidents which resulted in fatalities,...
MEMORANDUM AND ORDER ABBIE CRITES-LEONI , Magistrate Judge . Plaintiff moves for additional time to respond to the Court's Order dated November 7, 2016, in which the Court directed him to submit the correct name for defendant M. Boldin. He also requests additional time to respond to defendant Hudgens's answer. The motion is granted in part. Plaintiff has until December 21, 2016, to learn Boldin's correct name. However, the Federal Rules do not permit a reply to an answer without a court...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on the petition of Arizona Hall, Jr., for a writ of habeas corpus under 28 U.S.C. 2254. The petition is untimely, and it is dismissed. On June 27, 2013, a jury convicted Petitioner of second-degree domestic assault. Missouri v. Hall, No. 0922-CR01820-01 (City of St. Louis). The court sentenced him to ten years' imprisonment. Petitioner is currently on parole. Petitioner filed a timely notice...
MEMORANDUM AND ORDER PATRICIA L. COHEN , Magistrate Judge . Jason Trucks ("Plaintiff") seeks review of the Social Security Administration's ("SSA") decision denying his applications for Disability Insurance Benefits and Social Security Income under the Social Security Act. 1 Because the Court finds that substantial evidence supports the decision to deny benefits, the Court affirms the denial of Plaintiff's applications. I. Background and Procedural History In November 2011, Plaintiff...
MEMORANDUM AND ORDER NOELLE C. COLLINS , Magistrate Judge . This matter is before the Court on the Motion for Summary Judgment submitted by Defendants George A. Lombardi and Leon Miller ("Defendants") (Doc. No. 60). Plaintiff has not responded and the time for doing so has expired. 1 Accordingly, the Motion is fully briefed and ready for disposition. The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge pursuant to 28 U.S.C. 636(c)(1) (Doc. No....
MEMORANDUM AND ORDER JEAN C. HAMILTON , District Judge . This matter is before the Court on Plaintiffs LC Franchisor, LLC's and LC Corporate, LLC's ("Valley Beef") Motion for Attorneys' Fees, Costs, Expenses, and Expert Fees. (ECF No. 118.) Defendant Valley Beef, LLC ("Valley Beef") has filed a Memorandum in Opposition to Plaintiffs' Motion (ECF No. 125), and the matter is ready for disposition. BACKGROUND On March 1, 2015, upon notifying Valley Beef of its intent to terminate the...
