MEMORANDUM AND ORDER RONNIE L. WHITE , District Judge . This miscellaneous matter is before the Court on Secretary of Labor R. Alexander Acosta's Application for Order Authorizing the Disclosure of Patient Records (ECF No. 1). The application is fully briefed and ready for disposition. Upon review of the application and related pleadings, the Court will deny movant's Application for Order Authorizing the Disclosure of Patient Records. I. Background Sharpe Holdings, Inc. ("Sharpe") is...
MEMORANDUM AND ORDER Lead Case and Consolidated Cases AUDREY G. FLEISSIG , UNITED STATES DISTRICT JUDGE . This matter arises out of the Chapter 11 bankruptcy of Peabody Energy Corporation and its subsidiaries ("Debtors"). The United States Bankruptcy Court for the Eastern District of Missouri ("Bankruptcy Court") entered an order confirming the Debtors' plan of reorganization (the "Plan") on March 17, 2017 (the "Confirmation Order"). The Ad Hoc Committee of Non-Consenting Creditors ("Ad...
OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY , District Judge . This matter is before the Court on Defendants Motion to Dismiss Count IV of Plaintiff's Second Amended Complaint, [Doc. No. 51]. Plaintiff opposes the Motion. For the reasons set forth below, the Motion is granted. Facts and Background Plaintiff's Second Amended Complaint alleges: Express Scripts is a Pharmacy Benefit Manager ("PBM") offering a range of services to clients that include managed care organizations,...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . Currently before the Court are Plaintiff's motions for entry of final default judgment against the four remaining Defendants in the case, and for attorney's fees. Plaintiff Terry Waller brought this action for damages alleging that Defendants sexually harassed Plaintiff in violation of the Missouri Human Rights Act ("MHRA"), Mo. Rev. Stat. 213.010, et. seq. Plaintiff initially filed this action in state court against seven...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on the petition of Missouri state prisoner Brian Williams for a writ of habeas corpus pursuant to 28 U.S.C. 2254. For the reasons set forth below, federal habeas relief will be denied. BACKGROUND On February 27, 2009, Petitioner pled guilty in Missouri state court to charges in two separate cases: In Case No. 07SL-CR04300-01 (hereinafter, "CR04300-01"), Petitioner pled guilty to one count of...
MEMORANDUM AND ORDER PATRICIA L. COHEN , Magistrate Judge . Terri L. Bowen ("Plaintiff") seeks review of the decision of the Social Security Administration denying her applications for Disability Insurance Benefits and Supplemental Security Income from her alleged onset date of November 1, 2011 until July 29, 2014. 2 Because the Court finds that substantial evidence supports the decision to deny benefits for the period in question, the Court affirms the denial of Plaintiff's applications....
MEMORANDUM AND ORDER E. RICHARD WEBBER , Senior District Judge . This matter comes before the Court on Emmanuel Suarez's Motion under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody [1] and Motion for Relation Back Amendment Pursuant to Fed R. Civ. P. 15(c) for Clarification [8]. I. BACKGROUND Petitioner Emmanuel Suarez and the U.S. Government agreed the following facts could be proven beyond a reasonable doubt by the U.S. Government in trial. 1...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on petitioner's application for writ of habeas corpus pursuant to 28 U.S.C. 2254. Having carefully reviewed the record, the Court will order petitioner to show cause as to why the it should not dismiss the instant petition as time-barred under 28 U.S.C. 2244(d)(1). The Petition On August 12, 2013, petitioner pled guilty to robbery in the first degree and robbery in the second degree. On August...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . Plaintiff Edwards Terry claims in this action, filed under 42 U.S.C. 1983, that Defendants, jail officials at the jail where Plaintiff was a pre-trial detainee, violated Plaintiff's constitutional rights by their deliberate indifference to a serious risk of harm when they failed to protect Plaintiff from a sexual assault by another inmate. The matter is before the Court on Defendants' motion for summary judgment. For the reasons...
MEMORANDUM AND ORDER CATHERINE D. PERRY , District Judge . Plaintiff Pamela Mitchell prevailed on her appeal for judicial review of an adverse decision of the Social Security Administration and now requests attorney's fees under the Equal Access to Justice Act (EAJA) in the amount of $3,737.42. The Commissioner does not object to plaintiff's request for fees and asks that I order payment in the amount requested. I will grant the request. This matter came before me on plaintiff's appeal...
MEMORANDUM AND ORDER E. RICHARD WEBBER , District Judge . This matter is before the Court upon its own motion. On May 8, 2017, petitioner Frederick James Foxx filed a petition in this Court pursuant to 28 U.S.C. 2241. He sought and was granted leave to proceed in forma pauperis. In his petition, he stated he was challenging a 2014 sentence. However, he stated he was no longer in custody, and review of materials he attached as supplements to the petition revealed that the Missouri Board...
MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR. , District Judge . This case is before the Court on plaintiff's "Motion to Suspend Summary Judgment Deadlines Until the Completion of Additional Discovery, or, in the Alternative, for Extension of Time," (#37) to which defendants filed a Response in Opposition (#39). No reply was filed. Plaintiff's concern is that the deposition of defendant Preston, held on November 29, 2017, was suspended due to Preston's apparent confusion and fatigue, and...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on Petitioner James Edward Jones's motion filed under 28 U.S.C. 2255 to vacate, set aside, or correct his sentence. On September 10, 2013, Petitioner entered a plea of guilty, pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C), to three counts: (1) assault of a federal officer in violation of 18 U.S.C. 111(a), (2) brandishing a firearm in furtherance of a crime of violence in violation...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on Defendants' motion filed on November 8, 2017, for sanctions, including dismissal of the complaint, for Plaintiff's failure to prosecute. Specifically, Defendants ask for sanctions based on Plaintiff's failure to respond to discovery requests and failure to appear at his deposition scheduled for October 10, 2017. Plaintiff filed this action pro se and in forma pauperis on January 26, 2017. He...
MEMORANDUM and ORDER STEPHEN N. LIMBAUGH, JR. , District Judge . Plaintiff seeks injunctive and declaratory relief against the defendants in their official capacities pursuant to 42 U.S.C. 12132, Title II of the Americans with Disabilities Act ("ADA") relating to his requests for a "handicap cell" while confined at Southeast Correctional Center. This Court previously dismissed plaintiff's claim against the defendants under 42 U.S.C. 1983, as well as his claim against the defendants...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on pro se Plaintiff Kerry Wells's "Motion for Default Judgment." ECF No. 13. In that motion, and supporting memorandum (ECF No. 14), Plaintiff states that Defendant Charles C. McCloskey has not served an answer to Plaintiff's complaint in the time allowed. Upon review of the record, the Court notes that Plaintiff has named five Defendants in his pro se complaint for patent infringement, but...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . Before the Court is plaintiff's motion for order to show cause. After reviewing plaintiff's show cause motion, as well as plaintiff's release date, as noted in his response brief, the Court will deny plaintiff's motion without prejudice at this time. In his motion for order to show cause, plaintiff submits that he has been unable to serve defendant with process because he is indigent. In addition, plaintiff complains that three...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . Before the Court is defendant Timothy Holsten's motion to dismiss this action, brought pursuant to Fed.R.Civ.P.12(b)(6). Defendant Holsten seeks to dismiss plaintiff's complaint for failure to exhaust his administrative remedies. 1 Plaintiff has responded to defendant's motion to dismiss and requests an extension of time to file a second amended complaint. Defendant states that he acquiesces to plaintiff's request to file his...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This disability discrimination action, brought under the Missouri Human Rights Act ("MHRA"), and the Americans with Disabilities Act ("ADA"), is before the Court on (1) Defendants' motion for sanctions, under Federal Rule of Civil Procedure 11, for Plaintiff making false representation in his original and first amended complaint about the nature of his medical condition, and (2) Plaintiff's motion for leave to file a second...
OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY , District Judge . This matter is before the Court on Defendant's Motion for Summary Judgement, [Doc. No. 66]. Plaintiff opposes the Motion. For the reasons set forth below, the Motion is granted. Facts and Background Plaintiff worked for AT&T Services, Inc. ("AT&T" or "Defendant") from 2004-2012. She worked at a call center in Olivette, Missouri. Plaintiff's first position at AT&T was a service representative, and then she became a...
