MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on Defendant Mercy Hospitals East Communities' ("Mercy") motion for reconsideration. In its March 2, 2018 Memorandum and Order (the "Memorandum and Order"), ECF No. 133, the Court granted summary judgment in favor of Defendants on all of Plaintiff's claims except for two breach of contract claims asserted against Mercy. These two claims arose out of the way that Mercy attempted to collect money owed...
OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY , District Judge . This matter is before the Court on Defendant's Bill of Costs, [Doc. No. 186]. Plaintiffs oppose the motion. For the reasons set forth below, Defendant's Bill of Costs will be approved, as provided herein. Facts and Background Plaintiffs alleged that while working at the neighboring Calumet facility, Teddy was exposed to harmful substances allegedly emitted from a smokestack at Dyno Nobel's Plant. Plaintiffs asserted...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . In this action initially filed in state court, Plaintiff Rebecca Jordan seeks to recover from Defendant damages related to a policy of underinsured motor vehicle coverage arising out of an April 13, 2016, motor vehicle collision. Defendant removed the case to this Court, asserting diversity jurisdiction pursuant to 28 U.S.C. 1332(a). Plaintiff has now filed a motion to remand and attached a signed and binding "Stipulation...
MEMORANDUM AND ORDER NOELLE C. COLLINS , Magistrate Judge . This matter is before the Court on Plaintiff's Motion for Leave to File Second Amended Complaint. (Doc. 18.) Defendant has not responded to the Motion, and the time for doing so has lapsed, so the Motion is ripe 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. 9.) For the following reasons, the Motion will be GRANTED. As a...
MEMORANDUM AND ORDER JOHN A. ROSS , District Judge . This matter is before the Court on Defendant Express Scripts, Inc.'s ("ESI") Motion to Dismiss for lack of subject-matter jurisdiction. (Doc. 52.) Plaintiff Heartland Medical, LLC ("Heartland") has responded in opposition (Doc. 58), and ESI has replied (Doc. 59). BACKGROUND In its initial complaint, Heartland alleged that ESI wrongfully terminated its contract to distribute over-the-counter diabetic testing supplies to individuals...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This First Amendment retaliation case is before the Court on the pro se Plaintiff's "Supplemental Memorandum and Motion to Order" (ECF No. 107), in which Plaintiff requests that the sole remaining Defendant, Leslie Semar, produce unredacted copies of certain documents that Semar produced as part of his initial disclosures under Federal Rule of Civil Procedure 26(a)(1). These documents relate to the investigation of Plaintiff's...
AMENDED MEMORANDUM AND ORDER JOHN A. ROSS , District Judge . This matter is before the Court on Defendants' Motion for Reconsideration (Doc. 138) of the Court's March 29, 2018, Order granting Plaintiff's Motion for Partial Summary Judgment (Doc. 137). I. Procedural History On March 29, 2018, the Court issued a memorandum and order denying Defendants' Motion for Summary Judgment as to the claims of Plaintiff Mario Berry, but the order did not mention the factually distinct claims of...
MEMORANDUM AND ORDER JOHN M. BODENHAUSEN , Magistrate Judge . This matter is before the Court on defendant's motion for summary judgment. Appointed counsel has filed a response in opposition on plaintiff's behalf and the issues are fully briefed. In addition, plaintiff has filed a motion to strike portions of the affidavit of Bruce R. Bacon, M.D., submitted by defendant. 1 The Court has not relied on the portions of Dr. Bacon's affidavit that plaintiff moves to strike and the motion will...
MEMORANDUM AND ORDER CATHERINE D. PERRY , District Judge . Movant George Brown has once again filed a motion under Rule 60(b), in this civil case, again seeking to re-litigate his 2006 criminal conviction. Brown represented himself at a jury trial and was convicted of possession with intent to distribute five grams or more of cocaine base. Case No. 1:05CR178. His conviction and sentence were affirmed on appeal. United States v. Brown, 499 F.3d 817 (8th Cir. 2007). I denied his motion...
MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR. , District Judge . This matter is before the Court on petitioner Cheryl L. Cooper's petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The petition appears to be time-barred, and the Court will order petitioner to show cause why it should not be summarily dismissed. In July 2015 petitioner was charged with one count of distributing, delivering, manufacturing, producing or possession with intent to distribute, deliver,...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . Plaintiff Sonia Kuessner filed this civil action seeking money damages for unreasonable seizure against Scott County Deputy Sheriff Justin Wooten under 42 U.S.C. 1983, and the Fourth and Fourteenth Amendments to the United States Constitution. The case is now before the Court on Wooten's motion for summary judgment. ECF No. 21. For the reasons set forth below, the motion for summary judgment will be granted. BACKGROUND The...
MEMORANDUM AND ORDER SHIRLEY PADMORE MENSAH , Magistrate Judge . This matter is before the Court on Plaintiff's Motion for Entry of Clerk's Default, (Doc. 8), Defendant's Response to that motion, (Doc. 9), and Plaintiff's Reply (Doc. 10). Plaintiff filed a motion for entry of clerk's default against Defendant Sapphire Bakery Company, LLC on December 14, 2018. On December 17, 2018, Defendant filed a response, in which they indicated that they had misunderstood the time allotted to answer...
MEMORANDUM AND ORDER CATHERINE D. PERRY , District Judge . This matter is before me on movant Keenan Thomas's response to my December 11, 2018 Order directing him to show cause why his motion to vacate, set aside or correct sentence under 28 U.S.C. 2255 should not be dismissed as untimely. After reviewing and considering movant's response, I have determined to dismiss the motion without further proceedings. Background On March 25, 2015, movant pleaded guilty to being a felon in...
MEMORANDUM AND ORDER NOELLE C. COLLINS , Magistrate Judge . This matter is before the Court on Defendant Brothers Enterprises, Inc. and Defendant Rashid S. Ali's Joint Motion for Leave to File Answer to Second Amended Complaint. (Doc. 28.) Defendants concurrently filed their Memorandum in Support. (Doc. 29.) Plaintiff has not responded to the Motion, and the deadline for doing so has passed, so this Motion is ripe for disposition. For the following reasons, Defendants' Motion will be...
MEMORANDUM AND ORDER JOHN A. ROSS , District Judge . This matter is before the Court on Plaintiffs unopposed motion for approval of Fair Labor Standards Act ("FLSA") collective action settlement (Doc. No. 42), and the parties' joint motion for leave to file under seal the confidential settlement agreement and memorandum in support of the unopposed motion (Doc. No. 40). Plaintiff seeks approval of the Court to settle his FLSA claims on his own behalf and on behalf of 23 other individuals...
OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY , District Judge . This matter is before the Court is Plaintiff's motion to remand, [Doc. No. 13]. Defendants oppose the Motion. For the following reasons, the motion is granted. Facts and Background Plaintiff was employed by Defendants in the housekeeping department for approximately 14 years prior to the termination of employment. Plaintiff filed this action in the Circuit Court for the City of St. Louis Missouri alleging violation of...
MEMORANDUM AND ORDER CATHERINE D. PERRY , District Judge . Defendants move to dismiss this lawsuit for plaintiff's failure to follow discovery related orders and provide initial disclosures. 1 In accordance with Fed. R. Civ. P. 41(b), I will grant the motions to dismiss with prejudice because of plaintiff's repeated failure to comply with Court orders and prosecute discovery in this case. Plaintiff brought this lawsuit under 42 U.S.C. 1983 against several defendants alleging Eighth...
MEMORANDUM AND ORDER RONNIE L. WHITE , District Judge . This matter is before the Court on the parties' Joint Motion to Stay. (ECF No. 24) The parties request the Court stay the case pending the Court's resolution of Plaintiffs Motion to Remand. (ECF No. 20) In the interests of judicial economy and to preserve parties' resources, the Court will stay this case pending resolution of the City's Motion to Remand. Accordingly, IT IS HEREBY ORDERED that the parties' Joint Motion to Stay (ECF...
MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR. , District Judge . This matter comes before the Court on CAA Sports LLC's motion to seal (#4), which has been fully briefed by the parties. For the reasons set forth below, the motion will be GRANTED IN PART and DENIED IN PART. I. BACKGROUND CAA Sports files this action under the Federal Arbitration Act, 9 U.S.C. 1 et. seq., seeking to vacate an arbitration award between it and defendant, Ben Dogra. Dogra, a former sports agent for CAA...
MEMORANDUM AND ORDER JOHN A. ROSS , District Judge . This matter is before the Court on Plaintiff's Motion for Remand. (Doc. No. 15). The motion is fully briefed and ready for disposition. Background On June 26, 2018, Plaintiff filed a petition for damages against Defendants General Motors ("GM") and Jerrail Johnson based on violations of the Missouri Human Rights Act ("MHRA") in the Circuit Court of St. Charles County. (Pet., Doc. No. 7). She filed her First Amended Petition on August...
