MEMORANDUM AND ORDER RONNIE L. WHITE , District Judge . This matter is before the Court sua sponte. The Court ordered defendant Nicole Washington to show cause on December 19, 2019, as to why this action should not be remanded back to the state court from which it was removed. Defendant has failed to respond to the show cause order, and her time for doing so has passed. Because the state court case is closed, the Court will dismiss this action for lack of subject matter jurisdiction....
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . Plaintiffs filed this action on August 20, 2019, under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. 1132, to collect delinquent fringe benefit contributions for the period of August 1, 2016, through December 31, 2018 (Count I); and for breach of a settlement agreement relating to contributions owed for the period of January through April of 2019 (Count II). The settlement agreement provided for repayment of...
MEMORANDUM AND ORDER STEPHEN R. CLARK , District Judge . This matter comes before the Court on Defendants' Jason Iannantuoni, Helen Bidol, Adam Levy, U.S. Vision, Inc., and Nationwide Vision Center, Inc.'s Motion to Dismiss Plaintiff's Complaint [13] and Plaintiff's Motion for Extension of Time to File a Response [22]. The Court grants Defendants' Motion and dismisses Plaintiff's claims. I. BACKGROUND On May 21, 2019, Plaintiff Karen Burrow-Threlkeld filed a complaint in the Circuit...
MEMORANDUM AND ORDER NOELLE C. COLLINS , Magistrate Judge . This matter is before the Court for the purposes of case management. Currently before the Court are the parties' motions for leave to file various documents under seal (Docs. 21, 26, 29, 35). In each instance, the responsible party also filed a redacted version of the sealed document. The parties' requests largely rely on the Court's determination to grant Plaintiffs' motion for leave to file their complaint under seal. In this...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . Plaintiff Kevin Covington claims in this action filed under 42 U.S.C. 1983 that Defendants were deliberately indifferent to his serious medical needs in connection with his hypertension while he was a pretrial detainee at the St. Louis County Justice Center ("County jail"). This matter is now before the Court on Defendant Carlina Stuckey-Parchmon's motion (ECF No. 43) for summary judgment, alleging that Plaintiff failed to...
MEMORANDUM AND ORDER STEPHEN R. CLARK , District Judge . This matter comes before the Court on Defendant Daniel Isom's Motion to Dismiss Plaintiff's Complaint [124]. The Court grants the Motion. I. BACKGROUND On April 6, 2018, Plaintiff Jamal White filed a complaint in this Court alleging Defendant Adam Feaman, a police officer with the St. Louis Metropolitan Police Department, used excessive force against White in violation of the Fourth and Fourteenth Amendments of the United States...
MEMORANDUM AND ORDER JOHN M. BODENHAUSEN , Magistrate Judge . Before the Court is pro se petitioner Stanley Johnson's application for writ of habeas corpus as well as his motion to proceed in forma pauperis in this matter. ECF Nos. 1, 2. Stanley Johnson (Missouri inmate no. 532402) is currently incarcerated at the Southeast Correctional Center ("SECC") in Charleston, Missouri. As discussed below, the Court has reviewed Johnson's filings and believes that this case, although styled as...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ABBIE CRITES-LEONI , Magistrate Judge . This matter is before the Court following a one-day bench trial, upon consent of the parties pursuant to 28 U.S.C. 636(c). The action was filed pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 2671 et seq. Plaintiff Coyvell Jackson claims that the Defendant, through its agency the Department of Veterans Affairs, was negligent in failing to timely diagnose prostate cancer. Plaintiff Brenda...
MEMORANDUM and ORDER STEPHEN N. LIMBAUGH, JR. , District Judge . This matter is before the Court on defendants' motions for summary judgment [#218, #221]. The Bader plaintiffs claim their peach orchard was destroyed beginning in 2015 after defendants Monsanto Company (a company that sells crop seed and herbicide) and BASF Corporation (a company that sells herbicide) conspired to develop and market dicamba-tolerant seeds and dicamba-based herbicides. Plaintiffs claim both defendants...
MEMORANDUM AND ORDER CATHERINE D. PERRY , District Judge . Plaintiff Weibin Lam seeks leave to amend his complaint in order to add a negligence claim against Nikita Thompson, a nondiverse party and the decedent of his co-plaintiff, Nancy Thompson. Defendants Joe-K Used Cars and General Motors separately oppose Lam's motion to amend, asserting that Lam is attempting to fraudulently join the nondiverse defendant in order to divest this Court of subject-matter jurisdiction. Because Lam's...
MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . For good cause shown and no opposition having been timely filed, IT IS HEREBY ORDERED that Defendant Cincinnati Life Insurance Company's Motion for Leave to File Counterclaim and Third-Party Complaint in Interpleader is GRANTED. ECF No. 29. The Clerk of Court shall docket ECF No. 29-1 as Defendant Cincinnati Life Insurance Company's Counterclaim and Third-Party Complaint in Interpleader IT IS FURTHER ORDERED that Defendant...
MEMORANDUM AND ORDER JOHN M. BODENHAUSEN , Magistrate Judge . This matter is before the Court for review of an adverse ruling by the Social Security Administration. The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge pursuant to 28 U.S.C. 636(c). I. Procedural History On September 25, 2015, plaintiff Tracy E. filed an application for a period of disability and disability insurance benefits, Title II, 42 U.S.C. 401 et seq. (Tr. 160-...
MEMORANDUM AND ORDER NOELLE C. COLLINS , Magistrate Judge . This matter is before the Court on Plaintiff Caito Foods, LLC's ("Plaintiff") Motion to Reopen Case and for Entry of Judgment (Doc. 28). Defendants have not responded and the time to do so has elapsed. E.D. Mo. L.R. 4.01. Plaintiff requests the Court reopen the case, closed on February 21, 2019, for the purpose of entering Judgment in favor of Plaintiff (Doc. 28 at 3). In support of its request, Plaintiff argues that the parties...
MEMORANDUM AND ORDER STEPHEN R. CLARK , District Judge . IT IS HEREBY ORDERED that petitioner Cassondra Suzeth King's Motion for Appointment of Plaintiff ad Litem [Doc. 2] is GRANTED. IT IS FURTHER ORDERED that Susan Christine Mullen is hereby appointed as plaintiff ad litem for the purpose of filing this lawsuit, and without prejudice to the rights of others to seek plaintiff ad litem status. So Ordered.
MEMORANDUM AND ORDER PATRICIA L. COHEN , Magistrate Judge . This matter is before the Court on review of petitioner Harold S. Dykes' petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner has neither paid the filing fee nor submitted a motion to proceed in forma pauperis. See 28 U.S.C. 1915(a). Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall mail to petitioner a copy of the Court's Motion to Proceed in Forma Pauperis form. IT IS FURTHER ORDERED...
MEMORANDUM AND ORDER NOELLE C. COLLINS , Magistrate Judge . This matter is before the Court upon its own motion. All matters are pending before the undersigned United States Magistrate Judge, with consent of the parties, pursuant to 28 U.S.C. 636(c). For the reasons explained below, petitioner Tyreshia R. Batemen's Petition for Writ of Habeas Corpus will be dismissed as time-barred. On July 5, 2019, petitioner filed a petition in this Court pursuant to 28 U.S.C. 2254, seeking to...
ORDER STEPHEN R. CLARK , District Judge . This matter is before the Court on Defendant's Motion to Suppress Evidence and Statements Obtained as Result of Search or Seizure [24]. Pursuant to 28 U.S.C. 636(b), all pretrial motions were referred to United States Magistrate Judge Abbie Crites-Leoni. In his Motion to Suppress, Defendant alleges that the informant whose information provided the probable cause for issuance of a Search Warrant for his home was not reliable. Defendant further...
MEMORANDUM AND ORDER JOHN A. ROSS , District Judge . This matter is before the Court on Plaintiff's motion for attorneys' fees (Doc. No. 20) and motion for bill of costs (Doc. No. 21). Defendant opposes the motion and objects to Plaintiff's calculation of costs and fees. (Doc. No. 24). Plaintiff filed a reply. (Doc. No. 27). Accordingly, the matter is fully briefed and ready for disposition. For the reasons set forth below, Plaintiff's motion for attorney's fees will be granted in part...
MEMORANDUM AND ORDER SARAH E. PITLYK , District Judge . This matter comes before the Court on Plaintiff's motion for an extension of time to complete discovery (ECF #22), which is in response to Defendants' pending motion for summary judgment (ECF #17). Plaintiff's motion is DENIED without prejudice for failure to comply with Federal Rule of Civil Procedure 56(d). Rule 56(d) requires a litigant seeking time to conduct additional discovery before filing a response to a motion for...
MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR. , District Judge . The Commissioner of the Social Security Administration denied plaintiff Dina Baker's applications for disability insurance benefits and supplemental security income benefits under Title II of the Social Security Act, 42 U.S.C. 401, et seq. and Title XVI of the Social Security Act, 42 U.S.C. 1381, et seq. Baker now seeks judicial review. The Commissioner opposes the motion. The issues being fully briefed, and for...
