MEMORANDUM AND ORDER HOWARD F. SACHS, District Judge. This court-tried case has been returned by the Court of Appeals for reconsideration of the $1 million damage award to Calvin Kingman, a quadriplegic, because of the loss of nursing services from his wife Paula Kingman resulting from her shoulder injury at defendant's store. The factual findings and several of my legal conclusions were affirmed, but the large, unprecedented recovery under the consortium claim was reversed. On new briefing,...
MEMORANDUM AND ORDER HOWARD F. SACHS, District Judge. Before the court is plaintiff's motion to remand this case pursuant to 28 U.S.C. 1447. Also, before the court is defendant's motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(1) and 12(b)(6). For the reasons set forth below, the motion to remand will be granted; thereby rendering the motion to dismiss moot. Factual and Procedural Background Plaintiff, on behalf of others similarly situated, filed suit against defendant, Humana Health...
ORDER NANETTE K. LAUGHREY, District Judge. Plaintiffs Shannon Graham, Jason Street, and all others similarly situated ("Plaintiffs") have sued Defendant Town & Country Disposal of Western Missouri, Inc., for violation of the Federal Labor Standards Act ("FLSA"), 29 U.S.C. 201-219 (2006). Pending before the Court are cross-motions for summary judgment [Docs. ## 141, 143]. For the following reasons, the Court denies Plaintiffs' motion for partial summary judgment [Doc. # 143] and grants Town...
ORDER NANETTE K. LAUGHREY, District Judge. This case concerns the sale by Missouri of its driver's license database to Worldwide Information, Inc. ("Worldwide"), which in turn markets the personal information to third parties. The first question presented is whether the Driver's Privacy Protection Act ("DPPA") permits a reseller to obtain drivers license information from a state when its sole purpose is to resell the information to third parties. The second question presented is whether a...
ORDER NANETTE K. LAUGHREY, District Judge. This case concerns the sale by various states of their driver's license databases to Defendant West Publishing Corp. ("West"), which then disseminates the personal information to third parties. The first question presented is whether the Driver's Privacy Protection Act ("DPPA") permits a reseller to obtain driver's license information from a state when its sole purpose is to resell the information to third parties. The second question presented is...
ORDER NANETTE K. LAUGHREY, District Judge. Before the Court are the Motion for Summary Judgment [Doc. # 100] filed by Defendant LegalZoom.com, Inc. ("Legal-Zoom"), as well as the Motion for Partial Summary Judgment [Doc. # 88], Motion to Exclude Expert Testimony [Doc. #86], and Motion to Strike [Doc. # 114] filed by the representative Plaintiffs in this class action. For the following reasons, the Court grants LegalZoom's Motion for Summary Judgment with respect to Plaintiffs' claims as they...
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ROBERT E. LARSEN, United States Magistrate Judge. Plaintiff Brenda S. Proctor seeks review of the final decision of the Commissioner of Social Security denying plaintiff's two applications: an application for disability insurance benefits under Title II of the Act, 42 U.S.C. 401, et seq. (Tr. 95-97), and an application for supplemental security income (SSI) benefits based on disability under Title XVI of the Act, 42 U.S.C. 1381, et...
SUMMARY JUDGMENT ORDER GREG KAYS, District Judge. This case is a putative class action brought under the Missouri Second Mortgage Loan Act ("MSMLA"). Plaintiffs Michael and Sharron Mayo allege they were charged illegal fees at closing in connection with their residential second mortgage loan, and they are suing the various companies who subsequently acquired or serviced their loan. Before the Court are the Defendants' various motions for summary judgment. 1 The motions are GRANTED IN PART....
ORDER NANETTE K. LAUGHREY, District Judge. Plaintiff Nena Hammond and, by and through their guardians or next friend, Plaintiffs Steven Hiltibran, Nicholas Tatum, and Ronald Coontz, seek declaratory and injunctive relief against Defendants Ronald J. Levy, in his official capacity as Director of the Missouri Department of Social Services, and Ian McCaslin, in his official capacity as Director of the MO HealthNet Division, to enjoin them from denying Medicaid coverage of Plaintiffs'...
ORDER NANETTE K. LAUGHREY, District Judge. Plaintiff Missouri Beverage Company, Inc. ("MoBev"), has sued Defendant Shelton Brothers, Inc. ("Shelton"), for violation of the Missouri franchise law. Pending before the Court are cross-motions for summary judgment [Docs. ## 35, 37]. For the following reasons, the Court DENIES MoBev's motion for partial summary judgment [Doc. # 37] and GRANTS Shelton's motion for summary judgment [Doc. # 35]. I. Factual Background 1 MoBev is a Missouri...
ORDER SARAH W. HAYS, United States Magistrate Judge. I. BACKGROUND On October 2, 2009, plaintiff, Interstate Bakeries Corporation, ("IBC") filed a Complaint for Declaratory Judgment against OneBeacon Insurance Company ("OneBeacon") seeking to establish that OneBeacon has a duty to defend and pay IBC's defense costs in litigation pending in the United States District Court for the Northern District of Georgia, Flowers Bakeries Brands, Inc. v. Interstate Bakeries Corporation, Case No....
ORDER NANETTE K. LAUGHREY, District Judge. Pending before the Court is Plaintiff Shirley I. Smith's ("Smith") Social Security Complaint [Doc. # 1]. Smith seeks judicial review of the Social Security Commissioner's ("Commissioner") denial of her request for disability insurance benefits and supplemental security income benefits under Titles II and XVI of the Social Security Act ("Act"), 42 U.S.C. 1381, et seq., for the period November 8, 2002 through January 18, 2008. After the Appeals...
ORDER NANETTE K. LAUGHREY, District Judge. Plaintiffs bring this action under 42 U.S.C. 1983, seeking declaratory and equitable relief based on the refusal to pay certain death benefits. The named Defendants are Deborah Scott, the Public School Retirement System of Missouri ("PSRS"), and Tina Zubeck, Wayne Wheeler, Donald Cupps, Yvonne Heath, Scott Hunt, Aaron Zalis, M. Steve Yoakum, and Ronda Peterson (collectively, "the individual PSRS Defendants"). Before the Court are the Motion for...
ORDER NANETTE K. LAUGHREY, District Judge. Plaintiff David Givens ("Givens") claims that the Prudential Insurance Company of America ("Prudential"), wrongfully terminated his benefits under a long-term disability plan ("plan") in violation of the Employee Retirement Income Security Act, 29 U.S.C. 1001, et seq. ("ERISA"). Prudential denies this claim, arguing that Givens was able to be gainfully employed in alternate occupations and, thus, did not qualify for benefits under the plan beyond...
ORDER SARAH W. HAYS, United States Magistrate Judge. On April 27, 2011, the Court signed a Warrant to Seize Personal Property Subject to Civil Forfeiture in the Matter of the Seizure of $374,100.00 in United States Currency Seized From Rachel Benveniste, Currently in the Custody of the Kansas City, Missouri Police Department. On June 7, 2011, the government provided the Court with the United States' Motion for the Issuance of an Order to Show Cause for Failure to Comply With a Seizure...
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ROBERT E. LARSEN, United States Magistrate Judge. Plaintiff Lori Larson seeks review of the final decision of the Commissioner of Social Security denying plaintiff's application for disability benefits under Title II of the Social Security Act ("the Act"). Plaintiff argues that the ALJ erred in discrediting the opinion of treating physician Dr. Christensen. I find that the substantial evidence in the record as a whole supports the ALJ's...
SUMMARY JUDGMENT ORDER GREG KAYS, District Judge. This lawsuit arises from allegations that Defendant College of the Ozarks discriminated against Plaintiff Christopher Scarlett, a student at the College, on the basis of his race. Pending before the Court is Defendant's Motion for Summary Judgment (doc. 54). The motion is GRANTED IN PART. The Court finds sufficient circumstantial evidence to establish a prima facie case of race discrimination under both 1981 and Title VI. Although the...
ORDER RICHARD E. DORR, District Judge. Pending before the Court is Defendant eBay, Inc.'s Motion to Dismiss or, Alternatively, to Transfer Venue (Doc. 14). After careful consideration of the parties' submissions, the Court GRANTS the Motion to Transfer Venue (Doc. 14). The Court DENIES Defendant's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 16) as moot. The Clerk of the Court is hereby ORDERED to transfer this case to the United States District Court...
ORDER DENYING APPEAL FROM BANKRUPTCY COURT GREG KAYS, District Judge. Pending before the Court is Appellants Lewis Brothers Bakeries Inc.'s ("LBB") and Chicago Baking Company's ("CBC") Notice of Appeal (doc. 1) brought pursuant to 28 U.S.C. 158(a)(1). LBB/CBC appeal the bankruptcy court's 1 determination that the License Agreement between LBB/CBC and Appellee Interstate Brands Corporation ("IBC") is an executory contract under 365 of the Bankruptcy Code, thus IBC is entitled to summary...
ORDER NANETTE K. LAUGHREY, District Judge. Before the Court is the Bankruptcy Appeal filed by Appellant Sean Deckard. [Doc. # 1.] For the following reasons, the Court affirms the ruling of the bankruptcy court. I. Background Appellant Deckard was employed from 2004 to 2006 by Appellee Interstate Bakeries Corporation, now known as Hostess Brands, Inc. ("Hostess"). 1 At the core of this lawsuit is Deckard's claim that Hostess failed to give him the statutorily required notices concerning his...
