ORDER NANETTE K. LAUGHREY, District Judge. Pending before the Court is a Motion to Dismiss [Doc. # 154] and Motion for Summary Judgment [Doc. # 156] filed by Defendants Kansas City Chiefs Football Club ["the Chiefs"] and Jackson County Sports Complex Authority ["the Sports Authority"] [collectively "the Chiefs"], as well as a Motion for Summary Judgment [Doc. # 155] filed by Defendant Jackson County, Missouri; and Motions for Summary Judgment filed by Populous Inc. [Doc. # 164]; The Konrath...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT GREG KAYS, District Judge. This case arises from Plaintiff Tamica Shaw's claim for benefits and statutory penalties under an accidental death and dismemberment ("AD&D") policy purchased from Defendant The Prudential Insurance Company of America ("Prudential") through her employer, JPMorgan Chase Bank, N.A. ("Chase"). Pending before the Court are cross-motions for summary judgment on behalf of Plaintiff Tamica Shaw and Defendant...
ORDER AFFIRMING MAGISTRATE'S REPORT AND RECOMMENDATION GREG KAYS, District Judge. On November 2, 2011, the Court ordered Defendant to undergo a psychiatric examination pursuant to 18 U.S.C. 4241 for a judicial determination of Defendant's mental competency. Defendant was examined by Dr. Dia B. Boutwell, who prepared a report dated March 19, 2012. During a competency hearing held before United States Magistrate Judge John T. Maughmer on June 19, 2012, Defendant and the Government stipulated...
ORDER DENYING DEFENDANT'S MOTION TO WITHDRAW GUILTY PLEA GREG KAYS, District Judge. Pending before this Court is Defendant's Motion to Withdraw Guilty Plea (Doc. 96) and the Government's Response (Doc. 98). After careful consideration, Defendant's motion is DENIED. Factual and Procedural Background 1 On May 23, 2011, a grand jury charged Defendant Tommy Haubrich with eight counts of criminal activity, including: conspiracy to distribute and possession with intent to distribute Schedule I...
ORDER MATT J. WHITWORTH, Magistrate Judge. Plaintiff Jodie L. Price seeks judicial review 1 of a final administrative decision denying Supplemental Security Income (SSI) benefits under Title XVI of the Social Security Act, 42 U.S.C. 1381 et seq. Section 1631(c) of the Act and 42 U.S.C. 1383(c)(3) provide for judicial review of a final decision of the Commissioner of the Social Security Administration under Title XVI. The parties' briefs are fully submitted, and an oral argument was...
REPORT AND RECOMMENDATION TO ACCEPT DEFENDANT'S GUILTY PLEA ROBERT E. LARSEN, Magistrate Judge. On July 30, 2012, I held a change-of-plea hearing after this case was referred to me by the United States District Judge. I find that defendant's plea was voluntary and therefore recommend that it be accepted. I. BACKGROUND On February 21, 2012, an indictment was returned charging defendant with one count of possession with intent to distribute marijuana, in violation of 21 U.S.C. 841(a) and...
MEMORANDUM HOWARD F. SACHS, District Judge. By a document mailed July 31, 2012, defendant requests that I recommend or approve his proposed early participation in a residential reentry or community confinement program, as authorized by the Second Chance Act of 2007. He recites very persuasive family needs, purportedly recently developed, for income that he could provide if able to perform outside employment. From current district court rulings in this Circuit, I understand the Bureau of...
ORDER MATT J. WHITWORTH, United States Magistrate Judge. Following a three-week jury trial, defendant Novartis Pharmaceuticals Corporation (NPC) filed a post-trial motion for judgment of acquittal as a matter of law, pursuant to Rule 50(b) of the Federal Rules of Civil Procedure, together with suggestions in support (docs. 241-42). Plaintiff Christine Winter, Personal Representative of the Estate of Ruth Baldwin, Deceased, has filed her suggestions in opposition (doc. 246). Defendant NPC has...
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ROBERT E. LARSEN, Magistrate Judge. Plaintiff Robert Ervin 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 finding that plaintiff's mental impairment is non-severe' in finding that plaintiff's daily activities undermine his credibility; and in failing to find...
MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE ROBERT E. LARSEN, Magistrate Judge. Pursuant to the order of the Court en banc of the United States District Court for the Western District of Missouri, a pretrial conference was held in the above-entitled cause before me on August 1, 2012. Defendant Jaquay Strickland appeared in person and with Assistant Federal Public Defender Steve Moss. The United States of America appeared by Assistant United States Attorney David...
MEMORANDUM OF MATTERS DISCUSSED AND ACTION TAKEN AT PRETRIAL CONFERENCE ROBERT E. LARSEN, Magistrate Judge. Pursuant to the order of the Court en banc of the United States District Court for the Western District of Missouri, a pretrial conference was held in the above-entitled cause before me on August 1, 2011. Defendant George Harris appeared in person and with Assistant Federal Public Defender William Raymond. The United States of America appeared by Assistant United States Attorney...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY JOHN MAUGHMER, Magistrate Judge. The Defendant appeared before me pursuant to Fed.R.Crim.P. 11, Local Rule 72(j)(26), and 28 U.S.C. 636 and entered a plea of guilty to Count(s) One of the Indictment. I determined that the guilty plea is knowledgeable and voluntary and that the offense charged is supported by an independent basis in fact containing each of the essential elements of such offense. A record was made of the proceedings and a...
ORDER GREG KAYS, District Judge. Pending before the Court are Defendant's Motion to Dismiss Indictment (Doc. 29), the Government's response (Doc.), and United States Magistrate Judge Robert E. Larsen's Report and Recommendation recommending that the motion be denied (Doc. 34). After carefully reviewing the Magistrate's report and conducting an independent review of the record and applicable law, it is hereby ORDERED that Magistrate Judge Larsen's Report and Recommendation be ADOPTED....
REPORT AND RECOMMENDATION TO DENY DEFENDANT'S MOTION TO DISMISS INDICTMENT ROBERT E. LARSEN, Magistrate Judge. Before the court is a motion to dismiss the indictment, filed by defendant Steven Ray Walls, on the grounds that (1) defendant had no notice and therefore no duty to register under the Sex Offender Registration and Notification Act (SORNA), (2) Congress improperly delegated its legislative function to the Attorney General, and (3) SORNA rules were ineffective until January 28, 2011...
ORDER AND OPINION (1) DISMISSING DEFENDANT JAMES HAYWORTH WITHOUT PREJUDICE, (2) DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT, AND (3) GRANTING REMAINING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT ORTRIE D. SMITH, Senior District Judge. Pending are cross-motions that address the applicability of the Fair Labor Standards Act ("FLSA") to drivers employed by one or more of the Defendants. At the outset, the Court dismisses Defendant James Hayworth without prejudice because the...
ORDER JAMES C. ENGLAND, Magistrate Judge. Plaintiff is appealing the final decision of the Secretary denying her application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 401 et seq. and supplemental security income benefits under Title XVI of the Act, 42 U.S.C. 1381 et seq. Pursuant to 42 U.S.C. 405(g) and 1383(c)(3), this Court may review the final decisions of the Secretary. For the following reasons, the Secretary's decision will be...
ORDER FERNANDO J. GAITAN, Jr., Chief District Judge. Pending before the Court is Defendants Debbie Peery, Cody Peery, and Abby Peery's Motion to Reconsider Their Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted and Defendant Peery Auto, LLC's Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted (Doc. No. 172). Upon its review of the motion, suggestions in opposition, and reply suggestions, the Court finds that Defendants' Motion to...
ORDER BRIAN C. WIMES, District Judge. Before the Court is Plaintiffs' Motion for Entry of Default on Loyd Britton d/b/a Midland Masonry Contractors, Inc. By the Clerk of the Court (Doc. #14). Plaintiffs seek a default judgment pursuant to Federal Rule of Civil Procedure 55. The amended complaint was filed on January 26, 2012, and Defendant Loyd Britton was served on February 5, 2012. As of the date of this Order, Defendant Loyd Britton has failed to respond to Plaintiffs' complaint or the...
ORDER BRIAN C. WIMES, District Judge. This matter is an interpleader action. Kearney Trust Company initiated the action and deposited $45,073.50 into the Court's registry, and the Court discharged Kearney Trust Company (Doc. #40). Each claimant has the burden of establishing his/her/its right to the interpleaded funds by a preponderance of the evidence. Wright, Miller & Kane, 7 Fed. Prac. & Proc. Civ. 1714 (3d ed.). Before the Court are Intervener Robert Mihailovich, Jr.'s ("Mihailovich,...
ORDER AND OPINION GRANTING IN PART AND DENYING IN PART PARTIES MOTIONS TO STRIKE EXPERT TESTIMONY ORTRIE D. SMITH, Senior District Judge. Pending are three motions to strike expert testimony filed by Plaintiff and one filed by Defendants. For the following reasons, the motions are granted in part and denied in part. I. GOVERNING LAW Pursuant to Federal Rule of Evidence 702, "[a] witness who is qualified as an expert by knowledge, skill, experience, training or education" may offer an...
