REPORT & RECOMMENDATION TO DENY DEFENDANTS MOTION TO DISMISS ROBERT E. LARSEN, Magistrate Judge. Before the court is Defendant's Motion to Dismiss (Doc. No 50). Defendant moves the court to dismiss the Indictment against him, alleging that the Kansas City, Missouri police detective who testified before the grand jury committed perjury. For the following reasons, Defendant's motion should be denied. I. BACKGROUND An indictment was returned on December 11, 2013, charging Defendant with one...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH, Magistrate Judge. The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to Count One contained in the Indictment filed on November 4, 2014. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowledgeable and voluntary, and that the...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH, Magistrate Judge. The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to Count One of the Indictment filed on November 4, 2014. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowledgeable and voluntary, and that the offense...
ORDER FERNANDO J. GAITAN, Jr., District Judge. Currently pending before the Court is MCImetro Access Transmission Services LLC and MCI Communications Services, Inc. (collectively "Verizon's) Motion for Leave to File Amicus Memorandum (Doc. # 56); defendants' Motion for a Temporary Stay of Proceedings Pending A Ruling of the Judicial Panel on Multidistrict Litigation (Doc. # 61), and defendants' Motion for Leave to File Supplemental Authority (Doc. # 67). This action is one of thirty-one...
ORDER AFFIRMING COMMISSIONER'S DECISION GRED KAYS, Chief District Judge. Plaintiff Troy A. Smith seeks judicial review of the Commissioner of Social Security's denial of his application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 401-434. The Administrative Law Judge ("ALJ") found Plaintiff suffered from a severe mental impairment variously diagnosed as bipolar disorder and obsessive-compulsive disorder, but he retained the RFC to perform work as...
ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ROBERT E. LARSEN, Magistrate Judge. Plaintiff Stephen Archer seeks review of the final decision of the Commissioner of Social Security denying plaintiff's application for disability benefits under Titles II and XVI of the Social Security Act ("the Act"). Plaintiff argues that the ALJ erred in (1) finding that plaintiff's depression and anxiety are not severe impairments, (2) discrediting the opinion of Dr. Stillings, and (3) assessing...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH, Magistrate Judge. The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to Count One and admitted to the Forfeiture Allegation of the Information filed on December 10, 2014. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH, Magistrate Judge. The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to Counts One, Two, Three and Four and admitted to the Forfeiture Allegation contained in the Indictment filed on December 13, 2012. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined...
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 December 30, 2014. Defendant Craddock appeared in person and with appointed counsel Ronna Holloman-Hughes. The United States of America appeared by Assistant United States Attorney Mike Green. I....
ORDER AFFIRMING COMMISSIONER'S DECISION GREG KAYS, Chief District Judge. Plaintiff Debra Kruger seeks judicial review of the Commissioner of Social Security's denial of her applications for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 401-434, and supplemental security income under Title XVI of the Act, 42 U.S.C. 1381-1383f. The Administrative Law Judge ("ALJ") found Plaintiff suffered from several severe impairments, including obesity, anxiety,...
ORDER AFFIRMING THE COMMISSIONER'S DECISION GREG KAYS, Chief District Judge. This action seeks judicial review of the Commissioner of Social Security's (the "Commissioner") decision denying Plaintiff Kevin Doolittle's applications for disability insurance benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. 401-434, and supplemental security income ("SSI") under Title XVI of the Act, 42 U.S.C. 1381-1383f. The Administrative Law Judge ("ALJ") found Plaintiff had...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY DAVID P. RUSH, Magistrate Judge. The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. 636, and has entered a plea of guilty to Counts One and Two and admitted to Forfeiture Allegation of the Information filed on December 4, 2014. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea were...
ORDER DOUGLAS HARPOOL, District Judge. Before the Court is Defendant's Motion for Summary Judgment (Doc. No. 21) and Plaintiff's Motion for Summary Judgment (Doc. No. 24). In addition, Defendant has also filed a Motion to Strike Plaintiff's Declarations (Doc. No. 31). All pending motions have been fully briefed and are ripe for review. BACKGROUND This is an action brought by Communication Workers of America, AFL-CIO ("CWA"), a labor organization, against an employer, Southwestern Bell...
ORDER AND OPINION DENYING MOVANT'S REQUEST FOR POSTCONVICTION RELIEF AND DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY ORTRIE D. SMITH, Senior District Judge. Pending is Movant's application for postconviction relief pursuant to 28 U.S.C. 2255. The Court denies the motion and also declines to issue a Certificate of Appealability. I. Movant was indicted in May 2010 on one count of distributing child pornography, one count of receiving child pornography, and one count of possessing...
ORDER NANETTE K. LAUGHREY, District Judge. Pending before the Court are Defendant Missouri Highways and Transportation Commission's ("MHTC") motions for attorneys' fees, Docs. 158 and 162. For the following reasons, MHTC's motions for attorneys' fees are granted in part and denied in part. I. Background This case principally concerns whether insurance coverage exists for a judgment entered against MHTC in the Circuit Court for Clay County, Missouri (the "Clay County action"), under an...
ORDER NANETTE K. LAUGHREY , District Judge . Pending before the Court are the cross motions for summary judgment of Plaintiff United States of America and Defendants State of Missouri, et al. [Docs. 38 and 40]. For the reasons set forth below, Plaintiff United States' motion for partial summary judgment, Doc. 38, is granted in part, and Defendants' motion for summary judgment, Doc. 40, is denied. I. Undisputed Facts The Missouri National Guard ("Guard") employs technicians to provide...
ORDER AFFIRMING COMMISSIONER'S DECISION GREG KAYS, Chief District Judge. Plaintiff Pamela Webb seeks judicial review of the Commissioner of Social Security's denial of her applications for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 401-434, and supplemental security income under Title XVI of the Act, 42 U.S.C. 1381-1383f. The Administrative Law Judge ("ALJ") found Plaintiff suffered from several severe impairments, including mild degenerative...
ORDER DENYING DEFENDANT'S SUCCESSIVE 2255 MOTION GREG KAYS, Chief District Judge. Defendant Juan Ventura-Vera, who is currently incarcerated in federal prison, has filed a "Motion to Preserve an Issue(s) Pursuant to the Recent United States Supreme Court's Decision in Descamps v. United State [ s ]" (Doc. 116), since amended (Doc. 127). As explained below, the motion and a certificate of appealability are DENIED. 1 Background On June 8, 2006, Defendant appeared before the late United...
ORDER AND OPINION (1) GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS OR FOR SUMMARY JUDGMENT AND (2) EXTENDING DEADLINE FOR DEFENDANT TO FILE JOINT PROPOSED SCHEDULING AND TRIAL ORDER ORTRIE D. SMITH, Senior District Judge. Plaintiff, proceeding pro se, initiated this suit in Small Claims Court in Jackson County, asserting claims under the Fair Credit Reporting Act ("FCRA") and the Missouri Merchandising Practices Act ("MMPA"). Defendant removed the case to federal court,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW NANETTE K. LAUGHREY, District Judge. In November 2007, Plaintiff Renaissance Academy for Math and Science, a charter school, and Defendant Imagine Schools, a charter school management company, entered into an Operating Agreement in which Imagine Schools agreed to provide management services to Renaissance for the operation of its charter school. After the termination of their agreement, Renaissance filed this lawsuit against Imagine Schools alleging...
