ORDER DENYING MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE GREG KAYS , Chief District Judge . Movant Caleb Loren Velvick ("Velvick") pled guilty to two drug-related charges. He now files a motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255 (Civ. Doc. 1). For the reasons below, Velvick's 2255 motion is DENIED without an evidentiary hearing. The Court GRANTS a certificate of appealability on the single issue of whether Velvick's attorney was constitutionally...
ORDER GRANTING SANCTIONS AGAINST DEFENDANT GREG KAYS , Chief District Judge . This case concerns sales commissions on beef exports. Defendant Hanzada for Import & Export Company, Ltd. ("Hanzada"), an Egyptian beef importer, enlisted Plaintiff Hassanin Aly ("Aly"), a business promoter, to help Hanzada establish a business connection with an American packing company and beef processor in Kansas City. Although Hanzada agreed to compensate Aly for facilitating the connection, Aly claims that...
ORDER DENYING DEFENDANTS' MOTION TO STRIKE IMPROPER EVIDENCE GREG KAYS , Chief District Judge . This case arises from Defendants' release of trichloroethylene ("TCE") into the environment near Plaintiff Jodelle Kirk's childhood home. Plaintiff alleges she was exposed to the TCE and that it caused her to develop serious illnesses, including autoimmune hepatitis. Now before the Court is Defendants' Motion to Strike Improper Evidence and Arguments from Plaintiff's Opposition to Defendants'...
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 the sole count contained in the Information filed on December 29, 2015. 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,...
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 contained in the Indictment filed on May 5, 2015. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty pleas were knowledgeable and voluntary,...
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 Superseding Indictment filed on September 30, 2015. 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...
REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION FOR SANCTION OF DISMISSAL (Doc. 120) MATT J. WHITWORTH , Magistrate Judge . Pending before the Court is defendant International Business Machine Corporation's (hereafter "IBM") motion for the sanction of dismissal based on plaintiff Valerie Shaw's refusal to appear and testify at her deposition in violation of the Court's Order of August 5, 2015. (Doc. 120). Defendant's motion for sanctions was filed on August 18, 2015. Thereafter, on...
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 contained in the Indictment filed on December 8, 2015. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty pleas were knowledgeable and...
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 Second Superseding Indictment filed on August 25, 2015. 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...
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 the sole count contained in the Information filed on December 18, 2015. 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,...
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 the Indictment filed on December 8, 2015. 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 charged...
ORDER AFFIRMING THE COMMISSIONER'S DECISION GREG KAYS , Chief District Judge . Plaintiff Margaret Rudick petitions for review of an adverse decision by Defendant, the Acting Commissioner of Social Security ("the Commissioner"). Plaintiff applied for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 401-434. An administrative law judge ("ALJ") found she had multiple severe impairments, including obesity, degenerative disc disease, acromioclavicular joint...
ORDER AND OPINION DENYING PLAINTIFF'S MOTION TO REMAND ORTRIE D. SMITH , Senior District Judge . Plaintiff Glenn Brody filed this action in state court on August 10, 2015, against Defendants Ocwen Loan Servicing, LLC ("Ocwen"), U.S. Bank, N.A. ("US Bank"), The Bank of New York Mellon ("BNYM"), Green Tree Loan Servicing, LLC ("Green Tree"), and Liberty Mutual Insurance Company ("Liberty Mutual"), seeking a declaratory judgment to determine the lien rights of Defendants in real property...
ORDER STEPHEN R. BOUGH , District Judge . Before this Court is Defendants' Joint Motion to Dismiss for Failure to State a Claim (Doc. #7). For the reasons discussed below, the Motion is denied. I. Background This case involves the very unexciting, but extremely important, topic of parking spaces. 300 Wyandotte Condominium is split into two units — Unit 1 is the garage with 396 parking spaces owned by the Planned Industrial Expansion Authority of Kansas City, Missouri ("PIEA") and Unit 2...
ORDER NANETTE K. LAUGHREY , District Judge . Plaintiff Joshua Monroe, a former employee of Defendant CMMG, brings this suit against CMMG and several CMMG employees for actions relating to Monroe's arrest on suspicion of theft. Seeking damages, Monroe's complaint sets forth six claims: defamation, malicious prosecution, negligence, fraudulent misrepresentation, and a Section 1981 claim [Doc. 1-3]. Before the Court is the Defendants' motion to dismiss. [Doc. 6]. For the following reasons,...
ORDER NANETTE K. LAUGHREY , District Judge . On December 10, 2015, United States Magistrate Judge Matt J. Whitworth recommended [Doc. 47] that the parties' Joint Motion for Final Approval of Class Action Settlement [Doc. 45] be granted. The parties were advised they could file written objections to the recommendation, pursuant to 28 U.S.C. 636(b)(1)(C). No objections were filed. Review of the record convinces the Court that the recommendation of the Magistrate Judge is correct and...
REPORT AND RECOMMENDATION MATT J. WHITWORTH , Magistrate Judge . The parties filed a joint motion for final approval of class action settlement on December 9, 2010, Doc. 45, requesting final approval of the settlement the Court preliminarily approved on July 10, 2015. On December 10, 2015, the Court held a final fairness hearing pursuant to the terms of Fed. R. Civ. P. 23, and took up the parties' joint motion. 1 The Court makes the following findings of fact and conclusions of law: On...
AMENDED ORDER 1 FERNANDO J. GAITAN, Jr. , District Judge . Currently pending before the Court is Defendant SouthLaw, P.C. ("South's") Motion to Dismiss (Doc. # 71); Bank of America N.A. ("BANA") and The Bank of New York Mellon ("BONY's") Motion to Dismiss (Doc. # 74); plaintiff's motions in limine (Docs. 116, 117, 118, 119 and 126); BONY and BANA's Motions to Stay Briefing on the Motions in Limine (Doc. # 158, 160); BANA's Motion for Extension of Time to File Response to Plaintiff's...
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 the sole count of the Information filed on December 2, 2015. 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...
ORDER BETH PHILLIPS , District Judge . This matter comes before the Court on the Report and Recommendation ("Report"), (Doc. 30), prepared by Magistrate Judge John T. Maughmer concerning Defendant's Motion to Suppress, (Doc. 21). Judge Maughmer recommends that Defendant's Motion be denied. Defendant filed Objections to the Report and Recommendation. (Doc. 36.) The Government has not objected, and the time for doing so has passed. The Court's discussion below is intended to augment, not...
