REPORT AND RECOMMENDATION JOHN T. MAUGHMER , Magistrate Judge . Pending before the Court is the MOTION TO SUPPRESS EVIDENCE SEIZED DURING UNLAWFUL INVENTORY SEARCH AND DEFENDANT'S STATEMENT AS FRUIT OF THE POISONOUS TREE (Doc. #15) filed on July 25, 2016, by defendant Royce D. Maple ("Maple"). On October 4, 2016, the undersigned held an evidentiary hearing on Maple's motion. Maple was present and represented by his counsel, Federal Public Defender Carie Allen. The government 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 Count Two contained in the Indictment filed on November 1, 2016. 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...
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 Forfeiture Allegation One contained in the Third Superseding Information filed on December 21, 2015. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY JAMES C. ENGLAND , 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 April 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...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY JAMES C. ENGLAND , 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 April 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...
REPORT AND RECOMMENDATION JOHN T. MAUGHMER , Magistrate Judge . On February 2, 2016, counsel for defendant Gaudette filed a motion pursuant to 18 U.S.C. 4241 for a determination of the mental competency of the defendant to stand trial. That motion was granted and a psychiatric examination was ordered. After receiving the psychological report, the undersigned held a competency hearing on May 16, 2016. At the conclusion of the hearing, this Court filed a Report and Recommendation (Doc. 32)...
ORDER NANETTE K. LAUGHREY , United States District Judge . Pending before the Court is the parties' briefing on how this Court's original order, [Doc. 144], should be revised in light of the Eighth Circuit's judgment on the parties' appeal. [Doc. 179]. I. Background On January 9, 2015, the Court entered its findings of fact and conclusions of law regarding Plaintiff Jamie Smith's Family and Medical Leave Act ("FMLA") claim. [Doc. 144]. The Court concluded based on the evidence presented...
ORDER NANETTE K. LAUGHREY , United States District Judge . Before the Court is Defendant's Motion to Dismiss, [Doc. 9]. For the following reasons, Defendant's Motion to Dismiss is denied. I. Background 1 Plaintiff Christopher McDaniel is an investigative reporter whose work is primarily focused on the death penalty. His reporting has at times been critical of Missouri officials. In January 2014, Plaintiff applied to witness a Missouri execution by completing the Missouri Department of...
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 28, 2016. Defendant Darryl Smith appeared in person and with retained counsel Willis Toney. The United States of America appeared by Assistant United States Attorney Jeffrey McCarther....
ORDER ROSEANN A. KETCHMARK , District Judge . Before the Court is Plaintiff Trevor Harrison ("Plaintiff)'s appeal of the Commissioner of Social Security ("Commissioner")'s final decision denying his application for Social Security insurance benefits under Title II of the Social Security Act ("the Act"), 42 U.S.C. 401-434. The decision of the Commissioner is AFFIRMED. Standard of Review The Court's review of the Commissioner's decision to deny disability benefits is limited to...
ORDER ROSEANN A. KETCHMARK , District Judge . On December 7, 2016, defendant appeared before United States Magistrate Judge David P. Rush and entered a plea of guilty to the sole count contained in the Superseding Information filed December 7, 2016 (doc. 22). On December 7, 2016, Judge Rush issued his Report and Recommendation (doc. 25). Upon careful and independent review, this Court finds that defendant's plea was knowledgeable and voluntary and that the offense charged is supported by...
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 7, 2016. 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,...
ORDER ROSEANN A. KETCHMARK , District Judge . On September 20, 2016, the Court ordered Plaintiff to show cause why this action should not be transferred to the United States District Court for the District of Nebraska or the Northern District of Texas. (Doc. 15.) Plaintiff submitted a response requesting that the case remain in the Western District of Missouri (doc. 16), and Defendant replied to Plaintiff's response requesting that the case be transferred to the District of Nebraska (doc....
ORDER (1) DENYING DEFENDANT'S MOTION TO TO STAY, (2) DENYING PLAINTIFFS' MOTON TO REMAND, AND (3) DIRECTING THE PARTIES TO BRIEF ISSUES RELATED TO THE COURT'S JURISDICTION ROSEANN A. KETCHMARK , District Judge . This case was removed from state court in September 2016. Thereafter, Plaintiffs filed a Motion to Remand. (Doc. 7.) Defendant (also referred to as "New GM") responded to the Motion to Remand (doc. 15) and separately filed a Motion to Stay (doc. 13). Both motions are fully briefed....
ORDER NANETTE K. LAUGHREY , District Judge . Plaintiffs Eric and Camille LaFollette move the Court for an order (1) decertifying the Earthquake Endorsement subclass for lack of numerosity; (2) amending the class definition to exclude claims arising under the Earthquake Endorsement; and (3) for final approval of their amended notice documents. [Doc. 226]. For the following reasons, the unopposed motion is granted. I. Background This is a breach of contract class action arising out of...
ACCEPTANCE OF PLEA OF GUILTY AND ADJUDICATION OF GUILT BRIAN C. WIMES , District Judge . Pursuant to the Report and Recommendation of the United States Magistrate Judge, to which there has been no timely objection, the plea of guilty of the Defendant to Count One of the Indictment filed on July 19, 2016, is now Accepted and the Defendant is Adjudged Guilty of such offense. Sentencing will be set by subsequent Order of the Court.
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 July 19, 2016. 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...
ACCEPTANCE OF PLEA OF GUILTY AND ADJUDICATION OF GUILT DOUGLAS HARPOOL , District Judge . Pursuant to the Report and Recommendation of the United States Magistrate Judge, to which there has been no timely objection, the plea of guilty of the Defendant to Count One contained in the Second Superseding Indictment filed on July 22, 2015, and Defendant's admittance of the Forfeiture Allegation Six contained in the Second Superseding Indictment, are now Accepted . The Defendant is Adjudged...
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 Six of the Second Superseding Indictment filed on July 22, 2015. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the...
ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION ORTRIE D. SMITH, Sr. District Judge . Pending is Plaintiff's Motion for Preliminary Injunction. Doc. #116. For the following reasons, Plaintiff's motion for preliminary injunction is denied. I. BACKGROUND Plaintiff Porters Building Centers, Inc. sells building supplies and lumber to commercial contractors and homebuilders in Missouri and Kansas. Porters' stores are located in Kearney, Cameron, and Laurie, Missouri; and Elwood,...
