ORDER MICHAEL P. MILLS, Chief Judge. The court presently has before it motions to dismiss, to remand, and to compel arbitration in the above-entitled action. Having considered the memoranda and submissions of the parties, it is now prepared to rule. On March 21, 2007, plaintiff Ellen S. Staples and her husband Rodney entered into a promissory note agreement in the amount of $143,000 with defendant Regions Bank. Plaintiff contends that she and her husband purchased credit life insurance in...
MEMORANDUM OPINION & ORDER MICHAEL P. MILLS, Chief Judge. Lawrence Branch, the petitioner in this action, was convicted of the capital murder of Dorothy Jorden in the Circuit Court of Carroll County, Mississippi, and sentenced to death. The Mississippi Supreme Court affirmed the verdict and sentence on direct appeal. See Branch v. State, 882 So.2d 36 (Miss.2004) (" Branch I "). Petitioner sought post-conviction relief and was denied. Branch v. State, 961 So.2d 659 (Miss.2007) ("...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Before the Court are Motions to Dismiss [31, 33] for failure to state a claim filed by Defendants Wal-Mart Stores, Inc. and Claims Management, Inc. The Court finds as follows: FACTUAL ALLEGATIONS On October 12, 2008, Plaintiff Carol Fikes was shopping in Wal-Mart Store No. 391 in Tupelo, Mississippi. Mrs. Fikes slipped on spilled grapes and fell, suffering severe injuries. Her husband, Dale Fikes, went to the store shortly after her...
AMENDED MEMORANDUM OPINION AND ORDER 1 MICHAEL P. MILLS, Chief Judge. Michelle Byrom is an inmate confined to the Mississippi Department of Corrections who has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 challenging the otherwise final capital murder conviction and sentence of death imposed on her by the Circuit Court of Tishomingo County, Mississippi, for her involvement in the murder of her husband. Facts and Procedural History On June 4, 1999, Edward...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Before the Court is Defendants' Motion to Dismiss or Alternatively For Summary Judgment [28], [30]. After reviewing the motions, responses, rules, and authorities, the Court finds as follows: BACKGROUND Plaintiff, LaFagus O. Carpenter, began working at Mississippi Valley State University ("MVSU") in December 2004, as a Patrolman. Plaintiff contends that he was subjected to continued retaliation and discrimination after the Defendants...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Before the Court is Defendant's Motion for Summary Judgment [25] and Plaintiff's Motion for Leave to File a Sur-Rebuttal [34]. After reviewing the motion, rules, and authorities, the Court finds as follows: I. BACKGROUND Plaintiff, a forty-three year old African American female, was initially hired as a salesperson at Premier Ford Lincoln Mercury, Incorporated ("Premier Ford") on July 9, 2005. Plaintiff was hired by Premier Ford's Used...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Plaintiff filed a claim against Defendants alleging gender discrimination in its failure to hire him as a full-time mathematics instructor and in phasing out his teaching of online courses. As the Plaintiff has failed to present evidence demonstrating that Defendants' actions were discriminatory, the Motion for Summary Judgment [20] is GRANTED. Factual and Procedural Background Rick Hawkins, a male, was hired by Northeast Mississippi...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Before the Court is Defendant Oxford Municipal Separate School District's Motion for Summary Judgment [46]. After reviewing the motion, response, rules, and authorities, the Court finds as follows: BACKGROUND Plaintiff, an African-American female, applied for employment with the Defendant on January 18, 2008. When Plaintiff applied for employment, she expressed interest in an administrative position. However, she also noted that she "...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Before the Court is Defendant State Farm Fire and Casualty Company's Motion for Summary Judgment [17]. After reviewing the motion, responses, rules, and authorities, the Court finds as follows: FACTUAL BACKGROUND A. The Current Lawsuit On January 14, 1997, Aberdeen Auto Sales was incorporated pursuant to the laws of the State of Mississippi. The corporate documents list Tony L. Owens as the president of Aberdeen Auto Sales. Plaintiff...
MEMORANDUM OPINION MICHAEL P. MILLS, Chief Judge. This cause comes before the court on the motion [10] of all Defendants to compel arbitration. Willie Adkins was admitted to Defendants' nursing home on April 13, 2007 after suffering a stroke. Ms. Adkins had a history of mental health issues and was institutionalized for most of her life. Patricia Cook executed arbitration and admission agreements on behalf of her mother at the time Adkins was admitted. Alisha James, the Admissions...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Before the Court is Defendant, Lowndes County School District's, Motion for Summary Judgment [38]. After reviewing the motion, response, rules, and authorities, the Court finds as follows: I. BACKGROUND Plaintiff, an African-American male, was terminated from his position as a middle school teacher with the Lowndes County School District after allegedly using excessive force during an altercation with one of his students. On April 28,...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Before the Court is Board of Mississippi Levee Commissioners' Motion for Summary Judgment [31], [32]; Environmental Protection Agency's Cross Motion for Summary Judgment [38]; and National Wildlife Federation, Mississippi Wildlife Federation, and Environmental Defense Fund's Cross Motion for Summary Judgment [41]. 1 After reviewing the motions, responses, rules, and authorities, the Court finds as follows: I. LEGAL AND FACTUAL BACKGROUND...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. The parties 1 have filed the following motions: 2 (1) The Beverly Defendant's Motion for Summary Judgment [111] on the basis of res judicata and collateral estoppel; (2) The United States' Motion for Partial Summary Judgment [113] as to Counts III, IV, V, and VI; (3) The Beverly Defendant's Cross-Motion for Partial Summary Judgment [132] on Counts III, IV, V, and VI; 3 and (4) The McKesson Defendant's Motion for Partial Summary...
MEMORANDUM OPINION SHARION AYCOCK, District Judge. Presently before the Court is a Motion to Suppress [18] filed by Defendant Vera Jeseus Mateo Olivarria. This Court held evidentiary hearings on January 5, 2011, and February 1, 2011, and the parties have submitted additional briefing. In an evidentiary hearing, the Court sits as a finder of fact and must resolve all disputed issues. United States v. Willis, 525 F.2d 657 , 659 (5th Cir.1976); see Fed.R.Evid. 104 cmt. (1972) ("To the...
