REPORT AND RECOMMENDATION ROBERT H. WALKER , Magistrate Judge . Before the Court is [9] a May 1, 2018 motion to dismiss filed by Defendant Andy Ledbetter in this lawsuit filed pro se by Jerry Lee Warner, a prisoner in custody of the Mississippi Department of Corrections (MDOC). Warner filed [32] his response in opposition to the motion on October 22, 2018, Ledbetter filed his reply [34] on October 29, 2018 and the matter is now ripe for ruling. Facts and Procedural History On June 29,...
REPORT AND RECOMMENDATION F. KEITH BALL , Magistrate Judge . Amos Hicks entered a plea of guilty in the Circuit Court of Jackson County, Mississippi, to a charge of murder. By order filed on June 1, 2006, he was sentenced to serve a term of life in the custody of the Mississippi Department of Corrections. He now brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Respondent has filed a motion to dismiss the petition as untimely, and Hicks has responded to the...
ORDER DAVID BRAMLETTE , District Judge . This cause having come before the Court on Plaintiff's Motion [Doc. 23] for Leave to File an Amended Complaint; Plaintiff's Motion [Doc. 18] to Dismiss her claims against Defendant Apollo Endosurgery US, Inc. ("Apollo") without prejudice, which the Court construes as a Motion for Voluntary Dismissal pursuant to FED. R. CIV. PRO. 41; and Defendant Apollo's Motion [Doc. 9] to Dismiss. For the following reasons, Plaintiff's Motion [Doc. 23] to...
ORDER DENYING KPMG'S MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL LOUIS GUIROLA, JR. , District Judge . BEFORE THE COURT is the [26] Motion to Certify Order for Interlocutory Appeal in which the defendant KPMG, LLP, asks the Court to certify its [21] Memorandum Opinion and Order denying KPMG's Motion to Dismiss for interlocutory appeal. The parties have fully briefed the Motion to Certify. After reviewing the submissions of the parties, the record in this matter, and the applicable...
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT CANTON MUNICIPAL UTILITIES' [206] MOTION FOR SUMMARY JUDGMENT, AND DENYING AS MOOT DEFENDANT CANTON MUNICIPAL UTILITIES' [126] MOTION TO DISMISS HALIL SULEYMAN OZERDEN , District Judge . BEFORE THE COURT are Defendant Canton Municipal Utilities' Motion [126] to Dismiss and its Motion [206] for Summary Judgment, which both seek dismissal of all claims advanced against it by Plaintiffs Warnock Engineering, LLC, and...
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION [10] TO STRIKE DEFENSES OF MAURICIO 1 PERAZA AND MNE FREIGHT, LLC HALIL SULEYMAN OZERDEN , District Judge . BEFORE THE COURT is Plaintiff's Motion [10] to Strike Defenses of Mauricio Peraza 1 and MNE Freight, LLC. Because Plaintiff has not made a plausible showing of prejudice, the Court finds that the Motion should be denied. I. BACKGROUND On or about January 24, 2018, Sue Polk, individually and as Administratrix of the...
ORDER DENYING PLAINTIFF'S MOTION [66] TO STRIKE DECLARATION OF KATIE HALBERG, PLAINTIFF'S MOTION [67] TO STRIKE DECLARATION OF ANDREW BRIGGS, AND PLAINTIFF'S MOTION [68] TO STRIKE DECLARATION OF MARK GALLARELLI HALIL SULEYMAN OZERDEN , District Judge . BEFORE THE COURT are three Motions: (1) Plaintiff's Motion [66] to Strike Declaration of Katie Halberg; (2) Plaintiff's Motion [67] to Strike Declaration of Andrew Briggs; and (3) Plaintiff's Motion [68] to Strike Declaration of Mark...
ORDER F. KEITH BALL , Magistrate Judge . This cause is before the Court on Plaintiffs' Amended Motion to Compel the Deposition of Defendant Odalis Sijin [85] and Plaintiffs' Motion for Additional Time for the Deposition of Defendant Odalis Sijin [86]. Plaintiffs, Andrea and Scott Cobb, filed this medical malpractice case relating to their daughter's death, which occurred shortly after birth on December 25, 2015. They named the hospital where she was born and the delivering obstetrician,...
FINAL JUDGMENT HALIL SULEYMAN OZERDEN , District Judge . This matter is before the Court sua sponte. The Court, after a full review and consideration of the record in this case and relevant legal authority, finds that in accord with its Order entered herewith and its previous Orders [24], [33], IT IS, THEREFORE, ORDERED AND ADJUDGED that, Plaintiff Timothy Hogan's claims in this civil action are DISMISSED WITHOUT PREJUDICE. SO ORDERED AND ADJUDGED .
FINAL JUDGMENT LOUIS GUIROLA, JR. , District Judge . In accordance with the Memorandum Opinion and Order entered herewith, this Court finds that Aetna Life Insurance Company is entitled to summary judgment. IT IS, THEREFORE, ORDERED AND ADJUDGED that Jason Ward's claims against Aetna Life Insurance Company are hereby DISMISSED WITH PREJUDICE. SO ORDERED AND ADJUDGED .
MEMORANDUM OPINION AND ORDER CONCERNING THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT LOUIS GUIROLA, JR. , District Judge . BEFORE THE COURT are the [21] Motion for Summary Judgment filed by the defendant, Aetna Life Insurance Company, and the [23] Motion for Summary Judgment filed by the plaintiff, Jason Ward, in this lawsuit concerning the denial of long-term disability benefits under a plan governed by ERISA. The parties fully briefed Aetna's Motion, but Ward did not file a reply in...
Arising out of Case No. 3:18-cv-252, Securities and Exchange Commission v. Arthur Lamar Adams and Madison Timber Properties, LLC . STIPULATED PROTECTIVE ORDER CARLTON W. REEVES , District Judge . On joint motion of Plaintiff, Alysson Mills, in her capacity as receiver for Arthur Lamar Adams and Madison Timber Properties, LLC, and Moving Defendants, William B. McHenry, Jr. and First South Investments, LLC, (together, the "Moving Parties") pursuant to Federal Rule of Civil Procedure 26(...
ORDER F. KEITH BALL , Magistrate Judge . This cause is before the Court on two motions: Non-Party City of Pearl, Mississippi's Motion for Protective Order [30] and Plaintiff Natalie Dillon's Motion to Compel [31]. The Court finds that the Motion for Protective Order [30] should be granted, and that the Motion to Compel [31] should be denied. Dillon alleges, inter alia, that a Wal-Mart employee, Michael Griffin, improperly confined her after falsely accusing her of shoplifting. Prior to...
ORDER DANIEL P. JORDAN, III , Chief District Judge . This criminal case is before the Court on Defendant Kevin Lawrence's Motion for New Trial [99]. Lawrence also filed two motions to dismiss [108, 113], a "Petition to Challenge the Grand Jury" [115], and a Motion for Judgment [116]. For the reasons that follow, the motions are denied. I. Background Kevin Lawrence was charged in a three-count indictment alleging that he conspired with others to import marijuana from Texas to Mississippi...
OPINION AND ORDER WILLIAM H. BARBOUR, JR. , District Judge . This cause is before the Court on Petitioner's Objection to the Report and Recommendation ("R and R") of United States Magistrate Judge John C. Gargiulo. Having considered the R and R, the Objection, the other pleadings in this case, as well as relevant authorities, the Court finds the R and R should be adopted in its entirety over Petitioner's Objection. I. Discussion Casey Mark Burgess ("Burgess") was convicted of three...
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION [53] FOR DEFAULT JUDGMENT, [OR] ALTERNATIVELY, FOR SANCTIONS, AND DENYING PLAINTIFF'S MOTION [62] TO STRIKE SECOND DECLARATION OF KATIE HALBERG HALIL SULEYMAN OZERDEN , District Judge . BEFORE THE COURT are Plaintiff's Motion [53] for Default Judgment, [or] Alternatively, for Sanctions, and Plaintiff's Motion [62] to Strike Second Declaration of Katie Halberg. For the reasons that follow, the Court finds that both Motions should be...
ORDER MICHAEL T. PARKER , Magistrate Judge . THIS MATTER is before the Court on Plaintiff's Motion to Proceed Pseudonymously [2]. For the reasons which follow, the Court finds that the Motion should be granted. Plaintiff, hereinafter "Jane Roe," alleges that she was unlawfully incarcerated in the Smith County Jail in 2017. She further alleges that while held in the jail she was sexually assaulted by Defendant Thompson and propositioned by Defendant Johnson, both employees of the Smith...
ORDER CARLTON W. REEVES , District Judge . Before the Court are defendants' motions to dismiss. Docket Nos. 6, 12. The Court finds both motions well-taken. I. Factual and Procedural History The following recitation is drawn from plaintiff John Wilson's complaint. Wilson started working for Topre America Corporation as a quality inspector in November 2013. In January 2017, he took time off through the Family and Medical Leave Act ("FMLA") due to a knee injury. He returned to work in...
ORDER ADOPTING REPORT AND RECOMMENDATION, AND GRANTING MOTION FOR SUMMARY JUDGMENT LOUIS GUIROLA, JR. , District Judge . For the reasons stated in the [52] Report and Recommendation of the Magistrate Judge filed September 24, 2018, and after an independent review of the record, a de novo determination of the issues, and consideration of Plaintiff's [54] Response to the Report and Recommendation, and having determined that the findings are correct under applicable law: IT IS ORDERED AND...
ORDER DANIEL P. JORDAN, III , Chief District Judge . Plaintiff Dr. Tarek El-Bawab filed this employment-discrimination suit against Jackson State University ("JSU") and others alleging that he was harassed, retaliated against, and wrongfully denied promotion based on his national origin. The case is before the Court on JSU's motion in limine [149]. For the reasons that follow, the motion is granted in part and denied in part. 1 I. Standard As summarized by the Fifth Circuit Court of...
