MEMORANDUM AND RECOMMENDATION W. CARLETON METCALF , Magistrate Judge . This matter is before the Court on the parties' cross motions for summary judgment (Docs. 13, 17), which have been referred to the undersigned pursuant to 28 U.S.C. 636(b)(1)(B). Following a review of the record, the parties' briefs, and relevant legal authority, the undersigned respectfully recommends that Plaintiff's motion for summary judgment be denied and the Commissioner's motion for summary judgment be granted....
MEMORANDUMAND RECOMMENDATION W. CARLETON METCALF , Magistrate Judge . This matter is before the Court on the parties' cross motions for summary judgment (Docs. 9, 11), which have been referred to the undersigned pursuant to 28 U.S.C. 636(b)(1)(B). Following a review of the record, the parties' briefs, and relevant legal authority, the undersigned respectfully recommends that Plaintiff's motion for summary judgment be granted and the Commissioner's motion for summary judgment be denied....
MEMORANDUM AND RECOMMENDATION AND ORDER DAVID S. CAYER , Magistrate Judge . THIS MATTER is before the Court on Defendant's "Motion to Dismiss First Amended Complaint" (document #8) and the parties' briefs and exhibits. This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 636(b)(1), and this Motion is ripe for disposition. Having fully considered the arguments, the record, and the applicable authority, the undersigned respectfully recommends that...
ORDER DAVID C. KEESLER , Magistrate Judge . THIS MATTER IS BEFORE THE COURT on Defendant's "Motion To Seal" (Document No. 22) filed December 30, 2019. In accordance with the Local Rules, the Court has considered the Motion to Seal, the public's interest in access to the affected materials, and alternatives to sealing. The Court determines that no less restrictive means other than sealing is sufficient inasmuch as Defendant's Sentencing Memorandum, Motion For Departure, Motion For Variance...
ORDER ROBERT J. CONRAD, JR. , District Judge . THIS MATTER is before the Court on the defendant's pro se motion for writ of error coram nobis alleging a state conviction from 2005 is invalid because he was not advised of the maximum punishment for the offense nor the collateral consequences of his plea. (Doc. No. 272 at 1). That conviction was used to enhance his sentence in the instant case. ( Id. ). However, the defendant has not shown that he has exhausted his remedies in state court...
ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER comes before the Court on a Motion to Dismiss for Failure to State a Claim by Defendant Buckeye Fire Equipment Company. (Doc. No. 4). I. BACKGROUND AND DISCUSSION Plaintiff James A. Adams was employed as a Line Worker at Defendant's Kings Mountain Plant from July 2018 until May 2019. On April 17, 2019, Plaintiff fractured his hand in a non-work-related incident. The next day, Plaintiff informed his supervisor of his injury....
ORDER DAVID S. CAYER , Magistrate Judge . THIS MATTER is before the Court on the "Motion for Admission Pro Hac Vice and Affidavit [for Louis M. Freeman]" (document # 4) filed December 30, 2019. For the reasons set forth therein, the Motion will be granted. The Clerk is directed to send copies of this Order to counsel for the parties, including but not limited to moving counsel, and to the Honorable Robert J. Conrad, Jr. SO ORDERED.
ORDER GRANTING JOINT MOTION TO MAIL CLASS ACTION FAIRNESS ACT NOTICE BY JANUARY 9, 2020 DAVID S. CAYER , Magistrate Judge . This matter having come before this Court on the JOINT MOTION TO MAIL CLASS ACTION FAIRNESS ACT NOTICE BY JANUARY 9, 2020; considering the Motion and it appearing to this Court that good cause exists for the granting of said Motion; that said Motion be allowed; and that the Motion should be Granted. IT IS THEREFORE ORDERED that: 1. The Parties' JOINT MOTION TO...
ORDER Robert J. Conrad Jr. , United States District Judge . THIS MATTER comes before the Court on Plaintiff's Motion for Summary Judgment, (Doc. No. 49), and Defendant's Motion for Summary Judgment, (Doc. No. 50). Plaintiff Charlotte-Mecklenburg Board of Education ("Plaintiff" or "CMBE") controls and operates Mecklenburg County public schools, including the Metro School. Metro serves students who are cognitively disabled. Defendant Disability Rights of North Carolina ("Defendant" or "...
ORDER ROBERT J. CONRAD, JR. , District Judge . THIS MATTER comes before the Court on Defendant's Motion to Enforce Mediated Settlement, (Doc. No. 51), and the Magistrate Judge's Memorandum and Recommendation ("M&R"), (Doc. No. 58). I. BACKGROUND On September 26, 2019, Defendant filed the instant Motion to Enforce Mediated Settlement. (Doc. No. 51.) In the M&R, the Magistrate Judge recommended that this Court grant Defendant's motion. (Doc. No. 58, at 5.) The Magistrate Judge advised...
ORDER ROBERT J. CONRAD, JR. , District Judge . THIS MATTER is before the Court on Petitioner's Unopposed Motion for Abeyance. (Doc. No. 18). Petitioner filed a Motion to Vacate pursuant to 28 U.S.C. 2255 seeking relief pursuant to United States v. Johnson , 135 S.Ct. 2551 (2015). This matter stayed pursuant to Beckles v. United States , No. 15-8544, then United States v. Simms , No. 15-4640. See (Doc. Nos. 4, 9). Petitioner filed a Supplemental Memorandum in September 2019...
ORDER ROBERT J. CONRAD, JR. , District Judge . THIS MATTER comes before the Court on Defendant SPX Corporation's Motion for Partial Summary Judgment. (Doc. No. 90.) I. BACKGROUND This is an action to enforce the health benefits provisions of two court-approved settlement agreements. In 2001, Plaintiff International Union United Automobile, Aerospace and Agricultural Implement Workers of America, UAW (the "Union") and six individuals brought two separate class actions in the Western...
ORDER ROBERT J. CONRAD, JR. , District Judge . THIS MATTER is before the Court upon the government's motion, (Doc. No. 47), and the defendant's response, (Doc. No. 52), consenting to holding this matter in abeyance pending exhaustion of the defendant's administrative remedies. IT IS, THEREFORE, ORDERED that this matter is stayed pending the issuance of a final administrative decision by the Bureau of Prisons on the defendant's request for a compassionate-release reduction in sentence....
ORDER Robert J. Conrad, Jr. , United States District Judge . THIS MATTER is before the Court on Petitioner's Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255, (Doc. No. 1), in which he raises a claim pursuant to Johnson v. United States , ___ U.S. ___, 135 S.Ct. 2551 , 192 L.Ed.2d 569 (2015). The Government agrees that the 2255 Motion to Vacate should be granted and argues that the Government should be relieved of its obligations under the plea agreement and that...
ORDER ROBERT J. CONRAD, JR. , District Judge . THIS MATTER is before the Court on Petitioner's Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255, (Doc. No. 1), in which he raises a claim pursuant to Johnson v. United States , 135 S.Ct. 2551 (2015), and on the Government's Motion to Dismiss, (Doc. No. 8). I. BACKGROUND Petitioner pled guilty in the underlying criminal case to: Counts (2) and (5), Hobbs Act robbery and aiding and abetting on February 11, 2006 and...
JUDGMENT MARTIN REIDINGER , District Judge . FOR THE REASONS stated in the Memorandum of Decision and Order entered contemporaneously herewith, IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that the Plaintiff's Motion for Default Judgment [Doc. 16] is GRANTED IN PART and DENIED IN PART. Specifically, the Motion is GRANTED to the extent that the Plaintiff David Oppenheimer shall have and recover of the Defendants James Sean Griffin and Jennifer Fowlkes Griffin, jointly and...
MEMORANDUM OF DECISION ANDORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Plaintiff's Motion for Default Judgment [Doc. 16]. I. PROCEDURAL BACKGROUND On September 24, 2018, the Plaintiff David Oppenheimer (the "Plaintiff") filed a complaint against the Defendants James Sean Griffin and Jennifer Fowlkes Griffin (collectively the "Defendants"), asserting claims for copyright infringement and violations of the Digital Millennium Copyright Act ("DMCA"). [...
MEMORANDUM OF DECISION AND ORDER MARTIN REIDINGER , District Judge . THIS MATTER is before the Court following a bench trial on November 13, 2019. Upon consideration of the testimony and evidence presented by the parties, the Court hereby enters the following Findings of Fact and Conclusions of Law. PROCEDURAL BACKGROUND On June 12, 2017, the Plaintiff Gregory Armento ("Armento" or the "Plaintiff") initiated this suit against the Defendant Asheville Buncombe Community Christian...
ORDER GRAHAM C. MULLEN , District Judge . THIS MATTER IS BEFORE THE COURT on the Motions for Admission Pro Hac Vice ("Motions") concerning Peter J. Klock, II (Doc. No. 13), Brett M. Amron (Doc. No. 14), and Lissette M. Carreras (Doc. No. 15), which were filed December 20, 2019. Upon review and consideration of the Motions, which were accompanied by submission of the necessary fees, the Court hereby grants the Motions. In accordance with Local Rule 83.1(B), Mr. Klock. Mr. Amron,...
ORDER ROBERT J. CONRAD, JR. , District Judge . THIS MATTER comes before the Court on Plaintiff Nike USA, Inc.'s ("Plaintiff") Unopposed Motion for Entry of Consent Judgment and Order. (Doc. No. 50.) Plaintiff filed a Complaint in this action (the "Action") against Defendants WDP Soccer, Inc. d/b/a Premier Soccer, Walter Donald Pennington, Sr. a/k/a W. D. Pennington, Sr., and William Frederick Pennington a/k/a W. Fred Pennington (collectively, the "Defendants" and together with Plaintiff,...
