ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court on Plaintiff Coastal Roofing Company, Inc.'s motion to vacate an arbitrator's award and Defendants' motion to lift the court's stay and confirm the arbitrator's award. For the reasons set forth herein, Plaintiff's motion to vacate is denied, and the court grants Defendants' motion and confirms the arbitrator's award. BACKGROUND Plaintiff Coastal Roofing Company, Inc. ("Coastal") is in the business of installing...
OPINION AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW MATTHEW J. PERRY, JR., Senior District Judge. Plaintiffs commenced these actions against the United States for damages after they were terminated from their Air Force jobs in March 1995. The first case, Civil Action 97-592, was filed pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), alleging several constitutional violations, among them that the Air...
ORDER TERRY L. WOOTEN, District Judge. This action was removed to this Court from the Court of Common Pleas for Horry County, South Carolina, on April 3, 2008. (Doc. #1). On February 5, 2010, the defendant United National Insurance Company filed a motion for summary judgment. (Doc. #55). The plaintiff filed a response in opposition on February 17, 2010. (Doc. #57). The defendant filed a reply to the response on March 1, 2010. (Doc. #59). This Court held a hearing on this matter on July 30,...
ORDER TERRY L. WOOTEN, District Judge. This matter is now before the undersigned for review of the Report and Recommendation ("the Report") filed by United States Magistrate Judge Shiva V. Hodges, to whom this case had previously been assigned pursuant to 28 U.S.C. 636(b) and Local Rule 73.02(B) (2) (D.S.C.). In her Report, Magistrate Judge Hodges recommends that default judgment be entered against Jimmagan's and Sheedy 1 and that they be found liable for willful violation of 47 U.S.C....
ORDER TERRY L. WOOTEN, District Judge. This matter is currently before the Court on Defendant Auto-Owner's (hereinafter "Auto-Owners" or "Defendant") pending motion for summary judgment. Plaintiff filed the instant action on March 19, 2009 based on diversity jurisdiction pursuant to 28 U.S.C. 1332. (Doc. # 1). On August 26, 2010, Defendant filed a motion for summary judgment. (Doc. # 48). Plaintiff filed a response in opposition to Defendant's motion for summary judgment on September 24,...
AMENDED ORDER AND OPINION MARGARET B. SEYMOUR, District Judge. This is a cost-recovery action brought under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 42 U.S.C. 9601, et seq., to recover costs incurred to remediate 33.95 acres of a 43 acre parcel of land in Charleston, South Carolina ("the Site"). On September 26, 2005, this lawsuit was filed under CERCLA 107 (42 U.S.C. 9607) by one of the Site's current owners, Ashley II...
ORDER TERRY L. WOOTEN, District Judge. South Carolina Citizens for Life, Inc. ("plaintiff") filed this civil action for declaratory and injunctive relief against Kenneth C. Krawcheck, Marvin D. Infinger, Edward E. Duryea, Johnnie M. Walters, Robert A. Bruce, Priscilla L. Tanner, and Susan P. McWilliams ("defendants"), all in their official capacities as commissioners of the South Carolina Ethics Commission, challenging the constitutionality of South Carolina law. The plaintiff filed a...
ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the Court upon Plaintiff's Motion for Attorney's Fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. Defendant contests the awarding of such fees, claiming that the Government's position in this case was substantially justified. For the foregoing reasons, Plaintiff's motion is denied. BACKGROUND On February 10, 2004, Plaintiff protectively filed an application for Social Security Insurance benefits...
ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon Defendants motion to dismiss Plaintiff John M. Rivers, Jr.'s ("Plaintiff") complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the court grants Defendant's motion to dismiss. SUMMARY OF FACTUAL ALLEGATIONS Plaintiff owned in excess of 100,000 shares of Wachovia Corporation, now known as Wells Fargo & Company ("Wachovia"). Plaintiff alleges in his Complaint that...
ORDER DAVID C. NORTON, District Judge. This Social Security case is before the Court upon the magistrate judge's recommendation that the Commissioner's decision be reversed and remanded under sentence four of 42 U.S.C. 405(g) for additional consideration. This Court is charged with conducting a de novo review of any portion of the magistrate judge's report to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained...
ORDER PATRICK MICHAEL DUFFY, District Judge. Before the court is Plaintiff Shaune Gossett's ("Plaintiff") motion to strike the Defendant Shon McMurtry's request for a jury trial. In response to Plaintiff's motion, Defendant Shon McMurtry moves the court to summarily dismiss this case for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. Because the court finds that it lacks subject matter jurisdiction over this matter, the court dismisses...
ORDER R. BRYAN HARWELL, District Judge. Pending before the Court is Defendant City of Abbeville's ("City") Objections to the Report and Recommendation ("R & R") of United States Magistrate Judge Bruce Howe Hendricks. This matter is before the Court upon the Plaintiff's Complaint, which alleges that the City terminated his employment for the exercise of his rights under the Family Medical Leave Act ("FMLA") of 1993. He also alleges claims for breach of contract and promissory estoppel. In the...
ORDER PATRICK MICHAEL DUFFY, District Judge. Claimant, Joseph F. Sherby ("Claimant") brought this action, pursuant to 42 U.S.C. 405(g) and 1383(c)(3), to obtain judicial review of a final decision of the Social Security Commissioner denying in part Claimant's claims for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act. See 42 U.S.C. 416(i), 423, 1381. The record contains a Report and Recommendation ("R & R") of a United States Magistrate Judge, made in...
ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the Court upon Defendant Janet Napolitano, Secretary of the United States Department of Homeland Security's ("Defendant") motion to dismiss Plaintiff Daryl L. Figueroa's ("Plaintiff") complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6) for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. On February 19, 2020, the Magistrate Judge recommended that...
ORDER TERRY L. WOOTEN, District Judge. This matter is currently before the Court on Defendant Ford Motor Company's (hereinafter "Ford") motion to dismiss Plaintiffs' second amended complaint (Doc. # 40); and on Defendant Snow Tire Company's (hereinafter "Snow Tire") motion to dismiss (or transfer) this action. (Doc. # 38). Plaintiffs filed the instant action on July 14, 2009. Plaintiffs filed an amended complaint on August 10, 2009, and a second amended complaint on December 3, 2009, which...
OPINION & ORDER HENRY M. HERLONG Jr., Senior District Judge. This matter is before the court on the parties' cross motions for summary judgment. For the reasons set forth below, the court grants in part and denies in part Plaintiff's motion for summary judgment and grants in part and denies in part Defendants' motions for summary judgment. I. FACTUAL AND PROCEDURAL BACKGROUND This matter arises out of an incident that occurred on November 3, 2005, in Greenwood County, South Carolina. (Am....
ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court upon Plaintiff's Motion for Attorneys' Fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d). Plaintiff also requests that he be given 30 days after service of the notice of an award of past due benefits to file a petition for fees under 42 U.S.C. 406(b). Defendant does not object to Plaintiff's request concerning the filing for attorney's fees under 42 U.S.C. 406(b) if benefits are...
ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court on Plaintiff John Wesley Williams' ("Plaintiff") objections to the Report and Recommendation ("R & R") of a United States Magistrate Judge, which recommends the court grant Defendants' motion for summary judgment. Plaintiff, an inmate at the Ridgeland Correctional Institution, has brought a claim for monetary damages pursuant to 42 U.S.C. 1983, alleging that he has wrongfully been required to wear a pink jumpsuit....
ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the court on Petitioner Maurice Graves's ("Petitioner") pro se application for writ of habeas corpus filed in this court pursuant to 28 U.S.C. 2254 on February 27, 2009. 1 On June 17, 2009, Respondent filed a return and motion for summary judgment. Petitioner filed a "Motion to Voluntary Withdrawal" on August 5, 2009 and filed a response in opposition to Respondent's motion for summary judgment on August 14, 2009. On...
ORDER PATRICK MICHAEL DUFFY, District Judge. Plaintiff Larry Kevin Goode ("Claimant") brought this action, pursuant to 42 U.S.C. 405(g) and 1383(c)(3), to obtain judicial review of a final decision of the Social Security Commissioner denying his claim for Supplemental Security Income ("SSI") benefits under Titles II and XVI of the Social Security Act. On September 18, 2009, in accordance with 28 U.S.C. 636(b)(1)(B), the Magistrate Judge entered a Report and Recommendation ("R & R")...
