MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, District Judge. This civil action is before the Court on three motions to dismiss the third-party complaint (the "TPC"), pursuant to Federal Rule of Civil Procedure 12(b)(6), and submitted on behalf of the third-party defendants (collectively "defendants"): MeadWestvaco Corporation's ("MeadWestvaco") motion to dismiss [Doc. 14]; Union Carbide Corporation's ("UCC") motion to dismiss [Doc. 24]; and Citigroup Inc.'s ("Citigroup") motion for partial...
MEMORANDUM OPINION THOMAS A. VARLAN, District Judge. This civil action is before the Court on the Motion for Summary Judgment [Doc. 25], filed by defendant, Metropolitan Security Services, Inc., d/b/a Walden Security ("Walden"), pursuant to Rule 56 of the Federal Rules of Civil Procedure. In his complaint [Doc. 1-1], plaintiff C. Gene Foust claims he was subject to age-based discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. 621, et seq. (the "ADEA") and...
ORDER HARRY S. MATTICE, JR., District Judge. Before the Court are Plaintiff's Motion to Remand to Bradley County Circuit Court [Court Doc. 13], filed December 7, 2010; Defendant/Counter-Plaintiff's Motion for Default Judgment and to Strike Answer to Counter-Complaint [Court Doc. 22], filed January 20, 2011; and Plaintiff's Motion to Add Additional Claim and Additional Defendants [Court Doc. 39], filed August 12, 2011. For the reasons explained below, Plaintiff's Motion to Remand to Bradley...
MEMORANDUM CURTIS L. COLLIER, Chief Judge. Before the Court is a motion for summary judgment filed by Defendants Bradley County Government ("Bradley County" or "the County"), Sheriff Tim Gobble ("Sheriff Gobble"), and Sergeant J.F. Brown ("Sergeant Brown," collectively, "Defendants") (Court File No. 10). Plaintiff Brenda Sears has responded (Court File No. 17), and Defendants have replied (Court File No. 18). For the following reasons, the Court will GRANT IN PART the motion for summary...
MEMORANDUM AND ORDER THOMAS W. PHILLIPS, District Judge. This matter is before the Court on the Motion for Summary Judgment [Doc. 67] filed by Sheriff William Bivens 1 ("Sheriff Bivens") and Monroe County (collectively, "Defendants"). On June 1, 2007, plaintiffs Rodney Dillingham ("Dillingham") and William Mills ("Mills") (collectively, "Plaintiffs") filed this civil rights action under 42 U.S.C. 1983. Plaintiffs allege that Defendants violated several of their constitutional rights,...
MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, District Judge. This civil action is before the Court on plaintiff's request for injunctive relief [Docs. 2, 10]. 1 Defendants filed a response in opposition [Doc. 8], and plaintiff replied [Docs. 9, 10]. The Court then heard oral argument, at length, from all parties [Doc. 15]. The day after the hearing, defendants filed a notice of supplemental authority [Doc. 16]. The Court has thoroughly considered the filings as well as the arguments...
MEMORANDUM AND ORDER THOMAS W. PHILLIPS, District Judge. This matter is before the Court on the Motion to Compel Arbitration and Dismiss [Doc. 3] filed by defendants Combined Insurance Company of America ("Combined Insurance") and AON Insurance Management Services, Inc. ("AON") (collectively, "Defendants" for purposes of this Memorandum and Order). Plaintiff has filed this lawsuit against her former employer, Combined Insurance, and immediate supervisor, Michael Barrett ("Mr. Barrett"). In...
MEMORANDUM AND ORDER HARRY S. MATTICE, JR., District Judge. Plaintiff Ella D. McClellan brought this action for judicial review of the final decision of the Commissioner of Social Security that she was not disabled under the Social Security Act. The Court referred this matter to Magistrate Judge Susan K. Lee pursuant to 28 U.S.C. 636(b) and Federal Rule of Civil Procedure 72(b) for a Report and Recommendation ("R & R"). Magistrate Judge Lee entered her R & R [Court Doc. 16] on February 28,...
MEMORANDUM OPINION THOMAS A. VARLAN, District Judge. This is a breach of contract action by plaintiffs Tracy and Kim Wilson on a contract of insurance issued by defendant State Farm Fire & Casualty Company ("State Farm"). The matter is presently before the Court for a decision on the merits following a two-day bench trial that took place on January 18 and January 25, 2011. Plaintiffs seek relief for four causes of action arising out of their insurance policy with State Farm: (1) breach of...
ORDER J. RONNIE GREER, District Judge. This matter is before the Court to consider the Report and Recommendation of the United States Magistrate Judge dated May 11, 2011. In that Report and Recommendation, the Magistrate Judge recommends that the plaintiff's Motion for Summary Judgment, [Doc. 17], be denied and that the defendant's Motion for Summary Judgment, [Doc. 19], be granted. The plaintiff has filed objections to this Report and Recommendation. After careful de novo consideration of...
MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, District Judge. This civil action is before the Court on defendant's Motion for Summary Judgment [Doc. 20]. Plaintiff filed a response in opposition, and defendant filed a reply [Docs. 25, 27]. For the reasons explained below, the Court denies defendant's motion. I. Background and Relevant Facts Plaintiff Walter D. Hickman was born in 1946 [Doc. 25 3]. After he finished high school, plaintiff joined the Army for four years, during which time...
MEMORANDUM OPINION THOMAS W. PHILLIPS, District Judge. Lindsey Williams was an employee of Wal-Mart. In the early morning hours of July 4, 2009, after working a partial night shift at the Wal-Mart store in Sevierville, Williams left the store in her car. Thereafter, Williams was involved in a single car accident which took her life. Plaintiffs filed the instant action alleging wrongful death proximately caused by the negligence of Wal-Mart for failure to exercise reasonable care for the...
MEMORANDUM OPINION THOMAS W. PHILLIPS, District Judge. Plaintiff, a Seventh Day Adventist, brings this case against the University of Tennessee pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., alleging failure to accommodate her religious beliefs. Before the court is the University's motion for summary judgment. For the reasons discussed below, the University's motion is GRANTED. I. Background Plaintiff Kimberly Crider was hired by the University of...
MEMORANDUM CURTIS L. COLLIER, Chief Judge. Plaintiff Patricia Tolliver ("Plaintiff") brings this lawsuit against her former employer Children's Home-Chambliss Shelter ("Defendant"), alleging age and sex discrimination, retaliation, and other employment-related claims. Before the Court is Defendant's motion for summary judgment, which is supported by a memorandum (Court Files No. 11, 13). Plaintiff has responded (Court File No. 14), and Defendant has replied (Court File No. 15). For the...
MEMORANDUM OPINION LEON JORDAN, District Judge. This civil action is brought pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. 1001 et seq. Plaintiff is a former employee whose February 2005 application for long term disability benefits was eventually granted, but not until after he was fired in May 2005 for purported misconduct. He now seeks reinstatement of his employer-sponsored health insurance pursuant to an alleged unwritten ERISA plan allegedly...
MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, District Judge. This civil action is before the Court on the Joint Motion to Dismiss for Lack of Subject Matter Jurisdiction or Failure to State a Claim or, in the Alternative, for Summary Judgment [Doc. 203], 1 filed by defendants WorleyParsons Corporation ("WorleyParsons") and Geosyntec Consultants, Inc. ("Geosyntec") (also referred to collectively as "defendants"). In the motion, defendants move to dismiss the consolidated class action...
MEMORANDUM AND ORDER HARRY S. MATTICE, JR., District Judge. Plaintiff Brenda Satterwhite brought this action against Defendants Metropolitan Life Insurance Company, the Long Term Disability Plan for Employees of the U.S. Enrichment Corporation, and the United States Enrichment Corp. Plaintiff's initial Complaint alleged a cause of action under 29 U.S.C. 1132(a)(1)(B) and sought judicial review of a termination of long-term disability ("LTD") insurance benefits, which took effect as of...
MEMORANDUM AND ORDER THOMAS W. PHILLIPS, District Judge. This matter is before the Court on defendant ADT Security System, Inc's ("ADT") Motion for Summary Judgment. [Doc. 28]. Pursuant to Rule 56 of the Federal Rules of Civil Procedure, ADT has moved for summary judgment on each of Plaintiff's claims. In December 2006, Plaintiff contracted with ADT to have a security system installed at his convenience store. [Plaintiff's Complaint, Doc. 29-8, at 2, 7]. Under the contract, ADT agreed to...
MEMORANDUM OPINION CURTIS L. COLLIER, Chief Judge. Before the Court is a request contained in Defendant Toney Robinson's ("Defendant") sentencing memorandum wherein he asks the Court to declare that the Fair Sentencing Act of 2010, Pub. L. No. 111-220, 124 Stat. 2372 (2010) ("FSA" or "Act"), is retroactive so that he does not face the mandatory sentence as provided by 21 U.S.C. 841(b)(1)(B) prior to the enactment of the FSA. Having the benefit of Defendant's and the Government's arguments...
SENTENCING MEMORANDUM HARRY S. MATTICE, JR., District Judge. Presently before the Court are the sentencing memoranda of Defendant [Court Doc. 40] and the Government [Court Doc. 41]. The key question the parties identify and discuss in each of their memoranda is whether the amendments to the mandatory minimum penalties for violations of the Controlled Substances Act codified in the Fair Sentencing Act of 2010 ("FSA") Pub. L. No. 111-220, 24 Stat. 2372 (Aug. 3, 2010) should be apply to...
