MEMORANDUM OPINION AND ORDER J. RONNIE GREER, District Judge. This is a putative class action lawsuit brought by 143 named plaintiffs individually and on behalf of all others similarly situated for personal injury and/or property damage which arise from allegations of releases of radioactive, hazardous and toxic substances from a nuclear fuel processing facility (the "facility") into the surrounding environment since the facility began to operate in Erwin, Tennessee in 1957. The action...
MEMORANDUM OPINION THOMAS A. VARLAN, Chief Judge. This civil case is before the Court on two motions: a Motion for Summary Judgment on Behalf of Mike Myers [Doc. 58] filed by former Police Chief Mike Myers ("Myers"); and a separate Motion for Summary Judgment [Doc. 62] filed by the Town of Vonore ("Vonore"), Vonore Mayor Larry Summey ("Summey"), Alderman and Police Commissioner John Hammontree ("Hammontree"), and Alderman James Brown ("Brown") (collectively, "Vonore defendants"). Plaintiff...
MEMORANDUM CURTIS L. COLLIER, District Judge. Before the Court is Plaintiff Ford Motor Company's ("Ford") motion for summary judgment (Court File No. 42). Defendants Heritage Management Group, Inc. ("HMG") and Marc Collins ("Collins") responded to Plaintiff's motion (Court File No. 53), and Ford replied (Court File No. 56). For the reasons discussed below, the Court GRANTS Defendants' motion for summary judgment (Court File No. 42). The Court RESERVES RULING on the amount of damages...
MEMORANDUM OPINION LEON JORDAN, District Judge. This civil action is before the court for consideration of the "Motion for Summary Judgment of Defendant Monterey Mushrooms, Inc." [doc. 24]. Plaintiff has filed a response [docs. 36, 37], and defendant has submitted a reply [doc. 38]. Oral argument is unnecessary, and the motion is ripe for the court's determination. Plaintiff has brought suit pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101 et seq., and the Family...
MEMORANDUM AND ORDER SUSAN K. LEE, United States Magistrate Judge. Before the Court is a supplemental motion for summary judgment [Doc. 38] filed by Plaintiff American Bank, a cross-motion for summary judgment [Doc. 44] filed by Defendant Cornerstone Community Bank, and a motion to certify a question of law to the Supreme Court of Tennessee [Doc. 48] filed by Defendant. For the reasons explained below, Defendant's motion to certify a question of law to the Supreme Court of Tennessee [Doc. 48]...
ORDER SUSAN K. LEE, Magistrate Judge. This matter came before the Court on the parties' Joint Motion to Compel. (Court File No. 53). Following arguments of counsel and instruction from the Court, the parties and Peyton's Southeastern, Inc; Kroger Limited Partnership I, LLC; Kroger Group, Inc.; KRGP, Inc.; and The Kroger Company hereinafter ("Kroger") enter the following Agreed Order to the parties' Motion. It is therefore; ORDERED, ADJUGED AND DECREED that: 1. Kroger will produce documents...
ORDER TENA CAMPBELL, District Judge. In 2006, Plaintiff National Fitness, 1 an owner of health clubs in eastern Tennessee, entered into a Facility License Agreement (Agreement) with Defendant Custom Built, 2 a personal training company. The parties agreed that Custom Built would provide personal training services to health club members at the National Fitness facilities and pay a monthly license fee in exchange for what Custom Built argues was an exclusive right to sell the personal...
MEMORANDUM CURTIS L. COLLIER, District Judge. Before the Court is a motion for summary judgment filed by Defendant Publix Super Markets, Inc. ("Defendant" or "Publix") (Court File No. 12). Plaintiff Elaine Scola ("Plaintiff") submitted a response (Court File No. 16) and Defendant submitted a reply (Court File No. 17). For the following reasons, the Court will GRANT Defendant's motion for summary judgment (Court File No. 12). I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Elaine Scola was...
MEMORANDUM AND ORDER HARRY S. MATTICE, JR., District Judge. Before the Court are Defendant Brown-Forman Corporation's ("BFC") Motion for Leave to File Excess Pages (Doc. 31), Defendants' Motions for Summary Judgment (Docs. 37, 44), and Motions in Limine filed by both parties (Docs. 58, 60, 62, 64, 66, 70, 75). BFC's Motion for Leave to File Excess Pages (Doc. 31) is GRANTED. The Court has considered Defendants' Motions for Summary Judgment, as well as Plaintiff's Response (Doc. 55) and...
ORDER ON OBJECTIONS TO MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION J. RONNIE GREER, District Judge. Each of these cases alleges that the defendants have violated the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692 et seq., and in each case defendants have filed either a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) or a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). 1 These motions were previously referred to...
ORDER HARRY S. MATTICE, JR., District Judge. Before the Court is Plaintiffs' Motion for Preliminary Injunction. (Doc. 16). Plaintiffs move the Court to enjoin Defendant Hamilton County, Tennessee ("Hamilton County" or "the County") from continuing its practice of commencing meetings of the Hamilton County Commission ("the Commission") with a prayer. This case presents a unique question, the legal underpinnings of which the United States Court of Appeals for the Sixth Circuit has yet to...
MEMORANDUM CURTIS L. COLLIER, Chief Judge. Tennessee has set up a system to allow individuals to call a single number, "911," to obtain assistance in emergencies. The 911 number has become so widely known that it is now ubiquitous. The state also set up a system to manage 911 calls and the emergency response and provided a mechanism to fund the system. This case involves the ubiquitous emergency telephone number "911" and how the system that manages the emergency 911 system is funded in...
MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, District Judge. This civil action is before the Court on defendant's Motion to Dismiss [Doc. 18]. Defendant moves to dismiss Counts I, II, V, VI, and VII of the complaint for failure to state a claim upon which relief may be granted. 1 Plaintiffs filed a response in opposition [Doc. 25], 2 and defendant replied [Doc. 27]. For the reasons explained herein, the motion will be GRANTED IN PART and DENIED IN PART . I. Background 3 Plaintiffs...
MEMORANDUM OPINION THOMAS W. PHILLIPS, District Judge. This Social Security appeal is before the court on the report and recommendation filed by United States Magistrate Judge H. Bruce Guyton [Doc. 24]. There have been no timely objections to the report and recommendation, and enough time has passed since the filing of the report and recommendation to treat any objections as having been waived. See 28 U.S.C. 636(b)(1); Fed.R.Civ.P. 72(b). After a careful review of this matter, the court...
MEMORANDUM AND ORDER THOMAS W. PHILLIPS, District Judge. Defendant, Antonio Perez Edwards has filed a pro se motion to receive credit for jail time served. [Doc. 30]. Specifically, defendant requests the court to credit the time served in federal custody prior to sentencing. Credit for time served is governed by 18 U.S.C. 3585(b). Credit is given for any time spent in official detention when an inmate is detained pursuant to a detention order which conforms to 18 U.S.C. 3142(i)(2);...
MEMORANDUM AND ORDER THOMAS W. PHILLIPS, District Judge. Defendant, Roger W. Mills has filed a pro se motion to receive credit for jail time served. [Doc. 208]. Specifically, defendant requests the court to credit the 9 months served in federal custody prior to sentencing. The Defendant alleges that he has spoken to the Bureau of Prisons, but the Bureau of Prisons informed the Defendant that the Court had the authority to credit him for time served. The Defendant is, unfortunately,...
MEMORANDUM AND ORDER DENNIS H. INMAN, Magistrate Judge. These cases are factually related, and intimately so. They have at least one over-arching common denominator: a series of loans made by Branch Banking and Trust Company ("BB&T") to Raceday Center, LLC ("Raceday"). Those loans were evidenced by promissory notes and various related loan documents. Some of those related documents were guaranty agreements signed by David Robinette, Michael Nidiffer, and Brent Roswall (the "guarantors") to...
MEMORANDUM AND ORDER WILLIAM B. MITCHELL CARTER, District Judge. In accordance with Rules 5 and 5.1 of the Federal Rules of Criminal Procedure and in accordance with the Bail Reform Act, 18 United States Code 3142(f), the preliminary hearing was held in this action on August 9, 2012. Those present included: (1) AUSA Jay Woods for the United States of America. (2) The defendant, EDUARDO MORALES-COTTO. (3) Attorney Aubrey Harper for defendant. (4) Homeland Security Investigator Clint...
MEMORANDUM AND ORDER H. BRUCE GUYTON, District Judge. This case is before the undersigned pursuant to 28 U.S.C. 636, the Rules of this Court, and the orders of the District Judge [Docs. 50, 58] referring Defendants' Motion for Stay of Discovery and Rule 26 Disclosures and Memorandum of Law in Support Thereof [Doc. 49] and Plaintiffs' Motion for Equitable Tolling on Behalf of Potential Opt-in Plaintiffs [Doc. 58] to the undersigned for disposition or report and recommendation as may be...
ORDER CURTIS L. COLLIER, Chief District Judge. On July 20, 2012, United States Magistrate Judge Susan K. Lee filed a report and recommendation ("R&R") (Court File No. 4) regarding Plaintiff Rebecca W. Thurman's ("Plaintiff") Application to Proceed In Forma Pauperis ("Application") (Court File No. 2). The magistrate judge recommended that Plaintiff's Application be denied and the case be closed because the Application lacked sufficient information for the court to determine Plaintiff's...
