MEMORANDUM CURTIS L. COLLIER, District Judge. Plaintiff Virtual Studios, Inc. ("Plaintiff" or "Virtual") alleged Defendant Beaulieu Group, LLC ("Defendant" or "Beaulieu") violated the United States Copyright Act of 1976, 17 U.S.C. 101 et seq. Beaulieu also filed a counterclaim against Virtual and sought, inter alia, a declaratory judgment pursuant to 28 U.S.C. 2201 and 2202 (and damages for breach of contract under state law). On June 13, 2013, a jury found in favor of Virtual and...
MEMORANDUM OPINION AND ORDER AMUL R. THAPAR, District Judge. Nuclear weapons have always been controversial. As this case demonstrates, they are likely to remain so. For better or worse, however, the political branches have decided that this country ought to retain a nuclear arsenal. Like most political judgments that touch on matters of conscience, reasonable people can disagree about the propriety of that decision. But such disagreement, even if inspired by deeply held moral views, must be...
MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, Chief Judge. This civil action is before the Court on defendant's motions for summary judgment [Docs. 36, 38], in which defendant moves the Court for summary judgment on all of plaintiffs' claims. Each plaintiff filed a response in opposition [Docs. 53, 54], to which defendant replied [Docs. 60, 62]. Plaintiffs subsequently filed sur-replies [Docs. 68, 69]. The Court has thoroughly considered the arguments of the parties, the relevant documents...
MEMORANDUM OPINION THOMAS A. VARLAN, Chief Judge. This civil action is before the Court on two motions: (1) the Defendants' Joint Motion for Summary Judgment [Doc. 16]; and (2) Plaintiff's Amended Motion for Partial Summary Judgment Against Defendants LVNV Funding, LLC, Tobie Griffin, and Buffaloe & Associates, PLC [Doc. 22]. 1 In their motion, defendants Sherman Financial Group, LLC ("Sherman"), LVNV Funding LLC ("LVNV"), Resurgent Services, L.P. ("Resurgent"), Tobie Griffin ("Griffin"),...
MEMORANDUM CURTIS L. COLLIER, District Judge. Before the Court is Defendant Hagaman Industries Inc.'s ("Defendant" or "Hagaman") motion for summary judgment (Court File No. 36) on Plaintiff Virtual Studios, Inc.'s ("Plaintiff" or "Virtual") claims Hagaman violated Plaintiff's copyright in a number of "room scene images" produced pursuant to a license agreement. Plaintiff responded in opposition (Court File No. 42) to which Hagaman replied (Court File No. 55). For the following reasons, the...
MEMORANDUM CURTIS L. COLLIER, District Judge. Before the Court is Defendant Buffalo & Associates, PLC's ("Defendant") partial motion for judgment on the pleadings (Court File No. 31). Defendant seeks dismissal of some of Plaintiff Larry Derry's ("Plaintiff") claims under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692, et seq. Plaintiff did not respond to Defendant's motion. For the following reasons, the Court will GRANT Defendant's motion (Court File No. 31). I....
MEMORANDUM CURTIS L. COLLIER, District Judge. Before the Court is Defendant Bull Moose Tube Company's ("Bull Moose") motion to dismiss for lack of jurisdiction (Court File No. 22). Plaintiff George Ratledge ("Plaintiff") responded to Bull Moose's motion (Court File No. 34), and Bull Moose replied to Plaintiff's response (Court File No. 38). Bull Moose argues the Court lacks personal jurisdiction over it because, although it maintains contacts with Tennessee, the injury in this case occurred...
MEMORANDUM HARRY S. MATTICE, Jr., District Judge. This is a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255 filed by petitioner Terrence Martin ("petitioner"). The government has filed its response to the motion and petitioner has filed his reply to the response. For the following reasons, the 2255 motion to vacate will be DENIED and this action will be DISMISSED . I. Standard of Review This court must vacate and set aside petitioner's conviction upon a...
MEMORANDUM OPINION THOMAS A. VARLAN, Chief District Judge. This Social Security appeal is before the Court on the Report and Recommendation (the "R&R") entered by United States Magistrate Judge H. Bruce Guyton [Doc. 23]. In the R&R, Magistrate Judge Guyton concludes that substantial evidence supports the Commissioner's decision that plaintiff was not disabled during the relevant period because she can perform her past relevant work as an ad inserter. Plaintiff submitted objections to the R&R...
REPORT AND RECOMMENDATION H. BRUCE GUYTON, Magistrate Judge. This matter was referred to the undersigned pursuant to 28 U.S.C. 636(b), Rule 72(b) of the Federal Rules of Civil Procedure, and the Rules of this Court for a report and recommendation regarding the disposition by the District Court of the plaintiff's Motion For Summary Judgment [Doc. 15], and the defendant's Motion For Summary Judgment. [Doc. 17]. Plaintiff Bonnie Podewils ("Podewils") seeks judicial review of the decision of...
ORDER THOMAS A. VARLAN, Chief District Judge. For the reasons stated in the memorandum opinion filed contemporaneously herewith, plaintiff's motion for summary judgment [Doc. 15] is DENIED and defendant's motion for summary judgment [Doc. 19] is GRANTED. The Court ACCEPTS IN WHOLE the Report and Recommendation [Doc. 21] and the decision of defendant Commissioner denying plaintiff's application for a period of disability and disability insurance benefits is AFFIRMED. This case is...
MEMORANDUM OPINION THOMAS A. VARLAN, Chief District Judge. This Social Security appeal is before the Court on the Report and Recommendation (the "R&R") [Doc. 21] filed by United States Magistrate Judge C. Clifford Shirley, Jr., on June 14, 2013. In the R&R, Magistrate Judge Shirley found that the ALJ properly reviewed and weighed the evidence to determine that plaintiff is capable of performing medium work with certain enumerated restrictions. Accordingly, Magistrate Judge Shirley recommends...
ORDER THOMAS A. VARLAN, Chief District Judge. This Social Security appeal is before the Court on the Report and Recommendation entered by United States Magistrate Judge H. Bruce Guyton on August 8, 2013 [Doc. 13]. 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). In the Report and Recommendation,...
ORDER THOMAS A. VARLAN, Chief District Judge. For the reasons stated in the memorandum opinion filed contemporaneously herewith, plaintiff's objections [Doc. 24] are OVERRULED and the Court ACCEPTS IN WHOLE the R&R [Doc. 23], which the Court adopts and incorporates into its ruling. Plaintiff's motion for summary judgment [Doc. 15] is DENIED, the Commissioner's motion for summary judgment [Doc. 17] is GRANTED, and the decision of the Commissioner is AFFIRMED. This case is DISMISSED....
REPORT AND RECOMMENDATION H. BRUCE GUYTON, Magistrate Judge. This matter was referred to the undersigned pursuant to 28 U.S.C. 636(b), Rule 72(b) of the Federal Rules of Civil Procedure, and the Rules of this Court for a report and recommendation regarding the disposition by the District Court of the plaintiff's Motion For Summary Judgment [Doc. 9], and the defendant's Motion For Summary Judgment. [Doc. 11]. Plaintiff Sara Beth Antrican ("Antrican") seeks judicial review of the decision of...
MEMORANDUM AND ORDER H. BRUCE GUYTON, Magistrate Judge. This case is before the undersigned pursuant to 28 U.S.C. 636, the Rules of this Court, and the Referral Order of the District Judge [Doc. 193]. Now before the Court is Plaintiff's Motion to Interview Jurors [Docs. 188, 189]. 1 Plaintiff moves the Court to allow his counsel to interview one or more jurors regarding the effect of certain testimony that was presented at trial and the potential effect of exclusion of other testimony....
MEMORANDUM CURTIS L. COLLIER, District Judge. Floyd L. Hyatte ("Petitioner") has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 (Court File No. 2). Following a jury trial, Petitioner was convicted of first degree murder in the Valentine Day death of twenty-four year old Johnny Joe Dillard and sentenced to life imprisonment in the Tennessee Department of Corrections. See State v. Hyatte, No. 03C01-9511-CC-00343, 1997 WL 53454 (Tenn. Crim. App. Feb. 11, 1997), app....
MEMORANDUM AND ORDER WILLIAM B. MITCHELL CARTER, Magistrate Judge. TRAMALE JOHNSON ("Supervised Releasee") appeared for an initial appearance before U.S. Magistrate Judge on September 4, 2013, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure on the Petition for Warrant for Offender Under Supervision ("Petition"). At that hearing, the defendant requested time to prepare for a preliminary hearing and detention that was scheduled for hearing on September 10, 2013. Those...
MEMORANDUM HARRY S. MATTICE, Jr., District Judge. Defendant Ronald Tipton ("Tipton") has filed a pro se motion for post-conviction relief pursuant to 28 U.S.C. 2255 (Criminal Doc. 25). 1 Tipton pleaded guilty to Count One of a four-count indictment for knowingly, intentionally, and without authority distributing a mixture and substance containing 5 grams or more of a detectable amount of cocaine base, or "crack" in violation of Title 21 U.S.C. 841(a)(1) and 841(b)(1)(B). The...
MEMORANDUM AND ORDER WILLIAM B. BARTER, Magistrate Judge. MICHAEL T. PARDUE ("Supervised Releasee") appeared for an initial appearance before the undersigned on September 11, 2013, in accordance with Rule 32.1 of the Federal Rules of Criminal Procedure on the Amended Petition for Warrant for Offender Under Supervision ("Amended Petition"). Those present for the hearing included: (1) An Assistant United States Attorney for the Government. (2) The Supervised Releasee. (3) Attorney Mike...
