AMENDED ORDER ALISTAIR E. NEWBERN , Magistrate Judge . The Court's prior order (Doc. No. 993) is AMENDED to include the underlined language that follows: On December 29, 2018, counsel for Thomas Nelson provided the following status update by email copied to all parties regarding its execution of the Court's December 28, 2018 order (Doc. No. 987): We write to provide an update on Thomas Nelson's privilege logging. Our team of approximately 40 attorneys is reviewing the relevant document...
ORDER ALISTAIR E. NEWBERN , Magistrate Judge . On December 29, 2018, counsel for Thomas Nelson provided the following status update by email copied to all parties regarding its execution of the Court's December 28, 2018 order (Doc. No. 987): We write to provide an update on Thomas Nelson's privilege logging. Our team of approximately 40 attorneys is reviewing the relevant document set and logging those documents that are privileged in accordance with the Court's Order at Doc. 987, and...
MEMORANDUM OPINION ELI RICHARDSON , District Judge . Before the Court is the Motion to Dismiss (Doc. No. 9) of Defendants Champion Petfoods USA, Inc. and Champion Petfoods LP. Plaintiff, Matthew D. Ficarelli, responded in opposition (Doc. No. 26), and Defendants replied (Doc. No. 31). For the reasons discussed below, the Motion will be denied in part and deferred in part. FACTUAL BACKGROUND 1 Defendants sell a variety of premium-priced dog foods (the "Products") throughout the United...
MEMORANDUM OPINION ELI RICHARDSON , District Judge . Plaintiff Kevin Kolstad filed this action against his former employer, Leehar Distributors, LLC d/b/a LDI Integrated Pharmacy Services, alleging fraudulent inducement, promissory estoppel, and tortious interference with a business relationship. Before the Court is Defendant's Motion to Dismiss (Doc. No. 15), supported by an accompanying brief (Doc. No. 16). Plaintiff filed a response (Doc. No. 19), and Defendant replied (Doc. No. 23)....
MEMORANDUM OPINION ELI RICHARDSON , District Judge . Before the Court is Defendant Grupo Posadas SAB de CV d/b/a Aqua Beach Resort's Motion to Dismiss the Amended Complaint (Doc. No. 28). Plaintiff, Emily Reilly, has responded in opposition (Doc. No. 52), and Defendant replied (Doc. No. 54). For the reasons discussed below, the motion will be granted. FACTUAL BACKGROUND This action arises out of Plaintiff's injury to her left knee, which was allegedly caused by Defendant's negligence in...
MEMORANDUM OPINION WAVERLY D. CRENSHAW, JR. , Chief District Judge . In this action that was removed from the Chancery Court for Overton County, Tennessee, Roland Digital Media, Inc. ("Roland") challenges the denial of its applications to erect billboards in the City of Livingston, Tennessee ("the City"). Pending before the Court are Cross-Motions for Summary Judgment (Doc. Nos. 22, 23) that have been fully briefed by the parties (Doc. Nos. 22-1, 25, 27, 29). For the reasons that follow,...
MEMORANDUM & ORDER ALETA A. TRAUGER , District Judge . Pending before the court is a Motion to Dismiss filed by one of the defendants, Wilson & Associates, PLLC ("Wilson"), to which the plaintiffs, Frank Emil Amodio Jr. and Aryana Olson Amodio, have filed a Response 1 (Docket No. 10). For the reasons discussed herein, Wilson's motion will be granted in part. FACTUAL BACKGROUND 2 The Amodios are Tennessee residents. Wilson is an Arkansas entity that conducts foreclosure and debt...
MEMORANDUM OPINION ELI RICHARDSON , District Judge . Pending before the Court is a Motion to Dismiss (Doc. No. 25), filed by the "State Defendants." 1 Plaintiff has filed a Response in opposition to the Motion (Doc. No. 28). As set forth below, the Motion will be GRANTED to the extent that it seeks dismissal of Defendant Burns Phillips but otherwise will be DENIED. BACKGROUND Plaintiff is a private air ambulance provider, licensed and serving patients in Tennessee and other states....
MEMORANDUM AND ORDER WILLIAM L. CAMPBELL, JR. , District Judge . I. Introduction Pending before the Court are Defendant's Motion to Suppress Evidence (Doc. No. 24), and the Government's Response (Doc. No. 27). Through the Motion, Defendant seeks to suppress the firearm found in his pocket by police officers on February 20, 2018; the 15 grams of marijuana found, on that date, in the car he was driving; and the statements he made to officers on that date. The Court held a hearing on the...
REPORT AND RECOMMENDATION BARBARA D. HOLMES , Magistrate Judge . By Order entered April 16, 2018 (Docket Entry No. 15), the Court referred this pro se and in forma pauperis prisoner civil rights action to the Magistrate Judge for pretrial proceedings under 28 U.S.C. 636(b)(1)(A) and (B), Rule 72(b) of the Federal Rules of Civil Procedure, and the Local Rules of Court. Presently pending before the Court is the motion for summary judgment (Docket Entry No. 34) filed by Defendant...
REPORT AND RECOMMENDATION BARBARA D. HOLMES , Magistrate Judge . By Order entered May 21, 2018 (Docket Entry No. 8), the Court referred this prisoner civil rights action to the Magistrate Judge for pretrial proceedings under 28 U.S.C. 636(b)(1)(A) and (B), Rule 72(b) of the Federal Rules of Civil Procedure, and the Local Rules of Court. Pending before the Court is Defendants' motion for summary judgment (Docket Entry No. 44), to which Plaintiff has not filed a response. For the...
Jury Demand JOE B. BROWN , Magistrate Judge . TO: THE HONORABLE WILLIAM L. CAMPBELL, JR., UNITED STATES DISTRICT JUDGE REPORT AND RECOMMENDATION Presently pending in this matter is a Motion for Summary Judgment (Docket Entry 86) filed by the served defendants. For the reasons stated below, the Magistrate Judge RECOMMENDS that this motion be GRANTED and the claims against these defendants be DISMISSED with prejudice for failure to exhaust administrative remedies, and that the two...
REPORT AND RECOMMENDATION JEFFERY S. FRENSLEY , Magistrate Judge . This is a civil action filed pursuant to 42 U.S.C. 405(g), to obtain judicial review of the final decision of the Commissioner of Social Security denying Plaintiff Disability Insurance Benefits ("DIB"), as provided under Title II of the Social Security Act ("the Act"). The case is currently pending on Plaintiff's Motion for Judgment on the Administrative Record. Docket No. 12. Plaintiff has filed an accompanying...
ORDER WAVERLY D. CRENSHAW, JR. , Chief District Judge . Pending before the Court is a Report and Recommendation (Doc. No. 17) in which the Magistrate Judge recommends denying the Plaintiff's Motion for Judgment on the Administrative Record (Doc. No. 14) and affirming the decision of the Commissioner. No objection has been timely filed despite specific warnings regarding waiver that were provided to Plaintiff in the Report and Recommendation. The Court has carefully reviewed the Report...
REPORT AND RECOMMENDATION J. GREGORY WEHRMAN , Magistrate Judge . To: The Honorable Waverly D. Crenshaw, Chief District Judge Pending before the Court is Plaintiff's motion for judgment on the administrative record. See Docket Entry ("DE") 14. Plaintiff brought this action pursuant to 42 U.S.C. 405(g) and 1383(c)(3) to obtain judicial review of the final decision of the Social Security Administration ("Commissioner"). At issue is whether the administrative law judge ("ALJ") erred in...
MEMORANDUM OPINION ELI RICHARDSON , District Judge . Plaintiff Darryl McKibbens filed this action against his employer, Metropolitan Government of Nashville and Davidson County, alleging discrimination based on his race, as well as retaliation, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII") and the Tennessee Human Rights Act ("THRA"). 42 U.S.C. 2000e et seq. ; T.C.A. 4-21-101. Before the Court is Plaintiff's Motion for Summary Judgment (Doc. No. 22),...
MEMORANDUM OPINION WAVERLY D. CRENSHAW, JR. , CHIEF UNITED STATES DISTRICT JUDGE . Z.J., a former Vanderbilt University ("Vanderbilt") student, brings this action arising out of Vanderbilt's investigation of an accusation of sexual misconduct made against him by a female student ("A.H.") following an alleged physical incident that occurred after a St. Patrick's Day tailgate party. 1 After the investigation, Vanderbilt concluded that Z.J. had engaged in non-consensual sexual contact,...
MEMORANDUM AND ORDER ALISTAIR E. NEWBERN , Magistrate Judge . This action was referred to the Magistrate Judge to dispose or recommend disposition of pretrial motions under 28 U.S.C. 636(b)(1)(A) and (B). (Doc. No. 3, PageID# 34.) Now pending is Plaintiff Karen McKnuckles's motion for a trial by jury (Doc. No. 27), to which Defendant Centerstone of America has responded in opposition (Doc. No. 28). Because allowing a jury trial will not cause Centerstone any discernible prejudice,...
REPORT AND RECOMMENDATION JOE B. BROWN , Magistrate Judge . To: The Honorable Waverly D. Crenshaw, Jr., Chief United States District Judge Pending before the Court is Plaintiffs' motion for preliminary injunction (Docket Entry No. 7). For the reasons stated below, the Magistrate Judge RECOMMENDS that Plaintiffs' motion be GRANTED and that J.A. be placed in kindergarten at New Middleton Elementary School with a paraprofessional properly trained in dealing with Down Syndrome children...
MEMORANDUM OPINION WAVERLY D. CRENSHAW, JR. , CHIEF UNITED STATES DISTRICT JUDGE . Pending before the Court is Plaintiffs' Motion for Attorney's Fees and Expenses (Doc. No. 88), to which Defendants have filed a Response in opposition (Doc. No. 92), and Plaintiffs have filed a Reply (Doc. No. 93-1). The Court subsequently held oral argument on Plaintiffs' motion on October 25, 2018. (Doc. No. 95.) The Court ordered supplemental briefing, and the parties have now filed their respective...
