REPORT AND RECOMMENDATION BARBARA D. HOLMES , Magistrate Judge . To: The Honorable William L. Campbell, Jr., District Judge Currently pending is Plaintiff's motion for a determination that this Court may exercise subject matter jurisdiction. See Docket Entry ("DE") 43. Defendant has filed a responsive brief that includes a motion to dismiss for lack of subject matter jurisdiction. See DE 46. Plaintiff has also filed a reply to Defendant's response. See DE 47. Both motions have...
ORDER WAVERLY D. CRENSHAW, JR. , Chief District Judge . Smith commenced this action in the Davidson County Circuit Court and State Farm Insurance Company (the only remaining defendant) removed it to this Court on the basis of diversity jurisdiction. (Doc. No. 1 at 7.) Remand is the proper course of action because, "as a United States Citizen residing in Bermuda, Smith [can] not establish diversity jurisdiction." Smith v. Queener , No. 17-5770, 2018 WL 3344176, at *2 (6th Cir. Jan. 4,...
MEMORANDUM ALETA A. TRAUGER , District Judge . This matter was originally brought as a qui tam action by relator Suzanne Alt on March 9, 2016. (Doc. No. 1.) It was consolidated with several other pending qui tam actions on April 15, 2019. (Doc. No. 42.) After announcing their intent to intervene in part in April 2019 (Doc. Nos. 43, 44), the United States and the State of Tennessee (collectively, "the government" or "the plaintiffs") filed their Consolidated Complaint in Intervention...
MEMORANDUM ALETA A. TRAUGER , District Judge . The United States of America and the State of Tennessee (collectively, "the government" or "plaintiffs") bring this action under the False Claims Act ("FCA"), 31 U.S.C. 3729 et seq. ; the Tennessee Medicaid False Claims Act ("TMFCA"), Tenn. Code Ann. 71-5-182 to -185; the Federal Priority Statute, 31 U.S.C. 3713; and common law theories of payment by mistake, unjust enrichment and fraud, against defendants Anesthesia Services...
REPORT AND RECOMMENDATION JEFFERY S. FRENSLEY , Magistrate Judge . Pending before the Court is a Motion to Strike the Answer of Transco Logistics Co. ("Transco") and for default judgment filed by the Plaintiffs in this matter. Docket No. 36. They have also filed a supporting memorandum of law. Docket No. 37. Transco has not responded to the Motion. For the reasons stated herein, the undersigned recommends that default judgment be entered against Defendant Transco and that the Motion to...
PROTECTIVE ORDER Jury Demand JOE B. BROWN , Magistrate Judge . This matter is before the court on Plaintiffs' Motion for Entry of Protective Order. By Order dated December 26, 2019, the Motion was GRANTED in part and DENIED in part. For good cause shown, discovery in the above-captioned litigation ("Proceeding") SHALL be governed by the following Protective Order. The Parties shall serve a copy of this Protective Order simultaneously with any discovery request made to a third party. The...
ORDER ELI RICHARDSON , District Judge . Pending before the Court is a Report and Recommendation of the Magistrate Judge (Docket No. 30), to which no Objections have been filed. The failure to object to a report and recommendation releases the Court from its duty to independently review the matter. Frias v. Frias , No. 2:18-cv-00076, 2019 WL 549506, at *2 (M.D. Tenn. Feb. 12, 2019); Hart v. Bee Property Mgmt. , Case No. 18-cv-11851, 2019 WL 1242372, at *1 (E.D. Mich. March 18, 2019) (...
ORDER JURY DEMAND JOE B. BROWN , Magistrate Judge . There is a pending Motion for Summary Judgment by the Defendants Bingham, Stonecrest Medical Center, and Trombley (DE 60). Subsequently the Defendant Sloas has filed a Motion to Join in the Motion for Summary Judgment (DE 63). That motion is Granted. The Plaintiff has filed a Response to the Motion for Summary Judgment which is actually a motion for more time. The Clerk will designate DE 64 as a Motion for More Time and that motion is...
MEMORANDUM OPINION & ORDER ELI RICHARDSON , District Judge . On October 10, 2019, Magistrate Judge Frensley issued a Report and Recommendation ("R&R") (Doc. No. 26), recommending that the Court grant Defendant TrueCore Behavioral Solutions, LLC's Motion to Dismiss 1 (Doc. No. 11). Plaintiff filed timely Objections (Doc. No. 30). 2 For the following reasons, the Magistrate Judge's R&R is ADOPTED in part and MODIFIED in part. I. Background The Court approves and adopts the background...
JUDGMENT OF ACQUITTAL ALETA A. TRAUGER , District Judge . On November 14, 2019, the Sixth Circuit Court of Appeals reversed the jury verdict that found the defendant guilty of perjury, Count 18 of the Indictment returned against her. (Docket No. 177). The Mandate has now issued (Docket No. 178). The appellate court having found insufficient evidence upon which the jury could have rendered a verdict of guilty on Count 18, the court hereby enters a judgment of acquittal as to this...
MEMORANDUM WILLIAM L. CAMPBELL, JR. , District Judge . Plaintiff Dr. Vanessa Garcia brings this case against the Metropolitan Government of Nashville and Davidson County, Tennessee ("Metro") asserting claims arising out of her employment with the public-school system, Metro Nashville Public Schools ("MNPS"). Pending before the Court are Defendant's Motion for Summary Judgment (Doc. No. 47) and Plaintiff's Motion for Partial Summary Judgment. (Doc. No. 59). 1 Defendant's Motion for...
MEMORANDUM OPINION WAVERLY D. CRENSHAW, JR. , CHIEF UNITED STATES DISTRICT JUDGE . Before the Court is a Motion for Summary Judgment by the Metropolitan Government of Nashville and Davidson County ("Metro") (Doc. No. 17), which has been fully briefed by the parties (Doc. Nos. 18, 21, & 26). For the reasons that follow, the Motion will be granted and this case will be dismissed. I. Factual Background On July 6, 2016, Philando Castile, his girlfriend Diamond Reynolds, and their...
JURY DEMAND ORDER JOE B. BROWN , Magistrate Judge . A two-hour twenty-minute discovery conference was held in this matter on December 17, 2019. The morning of the conference, the parties submitted a Joint Statement of Issues Concerning Discovery Disputes along with the discovery requests and responses. A copy of the Joint Statement will be attached as an Exhibit to this Order. Unfortunately, the requests and responses are both made without regard to the requirement for proportionality in...
ORDER ELI RICHARDSON , District Judge . Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc. No. 55), to which Plaintiff has filed Objections (Doc. No. 63), Defendant has filed a Response to Objections (Doc. No. 65), and Plaintiff has filed a Reply (Doc. No. 66). The Magistrate Judge recommended that Defendant's Partial Motion to Dismiss (Doc. No. 35) be granted. Also pending before the Court is Plaintiff's Motion for Reconsideration (Doc. No. 59), which...
MEMORANDUM OPINION ELI RICHARDSON , District Judge . Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc. No. 55), to which Plaintiff has filed Objections (Doc. No. 63), Defendant has filed a Response to Objections (Doc. No. 65), and Plaintiff has filed a Reply (Doc. No. 66). The Magistrate Judge recommended that Defendant's Partial Motion to Dismiss (Doc. No. 35) be granted and that Plaintiff's claims based on events that allegedly occurred before October...
MEMORANDUM ALETA A. TRAUGER , United States District Judge . Timothy Shane Dunning and Joseph Cox have filed a Motion for Summary Judgment (Docket No. 162), to which David Paul Bohler has filed a Response (Docket No. 180), and Dunning and Cox have filed a Reply (Docket No. 197). The City of Fairview has filed a Motion for Summary Judgment (Docket No. 167), to which Bohler has filed a Response (Docket No. 192), and Fairview has filed a Reply (Docket No. 203). Bohler has filed a Motion...
ORDER WILLIAM L. CAMPBELL, JR. , District Judge . Pending before the Court is the Magistrate Judge's Report and Recommendation (Doc. No. 24), which was filed on November 15, 2019. Through the Report and Recommendation, the Magistrate Judge recommends that this action be dismissed for lack of subject matter jurisdiction and because of the domestic relations exception to jurisdiction. The Magistrate Judge further recommends that Defendants' Motion to Dismiss (Doc. No. 20) be granted to the...
ORDER WILLIAM L. CAMPBELL, JR. , District Judge . Pending before the Court is the Magistrate Judge's Report and Recommendation (Doc. No. 16), which was filed on October 24, 2019. Through the Report and Recommendation, the Magistrate Judge recommends that Defendant's motion to dismiss (Doc. No. 9) and Plaintiff's motion for summary judgment (Doc. No. 14) be denied. Defendant filed an objection (Doc. No. 18) to the Report and Recommendation. 1 For the reasons discussed below, the...
REPORT AND RECOMMENDATION BARBARA D. HOLMES , Magistrate Judge . TO: Honorable Aleta A. Trauger, District Judge By Order entered January 28, 2019 (Docket Entry No. 9), 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 the Motion for Summary Judgment (Docket Entry No. 36) filed by...
REPORT AND RECOMMENDATION BARBARA D. HOLMES , Magistrate Judge . To: The Honorable Waverly D. Crenshaw, Chief District Judge Plaintiff filed 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") denying Plaintiff's claim for 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...
