ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT S. THOMAS ANDERSON, District Judge. Before the Court is Plaintiff Electric Energy, Inc.'s ("EEI") Motion for Summary Judgment (D.E. # 23) filed on October 6, 2010. Defendant Jack Lambert ("Lambert") has responded in opposition. For the reasons set forth below, the Motion is GRANTED. BACKGROUND The following facts are not in dispute for purposes of this Motion unless otherwise noted. 1 At all times relevant herein, Lambert was a "...
ORDER DENYING PLAINTIFFS' MOTION TO STRIKE AND GRANTING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS SAMUEL H. MAYS, JR., District Judge. Before the Court in this action for medical malpractice are Defendant's Second Motion for Judgment on the Pleadings, filed May 12, 2010 and Plaintiffs' Motion to Strike Defendant's Second Motion for Judgment on the Pleadings filed May 19, 2010. ( See Def.'s Second Mot. for J. on the Pleadings, ECF No. 20 ("Def.'s Mot."); Pls.' Mot. to Strike Def.'s...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AS MODIFIED SAMUEL H. MAYS, JR., District Judge. Before the Court is Defendant James Baker's Motion to Suppress filed November 17, 2009 (Def.'s Mot., ECF No. 35) and Baker's Objections to the Report and Recommendation of Magistrate Judge Charmiane G. Claxton (Def.'s Objections, ECF No. 79). Magistrate Judge Claxton recommended that the Court deny Baker's Motion to Suppress. (Report and Recommendation on Def.'s Mot. to Suppress, ECF...
ORDER DENYING DEFENDANT SMITH & NEPHEW, INC.'S MOTION TO DISMISS BERNICE BOUIE DONALD, District Judge. Before the Court is Defendant Smith & Nephew, Inc.'s ("Smith & Nephew") April 13, 2010 Motion to Dismiss for lack of subject matter jurisdiction and failure to state a claim. (D.E. # 18.) On June 16, 2010, Plaintiff-Relator Samuel Adam Cox, III ("Relator") filed a response in opposition. With leave of the Court, Smith & Nephew filed a reply on June 29, 2010. For the reasons stated herein,...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS SAMUEL H. MAYS, JR., District Judge. Before the Court is a Motion to Dismiss filed by Defendant Hosto & Buchan, PLLC ("Hosto") on August 5, 2010. (Def.'s Mot. to Dismiss, ECF No. 5.) ("Def.'s Mot.") Plaintiff Krista Brown ("Brown") responded on September 3, 2010. (Pl.'s Resp. to Def.'s Mot. to Dismiss, ECF No. 8.) ("Pl.'s Resp.") Hosto replied on September 10, 2010. (Def.'s Reply, ECF No. 12.) Brown alleges that Hosto...
ORDER GRANTING IN PART AND DENYING IN PART THIRD-PARTY DEFENDANT BASF CONSTRUCTION CHEMICALS' MOTION TO DISMISS, AND GRANTING IN PART AND DENYING IN PART THIRD-PARTY PLAINTIFF THE GLIDDEN COMPANY'S MOTION TO AMEND SAMUEL H. MAYS, JR., District Judge. Before the Court is Third-Party Defendant BASF Construction Chemicals, LLC's ("BASF") September 1, 2009 Motion to Dismiss Third-Party Plaintiff The Glidden Company d/b/a ICI Paints' ("Akzo Nobel") Third-Party Complaint alleging causes of action...
ORDER GRANTING IN PART AND DENYING IN PART HEADWATERS'S MOTION FOR SUMMARY JUDGMENT AS TO ALL UNNAMED MEMBERS OF THE PLAINTIFF CLASS JON P. McCALLA, Chief Judge. Before the Court is Defendant Headwaters, Inc.'s Motion for Summary Judgment as to All Unnamed Members of the Plaintiff Class (Docket Entry ("D.E.") 790), filed April 14, 2010. The Class responded in opposition on May 20, 2010 (D.E. 811), and Headwaters filed a reply on June 1, 2010 (D.E. 821). For the following reasons, the motion...
ORDER GRANTING PLAINTIFF'S MOTION TO AMEND EDWARD G. BRYANT, United States Magistrate Judge. Before this Court is Plaintiff Ricky Anderson's Motion to Amend filed on March 23, 2010 [D.E. 18]. This motion was referred to the Magistrate Judge for determination on March 24, 2010 [D.E. 19]. Defendant Young Touchstone Company filed a Response in Opposition on April 2, 2010 [D.E. 20]. For the reasons stated herein, Plaintiff's motion is GRANTED. PROCEDURAL BACKGROUND Plaintiff filed his original...
ORDER GRANTING VERIFIED PETITION FOR RETURN OF CHILD BERNICE BOUIE DONALD, District Judge. On April 27, 2010, Petitioner Jean-Christophe Blanc ("Father") filed a verified petition in the United States District Court for the Western District of Tennessee pursuant to the 1980 Hague Convention on the Civil Aspects of International Child Abduction ("Hague Convention" or "Convention"), Oct. 24, 1980, T.I.A.S. No. 11670, S. Treaty Doc. No. 99-11, and the International Child Abduction Remedies Act,...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT S. THOMAS ANDERSON, District Judge. Before the Court is Defendants' Motion to Dismiss or in the alternative for Summary Judgment (D.E. # 4) filed on February 12, 2010. Plaintiff has responded in opposition to Defendants' Motion. For the reasons set forth below, the Motion is GRANTED. BACKGROUND Plaintiff's Complaint contains the following allegations: on or about December 20, 2008, Plaintiff Brandon...
ORDER GRANTING CHRIS CRIDER'S MOTIONS FOR SUMMARY JUDGMENT AND TO DISMISS PLAINTIFF'S FREEDOM-OF-ASSEMBLY CLAIM J. DANIEL BREEN, District Judge. Before the Court are two motions filed by Defendant, Chris Crider: for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, and to dismiss Plaintiff's freedom-of-assembly claim, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Docket Entry ("D.E.") Nos. 20 and 60.) The Plaintiff, Lindsey Whitney, has...
ORDER GRANTING IN PART, DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT S. THOMAS ANDERSON, District Judge. Before the Court is Defendant's Motion for Summary Judgment (D.E. # 18) filed on April 1, 2010. Plaintiff has responded in opposition to Defendants' Motion. For the reasons set forth below, the Motion is GRANTED IN PART, DENIED IN PART. BACKGROUND The following facts are not in dispute for purposes of this Motion unless otherwise noted. The Peabody hired Plaintiff Valeriy...
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT J. DANIEL BREEN, District Judge. Plaintiffs, Cynthia and Timothy Holt, filed suit against Defendants, Macy's Retail Holdings ("Macy's") and Department Stores National Bank ("DSNB"), in the Circuit Court of Madison County, Tennessee, which the Defendants (sometimes collectively "Macy's") removed to this Court on November 19, 2008. (Docket Entry ("D.E.") No. 1.) Pending before the Court is Defendants' motion for summary judgment,...
ORDER GRANTING DEFENDANT TENNESSEE DEPARTMENT OF TOURIST DEVELOPMENT'S MOTION TO DISMISS BERNICE BOUIE DONALD, District Judge. Before the Court is Defendant Tennessee Department of Tourist Development's ("the Department") Motion to Dismiss filed on February 1, 2010. (D.E. #54.) Plaintiff Jeffrey Jacobs ("Plaintiff") filed a response in opposition on February 26, 2010. For the reasons stated below, the Department's motion to dismiss is GRANTED. I. BACKGROUND 1 Plaintiff, a resident of...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF RILEY TURNER JON PHIPPS McCALLA, Chief District Judge. Before the Court is Defendant Hoops, LP's Motion for Summary Judgment against Plaintiff Riley Joe Turner (Docket Entry ("D.E.") 196), filed February 12, 2010. Plaintiff Riley Joe Turner ("Plaintiff") filed a response in opposition to Defendant's motion on March 15, 2010. (D.E. 207.) With leave of Court, Defendant filed a reply in support...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS SAMUEL H. MAYS, JR., District Judge. Before the Court are Defendants' February 11 and 12, 2010 Motions to Dismiss the Consolidated Amended Class Action Complaint ("CAC"). ( See ECF. Nos. 222, 226-29, 233.) The Lead Plaintiffs filed a Consolidated Response in Opposition on April 13, 2010. ( See ECF No. 238.) Defendants filed their Replies on May 28, 2010, and June 4, 2010. ( See ECF. Nos. 246-47, 249-51, 253.)...
ORDER ADOPTING IN PART AND OVERRULING IN PART MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND ORDER ENTERING FINAL DEFAULT JUDGMENT JON PHIPPS McCALLA, Chief Judge. This matter is before the Court on Plaintiff Tiffany Pruett's ("Plaintiff") Application (Motion and Memorandum) for Default Judgment (Docket Entry ("D.E.") 11), filed April 30, 2010. On May 12, 2010, the Court referred Plaintiff's Motion to the Magistrate Judge for report and recommendation (D.E. 15). On August 25, 2010, 2010 WL...
ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS AND STAYING CASE PENDING THE RESPONSE OF THE FUNDS' BOARD OF DIRECTORS SAMUEL H. MAYS, JR., District Judge. Before the Court are Defendants' December 15, 2009 Motions to Dismiss this shareholder derivative action. ( See Dkt. Nos. 57-58, 60-61, 64-65.) Plaintiffs filed two consolidated responses in opposition on February 15, 2010. ( See Dkt. Nos. 77-78.) Defendants then replied on April 5, 2010 ( see Dkt. Nos. 79-83), to which, with the...
MEMORANDUM OPINION ON DEFENDANT'S MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT BERNICE BOUIE DONALD, District Judge. Defendant Secretary of Veterans Affairs James B. Peake ("Defendant") filed a motion to dismiss or in the alternative for summary judgment on December 7, 2009. (D.E. #35.) On January 11, 2010, Plaintiff Richard P. Johnson ("Plaintiff") filed a response in opposition to Defendant's motion. By order dated June 1, 2010, the Court denied Defendant's motion and stated that an...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION SAMUEL H. MAYS, JR., District Judge. Before the Court is Defendant Greg Taylor's January 25, 2010 Motion to Suppress. The United States responded in opposition on February 2, 2010. The Motion was referred to Magistrate Judge Diane K. Vescovo on January 26, 2010. An evidentiary hearing was held before Magistrate Judge Vescovo on March 22, 24, and 26, 2010. On May 5, 2010, the Magistrate Judge filed her Report and Recommendation,...
