MEMORANDUM AND ORDER WILLIAM G. YOUNG 1 , District Judge. I. INTRODUCTION The motions to dismiss by defendants Kondaur Capital Corporation ("Kondaur"), Mortgage Electronic Registration Systems, Inc. ("MERS"), and Shapiro & Kirsch, LLP ("Shapiro & Kirsch") stem from a seven-count complaint by plaintiff Keith T. Finley ("Finley"). Finley filed this complaint in response to foreclosure proceedings initiated by Kondaur. In December 2006, Finley executed a mortgage with WMC Mortgage Corporation ("...
MEMORANDUM & ORDER WILLIAM G. YOUNG, * District Judge. I. INTRODUCTION This motion involves indemnity and contribution claims by Duncan-Williams, Inc. ("Duncan-Williams") seeking $1,200,000 that Duncan-Williams paid to Ruskin Vest, a buyer of bonds funding a real estate development involving each of the Moving Defendants, Eugene H. Borgosz, Capstone Development, LLC, Triangle Construction Management, LLC, and Selective Services, Inc. (the "Borgosz entities"). 1 The Borgosz entities now...
MEMORANDUM WILLIAM G. YOUNG, District Judge. I. INTRODUCTION Frederick and Frances Delano (collectively, the "Delanos") initiated a product liability action against Abbott Laboratories ("Abbott"). The Delanos allege that Frederick Delano ("Delano") was injured by Abbott's failure to warn about the increased risk of acquiring histoplasmosis, a fungal infection, when Abbott's drug Humira is administered with a complimentary drug in the Mississippi valley, a region with high exposure to the...
OPINION S. THOMAS ANDERSON, District Judge. Appellant Federal National Mortgage Association ("Fannie Mae") appeals the decision of the United States Bankruptcy Court for the Western District of Tennessee, confirming the Fifth Amended Plan of Reorganization and Supplemental Amendment proposed by Appellee Village Green I, GP ("Village Green"), the Debtor in the bankruptcy proceeding. For the reasons set forth below, the decision of the Bankruptcy Court is AFFIRMED IN PART, REVERSED AND...
ORDER SAMUEL H. MAYS, JR., District Judge. The original Complaint in this matter was filed by the Board of Education of Shelby County, Tennessee (the "Shelby County Board") on February 11, 2011. (ECF No. 1.) On June 26, 2012, Third-Party Plaintiff the Board of County Commissioners of Shelby County, Tennessee (the "Commissioners") moved to file a Third-Party Complaint for declaratory relief, permanent and preliminary injunctive relief, and an expedited hearing. (ECF No. 288.) The Commissioners...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND OVERRULING DEFENDANTS' OBJECTIONS S. THOMAS ANDERSON, District Judge. Before the Court is the Report and Recommendation of Defendants' (sic) Mark Goodfellow and It's All Good Auto Sales, Inc's Motion to Dismiss (D.E. #19) entered by United States Magistrate Judge Charmiane G. Claxton on August 30, 2012. Also before the Court is Defendants' (sic) Mark Goodfellow and It's All Good Auto Sales, Inc.'s Objections to the Report and...
ORDER GRANTING IN PART, DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT S. THOMAS ANDERSON, District Judge. Before the Court is the government's Motion for Summary Judgment (D.E. # 22) filed on December 12, 2011. Defendants American Mercantile Corporation, Ingredients Corporation of America, and Damon S. Arney have filed a response in opposition to Plaintiff's Motion. The government has filed a reply, and Defendants have filed a sur-reply. For the reasons set forth below, Plaintiff's...
ORDER GRANTING DEFENDANTS' MOTIONS TO DISMISS S. THOMAS ANDERSON, District Judge. Before the Court are Defendants' separately-filed Rule 12 Motions. Specifically, Defendant Frank A. McGrew, M.D., and the Stern Cardiovascular Foundation, Inc. (incorrectly named as the Stern Ownership Group, LLC d/b/a The Stern Cardiovascular Center) filed a Rule 12(b)(6) and 12(e) Motion on March 23, 2012 (D.E. # 31). Defendant Baptist Memorial Health Care Corporation and Baptist Memorial Hospital-Memphis...
ORDER DOUGLAS HARPOOL , District Judge . Before the Court is Defendants' Motion for Summary Judgment (Doc. 61). The Court has carefully considered the motion and related legal suggestions. As set forth herein, Defendants' Motion for Summary Judgment is granted. BACKGROUND Plaintiff Robert H. McCurren, III was born on September 12, 1950. He began working for Dr. Pepper in 1974. In 1980, Plaintiff began working with defendant Matson, and they worked closely together from 1980 until 2010....
ORDER GRANTING GENERIC DEFENDANTS' MOTION TO DISMISS S. THOMAS ANDERSON, District Judge. Seven cases involving Defendant Wyeth LLC ("Wyeth") and other pharmaceutical companies identified later in this Order are currently pending before the Court. These cases revolve around Plaintiffs' injuries arising from their ingestion of the brand name drug Reglan or its generic version, metoclopramide. The Court will discuss the various Defendants in these cases below, but it will collectively refer to...
ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT S. THOMAS ANDERSON, District Judge. Before the Court is Defendants Northland Germantown Falls, LLC; Northland Stone Ridge, LLC; and Northland Investment Corporation's Motion for Summary Judgment (D.E. # 43) filed on May 25, 2012. Plaintiff has filed a response in opposition. Trial in this matter is currently set to commence on September 17, 2012. For the reasons set forth below, Defendant's Motion is DENIED without prejudice. BACKGROUND...
ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS SAMUEL H. MAYS, Jr., District Judge. Before the Court is Plaintiff Huey C. Calhoun's ("Calhoun") June 20, 2012, Motion to Dismiss without prejudice for lack of subject matter jurisdiction. (Mot., ECF No. 15.) Defendant the United States (the "Government") responded on June 21, 2012. (Resp., ECF No. 15.) The Government contends dismissal should be with prejudice because this is the second action filed in federal court. For the following reasons,...
ORDER GRANTING PLAINTIFF'S MOTION TO REMAND CASE TO STATE COURT, DENYING PLAINTIFF'S MOTION FOR ATTORNEY'S FEES, AND FINDING AS MOOT DEFENDANT MICHAEL CHRITTON'S MOTION FOR JOINDER TO NOTICE OF REMOVAL S. THOMAS ANDERSON, District Judge. Before the Court is Plaintiff's Motion to Remand the Case to State Court and for Attorney's Fees (D.E. # 13), filed on February 28, 2012. Defendants filed a Response (D.E. # 16) on March 13, 2012. Plaintiff filed a Reply (D.E. # 27) on April 23, 2012. Also...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO COMPEL CHARMIANE G. CLAXTON, Magistrate Judge. Before the Court is Defendant Federal Express Corporation's ("FedEx") Motion to Compel disclosure of the identity of Plaintiff Manjunath A. Gokare, P.C.'s ("Plaintiff") Rule 26(b)(4)(D) expert and responses to certain interrogatories. (Docket Entry "D.E."#93). The instant motion was referred to United States Magistrate Judge Charmiane G. Claxton for determination. (D.E. # 97). For...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING DEFENDANT'S MOTION TO SUPPRESS SAMUEL H. MAYS, Jr., District Judge. Before the Court is Defendant Kenneth Patterson's ("Patterson") July 21, 2011 Motion to Suppress. (Mot. to Suppress, ECF No. 23.) The United States of America (the "Government") responded in opposition on September 13, 2011. (Resp. of the United States to Def.'s Mot. to Suppress, ECF No. 28.) On March 30, 2012, the Magistrate Judge issued her Report and...
ORDER GRANTING IN PART, DENYING IN PART DEFENDANT OLD REPUBLIC EXCHANGE FACILITATOR COMPANY'S MOTION FOR ATTORNEY FEES AND COSTS S. THOMAS ANDERSON, District Judge. Before the Court is Defendant Old Republic Exchange Facilitator Company's Motion for Attorney Fees and Costs (D.E. # 39) filed on June 19, 2012. Plaintiff Notredan, LLC has filed a response in opposition to Defendant's Motion (D.E. # 41). 1 For the reasons set forth below, Defendant's Motion to Dismiss is GRANTED IN PART, DENIED...
ORDER GRANTING IN PART, DENYING IN PART PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT S. THOMAS ANDERSON, District Judge. Before the Court is Plaintiff Derek D. Fleming's Motion to Amend/Correct Pro Se Complaint (D.E. # 18) filed on April 30, 2012. Defendant Sharp Manufacturing Company of America ("Sharp") has responded in opposition to Plaintiff's Motion (D.E. # 21), and Plaintiff has filed a reply brief (D.E. #23). For the reasons set forth below, the Motion is GRANTED IN PART,...
ORDER GRANTING IN PART, DENYING IN PART DEFENDANT CITY OF MEMPHIS' MOTION TO DISMISS S. THOMAS ANDERSON, District Judge. Before the Court is Defendant City of Memphis' Motion to Dismiss (D.E. # 6) filed on April 10, 2012. Plaintiff Ralph Noyes has responded in opposition to Defendant's Motion (D.E. # 14). 1 For the reasons set forth below, Defendant's Motion is GRANTED IN PART, DENIED IN PART. BACKGROUND Plaintiff alleges that Memphis police officer Selgyna McQueen-Brown (hereinafter "...
ORDER JULIET GRIFFIN, Magistrate Judge. In accordance with the contemporaneously entered memorandum, the plaintiff's motion to allow nonsuit without prejudice (Docket Entry No. 31) is DENIED. It is so ORDERED.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO COMPEL CHARMIANE G. CLAXTON, Magistrate Judge. Before the Court is Defendant Federal Express Corporation's ("FedEx") Motion to Compel disclosure of the identity of Plaintiff Manjunath A. Gokare, P.C.'s ("Plaintiff") Rule 26(b)(4)(D) expert and responses to certain interrogatories. (Docket Entry "D.E."#93). The instant motion was referred to United States Magistrate Judge Charmiane G. Claxton for determination. (D.E. # 97). For...
