REPORT AND RECOMMENDATION CHARMIANE G. CLAXTON, Magistrate Judge. Before the Court, by way of Order of Reference (D.E. # 19), is Defendant's December 19, 2014 Motion for Leave to Appeal In Forma Pauperis 1 . (D.E. # 17). On December 5, 2014, District Judge Sheryl H. Lipman entered an Order remanding the instant case to the Shelby County General Sessions Court for lack of subject-matter jurisdiction. (D.E. # 14) Specifically, the District Court found that "there is not a federal question and...
REPORT AND RECOMMENDATION TU M. PHAM, Magistrate Judge. Before the court by order of reference is the Motion for Summary Judgment filed by defendant Funeral Directors Life Insurance Company ("FDLIC") on July 21, 2014. (ECF No. 87.) Plaintiff Michael Hooker filed responses in opposition on August 14, September 4, and September 5, 2014. (ECF Nos. 92, 95, 96.) For the reasons below, it is recommended that FDLIC's motion be granted. I. PROPOSED FINDINGS OF FACT 1. This action arises out of a...
REPORT AND RECOMMENDATION TU M. PHAM, Magistrate Judge. On November 21, 2014, defendants Federal Home Loan Mortgage Corporation ("Freddie Mac") and Makowsky Ringel Greenberg, LLC ("MRG") filed a Motion for Order Compelling Plaintiffs All Secure Guard & Patrol Services, Inc., Guylon Greer, and Tarris Greer (Collectively "the All Secure Parties") to Make Initial Disclosures and for Sanctions. (ECF Nos. 15 & 16.) In their motion, Freddie Mac and MRG stated that all parties participated in a Rule...
REPORT AND RECOMMENDATION TU M. PHAM, Magistrate Judge. Before the court are the motions for withdrawal of the application for entry of default against the City of Memphis ("City") and Cynthia Puljic, filed by plaintiff William David Burnside on December 2 and 3, 2014. (ECF Nos. 61, 62.) The undersigned entered a report and recommendation on August 29, 2014, recommending that the Clerk be directed to issue and effect service of process upon all defendants named in Burnside's amended complaint....
MEMORANDUM & ORDER YOUNG , District Judge . 1 I. INTRODUCTION The motion presently before this Court arises from a patent infringement suit filed by Multilayer Stretch Cling Film Holdings, Inc. ("Multilayer"), the assignee of U.S. Patent No. 6,265,055 (the "'055 Patent"), against Berry Plastics Corporation ("Berry"). Following the claim construction hearing and the filing of the Markman order, Berry filed its present motion for summary judgment, arguing that, as matter of law, none of...
ORDER DENYING MOTION TO WITHDRAW BANKRUPTCY REFERENCE J. DANIEL BREEN, Chief District Judge. Before the Court is the joint motion of the parties to withdraw the bankruptcy reference. (D.E. 1.) According to the filings, this matter originated with the commencement of a bankruptcy case pursuant to Chapter 11 of the Bankruptcy Code by the debtor, Saint Michael Motor Express ("Saint Michael"). The action was brought on May 22, 2008 as case number 08-11838 in the United States Bankruptcy Court for...
ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE J. DANIEL BREEN, Chief District Judge. This lawsuit was brought by the Plaintiff, Nelson Jenkins, who is represented by counsel, on January 29, 2013 against Hardeman County, Tennessee ("Hardeman County"); the Hardeman County, Tennessee Sheriff's Department (the "Sheriff's Department"); Sheriff John Doolen; Captain Leonard Brown; Lieutenant Chris McKinney and John Does One through Five alleging, pursuant to 42 U.S.C. 1983, violations of his rights...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION SAMUEL H. MAYS, Jr., District Judge. Before the Court is the Magistrate Judge's November 25, 2014 Report and Recommendation (the "Report") recommending that the case be transferred under 28 U.S.C. 1404(a). (Report, ECF No. 14.) No objection has been filed to the Report and the time to do so has passed. For the following reasons, the Report is ADOPTED and the case is transferred to the Northern District of California. Congress...
MEMORANDUM OPINION SHERYL H. LIPMAN, District Judge. Plaintiff Rachel Malone ("Malone") brings this action against Defendant United States of America for negligence pursuant to the Federal Tort Claims Act, 26 U.S.C. 2671 et seq. . ( See Am. Compl., ECF No. 21.) Malone filed her complaint (ECF No. 1) on September 28, 2012, alleging that the United States Postal Service's agent Edward Ware caused her physical injury by failing to adhere to the standard of reasonable care while operating a...
OPINION S. THOMAS ANDERSON, District Judge. Appellant Jesse Sandlin, who is proceeding pro se, appeals the decision of the United States Bankruptcy Court for the Western District of Tennessee to grant Appellee CitiMortage, Inc.'s ("CitiMortgage") motion for summary judgment and deny Sandlin's cross-motion for summary judgment. For the reasons set forth below, the decision of the Bankruptcy Court is AFFIRMED. BACKGROUND In its May 5, 2014 summary judgment order, the Bankruptcy Court...
ORDER DENYING MOTION FOR 54(b) CERTIFICATION AND VACATING DEFAULT JUDGMENT S. THOMAS ANDERSON, District Judge. BACKGROUND Before the Court is Plaintiff Synovus Bank's ("Synovus") Motion for Rule 54(b) Certification as to Default Judgment Against Defendant Christopher Montesi. (ECF No. 52). The Clerk of Court entered default as to Defendant Christopher D. Montesi ("Montesi") on July 29, 2014. (ECF No. 37). Synovus then filed a Motion for Default Judgment as to Christopher D. Montesi on July...
ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT S. THOMAS ANDERSON, District Judge. Before the Court is Defendant Kroger Limited Partnership I's Motion for Summary Judgment (D.E. # 27) filed on September 16, 2014. Plaintiff Tyania Jackson filed a response in opposition to Defendant's Motion on October 10, 2014. For the reasons set forth below, Defendant's Motion for Summary Judgment is DENIED . BACKGROUND The following facts are not in dispute for purposes of this Motion unless...
ORDER DENYING DEFENDANTS' MOTION TO DISMISS FOR LACK OF JURISDICTION S. THOMAS ANDERSON , District Judge . Before the Court is the Motion to Dismiss for Lack of Jurisdiction under Federal Rule of Civil Procedure 12(b)(2) of Defendants Indico System Resources, Inc. and Cleal Watts, III ("Defendants"), filed December 3, 2013. (ECF No. 11). Plaintiffs filed their Response in Opposition to the Motion (ECF No. 13) on December 30, 2013. Defendants filed a Reply on January 23, 2014 (ECF No. 17),...
ORDER GRANTING PLAINTIFF'S MOTION FOR AN AWARD OF FEES AND COSTS UNDER THE EQUAL ACCESS TO JUSTICE ACT JAMES D. TODD, District Judge. The Plaintiff, Darlene Covington, filed this action to obtain judicial review of the Defendant Commissioner's determination that she was not disabled. On September 26, 2014, the Court reversed the Commissioner's decision and remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g); judgment was entered on October 1, 2014. (...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS J. DANIEL BREEN, District Judge. INTRODUCTION This matter was brought by the Plaintiff, Barbara Hope, individually and as next friend for H.H., a minor, on May 30, 2014 against Deanna Mullins, Shilana Gant and the Tennessee Department of Children's Services ("DCS"), alleging violations of the Fourth and Fourteenth Amendments pursuant to 42 U.S.C. 1983, conspiracy under 42 U.S.C. 1985 and violation of the principle of the Brian A. Settlement...
ORDER ADOPTING THE REPORT AND RECOMMENDATION; DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE APPEAL IN FORMA PAUPERIS SHERYL H. LIPMAN, District Judge. Before the Court is the Magistrate Judge's Report and Recommendation on Plaintiff's Motion for Leave to Appeal in Forma Pauperis. (ECF No. 32.) In the Report and Recommendation, the Magistrate Judge recommends that Plaintiff's Motion for Leave to Appeal in Forma Pauperis (ECF No. 30) be denied because an appeal would not be taken in good...
REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION TO CONDITIONALLY CERTIFY COLLECTIVE ACTION AND FACILITATE NOTICE TO POTENTIAL CLASS MEMBERS ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION TO TOLL STATUTE OF LIMITATIONS CHARMIANE G. CLAXTON, Magistrate Judge. Before the Court is Plaintiff Michael Kutzback's Motion to Conditionally Certify Collective Action and Facilitate Notice to Potential Class Members ("Plaintiff's Motion to Certify") (Docket Entry "D.E." #43) and Plaintiffs' Motion to...
ORDER GRANTING DEFENDANT'S MOTION TO TRANSFER THIS CASE TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS J. DANIEL BREEN, Chief District Judge. This diversity action was brought by the Plaintiff, Medallion Transport & Logistics LLC, ("Medallion"), on September 2, 2014 against the Defendant, Superior Choice Logistics, Inc. ("Superior"), alleging breach of contract and misrepresentation under North Carolina law. The suit stems from a tractor-trailer accident that occurred...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION SAMUEL H. MAYS, Jr., District Judge. Before the Court is the Magistrate Judge's November 25, 2014 Report and Recommendation (the "Report") recommending that the case be transferred under 28 U.S.C. 1404(a). (Report, ECF No. 14.) No objection has been filed to the Report and the time to do so has passed. For the following reasons, the Report is ADOPTED and the case is transferred to the Northern District of California. Congress...
REPORT AND RECOMMENDATION TO TRANSFER VENUE DIANE K. VESCOVO, Magistrate Judge. On August 20, 2014, Plaintiff Martrek D. Wingo ("Wingo"), a resident of Memphis, Tennessee, filed a 38-page pro se complaint against the social media website Twitter, Inc. ("Twitter") for physical injuries and emotional distress he allegedly suffered due to Twitter's inadequacy in blocking unwanted and disturbing content. (Compl., ECF No. 1.) Before the court is the September 26, 2014 motion of Twitter to...
