REPORT AND RECOMMENDATION ON MARTI GERARDI, PROBATE PARALEGAL, INC., AND BYRON R. LANE, LANE LAW GROUP, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS CHARMIANE G. CLAXTON , Magistrate Judge . Before the Court is Defendant Byron R. Lane ("Lane") of Lane Law Group, Incorporated ("Lane Law") and Marti Gerardi ("Gerardi") of Probate Paralegal Incorporated's ("PPI") Motion for Judgment on the Pleadings. (Docket Entry ("D.E." #15). The instant motion has been referred to the United States...
REPORT AND RECOMMENDATION ON DEFENDANT PAUL ELISSIRY, ESTATE RESEARCH ASSOCIATES, INC.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, INSUFFICIENT SERVICE OF PROCESS, AND FAILURE TO STATE A CLAIM CHARMIANE G. CLAXTON , Magistrate Judge . Before the Court is Defendant Paul Elissiry ("Elissiry") of Estate Research Associates, Incorporated's ("ERA") Motion to Dismiss for Lack of Personal Jurisdiction, Insufficient Service of Process, and Failure to State a Claim. (Docket Entry (D.E. #...
REPORT AND RECOMMENDATION TU M. PHAM , Magistrate Judge . Before the court by order of reference is defendant Lamar Clancy's Motion to Suppress. (ECF Nos. 27 & 32.) The court held an evidentiary hearing on October 30, 2018. (ECF No. 36.) For the following reasons, it is recommended that Clancy's motion be denied. I. PROPOSED FINDINGS OF FACT The following proposed findings of fact are based on the testimony of Memphis Police Officer John Pellett and Memphis Police Lieutenant Byron...
REPORT AND RECOMMENDATION FOR DISMISSAL DIANE K. VESCOVO , Chief Magistrate Judge . On April 16, 2018, the plaintiffs, Managing Members of Edgewood MHP Partners, LLC; West Coast Investment Group, LLC ("WCIG"); Christopher J. Lund ("Lund"); and Margaret Mary Mahon ("Mahon") (collectively, "the plaintiffs"), proceeding pro se, filed a joint civil complaint against Non-Managing Members of Edgewood MHP Partners, LLC, and twenty-one other defendants. 1 (ECF No. 1.) On June 12, 2018, the same...
ORDER GRANTING IN PART MOTION TO EXTEND PLEA DEADLINE S. THOMAS ANDERSON , District Judge . THIS cause came to be heard upon the motion of the defendant, ANTHONY SANDERS, by and through appointed counsel, to continue the plea deadline in this case presently scheduled for January 25, 2019 for an additional forty-five (45) days. The defendant is charged in a three-count indictment with possessing and distributing cocaine base on three separate occasions (DE #2). Current counsel was...
ORDER GRANTING DEFENDANTS' PARTIAL MOTION TO DISMISS S. THOMAS ANDERSON , Chief District Judge . Plaintiffs Rhonda Tinkle and Cary Tinkle originally filed this lawsuit in the Circuit Court of Dyer County, Tennessee, pursuant to 42 U.S.C. 1983 and state law, against Dyer County, Tennessee, Jeff Box a/k/a Jeffrey Box, Alan Bargery, Jennifer Hodges, Laura Simpson, Christopher Farley, Elias Cantu, Jessica Byrd, Kenneth Goff, Christopher Golden, Todd Fawver, Adam Delosh, Tess Woods, Joann...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND DENYING PLAINTIFF'S MOTION TO AMEND THOMAS L. PARKER , District Judge . Defendant moves to dismiss Plaintiff's Amended Complaint (ECF No. 8) arguing that Plaintiff has failed to state a claim upon which relief can be granted and that any cognizable claim falls outside of the applicable statute of limitations. (ECF No. 21.) Plaintiff moves to file a second amended complaint. (ECF No. 23.) For the reasons below, Defendant's Motion is GRANTED...
ORDER ON CHANGE OF PLEA S. THOMAS ANDERSON , District Judge . This cause came to be heard on December 21, 2018, Assistant United States Attorney, Matt Wilson, appearing for the Government and the defendant, Natasha Spain, appearing in person, and with counsel, Charles Mitchell. With leave of the Court, the defendant withdrew the not guilty plea heretofore entered and entered a guilty plea to Count 2 of the Indictment. A basis in fact having been established, the Court accepted the guilty...
ORDER ON CHANGE OF PLEA AND NOTICE OF SETTING S. THOMAS ANDERSON , District Judge . This cause came to be heard on December 21, 2018, Assistant United States Attorney, Hillary Parham, appearing for the Government and the defendant, Charles Curry, appearing in person, and with counsel, Dianne Smothers. With leave of the Court, the defendant withdrew the not guilty plea heretofore entered and entered a no contest plea of to Count 1 of the Indictment. A basis in fact having been established,...
ORDER GRANTING JOINT MOTION TO DISMISS CLAIMS AGAINST AND BY DEFENDANT ZURICH INSURANCE COMPANY S. THOMAS ANDERSON , Chief District Judge . Before the Court is the joint motion by plaintiff Smith & Nephew, Inc. ("S&N") and defendant Zurich Insurance Company ("Zurich") to dismiss, with prejudice, all claims and requests for relief that S&N has asserted against Zurich in this action, and all claims and requests for relief that Zurich has asserted against S&N or S&N's attorneys in this action....
ORDER ADOPTING THE REPORT AND RECOMMENDATION THOMAS L. PARKER , District Judge . This is a contract case. Plaintiffs, proceeding pro se, filed suit against the Non-Managing Members of Edgewood MHP Partners, LLC and twenty-two other defendants. (ECF No. 41.) Multiple motions to dismiss have been filed. (ECF Nos. 48, 49, 50, 53, 55, 56.) The Magistrate Court issued a Report and Recommendation (R&R) (ECF No. 82) recommending that the Motions be granted and the action against those certain...
REPORT AND RECOMMENDATION FOR DISMISSAL DIANE K. VESCOVO , Chief Magistrate Judge . On April 16, 2018, the plaintiffs, Managing Members of Edgewood MHP Partners, LLC; West Coast Investment Group, LLC ("WCIG"); Christopher J. Lund ("Lund"); and Margaret Mary Mahon ("Mahon") (collectively, "the plaintiffs"), proceeding pro se , filed a joint civil complaint against Non-Managing Members of Edgewood MHP Partners, LLC, and twenty-one other defendants. 1 (ECF No. 1.) On June 12, 2018, the same...
ORDER ADOPTING REPORT AND RECOMMENDATION AND ORDER OF DISMISSAL WITH PREJUDICE JON P. McCALLA , District Judge . Before the Court is the Report and Recommendation entered by the United States Magistrate Judge on November 8, 2018. (ECF No. 38.) The Magistrate Judge submits that Plaintiff Demetria Gory's complaint should be dismissed for failure to prosecute. ( Id. at PageID 314.) Gory has not filed an objection to the Report and Recommendation. For the reasons set forth below, the Court...
ORDER DENYING MOTION FOR JUDGMENT ON THE PLEADINGS THOMAS L. PARKER , District Judge . Defendant/Cross Defendant Santa Barbara Control Systems ("SBCS") moves for judgment on the pleadings against Plaintiff. (ECF No. 53.) For the reasons below, the Court DENIES the Motion for Judgment on the Pleadings against Plaintiff. BACKGROUND Plaintiff, a resident of the United Kingdom, sued after she became ill following a visit to The Guest House at Graceland (the "Hotel"). (ECF No. 35 at PageID...
ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT THOMAS L. PARKER , District Judge . Defendant moves for summary judgment on all of Plaintiff's claims. (ECF No. 42.) Plaintiff has responded (ECF No. 46, 76), thus the Motion is ripe. For the reasons below, the Court GRANTS IN PART AND DENIES IN PART Defendant's Motion. BACKGROUND Plaintiff began working for Memphis City Schools ("MCS") as a family and consumer sciences teacher in 2002. (ECF No. 46-1 at PageID 299.)...
ORDER GRANTING MOTION TO AMEND AND DENYING MOTION FOR JUDGMENT ON THE PLEADINGS JURY DEMAND THOMAS L. PARKER , District Judge . Defendants/Cross Claimants Guest House at Graceland LLC ("Guest House") and Pyramid Tennessee Management LLC ("Pyramid") (collectively the "Hotel Defendants") move under Rule 15(a)(2) of the Federal Rules of Civil Procedure for leave to amend the crossclaims against Defendants/Cross Defendants Santa Barbara Control Systems ("SBCS") and Memphis Pool Supply LLC ("...
ORDER DENYING 2255 PETITION, DENYING CERTIFICATE OF APPEALABILITY, AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS J. DANIEL BREEN , District Judge . In February 2016, Petitioner, Sarah Leann Kelly, filed a pro se motion to vacate, set aside, or correct her sentence (the "Petition") pursuant to 28 U.S.C. 2255. (Docket Entry ("D.E.") 1.) In Claim 2 of the Petition, Kelly sought relief pursuant to Johnson v. United States, 135 S.Ct. 2551 (2015), from the enhancement of her sentence...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO COMPEL CHARMIANE G. CLAXTON , Magistrate Judge . Before the Court, by way of Order of Reference (D.E. #28) for determination, is the Motion to Compel Discovery and For Sanctions (D.E. #27) filed by Plaintiffs Carter O'Neal Logistics, Inc., and P&M Logistics, Inc. ("Plaintiffs"). Defendant, FedEx Ground Package System, Inc. ("Defendant") filed its response to the motion (D.E. #31). A hearing on the motion was held on July 25, 2018 and...
ORDER GRANTING MOTION TO SUPPLEMENT 2255 PETITION AND DIRECTING RESPONDENT TO RESPOND J. DANIEL BREEN , District Judge . On May 16, 2016, Petitioner, Brent Haynes, filed a pro se motion to vacate, set aside, or correct his sentence ("the Petition") pursuant to 28 U.S.C. 2255. (Docket Entry ("D.E.") 1.) He asserts that the Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015), renders unconstitutional his conviction under 18 U.S.C. 924(c) for possession of...
ORDER ADDRESSING MOTIONS, DENYING 2254 PETITION, DENYING CERTIFICATE OF APPEALABILITY, AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS J. DANIEL BREEN , District Judge . In November 2013, Petitioner, Timothy Aaron Baxter, a Tennessee state prisoner, filed a pro se habeas corpus petition under 28 U.S.C. 2254 (the "Petition"). (Docket Entry ("D.E.") 1.) He subsequently filed numerous motions, four of which remain pending and are now before the Court for disposition. (D.E. 78, 81, 83,...
