ORDER DISMISSING CLAIM AND DIRECTING RESPONDENT TO RESPOND TO REMAINING CLAIMS S. THOMAS ANDERSON , Chief District Judge . On December 3, 2019, Petitioner Anthony Lee Woods filed an amended motion to vacate, set aside, or correct his sentence (the "Amended Petition"), pursuant to 28 U.S.C. 2255. (ECF No. 9.) The pleading is before the Court for preliminary review. The Amended Petition nominally asserts four grounds for relief. However, three of the four grounds contain more than one...
ORDER GRANTING PLAINTIFF'S MOTION TO AMEND THE COMPLAINT AND DENYING DEFENDANTS' MOTIONS TO DISMISS THOMAS L. PARKER , District Judge . Plaintiff Sam Carey Lumber Company moves for leave to amend its complaint under Rule 15(a)(2) of the Federal Rules of Civil Procedure. (ECF No. 25.) Defendants, Johnnie Hogan, William Hogan, Jackie Rome oppose Plaintiff's motion to amend to add allegations, arguing that amending the complaint would be unfair because it amounts to "`moving the goalposts'...
ORDER Samuel H. Mays, Jr. , UNITED STATES DISTRICT JUDGE . Plaintiff Kelsie Branstetter brings claims for negligence, unseaworthiness, and failure to pay maintenance and cure 1 under general maritime law and the Jones Act, 46 U.S.C. 30104. (Compl., ECF No. 1.) Before the Court is Defendant Holland America Line N.V.'s ("HAL") Motion to Dismiss for Lack of Jurisdiction, filed October 4, 2019. (ECF No. 15.) Branstetter responded on October 30, 2019. (ECF No. 21.) HAL replied on November...
AMENDED ORDER GRANTING MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT AND CERTIFICATION UNDER 29 U.S.C. 216(B) FOR SETTLEMENT PURPOSES S. THOMAS ANDERSON , Chief District Judge . Before the Court is the parties' Joint Motion to Modify the Court's Order Dated December 18, 2019. (ECF No. 26.) The parties previously filed their Joint Motion for Approval of Settlement Agreement and Conditional Class Certification of an FLSA Collective Action for Settlement Purposes, and Plaintiffs' Request for...
ORDER DENYING MOTIONS FOR STATUS UPDATE AND FOR EVIDENTIARY HEARING AND APPOINTMENT OF COUNSEL J. DANIEL BREEN , District Judge . On October 23, 2017, Petitioner, Danny Arseno Walker, 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.) In compliance with the Court's October 31, 2017, order ( see D.E. 3), Respondent, United States of America, filed an answer to the Petition, (D.E. 7). On August 26,...
ORDER GRANTING MOTION TO DISMISS, DENYING CERTIFICATE OF APPEALABILITY, CERTIFYING APPEAL NOT TAKEN IN GOOD FAITH, AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL THOMAS L. PARKER , District Judge . Petitioner Marcus Thomas 1 petitions for a writ of habeas corpus under 28 U.S.C. 2254. Respondent Grady Perry filed a motion to dismiss Thomas's untimely habeas corpus petition. (ECF No. 25.) For the following reasons, this Court GRANTS Respondent's motion to dismiss and...
ORDER SAMUEL H. MAYS, JR. , District Judge . This is an employment discrimination and retaliation case. Before the Court are two motions. The first motion is Defendant Baptist Memorial Health Care Corporation's ("BMHCC") August 26, 2019 Motion to Dismiss or, in the Alternative, for Summary Judgment (hereafter, BMHCC's "Motion for Summary Judgment"). 1 (ECF No. 45.) Plaintiff Angela Johnson responded on September 17, 2019. 2 (ECF Nos. 46-48.) BMHCC replied on October 8, 2019. (ECF Nos. 57-...
ORDER DIRECTING CLERK TO MODIFY RESPONDENT, GRANTING MOTION TO DISMISS, DENYING CERTIFICATE OF APPEALABILITY, AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS J. DANIEL BREEN , District Judge . Petitioner, Carlos Morris, filed a pro se habeas corpus petition (the "Petition"), pursuant to 28 U.S.C. 2254. (Docket Entry ("D.E.") 1.) Respondent, Herbert Slatery III, 1 moved to dismiss the Petition as untimely. (D.E. 12.) For the following reasons, the motion is GRANTED, and the Petition is...
ORDER SAMUEL H. MAYS, JR. , District Judge . Defendant Antonio Davis has filed a letter requesting early release from his 96-month federal sentence. (ECF No. 36.) Davis's letter does not cite the law under which he seeks relief. The Court construes Davis's letter as a motion for compassionate release under section 603(b) of the First Step Act of 2018 (the "First Step Act"), Pub. L. No. 115-391, 132 Stat. 5194, 5239. For the following reasons, Davis's motion is DENIED. On November 24, 2015,...
ORDER SAMUEL H. MAYS, JR. , District Judge . Plaintiff John Akins sued Defendant U.S. Bank, National Association, in its capacity as trustee of Defendant J.P. Morgan Mortgage Acquisition Trust, 2006-WMC3, Asset Backed Pass-Through Certificates, Series 2006-WMC3 (collectively, "U.S. Bank") for fraud and wrongful foreclosure. (ECF No. 1-1.) On April 4, 2019, the Court dismissed Akins's claims and entered judgment. (ECF Nos. 25-26.) Before the Court are two post-judgment motions: (1) Akins'...
ORDER VACATING THE COMMISSIONER'S DECISION AND REMANDING CASE UNDER SENTENCE SIX OF 42 U.S.C. 405(g) TU M. PHAM , Magistrate Judge . Before the court is plaintiff Timothy Steele Pondel's appeal on behalf of his late father, Timothy Todd Pondel, from a final decision of the Commissioner of Social Security ("Commissioner") denying Timothy Todd Pondel's application for disability insurance benefits under Title II of the Social Security Act ("the Act"), 42 U.S.C. 401-434. The parties have...
ORDER FOR INTERPRETER'S SERVICES TU M. PHAM , Magistrate Judge . On finding that the services of an interpreter are necessary for interpreting judicial proceedings herein it is, in accordance with the Court Interpreter's Act, ORDERED that an appointed interpreter shall serve at all further judicial proceedings before the Court in this case, with leave to submit claim for compensation therefor at the conclusion of the case on forms provided by the Clerk in accordance with the Act and...
ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION THOMAS L. PARKER , District Judge . Pro se Plaintiff, Teresa Young, moves the Court to reconsider its order denying her motion for a new mediator based on new events arising after the Court's initial order. (ECF No. 56.) The Court held a status conference on December 10, 2019, to address the motion. (ECF No. 63.) Plaintiff and counsel for the Defendants were present at the status conference and Jerry Potter, the court-appointed mediator,...
ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT THOMAS L. PARKER , District Judge . Plaintiff Builders Insulation of Tennessee, LLC moves for Partial Summary Judgment as to its breach of contract claim. (ECF No. 162.) Defendants, Southern Energy Solutions, Thom Davis, and Teri Davis, 1 timely responded in opposition. (ECF No. 168.) For the reasons below, the Court DENIES the motion. BACKGROUND Unless otherwise stated, the Court considers these facts undisputed by the...
ORDER PARTIALLY GRANTING JOINT MOTION FOR APPROVAL OF SETTLEMENT AND MODIFYING ATTORNEY'S FEE REQUEST S. THOMAS ANDERSON , Chief District Judge . This matter is before the Court for consideration of the Joint Motion for Approval of Settlement. (ECF No. 124.) The Court, having been fully advised of the terms and conditions of the Settlement Agreement in this matter, it is hereby ORDERED as follows: The parties' request for approval of their Settlement Agreement resolving all claims is...
ORDER DENYING MOTION FOR SUMMARY JUDGMENT S. THOMAS ANDERSON , Chief District Judge . Plaintiff B.H., a minor, has brought this action through his parent, L.H., and L.H. has brought the action in her individual capacity against Obion County Board of Education d/b/a Obion County Schools. Plaintiffs have asserted five claims: discrimination and retaliation under the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101 et seq., discrimination and retaliation under Section 504 of the...
ORDER DENYING JOINT MOTION TO APPROVE SETTLEMENT ORDER DENYING JOINT MOTION FOR LEAVE TO FILE SETTLEMENT UNDER SEAL S. THOMAS ANDERSON , Chief District Judge . Before the Court is the parties' Joint Motion to Approve Settlement (ECF No. 200) and Joint Motion for Leave to File Settlement Under Seal (ECF No. 201), both filed October 3, 2019. The Court held a motion hearing with counsel for the parties on November 8, 2019, and following the hearing, Defendant Kohler Co. filed a Brief to...
ORDER DENYING MOTION TO DISMISS THOMAS L. PARKER , District Judge . Plaintiff Edna Moore sued Defendant Dillards, Inc. claiming employment and disability discrimination under Title VII of the Civil Rights Act, 42 U.S.C. 2000e to 2000e-17, and the Americans with Disabilities Act, 42 U.S.C. 12112 to 12117. (ECF No. 1.) After the parties jointly requested to stay the case pending arbitration, the Court entered an Order to Stay Pending Arbitration and directed Plaintiff to "file a...
ORDER TO SHOW CAUSE S. THOMAS ANDERSON , Chief District Judge . On August 14, 2019, Plaintiff Carolyn Johnson filed a Complaint (ECF No. 1) against Defendants Terrill Gordon, Marquetta Golden, Lori Beene, Bernhard Dietz, and John Borden. The Complaint states that the allegations in this case are related to Plaintiff's claims in the companion case of Johnson v. CoreCivic et al., W.D. Tenn. No. 1:18-cv-01051-STA-tmp, and incorporates in full the entire pleading from the companion case....
ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT J. DANIEL BREEN , District Judge . INTRODUCTION This action was initiated on October 6, 2018, by the Plaintiff, Flint Cox, against the Defendant, Erie Insurance Exchange ("Erie"), alleging breach of contract, statutory bad faith, and violation of the Tennessee Consumer Protection Act, Tennessee Code Annotated 47-18-101, et seq. (the "TCPA"), in connection with the Defendant's refusal to pay for a loss to Cox's property. (...
