MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR IMMEDIATE MANDAMUS RELIEF DAVID NUFFER , District Judge . EnerVest, Ltd., EnerVest Institutional GP, Ltd., and EnerVest Operating, LLC (collectively "EnerVest") moves for immediate mandamus relief under 28 U.S.C. 1361 and the Administrative Procedure Act ("APA"), 5 U.S.C. 701-706 ("Motion"). 1 For the reasons below, the Motion is GRANTED IN PART AND DENIED IN PART. BACKGROUND EnerVest is an oil and gas...
MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO AMEND COUNTERCLAIM PAUL M. WARNER , Magistrate Judge . District Judge Jill N. Parrish referred this matter to Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. 636(b)(1)(A). 1 Before the court is Defendant and Counterclaimant George Robertson's ("Robertson") Motion for Leave to Amend Counterclaim. 2 Having reviewed the parties' briefs and the relevant law, the court renders the following Memorandum Decision and Order. 3...
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO COMPEL DISCOVERY (ECF No. 43). EVELYN J. FURSE , Magistrate Judge . Defendants Dick L. Rottman, Jeffrey P. Shaffer, Janice Lynn Bowman, Bradley A. Pearce, and R. Scott Rottman (the "Directors and Officers") move to compel 30(b)(6) deposition testimony from the Plaintiff Western Insurance Company ("Western") currently run through a Special Deputy Liquidator (the "Liquidator"). The Court GRANTS IN PART...
MEMORANDUM DECISION AND ORDER GRANTING [55] MOTION FOR PARTIAL SUMMARY JUDGMENT; FINDING MOOT [58] MOTION UNDER RULE 56(D); AND FINDING MOOT [60] AND [136] MOTIONS FOR PARTIAL SUMMARY JUDGMENT DAVID NUFFER , District Judge . Plaintiffs Garth O. Green Enterprises d/b/a Southwest Plumbing Supply Company; Garth Green; and Michael Green (collectively "Southwest") assert three causes of action against Defendants Richard Reese and Standard Plumbing Supply Company, Inc. (collectively "Standard...
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT; GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFFS' MOTION TO EXCLUDE EXPERT TESTIMONY; AND DENYING DEFENDANT'S MOTION TO EXCLUDE EXPERT TESTIMONY JILL N. PARRISH , District Judge . Before the court are the parties' cross motions for summary judgment and motions to exclude expert testimony. [Dockets 51, 52, 57, 60]. The court heard oral...
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO EXCLUDE THE TESTIMONY OF PLAINTIFFS' EXPERTS THAT J.S.M. WILL NEED TWENTY ADDITIONAL SURGERIES AND LASER THERAPY IN THE FUTURE TED STEWART , District Judge . This matter is before the Court on Defendant's Motion to Exclude the Testimony of Plaintiffs' Experts that J.S.M. will need Twenty Additional Surgeries and Laser Therapy in the Future. For the reasons discussed below, the Court will grant the...
MEMORANDUM DECISION AND ORDER PAUL M. WARNER , Magistrate Judge . District Judge Jill N. Parrish referred this matter to Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. 636(b)(1)(A). 1 Before the court are (1) Corel Software, LLC's ("Corel") motion for clarification as to completion of pending fact discovery 2 and (2) Corel's motion for leave to take the deposition of Mr. Bill Gates. 3 On August 23, 2016, this court granted Microsoft Corporation's ("Microsoft") motion to stay...
MEMORANDUM DECISION AND ORDER ROBERT J. SHELBY , District Judge . Portia Louder pled guilty in 2014 to federal charges of wire fraud and conspiracy in connection with various fraudulent real estate transactions. She was subsequently sentenced to seven years in federal custody. Louder has now filed a motion to vacate the judgment under 28 U.S.C. 2255, arguing that her guilty plea was involuntary because she was not mentally competent and because the plea was coerced. For the reasons below,...
MEMORANDUM DECISION AND ORDER DENYING MOTION TO TRANSFER VENUE PAUL M. WARNER , Magistrate Judge . District Judge Jill Parrish referred this matter to Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. 636(b)(1)(A). 1 Before the court is Defendant and Third-Party Plaintiff Westchester Fire Insurance Company's ("Westchester") Motion to Transfer Venue. 2 Having reviewed the parties' briefs and the relevant law, the court renders the following Memorandum Decision and Order. 3...
MEMORANDUM DECISION AND ORDER DALE A. KIMBALL , District Judge . This matter is before the court on Defendant Jose Alfredo Roman-Rodriguez's Motion to Suppress statements he made during a custodial interrogation following his arrest on June 8, 2016. The court held an evidentiary hearing on the motion to suppress on October 17, 2016, and closing arguments on December 14, 2016. At the hearings, Defendant was present and represented by Walter F. Bugden, and Plaintiff was represented by Aaron...
MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO EXCLUDE THE IMPROPER OPINIONS OF PLAINTIFFS' REBUTTAL EXPERT TED STEWART , District Judge . This matter is before the Court on Defendant's Motion to Exclude the Improper Opinions of Plaintiffs' Rebuttal Expert. For the reasons discussed below, the Court will deny the Motion. Plaintiffs and Defendant have each retained experts to opine on the cause of the failure of the tree limb that led to the injuries in this case. Plaintiffs...
MEMORANDUM DECISION AND ORDER DAVID SAM , Senior District Judge . I. INTRODUCTION Defendant Bruce Moon has filed a Motion for Protective Order (Doc. #28) seeking to prevent Plaintiff Collette Russell from serving his former and current employers and his cell phone provider with subpoenas. Mr. Moon asserts that the proposed subpoenas are irrelevant and/or overly broad. Ms. Russell has filed claims against Mr. Moon for assault and battery and intentional infliction of emotional distress...
MEMORANDUM DECISION AND ORDER DUSTIN B. PEAD , Magistrate Judge . All parties in this case have consented to having United States Magistrate Judge Dustin B. Pead conduct all proceedings in this case, including entry of final judgment, with appeal to the United States Court of Appeals for the Tenth Circuit. ( See 28 U.S.C. 636 (c); F.R.C.P. 73; Docket ("Dkt.") 16). Plaintiff John R. Grange ("Mr. Grange") appeals the Commissioner of Social Security's decision denying his claim for...
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO PRECLUDE PLAINTIFFS' COUNSEL AT TRIAL FROM INQUIRING INTO DR. CAROL ANDERSON'S EXPERT OPINIONS IN UNRELATED LITIGATION TED STEWART , District Judge . This matter is before the Court on Defendant's Motion to Preclude Plaintiffs' Counsel at Trial from Inquiring into Dr. Carol Anderson's Expert Opinions in Unrelated Litigation. For the reasons discussed below, the Court will grant the Motion in part and...
MEMORANDUM DECISION AND ORDER EVELYN J. FURSE , Magistrate Judge . All parties in this case have consented to having United States Magistrate Evelyn J. Furse conduct all proceeding this this case, including entry of final judgment, with appeal to the United States Court of Appeals for the Tenth Circuit. ( See 28 U.S.C. 636 (c); F.R.C.P. 73; Docket ("Dkt") 15). Plaintiff, Andrew Gerow, ("Mr. Gerow") appeals the Commissioner of Social Security's decision denying his claim for Disability...
ORDER DENYING THE MOTIONS TO SET ASIDE VERDICT DAVID NUFFER , District Judge . In the Motion to Set Aside Verdict for Double Recovery, 1 defendants move to "set aside the award of damages" 2 because the claims upon which those damages are based "are all premised on the same conduct and the same injury to First American." 3 Defendants also "request that the Court dismiss First American's claim for punitive damages" 4 for insufficient evidence. Defendants also filed the Motion to Set...
MEMORANDUM DECISION AND ORDER PAUL M. WARNER , Magistrate Judge . District Judge Jill N. Parrish referred this case to Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. 636(b)(1)(A). 1 Before the court is Utah State University Research Foundation's ("USURF") motion to compel discovery related to a company called PILR, LLC ("PILR"). 2 PILR was formed by an investor in GeoMetWatch ("GMW") for the sole purpose of investing in and funding this litigation. Other GMW Investors and their...
ORDER ADOPTING REPORT & RECOMMENDATION CLARK WADDOUPS , District Judge . Plaintiff Heidi F. Kemp appeals the Social Security Administration's denial of her application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. 401-434. This case was assigned to United States District Court Judge Clark Waddoups, who then referred it to United States Magistrate Judge Paul M. Warner under 28 U.S.C. 636(b)(1)(B). (Dkt. No. 14.) On May 9, 2016, Judge Warner...
MEMORANDUM DECISION AND DEFAULT JUDGMENT CLARK WADDOUPS , District Judge . This matter comes before the Court on Plaintiff's motion for default judgment. Based upon Plaintiff's motion, Defendants Carolina Family Medicine & Urgent Care, P.A. and Winchester Medical Management Services, LLC's failure to appear, and for good cause showing: It is hereby ORDERED that Plaintiff's motion is GRANTED . Plaintiff TCS-North Carolina is awarded judgment against Defendants Carolina Family Medicine &...
MEMORANDUM DECISION AND ORDER CLARK WADDOUPS , District Judge . INTRODUCTION On December 22, 2008, the court entered Default Judgment against Defendants Bursar-Cambist Inc. (dba Mortgage Express) and Vincent Curry in favor of Plaintiff for $2,373,863.01. (Dkt. No. 13). For approximately two years, Plaintiff HI&J Investments, LLC has attempted to renew that judgment, but the court has denied renewal based on insufficient service of process. On November 3, 2016, Plaintiff filed a new...
