MEMORANDUM OPINION MICHAEL F. URBANSKI, District Judge. Defendant David L. Foster ("Foster") was charged with speeding on the Blue Ridge Parkway and a violation of 36 C.F.R. 4.23(a)(1), which prohibits operating or being in actual physical control of a motor vehicle while under the influence of alcohol to a degree that renders the operator incapable of safe operation. 1 A trial was held on April 20, 2011. At trial, Foster moved to dismiss the DUI charge, objecting to the introduction...
OPINION AND ORDER JAMES P. JONES, District Judge. This is an action under the court's diversity jurisdiction, brought by a coal purchaser against the seller for an alleged failure to deliver the coal promised. The defendant has counterclaimed on the ground that the buyer allegedly breached the contract. The case is to be tried without a jury and the immediate issue before the court is the plaintiff's pretrial motion to exclude the defendant's expert witness on the subject of damages. See...
MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. A dispatcher for the Franklin County Sheriffs Office dispatched Deputy Sheriff Riley Hodges to conduct a "well-being" check at a Franklin County, Virginia home based on a report that shots had been fired there earlier that day. Not long after his arrival, Hodges heard a loud male voice, a female crying, and a loud thump. The female came to the door with blood on her nose, and Hodges saw a pool of blood on the floor. Hodges entered the...
OPINION JAMES P. JONES, District Judge. In this social security case, I do not accept the recommendation of the magistrate judge and instead will affirm the final decision of the Commissioner. The plaintiff, Tietta Gibson, challenges the final decision of the Commissioner of Social Security ("Commissioner") denying her claim for disability insurance benefits under certain provisions of the Social Security Act ("Act"). The action was referred to United States Magistrate Judge Pamela Meade...
MEMORANDUM OPINION AND ORDER JAMES C. TURK, Senior District Judge. This matter is before the Court on Defendant Nautilus, Inc. ("Nautilus" or "Defendant")'s Partial Motion to Dismiss (ECF No. 70). Plaintiffs Ponani Sukumar ("Sukumar") and Southern California Stroke Rehabilitation Associates, Inc. ("SCSRA") (collectively, "Plaintiffs") have filed an Opposition (ECF No. 77), to which Nautilus has replied (ECF No. 84). Oral argument was held on December 6, 2011, and the matter is now ripe for...
OPINION JAMES P. JONES, District Judge. In this social security case, I affirm the final decision of the Commissioner. I Plaintiff Norma G. Fields filed this action challenging the final decision of the Commissioner of Social Security (the "Commissioner") denying her claims for disability insurance benefits ("DIB") and disabled widow's benefits pursuant to Title II of the Social Security Act ("Act"), 42 U.S.C.A. 401-433 (West 2003 & Supp. 2011). Jurisdiction of this court exists pursuant...
MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. These are consolidated civil actions by Thomas Domonoske and Victor Rivera, plaintiffs, against defendant, Bank of America, N.A. ("the Bank"), seeking damages, attorney's fees and costs pursuant to the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. 1681, as remedies for the Bank's alleged failure to provide them with certain credit score disclosures "as soon as reasonably practicable" as mandated by 1681 g(g) of the FCRA. The parties...
MEMORANDUM OPINION GLEN E. CONRAD, Chief Judge. DE Technologies, Inc. ("DE") filed this patent infringement action, alleging that defendants IShopUSA, Inc. ("IShop") and International Checkout, Inc. ("IC") implemented the technology claimed by DE in U.S. Patent No. 6,460,020 ("the '020 Patent") and U.S. Patent No. 6,845,364 ("the '364 Patent"). The court previously construed the claims of the same patents in an infringement action filed by DE against Dell, Inc. DE Techs., Inc. v. Dell, Inc.,...
MEMORANDUM OPINION JACKSON L. KISER, Senior District Judge. Before me are Plaintiff's Renewed Motion to Remand and Renewed Response to Motion to Dismiss ("Renewed Motion to Remand") and Defendants' Motion to Strike Plaintiff's Memorandum ("Motion to Strike"). The Court held a hearing on these motions on November 29, 2011, at which counsel for both Plaintiff and Defendants appeared and presented argument. After careful consideration, for the reasons set forth below, Defendant's Motion to...
MEMORANDUM OPINION SAMUEL G. WILSON, District Judge. This is an action by plaintiff, Terrence Lavender, pursuant to 42 U.S.C. 1983, with supplemental jurisdiction asserted under 28 U.S.C. 1367 over state law assault and battery claims, against the City of Roanoke Sheriffs Office; the Roanoke City Sheriff, Octavia L. Johnson; and an unspecified number of deputies identified only as "John Does," in their individual and official capacities, arising out of the alleged use of excessive force...
OPINION JAMES P. JONES, District Judge. In this social security case, I affirm the final decision of the Commissioner. I Plaintiff Alice M. Smith filed this claim challenging the final decision of the Commissioner of Social Security (the "Commissioner") denying her claim for disability insurance benefits and supplemental security income, pursuant to Titles II and XVI of the Social Security Act (the "Act"), 42 U.S.C.A. 401-433; 1381-1383f (West 2003 & Supp. 2011). Jurisdiction of this...
OPINION JAMES P. JONES, District Judge In this social security case, I affirm the final decision of the Commissioner. I Plaintiff Bill J. Craig filed this action challenging the final decision of the Commissioner of Social Security (the "Commissioner") denying his claim for disability insurance benefits ("DIB") pursuant to Title II of the Social Security Act ("Act"), 42 U.S.C.A. 401-433 (West 2003 & Supp. 2011). Jurisdiction of this court exists pursuant to 42 U.S.C.A. 405(g) and 1383(...
OPINION JAMES P. JONES, District Judge. In this social security case, I affirm the final decision of the Commissioner. I Plaintiff Mitzi F. Stanley filed this claim challenging the final decision of the Commissioner of Social Security (the "Commissioner") denying her claim for disability insurance benefits ("DIB") pursuant to Title II of the Social Security Act (the "Act"), 42 U.S.C.A. 401-433 (West 2003 & Supp. 2011). Jurisdiction of this court exists pursuant to 42 U.S.C.A. 405(g)....
MEMORANDUM OPINION GLEN E. CONRAD, Chief Judge. The plaintiff, Kimberly Chamberlain, filed this action against her former employer, Valley Health System, Inc. ("Valley Health"), pursuant to the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12101-12213, as amended by the ADA Amendments Act of 2008 ("ADAAA"), Pub.L. No. 110-325, 122 Stat. 3553. The case is presently before the court on the defendant's motion for summary judgment. For the reasons that follow, the court will deny...
Memorandum Opinion JAMES C. TURK, Senior District Judge. This matter comes before the Court on Defendant Virginia Polytechnic Institute & State University's ("Virginia Tech") motion for summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure (Dkt. 97). Plaintiffs Shana Kennedy, Erin Hofberg, and Greta Hanes (collectively "Plaintiffs") brought this action alleging gender discrimination and retaliation under the Equal Pay Act, 29 U.S.C. 206, et seq. (hereinafter "...
OPINION AND ORDER JAMES P. JONES, District Judge. The following are the reasons for the court's ruling made prior to trial on the defendant's oral motion to exclude the plaintiff's three brief computer animations. These animations are to be used as demonstrative evidence to illustrate for the jury the opinion of Stefan Duma, Ph.D., the plaintiff's expert witness, as to causation of the plaintiff's injury in this products liability case. 1 The defendant argues that the animations are...
OPINION AND ORDER JAMES P. JONES, District Judge. The defendant has objected to the magistrate judge's order granting a discovery sanction precluding it from offering evidence with regard as to why it chose not to add foam to the head area side wings of the child car seat that is the alleged defective product in this personal injury case. Plaintiff's Motion for Discovery Sanctions Based on Defendant's Failure to Comply with Rule 30(b)(6) (ECF No. 95) and plaintiff's Motion for Discovery...
OPINION JAMES P. JONES, District Judge. In this social security case, I affirm the final decision of the Commissioner. I Plaintiff Dwayne Edward Tate filed this action challenging the final decision of the Commissioner of Social Security (the "Commissioner") denying his claims for disability insurance benefits ("DIB") and supplemental security income ("SSI") benefits pursuant to Titles II and XVI of the Social Security Act ("Act"), 42 U.S.C.A. 401-433, 1381-1383d (West 2003 & Supp. 2011)....
OPINION AND ORDER JAMES P. JONES, District Judge. In these consolidated actions involving alleged patent infringement and related state law claims, the defendants in the 1:11cv00068 action filed, while the case was pending in the Southern District of Illinois, a Motion to Dismiss, Stay or Transfer. After the motion was filed, the case was transferred to this district. Thus, only the request to dismiss the claims of breach of contract and tortious interference with a contractual relationship...
OPINION JAMES P. JONES, District Judge. In this products liability personal injury case, the plaintiff, a child who sues by her mother, alleges that she was seriously injured in an automobile accident while seated in a defective child safety seat manufactured by the defendant. In advance of trial, the defendant has moved to dismiss due to spoliation of evidence because the vehicle in which the plaintiff was a passenger was allowed to be destroyed. This opinion elaborates on the reasons for my...
