MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION TO STRIKE [ECF NO. 30] THOMAS S. KLEEH , District Judge . Pending before the Court is Plaintiff's Motion to Strike Defendant Wallace Auto Parts & Services, Inc.'s Notice of Non-Party Fault (the "Motion to Strike") [ECF No. 30]. For reasons discussed herein, the motion is denied. I. BACKGROUND The Plaintiff, Crystal R. Taylor ("Plaintiff"), individually and as Administratrix of the Estate of Ronald R. Taylor, brought this...
MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION [ECF NO. 28], DENYING AS MOOT DEFENDANT'S PARTIAL MOTION TO DISMISS [ECF NO. 10], GRANTING PARTIAL MOTION TO DISMISS AMENDED COMPLAINT [ECF NO. 21] AND DENYING MOTION TO STRIKE [ECF NO. 21] THOMAS S. KLEEH , District Judge . Pending before the Court is a Report and Recommendation ("R&R") by United States Magistrate Judge Michael J. Aloi [ECF No. 28]. The R&R recommends that the Court deny Defendant's Partial Motion to Dismiss...
MEMORANDUM OPINION AND ORDER ADOPTING IN PART AND REJECTING IN PART PRELIMINARY REPORT AND RECOMMENDATION [ECF NO. 27] THOMAS S. KLEEH , District Judge . Pending before the Court is a Report and Recommendation ("R&R") by United States Magistrate Judge Michael J. Aloi. For the reasons discussed below, the Court adopts the R&R in part and rejects it in part. I. PROCEDURAL HISTORY On March 29, 2019, the Petitioner, Jesse Russell Simpson ("Petitioner"), filed a Petition for Writ of...
MEMORANDUM OPINION AND ORDER ADOPTING IN PART AND REJECTING IN PART THE REPORT AND RECOMMENDATION [DKT. NO. 17] AND REMANDING CASE TO THE COMMISSIONER IRENE M. KEELEY , District Judge . On February 27, 2019, the plaintiff, Michael Vincent Zorick ("Zorick"), filed a complaint seeking review of an adverse decision of the Commissioner of Social Security ("the Commissioner") (Dkt. No. 1). After the parties filed cross motions for summary judgment, Magistrate Judge James P. Mazzone entered a...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION [ECF NO. 136] THOMAS S. KLEEH , District Judge . Pending before the Court is Defendants GSA and NOAA's Motion to Dismiss for Lack of Subject Matter Jurisdiction [ECF No. 136]. For the reasons discussed below, the Court grants the Motion. I. PROCEDURAL HISTORY On August 20, 2018, the Plaintiffs, Frank and Kristi Gaus ("Plaintiffs"), filed this action against a number of defendants,...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN PRESTON BAILEY , District Judge . On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Judge James P. Mazzone [Doc. 21], dated February 27, 2020, to which neither party filed objections. Pursuant to 28 U.S.C. 636(b)(1)(C), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made....
REPORT AND RECOMMENDATION JAMES P. MAZZONE , Magistrate Judge . I. Introduction This case arises from the denial of Plaintiff, Terri Lynn Johnson's ("Plaintiff") application for Social Security Disability ("SSI") and Social Security Disability Insurance Benefits ("SSDI"). After Plaintiff's application proceeded through the administrative process, United States Administrative Law Judge, Brian Crockett ("ALJ"), concluded that Plaintiff was not disabled within the meaning of the Social...
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART THIRD PARTY MOTION TO DISMISS [ECF NO. 133] THOMAS S. KLEEH , District Judge . Pending before the Court is Third-Party Defendant Tri-County Electric Company's Motion to Dismiss [ECF No. 133]. For the reasons discussed herein, the Court grants in part and denies in part the Motion. I. PROCEDURAL HISTORY On August 20, 2018, the Plaintiffs, Frank and Kristi Gaus ("Plaintiffs"), filed this action against a number of...
ORDER ADOPTING REPORT AND RECOMMENDATION GINA M. GROH , Chief District Judge . Now before the Court is the Report and Recommendation ("R&R") of United States Magistrate Judge Robert W. Trumble. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed R&R. Magistrate Judge Trumble issued his R&R [ECF No. 25] on February 13, 2020. Therein, Magistrate Judge Trumble recommends the Petitioner's 2241 petition [ECF No. 1] be denied...
REPORT AND RECOMMENDATION ROBERT W. TRUMBLE , Magistrate Judge . I. INTRODUCTION On October 17, 2018, the pro se Petitioner filed an Application for Habeas Corpus Pursuant to 28 U.S.C. 2241. Petitioner is a federal inmate housed in Oxford, Wisconsin, but who was formerly housed at FCI Hazelton, in Bruceton Mills, West Virginia. His petitioner challenges the validity of his conviction and sentence imposed in the United States District Court for the Western District of Michigan. On...
ORDER ADOPTING REPORT AND RECOMMENDATION GINA M. GROH , Chief District Judge . Pending before the Court is the Report and Recommendation ("R&R") of United States Magistrate Judge Robert W. Trumble. ECF No. 63. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed R&R. Magistrate Judge Trumble issued his R&R on November 19, 2019. In his R&R, Magistrate Judge Trumble recommends that the Plaintiff's Complaint [ECF No. 1] be...
ORDER ADOPTING REPORT AND RECOMMENDATION GINA M. GROH , Chief District Judge . Now before the Court is the Report and Recommendation ("R&R") of United States Magistrate Judge Robert W. Trumble. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Trumble for submission of a proposed R&R. Magistrate Judge Trumble issued his R&R [ECF No. 167] 1 on November 19, 2019. Therein, Magistrate Judge Trumble recommends that the Petitioner's Motion to Vacate under 28 U....
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION TO STRIKE [DKT. NO. 152], DENYING PLAINTIFFS' EXPEDITED MOTION FOR AN EXTENSION OF TIME [DKT. NO. 165], AND MODIFYING CERTAIN SCHEDULING DEADLINES IRENE M. KEELEY , Senior District Judge . On December 16, 2019, the defendant, Mylan Pharmaceuticals, Inc. ("Mylan"), moved to strike the Plaintiffs', ViiV Healthcare Company, Shionogi & Co., Ltd., and ViiV Healthcare UK (No. 3) Limited (collectively, "ViiV"), Third Supplemental...
MEMORANDUM OPINION AND ORDER DENYING MOTION TO REMAND [ECF NO. 14] THOMAS S. KLEEH , District Judge . Pending before the Court is a Motion to Remand filed by the Plaintiff, Rickey Simpson ("Plaintiff"). For reasons discussed herein, the Court denies the motion. I. PROCEDURAL HISTORY On April 16, 2019, this action was timely removed to this Court from the Circuit Court of Lewis County, West Virginia. ECF No. 1. Plaintiff brings five (5) causes of action against the Defendants, Ocwen...
ORDER DENYING PLAINTIFF'S MOTION FOR JOINDER MICHAEL JOHN ALOI , District Judge . This matter is before the undersigned pursuant to an Order of Case Referral (ECF No. 13) in conjunction with a Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (ECF No. 27). On February 1, 2020, Plaintiff John Osborne Crandell, III, filed a Motion for Joinder (ECF No. 120). Defendant filed a Response (ECF No. 129) in Opposition to Plaintiff's Motion for Joinder on February 18, 2020....
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE [DKT. NO. 19], ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING THOMAS S. KLEEH , District Judge . On February 12, 2020, the Defendant, Jack Carl Rice ("Rice"), appeared before United States Magistrate Judge Michael J. Aloi and moved for permission to enter a plea of GUILTY to Count One of the Information. Rice stated that he understood that the magistrate judge is not a United...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE MICHAEL JOHN ALOI , Magistrate Judge . This matter has been referred to the undersigned Magistrate Judge by the District Court for purposes of conducting proceedings pursuant to Federal Rule of Criminal Procedure 11. Defendant, Jack Carl Rice, in person and by Federal Public Defender, Brian Kornbrath, appeared before me on February 12, 2020. The Government appeared by Assistant United States Attorney, David Perri for an...
MEMORANDUM OPINION AND ORDER GRANTING MOTIONS TO COMPEL ARBITRATION AND STAY PROCEEDINGS [ECF NOS. 3, 6] THOMAS S. KLEEH , District Judge . Pending before the Court are two Motions to Compel Arbitration and Stay Proceedings [ECF Nos. 3, 6]. For the reasons discussed below, the Court grants both. I. PROCEDURAL HISTORY On July 18, 2019, this action was timely removed to the Northern District of West Virginia. ECF No. 1. In the Complaint, Plaintiff Judy Moore ("Moore") asserts nine (9)...
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE (DKT. NO. 81), ACCEPTING GUILTY PLEA, AND SCHEDULING SENTENCING HEARING IRENE M. KEELEY , District Judge . On February 13, 2020, the defendant, Stephen Bray ("Bray"), appeared before United States Magistrate Judge Michael J. Aloi and moved for permission to enter a plea of GUILTY to Count Four of the Indictment. After Bray stated that he understood that the magistrate judge is not a United...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY IN FELONY CASE MICHAEL JOHN ALOI , District Judge . This matter has been referred to the undersigned Magistrate Judge by the District Court for purposes of conducting proceedings pursuant to Federal Rule of Criminal Procedure 11. Defendant, Stephen Bray, in person and by Counsel, Tom Dyer, appeared before me on February 13, 2020. The Government appeared by Assistant United States Attorney, Brandon Flower. The Court determined that...
