U.S. District Courts - Alabama ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationFinance & BankingFirst AmendmentGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMaritime LawPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTaxation GREGORY JAMES EDDINS, Petitioner, v. J.C. GILES, et al., Respondents. , M.D.Ala., November 18, 2009 Gregory James Eddins, Clayton, AL, pro se. ORDER TRUMAN M. HOBBS, Senior District Judge. On October 29, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 6). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED that the Recommendation be and is hereby ADOPTED and that this case be and is hereby TRANSFERRED to the United States District Cou... OSHA SECURITY, INC., a foreign corporation, et al., Plaintiffs, v. KOCH FOODS OF ALABAMA, LLC, et al., Defendants. , M.D.Ala., November 18, 2009 Deborah Moore Nickson, Deborah M. Nickson, Attorney at Law, Montgomery, AL, for Plaintiffs. Floyd Denard Gaines, Kimberly Paige J. Casey, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Birmingham, AL, for Defendants. MEMORANDUM OPINION AND ORDER W. KEITH WATKINS, District Judge. Before the court is Plaintiff OSHA Security, Inc.'s motion to remand (Doc. # 8) this case to state court. The motion has been fully briefed. (Docs. # 12, 13, 15.) For the following reasons, the motion is du... Lora CAMPBELL, Plaintiff, v. ALLSTATE INSURANCE and Kelly Services, Inc., Defendants. , S.D.Ala., November 18, 2009 William Bradford Kittrell, Kittrell & Rowan, P.C., William K. Morris, William Kyle Morris, LLC, Mobile, AL, for Plaintiff. Richard Edward Trewhella, Jr., Bricker Scott Daughtry, Carr, Allison, Pugh, Howard, Oliver & Sisson, P.C., Birmingham, AL, for Defendant. ORDER KRISTI K. DuBOSE, District Judge. This action for unlawful discrimination brought pursuant to the Family Medical Leave Act of 1993, 29 U.S.C. § 2601, et seq, (FMLA), is now before the Court on the motion for summary judgment ... UNITED STATES of America, Plaintiff, v. Anthony Renard PRUITT, Defendant. , S.D.Ala., November 18, 2009 ORDER KRISTI K. DuBOSE, District Judge. After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated October 15, 2009, is ADOPTED as the opinion of this Court. DONE this 13th day of November, 2009. REPORT AND RECOMMENDATION KATHERINE P. NELSON, United States Magistrate Judge. This action is before the Court on Defenda... UNITED STATES of America v. Sylvester VAUGHN. , M.D.Ala., November 17, 2009 Willard Brent Woodall, U.S. Attorney's Office, Montgomery, AL, for United States of America. MEMORANDUM OPINION AND ORDER MARK E. FULLER, Chief Judge. This case is before the Court on Defendant Sylvester Vaughn's ("Vaughn") Motion to Sever, filed on September 16, 2009. (Doc. # 93.) In the motion, Vaughn asks this Court to sever his case from the case of the co-defendant, Kelvin Summers ("Summers"). The United States opposes severance. For the following reasons, this Court will grant the mot... Anthony J. GUARINO, Plaintiff, v. AUBURN UNIVERSITY, et al., Defendants. , M.D.Ala., November 17, 2009 Julian Lenwood McPhillips, Jr., McPhillips Shinbaum L.L.P., Montgomery, AL, for Plaintiff. Davis Butterfield Whittelsey, Jonathan Keith Corley, Robert Garnder Poole, Whittelsey & Whittelsey & Poole P.C., Opelika, AL, for Defendants. MEMORANDUM OPINION AND ORDER MARK E. FULLER, Chief Judge. This cause is before the Court on Defendant Shannon Henderson's ("Henderson") Motion to Dismiss, filed on September 30, 2009 (Doc. # 32), Auburn University's [FN1] Motion to Clarify, filed on October... Willie Frank GRANT, Jr., Plaintiff, v. Officer LUCAS, et al., Defendants. , M.D.Ala., November 17, 2009 Willie Frank Grant, Jr., Montgomery, AL, pro se. ORDER TRUMAN M. HOBBS, Senior District Judge. On October 26, 2009, the Magistrate Judge filed a Recommendation (Doc. 4) in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED that: 1. The Recommendation (Doc. 4) of the Magistrate Judge is ADOPTED, and 2. This case be DISMISSED with prejudice purs... John Stephen COLEMAN, Sr., # 223809, Petitioner, v. Warden DAVENPORT, et al., Respondents. , M.D.Ala., November 17, 2009 John Stephen Coleman, Clio, AL, pro se. John McGavock Porter, Office of the Attorney General, Montgomery, AL, for Respondents. OPINION AND ORDER MYRON H. THOMPSON, District Judge. On October 21, 2009, the magistrate judge filed a recommendation (Doc. # 16) in this case to which no timely objections have been filed. Upon an independent and de novo review of the file in this case and upon consideration of the recommendation of the magistrate judge, it is ORDERED and ADJUDGED that the reco... Robert L. McCRAY, Petitioner, v. John CUMMINS, Warden, et al., Respondents. , M.D.Ala., November 16, 2009 Robert L. McCray, Brent, AL, pro se. Marc Alan Starrett, Office of the Attorney General, Montgomery, AL, for Respondents. ORDER IRA DeMENT, Senior District Judge. After an independent review of the file, it is hereby CONSIDERED and ORDERED that: 1. The petitioner's objection (Doc. # 23) to the Recommendation of the Magistrate Judge, filed on October 5, 2009, be and the same is hereby OVERRULED; 2. The Recommendation of the Magistrate Judge (Doc. # 22) filed on September 22, 2009, be a... UNITED STATES of America, v. Madelyn ALOMA. , S.D.Ala., November 16, 2009 George F. May, U.S. Attorney's Office, Mobile, AL, for United States of America. Paul D. Brown, Mobile, AL, for Madelyn Aloma. ORDER OF DETENTION SONJA F. BIVINS, United States Magistrate Judge. In accordance with the Bail Reform Act, 18 U.S.C. 3142(f), a detention hearing was conducted on November 13, 2009. Based upon the evidence presented, the undersigned concludes that Defendant is to be detained pending trial. I. Underlying Charges Defendant Madelyn Aloma, along with Defendants J... UNITED STATES of America, v. Yzumy RODRIGUEZ. , S.D.Ala., November 16, 2009 George F. May, U.S. Attorney's Office, Mobile, AL, for United States of America. Domingo Soto, Madden & Soto, Mobile, AL, for Yzumy Rodriguez. ORDER SONJA F. BIVINS, United States Magistrate Judge. In accordance with the Bail Reform Act, 18 U.S.C. 3142(f), a detention hearing was conducted on November 13, 2009. Based upon the evidence presented, the undersigned concludes that Defendant has rebutted the presumption that she is a serious flight risk and a danger to the community, and that ... UNITED STATES of America v. Jose LOZANO. , M.D.Ala., November 16, 2009 Monica Anne Stump, U.S. Attorney's Office, Montgomery, AL, for United States of America. Alexander George Karakatsanis, Christine Ann Freeman, Federal Defenders, Middle District of Alabama, Montgomery, AL, for Jose Lozano. MEMORANDUM OPINION AND ORDER W. KEITH WATKINS, District Judge. This matter is before the court on Defendant Jose Lozano's Motion to Review Detention Order (Doc. # 23), the Government's response to Mr. Lozano's motion (Doc. # 28), and Mr. Lozano's reply (Doc. # 31). Aft... Alphonso NORMAN, Petitioner, v. UNITED STATES of America, Respondent. , M.D.Ala., November 16, 2009 Alphonso Norman, Memphis, TN, pro se. John Thomas Harmon, Pine Apple, AL, Louis V. Franklin, Sr., Sandra Jean Stewart, Todd A. Brown, U.S. Attorney's Office, Montgomery, AL, for Respondent. ORDER MARK E. FULLER, Chief Judge. On October 21, 2009, the Magistrate Judge filed a Recommendation (Doc. # 25) in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is t... Antonio McNEAL, Plaintiff, v. Andy HUGHES, et al., Defendants. , M.D.Ala., November 16, 2009 Antonio McNeal, Dothan, AL, pro se. Gary Clayborn Sherrer, Sherrer Jones & Terry PC, Dothan, AL, for Defendants. ORDER AND OPINION TRUMAN M. HOBBS, Senior District Judge. On October 21, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 18). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the ... Loretta TAYLOR, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , M.D.Ala., November 16, 2009 Cheryl Dickey Chapman, Darryl Wayne Hunt, Felice Ann Stern Goldstein, Marilyn Hilda Macey, Clark James Hanlin & Hunt LLC, Birmingham, AL, for Plaintiff. Anthony J. Navarro, Deana R. Ertl-Lombardi, Social Security Administration, Region VIII, Office of General Counsel, Denver, CO, Robert Randolph Neeley, U.S. Attorney's Office, Montgomery, AL, for Defendant. MEMORANDUM OPINION WALLACE CAPEL, JR., United States Magistrate Judge. I. INTRODUCTION Plaintiff Loretta Taylor applied for disabili... Craig SKIPPER, Petitioner, v. Gary HETZEL, et al., Respondents. , M.D.Ala., November 16, 2009 Craig Skipper, Bessemer, AL, pro se. Andy Scott Poole, Office of the Attorney General, Montgomery, AL, for Respondents. ORDER TRUMAN M. HOBBS, Senior District Judge. On October 28, 2009, the Magistrate Judge filed a Recommendation (Doc. 17) in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED that: 1. The Recommendation (Doc. 17) of the Magist... Tyrone HARRIS, # 118835, Plaintiff, v. Richard ALLEN, et al., Defendants. , M.D.Ala., November 16, 2009 Tyrone Harris, Union Springs, AL, pro se. ORDER IRA DEMENT, Senior District Judge. The Magistrate Judge entered a Recommendation (Doc. No. 4) in this case to which no timely objections have been filed. [FN1] After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is FN1. Plaintiff did file a document in response to the Recommendation, see Response (Doc. No. 8), which, in... In re Randall J. DAVIS, Debtor, Estate of Randall J. Davis, Plaintiff-Appellant, v. Crumbley Backhoe Service, and Ron Crumbley, Defendants-Appellees. , M.D.Ala., November 16, 2009 MEMORANDUM OPINION AND ORDER MARK E. FULLER, Chief Judge. I. INTRODUCTION This case is before the court on appeal from a decision of the United States Bankruptcy Court for the Middle District of Alabama, Case No. 08- 80461-DHW. On July 23, 2009, the bankruptcy court issued an order granting summary judgment in favor of Defendants Crumbley Backhoe Service and Ron Crumbley (collectively, "Appellees"). The Estate of Randall J. Davis ("Davis's Estate" or "Appellant") appeals the bankruptcy court's... GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation, Plaintiff, v. W.D. WAINWRIGHT & SONS, INC., a corporation, et al., Defendant. , M.D.Ala., November 16, 2009 George Matthew Keenan, Luther Graves Stiff, III, Starnes & Atchison LLP, Birmingham, AL, for Plaintiff. W.D. Wainwright & Sons, Inc., Prattville, AL, pro se. Stephen R. Wainwright, Prattville, AL, pro se. Sheryl B. Wainwright, Prattville, AL, pro se. Freeman Milton Elam, Freeman Elam, Attorney at Law, Prattville, AL, for William J. (Jeff) Wainwright, Tracye Wainwright. Denise Poole, Prattville, AL, pro se. Robert Bailey Reneau, Reneau & Thornton, Attorneys at Law, Wetumpka, AL,... Reginald CLARK, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.Ala., November 13, 2009 William T. Coplin, Jr., Demopolis, AL, for Plaintiff. Alexess Rea, David Ian Blower, Robert Louis Van Saghi, Social Security Administration, Denver, CO, Patricia Nicole Beyer, U.S. Attorney's Office, Mobile, AL, for Defendant. MEMORANDUM OPINION AND ORDER BERT W. MILLING, JR., United States Magistrate Judge. Pending before the Court is Plaintiff's attorney's Application for Attorney Fees Under the Equal Access to Justice Act, with supporting documentation (Doc. 22) and Defendant's Respon... Linda Cone SELENSKY, Plaintiff, v. Judge WHIDDON, et al., Defendants. , S.D.Ala., November 13, 2009 Linda Cone Selensky, Mobile, AL, pro se. ORDER CALLIE V.S. GRANADE, Chief Judge. After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(A) is ADOPTED as the opinion of this Court. It is ORDERED that this action be and is hereby DISMISSED with prejudice f... Janet L. BRUHL, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.Ala., November 13, 2009 Colin Edward Kemmerly, Gardberg & Clausen, P.C., Mobile, AL, for Plaintiff. Pamela M. Wood, Denver, CO, Patricia Nicole Beyer, U.S. Attorney's Office, Mobile, AL, for Defendant. MEMORANDUM OPINION AND ORDER BERT W. MILLING, JR., United States Magistrate Judge. Pending before the Court is Plaintiff's attorney's Motion for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412, with supporting Memorandum and documentation (Docs .28, 29) and Defendant's Notice... David H. NELSON, etc., et al., Plaintiffs, v. WHIRLPOOL CORPORATION, et al., Defendants. , S.D.Ala., November 13, 2009 George M. Keahey, Robert D. Keahey, Wyman O. Gilmore, Jr., Ronnie E. Keahey, Grove Hill, AL, John A. Barney, Gilmore Law Firm, Franklin, TN, for Plaintiffs. Edward G. Bowron, Burr & Forman, LLP, Mobile, AL, Angela Raines Rogers, Charles A. Stewart, III, Bradley Arant Boult Cummings, LLP, Montgomery, AL, Joseph C. McCorquodale, III, Post Office Drawer, Jackson, AL, for Defendants. ORDER WILLIAM H. STEELE, District Judge. This matter is before the Court on the plaintiffs' motion to remand... Audrey DAILY, Plaintiff, v. UNIVERSITY OF SOUTH ALABAMA, Defendant. , S.D.Ala., November 12, 2009 Audrey Daily, Mobile, AL, pro se. Patricia J. Ponder, Hand Arendall, L.L.C., Jennifer Stapleton Morgan, Mobile, AL, for Defendant. ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on Defendant University of South Alabama's ("USA")'s Motion for Summary Judgment (Docs.29, 33) and Plaintiff Audrey Dailey ("Dailey")'s Opposition (Docs.31, 32). For the reasons set forth herein, Defendant's Motion for Summary Judgment (Doc. 29) is GRANTED and Plaintiff's claims are DISMI... Joseph M. SHEFFIELD and, Margie L. Sheffield, Plaintiffs, v. FEDERAL DEPOSIT INS. CO., (as Receiver for Franklin Bank, SSB) and Prestige Title Co., Inc., Defendants. , S.D.Ala., November 12, 2009 Joseph M. Sheffield, Grand Bay, AL, pro se. Kirkland E. Reid, Jones Walker LLP, Mobile, AL, for Defendant Federal Deposit Ins. Co. ORDER KRISTI K. DuBOSE, District Judge. This matter came before the Court for a non-jury trial on October 19, 2009. Upon consideration of the documentary and testimonial evidence presented at trial and all other pertinent portions of the record, including the parties' post-trial submissions (Docs. 36 & 37), the Court makes the following findings of fact and c... Jessie M. GORDON, Plaintiff, v. WAL-MART SUPERCENTER, Defendant. , S.D.Ala., November 12, 2009 Henry Sanders, Kindaka J. Sanders, Chestnut, Sanders, Sanders, Pettaway & Campbell, LLC, Selma, AL, for Plaintiff. W. Pemble Delashmet, Delashmet & Marchand, P.C., Chad C. Marchand, Jennifer Allen Doughty, Ahnri Leronne Riddick-Seals, Chad Marchand, Delashmet & Marchand, Mobile, AL, for Defendant. ORDER CALLIE V.S. GRANADE, Chief Judge. This matter comes before the court on five motions in limine filed by defendant Wal-Mart Supercenter ("Wal-Mart"), the plaintiff's consolidated response... CONFERENCE AMERICA, INC., Plaintiff, v. DHL EXPRESS (USA), INC., Defendant. , M.D.Ala., November 12, 2009 Benjamin A. Gastel, Bradley M. Davis, Robert P. Williams, II, William M. Droze, Troutman Sanders, L.L.P, Atlanta, GA, for Plaintiff. Douglas Hugh Bryant, John Francis Whitaker, William Anderson Mudd, Whitaker, Mudd, Simms, Luke & Wells, LLC, Birmingham, AL, for Defendant. MEMORANDUM OPINION AND ORDER SUSAN RUSS WALKER, United States Chief Magistrate Judge. Plaintiff Conference America, Inc. ("CA") sues its former customer, DHL Express (USA), Inc. ("DHL"), alleging that DHL has breached ... Jorge Alberto DEL CID, Petitioner, v. UNITED STATES of America, Respondents. , M.D.Ala., November 12, 2009 Jorge Alberto Del Cid, Montgomery, AL, pro se. Stephen P. Feaga, Sandra Jean Stewart, United States Attorney Office, Montgomery, AL, for Respondents. ORDER AND OPINION W. HAROLD ALBRITTON, Senior District Judge. On October 23, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 11). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and... Brenda ARCHER, et al., Plaintiffs, v. MORGAN KEEGAN & COMPANY, INC., a foreign corporation, et al., Defendants. , M.D.Ala., November 12, 2009 Charles M. Thompson, Charles M. Thompson, P.C., Birmingham, AL, for Plaintiffs. Peter Sean Fruin, Scott S. Brown, Maynard Cooper & Gale, PC, Birmingham, AL, for Defendants. OPINION AND ORDER MYRON H. THOMPSON, District Judge. This cause, in which the plaintiffs charged the defendants with various state-law claims based on fraud, deceptive trade practices, negligence, wantonness, breach of contract, and violation of the Blue Sky Law, is now before the court on the plaintiffs' motion to re... Robert L. McCRAY, # 167644, Petitioner, v. John CUMMINS, Warden, et al., Respondents. , M.D.Ala., November 12, 2009 Robert L. McCray, Brent, AL, pro se. Marc Alan Starrett, Office of the Attorney General, Montgomery, AL, for Respondents. ORDER AND OPINION IRA DeMENT, Senior District Judge. On August 17, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. No. 15). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of... Craig STREET, Plaintiff, v. DRURY INNS, INC., Defendant. , S.D.Ala., November 10, 2009 Mathew Bernard Richardson, Sidney W. Jackson, III, Jackson, Foster & Richardson, LLC, Mobile, AL, for Plaintiff. Craig Whitfield Goolsby, Robert Justin Sherer, Carr, Allison, Pugh, Howard, Oliver & Sisson, P.C., Daphne, AL, for Defendant. ORDER CALLIE V.S. GRANADE, Chief Judge. This matter is before the court on plaintiff's appeal of the Magistrate Judge's order denying plaintiff's request for a 90 day extension of time in which to complete discovery. (Docs.26, 27) and defendant's motion... Daniel Ray LEONARD, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Ala., November 10, 2009 Daniel R. Leonard, pro se. Joe Carl Jordan, Ross & Jordan, P.C., Mobile, AL, for Petitioner. D. Andrew Sigler, U.S. Attorney's Office, Mobile, AL, for Respondent. ORDER WILLIAM H. STEELE, District Judge. After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated January 28, 2009 is ADOPTED as the opinion of this ... Terrance Dewayne WILLIAMS, a/k/a Pat Williams, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Ala., November 10, 2009 Pat Williams, Brent, AL, pro se. ORDER WILLIAM H. STEELE, District Judge. After due and proper consideration of all pleadings in this file, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted as the opinion of this Court. It is ORDERED that this Motion to Vacate be DENIED (Doc. 193) as time-barred and that this action be DISMISSED. REPORT AND RECOMMENDATION BERT W. MILLING, JR., United States Magistrate Ju... Elizabeth WALTON-HORTON, Plaintiff, v. HYUNDAI MOTOR MANUFACTURING ALABAMA, LLC, et al., Defendants. , M.D.Ala., November 10, 2009 Deborah Moore Nickson, Deborah M. Nickson, Attorney at Law, Montgomery, AL, for Plaintiff. Brian Roberts Bostick, Joseph Trent Scofield, Timothy A. Palmer, Ogletree, Deakins, Nash, Smoak & Stewart, Birmingham, AL, for Defendants. MEMORANDUM OPINION AND ORDER W. KEITH WATKINS, District Judge. Plaintiff Elizabeth Walton-Horton ("Walton-Horton") brings this action against Hyundai Motor Manufacturing Alabama, LLC ("HMMA"), Tommy Certain ("Certain"), and Eric George ("George"), (collectively ... Linda BLEVINS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , M.D.Ala., November 10, 2009 MEMORANDUM OPINION CHARLES S. COODY, United States Magistrate Judge. I. Introduction The plaintiff applied for supplemental security income benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq., alleging that she was unable to work because of a disability. His application was denied at the initial administrative level. The plaintiff then requested and received a hearing before an Administrative Law Judge ("ALJ"). Following the hearing, the ALJ also denied the claim. The... Alexander BRINSON, # 146986, Plaintiff, v. Dr. DARBOUZE, et al., Defendants. , M.D.Ala., November 10, 2009 Alexander Brinson, Clio, AL, pro se. ORDER AND RECOMMENDATION OF THE MAGISTRATE JUDGE TERRY F. MOORER, United States Magistrate Judge. This civil action is before the court on a 42 U.S.C. § 1983 complaint filed by Alexander Brinson ["Brinson"], a state inmate and frequent federal litigant. In this complaint, Brinson complains that numerous health care personnel at the Easterling Correctional Facility falsified medical records and failed to provide him medical screening each time he requeste... NORTHFIELD, LLC, Plaintiff, v. The UTILITIES BOARD OF the CITY OF BAYOU LA BATRE, ALABAMA, et al., Defendants. , S.D.Ala., November 9, 2009 ORDER WILLIAM H. STEELE, District Judge. This matter comes before the Court on plaintiff's Motion to Remand (doc. 8). The Motion has been briefed and is now ripe for disposition. On July 31, 2009, plaintiff, Northfield, LLC, filed a Complaint in Mobile County Circuit Court against defendants, The Utilities Board of the City of Bayou La Batre, Alabama and Marlin Johnson, the Board's Executive Director. The crux of the Complaint is that "sewer impact fees" and "water impact fees" levied agai... Robert E. TODD, Plaintiff, v. Michael J. ASTRUE, Acting Commissioner of Social Security, Defendant. , S.D.Ala., November 9, 2009 Byron A. Lassiter, Mobile, AL, for Plaintiff. Alexess Rea, Denver, CO, Patricia Nicole Beyer, U.S. Attorney's Office, Mobile, AL, for Defendant. MEMORANDUM OPINION AND ORDER BERT W. MILLING, JR., United States Magistrate Judge. In this action under 42 U.S.C. § 405(g), Plaintiff seeks judicial review of an adverse social security ruling which denied a claim for disability insurance benefits and Supplemental Security Income (Docs .1). The parties filed written consent and this action has b... Sean M. CARTER, # 267439, Plaintiff, v. Jay JONES, et al., Defendants. , M.D.Ala., November 9, 2009 Sean M. Carter, Mt. Meigs, AL, pro se. Daryl Lynn Masters, Webb & Eley, P.C., Montgomery, AL, for Defendants. ORDER IRA DeMENT, Senior District Judge. The Magistrate Judge entered a Recommendation (Doc. No. 25) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is ORDERED that the RECOMMENDATION of the Magist... Evester THARP, Petitioner, v. Warden Kenneth JONES, et al., Respondents. , M.D.Ala., November 9, 2009 Evester Tharp, Bessemer, AL, pro se. Stephen Norwood Dodd, Office of the Attorney General, Montgomery, AL, for Respondents. ORDER W. KEITH WATKINS, District Judge. There being no objections filed to the Recommendation of the Magistrate Judge ("Recommendation") (Doc. # 20), and after an independent review, it is ORDERED that: (1) The Recommendation is ADOPTED; (2) Petitioner Evester Tharp's petition for a writ of habeas corpus (Doc. # 1) is DENIED. (3) This case is DISMISSED with pr... Vernesia Lee WOMACK, Plaintiff, v. UNITED STATES of America, Defendant. , M.D.Ala., November 9, 2009 Vernesia Lee Womack, Ozark, AL, pro se. Stephen Michael Doyle, United States Attorney's Office, Montgomery, AL, for Defendant. MEMORANDUM OPINION AND ORDER W. KEITH WATKINS, District Judge. Before the court is the United States's Motion for Reconsideration (Doc. # 37) of the portion of the court's Memorandum Opinion and Order (Doc. # 36) rejecting the Recommendation of the Magistrate Judge (Doc. # 32). For the reasons to follow, the motion is due to be denied. I. STANDARD OF REVIEW A ... GULFMARK OFFSHORE, INC., Plaintiff, v. BENDER SHIPBUILDING & REPAIR CO., INC., et al., Defendants. , S.D.Ala., November 9, 2009 Eric J. Breithaupt, Lynn S. Darty, Christian & Small LLP, Birmingham, AL, Stephen Anthony Roberts, Strasburger & Price, LLP, Austin, TX, for Plaintiff. A. Clay Rankin, III, Douglas W. Fink, Norman Matt Stockman, Hand Arendall, L.L.C., Donald C. Radcliff, Brady Radcliff & Brown LLP, Mobile, AL, for Defendants. ORDER WILLIAM H. STEELE, District Judge. This stayed matter comes before the Court on Plaintiff's Motion to Refer this Action to Bankruptcy Court (doc. 47). The Motion has been brie... AUBURN UNIVERSITY, Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendants. , M.D.Ala., November 9, 2009 David R. Boyd, Griffin Lane Knight, Balch & Bingham, Montgomery, AL, Gregory Alan Madera, Fish & Richardson PC, Boston, MA, John C. Adkisson, Jonathan E. Singer, Michael J. Kane, William R. Woodford, Fish & Richardson P.C., Minneapolis, MN, Juanita Rose Brooks, Fish & Richardson PC, San Diego, CA, for Plaintiff. Alan Thomas Hargrove, Jr., Rushton Stakely Johnston & Garrett PC, Frank Chadwick Morriss, Covington & Burling LLP, Montgomery, AL, Brent P. Ray, John A. Marlott, Jones Day, Chicago, ... Walter M. NICHOLS, Plaintiff, v. SECURITY ENGINEERS, INC., Defendant. , S.D.Ala., November 9, 2009 Angelique Michelle S. Cooper, Mobile, AL, for Plaintiff. Taffiny Smith Stewart, Elliott Britton Monroe, Rachel Vannortwick, Lloyd, Gray & Whitehead, P.C., Birmingham, AL, for Defendant. ORDER KRISTI K. DuBOSE, District Judge. This employment discrimination action is now before the Court on defendant Security Engineers, Inc.'s motion for summary judgment, plaintiff Walter M. Nichols response, the reply, and the parties' supporting evidentiary submissions (docs.37-39, 41-44). Upon consider... Patti MOTON, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; and Geico Indemnity Company, Defendants. , M.D.Ala., November 6, 2009 Gerald Clark Brooks, Jr., Tyrone Carlton Means, Thomas, Means, Gillis & Seay, P.C., Montgomery, AL, for Plaintiff. Alex Lafayette Holtsford, Jr., Jeffrey Guy Hunter, Brandy F. Price, Nix Holtsford Gilliland Higgins & Hitson PC, Gerald Carl Swann, Jr., William Christopher Waller, Jr., Ball, Ball, Matthews & Novak, P.A., Roianne Houlton Conner, Law Office of Roianne Houlton Conner, Montgomery, AL, for Defendants. OPINION MYRON H. THOMPSON District Judge. This lawsuit came before the court for... Francilla Taylor BETTS, Plaintiff, v. The POLLARD AGENCY, INC., Defendant. , S.D.Ala., November 6, 2009 H. Wallace Blizzard, Jon C. Goldfarb, Wiggins, Childs, Quinn, and Pantazis, LLC, Birmingham, AL, for Plaintiff. James C. Pennington, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Birmingham, AL, Dara L. Dehaven, Ogletree, Deakins, Nash, Smoak & Stewart, Atlanta, GA, for Defendant. MEMORANDUM OPINION AND ORDER CALLIE V.S. GRANADE, Chief Judge. This matter is before the court on defendant's motion for summary judgment (Doc. 23), plaintiff's opposition thereto (Doc. 29), and defendant's r... Jackie McLEOD, Petitioner, v. Grantt CULLIVER, Respondent. , S.D.Ala., November 5, 2009 Jackie McLeod, Atmore, AL, pro se. ORDER WILLIAM H. STEELE, District Judge. After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that this petition for habeas corpus relief is hereby DENIED and that this action be DISMISSED. REPORT AND RECOMMENDATION SONJA F. BIVINS, Un... The MITCHELL CO., INC., Plaintiff, v. Joseph J. CAMPUS III, and James Y. Young, Defendants. , S.D.Ala., November 5, 2009 David J. Middlebrooks, Lehr Middlebrooks & Vreeland, P.C., Donald R. James, Jr., William J. Baxley, Charles A. Dauphin, David McKnight, Baxley, Dillard, Dauphin & McKnight, Birmingham, AL, Walter M. Cook, Jr., Arthur Grady Williams, IV, Bradley Robert Sanders, Jr., William E. Shreve, Jr., Lyons, Pipes & Cook, Mobile, AL, for Plaintiff. Alan C. Christian, Johnstone, Adams, Bailey, Gordon & Harris, Mary Margaret Bailey, Michael E. Upchurch, Robert J. Mullican, W. Austin Mulherin, III, Frazer, G... AKZO NOBEL Coatings INC., Plaintiff, v. JOHNSTON PAINT & BODY SUPPLIES, LLC., Defendant. , S.D.Ala., November 5, 2009 Heather Guidry Hornsby, P. Russel Myles, McDowell Knight Roedder & Sledge, L.L.C., Mobile, AL, for Plaintiff. W.A. Kimbrough, for Defendant. MEMORANDUM OPINION AND ORDER CALLIE V.S. GRANADE, Chief Judge. This cause is before the court on plaintiff's motion for summary judgment (Doc. 48), defendant's submission of an affidavit in opposition (Docs.55), plaintiff's motion to strike (Doc. 56) and plaintiff's reply in support of summary judgment (Doc. 57). The court finds that plaintiff's mot... SOUTHERN GEO-ENVIRONMENTAL CONSULTANTS, INC., et al., Plaintiffs, v. Edward S. HERZOG, et al., Defendants. , S.D.Ala., November 5, 2009 James G. Curenton, Jr., Fairhope, AL, for Plaintiffs. ORDER WILLIAM H. STEELE, District Judge. This matter comes before the Court on plaintiffs' Renewed Motion for Default Judgment (doc. 24). The Motion is ripe for disposition at this time. I. Background. On or about March 12, 2009, plaintiffs, Southern GEO-Environmental Consultants, Inc. and Todd Lambert, filed a Complaint (doc. 1) in this District Court against defendants, Edward S. Herzog, Ancient Gates & Supplies, LLC, and Paramount ... PACO ASSURANCE COMPANY, INC., Plaintiff, v. Mark ROWLEY, etc., et al., Defendants. , S.D.Ala., November 5, 2009 David M. Wilson, Jud Clifford Stanford, Wilson & Berryhill, P.C., Birmingham, AL, for Plaintiff. ORDER WILLIAM H. STEELE, District Judge. This matter is before the Court on the motion of defendant American Legion Post # 153 ("American Legion") to dismiss. (Doc. 6). The plaintiff has filed a response and American Legion a reply, (Docs.12, 14), and the motion is ripe for resolution. After carefully considering the foregoing and other relevant material in the file, the Court concludes that the... Marilyn WOOD, etc., Plaintiff, v. WACHOVIA BANK, etc., et al., Defendants. , S.D.Ala., November 5, 2009 James C. Johnston, Jason Kirk Hagmaier, Joseph Michael Druhan, Jr., Johnston Druhan, LLP, Jay M. Ross, Ross, Jordan & Gray, PC, Mobile, AL, for Plaintiff. John Phillip Browning, Bowron, Latta & Wasden, P.C., Mobile, AL, Victor Lee Hayslip, William Jacob Long, IV, Burr & Forman, Birmingham, AL, for Defendants. ORDER WILLIAM H. STEELE, District Judge. This matter is before the Court on the plaintiff's motion to remand. (Doc. 5). The parties have filed briefs in support of their respective... Adero PEARSON, Plaintiff, v. Richard ALLEN, et al., Defendants. , M.D.Ala., November 5, 2009 Adero Pearson, Springville, AL, pro se. ORDER W. KEITH WATKINS, District Judge. The Magistrate Judge has filed a Recommendation (Doc. # 6) that Plaintiff Adero Pearson's complaint (Doc. # 1) be transferred to the U.S. District Court for the Northern District of Alabama, as the events he complains of all took place within that district. No objections have been filed to the report. After an independent review, it is ORDERED that: (1) The Recommendation is ADOPTED; (2) This matter is TRA... Curtis POTTS, Plaintiff, v. PIKE COUNTY SHERIFF'S OFFICE, Defendant. , M.D.Ala., November 5, 2009 Curtis Potts, Troy, AL, pro se. ORDER SUSAN RUSS WALKER, United States Chief Magistrate Judge. This matter is before the court for screening pursuant to 28 U.S.C. § 1915(e)(2)(B). A thorough review of this complaint indicates that Plaintiff, Curtis Potts, fails to properly name and identify defendants responsible for the alleged violations of his constitutional rights. Plaintiff lists "Pike County Sheriff's Office" as a defendant. This entity is not subject to suit in a 42 U.S.C. § 1983 act... James Timothy BULLOCK, 4-D-14, Plaintiff, v. Dr. BATES of Q.C.H.C., et al., Defendants. , M.D.Ala., November 5, 2009 James Timothy Bullock, Montgomery, AL, pro se. Wayne Paulk Turner, Wayne P. Turner, Attorney at Law, Thomas T. Gallion, III, Constance Caldwell Walker, Haskell Slaughter Young & Gallion, LLC, Montgomery, AL, for Defendants. ORDER W. KEITH WATKINS, District Judge. There being no objections filed to the Recommendation of the Magistrate Judge (Doc. # 32), and upon an independent review of the file in this case, it is ORDERED that the Recommendation is adopted and that Plaintiff's Motion to ... Austin E. JAMES, Plaintiff, v. BALDWIN BONE & JOINT, P.C., et al., Defendants. , S.D.Ala., November 4, 2009 Stephen D. Heninger, Heninger Garrison Davis, LLC, Birmingham, AL, for Plaintiff. Michael K. Wright, George Edwin Newton, II, Starnes & Atchison, LLP, Birmingham, AL, W. Christian Hines, III, Starnes & Atchison LLP, Albert Danner Frazer, Jr., Jay Nicklos Robinson, Frazer, Greene, Upchurch & Baker LLC, Mobile, AL, for Defendants. ORDER KRISTI K. DuBOSE, District Judge. After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having bee... Phillip Wayne TOMLIN, Petitioner, v. Grantt CULLIVER, Respondent. , S.D.Ala., November 3, 2009 Phillip Wayne Tomlin, Atmore, AL, pro se. ORDER CALLIE V.S. GRANADE, Chief Judge. After due and proper consideration of all pleadings in this file, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted as the opinion of this Court. It is ORDERED that this petition be DENIED and that this action be DISMISSED, without prejudice, so that Petitioner may pursue available state court remedies. DONE and ORDERED. REPO... Deloris CARTER, et al., Plaintiffs, v. MONTGOMERY HOUSING AUTHORITY, et al., Defendants. , M.D.Ala., November 3, 2009 MEMORANDUM OPINION AND ORDER MARK E. FULLER, Chief Judge. This cause is before the Court on Plaintiffs' Motion for Preliminary Injunction (Doc. # 3). Plaintiffs are nine women who all participate in the Housing Assistance program pursuant to 42 U.S.C. § 1437f ("Section 8"), administered locally by the Housing Authority of the City of Montgomery ("MHA"). From September 4 to October 4, 2009, Plaintiffs each received a letter from MHA stating that MHA would end Section 8 assistance at the end of... Steve KUITHE, Plaintiff, v. GULF CARIBE MARITIME, INC., Defendant. , S.D.Ala., November 3, 2009 ORDER WILLIAM H. STEELE, District Judge. This matter is before the Court on the defendant's motion to quash notice of deposition. (Doc. 127). The parties have filed briefs and other materials in support of their respective positions, (Docs.128, 130, 131), and the motion is ripe for resolution. The deponent, David Gatewood, is a former employee of the defendant. He was the first person to come upon the plaintiff after his injury, and he also has information concerning the plaintiff's health... CHARTER SERVICES, INC. and Mobile Fractional Leasing, LLC, Plaintiffs, v. DL AIR, LLC, et al., Defendants. , S.D.Ala., November 2, 2009 Clifton Charles Mosteller, Jeffrey Uhlman Beaverstock, Burr & Forman, LLP, Mobile, AL, for Plaintiffs. April M. Dodd, Adams & Reese, LLP, Mobile, AL, for Defendants. ORDER KRISTI K. DuBOSE, District Judge. After due and proper consideration of all pleadings in this file, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636 and dated October 14, 2009 is ADOPTED as the opinion of this Court. It is hereby ORDERED that... ARGONAUT MIDWEST INS. CO., Plaintiff, v. D & B WASTE SERVICES, LLC, et al., Defendants. , S.D.Ala., November 2, 2009 David M. Wilson, Wilson & Berryhill, P.C., Jud Clifford Stanford, Birmingham, AL, for Plaintiff. Frank Jerome Tapley, Cory, Watson, Crowder & Degaris, Birmingham, AL, James Michael Shelnutt, Gadsden, AL, for Defendants. Waymond Earl Spicer, Jr., Selma, AL, pro se. ORDER KATHERINE P. NELSON, United States Magistrate Judge. Plaintiff Argonaut Midwest Insurance Co. has filed the instant declaratory judgment action against its policy holder, D & B Waste Services, LLC., and others, on the... Leo FRAZIER, as Administrator of the Estate of Manuel Dejesus Corado, deceased, Plaintiffs, v. SHELTON AND TYRONE POWE LOGGING, et al., Defendants. , S.D.Ala., November 2, 2009 ORDER KATHERINE P. NELSON, United States Magistrate Judge. Defendants have filed a Motion to Compel (doc. 62). In that motion, they refer to a single paragraph in a single letter to opposing counsel as the sum total of their effort to comply with the good faith conferencing requirements of Rule 37. Federal Rule of Civil Procedure 37 requires the movant to make a good faith attempt to confer and resolve discovery disputes prior to filing a motion to compel discovery responses. Rule 37 also ... Nancy J. HUFF, Plaintiff, v. M/V CELERINA, et al., Defendants. , S.D.Ala., November 2, 2009 ORDER WILLIAM H. STEELE, District Judge. This matter comes before the Court on plaintiff's Motion to Dismiss without Prejudice (doc. 11). Plaintiff seeks to dismiss her claims in federal court and refile them in state court in order to preserve her right to a jury trial. Defendants object to the proposed dismissal of plaintiff's lawsuit and urge the Court to deny the Motion. This case arises from the death of Tim Huff on or about June 21, 2008, while assisting in the unloading of the M/V C... Richard MURRAY, III, et al., Plaintiffs, v. HOLIDAY ISLE, LLC, Defendant. , S.D.Ala., October 30, 2009 A. Carson I. Nicolson, Carson Irvine Nicolson, LLC, Fairhope, AL, Troy Thomas Schwant, Peter F. Burns, Burns, Cunningham, Mackey & Fillingim, P.C., A. Richard Maples, Jr., Gilbert L. Fontenot, Maples & Fontenot, LLP, Mobile, AL, for Plaintiffs. Charles William Daniels, Jr., Thomas Marriott Wood, Burr & Forman LLP, Mobile, AL, for Defendant. ORDER WILLIAM H. STEELE, District Judge. This matter comes before the Court on plaintiffs' Joint Motion to Confirm Arbitration Award (doc. 170). On O... Kevin Scott NINESLING, Plaintiff, v. CHS MIDDLE EAST, LLC, et al., Defendants. , M.D.Ala., October 30, 2009 Kevin Scott Ninesling, Prattville, AL, pro se. Laura Lynne Voght, Weinberg Wheeler Hudgins Gunn & Dial LLC, Atlanta, GA, for Defendants. ORDER W. KEITH WATKINS, District Judge. There being no objections filed to the Recommendation of the Magistrate Judge (Doc. # 15), and upon an independent review of the file in this case, it is ORDERED that the Recommendation is adopted, and that this case is DISMISSED for lack of personal jurisdiction over Defendants. An appropriate judgment will be... Robin M. CLARK-TILLEY, Petitioner, v. Cynthia S. WHEELER-WHITE, et al., Respondents. , M.D.Ala., October 30, 2009 ORDER IRA DEMENT, Senior District Judge. The Magistrate Judge entered a Recommendation (Doc. # 19) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. # 19) of the Magistrate Judge is ADOPTED. The petition pursuant to 28 U.S.C. § 2254 is DISMISSED without prejudice to afford... GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation, Plaintiff, v. W.D. WAINWRIGHT & SONS, INC., a corporation, et al., Defendants. , M.D.Ala., October 30, 2009 George Matthew Keenan, Luther Graves Stiff, III, Starnes & Atchison LLP, Birmingham, AL, for Plaintiff. ORDER MARK E. FULLER, Chief Judge. This cause is before the court on the application for temporary restraining order and petition for preliminary injunction, both of which are contained in the Verified Complaint for Exoneration of Surety (Doc. # 1) filed by the plaintiff Guarantee Company of North America USA ("Plaintiff") on October 30, 2009. The Court has carefully considered the plaint... WILTEW, Plaintiff, v. Jimmy PARKER, Defendant. , S.D.Ala., October 30, 2009 ORDER CALLIE V.S. GRANADE, Chief Judge. After due and proper consideration of all pleadings in this file, and a de novo determination of those portions of the Recommendation to which objection is made, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted as the opinion of this Court. The court agrees with the defendant that his declaration may be considered in determining whether the court had jurisdiction at the time the case was removed. However, even... PEARSON'S PHARMACY, INC., et al., Plaintiffs, v. EXPRESS SCRIPTS, INC., Defendant. , M.D.Ala., October 29, 2009 James Michael Terrell, Nicholas W. Armstrong, Robert Gordon Methvin, Jr., McCallum, Methvin & Terrell, PC, Birmingham, AL, for Plaintiffs. Christopher Andrew Smith, Christopher John Valeriote, Jeanine R. Bermel, Joseph P. Conran, Thomas McKee Dee, Husch Blackwell Sanders LLP, St. Louis, MO, Eric Brandon Langley, Gregory Carl Cook, Balch & Bingham, Kenneth Evan Riley, Farris, Riley & Pitt, LLP, Birmingham, AL, for Defendant. MEMORANDUM OPINION AND ORDER W. KEITH WATKINS, District Judge. P... Willie Earl DUNKLIN, # 174406, Plaintiff, v. Bob RILEY, et al., Defendants. , M.D.Ala., October 29, 2009 Willie Earl Dunklin, Atmore, AL, pro se. Jack Wilfred Wallace, Jr., Alabama Office of the Attorney General, Montgomery, AL, for Defendants. ORDER MARK E. FULLER, Chief Judge. On October 8, 2009, the Magistrate Judge filed a Recommendation (Doc. # 55) in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the court that:... Jeffery Lynn KREIDLER, Plaintiff, v. Warden Willie THOMAS, Defendant. , M.D.Ala., October 29, 2009 Jeffery Lynn Kreidler, Elmore, AL, pro se. ORDER W. KEITH WATKINS, District Judge. There being no objections filed to the Recommendation of the Magistrate Judge (Doc. # 23) and upon an independent review of the file in this case, it is ORDERED that the Recommendation is adopted, and that Defendant Warden Willie Thomas's motion for summary judgment (Doc. # 9) is GRANTED. It is further ORDERED that the costs of this proceeding are TAXED against Plaintiff Jeffery Lynn Kreidler for which let... Steven SMITH, Plaintiff, v. Officer Patrick EAST, Defendant. , M.D.Ala., October 29, 2009 MEMORANDUM OPINION AND ORDER MARK E. FULLER, Chief Judge. I. INTRODUCTION Steven Smith ("Plaintiff") brought this case against Officer Patrick East ("Defendant"), Nurse Kellie Murrell, and fictitious defendant "Officer A" (Doc. # 4). The parties jointly dismissed with prejudice all claims against Nurse Murrell (Doc. # 21). This Court granted Defendant's Motion to Strike Officer A (Doc. # 34). Now pending before this Court is Defendant's Motion to Dismiss the Amended Complaint (Doc. # 15) pursu... Jennifer L. ERTL, Plaintiff, v. John D. LANE, Defendant. , M.D.Ala., October 29, 2009 Jennifer L. Ertl, pro se. ORDER MYRON H. THOMPSON, District Judge. On September 17, 2009, the magistrate judge issued a report and recommendation (doc. no. 7) to which no timely objections were made. Upon an independent and de novo review of the record and upon consideration of the recommendation of the magistrate judge, it is the ORDER, JUDGMENT and DECREE that: (1) The report and recommendation of the magistrate judge (doc. no. 7) is adopted; (2) Plaintiff's motion to proceed in form... James and Janice BOATWRIGHT, Plaintiffs, v. CARNEY REALTY, INC., et al., Defendants. , S.D.Ala., October 29, 2009 Adam Matthew Milam, Shelley Howton Milam, Milam & Milam, LLC, Fairhope, AL, for Plaintiffs. Christopher Belk Estes, James H. McDonald, Jr., Paul V. Lagarde, Alford, Clausen & McDonald, Mobile, AL, for Defendants. ORDER WILLIAM H. STEELE, District Judge. This matter comes before the Court on Shirlee Poulos and Carney Realty, Inc.'s Motion for Summary Judgment (doc. 93). The Motion has been extensively briefed and is ripe for disposition. [FN1] FN1. Also pending are Plaintiffs' Motion to S... McCOLLOUGH ENTERPRISES, LLC, et al., Plaintiffs, v. MARVIN WINDOWS, INC., Defendant. , S.D.Ala., October 29, 2009 Abner Riley Powell, IV, The Powell Law Firm, P.C., Gulf Shores, AL, for Plaintiffs. Thomas C. Tankersley, Thomas C. Tankersley, P.C., Montgomery, AL, for Defendant. ORDER WILLIAM H. STEELE, District Judge. This twice-removed action comes before the Court on plaintiffs' Motion for Remand (doc. 4). The Motion has been briefed and is ripe for disposition. I. Background. This case arises from a commercial dispute between plaintiffs, McCollough Enterprises, LLC and Dr. E. Gaylon McCollough... Diane L. HOLBROOK, Plaintiff, v. CASTLE KEY INSURANCE COMPANY, etc., et al., Defendants. , M.D.Ala., October 29, 2009 Diane L. Holbrook, Hobe Sound, FL, pro se. Elwyn Berton Spence, Rumberger, Kirk & Caldwell, PC, Birmingham, AL, for Defendants. State of Florida, Office of Attorney General, Tallahassee, FL, pro se. OPINION MYRON H. THOMPSON, District Judge. Plaintiff filed this lawsuit asserting, as best the court can guess, that a number of public officials have ignored her. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that plaintiff's case be dism... Benjamin K. MAPP, Plaintiff, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, et al., Defendants. , M.D.Ala., October 28, 2009 MEMORANDUM OPINION AND ORDER W. KEITH WATKINS, District Judge. Plaintiff Benjamin K. Mapp ("Mapp") has filed a motion (Doc. # 20) asking the court to reconsider its opinion (Doc. # 12) denying his motion to remand this case to state court or, in the alternative, to certify the denial of remand for interlocutory appeal pursuant to 28 U.S.C. § 1292(b). A response in opposition was filed by Defendant Deutsche Bank National Trust Company ("Deutsche Bank") (Doc. # 23), to which Mapp filed a reply ... CROOKED CREEK PROPERTIES, INC., Plaintiff, v. Richard ENSLEY, et al., Defendants. , M.D.Ala., October 28, 2009 Gatewood A. Walden, Walden & Associates, Montgomery, AL, for Plaintiff. Robert A. Huffaker, Ronald Gregg Davenport, Rushton Stakely Johnston & Garrett PC, Montgomery, AL, Joseph Elliott Stott, Robert Moore Ronnlund, Birmingham, AL, for Defendants. MEMORANDUM OPINION KEITH WATKINS, District Judge. Before the court are two motions to dismiss, one filed by Defendants Richard Ensley, Patricia Ensley, Anita Liles and ES Capital, LLC (Doc. # 31), and the other filed by Defendant Charles W. Edm... Vickie P. THOMAS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.Ala., October 28, 2009 Michael Jay Tonder, Gardberg & Clausen, P.C., Mobile, AL, for Plaintiff. Robert Louis Van Saghi, Denver, CO, Alex F. Lankford, IV, Patricia Nicole Beyer, U.S. Attorney's Office, Mobile, AL, for Defendant. MEMORANDUM OPINION AND ORDER BERT W. MILLING, JR., United States Magistrate Judge. In this action under 42 U.S.C. §§ 405(g) and 1383(c)(3), Plaintiff seeks judicial review of an adverse social security ruling which denied claims for disability insurance benefits and Supplemental Securit... Christopher Robin WINGARD, Plaintiff, v. CHILTON COUNTY TASK FORCE, et al., Defendants. , M.D.Ala., October 27, 2009 Christopher Robin Wingard, Mt. Meigs, AL, pro se. Daniel F. Beasley, Robert Newell Bailey, II, Lanier Ford Shaver & Payne PC, Huntsville, AL, for Defendant. ORDER AND OPINION W. HAROLD ALBRITTON, Senior District Judge. On September 24, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 22). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is OR... Timothy WILLIAMS, # 11778-002, Petitioner, v. UNITED STATES of America, Respondent. , M.D.Ala., October 27, 2009 Timothy Williams, Oakdale, LA, pro se. James McCauley Smith, James M. Smith, Attorney at Law, Montgomery, AL, for Petitioner. John Thomas Harmon, Pine Apple, AL, Susan R. Redmond, U.S. Attorney's Office, Montgomery, AL, for Respondent. ORDER MARK E. FULLER, Chief Judge. After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The petitioner's Objection to the Magistrate Judge Recommendation (Doc. # 88) filed on October 19, 2009 is overru... UNITED STATES of America v. Richard M. SCRUSHY. , M.D.Ala., October 27, 2009 ORDER MARK E. FULLER, Chief District Judge. This cause is before the Court on Defendant Richard M. Scrushy's Motion for Temporary and Permanent Injunction to Prevent Use or Disclosure of and to Require Return of Presentence Report (Doc. # 998) filed on October 26, 2009. By this motion, Defendant Richard M. Scrushy ("Scrushy") asks this Court to temporarily restrain the attorneys for the plaintiffs in the civil action in the Circuit Court of Jefferson County, Alabama styled Tucker v. Scrushy, ... Charlotte JOHNSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , M.D.Ala., October 27, 2009 MEMORANDUM OPINION AND ORDER WALLACE CAPEL, JR., United States Magistrate Judge. I. INTRODUCTION Plaintiff Charlotte Johnson applied for disability insurance benefits under Titles II and XVI of the Social Security Act ("the Act"), 42 U.S.C. §§ 401 et seq. and 1381-1383c. Plaintiff's application was denied at the initial administrative level. Plaintiff then requested and received two hearings before an Administrative Law Judge (ALJ). Following the hearings, the ALJ also denied the claims. The ... Christopher McCULLOUGH, Petitioner, v. Gary HETZEL, Warden, et al., Respondents. , M.D.Ala., October 27, 2009 Christopher McCullough, Bessemer, AL, pro se. Marc Alan Starrett, Office of the Attorney General, Montgomery, AL, for Respondent. ORDER W. HAROLD ALBRITTON, Senior District Judge. No objection having been filed to the Recommendation of the Magistrate Judge (Doc. # 36), entered on September 24, 2009, the court adopts the Recommendation of the Magistrate Judge, and it is hereby ORDERED that this petition for habeas corpus relief is DENIED and this case is DISMISSED with prejudice as tim... David Donnie WILLIAMS, Plaintiff, v. Ralph HOOKS, Warden, et al., Defendants. , M.D.Ala., October 27, 2009 David Donnie Williams, Springville, AL, pro se. Audrey Kathleen Jones Jordan, Office of the Attorney General Criminal Appeals, Montgomery, AL, for Defendants. ORDER W. HAROLD ALBRITTON, Senior District Judge. No objection having been filed to the Recommendation of the Magistrate Judge (Doc. # 11), entered on September 24, 2009, the court adopts the Recommendation, and it is hereby ORDERED that this petition for habeas corpus relief is DENIED, and this case is DISMISSED with prejudice.... Adam LUSTER and Crystal Luster, Plaintiffs, v. Gordon LEDBETTER, in his individual capacity, Chris Miles, in his individual capacity, and A.J. Renfore, in his individual capacity, Defendants. , M.D.Ala., October 26, 2009 ORDER MYRON H. THOMPSON, District Judge. It is ORDERED that plaintiff Adam Luster's counsel's third request, contained in the second status report (doc. no. 113), for time to locate plaintiff Luster is denied. * * * Plaintiff Adam Luster failed to appear before the court on October 13, 2009, the date this lawsuit was scheduled for jury trial. Luster's counsel reported that they had not spoken with Luster in three weeks but that he was aware of the trial date. At Luster's counsel's oral r... Tammy HOLLOWAY, Petitioner, v. UNITED STATES of America, Respondent. , M.D.Ala., October 26, 2009 Timothy Charles Halstrom, Timothy C. Halstrom LLC, Montgomery, AL, for Petitioner. Andrew O. Schiff, Christopher A. Snyder, United States Attorney's Office, Montgomery, AL, for Respondent. AMENDED ORDER W. KEITH WATKINS, District Judge. This Amended Order VACATES the court's previous Order. (Doc. # 10.) On August 11, 2009, Petitioner Tammy Holloway filed a petition (Doc. # 1) pursuant to 28 U.S.C. § 2255 seeking to vacate, set aside, or correct the sentence she received on October 29,... The Estate of Eugene Donjuall GILLIAM, by and through his personal representative, Cynthia Harmon WALDROUP, Administratrix, Plaintiff, v. CITY OF PRATTVILLE, et al., Defendants. , M.D.Ala., October 26, 2009 Holdings: The District Court, Mark E. Fuller, Chief District Judge, held that: (1) police officer's conduct was excessive and grossly disproportionate; (2) unconstitutionality of conduct was clearly established; (3) city was not subject to municipal liability under § 1983; (4) mother's expert testimony was inadmissible; and (5) absent expert testimony, mother could not establish wrongful death. Motion granted in part and denied in part. MEMORANDUM OPINION AND ORDER MARK E. FU... MAC EAST, LLC, Plaintiff, v. SHONEY'S, INC., Defendant. , M.D.Ala., October 26, 2009 Dennis Ray Bailey, Bethany L. Bolger, Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, for Plaintiff. James Nicholas Nolan, Constangy, Brooks and Smith, LLC, Paul Oliver Woodall, Jr., Walston Wells & Birchall LLP, Birmingham, AL, Dennis Ray Bailey, Rushton Stakely Johnston & Garrett P.C., Montgomery, AL, for Defendant. MEMORANDUM OPINION AND ORDER MARK E. FULLER, Chief Judge. This cause is before the Court on remand from the Eleventh Circuit. In successive opinions, the Circui... Annie Thomas REED o/b/o DMR, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.Ala., October 26, 2009 Colin Edward Kemmerly, Gardberg & Clausen, P.C., Mobile, AL, for Plaintiff. Pamela M. Wood, Carolyn Cooper, Denver, CO, Alex F. Lankford, IV, Patricia Nicole Beyer, U.S. Attorney's Office, Mobile, AL, for Defendant. ORDER KATHERINE P. NELSON, United States Magistrate Judge. Plaintiff, Annie Thomas Reed, brings this action on behalf of her minor grandchild, DMR [FN1], seeking judicial review of a final decision of the Commissioner of Social Security denying the claim for child supplemen... Adam LUSTER and Crystal Luster, Plaintiffs, v. Gordon LEDBETTER, in his individual capacity, Chris Miles, in his individual capacity, and A.J. Renfore, in his individual capacity, Defendants. , M.D.Ala., October 26, 2009 Joseph Brady Lewis, Elizabeth Peyton Faulk, Lewis, Bush & Faulk, LLC, Montgomery, AL, for Plaintiffs. Randall C. Morgan, Hill Hill Carter Franco Cole & Black, Montgomery, AL, for Defendants. OPINION MYRON H. THOMPSON, District Judge. Plaintiff Adam Luster filed this lawsuit pursuant to 42 U.S.C. § 1983, asserting that, in the course of arresting him, defendant A.J. Renfroe (a police officer with the Eclectic, Alabama Police Department) used excessive force in violation of the Fourth ... The MITCHELL COMPANY, INC., Model Homes, LLC, and Hexagon Investments, LLC, Counterclaim Defendants, v. Joseph J. CAMPUS, III, Counterclaim Plaintiff. v. John B. Saint, Counterclaim Defendant. , S.D.Ala., October 23, 2009 William J. Baxley, Charles A. Dauphin, Baxley, Dillard, Dauphin & McKnight, Birmingham, AL, for Plaintiff. James H. Cox, M. Derek Harris, Atlanta, GA, for Defendants. Walter M. Cook, Jr., Lyons, Pipes & Cook, Mobile, AL, David McKnight, Baxley, Dillard, Dauphin & McKnight, Birmingham, AL, David J. Middlebrooks, Lehr Middlebrooks & Vreeland, P.C., Birmingham, AL, for Plaintiff/Counter Defendants. Alan C. Christian, Johnstone, Adams, Bailey, Gordon & Harris, Mobile, AL, for Defendants/Cou... UNITED STATES of America v. Jesse Leroy BUTLER, a/k/a Patron, Defendant. , S.D.Ala., October 23, 2009 ORDER CALLIE V.S. GRANADE, Chief District Judge. This cause is before the court on defendant's motion to suppress evidence seized (Doc 51), the response thereto of the United States (Doc. 68), defendant's motion to suppress in court and out of court identification of the defendant (Doc. 52), and the United State's response thereto (Doc. 69). Because the record is sufficient to resolve the questions presented, the court finds a hearing on the motions is not necessary. [FN1] Upon review, the co... Michael T. ELGIE, Plaintiff, v. BIC USA, INC., et al., Defendants. , S.D.Ala., October 23, 2009 Bryan Eugene Comer, David G. Wirtes, Jr., Cunningham, Bounds, LLC, Mobile, AL, for Plaintiff. Edward G. Bowron, Ricardo Andrew Woods, Burr & Forman, LLP, Mobile, AL, for Defendants. ORDER KRISTI K. DuBOSE, District Judge. After due and proper consideration of all pleadings in this file and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636 and dated October... WACHOVIA BANK, NATIONAL ASSOCIATION, Plaintiff, v. HORIZON WHOLESALE FOODS, LLC, Warren Day, Leonard L. Gilbert, and Jeffrey F. Parr, Defendants. , S.D.Ala., October 23, 2009 Rashad L. Blossom, Birmingham, AL, for Plaintiff. Jonathon R. Law, Daphne, AL, for Defendants. ORDER KRISTI K. DuBOSE, District Judge. This matter is before the Court on Plaintiff Wachovia Bank, N.A. ("Wachovia")'s Motion for Summary Judgment (Doc. 19), which is unopposed. [FN1] For the reasons set forth herein, Plaintiff's Motion for Summary Judgment (Doc. 22) is GRANTED and Defendants are found jointly and severally liable to Wachovia for the $100,000 principal debt, $1,034.64 in mis... Gene COGGINS, Plaintiff, v. UNITED STATES BANKRUPTCY Court and Chief Judge Dwight H. Williams, Jr., Defendants. , M.D.Ala., October 23, 2009 Gene Coggins, Lanett, AL, pro se. Stephen Michael Doyle, United States Attorney's Office, Montgomery, AL, for Defendants. ORDER TRUMAN M. HOBBS, Senior District Judge. On August 12, 2009, the Magistrate Judge filed a Recommendation in this case recommending that the plaintiff's complaint be dismissed prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(iii). (Doc. # 10). On August 20, 2009, the plaintiff filed objections to the recommendations. (Doc. # 11). After careful... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com