U.S. District Courts - Kansas ©   Coverage   Help   Search Westlaw   Topic: AllCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyFirst AmendmentGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMaritime LawMilitary LawPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky Law Carl E. HOWARD, Petitioner, v. Sam CLINE, et al., Respondents. , D.Kan., November 18, 2009 Carl E. Howard, Hutchinson, KS, pro se. ORDER SAM A. CROW, Senior District Judge. This petition for writ of habeas corpus, 28 U.S.C. § 2254, was dismissed and all relief was denied by order entered July 17, 2009. The petition was found to be second and successive as well as time-barred. The matter is currently before the court upon petitioner's Motion for Reconsideration (Doc. 6). Having considered the motion, the court finds it should be denied. The Tenth Circuit Court of Appeals discus... UNITED STATES of America, Plaintiff, v. Aramis N. HERNANDEZ, Defendant. , D.Kan., November 17, 2009 MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. This case comes before the court on the following motions filed by the defendant: motion to disclose expert testimony (Dk.16); motion for notice of evidence (Dk.18); and motion to dismiss (Dk.19). In its response, the government has stated its lack of objection to the first two motions, thus the court finds them to be moot. The defendant's motion to dismiss alleges solely a violation of the defendant's Sixth Amendment constitutio... Steven R. BURTON, Plaintiff, v. Emalee CONOVER, et al., Defendants. , D.Kan., November 17, 2009 Steven R. Burton, Winfield, KS, pro se. ORDER SAM A. CROW, Senior District Judge. Plaintiff, a prisoner confined in a Kansas correctional facility, proceeds pro se on a civil complaint seeking relief under 42 U.S.C. § 1983. Plaintiff contends he is not getting 60 days of program credit as provided under K.S.A. 21-4722, and claims the Kansas Department of Corrections (KDOC) is unlawfully interpreting that statute. He seeks an award of 60 days program credit on his sentence, that KDOC staff b... Anthony HOOKS, Petitioner, v. Raymond "Ray" ROBERTS, et al., Respondents. , D.Kan., November 17, 2009 Anthony Hooks, El Dorado, KS, pro se. David C. Britton, III, Office of Attorney General, Topeka, KS, for Respondents. MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. Anthony Hooks, a state prisoner, filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He claims (1) his state sentence violated Apprendi v. New Jersey, 530 U.S. 466 (2000) because his criminal history was not submitted to the jury and proved beyond a reasonable doubt; (2) his right to ef... The PARADIGM ALLIANCE, INC., Plaintiff/Counterclaim Defendant, v. CELERITAS TECHNOLOGIES, LLC, and Celeritasworks, LLC, Defendant/Counterclaim Plaintiff, v. Ken Wilkerson, Third Party Defendant. , D.Kan., November 17, 2009 MEMORANDUM AND ORDER ERIC F. MELGREN, District Judge. Plaintiff The Paradigm Alliance, Inc. ("Paradigm") commenced this action as a result of a failed business venture with Defendants Celeritas Technologies, LLC and Celeritasworks, LLC (collectively "Celeritas"). Paradigm produces geographic information systems (GIS) that provide public awareness information for pipeline safety. Utilities and pipeline companies utilize public awareness data to identify those who may be affected by operations ... UNITED STATES of America, Plaintiff, v. Ramiro Gil SANCHEZ, Defendant. , D.Kan., November 16, 2009 Gregory G. Hough, Office of United States Attorney, Topeka, KS, for Plaintiff. MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. This case comes before the court on the defendant Ramiro Sanchez's pretrial motion to suppress all evidence that Shawnee County Sheriff ("SCS")'s deputies seized from his person and from the pickup truck he was driving on April 19, 2007. (Dk.61). The defendant also seeks to suppress all testimony concerning said evidence including testimony on the testi... Mark A. MIMS, Plaintiff, v. State of KANSAS, Defendant. , D.Kan., November 16, 2009 Mark A. Mims, Olathe, KS, pro se. ORDER SAM A. CROW, Senior District Judge. This action was filed pro se, and not on forms, as a civil rights complaint pursuant to 42 U.S.C. § 1983, by an inmate of the Johnson County Adult Detention Center, Olathe, Kansas. The only named defendant is the State of Kansas. Having considered the materials filed the court finds as follows. MOTION TO PROCEED WITHOUT PAYMENT OF FEES Mr. Sims has also filed a motion to proceed without prepayment of the filing f... John D. LUTON, Petitioner, v. Johnnie GODDARD, et al., Respondents. , D.Kan., November 16, 2009 John D. Luton, Ellsworth, KS, pro se. ORDER SAM A. CROW, Senior District Judge. This petition for writ of habeas corpus was filed pursuant to 28 U.S.C. § 2254 by an inmate of the Ellsworth Correctional Facility, Ellsworth, Kansas. Petitioner has also filed an Application to Proceed Without Prepayment of Fees (Doc. 2), and the supporting documents indicate this motion should be granted. Mr. Luton was convicted by a jury in Sedgwick County District Court, Wichita, Kansas of aggravated crim... Lawrence L. KELLY, Plaintiff, v. Mary BOYLES and Topeka Housing Authority, Defendants. , D.Kan., November 16, 2009 Lawrence L. Kelly, Overland Park, KS, pro se. Benoit M.J. Swinnen, Topeka, KS, for Defendants. MEMORANDUM AND ORDER CARLOS MURGUIA, District Judge. Plaintiff Lawrence L. Kelly filed this action pro se and proceeds in forma pauperis. Plaintiff asserted claims arising out of his eviction from his Section 8 residence against defendants Mary Boyles and Topeka Housing Authority ("defendants"). On November 3, 2009, the court denied defendants' first motion to dismiss (Doc. 57). On November 10,... UNITED STATES of America, Plaintiff, v. Daniel MONTGOMERY, Defendant. , D.Kan., November 13, 2009 Leon J. Patton, Sheri P. McCracken, Office of United States Attorney, Kansas City, KS, for Plaintiff. William F. Cummings, Cummings & Cummings, LLC, Wichita, KS, for Defendant. MEMORANDUM AND ORDER KATHRYN H. VRATIL, District Judge. On January 19, 2005, after a two-day trial, a jury found defendant guilty of knowing and intentional possession of 100 or more marijuana plants with intent to distribute in violation of 21 U .S.C. § 841(a)(1) and (b)(1)(B) and 18 U.S.C. § 2. See Doc. # 47. On... David JONES, Plaintiff, v. GREYHOUND LINES, INC., and Ronald Breedlove, Defendants. , D.Kan., November 13, 2009 Andrew D. Silverman, Hochstadt Straws Strauss & Silverman PC, Shari R.L. Willis, Bachus & Schanker, LLC, Denver, CO, for Plaintiff. Paul P. Hasty, Jr., Schmitt, Manz, Swanson & Mulhern, PC, Overland Park, KS, for Defendants. MEMORANDUM AND ORDER DONALD W. BOSTWICK, United States Magistrate Judge. The following motions are pending before the Court: 1. Defendants' Motion to Strike (Doc. 62) regarding Plaintiff's designation of medical experts (Doc. 62-2), Plaintiff's response in opposi... UNITED STATES of America, Plaintiff, v. Albert Lawrence VAUGHAN, Defendant. , D.Kan., November 12, 2009 Gregory G. Hough, Office of United States Attorney, Topeka, KS, for Plaintiff. MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. This matter is before the Court on defendant Albert Vaughan's Motion to Suppress Statement (Doc. 62) and Motion in Limine Regarding Prior Bad Acts (Doc. 44). A hearing was held on October 14, 2009, and testimony was presented. The Court has reviewed the evidence and the parties' submissions and is prepared to rule. For the reasons set forth in detail below, ... UNITED STATES of America, Plaintiff, v. Jermell FERGUSON, Defendant. , D.Kan., November 12, 2009 MEMORANDUM & ORDER JOHN W. LUNGSTRUM, District Judge. In September 2009, the court issued a memorandum and order dismissing Mr. Ferguson's motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. Mr. Ferguson has now moved for a certificate of appealability (Doc. 185). As explained below, the court declines to grant a certificate of appealability (COA). A COA should issue if the applicant has "made a substantial showing of the denial of a constitutional right," 28 ... UNITED STATES of America, Plaintiff, v. F. Jeffrey MILLER, Defendant. , D.Kan., November 12, 2009 MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. On September 10, 2009, the Court issued its Memorandum and Order [FN1] ruling on defendants' various post-trial motions with respect to the forfeiture verdict. The Court granted defendant Miller's request for release of funds from the Country Club Bank account, but for $24,086.23, which was to remain in the account to be forfeited with respect to the Piper aircraft; the remaining funds were from the sale of the aircraft in excess of th... Dennis HOLT, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Kan., November 12, 2009 Teresa M. Meagher, Law Office of Teresa M. Meagher, Leawood, KS, for Plaintiff. Christina L. Medeiros, Office of United States Attorney, Kansas City, KS, for Defendant. ORDER KATHRYN H. VRATIL, District Judge. Dennis Holt appeals the final decision of the Commissioner of Social Security to deny disability insurance benefits and supplemental security income. On October 6, 2009, Magistrate Judge Gerald B. Cohn recommended that the Commissioner's decision be reversed and that this case be r... UNITED STATES of America, Plaintiff, v. Antonio C. CLARK, Defendant. , D.Kan., November 12, 2009 MEMORANDUM AND ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS JULIE A. ROBINSON, District Judge. This matter is before the Court on defendant Antonio Clark's Motion to Suppress (Doc. 10) and Memorandum in Support (Doc. 11), requesting the suppression of evidence, including a gun, seized during a search of a motel room occupied by the defendant, and any derivative evidence, including law enforcement testimony. A suppression hearing was held on October 14, 2009, and testimony was presented. The C... JAYHAWK CAPITAL MANAGEMENT, LLC, et al., Plaintiffs, v. LSB INDUSTRIES, INC., et al., Defendants. , D.Kan., November 10, 2009 Andrew B. Protzman, Tony Shapiro, Shapiro Protzman & McMullin, P.A., Overland Park, KS, John F. Edgar, John M. Edgar, Michael D. Pospisil, Edgar Law Firm, LLC, Kansas City, MO, for Plaintiffs. Bruce Collins, David Anderson, Shelbi Barnhouse, Carrington, Coleman, Sloman & Blumenthal L.L.P., Dallas, TX, J. Michael Grier, Kyle MacArthur Bogdan, Warden Grier P.C., Kansas City, MO, for Defendants. MEMORANDUM AND ORDER ERIC F. MELGREN, District Judge. The Jayhawk Group, a longtime major shareh... Heinz Douglass BRIDGES, Petitioner, v. UNITED STATES of America, et al., Respondents. , D.Kan., November 10, 2009 Heinz Douglass Bridges, Polson, MT, pro se. David D. Plinsky, Thomas G. Luedke, Office of United States Attorney, Topeka, KS, for Respondents. MEMORANDUM AND ORDER RICHARD D. ROGERS, District Judge. Petitioner proceeds pro se on a petition for a writ of habeas corpus under 28 U.S.C. § 2241. Having reviewed the record which included respondents' answer and return, or in the alternative a motion to dismiss, the court finds petitioner is entitled to no relief under § 2241. BACKGROUND AND ... Dennis L. BALDERES, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Kan., November 10, 2009 John L. Brennan, Terri L. Fahrenholtz, Brennan Law Group PA, Wichita, KS, for Plaintiff. Brian D. Sheern, Office of United States Attorney, Wichita, KS, for Defendant. ORDER ADOPTING REPORT AND RECOMMENDATIONS WESLEY E. BROWN, Senior District Judge. Now before the court is the review of the final decision of the Commissioner of Social Security denying Dennis Balderes disability insurance benefits. The matter was referred to the Magistrate Judge for a recommendation and report pursuant to... David SCHWIND, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Kan., November 10, 2009 Nicholas D. Purifoy, Patrick H. Donahue, Western Professional Assoc. Inc., Lawrence, KS, for Plaintiff. Brian D. Sheern, Office of United States Attorney, Wichita, KS, for Defendant. ORDER ADOPTING REPORT AND RECOMMENDATIONS WESLEY E. BROWN, Senior District Judge. Now before the court is the review of the final decision of the Commissioner of Social Security denying David Schwind disability insurance benefits. The matter was referred to the Magistrate Judge for a recommendation and repor... Marian K. PARISE, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Kan., November 10, 2009 MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATION JULIE A. ROBINSON, District Judge. The Commissioner of Social Security denied plaintiff's application for disability insurance benefits and supplemental security income. Plaintiff sought review of the Administrative Law Judge's ("ALJ") decision and the Honorable Gerald B. Cohn issued a Report and Recommendation (Doc. 15) on September 4, 2009, recommending the Commissioner's decision be affirmed. This matter is currently before the Court ... UNITED STATES of America, Plaintiff, v. Rick G.J. PROVOOST, Defendant. , D.Kan., November 10, 2009 Christine E. Kenney, Office of United States Attorney, Topeka, KS, for Plaintiff. MEMORANDUM AND ORDER RICHARD D. ROGERS, District Judge. This matter is presently before the court upon defendant's motion to dismiss. The court has held a hearing on the motion. Following the hearing, both sides submitted additional materials to the court. Having carefully reviewed all of the evidence and argument, the court is now prepared to rule. The defendant is charged with engaging and attempting to e... Robert Ray YOUNG, Plaintiff, v. Elmer DINKEL, Defendant. , D.Kan., November 10, 2009 Eric A. Snider, Jason E. Pepe, Matthew D. Keenan, Shook, Hardy & Bacon LLP, Kansas City, MO, for Plaintiff. Joseph M. Backer, The Backer Law Firm, LLC, Independence, MO, for Defendant. MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. Robert Ray Young initiated this lawsuit to recover damages after he was injured by a vehicle driven by Elmer Dinkel. On August 18, 2009, a jury returned a verdict in favor of Mr. Dinkel, and judgment was entered against Mr. Young. Mr. Young has now fi... WEIGHT LOSS SURGICAL CENTER, LLC, and Weight Loss Healthcare 11 Centers of America, Inc., Plaintiffs, v. Paulette TASCA, Defendant and Third-Party Plaintiff, v. Preferred Benefits Administrator, Inc., Via Christi Health System, Inc., and Via Chri, D.Kan., November 10, 2009 Daniel E. Stuart, Law Office of Daniel E. Stuart, P.A., Leawood, KS, for Plaintiffs. Michael J. Shultz, Shultz Law Office, P.A., Wichita, KS, for Defendant. M. Duane Coyle, David E. Rogers, Foulston Siefkin LLP, Wichita, KS, for Third-Party Defendants. MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. Plaintiffs Weight Loss Surgical Center, LLC and Weight Loss Healthcare Centers of America, Inc. (collectively, "plaintiffs") filed a state court petition against Paulette Tasca seekin... In re CESSNA 208 SERIES AIRCRAFT PRODUCTS LIABILITY LITIGATION. (This Document Relates To All Cases). , D.Kan., November 9, 2009 MEMORANDUM AND ORDER KATHRYN H. VRATIL, District Judge. Plaintiffs have filed suit against Cessna Aircraft Company and Goodrich Corporation seeking damages for personal injuries and wrongful death arising from various air disasters involving the Cessna 208 Series ("C208") aircraft. [FN1] The Judicial Panel on Multidistrict Litigation ("MDL Panel") transferred the various actions to this Court for consolidated pretrial proceedings. This matter is before the Court on Cessna Aircraft Company's ... UNITED STATES of America, Plaintiff, v. Herman RANSOM, Defendant. , D.Kan., November 9, 2009 Tristram W. Hunt, Office of United States Attorney, Kansas City, KS, for Plaintiff. MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. Herman Ransom was indicted in May 2009 for wire fraud, in violation of 18 U.S.C. § 1343, and for theft of public money, in violation of 18 U.S.C. § 641. In July 2009, Mr. Ransom filed a motion to dismiss the indictment for failure to state an offense as to all alleged counts. (Doc. # 7) In his motion to dismiss, Mr. Ransom asserts that the government c... UNITED STATES of America, Plaintiff, v. Byron Ronaldo RODRIGUEZ HERNANDEZ, Defendant. , D.Kan., November 6, 2009 David P. Zabel, Office of United States Attorney, Kansas City, KS, for Plaintiff. MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. In April 2008, Byron Rodriguez-Hernandez was indicted for illegally re- entering the United States after having been deported subsequent to a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). [FN1] On September 8, 2008, Mr. Rodriguez-Hernandez pled guilty to the offense and was consequently sentenced to a 57-month term of... Gerardo JUAREZ-LOZANO, Petitioner, v. Claude CHESTER, Warden, et al., Respondents. , D.Kan., November 6, 2009 Gerardo Juarez-Lozano, Leavenworth, KS, pro se. ORDER RICHARD D. ROGERS, District Judge. This matter is before the court upon petitioner's Motion to Alter and Amend Judgment pursuant to Rule 59(e) of the Federal Rules of Civil Procedure (Doc. 8). Petitioner has also filed a Notice of Appeal (Doc. 5) [FN1], and Motion to Proceed Without Prepayment of Fees (Doc. 6). Having considered these matters, the court finds as follows. FN1. Since Mr. Juarez-Lozano is not a state prisoner, this... NORTHERN NATURAL GAS COMPANY, Plaintiff, v. L.D. DRILLING, INC., Val Energy, Inc., and Nash Oil & Gas, Inc., Defendants. , D.Kan., November 6, 2009 Alan L. Rupe, Richard Allen Olmstead, Kutak Rock LLP, Wichita, KS, Corey A. Neller, Mark D. Coldiron, Paula M. Jantzen, Phillip G. Whaley, Stephen Lee Jantzen, Ryan Whaley Coldiron Shandy PC, Oklahoma City, OK, for Plaintiff. Charles R. Curran, Jim H. Goering, Timothy B. Mustaine, Foulston Siefkin LLP, Clinton M. Goos, Jeffery L. Carmichael, Will B. Wohlford, Morris, Laing, Evans, Brock & Kennedy, Chtd., Wichita, KS, for Defendants. Memorandum and Order WESLEY E. BROWN, Senior District Jud... ED TOBERGATE ASSOCIATES COMPANY, d/b/a Gear 2000, Plaintiff, v. RUSSELL BRANDS, LLC, Defendant. , D.Kan., November 5, 2009 Ginnie C. Derusseau, Erickson Kernell Derusseau & Kleypas, LLC, Overland Park, KS, James J. Kernell, Erickson Kernell Derusseau & Kleypas, LLC, Kansas City, MO, John P. Passarelli, Stephen J. Pedersen, Kutak Rock LLP, Omaha, NE, for Plaintiff. Edward J. Everitt, Joel M. Kuehnert, Nathan W. Johnson, Paul M. Sykes, Bradley Arant Boult Cummings LLP, Birmingham, AL, Richard P. Stitt, Polsinelli Shughart PC, Overland Park, KS, Russell S. Jones, Jr., Polsinelli Shughart PC, Kansas City, MO, for Def... KANSAS PENN GAMING, LLC, Plaintiff, v. HV PROPERTIES OF KANSAS, LLC, Defendant. HV Properties of Kansas, LLC, Plaintiff, v. Penn National Gaming, Inc., Defendant. , D.Kan., November 5, 2009 Christopher Tayback, Daniel C. Posner, Quinn Emanuel Urquhart Oliver & Hedges, LLP, Los Angeles, CA, Daniel B. Hodes, William D. Beil, Rouse Hendricks German May, PC, Kansas City, MO, Stephen W. Cavanaugh, Cavanaugh, & Lemon, PA, Topeka, KS, for Plaintiff. Andrew W. Muller, C. Brooks Wood, Stinson Morrison Hecker LLP, Kansas City, MO, William M. Modrcin, Johnston, Ballweg & Tuley, L.C., Overland Park, KS, for Defendant. MEMORANDUM AND ORDER K. GARY SEBELIUS, United States Magistrate Judge. ... UNITED STATES of America, Plaintiff, v. Cesar GONZALEZ-BARRANDEY, Defendant. , D.Kan., November 5, 2009 Terra D. Morehead, Office of United States Attorney, Kansas City, KS, for Plaintiff. ORDER CARLOS MURGUIA, District Judge. This case is before the court on defendant Cesar Barrandey's pro se Motion for Sentencing Adjustment (Doc. 61). For the reasons that follow, the court denies the motion. On August 12, 2008, defendant pleaded guilty to Count 2 of a three-count indictment pursuant to a plea agreement. In exchange for his guilty plea, the government agreed to dismiss the remaining charg... Melanie MEISTER, Mother and Natural parent of minor S.R., minor A.R., minor A.C., Plaintiff, v. KANSAS CITY, Kansas Housing Authority, Defendant. , D.Kan., November 5, 2009 Melanie Meister, Kansas City, KS, pro se. ORDER JAMES P. O'HARA, United States Magistrate Judge. This matter comes before the court on the motion of the pro se plaintiff, Melanie Meister, asking for reconsideration of an earlier order denying her motion to appoint counsel. (doc. 13). Plaintiff's instant motion, although titled "OBJECTION" and docketed by the clerk as a motion for review, asks the undersigned to reconsider an earlier order. The court has therefore construed plaintiff's motio... Robert Clarence ADAMS, Petitioner, v. Duke TERRELL, et al., Respondents. , D.Kan., November 4, 2009 Robert Clarence Adams, Springfield, MO, pro se. David D. Plinsky, Office of United States Attorney, Topeka, KS, for Respondent. MEMORANDUM AND ORDER RICHARD D. ROGERS, District Judge. Petitioner proceeds pro se and in forma pauperis on a pleading construed by the court as seeking habeas corpus relief under 28 U.S.C. § 2241. Having reviewed the record, the court denies the petition. BACKGROUND AND CLAIMS Petitioner initiated this action while incarcerated at the United States Peniten... Melissa B. DeMARSH, Plaintiff, v. TORNADO INNOVATIONS, L.P., d/b/a The Right One, Defendant. , D.Kan., November 4, 2009 Brad K. Kavanaugh, Brett A. Davis, Michael S. Ketchmark, Davis Ketchmark & McCreight, P.C., Kansas City, MO, for Plaintiff. ORDER JOHN W. LUNGSTRUM, District Judge. On October 15, 2009, the Honorable Gerald L. Rushfelt, Magistrate Judge issued a Report and Recommendation concerning plaintiff's Motion for Default Judgment (Doc. 21). The time for filing objections to the Report and Recommendation has passed and to date no objections have been filed. The court finds that the Report and Recomme... UNITED STATES of America, Plaintiff, v. Carl L. LESTER, Defendant. , D.Kan., November 4, 2009 Thomas W. Bartee, Office of Federal Public Defender, Topeka, KS, for Defendant. Duston J. Slinkard, Office of United States Attorney, Topeka, KS, for Plaintiff. MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. The case comes before the court on the defendant's motion to dismiss (Dk.14) count two of the indictment that charges him with possessing firearms in furtherance of a drug trafficking crime (count one-possession of methamphetamine with intent to distribute) in violatio... Martin Wade GODFREY, Plaintiff, v. ST. FRANCIS HOSPITAL, et al., Defendants. , D.Kan., November 4, 2009 Karen A. Eager, Topeka, KS, for Plaintiff. Thomas L. Theis, Foulston Siefkin LLP, Topeka, KS, Michael T. Jilka, Holbrook & Osborn, PA, Overland Park, KS, Eldon L. Boisseau, Law Offices of Eldon L. Boisseau, Wichita, KS, for Defendants. MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. This case comes before the court on motions to dismiss for lack of subject matter jurisdiction by defendants St. Francis Health Center and Joseph E. Mumford, pursuant to Fed. R. Civ. Pro. 12(b)(1... UNITED STATES of America, Plaintiff, v. Michael BIGLOW, et al., Defendants. , D.Kan., November 4, 2009 MEMORANDUM AND ORDER MONTI L. BELOT, District Judge. This case comes before the court on the government's motion to dismiss the indictment, without prejudice. (Doc. 575). The court held a status conference on October 30 at which the government's motion was discussed. The court informed all counsel that any objections pertaining to the motion must be filed by November 2. Defendants James Black, Robert Dear, Tyrone Andrews, Clifton Parks and Jerry Newton have objected to the government's motion... UNITED STATES DISTRICT COURT, Plaintiff, v. Lamonte EPHRIAM, Defendant. , D.Kan., November 4, 2009 Trent M. Krug, Office of United States Attorney, Kansas City, KS, for Plaintiff. MEMORANDUM AND ORDER MONTI L. BELOT, District Judge. On November 2, 2009 the court heard the motion to withdraw of David H. Moses, appointed counsel for defendant (Doc. 56). For the following reasons, counsel's motion is denied. Defendant is charged in an indictment filed September 11, 2008 with a violation of 21 U.S.C. § 860(a) and 2 (Doc. 1). Defendant was arrested on March 3, 2009 and counsel was appointe... SOCIETY OF PROFESSIONAL ENGINEERING EMPLOYEES IN AEROSPACE, IFPTE LOCAL 2001, AFL-CIO, et al., Plaintiffs, v. The BOEING COMPANY, Defendant. David A. Harkness, on behalf of himself and all others similarly situated, et al., Plaintiffs, v. The Bo, D.Kan., November 3, 2009 MEMORANDUM AND ORDER KAREN M. HUMPHREYS, United States Magistrate Judge. This matter is before the court on the following motions: 1. Plaintiffs' Motion to Compel "Legal" Documents (Doc. 227); 2. Plaintiffs' Motion to Compel Bargaining Documents (Doc. 229); 3. Boeing's Motion for a Protective Order (Doc. 233); 4. Boeing's Motion for a Protective Order (Doc. 237); 5. Plaintiffs' Motion to Amend the Scheduling Order (Doc. 263); 6. Boeing's Motion for a Protective Order (Doc... CAPITAL SOLUTIONS, LLC, Plaintiff, v. KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC., et al., Defendants. Bank of Oklahoma, N.A., a/k/a Bank of Oklahoma National Association, Plaintiff, v. Capital Solutions, LLC, et al., Defendants. , D.Kan., November 3, 2009 Luther O. Sutter, Harrill & Sutter PLLC, Benton, AR, Talia B. Ravis, Law Office of Talia Ravis, Leawood, KS, Amii N. Castle, Paulette F. Hutnick, Douthit, Frets, Rouse, Gentile & Rhodes, LLC, Kansas City, MO, Dustin J. Vanderhoof, Paul Demuro, Frederick Dowart, Lawyers, Tulsa, OK, for Plaintiffs. Brent N. Coverdale, Seyferth Blumenthal & Harris LLC, Kansas City, MO, E. Evans Wohlforth, Jr., H. John Schank, II, Gibbons, PC, Newark, NJ, Talia B. Ravis, Law Office of Talia Ravis, Leawood, KS, J... Sylvester HENRY, Plaintiff, v. Johnnie GODDARD, et al., Defendants. , D.Kan., November 3, 2009 Sylvester Henry, Wichita, KS, pro se. MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. This civil rights complaint, 42 U.S.C. § 1983, was filed by plaintiff while he was an inmate of the Winfield Correctional Facility, Winfield, Kansas (WCF). Having examined the materials filed, the court finds as follows [FN1]. Two people are named as defendants: Johnny Goddard, Warden, Ellsworth Correctional Facility (ECF); and Walker, Head Nurse, ECF Correct Care Solutions. FN1. Mr. Henr... Lawrence L. KELLY, Plaintiff, v. Mary BOYLES, Topeka Housing Authority, and Oakwood/Monterey, L.P., d/b/a Oakwood Manor Apartments, Defendants. , D.Kan., November 3, 2009 Lawrence L. Kelly, Overland Park, KS, pro se. Benoit M.J. Swinnen, Topeka, KS, Charles R. Curran, Shannon D. Wead, Foulston Siefkin LLP, Wichita, KS, for Defendants. MEMORANDUM AND ORDER CARLOS MURGUIA, District Judge. Plaintiff Lawrence L. Kelly filed this action pro se and proceeds in forma pauperis. Plaintiff asserted claims arising out of his eviction from his Section 8 residence against defendants Mary Boyles, Topeka Housing Authority ("THA"), and Oakwood Manor Apartments. [FN1] Thi... UNITED STATES of America, Plaintiff, v. Kevin X. FRATER, Defendant. , D.Kan., November 2, 2009 Anthony W. Mattivi, Office of United States Attorney, Topeka, KS, for Plaintiff. MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. The case comes before the court on the defendant's motion to review (Dk.121) the magistrate judge's order of detention (Dk.120). The magistrate judge conducted a detention hearing on October 21, 2009, pursuant to 18 U.S.C. § 3142(f). After considering the parties' evidence, proffers and arguments, he entered an order of detention on the same day. (Dk... MUTUAL OF OMAHA INSURANCE CO., Plaintiff, v. Jesus RODRIGUEZ, Defendant. , D.Kan., November 2, 2009 Maureen A. Walterbach, Robert J. Hoffman, Bryan Cave LLP - KC, Kansas City, MO, for Plaintiff. Henri J. Watson, Joseph P. Masterson, Watson & Dameron, LLP, Kansas City, MO, for Defendant. MEMORANDUM AND ORDER ERIC F. MELGREN, District Judge. This is a declaratory judgment case that arises from an event that occurred on August 29, 2006. On that day, while en route to a school-sponsored soccer game, Jesus Rodriguez suffered life-altering injuries when the pickup he was riding in collided w... Robert JACKMAN, Individually as surviving heir at law of Tina Jackman, deceased, and Robert Jackman, as Personal Representative of the Estate of Tina Jackman, Plaintiffs, v. SELECT SPECIALITY HOSPITAL-KANSAS CITY, INC., and Select Medical Corpora, D.Kan., November 2, 2009 MEMORANDUM AND ORDER ERIC F. MELGREN, District Judge. The issue before the Court is whether Defendant Select Medical Corporation has timely removed this action. Plaintiffs filed their initial petition in state court on January 11, 2008 against one non-diverse defendant. On October 29, 2008, Plaintiffs filed an amended petition adding Select Medical Corporation ("SMC"), a diverse defendant. On June 5, 2009, Plaintiffs and the non-diverse Defendant entered into a settlement resulting in the non... UNITED STATES of America, Plaintiff, v. Montgomery Carl AKERS, Defendant. , D.Kan., October 30, 2009 MEMORANDUM AND ORDER KATHRYN H. VRATIL, District Judge. This mater is before the Court on Defendant's Renewed Motion To Recuse United States District Judge Kathryn H. Vratil From The Case Under 28 U.S.C. § 455 (Doc. # 325) filed September 21, 2009; Defendant's Motion For Extension Of Time in Order To File Motion For Reconsideration Pursuant To Fed.R.Civ.P. 59(e) (Doc. # 324) filed September 16, 2009; Defendant's Pro Se Motion To Vacate The Date For His Motion For Reconsideration Under Fed.R.C... Gregory Lynn GALES, Plaintiff, v. J. Byron MEEKS, et al., Defendants. , D.Kan., October 30, 2009 Gregory Lynn Gales, Hutchinson, KS, pro se. ORDER SAM A. CROW, Senior District Judge. This action was filed as a civil rights complaint, 42 U.S.C. § 1983, by an inmate of the Hutchinson Correctional Facility. Plaintiff paid an initial partial filing fee, and his motion to proceed without prepayment of fees was granted [FN1]. FN1. Plaintiff is reminded that pursuant to 28 U.S.C. § 1915(b)(1), he remains obligated to pay the remainder of the $350.00 district court filing fee in this ... UNITED STATES of America, Plaintiff, v. Antonio BENNETT, Defendant. , D.Kan., October 30, 2009 Kim I. Martin, Office of United States Attorney, Kansas City, KS, for Plaintiff. ORDER KATHRYN H. VRATIL, District Judge. This matter is before the Court on defendant's letter (Doc. # 716) which the Court received on September 30, 2009, and construes as a motion for copies of transcripts. For reasons stated below, the Court overrules defendant's motion. Initially, the Court overrules defendant's motion because defendant is represented by counsel. See United States v. Sandoval-DeLao, 283 ... Marsha SCOTT and Vicki Hargis, individually and on behalf of similarly situated persons, Plaintiffs, v. RAUDIN MCCORMICK, INC. et al., Defendants. , D.Kan., October 30, 2009 Joseph H. Cassell, Nicholas R. Grillot, Redmond & Nazar, L.L.P., Wichita, KS, Terry D. Smith, Wellington, KS, for Plaintiffs. Charles E. Millsap, Stephen E. Robison, Fleeson, Gooing, Coulson & Kitch, LLC, Wichita, KS, David P. Callet, Michael J. Quartarone, Ronald W. Kleinman, Greenberg Traurig LLP, Washington, DC, for Defendants. MEMORANDUM AND ORDER ERIC F. MELGREN, District Judge. This action comes before the Court on Plaintiffs' claims of unpaid wages and overtime in violation of bot... Brian K. ADAMS and Traci R. Martens, Plaintiffs, v. ENTERCOM KANSAS CITY, LLC, Defendant. , D.Kan., October 30, 2009 Brian W. Costello, Costello, Davey & Fera, LLC, Kansas City, MO, for Plaintiffs. Michael L. Matula, Sara B. Anthony, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Kansas City, MO, for Defendant. MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. Plaintiffs Brian K. Adams and Traci R. Martens filed suit against their former employer, Entercom Kansas City, LLC, alleging various claims arising out of the termination of their employment with Entercom. This matter comes before the cour... Fernando GARCIA, Petitioner, v. COMMANDANT, UNITED STATES DISCIPLINARY BARRACKS, et al., Respondents. , D.Kan., October 29, 2009 Fernando Garcia, Kansas City, MO, pro se. Jackie A. Rapstine, Thomas G. Luedke, Office of United States Attorney, Topeka, KS, for Respondents. MEMORANDUM AND ORDER RICHARD D. ROGERS, District Judge. Petitioner proceeds pro se on a petition for a writ of habeas corpus under 28 U.S.C. § 2241. Having reviewed the record which includes petitioner's supplemental memorandum, respondents' answer and return and petitioner's traverse, the court denies the petition. [FN1] FN1. Petitioner initiated... The PARADIGM ALLIANCE, INC., Plaintiff/Counterclaim Defendant, v. CELERITAS TECHNOLOGIES, LLC, and Celeritasworks, LLC, Defendant/Counterclaim Plaintiff, v. Ken Wilkerson, Third Party Defendant. , D.Kan., October 29, 2009 Brian P. Baggott, Michael S. Cargnel, William R. Sampson, Shook, Hardy & Bacon LLP, Kansas City, MO, Kurt A. Harper, Sherwood, Harper, Dakan, Unruh & Pratt, LC, Wichita, KS, for Plaintiff/Counterclaim Defendant. David R. Barnard, James Moloney, Jason C. Parks, Justin M. Nichols, Lathrop & Gage, LLP, Kansas City, MO, Jack A.J. Focht, Foulston Siefkin LLP, Wichita, KS, for Defendant/Counterclaim Plaintiff. Mark D. Katz, Steven F. Coronado, Sherman Taff Bangert Thomas & Coronado, P.C., Kansas... Sylvester HENRY, Plaintiff, v. Richard FOGLE, Defendant. , D.Kan., October 28, 2009 Sylvester Henry, Wichita, KS, pro se. ORDER SAM A. CROW, Senior District Judge. This civil rights complaint, 42 U.S.C. § 1983, was filed by plaintiff while he was an inmate of the Winfield Correctional Facility, Winfield, Kansas (WCF). Having examined the materials filed, the court finds as follows [FN1]. FN1. Mr. Henry attempted to bring this action once before, but the case was dismissed without prejudice for lack of prosecution and due to his failure to keep the court apprised o... Bruce A. CURTIS, Petitioner, v. Claude CHESTER, et al., Respondents. , D.Kan., October 28, 2009 Bruce A. Curtis, Butner, NC, pro se. Jackie A. Rapstine, Office of United States Attorney, Topeka, KS, for Respondents. MEMORANDUM AND ORDER RICHARD D. ROGERS, District Judge. Petitioner proceeds pro se on a petition for writ of habeas corpus under 28 U.S.C. § 2241. Having reviewed the record, the court finds this matter is ready for decision and denies the petition. BACKGROUND AND CLAIMS The United States District Court for the Eastern District of California sentenced petitioner to a ... James BANKS, Petitioner, v. UNITED STATES of America, et al., Respondents. , D.Kan., October 28, 2009 ORDER RICHARD D. ROGERS, District Judge. This matter is before the court on a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 filed while petitioner was incarcerated in the United States Disciplinary Barracks in Leavenworth, Kansas. Having examined the materials filed in this case, the court enters the following order. BACKGROUND Petitioner was convicted in 2003 by general court-martial on charges of committing carnal knowledge with his daughter under the age of twelve, i... Timothy BAYLISS, Petitioner, v. James W. GRAY, Respondent. , D.Kan., October 28, 2009 Timothy Bayliss, Fort Leavenworth, KS, pro se. David D. Plinsky, Office of United States Attorney, Topeka, KS, for Respondent. ORDER RICHARD D. ROGERS, District Judge. This matter is before the court on a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 filed while petitioner was incarcerated in the United States Disciplinary Barracks in Leavenworth, Kansas. Having examined the materials filed in this case, the court enters the following order. BACKGROUND Contrary to ... Gregory LONGMYER, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Kan., October 28, 2009 Geraldine Mims, Mims Law Office, LLC, Raytown, MO, for Plaintiff. David D. Zimmerman, Office of United States Attorney, Kansas City, KS, for Defendant. ORDER CARLOS MURGUIA, District Judge. On October 13, 2009, United States Magistrate Judge Gerald B. Cohn issued his Report and Recommendation in the above-captioned matter. The time for filing objections to the Report and Recommendation has come and gone and no objections have been filed. The court has reviewed the thorough Report and ... Shelley STONE, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , D.Kan., October 28, 2009 Nicholas D. Purifoy, Patrick H. Donahue, Western Professional Assoc. Inc., Lawrence, KS, for Plaintiff. Christina L. Medeiros, Office of United States Attorney, Kansas City, KS, for Defendant. ORDER CARLOS MURGUIA, District Judge. On September 24, 2009, United States Magistrate Judge Gerald B. Cohn issued his Report and Recommendation in the above-captioned matter. The time for filing objections to the Report and Recommendation has come and gone and no objections have been filed. The ... UNITED STATES of America, Plaintiff, v. Ronald Eugene CHARLES, Jr., Defendant. , D.Kan., October 27, 2009 Randy M. Hendershot, Office of United States Attorney, Topeka, KS, for Plaintiff. MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. The defendant pleaded guilty to a single-count indictment charging felony possession of a firearm. The Presentence Investigation Report ("PSR") recommended a guideline sentencing range of 57 to 71 months based in part on U.S.S.G. § 2K2.1 (a)(2), namely that this offense was after two felony convictions, one for a crime of violence and one for a contr... Pearce CARTER, Plaintiff, v. UNITED STATES of America, Defendant. , D.Kan., October 27, 2009 Pantaleon Florez, Jr., Topeka, KS, for Plaintiff. D. Brad Bailey, Office of United States Attorney, Topeka, KS, for Defendant. MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. This matter is before the Court on defendant's Partial Motion to Dismiss, or in the Alternative, Limit Ad Damnum (Doc. 20) and defendant's Second, or Supplemental, Motion to Reduce Ad Damnum (Doc. 24). The Court has reviewed the parties' submissions and is prepared to rule. For the reasons set forth in detai... John Waldo JONES, Plaintiff, v. Paul FELICIANO, et al., Defendants. , D.Kan., October 27, 2009 John Waldo Jones, Hutchinson, KS, pro se. MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. This civil rights complaint was filed pursuant to 42 U.S.C. § 1983 by an inmate of the Hutchinson Correctional Facility, Hutchinson, Kansas. Plaintiff sues members of the Kansas Parole Board (KPB) in their individual and official capacities for alleged violations during state parole proceedings that took place between July 2005 through May 2009 [FN1]. FN1. The following allegations ar... Anthony L. DAVIS, Plaintiff, v. Sam A. CROW, Defendant. , D.Kan., October 27, 2009 Anthony L. Davis, Hutchinson, KS, pro se. ORDER RICHARD D. ROGERS, District Judge. By an order and judgment entered on September 30, 2009, the court dismissed plaintiff's civil complaint titled as an "Application for Judgment for Costs" without prejudice pursuant to 28 U.S.C. § 1915(g) and plaintiff's failure to pay the $350.00 district court filing fee. On October 7, 2009, the court denied plaintiff's motion for reconsideration, which the court treated as a timely filed motion to alter and... Alex Huaqiang LEO, Plaintiff, v. GARMIN INTERNATIONAL, INC., Defendant. , D.Kan., October 26, 2009 Alex Huaqiang Leo, Olathe, KS, pro se. Kerri S. Reisdorff, Constangy, Brooks & Smith, LLP, Kansas City, MO, for Defendant. ORDER JAMES P. O'HARA, United States Magistrate Judge. This employment discrimination case comes before the court on pro se plaintiff Alex Huaqiang Leo's motion for the court to accept documents produced by the Equal Employment Opportunity Commission (EEOC) (doc. 80) and separate motion for the issuance of subpoenas (doc. 81). In plaintiff's motion for the court to a... SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Michael J. McNAUL, II, et al., Defendants, Consolidated Management Group, LLC, et al, Relief, Defendants. , D.Kan., October 26, 2009 David B. Reece, Stephen Webster, Toby Michael Galloway, U. S. Securities & Exchange Commission, Fort Worth, TX, Edward J. Nazar, Redmond & Nazar, L.L.P., Wichita, KS, for Plaintiff. Mark G. Ayesh, Ray E. Simmons, Ayesh Law Offices, Randall K. Rathbun, Depew Gillen Rathbun & McInteer, LC, David H. Moses, Case, Moses, Zimmerman & Martin, PA, Aaron K. Johnstun, Edward J. Nazar, Jeffrey W. Rockett, Martin R. Ufford, Nicholas R. Grillot, W. Thomas Gilman, Redmond & Nazar, L.L.P., Christopher A. Mc... K.R. SMITH TRUCKING, LLC, Plaintiff, v. PACCAR, INC. and Peterbilt Motors Company, a division of Paccar, Inc., and Western Peterbilt, Inc., Defendant. , D.Kan., October 23, 2009 Eldon L. Boisseau, Law Offices of Eldon L. Boisseau, Wichita, KS, for Plaintiff. Amy M. Decker, Kenneth R. Lang, Matthew K. Holcomb, Hinkle Elkouri Law Firm LLC, Patrick J. Murphy, Wallace Saunders Austin Brown & Enochs Chartered, Wichita, KS, for Defendant. MEMORANDUM AND ORDER WESLEY E. BROWN, Senior District Judge. Before the court is the defendants' PACCAR Inc. and Peterbilt Motors Company Motion to Dismiss (Doc. 12), and defendant Western Peterbilt, Inc Partial Motion to Dismiss (Do... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com