U.S. District Courts - Kentucky ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationFinance & BankingGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMilitary LawPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTaxationTransportation Susan JOHNSON and Kevin Johnson, as Co-Administrators of the Estate of A.J., deceased, and Susan Johnson, individually and Kevin Johnson, individually, Plaintiffs v. BAD BOY ENTERPRISES, LLC, d/b/a Bad Boy Buggies, Defendant. , W.D.Ky., November 19, 2009 Fabrice N. Vincent, Lieff Cabraser Heimann and Bernstein, San Francisco, CA, H. Philip Grossman, Jennifer A. Moore, Grossman & Moore, PLLC, Louisville, KY, For Louisville, KY, Plaintiffs. Richard L. Walter, Boehl Stopher & Graves, LLP, Paducah, KY, for Defendant. MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Defendant's Motion for Partial Judgment on the Pleadings (Docket # 16). Plaintiffs have responded (Docket # 19). Defendant has not... MADISON CAPITAL CO., LLC, Plaintiff v. Connie SMITH, Timothy Smith, and American Mining & Manufacturing Corp., Defendants. , W.D.Ky., November 18, 2009 Brian H. Meldrum, Gregory P. Parsons, Laura M. Bennett, William R. Meyer, II, Charles J. Cronan, IV, Stites & Harbison, PLLC, Louisville, KY, for Plaintiff. Mark J. Sandlin, Charles D. Greenwell, Robert W. Dewees, III, Goldberg & Simpson, LLC, Louisville, KY, for Defendants. MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. This case involves a debt owed to Madison Capital Co., LLC ("Madison Capital"), and who is responsible for paying it. In short, Timothy Smith owned a ... Herbert R. SMITH, Plaintiff v. John D. REES et al., Defendants. , W.D.Ky., November 18, 2009 Herbert R. Smith, Ashland, KY, pro se. John C. Cummings, Kentucky Justice & Public Safety Cabinet, Frankfort, KY, for Defendants. MEMORANDUM AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court on two motions filed by Plaintiff--his motion to reconsider this Court's denial of his motion for preliminary injunctive relief (DN 33) and his motion for emergency relief (DN 42). Each is addressed below. I. Motion for reconsideration Plaintiff previously filed a motion for... Rickey Bernard JONES, Plaintiff v. KENTUCKY DEPARTMENT OF CORRECTIONS et al., Defendants. , W.D.Ky., November 18, 2009 MEMORANDUM OPINION THOMAS B. RUSSELL, Chief Judge. This matter is before the Court on initial review of the complaint (DN 1) and amended complaint (DN 51) pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir.1997). For the reasons that follow, a portion of the claims will be dismissed and the others will continue. I. Plaintiff, a convicted inmate currently incarcerated in the Kentucky State Penitentiary ("KSP"), filed a pro se complaint against several Defendants... OHIO RIVER TRADING CO., INC., Plaintiff v. CSX TRANSPORTATION, INC., Defendant. , W.D.Ky., November 17, 2009 Kenneth W. Humphries, Hopkinsville, KY, for Plaintiff. Edward H. Stopher, Jeffrey W. Adamson, Boehl Stopher & Graves, LLP, Louisville, KY, for Defendant. MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., District Judge. This matter is before the Court upon a motion by the plaintiff, Ohio River Trading Co. Inc. ("Ohio River"), for a mandatory preliminary injunction [DN 1 [FN1]]. Also before the Court is the plaintiff's motion for extension of time to file the affidavit of Greg Gould ... Donald E. JOHNSON, Plaintiff v. PRISON HEALTH SERVICES, INC., Louisville Metro Government and Tom Campbell, Defendants. , W.D.Ky., November 17, 2009 MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. Originally, this action was brought by multiple plaintiffs regarding the care they received while in the custody of Louisville Metro Government Corrections. Specifically, Plaintiffs alleged that they contracted methicillin- resistant staphylococcus aureus ("MRSA") as a result of inadequate care provided by Defendants. A series of dismissals have narrowed the case to only one plaintiff, Donald Johnson, and three defendants, Pris... David Michael BEST, Plaintiff v. BEST BUY, INC., Defendant. , W.D.Ky., November 17, 2009 MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. Plaintiff David Best, who is proceeding pro se, brought this lawsuit in Hardin County (Kentucky) Circuit Court alleging his former employer, Defendant Best Buy, Inc., wrongfully terminated him. According to Plaintiff, Defendant falsely suspected him of stealing checks from Defendant's customers. Because there was no evidence of the alleged theft, Plaintiff contends that he was wrongfully terminated in violation of state and fed... Candice BUCK, Plaintiff v. O'CHARLEY'S RESTAURANT PROPERTIES, LLC and Eric Maye, Defendants. , W.D.Ky., November 17, 2009 Andrew K. Gailor, Gailor Law Office, PLLC, Louisville, KY, for Plaintiff. Karen M. Paulin, Shannon Antle Hamilton, Stites & Harbison, PLLC, Louisville, KY, for Defendants. MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN II, District Judge. Plaintiff, Candice Buck, brought this action claiming she was sexually harassed by her immediate supervisor, Eric Maye, while working as a waitress for Defendant, O'Charley's Restaurant Properties, LLC ("O'Charley's"). There are several motions before the... Maurice CUTTINO, Plaintiff v. UNITED STATES of America et al., Defendants. , W.D.Ky., November 17, 2009 Maurice Cuttino, Louisville, KY, pro se. MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. This pro se action was brought by Plaintiff Maurice Cuttino. [FN1] Plaintiff also filed an application to proceed without prepayment of fees. IT IS ORDERED that the application to proceed without prepayment of fees (DN 2) is GRANTED. Since Plaintiff is proceeding in forma pauperis, this Court must review the instant action pursuant to 28 U.S.C. § 1915(e) and McGore v. Wrigglesworth, 11... Commonwealth of KENTUCKY, Respondent/Plaintiff v. Juan Pelegrin VIDAL, Petitioner/Defendant. , W.D.Ky., November 17, 2009 Juan Pelegrin Vidal, Lagrange, KY, pro se. Bryan D. Morrow, Kentucky Attorney General-Office of Criminal Appeals, Frankfort, KY, for Petitioner/Defendant. MEMORANDUM OPINION JENNIFER B. COFFMAN, District Judge. The petitioner, Juan Pelegrin Vidal, filed a pro se notice of petition for injunction and/or removal. This matter is before the court on preliminary review of the complaint pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir.1997). For the reasons that... VENTAS, INC., Plaintiff v. HCP, INC., Defendant. , W.D.Ky., November 17, 2009 MEMORANDUM OPINION JOHN G. HEYBURN, II, District Judge. The parties expertly tried this case to a jury for nearly three weeks and that jury returned a significant verdict in favor of Plaintiff, Ventas, Inc. Specifically, the jury found that Plaintiff, which had entered a deal subject to unitholder approval to purchase Sunrise REIT, a healthcare real estate investment trust, for $15 per unit, had a valid expectation that deal would be approved and that Defendant, HCP, Inc., acted in a signific... Glen BEARD, Petitioner v. John MOTLEY, Warden, Respondent. , W.D.Ky., November 16, 2009 Glen Beard, La Grange, KY, pro se. MEMORANDUM OPINION JOHN G. HEYBURN II, District Judge. This matter is before the Court on the pro se Petitioner, Glen Beard's response to a show cause order because he has filed this habeas petition, under 28 U.S.C. § 2254, outside the limitation period. The Court concludes the petition should be dismissed sua sponte as time-barred because Petitioner's circumstances do not warrant equitably tolling the limitation period. I. The Jefferson Circuit Court en... G.C. III, et al., Plaintiffs v. OWENSBORO PUBLIC SCHOOLS, et al., Defendants. , W.D.Ky., November 16, 2009 Edward E. Dove, Lexington, KY, for Plaintiffs. MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., District Judge. This matter is before the Court on a motion by Plaintiff, G.C. III, by and through his parents, G.C. II and B.C., for a preliminary injunction [DN 6]. [FN1] This case challenges the removal of a nonresident student from Owensboro Public Schools by the Superintendent without a formal hearing in front of the Board of Education. On November 13, 2009, the Court held a hearing on... Jerry Lane WOOTEN, Petitioner v. E.K. CAULEY, Warden, Respondent. , E.D.Ky., November 16, 2009 Jerry Lane Wooten, Ashland Inmate Mail, Ashland, KY, pro se. MEMORANDUM OPINION AND ORDER HENRY R. WILHOIT, JR., District Judge. Jerry Lane Wooten, who is confined in the Federal Correctional Institution located in Ashland, Kentucky, has filed a pro se Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. Wooten has paid the District Court filing fee of $5.00 [Record No. 4]. [FN1] FN1. Wooten has paid the $5.00 filing fee. The Order denying Wooten in forma pauperis status and ordering ... Judith DONAWAY, et al., Plaintiffs v. ROHM AND HAAS CO., Louisville Plant, Defendant. , W.D.Ky., November 16, 2009 Mark K. Gray, Matthew L. White, Franklin Gray & White, Louisville, KY, Peter W. Macuga, II, Macuga & Liddle, PC, Detroit, MI, for Plaintiffs. Hiram Ely, III, Jesse A. Mudd, P. Blaine Grant, James W. Herr, Greenebaum Doll & McDonald PLLC, Louisville, KY, for Defendant. MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, District Judge. This case is one of many putative class action lawsuits relating to environmental "fallout" allegedly coming from industrial plants in the Rubbertown area of Lo... Edward Lee SUTTON, Lester H. Turner, Linda Joyce Ford, Timothy D. May, Ladonia W. Wilson, Robin Littlepage, Robert R. Teague, and Tabitha Nance Individually and on behalf of all other similarly situated, Plaintiffs v. HOPKINS COUNTY, KENTUCKY and J, W.D.Ky., November 16, 2009 Bart L. Greenwald, Susan S. Wettle, Jason Renzelmann, Frost Brown Todd LLC, Gregory A. Belzley, Dinsmore & Shohl LLP, Laura C. Leone, Fultz, Maddox, Hovious & Dickens PLC, Louisville, KY, for Plaintiffs. Allen W. Holbrook, R. Michael Sullivan, Sullivan, Mountjoy, Stainback & Miller, P.S.C., Owensboro, KY, Douglas R. Moore, Samuel J. Wright, Stacey A. Blankenship, Denton & Keuler, LLP, Paducah, KY, John T. Soyars, Foster, Soyars & Associates, Hopkinsville, KY, for Defendants. MEMORANDUM OPIN... UNITED STATES of America, Plaintiff v. Ronald PALMER, Defendant. , E.D.Ky., November 16, 2009 Alamdar S. Hamdani, U.S. Attorney's Office, Ft. Mitchell, KY, for Plaintiff. MEMORANDUM OPINION AND ORDER DAVID L. BUNNING, District Judge. I. Introduction This matter is before the Court upon Defendant's motion to withdraw guilty plea (Doc. # 41). The United States having filed its response to the motion (Doc. # 48), and no reply having been filed and the time for filing any reply having now expired, the motion is ripe for review. [FN1] Upon reviewing the written briefs, the Court conclude... Raymond C. BISCHOFF, Plaintiff v. Barry WILLETT, Defendant. , W.D.Ky., November 16, 2009 Raymond Bischoff, Louisville, KY, pro se. MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN II, District Judge. Plaintiff, Raymond C. Bischoff, pro se, has filed a complaint, an application to proceed without prepayment of fees pursuant to 28 U.S.C. § 1915(a)(1), and a motion for emergency preliminary injunction. Because the Court concludes that Plaintiff cannot without undue hardship pay the fees or costs in this action, IT IS HEREBY ORDERED that Plaintiff's motion to proceed without prepayment... TRUCK AMERICA TRAINING, LLC, et al., Plaintiffs v. CITY OF HILLVIEW, et al., Defendants. , W.D.Ky., November 16, 2009 J. Scott Wantland, Wantland & Wantland, Shepherdsville, KY, for Plaintiffs. Carol Schureck Petitt, Mark A. Osbourn, Schiller Osbourne Barnes & Maloney, PLLC, Louisville, KY, for Defendants. MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN II, District Judge. Plaintiffs, Truck America Training, LLC ("Truck America") and its owners Deborah and James Carter ("the Carters"), brought this action primarily under 42 U.S.C. § 1983 alleging that Defendants, the City of Hillview ("Hillview") and vario... Teressea G. HELM, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Ky., November 13, 2009 Julie Atkins, Atkins Law Office, Harlan, KY, for Plaintiff. James H. Barr, U.S. Attorney Office, Louisville, KY, for Defendant. MEMORANDUM AND ORDER EDWARD H. JOHNSTONE, Senior District Judge. Before the Court is the complaint of Teressea G. Helm ("Plaintiff" or "Claimant") seeking judicial review of the final decision of the Commissioner pursuant to 42 U.S.C. Section 405(g). After examining the administrative record ("Tr."), the arguments of the parties, and the applicable authorities,... UNITED STATES of America, Plaintiff v. Danny Lee CATHEY, Defendant. , W.D.Ky., November 13, 2009 G. David Sparks, U.S. Attorney Office, Paducah, KY, for Plaintiff. Len W. Ogden, Jr., Bruce E. Smith Law Offices, PLLC, Nicholasville, KY, Dennis L. Null, Sr., Null, Samson & Paitsel, Mayfield, KY, for Defendant. MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Plaintiff, United States of America's, Motion in Limine (Docket # 35). Defendant, Danny Cathey, has responded (Docket # 36). The Plaintiff has replied (Docket # 37). This matter is... Eddie WESTBROOK, Plaintiff v. U.S. UNITED BARGE LINE, LLC, Defendant. , W.D.Ky., November 13, 2009 Brian S. Katz, Law Office of Brian S. Katz, Paducah, KY, Lee J. Bloomfield, Bloomfield & Katz, Memphis, TN, for Plaintiff. Todd M. Powers, Megan C. Ahrens, Schroeder, Maundrell, Barbiere & Powers, Mason, OH, for Defendant. MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Defendant, U.S. United Barge Line, LLC's, Motion for Summary Judgment (Docket # 16). Plaintiff, Eddie Westbrook, has filed a response (Docket # 19). Defendant has filed a ... Mary J. MATLOCK, Plaintiff v. DOUGLAS AUTOTECH CORP., Defendant. , W.D.Ky., November 13, 2009 Willie E. Peale, Jr., Frankfort, KY, for Plaintiff. Adam T. Schnatz, Ann L. Miller, Brian E. Etzel, The Miller Law Firm, P.C., Rochester, MI, Jeffrey D. Stamper, Jeffrey D. Stamper, PLLC, Louisville, KY, for Defendant. MEMORANDUM OPINION THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Defendant Douglas Autotech's Motion for Summary Judgment (Docket # 33). Plaintiff has responded (Docket # 41). Defendant has replied (Docket # 49). This matter is now ripe for adjudicat... Sandra CROUCH; Patricia Fitch; and Deborah Perry, Plaintiffs, v. RIFLE COAL COMPANY, LLC, Defendant. , E.D.Ky., November 13, 2009 Tony Oppegard, Lexington, KY, for Plaintiffs. Jeffrey S. Walther, William Scott Hunt, Walther, Roark & Gay, P.L .C., Lexington, KY, for Defendant. MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is before the Court on Defendant's Motion for Summary Judgment [Record No. 29]. Plaintiffs filed a Response [Record No. 35], and Defendant filed a Reply [Record No. 39]. The matter is now ripe for decision. For the reasons stated below, Defendant's Motion for Summa... LONG JOHN SILVER'S, INC., Plaintiff, v. Syed Naveed ZAIDI, et al., Defendants. , E.D.Ky., November 13, 2009 Margaret R. Grant, Stites & Harbison, PLLC, Louisville, KY, for Plaintiff. Keith Stanley Donati, Kochman Donati & Charbonnet LLP, Houston, TX, for Defendants. MEMORANDUM OPINION AND ORDER JENNIFER B. COFFMAN, Chief Judge. This matter is before the court upon the plaintiff's motion for summary judgment, which the court construes to include a motion for attorneys' fees and costs (R. 41). The court will grant the unopposed motions because the plaintiff's evidence and the defendants' admissi... Brenda Sue BRANSCUM, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., November 13, 2009 Jay D. McShurley, Somerset, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. OPINION AND ORDER KAREN K. CALDWELL, District Judge. This matter is before the Court on crossing Motions for Summary Judgment filed by the Plaintiff, Brenda Sue Branscum (Rec. No. 8), and the Defendant, Michael J. Astrue, Commissioner of Social Security. (Rec. No. 13). For the reasons set forth below, the Court will GRANT Defendant's Motion for Summary Judgment and DE... Terry Lee MULLINS, Plaintiff, v. John MARSHALL, et al., Defendants. , E.D.Ky., November 12, 2009 Terry Lee Mullins, Burgin, KY, pro se. Michael J. Schmitt, Jonathan C. Shaw, Porter, Schmitt, Banks & Baldwin, Paintsville, KY, Roger G. Wright, Justice & Public Safety Cabinet, Frankfort, KY, for Defendants. MEMORANDUM OPINION AND ORDER JENNIFER B. COFFMAN, Chief Judge. This matter is before the court on Defendant John Marshall, Jeff Noble, Clyde Caudill and Thomas Miller's motion for summary judgment. R. 44. The court will grant the motion as to Noble, Caudill, and Miller; deny it as t... Wanda JEFFRIES, Individually and as Executrix of the Estate of Thomas V. Jeffries, Plaintiff v. THERMO FISHER SCIENTIFIC, et al., Defendants. , W.D.Ky., November 12, 2009 Joseph D. Satterley, Kenneth L. Sales, Paul J. Kelley, Sales, Tillman, Wallbaum, Catlett & Satterley, PLLC, Louisville, KY, Rick A. Johnson, Sales, Satterley & Johnson, Paducah, KY, for Plaintiff. Brandon W. Smith, J. Clarke Keller, Stites & Harbison, PLLC, Lexington, KY, Jeffrey D. Roberts, Ross Asher, Roberts Markel PC, Houston, TX, Sarah G. Cronan, Stites & Harbison, PLLC, Rebecca L. Didat, David T. Schaefer, Woodward, Hobson & Fulton, LLP, Edward H. Stopher, Rodney D. Payne, Boehl Stopher... Joshua HARRISON, Plaintiff v. David OSBORNE, Defendant. , W.D.Ky., November 12, 2009 MEMORANDUM OPINION JOSEPH H. McKINLEY. Plaintiff Joshua Harrison filed a pro se complaint pursuant to 42 U.S.C. § 1983. This matter is before the Court for screening of the complaint pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir.1997). For the reasons that follow, the Court will allow part of Plaintiff's claims to proceed for further development and dismiss the remaining claims. I. SUMMARY OF CLAIMS Plaintiff is a prisoner currently incarcerated at the Dav... Rickey Bernard JONES, Plaintiff v. KENTUCKY DEPARTMENT OF CORRECTIONS, et al., Defendants. , W.D.Ky., November 12, 2009 Rickey Bernard Jones, Eddyville, KY, pro se. MEMORANDUM OPINION THOMAS B. RUSSELL, District Judge. This matter is before the Court for screening of the complaint (DN 1) and amended complaint (DN 5) pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir.1997). For the reasons that follow, the Court will dismiss Plaintiff's Fourteenth Amendment and retaliation claims and will allow his Fourth and Eighth Amendment claims to proceed. I. SUMMARY OF CLAIMS Plaintiff Ri... Juanita WEATHERSTRAND, as Administratrix of the Estate of Robert Kendrick, deceased, Plaintiff v. CHRISTIAN COUNTY FISCAL COURT, et al., Defendants. , W.D.Ky., November 12, 2009 Kent Wicker, Steven S. Reed, Reed Wicker PLLC, Louisville, KY, for Plaintiff. Stacey A. Blankenship, Douglas R. Moore, Denton & Keuler, LLP, Paducah, KY, for Defendants. MEMORANDUM OPINION THOMAS B. RUSSELL, Chief District Judge. This matter is before the Court upon Defendants', Christian County Fiscal Court, Christian County Jail, and Bradley Boyd, in his individual capacity and official capacity as Christian County Jailer, Motion for Summary Judgment (Docket # 19). Plaintiff, Juanita W... Vicki HURLEY and David Hurley, Plaintiffs v. Jeffrey W. BYASSEE, Kenneth R. Byassee, Jeffrey W. Byassee as Executor of the Estate of Russell W. Byassee, Deceased, Lisa Byassee and Ginger Byassee, Defendants. , W.D.Ky., November 12, 2009 Kerry D. Smith, McMurry & Livingston, PLLC, Paducah, KY, for Plaintiffs. James B. Brien, Jr., Neely, Brien & Wilson, Mayfield, KY, for Defendants. MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Plaintiffs' Motion for Partial Summary Judgment (Docket # 25). Defendants have responded (Docket # 55). Plaintiffs have replied (Docket # 61). This matter is now ripe for adjudication. For the following reasons, Plaintiffs' Motion for Partial Summ... Calvin WOOD, Plaintiff v. Frances MALONY et al., Defendants. , W.D.Ky., November 12, 2009 Calvin Wood, Evansville, IN, pro se. MEMORANDUM OPINION JOSEPH H. McKINLEY, JR., District Judge. Plaintiff Calvin Wood filed a pro se, in forma pauperis civil complaint in the Southern District of Indiana. That court transferred the action to this Court. The complaint is currently before the Court for screening pursuant to 28 U.S.C. § 1915(e)(2)(B). For the reasons that follow, the instant action will be dismissed. I. Plaintiff, who resides in Indiana, lists Francis Malony and Tammy Wille... UNITED STATES of America, Plaintiff, v. Ralph Herman HUSBAND, Jr., Defendant. , W.D.Ky., November 12, 2009 Larry E. Fentress, Thomas W. Dyke, U.S. Attorney Office, Louisville, KY, for Plaintiff. Scott Thomas Wendelsdorf, Western Kentucky Federal Community Defender, Inc., Louisville, KY, for Defendant. MEMORANDUM OPINION AND ORDER JENNIFER B. COFFMAN, District Judge. This matter is before the court upon the motion of state court defendant Donald Nelson Giles's counsel, Steven R. Romines, for release of the pre- sentence reports (PSRs) of Ralph Herman Husband, Jr. and Robert Gene Turner, Jr. (R... Vivian Janet BOWMAN, Plaintiff v. William S. ECKELS et al., Defendants. , W.D.Ky., November 12, 2009 Vivian Janet Bowman, Frankfort, KY, pro se. MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., District Judge. Plaintiff commenced this action against William S. Eckels, Geneva Price, Mary L. Persley, and Sheldon Berman. Plaintiff has filed an application to proceed without prepayment of filing fees (DN 3). Plaintiff's application makes the requisite showing under 28 U.S.C. § 1915(a). Her application is, therefore, GRANTED. Because Plaintiff is proceeding in forma pauperis, this Court is... Eric JABLONSKI, Plaintiff, v. KRAFT FOODS GLOBAL, INC. and Charles Ansel, Defendants. , E.D.Ky., November 12, 2009 Dustin Robert Williams, Gary C. Johnson, Gary C. Johnson, P.S.C., Pikeville, KY, for Plaintiff. Lee A. Rosenthal, Woodward, Hobson & Fulton, LLP, Lexington, KY, for Defendants. OPINION AND ORDER KAREN K. CALDWELL, District Judge. This matter is before the Court on the Plaintiff's Motion to Remand (DE 7). For the following reasons, the motion will be DENIED. I. BACKGROUND. This action involves an automobile collision that occurred in Pike County, Kentucky. Plaintiff Eric Jablonski alle... UNITED STATES of America, Plaintiff, v. Christopher Douglas BURKHART, Defendant. , E.D.Ky., November 12, 2009 Roger West, U.S. Attorney's Office, London, KY, for Plaintiff. MEMORANDUM ORDER DANNY C. REEVES, District Judge. A review of the file of this action reflects that, on February 17, 2004, Defendant Christopher Burkhart was sentenced to a total term of imprisonment of 324 months, to be followed by a five-year term of supervised release. [Record No. 52] Burkhart appealed the sentence imposed by the Court. Following a Booker remand from the Sixth Circuit [Record No. 71], his total term of impris... Sharon Elaine DOTSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., November 12, 2009 MEMORANDUM OPINION AND ORDER HENRY R. WILHOIT, JR., District Judge. Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) to challenge a final decision of the Defendant denying Plaintiff's application for disability insurance benefits. The Court having reviewed the record in this case and the dispositive motions filed by the parties, and being otherwise sufficiently advised, for the reasons set forth herein, finds that the decision of the Administrative Law Judge is supported by su... Randell TURNER, Plaintiff, v. Michael J. ASTRUE Commissioner of Social Security, Defendant. , E.D.Ky., November 12, 2009 Wolodymyr Cybriwsky, Prestonsburg, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION AND ORDER HENRY R. WILHOIT, JR., District Judge. Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) to challenge a final decision of the Defendant denying Plaintiff's application for disability insurance benefits. The Court having reviewed the record in this case and the dispositive motions filed by the parties, and being otherw... Raymond WELLS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., November 12, 2009 Jay D. McShurley, Somerset, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. ORDER GREGORY F. VAN TATENHOVE, District Judge. The Plaintiff, Raymond Wells, brought this action pursuant to 42 U.S.C. § 405(g) and 5 U.S.C. § 706 to challenge a final decision of the Commissioner of Social Security ("Commissioner"), who denied his application for supplemental security income. [R. 2.] Consistent with the Court's practice and pursuant to 28 U.S.C. § 6... Deborah BLACK and Rick Black, Plaintiffs v. UNITED STATES of America, Defendant and Third Party Plaintiff v. Saint Joseph Health Systems, Inc. d/b/a Saint Joseph-Martin, f/k/a Our Lady of the Way Hospital, Inc. and Prem Verma, M.D., Third Party D, E.D.Ky., November 12, 2009 OPINION AND ORDER KAREN K. CALDWELL, District Judge. This matter is before the Court on the Motion to Set Aside Default [R. 27] filed by Saint Joseph Health System, Inc. ("Saint Joseph"). Default was entered in favor of the United States of America ("United States") against Saint Joseph on November 5, 2009 by the Clerk of the Court. [R. 26]. For the reasons set forth below, the Court will GRANT Saint Joseph's motion and set aside the entry of default in accordance with Rule 55(c) of the Feder... Glenn Raymond DEAN, Plaintiff v. LOUISVILLE METRO POLICE DEPT. et al., Defendants. , W.D.Ky., November 10, 2009 Glenn Raymond Dean, Central City, KY, pro se. ORDER CHARLES R. SIMPSON III, District Judge. For the reasons set forth in the Memorandum Opinion entered this date and being otherwise sufficiently advised, IT IS ORDERED that Plaintiff's claims against Ryan D. Reynolds; Carrie Mroskey Marchegion; WLKY News Channel 32; the Mayor of Louisville; and Louisville Metro Police Chief Robert White and Plaintiff's official-capacity claims against Todd Tremain, John Black, Carl L. Payne, and William Wils... Andre DRAPER-EL, Plaintiff v. Liggett MORRIS et al., Defendants. , W.D.Ky., November 10, 2009 Andre Draper-El, Central City, KY, pro se. MEMORANDUM OPINION AND ORDER CHARLES R. SIMPSON, III, District Judge. I. Plaintiff, Andre Draper-El, a convicted inmate currently incarcerated at the Green River Correctional Complex (GRCC), filed this action against Captain Liggett Morris, Grievance Coordinator Shauna Nelson and Warden Nancy Doom. Plaintiff claims that for a week in January 2009, Defendants Liggett and Doom denied him and other inmates at the GRCC hot food, hot water and heat in vi... Pleas Lucian KAVANAUGH, Plaintiff, v. LEXINGTON FAYETTE URBAN COUNTY GOVERNMENT, et al., Defendants. , E.D.Ky., November 10, 2009 Pleas Lucian Kavanaugh, Lexington, KY, pro se. Carolyn C. Zerga, Leslye Mercer Bowman, Lexington, KY, for Defendants. MEMORANDUM OPINION AND ORDER JENNIFER B. COFFMAN, Chief Judge. This matter is before the court on the plaintiff's motion to reconsider (R. 45) the order (R. 43) entered on April 16, 2009, in which the court dismissed the action because of the plaintiff's consistent failure to follow the court's orders. The court will deny the motion because the plaintiff has not raised a... Alberta Katherine WHALEN, Plaintiff, v. LORD & MOSES, LLC, Defendant. , E.D.Ky., November 10, 2009 Leslie Dean, Lexington, KY, for Plaintiff. Dennis James Stilger, Dennis J. Stilger, PSC, Louisville, KY, for Defendant. MEMORANDUM OPINION AND ORDER JENNIFER B. COFFMAN, Chief Judge. This matter is before the court upon the defendant Lord & Moses, LLC's motion to dismiss for lack of subject-matter jurisdiction (R. 16) and counter- claim for costs and attorney fees (R. 23). Because the plaintiff signed an enforceable arbitration agreement that does not exclude claims for wrongful discharg... Anthony L. SMITH, Plaintiff v. David L. YOUNG et al., Defendants. , W.D.Ky., November 10, 2009 Anthony L. Smith, Branchville, IN, pro se. MEMORANDUM OPINION CHARLES R. SIMPSON, III, District Judge. I. INTRODUCTION Plaintiff, Anthony L. Smith, a convicted inmate currently incarcerated at the Branchville Correctional Facility in Branchville, Indiana, filed this 42 U.S.C. § 1983 action against Commonwealth of Kentucky Parole Officer David L. Young, Indiana Department of Corrections Correctional Officer John Doe I, and Indiana Department of Corrections Correctional Officer John Doe II.... Chadwick L. KIRBY, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., November 10, 2009 John Hunt Morgan, John Hunt Morgan, P.S.C., Bledsoe, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION G. WIX UNTHANK, Senior Judge. INTRODUCTION Chadwick Kirby brought this action to obtain judicial review of an unfavorable administrative decision on his applications for Disability Insurance Benefits and for Supplemental Security Income. The case is before the court on cross-motions for summary judgment. APPLICABLE LAW The ... James G. HOWARD, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., November 10, 2009 Wolodymyr Cybriwsky, Prestonsburg, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION G. WIX UNTHANK, Senior District Judge. INTRODUCTION James Howard brought this action to obtain judicial review of an unfavorable administrative decision on his applications for Disability Insurance Benefits and for Supplemental Security Income. The case is before the court on cross-motions for summary judgment. APPLICABLE LAW The Commissione... Julie P. COWAN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., November 10, 2009 Jay D. Mcshurley, Somerset, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION G. WIX UNTHANK, Senior District Judge. INTRODUCTION The plaintiff brought this action to obtain judicial review of an administrative denial of her application for Supplemental Security Income (SSI). The appeal is currently before the court on cross-motions for summary judgment. APPLICABLE LAW The Commissioner is required to follow a five-step sequent... Ethel HOWARD, Plaintiff, v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , E.D.Ky., November 10, 2009 MEMORANDUM OPINION AND ORDER JENNIFER B. COFFMAN, Chief Judge. This matter is before the court upon cross-motions for summary judgment on the plaintiff's appeal of the Commissioner's denial of her application for Disability Insurance Benefits ("DIB") (R. 12, 13). The court will deny the plaintiff's motion and grant the defendant's motion. I. Overview of the Process Judicial review of the decision of an Administrative Law Judge ("ALJ") to deny disability benefits is limited to determining w... Ronald Dean WATTS, Plaintiff, v. Michael ASTRUE, Social Security Administration, Defendant. , E.D.Ky., November 10, 2009 John Hunt Morgan, John Hunt Morgan, P.S.C., Bledsoe, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION AND ORDER JENNIFER B. COFFMAN, Chief Judge. This matter is before the court upon cross-motions for summary judgment on the plaintiff's appeal of the Commissioner's denial of his application for Disability Insurance Benefits ("DIB") and Social Security Insurance ("SSI") (R. 10, 12). The court, having reviewed the record and b... Jimmy D. STURGILL, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., November 10, 2009 Lewey K. Lee, Lee & Phipps, PC, Wise, VA, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION G. WIX UNTHANK, Senior District Judge. INTRODUCTION The plaintiff brought this action to obtain judicial review of an administrative denial of his applications for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). The appeal is currently before the court on cross-motions for summary judgment. APPLICABLE LAW The Com... Hugh BENNETT and Bennett Architects, Inc., Plaintiffs v. ROSSER INTERNATIONAL, INC., Defendant. , E.D.Ky., November 9, 2009 C. Timothy Cone, Elizabeth Snow Hughes, Gess, Mattingly & Atchison, P.S.C., Lexington, KY, Catherine Salmen Wright, Dinsmore & Shohl LLP, Lexington, KY, for Plaintiffs. Andrew Bret Millar, Catherine Salmen Wright, Dinsmore & Shohl LLP, Lexington, KY, Kathleen B. Dodd, Thomas H. Christopher, Kilpatrick Stockton LLP, Atlanta, GA, Michael W. Hawkins, Dinsmore & Shohl, LLP, Cincinnati, OH, for Defendants. OPINION AND ORDER KAREN K. CALDWELL, District Judge. This matter is before the Court on th... James Douglas CHILDERS, Plaintiff, v. Michael J. ASTRUE Commissioner of Social Security, Defendant. , E.D.Ky., November 9, 2009 Julie A. Atkins, Atkins Law Office, Harlan, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION AND ORDER HENRY R. WILHOIT, JR., District Judge. Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) to challenge a final decision of the Defendant denying Plaintiff's application for disability insurance benefits and supplemental security income benefits. The Court having reviewed the record in this case and the disposi... Micah Dion GASAWAY, Petitioner v. UNITED STATES of America, Respondent. , W.D.Ky., November 9, 2009 Micah Dion Gasaway, Inez, KY, pro se. MEMORANDUM OPINION JOHN G. HEYBURN, II, District Judge. Petitioner Micah Dion Gasaway, a federal prisoner, initiated this action by filing a document styled "Request for Leave to Petition for Writ of Habeas Corpus; Presenting Defense of Factual Innocence 28 United States Code Section 2241 et seq." In the body of the initiating document, Gasaway requests to proceed under 28 U.S.C. § "2241/55." He claims actual and factual innocence and seeks reversal of ... Nelson L. SHEPHERD, Plaintiff v. Tometrice SHEPHERD, Defendant. , W.D.Ky., November 9, 2009 Nelson L. Shepherd, Hillview, KY, pro se. MEMORANDUM OPINION JOHN G. HEYBURN, II, District Judge. Plaintiff, Nelson L. Shepherd, filed a pro se, in forma pauperis complaint against his former wife Tometrice Shepherd (DN 1). This matter is before the Court for screening pursuant to 28 U.S.C. § 1915(e)(2) and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir.1997). For the reasons set forth below, the action will be dismissed. I. SUMMARY OF CLAIMS Plaintiff states that a judge in Hardin County... Duane GUTHRIE, Plaintiff, v. UNITED STATES of America, Defendant. , W.D.Ky., November 9, 2009 Randy Ream, U.S. Attorney Office, Louisville, KY, for Defendant. A.C. Mckay Chauvin, Keith E. Kamenish, Shane A. Young, Louisville, KY, for Plaintiff. MEMORANDUM OPINION AND ORDER JENNIFER B. COFFMAN, District Judge. This matter is before the court upon the motion of Duane Guthrie to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (R. 90). The court will deny his motion as premature due to the pendency of his appeal to the Court of Appeals for the Sixth Circuit fr... Raymond POTTER, Plaintiff v. ENERSYS, INC. a/k/a EnerSys Delaware, Inc., Defendant. , E.D.Ky., November 9, 2009 OPINION AND ORDER KAREN K. CALDWELL, District Judge. This matter is before the Court on the Motion for Summary Judgment (Rec. No. 9) submitted by Defendant EnerSys, Inc., a/k/a EnerSys Delaware, Inc., ("EnerSys"). This motion is unopposed by Plaintiff Raymond Potter ("Potter"). For the reasons set forth below, the Court will GRANT EnerSys's motion. I. FACTUAL BACKGROUND Potter is a resident of Paris, Kentucky (Rec. No. 1, Complaint, ¶ 1). Potter was an employee of Central Kentucky Industri... Lettie SEALS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., November 9, 2009 Roger Donald Riggs, Morgan, Madden, Brashear & Collins, London, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION AND ORDER HENRY R. WILHOIT, JR., District Judge. Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) to challenge a final decision of the Defendant denying Plaintiff's application for disability insurance benefits. The Court having reviewed the record in this case and the dispositive motions filed by ... Brenton WOMBLES, Plaintiff v. KENTUCKY STATE REFORMATORY et al., Defendants. , W.D.Ky., November 9, 2009 Brenton Wombles, Campbellsville, KY, pro se. MEMORANDUM OPINION JOHN G. HEYBURN, II, District Judge. Plaintiff Brenton Wombles filed this action under 42 U.S.C. § 1983. Plaintiff's amended complaint is before the Court for sua sponte screening pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir.1997). For the reasons that follow, the Court will dismiss part of Plaintiff's claims but will allow others to proceed for further development. I. SUMMARY OF CLAIMS Pla... ATRIA SENIOR LIVING GROUP, INC., Plaintiff v. BEST WESTERN INTERNATIONAL, INC., Defendant. , W.D.Ky., November 9, 2009 Amy Brown Berge, Janet P. Jakubowicz, Greenebaum Doll & McDonald PLLC, Louisville, KY, for Plaintiff. Byron E. Leet, Lisa Catherine Dejaco, Wyatt, Tarrant & Combs LLP, Louisville, KY, for Defendant. MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, JR., District Judge. Plaintiff, Atria Senior Living Group, Inc. ("Atria") seeks a preliminary injunction to prevent Best Western International, Inc. ("Best Western") from using the term "Atrea" in connection with its hotel business. The Court has ... Susan Renee CALDWELL, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., November 9, 2009 John Hunt Morgan, John Hunt Morgan, P.S.C., Bledsoe, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION AND ORDER HENRY R. WILHOIT, JR., District Judge. Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) to challenge a final decision of the Defendant denying Plaintiff's application for child's insurance benefits and supplemental security income benefits. The Court having reviewed the record in this case and the d... Brandon CAUDILL, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., November 9, 2009 Eric Christopher Conn, Eric C. Conn, P.S.C., Stanville, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION AND ORDER HENRY R. WILHOIT, JR., District Judge. Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) to challenge a final decision of the Defendant determining that he is no longer eligible for supplemental security income benefits based on disability as a child. The Court having reviewed the record in this c... UNITED STATES of America, Plaintiff, v. Levi Haskel RITCHIE, Defendant. , E.D.Ky., November 9, 2009 William Samuel Dotson, U.S. Attorney's Office, London, KY, for Plaintiff. MEMORANDUM OPINION & ORDER EDWARD B. ATKINS, United States Magistrate Judge. I. INTRODUCTION This matter is before the undersigned on Defendant's Motion for Additional Discovery. [R. 16]. For the following reasons, the motion [Id.] will be denied. II. FACTUAL BACKGROUND On November 23, 2004, Kentucky State Police ("KSP") officers discovered a large amount of stolen property inside a garage in the Avawam area of Perry... Randall McCOY, et al., Plaintiffs, v. Jim BOOTH, et al., Defendants. , E.D.Ky., November 9, 2009 Edward E. Dove, Lexington, KY, for Plaintiffs. Roger G. Wright, Justice & Public Safety Cabinet, Frankfort, KY, Bernard Pafunda, Lexington, KY, for Defendants. MEMORANDUM OPINION AND ORDER AMUL R. THAPAR, District Judge. Defendant Jim Booth ("Booth") filed a motion to dismiss or, in the alternative, for summary judgment, R. 21. Booth provided evidence that he was not involved in the alleged violations of the plaintiffs' constitutional rights. Since the plaintiffs provided no evidence in ... In re KENTUCKY PROCESSING COMPANY Richard F. Clippard, United States Trustee, Appellant, v. Kentucky Processing Company, et al., Appellees. , E.D.Ky., November 6, 2009 W. Thomas Bunch, Bunch & Brock, Lexington, KY, for Kentucky Processing Company. MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is on appeal from the Bankruptcy Court's denial of Appellants' Motion to Vacate the Default Judgment entered against Appellants. Appellant has filed a brief setting forth its arguments on appeal [Record No. 7]. Appellee Kentucky Processing Company has made no response and stated no objections to the argument presented in Appellant's ... Robert SMITH, Plaintiff, v. UNITED STATES of America, et al., Defendants. , E.D.Ky., November 6, 2009 MEMORANDUM OPINION AND ORDER GREGORY F. VAN TATENHOVE, District Judge. Robert Smith is currently incarcerated at the Victorville Federal Correctional Institution, # 1 Medium, in Adelanto, California. He has submitted a pro se Complaint regarding events occurring during an earlier incarceration in the United States Penitentiary ("USP")-McCreary, in Pine Knot, Kentucky. He claims to have brought this cause as a civil rights action under 42 U.S.C. § 1983 and also as a negligence cause of action ... Donald J. HATCH, Petitioner, v. Eric WILSON, Warden, Respondent. , E.D.Ky., November 6, 2009 Donald J. Hatch, Pine Knot, KY, pro se. MEMORANDUM OPINION AND ORDER GREGORY F. VAN TATENHOVE, District Judge. The Court considers the Petition for Reconsideration Pursuant to Fed.R.Civ.P. 60(b) [Record No. 15] filed by pro se petitioner Donald Hatch. [FN1] Because Hatch has failed to satisfy the criteria for granting extraordinary post-judgment relief under Fed.R.Civ.P. 60(b), the Court will deny Hatch's motion for reconsideration. FN1. Petitioner Hatch is confined in the United States P... OHIO GRAPHCO, INC. and Unlimited Graphics, Inc., Plaintiffs v. RCA CAPITAL CORP. and All Points Capital Corp., Defendants. , W.D.Ky., November 6, 2009 Mark S. Medlin, Lacenter, KY, RObert W. McIntyre, McIntyre, Kahn & Kruse Co., LPA, Cleveland, OH, for Plaintiff. Charles W. Adams, Hodges & Haynes, Bowling Green, KY, for Defendants. MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief District Judge. This matter is before the Court upon Plaintiff, Ohio Grapcho, Inc .'s ("Graphco"), Motion for Summary Judgment (Docket # 17). The Defendant, All Points Capital Corp. ("APC"), has filed a response (Docket # 30). The Plaintiff has filed a r... Atheen STIGALL, Plaintiff v. UNIVERSITY OF KENTUCKY HOSPITAL, Defendant. , E.D.Ky., November 6, 2009 MEMORANDUM OPINION AND ORDER KARL S. FORESTER, Senior District Judge. On June 23, 2009, Plaintiff Atheen Stigall, who is apparently a non- prisoner residing in Kentucky, submitted a pro se pleading which the Court construed as a Complaint pursuant to 28 U.S.C. § 1331. After she was denied permission to proceed in forma pauperis, she paid the District Court filing fee. Now, more than four months after filing the instant cause, there is no indication in the record that the Plaintiff ever served... Debbie EVANS, Plaintiff v. The HARTFORD, Defendant. , W.D.Ky., November 5, 2009 Robert A. Florio, Louisville, KY, for Plaintiff. Robert L. Steinmetz, Gwin, Steinmetz, Miller & Baird, PLLC, Louisville, KY, for Defendant. MEMORANDUM OPINION JOHN G. HEYBURN, II, District Judge. This case involves The Hartford's denial of long-term disability benefits of its insured, Debbie Evans. Ms. Evans has not worked since April 29, 2004. Hartford initially found Ms. Evans permanently disabled and paid her long-term disability benefits for over four years. However, on May 13, 2008,... Aarron EAVES, Daryle Eaves, and Estate of Trinity Eaves, Deceased, Plaintiffs v. UNITED STATES of America, Defendant. , W.D.Ky., November 5, 2009 James K. Falk, Louisville, KY, Koby J. Langley, Ravender K. Verma, The Langley Law Group, LLP, Glenn Dale, MD, for Plaintiffs. Benjamin Seth Schecter, Michael D. Ekman, U.S. Attorney Office, Louisville, KY, for Defendant. MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, Jr., District Judge. This matter is before the Court upon motions in limine [DNs 63 and 65] filed by the plaintiffs and defendant and an exhibit list objection [DN 64] which mirrors the defendant's motion in limine. Fully... Celeste PALMER, Plaintiff v. CITY OF COVINGTON, et al, Defendants. , E.D.Ky., November 5, 2009 Marcus S. Carey, Marcus Carey & Associates, Erlanger, KY, for Plaintiff. Timothy Alexander Mattingly, Office of the Solicitor, Philip Taliaferro, Alice Gailey Keys, Taliaferro, Shirooni, Carran & Keys, Covington, KY, Stephen T. McMurtry, Ft. Mitchell, KY, for Defendants. MEMORANDUM OPINION AND ORDER WILLIAM O. BERTELSMAN, District Judge. This matter is before the court on the motions of defendants for summary judgment (Docs.# 67, # 69). The court heard oral argument on these motions o... COMMONWEALTH BRANDS, INC.; Conwood Company, LLC; Discount Tobacco City And Lottery, Inc.; Lorillard Tobacco Company; National Tobacco Company, L.P.; and R.J. Reynolds Tobacco Company, Plaintiffs v. UNITED STATES of America; United States Food and D, W.D.Ky., November 5, 2009 Charles E. English, Jr., Charles E. English, Sr., D. Gaines Penn, E. Kenly Ames, English, Lucas, Priest & Owsley LLP, Bowling Green, KY, Philip J. Perry, Scott J. Ballenger, Latham & Watkins, Donald B. Ayer, Geoffrey K. Beach, Noel J. Francisco, Robert F. McDermott, Jr., Jones Day, Washington, DC, Leon F. DeJulius, Jr., Jones Day, Pittsburgh, PA, Floyd Abrams, Joel Kurtzberg, Kayvan Sadeghi, Cahill, Gordon & Reindel LLP, New York, KY, Leanne Moore, National Tobacco Company, Dresden, TN, for Pla... E.I. DUPONT DE NUMOURS AND COMPANY, Plaintiff v. MECHANICAL INTEGRITY, INC., Ndt Equipment Services, Ltd., and Mike Walker, Defendants. , W.D.Ky., November 5, 2009 MEMORANDUM OPINION JOHN G. HEYBURN II, District Judge. This case is basically a contract dispute between Plaintiff, E.I. DuPont de Numours and Co. ("DuPont"), and a contractor, Mechanical Integrity, Inc. ("MI"), it hired to perform certain subterranean pipeline testing. MI hired NDT Equipment Services, Ltd. ("NDT") and its employee, Mike Walker, as subcontractors to perform the testing and prepare a report of the results. DuPont has brought breach of contract, negligence, negligent misreprese... In re YAMAHA MOTOR CORP. RHINO ATV PRODUCTS LIABILITY LITIGATION This Document Relates to All Cases. , W.D.Ky., November 5, 2009 MEMORANDUM OPINION AND ORDER JENNIFER B. COFFMAN, District Judge. The defendants having moved for an order permitting the use of a Rhino steering wheel and a replica model Rhino in videotaped depositions to demonstrate accident details (R. 1193), and the plaintiffs having moved to preclude such reenactments (R. 1211), IT IS ORDERED that the plaintiffs' motion is DENIED and the defendants' motion is GRANTED, but the court will set limits on the use of such deposition demonstrations at trial. ... HUMANA HEALTH PLAN, INC., Plaintiff v. Patti POWELL, Defendant. , W.D.Ky., November 5, 2009 John David Kolb, Linda H. Clare, Gibson & Sharp PSC, Louisville, KY, for Plaintiff. Joseph D. Satterley, Sales, Tillman, Wallbaum, Catlett & Satterley, Pllc, Kenneth L. Sales, Paul J. Kelley, Louisville, KY, Rick A. Johnson, Sales, Satterley & Johnson, Paducah, KY, for Defendant. MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. In this case, Plaintiff, Humana Health Plan, Inc., seeks a constructive trust to recover reimbursement of medical expenses it paid on behalf of ... Thomas Edward BURKE, Jr., Plaintiff v. Ladonna H. THOMPSON et al., Defendants. , W.D.Ky., November 5, 2009 Thomas Edward Burke, Jr., Eddyville, KY, pro se. MEMORANDUM AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court on Plaintiff's motion for appointment of counsel (DN 4). In a civil case such as this action brought under 42 U.S.C. § 1983, appointment of counsel is not a constitutional right. Lavado v. Keohane, 992 F.2d 601, 605 (6th Cir.1993). Title 28 of the United States Code, Section 1915(e)(1) [FN1] indicates that court-enlisted assistance of counsel is not mandatory... In re Fred ALLEN Deutsche Bank National Trust Company; Mortgage Electronic Registration Systems, Inc., Appellants, v. J. James Rogan, Chapter 7 Trustee for Fred Allen, Appellee. , E.D.Ky., November 4, 2009 Christine Anglin Carter, Berea, KY, for Fred Allen. MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is before the Court on the Motion of Appellee J. James Rogan, Chapter 7 Trustee for Fred Allen, for Rehearing and for Permission to File Brief [Record No. 7] in which he asks the Court to rehear the appeal and allow him to file a brief, effectively giving him relief from the Court's October 20, 2009, Memorandum Opinion and Order which reversed the decision of t... UNITED STATES of America, Plaintiff, v. Shawn M. RICE, Defendant. , E.D.Ky., November 4, 2009 Elaine K. Leonhard, U.S. Attorney's Office, Ft. Mitchell, KY, for Plaintiff. Gary John Sergent, O'Hara, Ruberg, Taylor, Sloan & Sergent, Covington, KY, for Defendant. MEMORANDUM OPINION DANNY C. REEVES, District Judge. On October 23, 2009, Defendant Shawn Rice moved the Court to suppress from evidence a firearm recovered in connection with his arrest. [Record No. 17] A hearing on that motion was held on November 3, 2009. At the conclusion of the suppression hearing, the Court made oral f... In re AIR CRASH AT LEXINGTON, KENTUCKY, AUGUST 27, 2006 Relating To: Hebert, et al. v. Comair, et al., No. 5:07-CV-320. , E.D.Ky., November 4, 2009 OPINION AND ORDER KARL S. FORESTER, Senior District Judge. This matter is before the Court on Comair's "motion to rule as to privilege relating to Ike Huval and Carl Duhon Testimony" [DE 3625]. The matter having been briefed, it is ripe for consideration. I. BACKGROUND The marital status of Plaintiff Jamie Hebert ("Hebert") recently was placed in issue as a result of her renewed claim for loss of spousal consortium. Comair desires to take the trial depositions of Hebert's former attorneys,... NORTH AMERICAN SPECIALTY INSURANCE COMPANY, Plaintiff, v. John Paul PUCEK, et al., Defendants. , E.D.Ky., November 4, 2009 MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is before the Court on the motion of John Paul Pucek, David Fogg, Brett Setzer, and Robert Edwards (the "Owners") to remand this action to Fayette Circuit Court [Record No. 20]. [FN1] North American Specialty Insurance Company ("NAS") responded [Record No. 22] and the Owners replied [Record No. 26]. For the reasons stated below, the Court will grant the Owners' Motion to Remand. FN1. In these consolidated actions ... Matthew COLLINS, Jr., Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., November 4, 2009 John Hunt Morgan, John Hunt Morgan, P.S.C., Bledsoe, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is before the Court on cross motions for summary judgment [Record Nos. 11-3 and 12] [FN1] on Plaintiff's appeal of the Commissioner's denial of his application for Supplemental Security Income benefits. The Court, having reviewed the record and being otherwise su... FIFTH THIRD BANK, Plaintiff v. LINCOLN FINANCIAL SECURITIES CORPORATION, Defendant. , W.D.Ky., November 4, 2009 Catherine A. Nestrick, Terry G. Farmer, Bamberger, Foreman, Oswald & Hahn, LLP, Evansville, IN, for Plaintiff. Clinton J. Elliott, Edward H. Stopher, Robert Charles Rives, IV, Boehl Stopher & Graves, LLP, Louisville, KY, for Defendant. MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., District Judge. This matter is before the Court on a motion by the Defendant, Lincoln Financial Securities Corporation, to reconsider the Court's August 18, 2009 Memorandum Opinion and Order granting Pl... William M. DEMYER, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Ky., November 4, 2009 Frederick J. Daley, Jr., Daley, Debofsky & Bryant, Chicago, IL, for Plaintiff. James H. Barr, U.S. Attorney Office, Louisville, KY, for Defendant. MEMORANDUM OPINION AND ORDER EDWARD H. JOHNSTONE, Senior Judge. Plaintiff William DeMyer seeks Disability Insurance Benefits which were denied by the Commissioner. This matter was referred to United States Magistrate Judge W. David King who recommends that the final decision of the matter be affirmed and the plaintiff's claim dismissed. The... E.I. DUPONT DE NUMOURS AND COMPANY, Plaintiff v. MECHANICAL INTEGRITY, INC., NDT Equipment Services, Ltd., and Mike Walker, Defendants. , W.D.Ky., November 3, 2009 MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. This case arose from a contract dispute between Plaintiff E.I. DuPont de Numours and Company ("DuPont") and Defendant Mechanical Integrity, Inc. ("MI"). DuPont hired MI to perform underground testing of a pipeline supplying its Louisville manufacturing plant with chloroform. A portion of the pipeline that MI claims was not to be tested under the agreement was corroded and leaked chloroform within two years of the initial testin... Sandra Kay PARTON, Plaintiff, v. Michael J. ASTRUE Commissioner of Social Security, Defendant. , E.D.Ky., November 3, 2009 Walter H. Hornbeck, Hornbeck & Moore, Covington, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION AND ORDER HENRY R. WILHOIT JR., District Judge. Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) to challenge a final decision of the Defendant denying Plaintiff's application for child's disability insurance benefits. The Court having reviewed the record in this case and the dispositive motions filed by the part... UNITED STATES of America, Plaintiff v. Adrian HAMILTON, Earl Wilson, Defendants. United States of America, Plaintiff v. Decorick Curry, Defendant. , W.D.Ky., November 3, 2009 Jo E. Lawless, U.S. Attorney Office, Louisville, KY, for Plaintiff. MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Defendant Adrian Hamilton's Motion to Suppress Any and All Physical and Testimonial Evidence Obtained as a Result of a Claim of an Illegal Search and Seizure (Docket # 48). The United States has filed a response (Docket # 52). The Defendant has filed no reply. This matter is now ripe for adjudication. For the following reasons,... UNITED STATES of America, Plaintiff v. Adrian HAMILTON, Earl Wilson, Defendants United States of America, Plaintiff v. Decorick Curry, Defendant. , W.D.Ky., November 3, 2009 Jo E. Lawless, U.S. Attorney Office, Louisville, KY, for Plaintiff. MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Defendant, Adrian Hamilton's, Motion to Disclose Identity of the Informant (Docket # 49). The United States has filed a response (Docket # 20). The Defendant has filed no reply. This matter is now ripe for adjudication. For the following reasons, Defendant's Motion to Disclose is DENIED. Also before the Court is Plaintiff, Unit... Karen BOVE, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., November 3, 2009 Roger Donald Riggs, Morgan, Madden, Brashear & Collins, London, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, EDKY, Lexington, KY, for Defendant. MEMORANDUM ORDER DANNY C. REEVES, District Judge. This matter is pending for consideration of the motion for attorney's fees and costs filed by Plaintiff Karen Bove. [Record No. 17] More specifically, Bove seeks payment for 11 hours at a rate of $125.00 per hour, together with expenses of $36.60 for a total of $1,411.60. The E... David BOWEN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., November 3, 2009 Leonard Stayton, Inez, KY, for Plaintiff. Cheryl D. Morgan, U.S. Attorney's Office, EDKY, Lexington, KY, for Defendant. MEMORANDUM ORDER DANNY C. REEVES, District Judge. This matter is pending for consideration of Plaintiff David Bowen's Motion for Approval of Attorney Fee. [Record No. 15] The Plaintiff's counsel, Leonard Stayton, has provided evidence of an attorney fee agreement providing for a fee of 25 percent of any backpay award. Further, he states that the Social Security Administ... Donald A. ENGLISH, Plaintiff v. Teri WARD, et al., Defendants. , E.D.Ky., November 2, 2009 Donald A. English, Lexington, KY, pro se. MEMORANDUM OPINION AND ORDER KAREN K. CALDWELL, District Judge. This matter is before the Court on the Plaintiff's responses to an earlier Order informing him of the need to correct deficiencies in his initial submissions. BACKGROUND On September 14, 2009, Donald A. English, an individual in the custody of the Bureau of Prisons ("BOP") and currently incarcerated at the Federal Medical Center in Lexington, Kentucky, submitted a self-styled prisoner... NEW ALBANY TRACTOR, INC., Plaintiff v. LOUISVILLE TRACTOR, INC. and Metalcraft of Mayville, Inc. d/b/a SCAG Power Equipment, Defendants. , W.D.Ky., November 2, 2009 James C. Wade, Michael J. O'Connell, Louisville, KY, for Plaintiff. D. Craig York, Emily K. Fritts, Dinsmore & Shohl, C. Kent Hatfield, Justin D. Clark, Stoll Keenon Ogden PLLC, Louisville, KY, David A. Westrup, Von Briesen & Roper, S.C., Milwakee, WI, for Defendants. MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN II, District Judge. In this case, Plaintiff, New Albany Tractor, Inc. ("New Albany Tractor") claims that Defendants, Metalcraft of Mayville, Inc. d/b/a Scag Power Equipment ("Sc... Thomas GRIFFIE, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., November 2, 2009 Roger Donald Riggs, Morgan, Madden, Brashear & Collins, London, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, EDKY, Lexington, KY, for Defendant. MEMORANDUM OPINION AND ORDER AMUL R. THAPAR, District Judge. Plaintiff Thomas Griffie ("Griffie") brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of an administrative decision of the Commissioner of Social Security ("Commissioner") denying Griffie's application for disability insurance benefits ("... Robert W. DEMONBREUM, Plaintiff, v. BUREAU OF PRISONS, et al., Defendants. , E.D.Ky., October 30, 2009 Robert W. Demonbreum, Memphis, TN, pro se. MEMORANDUM OPINION AND ORDER AMUL R. THAPAR, District Judge. Robert W. Demonbreum, currently confined in the Federal Correctional Institution located in Memphis, Tennessee, filed a pro se civil rights and tort complaint naming the following defendants: (1) The Federal Bureau of Prisons ("BOP"); (2) Dr. Pablo Cruz; whom Plaintiff identifies as Health Services Administrator at USP-Big Sandy; (3) "Mrs. Sloan," whom Plaintiff identifies as Health Servi... Linda JOHNSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., October 30, 2009 MEMORANDUM OPINION G. WIX UNTHANK, Senior Judge. INTRODUCTION Linda Johnson brought this action to obtain judicial review of an unfavorable administrative decision on her applications for Disability Insurance Benefits and Supplemental Security Income. The case is before the court on cross-motions for summary judgment. APPLICABLE LAW The Commissioner is required to follow a five-step sequential evaluation process in assessing whether a claimant is disabled. 1. Is the claimant currently engag... Erica RICE, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., October 30, 2009 Charley Greene Dixon, Jr., Barbourville, KY, for Plaintiff. John S. Osborn, III U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION G. WIX UNTHANK, Senior District Judge. INTRODUCTION Erica Rice brought this action to obtain judicial review of an unfavorable administrative decision on her application for Supplemental Security Income. The case is before the court on cross-motions for summary judgment. APPLICABLE LAW The Commissioner is required to follow a five-step se... William N. MARCUM, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., October 30, 2009 Julie A. Atkins, Atkins Law Office, Harlan, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION G. WIX UNTHANK, Senior District Judge. INTRODUCTION William Marcum brought this action to obtain judicial review of an unfavorable administrative decision on his application for Supplemental Security Income. The case is before the court on cross-motions for summary judgment. APPLICABLE LAW The Commissioner is required to follow a five... Marcella ABNER, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., October 30, 2009 MEMORANDUM OPINION G. WIX UNTHANK, Senior Judge. The plaintiff brought this action to obtain judicial review of an administrative denial of her applications for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). The appeal is currently before the court on cross-motions for summary judgment. APPLICABLE LAW The Commissioner is required to follow a five-step sequential evaluation process in assessing whether a claimant is disabled. 1. Is the claimant currently enga... Robert HIGDON, Appellant v. TIRE RECYCLING, INC., Appellee. , W.D.Ky., October 30, 2009 John W. Tullis, John W. Tullis, PSC, Owensboro, KY, for Appellant. David Cantor, Robyn R. Smith, Seiller Waterman, LLC, Louisville, KY, for Appellee. MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., District Judge. This matter is before the Court on Higdon and Higdon Trucking Company's appeal of the bankruptcy court's final order denying their motion to vacate or enforce an Agreed Order Dismissing Settled ("Agreed Order"). Fully briefed, this matter is ripe for decision. I. BACKGR... GEOSTAR CORPORATION, et al., Plaintiffs, v. AXIS REINSURANCE COMPANY, Defendant. , E.D.Ky., October 29, 2009 Brian M. Johnson, David Andrew Owen, Jason Trent Ams, Matthew A. Stinnett, Greenebaum, Doll & McDonald, PLLC, Lexington, KY, David M. Rosenfield, Mark S. Hersh, Reed Smith LLP, Chicago, IL, for Plaintiffs. David Domene, Blackburn, Domene & Burchett PLLC, Louisville, KY, Maryann C. Hayes, Michael T. Skoglund, Ommid C. Farashahi, Pamela J. Ledford, Bates & Carey LLP, Chicago, IL, for Defendant. MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, District Judge. This matter is before the Court on ... Norman David SOMERVILLE, Plaintiff v. Marvin S. PITT, et al., Defendants. , E.D.Ky., October 29, 2009 Norman David Somerville, Grove City, OH, pro se. MEMORANDUM OPINION AND ORDER KARL S. FORESTER, Senior District Judge. Norman David Somerville, who lists his address as 2889 Brookpark Circle, Grove City, Ohio, 43123, has filed a pro se civil rights action under 28 U.S.C. § 1331, pursuant to the doctrine announced in Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). Somerville has paid the $350.00 filing fee [Record No. 2]. Accordingly, this matter is before the Court f... Rita Faye BRANSCUM, Plaintiff v. Michael J. ASTRUE, Commissioner Social Security Administration, Defendant. , E.D.Ky., October 29, 2009 MEMORANDUM OPINION & ORDER DAVID L. BUNNING, District Judge. This action was brought pursuant to 42 U.S.C. § 405(g) to obtain judicial review of an administrative decision of the Commissioner of Social Security. The Court, having reviewed the record and the parties' dispositive motions, will affirm the Commissioner's decision, as it is supported by substantial evidence. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY Plaintiff Rita Faye Branscum applied for supplemental security income (SSI) b... UNITED STATES of America, Plaintiff v. Kenneth L. WILLIAMS, et al., Defendants. , W.D.Ky., October 29, 2009 Ann Claire Phillips, U.S. Attorney Office, Louisville, KY, for Plaintiff. Laura R. Wyrosdick, Western Kentucky Federal Community Defender, Inc., Louisville, KY, for Defendants. MEMORANDUM OPINION AND ORDER CHARLES R. SIMPSON, III, District Judge. This matter is before the court on motions of the defendants, Sky Greenlee, Darren Williams, Michael Allen Ford, Christopher Allen Kittrell, Kenneth L. Williams, Frederick Malone, and James Quisenberry, for severance of counts and/or defendants ... Robert POTTS, II, Plaintiff v. Alan SHREWSBURY et al., Defendants. , W.D.Ky., October 29, 2009 Robert Potts, II, Hardinsburg, KY, pro se. MEMORANDUM OPINION THOMAS B. RUSSELL, Chief Judge. Plaintiff, Robert Potts, II, filed a pro se, in forma pauperis complaint pursuant to 42 U.S.C. § 1983 (DN 1). This matter is before the Court for screening pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir.1997). For the reasons set forth below, the action will be dismissed in part and allowed to proceed in part. I. SUMMARY OF CLAIMS Plaintiff is a pretrial detainee... Clarence A. HILL, Jr., Plaintiff v. DAVIESS COUNTY DETENTION CENTER et al., Defendants. , W.D.Ky., October 29, 2009 Clarence A. Hill, Jr., Owensboro, KY, pro se. MEMORANDUM OPINION JOSEPH H. McKINLEY, JR., District Judge. This matter is before the Court on preliminary review of the complaint pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir.1997). For the reasons that follow, the instant action will be dismissed. I. Plaintiff brings this suit under 42 U.S.C. § 1983 against the Daviess County Detention Center (DCDC), Deputy Lt. J. Jones, Deputy C. Payne, and Deputy J. Alsi... Calvin Elijah RIDEOUT, Plaintiff v. DAVIESS COUNTY DETENTION CENTER, Defendant. , W.D.Ky., October 29, 2009 Calvin Elijah Rideout, Owensboro, KY, pro se. MEMORANDUM OPINION JOSEPH H. McKINLEY, Jr., District Judge. Plaintiff Calvin Elijah Rideout, a pretrial detainee at the Daviess County Detention Center, filed a pro se complaint pursuant to 42 U.S.C. § 1983 against the detention center. This matter is before the Court for preliminary review of the complaint pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir.1997). For the reasons that follow, the Court will dismiss ... HOLLEY PERFORMANCE PRODUCTS, INC., Plaintiff v. KEYSTONE AUTOMOTIVE OPERATIONS, INC., Defendant. , W.D.Ky., October 29, 2009 E. Kenly Ames, English, Lucas, Priest & Owsley LLP, Bowling Green, KY, Rachel E. A. Atterberry, Todd J. Ohlms, Freeborn & Peters LLP, Chicago, IL, for Plaintiff. Charles M. Pritchett, Jr., Christopher G. Johnson, Frost Brown Todd LLC, Louisville, KY, for Defendant. MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Plaintiff, Holley Performance Products, Inc.'s ("Holley"), Motion to Dismiss Counts II, III, and IV of Defendant's Counterclaim... UNITED STATES of America, Plaintiff v. Thomas A. TURNER, Defendant. , W.D.Ky., October 29, 2009 James Russell Lesousky, Jr., U.S. Attorney Office, Louisville, KY, for Plaintiff. MEMORANDUM OPINION & ORDER THOMAS B. RUSSELL, Chief Judge. This matter comes before the Court upon Defendant's Motion to Preclude Government's Expert Witness, or for a Daubert Hearing (DN 45), and Defendant's Motion in Limine (DN 46). Plaintiff has responded (DN 47 & DN 48). Defendant replied with respect to the Motion in Limine (DN 52). This matter is now ripe for adjudication. For the reasons that follow, De... UNITED STATES of America, Plaintiff, v. Calvin Lee GODDARD, Defendant. , E.D.Ky., October 29, 2009 Ron L. Walker, Jr., U.S. Attorney's Office, Lexington, KY, for Plaintiff. Adele Burt Brown, Lexington, KY, for Defendant. MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is before the Court on the Motion of Petitioner Calvin Goddard for an Emergency Court Order, in which he asks the Court to enter an order directing the Bureau of Prisons to schedule a surgical consultation and surgery for him on an expedited basis. Having carefully considered the motion an... Glendal BELLOU, et al., Plaintiffs v. UNITED STATES of America, Defendant. , W.D.Ky., October 29, 2009 James W. Dunn, III, Connelly Kaercher Law Offices, Louisville, KY, for Plaintiffs. Brady Miller, U.S. Attorney Office, Louisville, KY, for Defendant. MEMORANDUM OPINION CHARLES R. SIMPSON, III, District Judge. This matter is before the court on motion of the United States to dismiss the action for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1). (DN 20). The factual allegations in the complaint are not in dispute. Therefore, the court will construe the complaint liberally, and... Marlon JOHNSON, Plaintiff v. William BAKER, et al., Defendants. , W.D.Ky., October 29, 2009 Stephen P. Imhoff, W. Kenneth Nevitt, Nevitt Law Office, Louisville, KY, for Defendants. Charles E. English, Jr., English, Lucas, Priest & Owsley LLP, Matthew M. McGill, Bowling Green, KY, Bobby H. Richardson, John B. Gardner, Richardson, Gardner, Barrickman & Alexander, Glasgow, KY, for Plaintiff. MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, District Judge. This matter is before the Court upon Defendants' Motion in Limine to Exclude David Smith's Testimony (Docket # 67). Plaintiff ha... Nathaniel STANLEY, et al., Plaintiffs v. INSIGHTS TRAINING GROUP, LLC, et al., Defendants. , W.D.Ky., October 29, 2009 Mark G. Hall, Mark G. Hall, PSC, Louisville, KY, for Plaintiffs. Augustus S. Herbert, Kenneth S. Handmaker, Laura B. Grubbs, Middleton Reutlinger, Louisville, KY, for Defendants. MEMORANDUM OPINION AND ORDER CHARLES R. SIMPSON III, District Judge. This matter is before the court on motion of the defendant, William Houston, to dismiss the action as to him (DN 6) and motion of the plaintiffs, Nathaniel Stanley and Darla Flannery, to remand the action to state court (DN 10). The court fi... Gary REAMS, Plaintiff v. AT & T CORPORATION, et al., Defendants. , W.D.Ky., October 29, 2009 Kurt A. Scharfenberger, Louisville, KY, for Plaintiff. Cheryl R. Winn, Sheldon Snipe, Bellsouth Telecommunications, Inc., Atlanta, GA, for Defendants. MEMORANDUM OPINION AND ORDER CHARLES R. SIMPSON, III, District Judge. This matter is before the court on motion of the plaintiff, Gary Reams, to remand the action to the Jefferson County, Kentucky, Circuit Court. Reams has named AT & T Corporation and Travis Profitt, Reams' former supervisor, in this action. The corporate defendant indi... NATIONAL CITY BANK, Plaintiff v. Douglas T. BREEDEN, Defendant. , W.D.Ky., October 29, 2009 Erika R. Barnes, Stites & Harbison, PLLC, Louisville, KY, for Plaintiff. Douglas C. Ballantine, John T. Ballantine, Justin D. Clark, Stoll Keenon Ogden PLLC, Louisville, KY, for Defendant. MEMORANDUM OPINION AND ORDER CHARLES R. SIMPSON, District Judge. This matter is before the court on motion of the defendant, Douglas T. Breeden, to transfer the action to the United States District Court for the Middle District of North Carolina, pursuant to 28 U.S.C. § 1404(a). In this action, Nationa... Jonathan Lee RICHES a/k/a Bernard Madoff, d/b/a Steven Michael Rubinstein, Plaintiff v. HARVARD BUSINESS REVIEW d/b/a Harvard Business School Publishing Corp. a/k/a HBR.ORG et al., Defendants. , W.D.Ky., October 29, 2009 Jonathan Lee Riches, Lexington, KY, pro se. MEMORANDUM OPINION JOSEPH H. McKINLEY, JR., District Judge. Plaintiff Jonathan Lee Riches is a convicted federal prisoner currently incarcerated at the Federal Medical Center in Lexington, Kentucky, which is located in the Eastern District of Kentucky. Plaintiff filed the instant pro se civil action against Harvard Business Review and twenty-two other Defendants that he collectively refers to as "Media Editors." In his handwritten complaint, he al... Marlon JOHNSON, Plaintiff v. William BAKER, et al., Defendants. , W.D.Ky., October 29, 2009 W. Kenneth Nevitt, Nevitt Law Office, Stephen P. Imhoff, Louisville, KY, Plaintiff. Charles E. English, Jr., Matthew M. McGill, English, Lucas, Priest & Owsley LLP, Bowling Green, KY, Bobby H. Richardson, John B. Gardner, Richardson, Gardner, Barrickman & Alexander, Glasgow, KY, for Defendants. MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Plaintiff's Fourth, Fifth, Sixth, and Seventh Motions in Limine (Docket # 51, 53, 54, 58). Defenda... Larry Ray PENWELL, Plaintiff v. Jamie MARKHAM and Joseph Drawdy, Defendants. , W.D.Ky., October 28, 2009 Larry Ray Penwell, Sandy Hook, KY, pro se. Darren T. Sammons, Jackson Kelly PLLC, Lexington, KY, for Defendants. MEMORANDUM OPINION THOMAS B. RUSSELL, Chief Judge. This matter is before the Court on Defendants, Jamie Markham, LPN, and Joseph Drawdy, ARNP's, [FN1] Motion for Summary Judgment (Docket # 17). The Plaintiff, Larry Ray Penwell has filed no response. This matter is now ripe for adjudication. For the following reasons, Defendants' Motion for Summary Judgment is GRANTED. ... Angela ROOT, Plaintiff, v. Michael J. ASTURE, Commissioner of Social Security, Defendant. , E.D.Ky., October 28, 2009 Roger Donald Riggs, Morgan, Madden, Brashear & Collins, London, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION AND ORDER AMUL R. THAPAR, District Judge. The plaintiff, Angela Root, brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of an administrative decision of the defendant, Commissioner of Social Security ("Commissioner"), which denied her July 3, 2006, applications for disability insurance b... Jim HYDE, Plaintiff v. DAYTON, KENTUCKY CITY ADMINISTRATION, et al, Defendants. , E.D.Ky., October 28, 2009 MEMORANDUM OPINION and ORDER WILLIAM O. BERTELSMAN, District Judge. On October 26, 2009, oral argument was held on the plaintiff's motions for summary judgment (Docs. 37 & 38) and defendants' motion for summary judgment (Doc. 36). Robert Poole represented the plaintiff and Jeffrey Mando represented the defendants. Official court reporter Joan Averdick recorded the proceedings. This is a § 1983 action brought by the plaintiff against the defendants for their involvement in removing his pers... William J.R. EMBREY, Petitioner v. E.K. CAULEY, Warden, Respondent. , E.D.Ky., October 28, 2009 William J.R. Embrey, Ashland, KY, pro se. MEMORANDUM OPINION AND ORDER HENRY R. WILHOIT JR., District Judge. William J.R. Embrey is confined in the Federal Correctional Institution located in Ashland, Kentucky. Embrey has filed a pro se Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 and has paid the District Court filing fee of $5.00 [[Record No. 2]. This matter is now ready for screening. 28 U.S.C. § 2243; Harper v. Thoms, 2002 WL 31388736, * 1 (6th Cir.2002). As the Petition... Phillip GARNETT and Marsha Garnett, Plaintiffs v. NAU COUNTRY INSURANCE COMPANY, Defendant. , W.D.Ky., October 27, 2009 James G. Adams, III, Thomas & Arvin, Hopkinsville, KY, for Plaintiffs. Steven D. Pattee, Pattee & Associates, LLC, Lakeville, MN, Noel Halpin, Schiller Osbourne Barnes & Maloney, PLLC, Louisville, KY, for Defendant. MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Distric Judge. This matter comes before the Court upon Plaintiffs' Motion for Partial Summary Judgment on the Pleadings for Resolve of Counts I and II that the Arbitration Award Entered May 5, 2009, is Void Ab Initio (DN 1... Charles F. MILLER, Plaintiff, v. Michael J. ASTURE, Commissioner of Social Security, Defendant. , E.D.Ky., October 27, 2009 Eric Christopher Conn, Eric C. Conn, P.S.C., Stanville, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Lexington, KY, for Defendant. MEMORANDUM OPINION AND ORDER AMUL R. THAPAR, District Judge. The plaintiff, Charles F. Miller, brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of an administrative decision of the defendant, Commissioner of Social Security ("Commissioner"), which denied his August 30, 2006, applications for disability insurance ... Darlene GIBSON, Plaintiff v. SANOFI-AVENTIS U.S., LLC, Defendant. , W.D.Ky., October 27, 2009 John W. Byrnes, Byrnes Law Office, Louisville, KY, for Plaintiff. Harvey Kaplan, Jon Strongman, Matthew T. Nickel, Shook, Hardy & Bacon, LLP, Kansas City, MO, Patrick Shane O'Bryan, Dinsmore & Shohl, Louisville, KY, for Defendant. MEMORANDUM OPINION CHARLES R. SIMPSON, III, District Judge. This matter is before the court on motions of the defendant, sanofi- aventis U.S., LLC ("sanofi"), to exclude the causation opinions of experts Dr. George C. Rodgers and Dr. Rukmaiah Bhupalam (DN 44), ... Robert Lewis BAAR, Plaintiff v. JEFFERSON COUNTY BOARD OF EDUCATION, et al., Defendants. , W.D.Ky., October 27, 2009 Daniel T. Taylor, III, Prospect, KY, for Plaintiff. Byron E. Leet, Christopher Tyson Gorman, Wyatt, Tarrant & Combs LLP, Louisville, KY, for Defendants. MEMORANDUM OPINION JOHN G. HEYBURN, II, District Judge. Plaintiff, Robert Baar, is a high school science teacher for the Jefferson County Public Schools ("JCPS"), who brought this suit challenging the constitutionality of certain disciplinary actions taken against him. Defendants are as follows: (1) The Jefferson County Board of Educatio... Timothy A. GOGNAT, Plaintiff v. Chet J. ELLSWORTH; Joanne Ellsworth; and John Does 1-5, Defendants. , W.D.Ky., October 26, 2009 C. Thomas Miller, James A. Sigler, Whitlow, Roberts, Houston & Straub, PLLC, Paducah, KY, for Plaintiff. B. Todd Wetzel, Princeton, KY, for Defendants. MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Defendant, JoAnne Ellsworth's ("Ms.Ellsworth"), Motion to Dismiss for Lack of Personal Jurisdiction (Docket # 14). The Plaintiff, Timothy Gognat ("Gognat"), has filed a response (Docket # 23). The Defendant has filed a reply (Docket # 29). T... Paul A. MIDDLEBROOKS, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Ky., October 26, 2009 Julie Atkins, Atkins Law Office, Harlan, KY, for Plaintiff. James H. Barr, U.S. Attorney Office, Louisville, KY, for Defendant. MEMORANDUM OPINION EDWARD H. JOHNSTONE, Senior District Judge. Before the Court is the complaint of Paul Middlebrooks ("Plaintiff" or "Claimant") seeking judicial review of the final decision of the Commissioner pursuant to 42 U.S.C. Section 405(g). After examining the administrative record ("Tr."), the arguments of the parties, and the applicable authorities, ... Jeffrey H. HUGHES, Plaintiff v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Ky., October 26, 2009 Eileen L. Ordover, Legal Aid Society, Louisville, KY, for Plaintiff. James H. Barr, U.S. Attorney Office, Louisville, KY, for Defendant. MEMORANDUM OPINION EDWARD H. JOHNSTONE, Senior District Judge. Before the Court is the complaint of Jeffrey Hughes ("Plaintiff" or "Claimant") seeking judicial review of the final decision of the Commissioner pursuant to 42 U.S.C. Section 405(g). After examining the administrative record ("Tr."), the arguments of the parties, and the applicable authori... Marlon JOHNSON, Plaintiff v. William BAKER, et al., Defendants. , W.D.Ky., October 26, 2009 Stephen P. Imhoff, Louisville, KY, W. Kenneth Nevitt, Nevitt Law Office, Louisville, KY, for Plaintiff. Charles E. English, Jr., Matthew M. McGill, English, Lucas, Priest & Owsley LLP, Bowling Green, KY, Bobby H. Richardson, John B. Gardner, Richardson, Gardner, Barrickman & Alexander, Glasgow, KY, for Defendants. MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief District Judge. This matter is before the Court upon Plaintiff's Motion in Limine to Exclude Evidence Relating to Plaintif... Guillermo HERRERA, Plaintiff v. CHURCHILL McGEE, LLC, et al., Defendants. , E.D.Ky., October 26, 2009 Cori Allison Hash, Lexington, KY, Michael J. O'Hara, Roula Allouch, O'Hara, Ruberg, Taylor, Sloan & Sergent, Covington, KY, for Plaintiff. Mason L. Miller, William Edward Messer, Miller & Wells, PLLC, Lexington, KY, for Defendant. OPINION & ORDER KARL S. FORESTER, Senior Judge. Currently before the Court is the motion of the defendants, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, for entry of partial Judgment on the Pleadings against the plaintiff on Counts II and II... WESTPORT INSURANCE CORP., Plaintiff v. Donald MUDD and Martha Towe, Defendants. , W.D.Ky., October 26, 2009 Dan M. Newman, Reminger & Reminger Co., LPA, Cincinnati, OH, Mark R. Bush, Reminger & Reminger Co., LPA, Florence, KY, for Plaintiff. Dennis A. Hardin, Dennie Hardin & Associates, Steven O. Thornton, Bowling Green, KY, for Defendants. MEMORANDUM OPINION & ORDER THOMAS B. RUSSELL, Chief District Judge. This matter comes before the Court upon Plaintiff's Motion for Partial Summary Judgment (DN 18). Defendants have responded (DN 20 & 21), and Plaintiff has replied (DN 24 & 25). This matter ... Jamie RAKES, Plaintiff v. O'REILLY AUTOMOTIVE, INC. Edwin Coy, Defendants. , W.D.Ky., October 26, 2009 Kurt A. Scharfenberger, Louisville, KY, for Plaintiff. Timothy L. Edelen, Bell, Orr, Ayers & Moore, PSC, Bowling Green, KY, for Defendants. MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN II, District Judge. This matter is before the Court upon Plaintiff Jamie Rakes' ("Rakes") Motion to Remand to Jefferson Circuit Court and Defendants' Motion to Dismiss Edwin Coy. Plaintiff argues remand is required because of the absence of complete diversity of citizenship. Defendants O'Reilly Automotive,... UNITED STATES of America, Plaintiff v. Gabriel Navarro MORALES, Defendant. , E.D.Ky., October 23, 2009 Stephen C. Smith, U.S. Attorney's Office, London, KY, for Plaintiff. Paul K. Croley, II, Croley & Associates, London, KY, for Defendant. OPINION AND ORDER KAREN K. CALDWELL, District Judge. This matter is before the Court on the Defendant's Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 (DE 153) and the Magistrate Judge's Recommended Disposition (DE 162) which recommends that the Defendant's motion be denied. I. FACTS. A. The Defendant's State and Federal Sente... James COOLEY, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Ky., October 23, 2009 Eric Christopher Conn, Eric C. Conn, P.S.C., Stanville, KY, for Plaintiff. John S. Osborn, III, U.S. Attorney's Office, Edky, Lexington, KY, Defendant. MEMORANDUM OPINION AND ORDER AMUL R. THAPAR, District Judge. Plaintiff James Cooley ("Cooley") brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of an administrative decision of the Commissioner of Social Security ("Commissioner") denying Cooley's application for disability insurance benefits ("DIB"). Because... Marlon JOHNSON, Plaintiff v. William BAKER, et al., Defendants. , W.D.Ky., October 23, 2009 Stephen P. Imhoff, W. Kenneth Nevitt, Nevitt Law Office, Louisville, KY, Plaintiff. Charles E. English, Jr., Matthew M. McGill, English, Lucas, Priest & Owsley LLP, Bowling Green, KY, Bobby H. Richardson, John B. Gardner, Richardson, Gardner, Barrickman & Alexander, Glasgow, KY, for Defendants. MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Plaintiff's Motions in Limine (Docket # 30, 35) and Plaintiff's Motion to Allow Jurors to View Ja... Richard B. VAN ETTEN, Plaintiff v. BOSTON SCIENTIFIC CORPORATION, Defendant. , W.D.Ky., October 23, 2009 J. Leonard Rosenberg, Michael L. Boylan, Louisville, KY, for Plaintiff. Christopher W. Haden, John Lewis Tate, Stites & Harbison, PLLC, Louisville, KY, for Defendant. MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN II, District Judge. Plaintiff in this defective medical device products liability case has moved to remand on the grounds that his claim does not meet the amount in controversy requirements for federal jurisdiction. Defendant, Boston Scientific, opposes the remand primarily on th... Sharetta LEE, Plaintiff v. A & W PRITCHARD ENTERPRISES, INC., et al., Defendants. , W.D.Ky., October 23, 2009 Sharetta L. Lee, Louisville, KY, pro se. Charles M. Green, Louisville, KY, pro se. Katherine H. Whitten, Cheryl E. Bruner, E.On US, LLC, David R. Monohan, Patrick Shane O'Bryan, Woodward, Hobson & Fulton, LLP, Louisville, KY, for Defendants. MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. This case is on remand from the Sixth Circuit Court of Appeals. Only one claim remains: Plaintiff, Sharetta Lee's allegation against A & W Pritchard Enterprises, Inc., Walter Pritch... Robert L. BROWN v. Edward J. GALLEGOS, Warden. , W.D.Ky., October 23, 2009 Robert Lee Brown, Beaver, WV, pro se. Dennis William Shepherd, Kentucky Attorney General-Office of Criminal Appeals, Frankfort, KY, for Defendant. MEMORANDUM OPINION EDWARD H. JOHNSTONE, Senior District Judge. This case presents plaintiff Robert Brown's claim, pursuant to 28 U.S.C. Sec. 2254, that he is incarcerated in violation of the Constitution and laws of the United States. The Court referred the case to the United States Magistrate Judge, who has prepared a Report and Recommendatio... Freddy S. CAMPBELL, Plaintiff v. CREDIT BUREAU SYSTEMS, INC., Defendants. , E.D.Ky., October 23, 2009 Freddy. S. Campbell, Lexington, KY, pro se. Brian S. Katz, Law Office of Brian S. Katz, Paducah, KY, for Defendants. OPINION & ORDER KARL S. FORESTER, Senior District Judge. This matter is currently before the Court upon the motion of the plaintiff, Freddy S. Campbell, to alter or amend the Court's Opinion & Order of September 9, 2009 granting the defendants' motion to dismiss and/or for summary judgment [DE # 88]. Specifically, Campbell argues that the Court erred in determining that de... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com