U.S. District Courts - Missouri ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCommunicationsCriminal JusticeEducationEnergyFamily LawFinance & BankingGovernment BenefitsGovernment ContractsHealth & MedicineInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMaritime LawMilitary LawPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTaxationTransportation The WEITZ COMPANY, L.L.C., Plaintiff/Third-Party Plaintiff v. MacKENZIE HOUSE, L.L.C. and MH Metropolitan, L.L.C., Defendants/Counterclaimants, Arrowhead Contracting, Inc., Concorde Construction Company, Inc., Polar Aire Heating and Cooling Servic, W.D.Mo., November 19, 2009 ORDER AND OPINION DENYING ARROWHEAD CONTRACTING, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT ORTRIE D. SMITH, District Judge. Pending is a Motion for Partial Summary Judgment filed by Third-Party Defendant Arrowhead Contract, Inc. ("Arrowhead"). The motion (Doc. # 344) is denied. Plaintiff was the general contractor on construction project, and Arrowhead was one of the subcontractors. In December 2006, Plaintiff stopped work because three applications for interim payments were not paid. Defend... The WEITZ COMPANY, L.L.C., Plaintiff/Third-Party Plaintiff v. MacKENZIE HOUSE, L.L.C. and MH Metropolitan, L.L.C., Defendants/Counterclaimants, Arrowhead Contracting, Inc., Concorde Construction Company, Inc., Polar Aire Heating and Cooling Servic, W.D.Mo., November 19, 2009 ORDER AND OPINION DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT WITH RESPECT TO CLAIMS INVOLVING THIRD-PARTY DEFENDANT ARROWHEAD CONTRACTING, INC. ORTRIE D. SMITH, District Judge. Plaintiff filed a Motion for Summary Judgment (Doc. # 347) and six different Suggestions in Support, each addressing various parties and various claims. In this Order, the Court addresses the arguments regarding Arrowhead Contracting, Inc. ("Arrowhead"), which are contained in Document Number 353 on the Do... The WEITZ COMPANY, L.L.C., Plaintiff/Third-Party Plaintiff v. MacKENZIE HOUSE, L.L.C. and MH Metropolitan, L.L.C., Defendants/Counterclaimants, Arrowhead Contracting, Inc., Concorde Construction Company, Inc., Polar Aire Heating and Cooling Servic, W.D.Mo., November 19, 2009 ORDER AND OPINION DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT WITH RESPECT TO CLAIMS INVOLVING THIRD-PARTY DEFENDANT HORIZON PLUMBING, INC. ORTRIE D. SMITH, District Judge. Plaintiff filed a Motion for Summary Judgment (Doc. # 347) and six different Suggestions in Support, each addressing various parties and various claims. In this Order, the Court addresses the arguments regarding Horizon Plumbing, Inc. ("Horizon"), which are contained in Document Number 356 on the Docket Sheet. ... The WEITZ COMPANY, L.L.C., Plaintiff/Third-Party Plaintiff v. MacKENZIE HOUSE, L.L.C. and MH Metropolitan, L.L.C., Defendants/Counterclaimants, Arrowhead Contracting, Inc., Concorde Construction Company, Inc., Polar Aire Heating and Cooling Servic, W.D.Mo., November 19, 2009 ORDER AND OPINION DENYING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT ORTRIE D. SMITH, District Judge. Pending is Defendants' Motion for Summary Judgment. The Court concludes there are disputed issues of material fact that preclude summary judgment, so the motion (Doc. # 354) is denied. This suit arises from a construction contract. Plaintiff was engaged to construct one or more buildings, and one or both Defendants were obligated to pay Plaintiff. Plaintiff stopped work on or about De... The WEITZ COMPANY, L.L.C., Plaintiff/Third-Party Plaintiff v. MacKENZIE HOUSE, L.L.C. and MH Metropolitan, L.L.C., Defendants/Counterclaimants, Arrowhead Contracting, Inc., Concorde Construction Company, Inc., Polar Aire Heating And Cooling Servic, W.D.Mo., November 19, 2009 ORDER AND OPINION GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT WITH RESPECT TO CLAIMS INVOLVING THIRD-PARTY DEFENDANT CONCORDE CONSTRUCTION COMPANY, INC. ORTRIE D. SMITH, District Judge. Plaintiff filed a Motion for Summary Judgment (Doc. # 347) and six different Suggestions in Support, each addressing various parties and various claims. In this Order, the Court addresses the arguments regarding Concorde Construction Company, Inc. ("Concorde"), which are contained in Document Numb... Thomas JOHNSON, Movant, v. UNITED STATES of America, Respondent. , W.D.Mo., November 18, 2009 David Detar Newbert, United States Attorney's Office, Kansas City, MO, for Movant. ORDER DENYING MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE GARY A. FENNER, District Judge. Presently before the Court is Movant Thomas Johnson's ("Johnson") Motion to Vacate, Set Aside, or Correct Sentence filed pursuant to 28 U.S.C. § 2255. (Doc. # 1). Johnson seeks relief from his sentence on the ground of ineffective assistance of counsel. Id. For the following reasons, Johnson's Motion is DENIED. I. F... Hilda L. SOLIS, Secretary of Labor, United States Department of Labor, Plaintiff, v. FIRSTCALL STAFFING SOLUTIONS, INC.; Gina M. Hilton, individually; and Beatrice Gray, individually, Defendants. , W.D.Mo., November 18, 2009 ORDER AND OPINION (1) GRANTING IN PART AND DENYING IN PART PLAINTIFF HILDA L. SOLIS' MOTION FOR SUMMARY JUDGMENT; (2) DENYING DEFENDANTS FIRST CALL STAFFING SOLUTIONS, INC. AND GINA M. HILTON'S MOTION FOR SUMMARY JUDGMENT; AND (3) DENYING DEFENDANT BEATRICE GRAY'S MOTION FOR SUMMARY JUDGMENT ORTRIE D. SMITH, District Judge. Pending is a motion for summary judgment (Doc. # 76) filed by Plaintiff Hilda L. Solis, Secretary of Labor (the Secretary), United States Department of Labor (DOL). Also p... UNITED STATES of America, Plaintiff, v. Edward W. JEFFERSON, Defendant. , W.D.Mo., November 18, 2009 Amy B. Marcus, U.S. Attorney's Office, Kansas City, MO, for Plaintiff. Patrick William Peters, Law Office of Patrick W. Peters, Kansas City, MO, for Defendant. ORDER DEAN WHIPPLE, District Judge. Before the Court is Magistrate Judge John T. Maughmer's Report and Recommendations (Doc. 48) denying Defendant's Motions to Suppress (Doc. 34). Defendant filed no objections to the Report and Recommendation. After an independent review of the record, the applicable law and the parties' arguments... SPEAKS FAMILY LEGACY CHAPELS, INC. and Lawlor Funeral Home, Ltd., on behalf of themselves and all others similarly situated, Plaintiffs, v. NATIONAL HERITAGE ENTERPRISES, INC., et. al., Defendants. , W.D.Mo., November 18, 2009 ORDER NANETTE K. LAUGHREY, District Judge. Defendants David R. Wulf and Wulf, Bates, & Murphey, Inc., have filed this motion to reconsider the Court's Order denying Defendants' Rule 19 Motions [Doc. # 165]. For the reasons stated below, the Court denies Defendants' motion. I. Background James & Gahr Mortuary, Inc. ("James & Gahr"), was the original plaintiff in this putative class action. It sought to certify a class consisting of itself and other funeral homes which had acted as agents fo... Mark SKILLINGTON, Plaintiff, v. ACTIVANT SOLUTIONS, INC., Defendant. , E.D.Mo., November 17, 2009 Eli Karsh, Liberman & Goldstein, Mark A. Potashnick, Weinhaus and Potashnick, St. Louis, MO, for Plaintiff. Kimberly A. Yates, Patricia J. Martin, Littler Mendelson, P.C., St. Louis, MO, for Defendant. MEMORANDUM OPINION MARY ANN L. MEDLER, United States Magistrate Judge. Before the court is the Motion for Summary Judgment filed by Defendant Activant Solutions, Inc. ("Defendant"). Doc. 22. Plaintiff filed a Response. Doc. 26. Defendant filed a Reply. Doc. 28. Plaintiff filed a Sur Reply.... ST. CHARLES TOWER, INC., Plaintiff, v. COUNTY OF FRANKLIN, MISSOURI and Franklin County Board of Zoning Adjustment, Defendants. , E.D.Mo., November 17, 2009 Eric D. Martin, Husch Blackwell Sanders, LLP, St. Louis, MO, for Plaintiff. Robert J. Krehbiel, King, Krehbiel, Hellmich & Borbonus, LLC, St. Louis, MO, Steven R. White, Purschke and White, LLC, Union, MO, for Defendants. ORDER DONALD J. STOHR, District Judge. Now before the Court is the joint motion of plaintiff St. Charles Tower, Inc. and the two Franklin County defendants for entry of a consent judgment resolving the matters at issue in plaintiff's complaint. Also before the Court is ... LOCAL 513, International Union of Operating Engineers, AFL-CIO, et al., Plaintiffs, v. ARROW TRENCHING, Inc., Defendant. , E.D.Mo., November 17, 2009 James R. Kimmey, III, Bartley Goffstein, LLC, St. Louis, MO, for Plaintiffs. ORDER TO SHOW CAUSE CHARLES A. SHAW, District Judge. This matter is before the Court on plaintiffs' motion for contempt against defendant Arrow Trenching, Inc., through its president. Plaintiffs' motion is accompanied by an affidavit of counsel. Background. Plaintiffs Local 513 International Union of Operating Engineers, AFL-CIO, its associated funds and their Trustees (collectively "plaintiffs") filed this acti... Thomas O'BRIEN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Mo., November 17, 2009 Jeffrey J. Bunten, St. Louis, MO, for Plaintiff. Nicholas P. Llewellyn, Office of U.S. Attorney, St. Louis, MO, for Defendant. ORDER THOMAS C. MUMMERT, III, United States Magistrate Judge. This 42 U.S.C. § 405(g) action for judicial review of the final decision of Michael J. Astrue, the Commissioner of Social Security ("Commissioner"), denying the application of Thomas O'Brien ("Plaintiff") for supplemental security income benefits under Title XVI of the Social Security Act ("the Act"), ... Emily ROBERTS, et. al., Plaintiffs, v. The SOURCE FOR PUBLIC DATA, et. al., Defendants. , W.D.Mo., November 17, 2009 Don P. Saxton, Keith Christopher Lamb, Mitchell L. Burgess, Burgess & Lamb, PC, Ralph K. Phalen, Ralph K. Phalen, Attorney at Law, Kansas City, MO, Timothy M. McDuffey, Bergmanis & McDuffey, Camdenton, MO, for Plaintiffs. John B. Boyd, Brianne Niemann, Boyd & Kenter, P.C., Kansas City, MO, John E. Collins, Burleson Pate & Gibson, Dallas, TX, Alana M. Barragan- Scott, Missouri Department of Revenue Director's Office, Mark E. Long, Missouri Attorney General's Office, Jefferson City, MO, Mauree... Michelle M. GLOTH, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Mo., November 17, 2009 Yvonne Marie Ernzen, Overland Park, KS, for Plaintiff. Frances Reddis, U.S. Attorney's Office, OGCSSAR7, Office of General Counsel-SSA Region 7, Kansas City, MO, for Defendant. ORDER NANETTE K. LAUGHREY, District Judge. Plaintiff Michelle M. Gloth ("Plaintiff") challenges the Social Security Commissioner's ("Commissioner") denial of her claim for Supplemental Security Income under the Social Security Act ("Act"), 42 U.S.C. § 1381 et seq. On August 27, 2008, following an administrative he... James Maurice SMITH, Petitioner, v. Marty C. ANDERSON, Warden, United States Medical Center for Federal Prisoners, Respondent. , W.D.Mo., November 17, 2009 ORDER AND JUDGMENT RICHARD E. DORR, District Judge. Pursuant to the governing law and in accordance with Local Rule 72.1 of the United States District Court for the Western District of Missouri, the petition herein for a writ of habeas corpus was referred to the United States Magistrate for preliminary review under the provisions of 28 U.S.C. § 636(b). The United States Magistrate has completed his preliminary review of the petition and has submitted to the undersigned a report and recomme... UNITED STATES of America, Plaintiff, v. Norma D. MANKE, Defendant. , W.D.Mo., November 17, 2009 Linda Parker Marshall, United States Attorney's Office, Kansas City, MO, for Plaintiff. Ronald L. Hall, Overland Park, KS, for Defendant. ORDER FERNANDO J. GAITAN, JR., Chief Judge. Currently pending before the Court is defendant's Petition for a Writ of Error Coram Nobis and Request for Immediate Stay of Any Proceedings (Doc. # 70). Defendant presents three arguments in her Petition: 1) the Court lacked jurisdiction ab initio due to the fact that no quorum was in place when the House... Vance Ray MOLLER, Plaintiff, v. David Alan MULLENS, et al., Defendants. , E.D.Mo., November 16, 2009 Vance Ray Moller, Bonne Terre, MO, pro se. MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR., District Judge. This matter is before the Court upon the motion of Vance Moller (registration no. 180887), an inmate at Eastern Reception, Diagnostic and Correctional Center, for leave to commence this action without payment of the required filing fee [Doc. # 2]. For the reasons stated below, the Court finds that plaintiff does not have sufficient funds to pay the entire filing fee and will assess an ... LASCO FOODS, INC., Plaintiff, v. HALL AND SHAW SALES, MARKETING & CONSULTING LLC, Charles R. Shaw, and Ronald N. Hall, Defendants. , E.D.Mo., November 16, 2009 Burton D. Garland, Jr., Nathan J. Plumb, Rodney A. Harrison, Ogletree and Deakins, St. Louis, MO, for Plaintiff. Brian E. McGovern, Bryan M. Kaemmerer, McCarthy and Leonard, Chesterfield, MO, for Defendants. MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Plaintiff's Motion to Dismiss Defendants' Counterclaims ("Motion"). (Doc. No. 40). This matter is fully briefed and ready for disposition. BACKGROUND Plaintiff, Lasco Foods, Inc. ("Lasco") manuf... James T. EDGAR, Plaintiff, v. Larry CRAWFORD, et al., Defendants. , W.D.Mo., November 16, 2009 James T. Edgar, Jefferson City, MO, pro se. Emily A. Dodge, Missouri Attorney General, Jefferson City, MO, for Defendant. ORDER SCOTT O. WRIGHT, Senior District Judge. On July 14, 2009, United States Magistrate Judge William A. Knox recommended that defendants' motion to dismiss be granted. The parties were advised they could file written exceptions to the recommendation, pursuant to 28 U.S.C. § 636(b)(1)(C). The court has conducted a de novo review of the record, including the except... Mark HAMMETT, Register No. 154743, Plaintiff, v. J. COFIELD, et al., Defendants. , W.D.Mo., November 16, 2009 ORDER SCOTT O. WRIGHT, Senior District Judge. On October 22, 2009, United States Magistrate Judge William A. Knox recommended dismissing plaintiff's claims. The parties were advised they could file written exceptions to the recommendation, pursuant to 28 U.S.C. § 636(b)(1). The court has conducted a de novo review of the record, including plaintiff's November 3, 2009 filing titled "Motion For Reconsideration: To Amend," which is treated as exceptions. The issues raised in plaintiff's excep... UNITED STATES of America, Plaintiff, v. Maurice LEE, Defendant. , E.D.Mo., November 16, 2009 ORDER DONALD J. STOHR, District Judge. On October 16, 2002, defendant Maurice Lee pled guilty before this Court to a charge of conspiracy to distribute and to possess with the intent to distribute controlled substances including heroin, cocaine and cocaine base. On January 3, 2003, the Court sentenced Lee to 168 months' imprisonment to be followed by a five-year term of supervised release. Defendant's Total Offense Level was 33, and the Criminal History Category was I, yielding a Sentencing G... Willie ROBINSON, Plaintiff, v. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, Defendant. , E.D.Mo., November 16, 2009 Willie Robinson, Sikeston, MO, pro se. Alicia O'Connell, Missouri Department of Transportation, Jefferson City, MO, for Defendant. MEMORANDUM STEPHEN N. LIMBAUGH, JR., District Judge. Plaintiff has filed this employment discrimination suit against defendant pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq. This matter is before the Court on defendant Missouri Highways and Transportation Commission's motion for summary judgment (# 42), filed on... TRANSEXPRESS TRANSPORTATION, Plaintiff, v. CITY OF ST. LOUIS, MISSOURI, et al., Defendants. , E.D.Mo., November 16, 2009 J. Steven Erickson, St. Louis, MO, for Plaintiff. Brian E. Kaveney, Jay A. Summerville, Stephen N. Limbaugh, Sr., Armstrong Teasdale, LLP, St. Louis, MO, for Defendants. MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court upon the motion of defendant City of St. Louis to dismiss the complaint for failure to state a claim upon which relief can be granted. The plaintiff opposes the motion, and the issues are fully briefed. I. Background Plaintiff Trans... Brenda F. McBETH, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Mo., November 13, 2009 Bruce K. Kirby, Dennis C. O'Dell, Schmidt, Kirby & Sullivan, P.C., Springfield, MO, for Plaintiff. Jerry L. Short, Assistant United States Attorney, Office Of General Counsel, Kansas City, MO, for Defendant. ORDER NANETTE K. LAUGHREY, District Judge. Plaintiff Brenda McBeth ("McBeth") challenges the Social Security Commissioner's ("Commissioner") denial of her claim of disability and disability insurance benefits. This lawsuit involves an application for disability insurance benefits und... Martin Jeffrey SYKES, Register No. 57088, Plaintiff, v. BOONE COUNTY ADULT DETENTION CENTER, et al., Defendants. , W.D.Mo., November 13, 2009 Martin Jeffrey Sykes, Columbia, MO, pro se. ORDER NANETTE K. LAUGHREY, District Judge. On September 22, 2009, United States Magistrate Judge William A. Knox recommended dismissing plaintiff's claims. The parties were advised they could file written exceptions to the recommendation, pursuant to 28 U.S.C. § 636(b)(1)(C). The court has conducted a de novo review of the record, including the exceptions filed by plaintiff on October 9, 2009. The issues raised in plaintiff's exceptions were ad... Timothy STRAETEN, Plaintiff, v. Dave DORMIRE, et al., Defendants. , W.D.Mo., November 13, 2009 ORDER NANETTE K. LAUGHREY, District Judge. On October 8, 2009, United States Magistrate Judge William A. Knox recommended dismissing plaintiff's claims. The parties were advised they could file written exceptions to the recommendation, pursuant to 28 U.S.C. § 636(b)(1)(C). The court has conducted a de novo review of the record, including the exceptions filed by plaintiff on October 16, 2009. In his exceptions, plaintiff alleges, for the first time, that the defendants' alleged name-calling... DeMun D. WALKER, Plaintiff, v. MISSOURI ATTORNEY GENERAL, et al., Defendants. , W.D.Mo., November 13, 2009 Demun D. Walker, Jefferson City, MO, pro se. ORDER NANETTE K. LAUGHREY, District Judge. On September 16, 2009, United States Magistrate Judge William A. Knox recommended dismissing plaintiff's claims, without prejudice, for failure to state a claim. The parties were advised they could file written exceptions to the recommendation, pursuant to 28 U.S.C. § 636(b)(1). The court has conducted a de novo review of the record, including the exceptions filed by plaintiff on September 28, 2009. T... UNITED STATES of America, Plaintiff, v. ISLAMIC AMERICAN RELIEF AGENCY, et al., Defendants. , W.D.Mo., November 13, 2009 Anthony Peter Gonzalez, U.S. Attorney's Office, Jefferson City, MO, Corey J. Smith, United States Dept. of Justice, Washington, DC, Nathan F. Garrett, Graves, Bartle & Marcus, LLC, J. Daniel Stewart, United States Attorney's Office, Kansas City, MO, Steven M. Mohlhenrich, U.S. Attorney's Office, Western District of Missouri, Springfield, MO, for Plaintiff. John C. Aisenbrey, Marc S. Wilson, Stinson Morrison Hecker, LLP, Jean Paul Bradshaw, Steven Michael McCartan, Lathrop & Gage, LC, Kansas ... Brenda Faith CAMPBELL, Plaintiff, v. EXPERIAN INFORMATION SOLUTIONS, INC., Defendant. , W.D.Mo., November 13, 2009 Dale Kenneth Irwin, Slough, Connealy, Irwin & Madden, LLC, Kansas City, MO, Sylvia A. Goldsmith, Westlake, OH, for Plaintiff. Amy J. Tillery, Danne Wayne Webb, John B. McEntee, Jr., Horn, Aylward & Bandy, LLC, Kansas City, MO, Gabriel H. Scannapieco, Jones Day, Chicago, IL, for Defendant. ORDER NANETTE K. LAUGHREY, District Judge. Pending before the Court is Defendant Experian Information Solutions, Inc.'s Motion for Summary Judgment [Doc. # 67]. Experian moves for summary judgment with ... Donald L. HAHN, Plaintiff, v. Michael J. ASTRUE, Commissioner, Social Security Administration, Defendant. , W.D.Mo., November 13, 2009 Donald L. Hahn, Independence, MO, pro se. Jerry L. Short, Assistant United States Attorney, Office of General Counsel, Kansas City, MO, for Defendant. ORDER FERNANDO J. GAITAN, JR., Chief Judge. This is a proceeding under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq., and Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 et seq., in which plaintiff requested review of the Commissioner's decision denying his application for disability benefits. Plaintiff's claims wer... Tierrie JONES, Petitioner, v. Marty C. ANDERSON, Warden, Respondent. , W.D.Mo., November 13, 2009 Tierrie Jones, Springfield, MO, pro se. Cynthia J. Hyde, Assistant United States Attorney, Joseph McGuire, Legal Department, Springfield, MO, for Respondent. ORDER AND JUDGMENT RICHARD E. DORR, District Judge. Pursuant to the governing law and in accordance with Local Rule 72.1 of the United States District Court for the Western District of Missouri, the petition herein for a writ of habeas corpus was referred to the United States Magistrate for preliminary review under the provisions of... Annette P. JONES, Plaintiff, v. HEALTHLINK, INC., et al., Defendants. , E.D.Mo., November 12, 2009 S. Sheldon Weinhaus, Mark A. Potashnick, Weinhaus and Potashnick, St. Louis, MO, for Plaintiff. Neal F. Perryman, Evan Z. Reid, Lewis Rice, Charles B. Jellinek, Sarah N. Swatosh, Bryan Cave LLP, St. Louis, MO, for Defendants. MEMORANDUM AND ORDER THOMAS C. MUMMERT, III, United States Magistrate Judge. This dispute is before the Court [FN1] on two motions to dismiss the amended complaint for failure to state a claim, see Fed.R.Civ.P. 12(b)(6): one by defendant Healthlink, Inc. ("Healthl... Robert Lee CARTER, Sr., Plaintiff, v. MISSOURI DEPARTMENT OF SOCIAL SERVICES, Family Support Division, Defendant. , E.D.Mo., November 12, 2009 Robert Lee Carter, Sr., University City, MO, pro se. Chanekka S. Buckingham, Attorney General of Missouri, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. Plaintiff Robert Carter alleges in his complaint that he has been subjected to employment discrimination by the Missouri Department of Social Services. He asserts claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Age Discrimination in Employment Act (ADEA), 29 U.... Eric BACON, Plaintiff, v. Tom NEER, et al., Defendants. , E.D.Mo., November 12, 2009 Gilbert C. Sison, Rosenblum and Schwartz, Clayton, MO, for Plaintiff. Robert E. Hoeynck, Jr., St. Charles, MO, Christopher J. Quinn, Attorney General of Missouri, St. Louis, MO, for Defendants. OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY, District Judge. This matter is before the Court on Plaintiff's Motion for Preliminary Injunction, which is requested in his Complaint. Defendants oppose the Motion. Plaintiff brought this action for declaratory judgment, pursuant to 28 U.S.C. §... COUNCIL TOWER ASSOCIATION, Plaintiff, v. AXIS SPECIALTY INSURANCE CO., Defendant. , E.D.Mo., November 12, 2009 Joseph R. Swift, Brown and James, P.C., St. Louis, MO, for Plaintiff. Celeste A. Hill, Margaret H. Fahey, Clausen and Miller, Chicago, IL, Clark H. Cole, Brent M. Covington, Armstrong Teasdale, LLP, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. Plaintiff Council Tower Association owns Council Tower Apartments, a high-rise residential apartment building in St. Louis. In October 2005, the lower seven floors of the decorative brick veneer attached t... Michael Andrew KEATING, Jr., Movant, v. UNITED STATES of America, Respondent. , E.D.Mo., November 12, 2009 Michael Keating, Jr., Leavenworth, KS, pro se. Sirena M. Wissler, Office of U.S. Attorney, St. Louis, MO, for Respondent. ORDER DONALD J. STOHR, District Judge. On September 29, 2006, Michael Keating, Jr. pled guilty to a charge of manufacturing 500 grams or more of methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and punishable under § 841(b)(1)(A). On July 13, 2007, this Court sentenced Keating to 135 months' imprisonment, to be followed by a five-year term of supervised release.... Reginald WATSON, Plaintiff, v. MISSOURI DIVISION OF EMPLOYMENT SECURITY, Defendant. , E.D.Mo., November 12, 2009 Reginald Watson, St. Louis, MO, pro se. Ninion S. Riley, Missouri Department of Labor, Jefferson City, MO, for Defendant. MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court upon the motion of plaintiff for leave to commence this action without prepayment of the filing fee pursuant to 28 U.S.C. § 1915. Upon consideration of the financial information provided with the motion, the Court finds that plaintiff is financially unable to pay any portion of the ... Jay C. ATENCIO, et al., Plaintiffs, v. GATEWAY INSULATION COMPANY, INC., Defendant. , E.D.Mo., November 12, 2009 Awanatu Koroma, Husch Blackwell Sanders, LLP, St. Louis, MO, for Plaintiffs. MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. This matter came before the Court on the motion for default judgment filed by Plaintiffs Jay C, Atencio, Eugene A. O'Brien, Dan Hancock, John J. Stiffler, Sean Walsh and Ross A. Mantia, as Trustees of the Heat and Frost Insulators and Allied Workers Local No. 1 pension Fund, and Thomas P. Leahy, Jr., Christopher Lyles, Thomas P. Walsh and Robert W. Lotich, Jr.,... Robert NEUMAN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Mo., November 12, 2009 MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. Plaintiff Robert Neuman moves for an award of attorney's fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, seeking fees in the amount of $363.64. Defendant has not objected. On October 2, 2009, I remanded this case to defendant for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). A claimant seeking judicial review of a final decision denying Social Security benefits may recover attorney... HUNTER ENGINEERING CO., Plaintiff, v. HENNESSY INDUSTRIES, INC., Defendant. , E.D.Mo., November 12, 2009 Douglas A. Robinson, Rudolph A. Telscher, Jr., Matthew L. Cutler, Randy J. Soriano, Harness and Dickey, St. Louis, MO, for Plaintiff. Ashley B. Summer, Neil C. Jones, Nelson and Mullins, Greenville, SC, Craig N. Killen, Jennifer Mallory, Mark C. Dukes, Nelson and Mullins, L.L.P., Columbia, SC, Erik L. Hansell, Joseph C. Orlet, Dutro E. Campbell, II, Husch Blackwell Sanders, LLP, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER DAVID D. NOCE, United States Magistrate Judge. This actio... Connie Sue GUTHRIE, et al., Plaintiffs, v. FRANKLIN COUNTY, MISSOURI, et al., Defendants. Connie Sue Guthrie, et al., Plaintiffs, v. State of Missouri, et al., Defendants. , E.D.Mo., November 12, 2009 Ed Tarvin, Rebekah Kennedy, Tarvin & Henson, Bentonville, AR, for Plaintiffs. Bradley R. McDill, Daniel J. McNamee, King And Krehbiel, LLC, Jason S. Retter, Attorney General of Missouri, Adrienne K. Price, Stacie A. Owens, Bryan P. Cavanaugh, Sandberg Phoenix, P.C., St. Louis, MO, for Defendants. MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court on the motion of defendant Charles Subke for a more definite statement, pursuant to Federal Rule of Civil P... VUTEK, INC., Plaintiff, v. LEGGETT & PLATT, INC., et al., Defendants. , E.D.Mo., November 12, 2009 Alyson G. Barker, Michael J. Stimson, Russell B. Hill, William C. Rooklidge, Howrey LLP, Irvine, CA, Maria G. Zschoche, Megan R. Dove, W. David Wells, Thompson Coburn, LLP St. Louis, MO, for Plaintiff. David A. Roodman, K. Lee Marshall, James B. Surber, Bryan Cave LLP, St. Louis, MO, for Defendants. MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. The parties have informed the court that they have resolved all issues in this case, and have indicated that their settlement is based... Courtney BATEMAN, Movant, v. UNITED STATES of America, Respondent. , E.D.Mo., November 10, 2009 Courtney Bateman, Beaumont, TX, pro se. Patrick T. Judge, Sr., Office of U.S. Attorney, St. Louis, MO, for Respondent. MEMORANDUM AND ORDER DONALD J. STOHR, District Judge. On August 30, 2006, in United States v. Courtney Bateman, 4:06CR262-DJS, movant Courtney Bateman pled guilty before this Court to a charge of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). On January 19, 2007, the Court sentenced Bateman to 120 months' imprisonment, to be followed by a... UNITED STATES of America, Plaintiff, v. Derrick Bernard ALLEN, Defendant. , E.D.Mo., November 10, 2009 Thomas S. Rea, Office of U.S. Attorney, St. Louis, MO, for Plaintiff. St. Louis Fed Public Defender, Federal Public Defender, St. Louis, MO, for Defendant. OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY, District Judge. This matter is before the Court on the Memorandum and Recommendation, [Doc. No. 100], of United States Magistrate Judge Terry I. Adelman, pursuant to 28 U.S.C. § 636(b). Judge Adelman again recommends that Defendant's Motion to Suppress Evidence, [Doc. 31], be denied.... UNITED STATES of America, Plaintiff, v. Michael R. MASSEY, Defendant. , E.D.Mo., November 10, 2009 Carrie Costantin, Office of U.S. Attorney, St. Louis, MO, for Plaintiff. Murry A. Marks, Marks Law Firm, LLC, St. Louis, MO, for Defendant. ORDER DONALD J. STOHR, District Judge. This matter is before the Court on the report and recommendation [Doc. # 20] issued by Magistrate Judge Mary Ann Medler, which recommends that the Court deny defendant Michael Massey's motion to suppress evidence [Doc. # 12]. Defendant filed a statement of objections to the report and recommendation [Doc. # 22]... D.C., INC. d/b/a Dirt Cheap Cigarettes and Beer, Plaintiff, v. STATE OF MISSOURI, ex rel. Alana M. Barragan-Scott, Acting Director of Revenue, et al., Defendants. , W.D.Mo., November 10, 2009 Elizabeth Teutenberg-Ferrick, Sonnenschein, Nath & Rosenthal LLP, John W. Rogers, Thompson Coburn LLP, K. Lee Marshall, Michael J. Duvall, Bryan Cave, St. Louis, MO, for Plaintiff. Mark E. Long, Missouri Attorney General's Office, Jefferson City, MO, for Defendants. ORDER NANETTE K. LAUGHREY, District Judge. Pending before the Court is Plaintiff's Motion for Reconsideration of Order Granting Defendants' Motion for Summary Judgment on Issue of Attorney's Fees and Separate Motion for Attor... CARPENTERS' DISTRICT COUNCIL OF GREATER ST. LOUIS, et al., Plaintiffs, v. ORTMANN STAIR CO., INC., Defendant. , E.D.Mo., November 10, 2009 ORDER DONALD J. STOHR, District Judge. Now before the Court is plaintiffs Carpenters' District Council of Greater St. Louis and Vicinity, et al.'s motion for summary judgment [ Doc. # 14]. An attorney has entered an appearance on behalf of defendant Ortmann Stair Co., Inc. However, to date, defendant has filed no opposition to plaintiffs' motion, and the time to do so has expired. [FN1] Accordingly, plaintiffs' motion is ripe for disposition. FN1. On September 28, 2009, defendant aske... The NORTHERN ASSURANCE COMPANY OF NORTH AMERICA, Plaintiff, v. Michael KENDALL, Christopher Kendall, Edward Kendall, and Sydney Kendall, Defendants. , E.D.Mo., November 10, 2009 John R. Halpern, Neal W. Settergren, Goldstein and Price, L.C., St. Louis, MO, for Plaintiff. Andrew J. Nantz, Hunter and Nantz, LLC, Bradley K. Kavanaugh, Scott A. McCreight, Davis and Ketchmark, P.C., Kansas City, MO, for Defendants. MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. Defendant Sydney Kendall was severely injured as a result of an accident at the Lake of the Ozarks. At the time of the accident, she was boating with her father, Defendant Michael Kendall, her grandfat... Brenda BURRIS, Plaintiff, v. ZALE DELAWARE, INC., et.al., Defendant. , W.D.Mo., November 10, 2009 David W. Whipple, Whipple Law Firm, P.C., Kansas City, MO, for Plaintiff. Kellie Garrett, David Michael Kight, Denise K. Drake, Spencer Fane Britt & Browne LLP, Kansas City, MO, for Defendant. ORDER FERNANDO J. GAITAN, JR., Chief Judge. Pending before the Court is plaintiff's Motion to Remand to Buchanan County Circuit Court (Doc. No. 5). I. BACKGROUND Plaintiff Brenda Burris is a resident of Buchanan, Missouri. Defendant Zale Delaware, Inc. d/b/a The Piercing Pagoda is a foreign corp... Doris DeRYKE, Plaintiff, v. CRACKER BARREL OLD COUNTRY STORE, INC., et al., Defendants. , W.D.Mo., November 10, 2009 Marvin Tofle, Tofle, Oxenhandler, Hajicek, Simon & Attorneys, PC, Columbia, MO, for Plaintiff. Douglas Oldham, One North Wacker Dr., Chicago, IL, John F. Kuenstler, Chicago, IL, Todd M. Johnson, Baty, Holm & Numrich, PC, Kansas City, MO, for Defendants. ORDER WILLIAM A. KNOX, United States Magistrate Judge. Plaintiff Doris DeRyke filed suit in July 2008, alleging defendants improperly fired her for engaging in protected activity, implicitly claiming a violation of Title VII of the Civil ... UNITED STATES of America, Plaintiff, v. Russell Lee SINGLETARY, Defendant. , W.D.Mo., November 10, 2009 Don Michael Green, United States Attorney's Office, Kansas City, MO, for Plaintiff. Laine T. Cardarella, Federal Public Defender Office, Kansas City, MO, for Defendant. ORDER NANETTE K. LAUGHREY, District Judge. Following an evidentiary hearing on September 16, 2009, United States Magistrate Judge John T. Maughmer issued a Report and Recommendation [Doc. # 32] recommending that this Court enter an order denying Defendant Russell Lee Singletary's motion to suppress evidence [Doc. # 20]. D... UNITED STATES of America, Plaintiff, v. Anthony L. MOLAND, Defendant. , W.D.Mo., November 10, 2009 Bruce A. Rhoades, U.S. Attorney's Office, Kansas City, MO, for Plaintiff. Patrick William Peters, Peters & Peters, P.C., Kansas City, MO, for Defendant. ORDER NANETTE K. LAUGHREY, District Judge. Pursuant to the Report and Recommendation of United States Magistrate Judge Robert E. Larsen, to which no objection has been filed, the plea of guilty to Counts 1, 2, and 3 of the Indictment is accepted. Defendant is adjudged guilty of such offense. Sentencing will be set by subsequent order of ... UNITED STATES of America, Plaintiff, v. Charles Edward LEE, Defendant. , W.D.Mo., November 10, 2009 Jim Y. Lynn, Jr., U.S. Attorney's Office, Jefferson City, MO, for Plaintiff. Troy K. Stabenow, Federal Public Defender's Office, Jefferson City, MO, for Defendant. ORDER NANETTE K. LAUGHREY, District Judge. Defendant Charles Edward Lee ("Lee") pleaded guilty to weapons and controlled substance charges in March 2009. Before the Court is Lee's Motion to Withdraw Plea [Doc. # 36]. Lee seeks to withdraw his plea in order to file a motion to suppress a gun that was found in his vehicle at the... William G. CARTER, Plaintiff, v. Julia HASSELL, and Janet Sidebottom, Defendants. , E.D.Mo., November 10, 2009 Brent M. Covington, Armstrong Teasdale, LLP, St. Louis, MO, for Plaintiff. Lacey R. Searfoss, Thompson Coburn, Michael S. Meyers, Attorney General of Missouri, St. Louis, MO, for Defendants. MEMORANDUM DAVID D. NOCE, United States Magistrate Judge. This action is before the court on the motion of defendants Julia Hassell and Janet Sidebottom for summary judgment. (Doc. 91.) The parties have consented to the exercise of plenary authority by the undersigned United States Magistrate Judge p... Russell BRYANT, Plaintiff, v. Daniel DRAGO, Defendant. , E.D.Mo., November 10, 2009 MEMORANDUM AND ORDER CHARLES A. SHAW, District Judge. This matter is before the Court on the motion of Russell Bryant (registration no. 1148712), an inmate at South Central Correctional Center, for leave to commence this action without payment of the required filing fee. For the reasons stated below, the Court finds that plaintiff does not have sufficient funds to pay the entire filing fee and will assess an initial partial filing fee of $24.32. See28 U.S.C. § 1915(b)(1). Furthermore, based ... Ricardo Pena GALLEGOS, Movant, v. UNITED STATES of America, Respondent. , W.D.Mo., November 10, 2009 ORDER FERNANDO J. GAITAN, JR., Chief District Judge. Pending before this Court is movant's motion pursuant to 28 U.S.C. 2255 to vacate, set aside, or correct his sentence (Doc. No. 1). Defendant entered a guilty plea on October 3, 2007, and pleaded guilty to conspiracy to import marijuana and cocaine into the United States and conspiracy to distribute 1,000 kilograms or more of marijuana. On April 17, 2008, this Court entered final judgment against movant, and sentenced him to 262 months' ... UNITED STATES of America, Plaintiff, v. Edgar Noe GANDARA, Defendant. , W.D.Mo., November 10, 2009 Charles E. Ambrose, Jr., United States Attorney's Office, Kansas City, MO, for Plaintiff. Daniel J. Ross, Ray E. Sousley, Ross & Sosuley, LLC, Kenton M. Hall, Kansas City, MO, for Defendant. ORDER NANETTE K. LAUGHREY, District Judge. Before the Court is Defendant Edgar Noe Gandara's pro se Motion for Modification of Sentence [Doc. # 454]. For the following reasons, the Court denies the motion. On January 20, 2006, pursuant to a plea agreement, Gandara pleaded guilty to conspiring to d... Gloria QUINONES, Plaintiff, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Defendant. , E.D.Mo., November 10, 2009 Luis M. Chaves Ghigliotty, Law Offices of Luis M. Chaves Ghigliotty, Cabo Rojo, PR, for Plaintiff. Christina Bahr Moore, Office of U.S. Attorney, St. Louis, MO, Ginette L. Milanes, United States Attorneys Office, District of Puerto Rico, San Juan, PR, for Defendant. ORDER THOMAS C. MUMMERT, III, United States Magistrate Judge. This closed case is before the Court on the opposed motion of plaintiff, Gloria Quinones, for reconsideration of its earlier order granting the motion for summary ... Haneef MAJEED, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Mo., November 10, 2009 Haneef Majeed, Forrest City, AR, pro se. John T. Davis, Office of U.S. Attorney, St. Louis, MO, for Respondent. MEMORANDUM AND ORDER CHARLES A. SHAW, District Judge. This matter is before the Court upon the filing of Haneef Majeed's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner is an inmate at the Forrest City Low Federal Correctional Institution in Forrest City, Arkansas. Upon review of the instant petition for habeas corpus relief, the Court notes that ... Timothy NELSON, Petitioner, v. Gary STOLZER, Respondent. , E.D.Mo., November 10, 2009 Timothy Nelson, Ste. Genevieve, MO, pro se. Stephen D. Hawke, Attorney General of Missouri, Jefferson City, MO, for Respondent. OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY, District Judge. This matter is before the Court on petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. [FN1] Petitioner, a pretrial detainee in a proceeding to determine whether he should be confined as a sexually violent predator, argues that he should be released from his confinement ... David McKEAN, Plaintiff, v. DEPARTMENT OF MENTAL HEALTH, Defendant. , E.D.Mo., November 10, 2009 David McKean, St. Louis, MO, pro se. OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY, District Judge. This matter is before the Court upon the motion of plaintiff for leave to commence this action without prepayment of the filing fee pursuant to 28 U.S.C. § 1915. Upon consideration of the financial information provided with the motion, the Court finds that plaintiff is financially unable to pay any portion of the filing fee. As a result, plaintiff will be granted leave to proceed in forma... In re BISPHENOL-A (BPA) POLYCARBONATE PLASTIC PRODUCTS LIABILITY LITIGATION. , W.D.Mo., November 9, 2009 ORDER AND OPINION ADDRESSING CERTAIN OF DEFENDANTS' MOTIONS TO DISMISS ORTRIE D. SMITH, District Judge. Pending are numerous Motions to Dismiss. This Order and Opinion addresses some of those motions. Specifically, 1. The Motion to Dismiss for Failure to Plead a Legally Cognizable Injury and Lack of Standing (Doc. # 140) is granted in part and denied in part, 2. The Motion to Dismiss targeting common law and statutory claims of fraudulent and negligent misrepresentation and concealmen... FURMINATOR, INC., Plaintiff, v. MUNCHKIN, INC., and Kim Laube & Co., Inc., Defendants. , E.D.Mo., November 9, 2009 Jonathan G. Musch, Alan H. Norman, David B. Jinkins, Steven E. Garlock, Fredericka B. Jura, Jonathan G. Musch, Matthew A. Braunel, Thompson Coburn, LLP, St. Louis, MO, for Plaintiffs. A. Justin Poplin, Lathrop and Gage, LLP, Overland Park, KS, Patrick N. Fanning, R. Cameron Garrison, Ryan D. O'Dell, Travis W. McCallon, David R. Barnard, David V. Clark, Lathrop and Gage, LLP, Kansas City, MO, John L. Knoble, Knoble and Yoshida, LLC, Philadelphia, PA, John D. Ryan, Scott J. Dickenson, Lathrop a... UNITED STATES of America, Plaintiff, v. Christie BRADLEY, Defendant. , E.D.Mo., November 9, 2009 Allison H. Behrens, Office of U.S. Attorney, St. Louis, MO, for Plaintiff. Steven E. Kellogg, Kellogg Law Firm, Belleville, IL, Steven V. Stenger, Klar and Izsak, L.L.C., St. Louis, MO, for Defendant. ORDER DENYING RECONSIDERATION OF ORDER OF PRETRIAL DETENTION AUDREY G. FLEISSIG, United States Magistrate Judge. This matter came before the Court on the motion of Defendant to reconsider her pretrial detention [Doc. # 22], filed on October 27, 2009, in which Defendant requested a further h... Mary Kathern LAWRENCE, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Mo., November 9, 2009 Mary Kathern Lawrence, Greenville, IL, pro se. Tim J. Willis, Office of U.S. Attorney, Cape Girardeau, MO, for Respondent. MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. This matter is before me on Mary Kathern Lawrence's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. For the reasons set forth below, the motion will be denied. I. Background On August 14, 2006, Lawrence pled guilty to one count of conspiracy to distribu... Jason SCHANKMAN, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Mo., November 9, 2009 Michael F. Ruggio, Roetzel & Andress, LPA, Washington, DC, Donald L. Wolff, Schlueter and Mandel, St. Louis, MO, for Petitioner. Carrie Costantin, Office of U.S. Attorney, St. Louis, MO, for Respondent. MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. Jason Schankman seeks to vacate, set aside or correct his sentence under 28 U.S.C. § 2255. Schankman is currently serving a sentence of 188 months imprisonment following his guilty plea to two counts of receipt of child pornography,... William W. MOLLETT, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , W.D.Mo., November 9, 2009 Roger M. Driskill, Burnett & Driskill, Liberty, MO, for Plaintiff. OGCSSAR7, Office of General Counsel, Jerry L. Short, Assistant United States Attorney, Kansas City, MO, for Defendant. ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ROBERT E. LARSEN, United States Magistrate Judge. Plaintiff William Mollett seeks review of the final decision of the Commissioner of Social Security denying plaintiff's application for disability benefits under Titles II and XVI of the Social Security... In re BISPHENOL-A (BPA) POLYCARBONATE PLASTIC PRODUCTS LIABILITY LITIGATION. , W.D.Mo., November 9, 2009 ORDER AND OPINION (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS ON THE BASIS OF FEDERAL PREEMPTION AND (2) DENYING DEFENDANTS' MOTION TO DISMISS ON THE GROUND OF PRIMARY JURISDICTION ORTRIE D. SMITH, District Judge. Pending are Defendants' motion to dismiss based on federal preemption (Doc. # 142) and motion to dismiss on the ground of primary jurisdiction (Doc. # 170). This Court already has dismissed several of Plaintiffs' claims, leaving before the Court only Plai... In re BISPHENOL-A (BPA) POLYCARBONATE PLASTIC PRODUCTS LIABILITY LITIGATION. , W.D.Mo., November 9, 2009 ORDER ADDRESSING DEFENDANTS' MOTIONS TO DISMISS TARGETING SPECIFIC STATE STATUTES ORTRIE D. SMITH, District Judge. The details of this case have been addressed in other orders. For present purposes, it is important to recall that this case presently consists of ten different Complaints, each of which seeks class certification against a different Defendant. Each Complaint asserts, inter alia, one or more claims premised on consumer protection statutes of the state in which each Defendant is lo... In re BISPHENOL-A (BPA) POLYCARBONATE PLASTIC PRODUCTS LIABILITY LITIGATION. , W.D.Mo., November 9, 2009 ORDER IDENTIFYING THE REMAINING CLAIMS ORTRIE D. SMITH, District Judge. Earlier today, the Court issued Orders addressing twelve motions to dismiss. The Court believes it beneficial to set forth its view identifying the claims that have been dismissed and those that remain. The following claims have been dismissed: 1. From the Evenflo Complaint (Case No. 08-1967, Doc. # 69)--Counts I, II, V and VI are dismissed insofar as they depend on misrepresentations (as opposed to omissions), Cou... In re GENETICALLY MODIFIED RICE LITIGATION. This Filing Applies to the Following Case Westmill Foods, a division of ABF Grain Products, Ltd. v. Riviana Foods, Inc., et al. , E.D.Mo., November 9, 2009 MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. Defendant Producers Rice Mill, Inc. has filed this motion seeking leave to serve a third-party complaint on the foreign Bayer entities [# 1485, 30]. The Bayer defendants oppose the motion on grounds that the foreign Bayer entities are not necessary parties and that Producers Rice Mill's motion is untimely. The foreign Bayer entities were initially named as defendants in this case. However, plaintiffs Westmill Foods dropped its claims ag... In re GENETICALLY MODIFIED RICE LITIGATION This Filing Applies to the Following Case: Van Sillevoldt Rijst, BV v. Riviana Foods, Inc., et al. , E.D.Mo., November 9, 2009 MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. Defendant Riceland Foods, Inc. filed this motion seeking leave to file a third-party complaint on the foreign Bayer entities [# 40]. The Bayer defendants oppose the motion on grounds that the foreign Bayer entities are not necessary and that the motion is untimely. The foreign Bayer entities were named as defendants in this action until August 14, 2009, when plaintiff Van Sillevoldt Rijst, BV removed them from its amended complaint. Thi... UNITED STATES of America, Plaintiff, v. Clifton D. TAYLOR, Defendant. , W.D.Mo., November 9, 2009 Leena V. Ramana, Department of Justice/FBI, Kansas City, MO, for Plaintiff. ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ORTRIE D. SMITH, District Judge. On October 26, 2009, the Honorable Robert E. Larsen, United States Magistrate Judge for the Western District of Missouri, issued his Report and Recommendation recommending that Defendant be found competent to stand trial and to assist properly in his defense. Neither party filed objections to the Report and Recommendation, a... Fred ERBY, Petitioner, v. Marty C. ANDERSON, Warden, Respondent. , W.D.Mo., November 9, 2009 Fred Erby, Springfield, MO, pro se. Cynthia J. Hyde, Assistant United States Attorney, Springfield, MO, Joseph McGuire, Springfield, MO, for Respondent. ORDER AND JUDGMENT GREG KAYS, District Judge. Pursuant to the governing law and in accordance with Local Rule 72.1 of the United States District Court for the Western District of Missouri, the petition was referred to the United States Magistrate for preliminary review under the provisions of 28 U.S.C. § 636(b). The United States Mag... Lavonda S. BURCHARD, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Mo., November 9, 2009 Christina L. Kime, Attorney at Law, Piedmont, MO, for Plaintiff. U.S. Attorney-Civil, Office of U.S. Attorney, St. Louis, MO, Jane Rund, Office of U.S. Attorney, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR., District Judge. This matter is before the Court on plaintiff's motion for attorney's fees (# 27), filed October 29, 2009. Defendant filed no response. This Court ordered (# 25) that the report and recommendation of U.S. Magistrate Judge Lewis M. Blan... SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, AFL-CIO, Plaintiff, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Defendant. , W.D.Mo., November 9, 2009 Donald Ray Aubry, William Anthony Jolley, Jolley, Walsh, Hurley & Raisher, PC, Kansas City, MO, Richard S. Edelman, O'Donnell, Schwartz & Anderson, PC, Washington, DC, for Plaintiff. Charlie J. Harris, Jr., Julia D. Kitsmiller, Seyferth Blumenthal & Harris LLC, Kansas City, MO, Donald J. Munro, Goodwin Procter LLP, Washington, DC, for Defendant. ORDER GREG KAYS, District Judge. Pending before the Court is Defendant Kansas City Southern Railway Company's ("KCSR") Motion to Dismiss this ac... Heather PERRY, et al., Plaintiffs, v. WAL-MART STORES, EAST, L.P., Defendant. , E.D.Mo., November 9, 2009 George J. Miller, Sr., Miller/Salsbury Law Firm, Eureka, MO, for Plaintiffs. James E. Whaley, Brown and James, P.C., St. Louis, MO, for Defendant. MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. Plaintiffs Heather Perry and Andrew Perry move for a more definite statement, asking me to enter an order requiring defendant Wal-Mart Stores, East, L.P. to state with more specificity certain of its affirmative defenses. Although defendant has not responded in opposition to this motion,... Victor SANTIAGO, Plaintiff, v. Daniel BLAIR, et al., Defendants. , E.D.Mo., November 9, 2009 OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY, District Judge. Before the Court is Plaintiff's motion to reinstate John Doe as a defendant in this action. Plaintiff's motion corresponds with this Court's October 15, 2009 Order in which the Court instructed Plaintiff to provide it with John Doe's proper name and address by November 14, 2009, so that service of process could be effectuated. Plaintiff brings this action pursuant to 42 U.S.C. § 1983 alleging violations of his civil rights.... Major CALHOUN, Plaintiff, v. MISSOURI DEPARTMENT OF CORRECTIONS, et al., Defendants. , E.D.Mo., November 9, 2009 Major Calhoun, Licking, MO, pro se. Dana C. Ceresia, Rex P. Fennessey, Attorney General of Missouri, Peter J. Dunne, Jessica L. Liss, Rabbitt and Pitzer, St. Louis, MO, John J. Treu, Correctional Medical Services, Jefferson City, MO, for Defendants. MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. Plaintiff Major Calhoun, a prisoner, brings this 42 U.S.C. § 1983 action pro se, claiming that he was denied adequate medical care, subjected to cruel and unusual punishment, retaliate... Violet Marie WILLIAMS, Plaintiff, v. ST. CHARLES POLICE DEPARTMENT, et al., Defendants. , E.D.Mo., November 6, 2009 Violet Marie Williams, Florissant, MO, pro se. MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. This matter is before the Court upon the application of Violet Marie Williams for leave to commence this action without payment of the required filing fee. See28 U.S.C. § 1915(a). Upon consideration of the financial information provided with the completed application, the Court finds that plaintiff is financially unable to pay any portion of the filing fee. Therefore, plaintiff will be gran... Rafael A. JONES, Sr., Plaintiff, v. STATE of Missouri, Defendant. , E.D.Mo., November 6, 2009 Rafael A. Jones, Sr., Bonne Terre, MO, pro se. Stephen D. Hawke, Attorney General of Missouri Assistant Attorney General, Jefferson City, MO, for Defendant. MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. This matter is before the Court upon petitioner Rafael A. Jones' application for leave to commence this action without payment of the required filing fee. Upon consideration of the financial information provided with the application, the Court finds that petitioner is financial... Demeko WHATLEY, Plaintiff, v. UNITED PARCEL SERVICE, INC., Defendant. , E.D.Mo., November 6, 2009 Demeko Whatley, St. Louis, MO, pro se. Daniel K. O'Toole, Mark G. Jacobs, Armstrong Teasdale, LLP, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER E. RICHARD WEBBER, District Judge. This matter comes before the Court on Defendant's Motion for Summary Judgment [doc. # 42]. I. PROCEDURAL BACKGROUND On July 28, 2008, Plaintiff Demeko Whatley ("Plaintiff") filed a lawsuit against Defendant United Parcel Service, Inc. ("Defendant"). Plaintiff filed his First Amended Complaint on October... WESTERN WASHINGTON LABORERS EMPLOYERS PENSION TRUST, individually and on behalf of all others similarly situated, Plaintiff, v. PANERA BREAD CO., et al., Defendants. , E.D.Mo., November 6, 2009 David A. Rosenfeld, Mario Alba, Jr., Coughlin Stoia, LLP, Melville, NY, Don R. Lolli, Dysart and Taylor, Kansas City, MO, Douglas R. Britton, Sarah R. Holloway, Coughlin and Stoia, San Diego, CA, Tim E. Dollar, Dollar and Burns, LC, Kansas City, MO, for Plaintiff. Jeffrey J. Kalinowski, Husch Blackwell Sanders, LLP, St. Louis, MO, Michael G. Bongiorno, Wilmer and Cutler, New York, NY, Michael R. Dube, Miranda Hooker, Wilmer and Cutler, Boston, MA, R. Prescott Sifton, Husch Blackwell Sanders... James GORMAN, Plaintiff, v. MISSOURI GAS ENERGY and Deborah Hays, Defendants. , W.D.Mo., November 6, 2009 Walter M. Brown, Gaddy Geiger & Brown, PC, Kansas City, MO, for Plaintiff. Brian S. Kaplan, Kimberly Beth Cagle, Kasowitz, Benson, Torres & Friedman LLP, New York, NY, David P. Mudrick, Henson, Hutton, Mudrick & Gragson, LLP, Topeka, KS, Todd J. Jacobs, Missouri Gas Energy, Kansas City, MO, for Defendants. ORDER FERNANDO J. GAITAN, JR. Chief Judge. Currently pending before the Court is Defendants' Motion for Summary Judgment (Doc. # 37); Defendants' Motion in Limine on 1990's Issues (Doc... Barbara J. WOOLERY, Plaintiff, v. INTERNAL REVENUE SERVICE and Timothy F. Geithner, Defendants. , W.D.Mo., November 6, 2009 Barbara J. Woolery, Grain Valley, MO, pro se. Frances Reddis, U.S. Attorney's Office, Kansas City, MO, for Defendants. ORDER AND OPINION GRANTING SUMMARY JUDGMENT ORTRIE D. SMITH, District Judge. Pending is Defendants' motion for summary judgment (Doc. # 39). The Court concludes Defendants' motion should be granted. I. BACKGROUND This case involves complaints filed under two case numbers with this Court alleging employment discrimination. Plaintiff Barbara J. Woolery started working... LINDSTROM & McKENNEY, INC., Plaintiff, v. NETSUITE, INC., Defendant. , E.D.Mo., November 5, 2009 Mitchell A. Margo, Steven W. Garrett, Curtis, Heinz, Garrett & O'Keefe, P.C., St. Louis, MO, for Plaintiff. Matthew C. Hans, Polsinelli Shughart PC, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER DAVID D. NOCE, United States Magistrate Judge. This action is before the court on the motion of defendant NetSuite, Inc. to dismiss for failure to state a claim. (Doc. 9.) The parties have consented to the exercise of plenary authority by the undersigned United States Magistrate Judge pursua... Gene D. BOOKER, Plaintiff, v. ST. LOUIS CITY POLICE DEPARTMENT, et al., Defendants. , E.D.Mo., November 5, 2009 Gene D. Booker, St. Louis, MO, pro se. MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR., District Judge. This matter is before the Court upon the motion of plaintiff (registration no. 13455), an inmate at St. Louis City Justice Center, for leave to commence this action without payment of the required filing fee [Doc. # 2]. For the reasons stated below, the Court finds that plaintiff does not have sufficient funds to pay the entire filing fee and will assess an initial partial filing fee of $2... Richard YANG, Plaintiff, v. William McKINNEY, Defendant. , E.D.Mo., November 5, 2009 Richard Yang, Mineral Point, MO, pro se. MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court upon the motion of Richard Yang (registration no. 1037144), an inmate at Potosi Correctional Center, for leave to commence this action without payment of the required filing fee [Doc. # 2]. For the reasons stated below, the Court finds that plaintiff does not have sufficient funds to pay the entire filing fee and will assess an initial partial filing fee of $3.07.... Craig A. McINTOSH, Plaintiff, v. AMEREN UE, Defendant. , E.D.Mo., November 5, 2009 Craig A. McIntosh, East St. Louis, IL, pro se. Jovita M. Foster, Armstrong Teasdale, LLP, St. Louis, MO, for Defendant. OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY, District Judge. This matter is before the Court on Defendant's Motion to Dismiss, [Doc. No. 4]. Plaintiff has failed to file a response to the motion. [FN1] For the reasons set forth below, the motion is granted. FN1. Pursuant to the Court's Local Rules, Plaintiff's failure to file a response can be construed as... Hector VARELA, Movant, v. UNITED STATES of America, Respondent. , W.D.Mo., November 5, 2009 Federal Public Defender, Kansas City, MO, for Movant. Amy B. Marcus, U.S. Attorney's Office, Kansas City, MO, for Respondent. ORDER DENYING MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE GARY A. FENNER, District Judge. Presently before the Court is Movant Hector Varela's ("Varela") Motion to Vacate, Set Aside, or Correct Sentence filed pursuant to 28 U.S.C. § 2255. (Doc. 1-2). Varela seeks relief from his sentence on the ground of ineffective assistance of counsel. Id. For the followin... Robert STUCKSTEDE, Plaintiff(s), v. NJVC LLC and Computer Sciences Corporation, Defendant(s). , E.D.Mo., November 5, 2009 Kristin F. Whittle Parke, Law Office of Kristin F. Whittle, L.L.C., St. Louis, MO, for Plaintiff(s). Kimberly A. Yates, Littler Mendelson, P.C., Jovita M. Foster, Armstrong Teasdale, LLP, St. Louis, MO, for Defendant(s). MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Defendant Computer Sciences Corporation's Motion to Dismiss Count I (Doc. No. 17). This matter is fully briefed and ready for disposition. BACKGROUND NJVC-LLC ("NJVC") is a contra... Roger O'DONNELL, Plaintiff, v. George LOMBARDI, et al., Defendants. , E.D.Mo., November 5, 2009 Roger O'Donnell, Jefferson City, MO, pro se. MEMORANDUM AND ORDER E. RICHARD WEBBER, District Judge. This matter is before the Court upon the motion of plaintiff (registration no. 1159794), an inmate at Algoa Correctional Center, for leave to commence this action without payment of the required filing fee [Doc. # 2]. For the reasons stated below, the Court finds that plaintiff does not have sufficient funds to pay the entire filing fee and will assess an initial partial filing fee of $18.5... Violet Marie WILLIAMS, Plaintiff, v. CLAYTON POLICE DEPARTMENT, et al., Defendants. , E.D.Mo., November 5, 2009 Violet Marie Williams, Florissant, MO, pro se. MEMORANDUM AND ORDER E. RICHARD WEBBER, District Judge. This matter is before the Court upon the application of Violet Marie Williams for leave to commence this action without payment of the required filing fee. See28 U.S.C. § 1915(a). Upon consideration of the financial information provided with the completed application, the Court finds that plaintiff is financially unable to pay any portion of the filing fee. Therefore, plaintiff will be gra... CATALINA MARKETING CORPORATION, and Catalina Health Resource, LLC, Plaintiffs, v. LDM GROUP, LLC, Defendant. , E.D.Mo., November 5, 2009 Claude M. Stern, Jordan R. Jaffe, Quinn and Emanuel, Redwood Shores, CA, Michael F. Harte, Quinn and Emanuel, Chicago, IL, Morgan W. Tovey, Quinn and Emanuel, San Francisco, CA, Bettina J. Strauss, J. Bennett Clark, Jason Kempf, Bryan Cave LLP, St. Louis, MO, for Plaintiffs. Bridget Hoy, Derick Albers, Jennifer L. Gustafson, Richard B. Walsh, Jr., Lewis Rice, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER E. RICHARD WEBBER, District Judge. This matter comes before the Court on Catali... UNITED STATES of America, Plaintiff, v. Scott B. WORLEY, Defendant. , E.D.Mo., November 5, 2009 Carrie Costantin, Office of U.S. Attorney, St. Louis, MO, for Plaintiff. Bernard Edelman, Edelman and Edelman, L.L.C., Clayton, MO, for Defendant. MEMORANDUM AND ORDER CHARLES A. SHAW, District Judge. This closed criminal matter is before the Court on defendant's pro se Motion for Release of Personal Property. For the following reasons, the Court will deny defendant's motion without prejudice to the filing of a separate civil action. On September 1, 2005, defendant Scott B. Worley ple... REGIONS BANK, Plaintiff, v. EGYPTIAN CONCRETE CO., et al., Defendants. , E.D.Mo., November 5, 2009 Jeffrey S. Heuer, Husch Blackwell Sanders, LLP, Michael A. Clithero, Blackwell Sanders Peper Martin LLP, St. Louis, MO, for Plaintiff. Peter D. Kerth, Wendi S. Alper-Pressman, Gallop Johnson, Meghan S. Largent , Lathrop and Gage, LLP, St. Louis, MO, for Defendants. MEMORANDUM AND ORDER CHARLES A. SHAW, District Judge. This matter is before the Court on the receiver Atec, Inc.'s motion for equitable stay of actions against the receiver and the receivership estate. In its motion, the rec... Alireza BAKHTIARI, Plaintiff, v. Kim PHILLIPS, et al., Defendants. , E.D.Mo., November 5, 2009 Alireza Bakhtiari, St. Louis, MO, pro se. Pamela M. Triplett, Law Offices of Donald Balfour, Chesterfield, MO, for Defendants. MEMORANDUM AND ORDER CHARLES A. SHAW, District Judge. This matter is before the Court on defendants Kim Phillips, Charles Hite, and Bemiston Carondelet Corporations's ("defendants") motion to dismiss pursuant to 28 U.S.C. § 1332. Plaintiff, who is appearing pro se, opposes the motion. For the following reasons, the motion will be denied. Background Plaintiff b... Mia N. THOMPSON, Petitioner, v. Cyndi PRUDDEN, Respondent. , E.D.Mo., November 5, 2009 Mia N. Thompson, Vandalia, MO, pro se. Stephen D. Hawke, Attorney General of Missouri, Assistant Attorney General, Jefferson City, MO, for Respondent. ORDER AND MEMORANDUM DONALD J. STOHR, District Judge. This matter is before the Court upon the filing of a 28 U.S.C. § 2254 petition for writ of habeas corpus that is signed by Jeff Thompson, on behalf of his adopted daughter, Mia N. Thompson. Jeff Thompson has failed to file a motion to act as next friend for Mia N. Thompson. SeeFed.R.... Glenn ROLLEN, et al., Plaintiff(s), v. CITY OF BOWLING GREEN, et al., Defendant(s). , E.D.Mo., November 5, 2009 ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Defendants' Motion to Strike Plaintiff Glenn Rollen's Cross Motion for Summary Judgment and Response to Defendants' Motion for Summary Judgment, filed October 23, 2009. (Doc. No. 64). Plaintiff has not responded to the motion. By way of background, the Court entered a Case Management Order in this matter on January 14, 2009. (Doc. No. 24). The Case Management Order set a deadline of September 14, 2009, for the filin... James M. SCOTT, Sr., Register No. 513597, Plaintiff, v. Dave DORMIRE, et al., Defendants. , W.D.Mo., November 4, 2009 James M. Scott, Sr., Jefferson City, MO, pro se. Denise Leanne Thomas, George E. Fitzsimmons, Missouri Attorney General's Office, St. Louis, MO, Christopher A. Koster, Missouri Attorney General's Office, John J. Treu, John J. Treu, Jefferson City, MO, for Defendants. ORDER SCOTT O. WRIGHT, Senior District Judge. On June 16, 2009, United States Magistrate Judge William A. Knox recommended that defendants' motion to dismiss, without prejudice, plaintiff's claims against defendant John Mead... Roy HENDERSON, Plaintiff, v. UNITED STATES of America, Defendant. , E.D.Mo., November 4, 2009 Roy Henderson, Forrest City, AR, pro se. Cristian M. Stevens, Office of U.S. Attorney, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. This matter is before me on movant's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. Movant seeks to vacate this Court's June 29, 2006, Judgment sentencing him to an aggregate sentence of 182 months' imprisonment. Movant claims that he has newly discovered evidence regarding the police ... GREATER ST. LOUIS CONSTRUCTION LABORERS WELFARE FUND, et al., Plaintiffs, v. MIDWEST ENVIRONMENTAL SOLUTIONS, INC., et al., Defendants. , E.D.Mo., November 4, 2009 Michael A. Evans, Hammond and Shinners, P.C., St. Louis, MO, for Plaintiffs. Mitchell D. Jacobs, Clayton, MO, for Defendants. MEMORANDUM AND ORDER CHARLES A. SHAW, District Judge. This matter is before the Court on plaintiffs' motion for summary judgment. Defendant Midwest Environmental Solutions, Inc. opposes the motion. [FN1] For the following reasons, plaintiffs' motion will be granted. FN1. The motion was filed by plaintiffs against defendants Midwest Environmental Solutions... David TEAGUE, Movant, v. UNITED STATES of America, Respondent. , W.D.Mo., November 4, 2009 ORDER RICHARD E. DORR, District Judge. Before the Court is Petitioner David Teague's Motion Under 28 U.S .C. § 2255 to Vacate, Set Aside, or Correct Sentence (Doc. 1). After consideration, Petitioner's motion is DENIED. BACKGROUND On March 9, 2006, a federal grand jury returned a single-count indictment charging Petitioner David Teague (hereinafter "Petitioner") with being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2), and 924(e)(1). On April 17, 2007, P... Angela Marie GRAY, Movant, v. UNITED STATES of America, Respondent. , E.D.Mo., November 4, 2009 Angela Marie Gray, Greenville, IL, pro se. Reginald L. Harris, Office of U.S. Attorney, St. Louis, MO, for Respondent. MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court on the motion of Angela Gray to vacate, set aside or correct sentence, pursuant to 28 U.S.C. § 2255. Following initial review of the motion, the Court ordered Gray to show cause why it should not be dismissed. She has now responded to the order to show cause. Discussion On April 13, ... Raymond AMERSON, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Mo., November 4, 2009 Raymond Amerson, Leavenworth, KS, pro se. MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. This matter is before the Court upon review of Raymond Amerson's "Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Challenge to Jurisdiction and Request to Dismiss Indictment and Conviction" [Doc. # 1]. Background Raymond Amerson is a federal prisoner at the United States Penitentiary in Leavenworth, Kansas. He is serving a life sentence following his 1993 jury conviction... Laurie JOHNSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Mo., November 4, 2009 Theresa L. Severs, Dennis W. Fox and Associates, St. Louis, MO, for Plaintiff. Jane Rund, Office of U.S. Attorney, St. Louis, MO, for Defendant. OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY, District Judge. This matter is before the Court on the Report and Recommendation, of Magistrate Judge Lewis M. Blanton that the Motion to Reverse and Remand, filed by Defendant be granted and that the decision of the Commissioner be reversed and remanded to the Commissioner for further proceedin... David L. BUCKLER, Plaintiff, v. Steve LARKINS, et al., Defendants. , E.D.Mo., November 4, 2009 David L. Buckler, Licking, MO, pro se. MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. This matter is before the Court upon the motion of David Buckler (registration no. 1008292), an inmate at South Central Correctional Center, for leave to commence this action without payment of the required filing fee [Doc. # 2]. For the reasons stated below, the Court finds that the plaintiff does not have sufficient funds to pay the entire filing fee and will assess an initial partial filing f... Timothy Scott SHORT, Movant, v. UNITED STATES of America, Respondent. , E.D.Mo., November 3, 2009 Timothy Scott Short, Forrest City, AR, pro se. Tracy L. Berry, Office of U.S. Attorney, St. Louis, MO, for Respondent. MEMORANDUM AND ORDER CHARLES A. SHAW, District Judge. This matter is before the Court on movant Timothy Scott Short's Motion to Vacate, Set Aside or Correct Sentence Under 28 U.S.C. § 2255, and Motion to Amend Section 2255 Motion to Raise a Claim of Actual Innocence to the Offense of Aggravated Identity Theft. The government has responded to both motions and they are ful... Derek Q. JAMES, Register No. 182777, Plaintiff, v. Dave DORMIRE, et al., Defendants. , W.D.Mo., November 3, 2009 Derek Q. James, Jefferson City, MO, pro se. Diane F. Peters, Missouri Attorney General's Office, Jefferson City, MO, for Defendants. ORDER NANETTE K. LAUGHREY, District Judge. Plaintiff filed a motion for relief from judgment on June 18, 2009. Plaintiff's claims in this case were dismissed on March 4, 2008, and this dismissal was affirmed by the Eighth Circuit Court of Appeals on April 14, 2009. Plaintiff seeks relief from the judgment in this case, pursuant to Federal Rule of Civil P... Dustin BOND, Petitioner, v. UNITED STATES of America, Respondent. , W.D.Mo., November 3, 2009 ORDER AND JUDGMENT GREG KAYS, District Judge. Pursuant to the governing law and in accordance with Local Rule 72.1 of the United States District Court for the Western District of Missouri, the petition herein for a writ of habeas corpus was referred to the United States Magistrate for preliminary review under the provisions of 28 U.S.C. § 636(b). The United States Magistrate has completed his preliminary review of the petition and has submitted to the undersigned a report and recommendatio... UNITED STATES of America, Plaintiff, v. Latisha ANDERSON, Defendant. , E.D.Mo., November 3, 2009 Cristian M. Stevens, Office of U.S. Attorney, St. Louis, MO, for Plaintiff. ORDER CHARLES A. SHAW, District Judge. This matter is before the Court on various pretrial matters. Pursuant to 28 U.S.C. § 636(b), this Court referred all pretrial matters to United States Magistrate Judge Audrey G. Fleissig. On September 30, 2009, Judge Fleissig filed a Report and Recommendation of United States Magistrate Judge which recommended that defendant's Motion to Suppress Evidence and Statements be denie... Jeffrey GRANDCOLAS, Plaintiff, v. HEALTHY ALLIANCE LIFE INSURANCE COMPANY d/b/a Anthem Blue Cross Blue Shield; Rightchoice Managed Care, Inc.; Cornerstone Insurance Group; Inc., and Elite Care Sales, Inc., Defendants. , E.D.Mo., November 3, 2009 Michael A. Lawder, Anderson and Gilbert, St. Louis, MO, for Plaintiff. David W. Gearhart, Neal F. Perryman, Lewis Rice, Lori R. Koch, Sanford Goffstein, Goffstein and Raskas, Jill R. Rembusch, Summers and Compton, Timothy J. Wolf, Brown and James, P.C., St. Louis, MO, for Defendants. MEMORANDUM AND ORDER AUDREY G. FLEISSIG, United States Magistrate Judge. This matter is before the Court [FN1] on (1) the motion of Plaintiff Jeffrey Grandcolas to remand this case to state court; (2) the ... Timothy R. ZIKE, Plaintiff, v. ADVANCE AMERICA, Cash Advance Centers of Missouri, Inc., and Advance America, Cash Advance Centers of Illinois, Inc., Defendants. , E.D.Mo., November 3, 2009 Thomas M. Schneider, Jones and Schneider, Columbia, MO, for Plaintiff. Brendan Ballard, Gail Westover, Lewis S. Wiener, Sutherland and Asbill, LLP, Washington, DC, Kurt D. Williams, Timothy R. West, Berkowitz Oliver, LLP, Kansas City, MO, for Defendants. MEMORANDUM AND ORDER THOMAS C. MUMMERT, III, United States Magistrate Judge. This dispute is before the Court on the consolidated motion of defendants, Advance America, Cash Advance Centers of Missouri, Inc. ("Advance Missouri"), and Adv... UNITED STATES of America, Plaintiff, v. Carl Roger DAVIS, et al., Defendants. , W.D.Mo., November 3, 2009 Douglas C. Bunch, U.S. Attorney's Office, Springfield, MO, for Plaintiff. David R. Mercer, Office of the Federal Public Defender, Nicholas M. Venute, Springfield, MO, for Defendants. ORDER RICHARD E. DORR, District Judge. Before the Court is Defendant Carl Roger Davis' Motion to Dismiss Indictment (Doc. 48), the Government's Response (Doc. 49), and the Report and Recommendation of United States Magistrate Judge (Doc. 68). After careful and independent review of the pending motion, sugges... Jeffrey Todd BLACKWELL, Movant, v. UNITED STATES of America, Respondent. , E.D.Mo., November 3, 2009 Jeffrey Todd Blackwell, Lexington, KY, pro se. Antoinette Decker, Office of U.S. Attorney, St. Louis, MO, for Respondent. MEMORANDUM AND ORDER CHARLES A. SHAW, District Judge. This closed matter under 28 U.S.C. § 2255 is before the Court on movant Jeffrey Todd Blackwell's motion for reconsideration of the Memorandum and Order of October 14, 2009, which dismissed Blackwell's motion for relief under Rules 60(b)(4) and (5), and Rule 60(d), Federal Rules of Civil Procedure, for failure to ob... UNITED STATES of America, Plaintiff, v. Avery L. SNELLING, Defendant. , W.D.Mo., November 2, 2009 Paul S. Becker, United States Attorney's Office, Kansas City, MO, for Plaintiff. Federal Public Defender, Ronna Holloman-Hughes, Federal Public Defender's Office, Kansas City, MO, for Defendant. ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND GRANTING DEFENDANT'S MOTION TO WITHDRAW GUILTY PLEA ORTRIE D. SMITH, District Judge. On October 15, 2009, the Honorable Robert E. Larsen, United States Magistrate Judge for the Western District of Missouri, issued his Report and Reco... Noel A. DAY, et al., Plaintiffs, v. ROBINWOOD WEST COMMUNITY IMPROVEMENT DISTRICT, Defendant. , E.D.Mo., November 2, 2009 Anthony E. Rothert, American Civil Liberties Union of Eastern Missouri, Daniel R. Kuehnert, St. Louis, MO, for Plaintiffs. Ashley L. Narsutis, John M. Hongs, Hinshaw and Culbertson, LLP, St. Louis, MO, Michael L. Wagner, Hinshaw and Culbertson, Belleville, IL, for Defendant. MEMORANDUM AND ORDER E. RICHARD WEBBER, District Judge. This matter comes before the Court on Plaintiffs' Motion for Partial Summary Judgment [doc. # 40]. I. BACKGROUND [FN1] FN1. The Court's recitation of the fa... Rex CARR, Plaintiff, v. CARR KOREIN TILLERY, L.L.C. and Korein Tillery L.L.C., Defendants. , E.D.Mo., November 2, 2009 James P. Holloran, Holloran White, LLP, St. Louis, MO, for Plaintiff. Rex Carr, Rex Carr Law Firm, East St. Louis, IL, pro se. Mark I. Bronson, Newman and Bronson, Aaron M. Zigler, Korein Tillery LLC, St. Louis, MO, Christopher O. Bauman, Robert D. Blitz, Blitz and Bardgett, Clayton, MO, for Defendants. ORDER DONALD J. STOHR, District Judge. On March 24, 2009, plaintiff Rex Carr, an attorney, filed in the Circuit Court for the City of St. Louis a "Petition in Equity for Accounting." N... BARRY-WEHMILLER COMPANIES, INC., Plaintiff, v. Carl R. MARSCHKE, Gay A. Marschke, Karl W. Marschke, Lynda L. Ludwig, Dan Ludwig, and Dean Marschke, Defendants. , E.D.Mo., November 2, 2009 MEMORANDUM AND ORDER TERRY I. ADELMAN, United States Magistrate Judge. This matter is before the Court on Defendants' Motion to Dismiss or Stay Plaintiff's Declaratory Judgment Action or, in the Alternative, Transfer Action to the Western District of Wisconsin. The Parties consented to the jurisdiction of the undersigned pursuant to 28 U.S.C. § 636(c). Background Before 2000, Defendant Carl Marschke owned and operated Marquip, Inc., a Wisconsin corporation. Named Defendants each held promis... Abdul Al-Hakeem AFIZ a/k/a Miron Taylor, Petitioner, v. Dave DORMIRE, Respondent. , E.D.Mo., November 2, 2009 MEMORANDUM AND ORDER E. RICHARD WEBBER, District Judge. Petitioner Abdul al-Hakeem Afiz a/k/a Miron Taylor is an inmate at the Jefferson City Correctional Center. He has filed a pleading titled "motion for summary judgment," which the Court will construe as a successive habeas petition. On May 18, 2000, petitioner was convicted in the Circuit Court of the City of St. Louis, Missouri, of first-degree murder and armed criminal action. On June 30, 2000, the trial court sentenced him to concur... Susan WISE a/k/a/ Susan Weiss, Plaintiff, v. WHEATON VAN LINES, INC., Defendant. , E.D.Mo., November 2, 2009 Donald V. Nangle, Donald V. Nangle, Attorney at Law, St. Louis, MO, for Plaintiff. Robert W. Cockerham, Brown and James, P.C., St. Louis, MO, for Defendant. MEMORANDUM AND ORDER AUDREY G. FLEISSIG, United States Magistrate Judge. This removal matter is before the Court on Plaintiff's motion to remand the action to state court, and on the motion of Defendant Wheaton Van Lines, Inc., to dismiss Plaintiff's complaint for failure to state a claim. For the reasons set forth below, the Court w... UNITED STATES of America, Plaintiff, v. Robin Gayle EAST, Defendant. , W.D.Mo., November 2, 2009 Gary K. Milligan, II, Assistant United States Attorney U.S. Attorney's Office, Springfield, MO, for Plaintiff. David R. Mercer, Office of the Federal Public Defender, Springfield, MO, for Defendant. ORDER GARY A. FENNER, District Judge. Now pending before the Court is Defendant's Motion to Suppress Evidence (Doc. # 32) in which Defendant argues that evidence seized and statements made during an interview on April 16, 2009, should be suppressed. On September 23, 2009, Chief United Sta... Brenda Faith CAMPBELL, Plaintiff, v. MIDLAND FUNDING INC., et. al., Defendants. , W.D.Mo., November 2, 2009 Dale Kenneth Irwin, Slough, Connealy, Irwin & Madden, LLC, Kansas City, MO, Sylvia A. Goldsmith Westlake, OH, for Plaintiff. Joseph Bant, Jason C. Bache, Thomas Marvin Martin, Lewis, Rice & Fingersh, Dana T. Cutler, James W. Tippin, James W. Tippin & Associates, Kansas City, MO, Robert J. Schuckit, Anthony T. Schaefer, Karen B. Reisinger, Schuckit & Associates, Indianapolis, IN, Steven H. Schwartz, Brown & James, P.C., St. Louis, MO, for Defendants. ORDER NANETTE K. LAUGHREY, District Judge... Richard P. SCHMIEDER, Plaintiff, v. Michael ASTRUE, Commissioner of Social Security, Defendant. , E.D.Mo., October 30, 2009 Jeffrey J. Bunten, St. Louis, MO, for Plaintiff. Nicholas P. Llewellyn, Office of U.S. Attorney, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER AUDREY G. FLEISSIG, United States Magistrate Judge. This matter is before the Court on Plaintiff's motion for attorney's fees in the amount of $1,373.03, pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). Plaintiff applied for disability benefits under the Social Security Act, claiming a disability onset date of December... Christopher GREER, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Mo., October 30, 2009 Theresa L. Severs, Dennis W. Fox and Associates, St. Louis, MO, for Plaintiff. Jane Rund, Office of U.S. Attorney, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER TERRY I. ADELMAN, United States Magistrate Judge. This matter is before the Court on Defendant's Motion to Reverse and Remand (filed October 23, 2009/Docket No. 11). The parties consented to the jurisdiction of the undersigned pursuant to 28 U.S.C. § 636(c). Defendant seeks to reverse and remand this Social Security disab... UNITED STATES of America, Plaintiff, v. Gary Stephen KAPLAN and Neil Kaplan, Defendants. , E.D.Mo., October 30, 2009 MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court on the pro se petitions of claimants William Waters, Peter Nguyen, Joshua Green, Pat Cicalese, James R. Thompson, Jack K. Rohrer and Michael J. Eisenberg. The United States seeks the dismissal of each of these petitions pursuant to Rule 32.2(c)(1)(A) of the Federal Rules of Criminal Procedure. On August 14, 2009, defendant Gary Kaplan entered a plea of guilty to Counts 1, 8, 17, 18 and 19 of the Third Su... Jane DOE, Plaintiff, v. V. Leroy YOUNG, M.D., Robert Centeno, M.D., C.B. Boswell, M.D., and Aesthetic Surgery Associates, d/b/a Body Aesthetic Plastic Surgery & Skin Center, Inc., Defendants. , E.D.Mo., October 30, 2009 MEMORANDUM AND ORDER TERRY I. ADELMAN, United States Magistrate Judge. This matter is before the Court on Defendants' Motion for Partial Summary Judgment. (Docket No. 69). Plaintiff filed a Memorandum in Opposition (Docket No. 85) and Defendants filed a Reply (Docket No. 93) thereto. All matters are pending before the undersigned United States Magistrate Judge, with the consent of the parties, pursuant to 28 U.S.C. § 636(c). Plaintiff Jane Doe filed the instant action against Defendants for i... Eddy CLARK, Plaintiff, v. MATTHEWS INTERNATIONAL CORP., Defendant. , E.D.Mo., October 30, 2009 Joshua M. Avigad, Lawrence P. Kaplan, Kaplan Associates, L.L.C., Clayton, MO, for Plaintiff. Charles E. Reis, IV, Littler Mendelson, P.C., St. Louis, MO, for Defendant. MEMORANDUM STEPHEN N. LIMBAUGH, JR., District Judge. Plaintiff has brought this two-count age discrimination lawsuit pursuant to the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et. seq., and the Missouri Human Rights Act (MHRA), § 213.010 et. seq. Essentially, plaintiff alleges that he, along with unident... NADIST, LLC, Plaintiff, v. The DOE RUN RESOURCES CORP., et al., Defendants. , E.D.Mo., October 30, 2009 MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. This matter is before me on Nadist's motion for leave to file a second amended complaint. Nadist seeks leave to assert new claims against the Doe Run defendants for public nuisance, breach of contract, negligence, and strict liability. Nadist also seeks leave to join three new parties, DR Acquisition Corp., the Renco Group, Inc. and Ira L. Rennert as defendants. The Doe Run defendants oppose amendment, arguing that leave to amend should... John DOE, Plaintiff, v. Dennis CRANE, et al., Defendants. , W.D.Mo., October 30, 2009 Anthony E. Rothert, American Civil Liberties Union of Eastern Missouri, St. Louis, MO, for Plaintiff. ORDER NANETTE K. LAUGHREY, District Judge. Plaintiff John Doe claims that, as applied to him, Section 589.426 of the Missouri Revised Statutes violates the Missouri Constitution as well as the Constitution of the United States. The issue of whether Section 589.426 violates the Missouri Constitution is pending before the Supreme Court of Missouri, docketed as State of Missouri v. Charles A. ... Richard T. WALSH, Plaintiffs, v. AMERICAN MULTI-CINEMA, INC., Defendant. , W.D.Mo., October 29, 2009 ORDER FERNANDO J. GAITAN, JR., Chief Judge. Pending before the Court is Defendant's Motion to Dismiss or in the Alternative to Stay Proceedings and Compel Arbitration (Doc. No. 16). I. Background On December 9, 2008, plaintiff, Walsh, filed the present suit in Jackson County, Missouri. Plaintiff filed five counts against defendant, alleging: (I) Breach of Contract, (II) Promissory Estoppel, (III) Negligent Misrepresentation/Negligent Inducement, (IV) Equitable Estoppel, and (V) Rescission ... Anthony CONDRA, Plaintiff, v. SERVICE EMPLOYEES INTERNATIONAL UNION, Defendant. , E.D.Mo., October 29, 2009 Larry S. Fields, Fields and Associates, St. Louis, MO, for Plaintiff. John M. West, Kathleen M. Keller, Bredhoff and Kaiser, LLC, Washington, DC, Arthur J. Martin, Schuchat and Cook, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER THOMAS C. MUMMERT, III, United States Magistrate Judge. This case is before the Court on the opposed motion for summary judgment filed by Service Employees International Union ("SEIU"), the defendant in an amended complaint filed by plaintiff, Anthony Condra... Deangelo L. THOMAS, Plaintiff, v. Alford NORTHERN, et al., Defendant. , E.D.Mo., October 29, 2009 John E. Cozean, Shaun D. Hanschen, Blanton and Rice, Sikeston, MO, for Plaintiff. Jason S. Retter, Attorney General of Missouri, St. Louis, MO, for Defendant. MEMORANDUM STEPHEN N. LIMBAUGH, JR., District Judge. Plaintiff has filed this § 1983 action alleging a violation of his Eighth Amendment right against "excessive force" due to the use of pepper spray during his detention at the Missouri Department of Corrections' Southeast Correctional Center. This matter is before the Court on def... Corey Louis HINES, Petitioner, v. Jerry DEVORE, Respondent. , E.D.Mo., October 29, 2009 Corey Louis Hines, Alton, IL, pro se. OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY, District Judge. This matter is before the Court upon review of Corey Louis Hines' motion for habeas corpus relief under 28 U.S.C. § 2241. Background On November 8, 2005, a jury found petitioner guilty of the following crimes: knowingly and willfully conspiring with another to commit identity fraud by misrepresenting their names and social security numbers, in violation of 42 U.S.C. § 408(a)(7)(B); two... GREATER ST. LOUIS CONSTRUCTION LABORERS WELFARE FUND, et al., Plaintiffs, v. James AUBUCHON, d/b/a St. Louis Concrete, Defendant. , E.D.Mo., October 29, 2009 MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court on plaintiffs' motion for partial default judgment and an order of accounting, following entry of default against defendant James Aubuchon. Plaintiffs bring this action to collect delinquent fringe benefit contributions pursuant to Section 301 of the Labor Management Relations Act of 1974, as amended, 29 U.S.C. § 185, and pursuant to Section 502 of the Employee Retirement Income Security Act of 1974, as ame... Walter F. SCOTT, Plaintiff, v. SUBURBAN JOURNALS OF GREATER ST. LOUIS, LLC, et al., Defendants. , E.D.Mo., October 29, 2009 MEMORANDUM AND ORDER E. RICHARD WEBBER, District Judge. This matter comes before the Court on Plaintiff's Motion for Reconsideration [doc. # 147]. Plaintiff Walter F. Scott ("Plaintiff") seeks reconsideration under Federal Rules of Civil Procedure 60(b)(1) and 60(b)(6) of the Court's Memorandum and Order dated October 19, 2009 granting summary judgment in favor of Defendants [doc. # 145]. The two referenced Rules contemplate relief from a judgment due to "mistake, inadvertence, surprise, o... Joseph HAMILTON, Plaintiff, v. Gregory and Toni PALM, Defendants. , E.D.Mo., October 28, 2009 Robert G. Kister, Bob Kister Trial Lawyer, LLC, Herculaneum, MO, for Plaintiff. Martin J. Buckley, Buckley And Buckley, L.L.C., St. Louis, MO, for Defendants. MEMORANDUM OPINION MARY ANN L. MEDLER, United States Magistrate Judge. Before the court is the Motion to Dismiss filed by Defendants Gregory and Toni Palm. Doc. 4. Plaintiff filed a Response. Doc. 6. Defendant filed a Reply. Doc. 7. The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge pur... Amanda HUTSON, Plaintiff(s), v. KOHNER PROPERTIES, INC., Defendant(s). , E.D.Mo., October 28, 2009 Jerome J. Dobson, Michelle D. Neumann, Dobson and Goldberg, St. Louis, MO, for Plaintiff. Gina Moshiri, Robert D. Younger, McMahon and Berger, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Plaintiff's Motion for Remand, filed October 2, 2009. (Doc. No. 9). The matter is fully briefed and ready for disposition. LEGAL STANDARD Defendant, as the party seeking removal and opposing remand, has "the burden of establish... HOODLUMS WELDING HOODS, LLC, Plaintiff, v. REDTAIL INTERNATIONAL, LLC, Defendant. , E.D.Mo., October 28, 2009 Jo Anna Pollock, Paul A. Lesko, Simmons Browder Gianaris Angelides and Barnerd, LLC, East Alton, IL, for Plaintiff. Kathryn K. Smith, Michael S. Sherrill, Sherrill Law Firm, White Bear Lake, MN, Rudolph A. Telscher, Jr., Harness and Dickey, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER DAVID D. NOCE, United States Magistrate Judge. This action is before the court on the motions of plaintiff Hoodlums Welding Hoods, LLC, for claim construction (Doc. 39) and for leave to file its first... Betty GRBA-CRAGHEAD, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Mo., October 28, 2009 Donald L. Kohl, Shea and Kohl, Charles, MO, for Plaintiff. Jane Rund, Office of U.S. Attorney, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. This matter is before me on a Report and Recommendation to affirm the decision of the Commissioner of Social Security to deny Plaintiff disability insurance benefits. Neither of the parties has filed an objection to this recommendation. This matter was referred to United States Magistrate Judge Mary Ann Medl... Linda TURNER, Plaintiff, v. UNITED STEELWORKERS OF AMERICA LOCAL 812, et al., Defendants. , W.D.Mo., October 28, 2009 Thomas L. Williams, Fleischaker & Williams, LC, Joplin, MO, for Plaintiff. John Philip Hurley, Jolley Walsh Hurley Raisher & Aubry, P.C., Kansas City, MO, for Defendants. AMENDED ORDER GARY A. FENNER, District Judge. On September 5, 2008, this Court entered an Order granting Plaintiff Linda Turner's ("Plaintiff") Motion for Summary Judgment and denying Defendant United Steelworkers of America Local 812, et al.'s (the "Union") Motion for Summary Judgment. (Doc. # 24). In accordance with t... Arthur Thomas REED, Plaintiff, v. ST. LOUIS CITY POLICE DEPARTMENT, et al., Defendants. , E.D.Mo., October 28, 2009 Arthur Thomas Reed, St. Louis, MO, pro se. MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court upon the application of Arthur Thomas Reed (registration no. 12483) for leave to commence this action without payment of the required filing fee. 28 U.S.C. § 1915(b)(1) Pursuant to 28 U.S.C. § 1915(b)(1), a prisoner bringing a civil action in forma pauperis is required to pay the full amount of the filing fee. If the prisoner has insufficient funds in his priso... Brandon McALISTER, Plaintiff, v. SCOTTSDALE INSURANCE COMPANY, Defendant. , E.D.Mo., October 28, 2009 Kathleen A. Wolz, Phillip J. Barkett, Jr., Cook and Barkett, Cape Girardeau, MO, for Plaintiff. Amanda D. Cochran, Blanton and Rice, Sikeston, MO, for Defendant. MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR., District Judge. This matter is before the Court on Plaintiff's Motion to Remand (# 6), filed September 10, 2009. Defendant filed a memorandum in opposition (# 7) on September 18, 2009, but Plaintiff has not filed a reply. This matter is now ripe for disposition. This cause of act... Yusuf Tareek STROUD, Plaintiff, v. ST. LOUIS CITY POLICE DEPT., et. al., Defendants. , E.D.Mo., October 28, 2009 James W. Schottel, Jr., Schottel and Associates, P.C., St. Louis, MO, for Plaintiff. Denise Garrison McElvein, Attorney General of Missouri, St. Louis, MO, for Defendants. MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR., District Judge. Plaintiff has filed this § 1983 and state law action alleging the unconstitutional use of excessive force, failure to supervise and/or train, failure to remedy the "widespread practice" of excessive force, and assault and battery arising from his arrest in ... Thomas P. DUTTON, et. al., Plaintiffs, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Mo., October 28, 2009 Thomas P. Dutton, Kirkwood, MO, pro se. Mary C. Sleater, Kirkwood, MO, pro se. Regina C. Dutton, Kirkwood, MO, pro se. Patrick T. Dutton, Kirkwood, MO, pro se. M.C. Dutton, Kirkwood, MO, pro se. Jane Rund, Office of U.S. Attorney, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR., District Judge. This matter is before the Court on the plaintiffs' bill of costs and plaintiff Mary Sleater's motion for attorneys' fees pursuant to the Equal Access to Jus... Ashlee R. BROWN, individually, and on behalf of all others similarly situated, Plaintiff, v. CITY CHEVROLET, LLC, Defendant. , W.D.Mo., October 28, 2009 Keith Christopher, Mitchell L. Burgess, Burgess & Lamb, PC, Ralph K. Phalen, Attorney at Law, Kansas City, MO, for Plaintiff. David J. Roberts, Kevin D. Case, Patric Shane Linden, Case & Roberts, P.C, Kansas City, MO, for Defendant. ORDER GARY A. FENNER, District Judge. Presently before the Court is Plaintiff Ashlee R. Brown's ("Plaintiff") Motion to Remand pursuant to 28 U.S.C. § 1447. (Doc. # 6). Plaintiff argues Defendant City Chevrolet, LLC ("Defendant"), has failed to establish dive... LOCAL 513, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, et al., Plaintiffs, v. ARROW TRENCHING, INC., Defendant. , E.D.Mo., October 27, 2009 ORDER CHARLES A. SHAW, District Judge. This matter is before the Court on Plaintiffs' Motion To Compel. The Motion is supported by a Memorandum In Support and an Affidavit of Attorney James R. Kimmey. The Court entered Default Judgment against Defendant, Arrow Trenching, Inc. on May 6, 2009, in the amount of $246,168.18. Plaintiffs attempted garnishment/execution, but recovered only $8,454.54 of the Judgment total. Counsel for Plaintiffs noticed Anthony S. Somers, President of Defendant Ar... UNITED STATES of America, Plaintiff, v. Bryan Thomas RAY, Defendant. , W.D.Mo., October 27, 2009 ORDER RICHARD E. DORR, District Judge. Before the Court is Defendant's Motion to Suppress Evidence (Doc. 91), the Government's Response (Doc. 97), and the Report and Recommendation of United States Magistrate Judge (Doc. 111). Upon careful and independent review of the pending motion, the suggestions filed by the parties in regard to said motion, and the applicable law, the Court hereby ADOPTS the Report and Recommendation of United States Magistrate Judge (Doc. 111) in full. Defendant's M... UNITED STATES of America, Plaintiff, v. Javon A. LOONEY, Defendant. , W.D.Mo., October 27, 2009 ORDER GARY A. FENNER, District Judge. Now pending before the Court is Defendant's Motion to Suppress Evidence (Doc. # 24) on the grounds that the search of his vehicle was conducted in violation of the Fourth Amendment. Defendant requests that the firearm recovered from the vehicle, as well as his subsequent statements be suppressed. On August 4, 2009, United States Magistrate Judge Robert E. Larsen conducted an evidentiary hearing on the motion to suppress. On October 15, 2009, United... UNITED STATES of America, Plaintiff, v. Ralph BALLARD, Defendant. , E.D.Mo., October 27, 2009 ORDER CAROL E. JACKSON, District Judge. Pursuant to 28 U.S.C. § 636(b), the Court referred all pretrial matters in this case to United States Magistrate Judge Mary Ann L. Medler for determination and recommended disposition, where appropriate. On October 6, 2009, Judge Medler issued a Report and Recommendation with respect to the motion filed by defendant Ralph Ballard to suppress evidence. The defendant filed timely objections to the magistrate judge's recommendation that his suppression mot... Milton DOWELL, Petitioner, v. Marty C. ANDERSON, Warden, United States Medical Center for Federal Prisoners, Respondent. , W.D.Mo., October 27, 2009 Milton Dowell, Springfield, MO, pro se. Cynthia J. Hyde, Assistant United States Attorney, Joseph McGuire, Springfield, MO, for Respondent. ORDER AND JUDGMENT RICHARD E. DORR, District Judge. Pursuant to the governing law and in accordance with Local Rule 72.1 of the United States District Court for the Western District of Missouri, the petition herein for a writ of habeas corpus was referred to the United States Magistrate for preliminary review under the provisions of 28 U.S.C. § 636(b... Roberta BUCKLEY, Plaintiff(s), v. STARWOOD HOTELS & RESORTS WORLDWIDE, INC., Defendant(s). , E.D.Mo., October 27, 2009 Spencer E. Farris, S.E. Farris Law Firm, St. Louis, MO, for Plaintiff(s). Chad D. Silker, James L. Stockberger, Armstrong Teasdale, LLP St. Louis, MO, for Defendant(s). MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Defendant Starwood Hotels & Resorts Worldwide, Inc.'s ("Starwood") Motion to Dismiss Plaintiff's Amended Complaint, filed July 23, 2009. (Doc. No. 10). The matter has been fully briefed and is ready for disposition. BACKGROUND [FN1... Jenifer ALDAY, Tina Johnson, Nancy Rice, Katherine Patterson, and Erin Grimes, Plaintiffs, v. ORGANON USA, INC., et al, Defendants. , E.D.Mo., October 27, 2009 John T. Kirtley, III, Ferrer and Poirot, Dallas, TX, for Plaintiffs. Bryant T. Lamer, Spencer And Fane, LLP, Kansas City, MO, Deirdre C. Gallagher, Thomas W. Hayde, Jr., Spencer and Fane, LLP, St. Louis, MO, for Defendants. MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. On July 1, 2009, Plaintiffs filed a lawsuit against Defendants in the State Court of Christian County, State of Missouri, Case No. 09CT-CV00720. Plaintiffs sued for their injuries allegedly caused by their use of ... Joel M. SCHNARE, Plaintiff, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, d/b/a First Unum Life Insurance Company, Defendant. , W.D.Mo., October 27, 2009 ORDER FERNANDO J. GAITAN, JR., Chief District Judge. Pending before the Court is (1) Plaintiff's Motion for Summary Judgment (Doc. No. 20), and (2) Defendant's Motion for Summary Judgment (Doc. No. 18), together with the administrative record. I. BACKGROUND [FN1] FN1. In accordance with Local Rule 56.1(a), "[a]ll facts set forth in the statement of the movant shall be deemed admitted for the purpose of summary judgment unless specifically controverted by the opposing party." See Ruby v. S... CERNER CORPORATION, Plaintiff/Counter-Defendant, v. VISICU, INC., Defendant/Counterclaimant. , W.D.Mo., October 26, 2009 Bart A. Starr, Basil Trent Webb, Holly L. Teeter, Jason Mudd, Jonathan N. Zerger, Shook Hardy & Bacon LLP, Kansas City, MO, for Plaintiff/Counter-Defendant. Todd R. Samelman, Autumn N. Nero, Colin G. Sandercock, David L. Anstaett, David E. Jones, Steven W. Allis, Perkins Coie, LLP, Washington, DC, Gerald M. Kraai, Lathrop & Gage LLP, Overland Park, KS, John S. Skilton, Lissa R. Koop, Perkins Coie, LLP, Madison, WI, Warren J. Rheaume, Davis Wright Tremaine LLP, Seattle, WA, for Defendant/Coun... Carlos R. BRANDON, Movant, v. UNITED STATES of America, Respondent. , W.D.Mo., October 26, 2009 ORDER AND OPINION (1) DENYING MOTION FOR POSTCONVICTION RELIEF PURSUANT TO 28 U.S.C. § 2255 AND (2) GRANTING CERTIFICATE OF APPEALABILITY ORTRIE D. SMITH, District Judge. Pending is Movant's Motion for Postconviction Relief Pursuant to 28 U.S.C. § 2255. The motion is denied. I. BACKGROUND Movant was charged with various drug and firearm crimes. Prior to trial, the Government filed an information pursuant to 21 U.S.C. § 851 that established Defendant had two prior drug convictions and the G... ACTION MAILING CORPORATION, Plaintiff, v. HEWLETT-PACKARD COMPANY, Defendant. , W.D.Mo., October 26, 2009 ORDER GARY A. FENNER, District Judge. Presently before the Court is Defendant Hewlett-Packard Company's ("HP") Motion for Summary Judgment. (Doc. # 36). HP asserts Plaintiff Action Mailing Corporation's ("Action") claims are barred by the applicable statute of limitations and/or otherwise inadequate to raise a material question of fact that would entitle Action to the relief requested. (Doc. # # 36, 37). HP further request the Court grant Summary Judgment regarding its counterclaim for amount... UNITED STATES of America, Plaintiff(s), v. Donald James ZAKRZEWSKI, Defendant(s). , E.D.Mo., October 26, 2009 Cristian M. Stevens, Office of U.S. Attorney, St. Louis, MO, for Plaintiff. ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Defendant's pre-trial Motion to Suppress Statements (Doc. No. 38), and Motion to Suppress Evidence (Doc. No. 39). Pursuant to 28 U.S.C. § 636(b), this matter was referred to United States Magistrate Judge David D. Noce, who filed a Report and Recommendation on September 10, 2009. Neither party submitted objections to the Report and Recommenda... Paul E. MAYFIELD, Plaintiff(s), v. LUTHERAN SENIOR SERVICES, et al., Defendant(s). , E.D.Mo., October 26, 2009 Michael Waxenberg, St. Louis, MO, for Plaintiff. Harry W. Wellford, Jr., Patricia J. Martin, Littler Mendelson, P.C., St. Louis, MO, for Defendants. MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Plaintiff's Motion to Remand, filed September 5, 2009. (Doc. No. 8). The matter is fully briefed and ready for disposition. BACKGROUND On or about December 22, 2008, Plaintiff Paul E. Mayfield filed a Petition for Violation of the Missouri Human Right... Michael K. ANDERSON, Plaintiff, v. State of MISSOURI, et al., Defendants. , E.D.Mo., October 26, 2009 MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court upon the motion of Michael Anderson (registration no. 518933), an inmate at Moberly Correctional Center, for leave to commence this action without payment of the required filing fee [Doc. # 2]. For the reasons stated below, the Court finds that plaintiff does not have sufficient funds to pay the entire filing fee and will assess an initial partial filing fee of $6.20. See28 U.S.C. § 1915(b)(1). Furthermore... Angela OHL-MARSTERS, Plaintiff, v. Rev. Robert JOHNSTON, et al., Defendants. , E.D.Mo., October 26, 2009 Timothy J. Freiberg, Freiberg Law Office, Roscoe, IL, for Plaintiff. J. Christian Goeke, Law Offices of J. Christian Goeke, P.C., Clayton, MO, Edward S. Bott, Jr., Edward M. Goldenhersh, Robert L. Duckels, Greensfelder And Hemker, PC, St. Louis, MO, for Defendants. MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court upon the motion of defendant Catholic Archdiocese of St. Louis to dismiss Counts IV through VI of the amended complaint pursuant to Rule 1... Matthew McCORMICK, Plaintiff, v. Rev. Robert JOHNSTON, et al., Defendants. , E.D.Mo., October 26, 2009 Timothy J. Freiberg, Freiberg Law Office, Roscoe, IL, for Plaintiff. J. Christian Goeke, Law Offices of J. Christian Goeke, P.C., Clayton, MO, Edward S. Bott, Jr., Edward M. Goldenhersh, Robert L. Duckels, Greensfelder and Hemker, PC, St. Louis, MO, for Defendants. MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court upon the motion of defendant Catholic Archdiocese of St. Louis to dismiss Counts IV through VI of the amended complaint pursuant to Rule 1... LASCO FOODS, INC., Plaintiff, v. HALL AND SHAW SALES, MARKETING, & CONSULTING, LLC, et al., [FN1] Defendants. FN1. Plaintiff dismissed its claims against Consolidated Mills, Inc., with prejudice, on September 11, 2009. (Doc. No. 73). , E.D.Mo., October 26, 2009 Burton D. Garland, Jr., Nathan J. Plumb, Rodney A. Harrison, Ogletree and Deakins, St. Louis, MO, for Plaintiff. Brian E. McGovern, Bryan M. Kaemmerer, McCarthy and Leonard, Chesterfield, MO, for Defendants. MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint ("Motion") (Doc. No. 50). [FN2] The matter is fully briefed and ready for disposition. FN2. This Court previously granted Defend... Demetrius A. RILEY, Plaintiff, v. SOUTHEAST CORRECTIONAL CENTER, et al., Defendants. , E.D.Mo., October 26, 2009 Demetrius A. Riley, Bonne Terre, MO, pro se. MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, JR., District Judge. This matter is before the Court upon the motion of Demetrius A. Riley (registration no. 188235) for leave to commence this action without payment of the required filing fee [Doc. # 3]. For the reasons stated below, the Court finds that plaintiff does not have sufficient funds to pay the entire filing fee. The Court will assess an initial partial filing fee of $2.92. See28 U.S.C. § 19... Gordon FRANKLIN, Jr., Petitioner, v. VETERAN'S ADMINISTRATION, Respondent. , W.D.Mo., October 26, 2009 Gordon Franklin, Jr., Springfield, MO, pro se. David R. Mercer, Office of the Federal Public Defender, Springfield, MO, for Petitioner. Cynthia J. Hyde, Assistant United States Attorney, Joseph McGuire, Springfield, MO, for Respondent. ORDER AND JUDGMENT RICHARD E. DORR, District Judge. Pursuant to the governing law and in accordance with Local Rule 72.1 of the United States District Court for the Western District of Missouri, the petition herein for a writ of habeas corpus was referr... Victoria SCOTT, Plaintiff, v. COACH, INC., Defendant. , W.D.Mo., October 26, 2009 Larry D. Coleman, Larry Delano Coleman, Raytown, MO, for Plaintiff. Jacqueline M. Sexton, Foland & Wickens, PC, W. James Foland, Foland, Wickens, Eisfelder, Roper, & Hofer, PC, Kansas City, MO, for Defendant. MEMORANDUM AND ORDER HOWARD F. SACHS, District Judge. Plaintiff, a shopper at defendant's store, complains of race discrimination in processing her credit card, used to purchase merchandise. She contends that she observed two white customers purchase goods with credit cards without ... EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff(s), v. ABERCROMBIE & FITCH STORES, INC., et al., Defendant(s). , E.D.Mo., October 26, 2009 Melvin D. Kennedy, EEOC, St. Louis, MO, for Plaintiff. Daniel J. Clark, Mark A. Knueve, Vorys and Sater, Columbus, OH, Robert A. Kaiser, Armstrong Teasdale, LLP, St. Louis, MO, for Defendants. MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Plaintiff's Motion to Exclude Expert Testimony and Expert Reports of Dr. Erich Joachimsthaler and Dr. Kathleen Lundquist, filed July 31, 2009. (Doc. No. 22). The matter is fully briefed and ready for disposit... EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff(s), v. ABERCROMBIE & FITCH STORES, INC., et al., Defendant(s). , E.D.Mo., October 26, 2009 Melvin D. Kennedy, St. Louis, MO, for Plaintiff. Daniel J. Clark, Mark A. Knueve, Vorys and Sater, Columbus, OH, Robert A. Kaiser, Armstrong Teasdale, LLP, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Defendants' Motion for Summary Judgment, filed July 31, 2009. (Doc. No. 21). The matter is fully briefed and ready for disposition. BACKGROUND On November 26, 2006, Lakettra Bennett ("Bennett") was hired by Defend... Shawn Stacey PECK, Petitioner, v. Jill McGUIRE, Respondent. , E.D.Mo., October 26, 2009 Shawn Stacey Peck, Tipton, MO, pro se. MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on petitioner's response to the Court's Order to Show Cause why the applicant's petition for writ of habeas corpus, 28 U.S.C. § 2254, should not be dismissed as time barred. After reviewing the response, the Court finds that the petition is barred by the statute of limitations. As a result, the Court will dismiss the petition without further proceedings. Petitione... EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff(s), v. ABERCROMBIE & FITCH STORES, INC., et al., Defendant(s). , E.D.Mo., October 26, 2009 MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Plaintiff's Motion for Partial Summary Judgment as to Liability, filed July 31, 2009. (Doc. No. 25). The matter is fully briefed and ready for disposition. BACKGROUND On November 26, 2006, Lakettra Bennett ("Bennett") was hired by Defendants to work as a sales person or "model" in their Abercrombie & Fitch store in Fairview Heights, Illinois. (Plaintiff's Memorandum in Support of its Motion for Partial... Kevin LEMERY, et al., Plaintiff, v. Chelsea DUROSO, et al., Defendant. , E.D.Mo., October 26, 2009 Bhavik R. Patel, Martin L. Daesch, Sandberg Phoenix, P.C., St. Louis, MO, for Plaintiffs. John R. Gunn, Gunn Law Firm, St. Louis, MO, for Defendants. MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on Plaintiffs' Second Motion to Strike Affirmative Defenses ("Motion"). (Doc. No. 30). BACKGROUND The Court summarized the background of this case in detail in its Memorandum and Order, dated June 16, 2009. (Doc. No. 24). In its prior Order, the Court s... Robert BELL, Jr., Plaintiff(s), v. Paula PHILLIPS, et al., Defendant(s). , E.D.Mo., October 26, 2009 Robert Bell, Jr., Charleston, MO, pro se. MEMORANDUM AND ORDER JEAN C. HAMILTON, District Judge. This matter is before the Court on review of plaintiff's complaint and motion for leave to proceed in forma pauperis filed on July 29, 2009. Plaintiff, an inmate at the Southeast Correctional Center ("SECC"), has filed at least three previous cases that were dismissed as frivolous, malicious, or for failure to state a claim. [FN1] Under 28 U.S.C. § 1915(g), therefore, the Court may not grant the... UNITED STATES of America, Plaintiff, v. Wesley T. FRASHER, Defendant. , W.D.Mo., October 23, 2009 Bruce Eugene Clark, United States Attorney's Office, Kansas City, MO, for Plaintiff. ORDER DEAN WHIPPLE, District Judge. Before the Court is Magistrate Judge Sarah W. Hays' Report and Recommendations (Doc. 52) denying Defendant's Motion to Suppress (Doc. 42). Defendant filed objections to the Report and Recommendation (Doc. 55). After an independent review of the transcript of the evidentiary hearing, the applicable law, and the parties' arguments, the Court ADOPTS the Magistrate's proposed... SCF MARINE, INC., Plaintiff, v. MISSISSIPPI LIME COMPANY, d/b/a Falco Lime, Defendant. , E.D.Mo., October 23, 2009 MEMORANDUM AND ORDER CHARLES A. SHAW, District Judge. This matter is before the Court on third-party defendant Big River Shipbuilders, Inc.'s ("Big River") motion to dismiss for lack of personal jurisdiction, or alternatively, to transfer due to improper venue. Defendant/third-party plaintiff Mississippi Lime Company d/b/a Falco Lime ("Mississippi Lime") opposes the motion. Plaintiff SCF Marine, Inc. ("SCF") takes no position with respect to the motion to dismiss for lack of personal jurisdic... Randy MACKEY, Plaintiff, v. ACL TRANSPORTATION LLC, at el., Defendants. , E.D.Mo., October 23, 2009 MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court on defendants' motion to dismiss plaintiff's complaint for failure to state a claim upon which relief can be granted. SeeFed.R.Civ.P. 12(b)(6). Plaintiff has not filed a response to the motion and the time allowed for doing so has expired. I. Background Plaintiff is a male citizen of the State of Missouri, who is over the age of forty. Defendant ACL Transportation Services LLC (ACL) is a limited liabilit... HBE CORPORATION, Plaintiff, v. Wayne BURRUS, Defendant. , E.D.Mo., October 23, 2009 Edward M. Goldenhersh, Greensfelder And Hemker, PC, St. Louis, MO, for Plaintiff. Jerome J. Dobson, Jonathan C. Berns, Dobson and Goldberg, St. Louis, MO, for Defendant. OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY, District Judge. This matter is before the Court on Defendant's Motion to Dismiss, or in the Alternative, to Stay the Litigation, [Doc. No. 8]. Plaintiff opposes the Motion, and has filed a written memorandum in opposition. For the reasons set forth below, the alternative... DATA MANUFACTURING, INC., Plaintiff, v. UNITED PARCEL SERVICE, INC., Defendant. , E.D.Mo., October 23, 2009 Ted F. Frapolli, Frapolli Law Office, St. Louis, MO, for Plaintiff. Cari K. Dawson, Nowell D. Berreth, Alston and Bird, LLP, Atlanta, GA, Jovita M. Foster, Patrick J. Kenny, Armstrong Teasdale, LLP, St. Louis, MO, for Defendant. MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court on defendant's motion to dismiss following remand from the United States Court of Appeals for the Eighth Circuit. Plaintiff opposes the motion and the issues are fully briefed... Lonny ROARK, et al., Plaintiffs, v. SOUTH IRON R-1 SCHOOL DISTRICT, et al., Defendants. , E.D.Mo., October 23, 2009 MEMORANDUM AND ORDER CATHERINE D. PERRY, District Judge. I previously entered a permanent injunction and declaratory judgment in favor of plaintiffs, and thereafter entered an order awarding plaintiffs attorneys' fees and costs as the prevailing parties. I stayed the execution of that fee award, however, while defendants pursued an appeal from the final judgment. Defendants acknowledged at that time that interest on the award of attorney's fees and costs would accrue during the stay. Now that... ADVANCED SOFTWARE DESIGN CORPORATION, et al., Plaintiffs, v. FISERV, INC., Defendant. , E.D.Mo., October 23, 2009 Keith A. Rabenberg, Michael J. Hartley, Sara Weilert Gillette, Senniger Powers, St. Louis, MO, for Plaintiffs. Anthony S. Baish, William E. Duffin, William H. Levit, Jr., Godfrey and Kahn, S.C., Milwaukee, WI, Brian D. Roche, Michael P. Bregenzer, Michael M. Geoffrey, Raven Moore, Reed Smith LLP, Chicago, IL, John H. Quinn, III, Michael H. Longmeyer, Nicholas B. Clifford, Jr., Armstrong Teasdale, LLP, Martin M. Green, Green Jacobson, P.C., St. Louis, MO, for Defendant. MEMORANDUM AND ORDER ... Andre PORTER, Plaintiff, v. ST. LOUIS COUNTY, MISSOURI, et al., Defendants. , E.D.Mo., October 23, 2009 MEMORANDUM AND ORDER E. RICHARD WEBBER, District Judge. This matter comes before the Court on Plaintiff's Motion in Request to Vacate, Set Aside, or Amend Court's Order [doc. # 48] and Defendants' Motion for Sanctions [doc. # 39]. Plaintiff Andre Porter ("Plaintiff") argues in his Motion that the Court erred in its Order dated October 5, 2009 [doc. # 38], denying Plaintiff's Motion for Reconsideration of Appointment of Counsel [doc. # 35] and granting Defendants' Motion to Stay [doc. # 37]... Dorsey MOWMAN, Plaintiff, v. GATEWAY HOTEL HOLDINGS d/b/a The Millennium Hotel, Defendant. , E.D.Mo., October 23, 2009 Mark E. Moreland, Mark E. Moreland, LLC, St. Louis, MO, for Plaintiff. Dale M. Weppner, Mary L. Taylor, Mandy J. Hobson, Greensfelder and Hemker, P.C., St. Louis, MO, for Defendant. MEMORANDUM AND ORDER CAROL E. JACKSON, District Judge. This matter is before the Court on plaintiff's motion to remand the action the Twenty-Second Judicial Circuit Court of Missouri (City of St. Louis) from which it was removed. On April 20, 2009, plaintiff Dorsey Mowman filed this action in the St. Louis... Jimmie T. McGEE-EL, Plaintiff, v. Chadra HARTEGAN, et al., Defendants. , E.D.Mo., October 23, 2009 Jimmie T. McGee-El, Bonne Terre, MO, pro se. Chanekka S. Buckingham, Attorney General of Missouri, St. Louis, MO, for Defendants. MEMORANDUM AND ORDER E. RICHARD WEBBER, District Judge. This matter comes before the Court on Plaintiff's Motion to Alter Judgment [doc. # 60] and Plaintiff's Motion for Leave to File Plaintiff's First Amended Complaint [doc. # 63]. The Court concludes that Plaintiff Jimmie T. McGee-El ("Plaintiff") has not alleged any errors in his Motion to Alter Judgment... In re NUVARING PRODUCTS LIABILITY LITIGATION. , E.D.Mo., October 23, 2009 MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. Defendants in this action (collectively referred to as Organon) filed a motion to require Plaintiffs to file a master consolidated complaint. Plaintiffs initially objected to the motion but eventually consented to file a master complaint. On November 7, 2008, I granted Organon's motion noting it was by consent. Plaintiffs filed a master consolidated complaint on February 6, 2009. On March 31, 2009, Organon moved to dismiss the master c... RENAISSANCE LEARNING, INC., Plaintiff, v. METIRI GROUP, LLC, Defendant. , W.D.Mo., October 23, 2009 James M. Weiss, K. Lee Marshall, Bryan Cave, St. Louis, MO, Mark W. Brennan, Rick E. Frawley, Robert J. Hoffman, Bryan Cave LLP, Kansas City, MO, for Plaintiff. Lee M. Baty, Baty, Matthew Westering, Theresa A. Otto, Holm & Numrich, PC, John G. Schultz, Franke Schultz & Mullen, Kansas City, MO, Michael J. Lancaster, Irvine, CA, for Defendant. ORDER SARAH W. HAYS, United States Magistrate Judge. Plaintiff Renaissance Learning, Inc. ("RLI") filed its First Amended Complaint (doc # 67) on Se... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com