U.S. District Courts - Tennessee ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCommunicationsCriminal JusticeEducationEnergyEnvironmental LawFamily LawFinance & BankingGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsMilitary LawNative Americans LawPension & Retirement BenefitsProducts LiabilityTaxation Terry Edwin JUSTUS, Petitioner, v. Steve DOTSON, Warden, Respondent. , E.D.Tenn., November 18, 2009 MEMORANDUM OPINION THOMAS W. PHILLIPS, District Judge. This is a pro se petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter is before the court on the motion to dismiss filed by the Attorney General for the State of Tennessee, on behalf of the respondent; petitioner has not filed a response to the dispositive motion. For the following reasons, the motion to dismiss [Court File No. 8] will be GRANTED and this action will be DISMISSED. Petitioner Terry Edwin Justus ... UNITED STATES of America v. Jesus HUERTA. , E.D.Tenn., November 18, 2009 ORDER J. RONNIE GREER, District Judge. This criminal matter is before the Court to consider several Reports and Recommendations of the United States Magistrate Judge. The defendant has filed no objections to these reports. After careful consideration of the Reports and Recommendations of the United States Magistrate Judge, it is hereby ORDERED as follows: 1. The Report and Recommendation dated October 28, 2009 is ADOPTED and APPROVED, [Doc. 629], and the Second Motion to Suppress filed ... Sarah COOK, on behalf of herself and all similarly situated persons, Plaintiff, v. SHELBY COUNTY HEALTHCARE CORP., d/b/a/ The Regional Medical Center, a/k/a/ The Med, Defendant. , W.D.Tenn., November 18, 2009 Frank L. Watson, III, William F. Burns, Watson Burns, LLC, John M. Zuck, Bailey and Benfield, PLLC, Memphis, TN, for Plaintiff. John I. Houseal, Jr., Don Lester Hearn, Jr., Glankler Brown, PLLC, Memphis, TN, for Defendant. ORDER DENYING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT JON P. McCALLA, Chief Judge. Before the Court is Defendant Shelby County Healthcare Corp.'s (the "Med") Motion for Partial Summary Judgment (Docket Entry ("D .E.") 45), filed September 16, 2009. Plaintiff S... Robert DONALDSON, Plaintiff, v. BAC HOME LOANS SERVICING, L.P., et al., Defendants. , M.D.Tenn., November 18, 2009 Robert Donaldson, Nashville, TN, pro se. Donna L. Roberts, Stites & Harbison, PLLC, Nashville, TN, for Defendants. ORDER JOE B. BROWN, United States Magistrate Judge. The plaintiff filed a Motion for Contempt (Docket Entry No. 22) contending that the defendants had violated an agreement with the Court not to undertake foreclosure matters in this case without notifying the Court. This matter was first brought to the attention of the Magistrate Judge on August 27, 2009, during a case ma... Charles E. HAMLET, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , M.D.Tenn., November 18, 2009 MEMORANDUM OPINION THOMAS A. WISEMAN, JR., Senior District Judge. Before the Court is Plaintiff Charles E. Hamlet's Motion for Judgment on the Administrative Record (Doc. No. 10) and supporting memorandum (Doc. No. 11) seeking judicial review of the Commissioner's denial of Plaintiff's claim for Supplemental Security Income ("SSI") and Disability Insurance Benefits ("DIB"), as well as the Commissioner's Motion for Judgment on the Pleadings (Doc. No. 12.) The Court withdraws the previous refer... Carrie K. VINGELEN and William L. Kline, II, Plaintiffs, v. Elizabeth C. WEAVER, Defendant. , M.D.Tenn., November 18, 2009 MEMORANDUM OPINION THOMAS A. WISEMAN, JR., Senior District Judge. This action was originally filed in the Chancery Court for Davidson County, Tennessee on May 13, 2009, seeking equitable relief only, concerning the disposition of the assets of an Annuity Contract (the "Hartford Annuity") "residing in" the William L. Kline Individual 401(k) Plan (Account No. 712117586) (the "Plan"), and of a life insurance policy insuring the life of William L. Kline, deceased. Plaintiffs and Defendant are, re... Mark Joseph STAGGS, Plaintiff, v. LEWIS COUNTY JAIL, et al., Defendants. , M.D.Tenn., November 17, 2009 MEMORANDUM TODD CAMPBELL, District Judge. The plaintiff, proceeding pro se and in forma pauperis, is a prisoner in the Lewis County Jail in Hohenwald, Tennessee. He brings this action under 42 U.S.C. § 1983 against the Louis County Jail and Rebecca Carroll, the jail administrator. The plaintiff seeks money damages, alleging violations of his rights under the First and Eighth Amendments. Owing to its brevity, the statement of the plaintiff's claim is quoted below in its entirety: From t... Johnny GANT, Plaintiff, v. TENNESSEE PROBATE COURT for the SEVENTH CIRCUIT, Defendant. , M.D.Tenn., November 17, 2009 MEMORANDUM TODD CAMPBELL, District Judge. The plaintiff, proceeding pro se and in forma pauperis, has filed a complaint to remove a pending state probate action to the district court. It also appears that the plaintiff is seeking relief under 28 U.S.C. § 1983 and § 1985(3). The plaintiff names the Tennessee Probate Court for the Seventh Circuit (the Probate Court) as the sole defendant to this action. Removal The relevant statute with respect to removal is 28 U.S.C. § 1441. Section 1441 pr... Robert MITCHOM, Plaintiff, v. HCA MANAGEMENT SERVICES, L.P., Defendant. , M.D.Tenn., November 17, 2009 MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. Plaintiff, Robert Mitchom, filed this action under Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e et seq., against the Defendant HCA Management Services, L.P., ("HCA-MS"). Plaintiff asserts a claim of racial discrimination in the Defendant's administration of its reduction in force at its Nashville office. Before the Court is the Defendant's motion for summary judgment (Docket Entry No. 22), contending, in sum, tha... Jamie BELK, a minor child, by next friend Helen Belk, and Helen Belk, Plaintiffs, v. Officer Brent HUBBARD, Unnamed Officer, and Kimball, Tennessee Police Department, Defendants. , E.D.Tenn., November 16, 2009 MEMORANDUM CURTIS L. COLLIER, Chief Judge. Before the Court is a motion to dismiss filed by Defendant Officer Brent Hubbard and the Town of Kimball [FN1] ("Defendants") (Court File No. 6). Plaintiffs Jamie Belk [FN2] and Helen Belk ("Plaintiffs") responded to the motion to dismiss (Court File No. 8), to which Defendants replied (Court File No. 11). In addition, Plaintiffs filed a motion to amend their complaint (Court File No. 9) and Defendants filed a response in opposition to this motion ... NUKOTE INTERNATIONAL, INC., Plaintiff, v. OFFICE DEPOT, INC., Defendant. , M.D.Tenn., November 16, 2009 ORDER ALETA A. TRAUGER, District Judge. For the reasons expressed in the accompanying Memorandum, the Motion to Withdraw the Reference, Transfer Venue, and Extend the Time to Respond to the Complaint filed by the defendant, Office Depot, Inc. (Docket No. 1) is GRANTED and this case is hereby TRANSFERRED to the United States District Court for the Southern District of Florida (West Palm Beach Division). It is so ordered. MEMORANDUM Pending before the court is a Motion to Withdraw the Refe... Gary T. WINNETT, et al., Plaintiffs, v. CATERPILLAR INC., Defendant/Third-Party Plaintiff, v. International Union, UAW, et al., Third-Party Defendants. Judith K. Kerns, et al., Plaintiffs, v. Caterpillar Inc., Defendant/Third-Party Plaintiff, , M.D.Tenn., November 16, 2009 MEMORANDUM ALETA A. TRAUGER, District Judge. In these class actions lawsuits, retirees of Caterpillar, Inc. ("Caterpillar") and surviving spouses of those retirees seek lifetime no-cost retiree health care benefits. The plaintiffs' claims are brought under Section 301 of the Labor-Management Relations Act ("LMRA"), 29 U.S.C. § 185, and under Section 502(a) (1)(B) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(1)(B). The plaintiffs seek declaratory and i... Jessica WHITFIELD, Plaintiff, v. State of TENNESSEE, et al., Defendants. , M.D.Tenn., November 16, 2009 MEMORANDUM ROBERT L. ECHOLS, District Judge. Defendants State of Tennessee Department of Mental Health and Developmental Disabilities ("TDMHDD"), and TDMHDD Commissioner Virginia Trotter Betts filed Defendants' Motion For Summary Judgment (Docket Entry No. 23), to which Plaintiff Jessica Whitfield filed a response in opposition (Docket Entry No. 31) and Defendants filed a reply (Docket Entry No. 33). Plaintiff is a thirty-three year old former administrative secretary for TDMHDD, whose emp... Stephen Douglas BARRON, Plaintiff, v. PGA TOUR, INC., Defendant. , W.D.Tenn., November 16, 2009 Arthur E. Horne, III, Murray B. Wells, Horne & Wells, PLLC, Jeffrey S. Rosenblum, Marc E. Reisman, Rosenblum & Reisman, Amy Stokes Hickerson, Memphis, TN, for Plaintiff. Daniel Warren Van Horn, Frank M. Holbrook, Randall D. Noel, Butler Snow O'Mara Stevens & Canada, PLLC, Memphis, TN, for Defendant. ORDER DENYING PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER TU M. PHAM, United States Magistrate Judge. On Thursday, November 12, 2009, plaintiff Stephen Douglas Barron ("Doug Barron" or... Brandy Lee PARK, Plaintiff, v. KIMC NASHVILLE, LLC a/k/a Medvance Institute, and, Defendant. , M.D.Tenn., November 16, 2009 MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. Plaintiff, Brandy Lee Park, filed this action under Title II of the American with Disabilities Act ("ADA") 42 U.S.C. § 12101 et seq. and Section 504 of the Rehabilitation Act of 1973 ("RA") 29 U.S.C. § 794 against the Defendant [FN1] KIMC Nashville, LLC also known as MedVance Institute. MedVance, an educational institution, provides healthcare career training and Plaintiff was a student at its institution. In sum, Plaintiff alleges that the ... UNITED STATES of America v. Darrell FRAZIER. , E.D.Tenn., November 13, 2009 MEMORANDUM AND ORDER R. ALLAN EDGAR, District Judge. Federal prisoner Darrell Frazier moves pursuant to Fed.R.Civ.P. 60(b)(6) for relief from the order entered by this Court on October 20, 1997, denying his motion for post-conviction relief under 28 U.S.C. § 2255. After reviewing the record, the Court concludes that Frazier is not entitled to relief pursuant to Fed.R.Civ.P. 60(b)(6) and his motions will be denied as frivolous. On January 22, 1990, this Court entered the judgment of convict... Connie Ray EDMISTON v. UNITED STATES of America. , E.D.Tenn., November 13, 2009 MEMORANDUM R. ALLAN EDGAR, District Judge. Connie Ray Edmiston ("Edmiston") has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 [Criminal Court File No. 89]. [FN1] Edmiston's claims are difficult to decipher, as he has raised three factually unsupported claims in his § 2255 motion, and, in his supporting documents, it appears that he is attempting to raise other factually unsupported claims. The Court discerns that he has raised several alleged instan... Roger Dale LEWIS, Plaintiff, v. CITY OF HENDERSONVILLE, et al., Defendants. , M.D.Tenn., November 13, 2009 MEMORANDUM TODD CAMPBELL, District Judge. The plaintiff, proceeding pro se and in forma pauperis, is a prisoner in the Turney Center Industrial Prison in Only, Tennessee. He brings this action under 42 U.S.C. § 1983 against the City of Hendersonville, and twelve (12) other defendants. The plaintiff seeks money damages only, alleging violations of his rights under the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments. The complaint stems from the circumstances of the plaintiff's 1993 ... Elouise DENEND, also known as the Tenth Street Money Store, Plaintiffs, v. TENNESSEE DEPT. OF FINANCIAL INSTITUTIONS, Compliance Department, Defendant. , M.D.Tenn., November 13, 2009 ORDER WILLIAM J. HAYNES JR., District Judge. Plaintiff, Elouise Denend, also known as Tenth Street Money Store filed this pro se action against the Defendant Tennessee Department of Financial Institutions, Compliance Department alleging a discriminatory audit that resulted in a consent agreement that she now seeks to enjoin. Plaintiff has also filed a motion for a emergency hearing to enjoin payments under that agreement. The complaint does not identify the bases for the Court's jurisdiction.... Linda BIRD, Plaintiff, v. GTX, INC. and Union Security Insurance Company, Defendants. , W.D.Tenn., November 13, 2009 Luther Oneal Sutter, Harrill & Sutter, PLLC, Benton, AR, for Plaintiff. S. Russell Headrick, Baker Donelson Bearman Caldwell & Berkowitz, Memphis, TN, for Defendant. ORDER GRANTING PLAINTIFF'S MOTION FOR DISCOVERY CHARMIANE G. CLAXTON, United States Magistrate Judge. ORDER OVERRULING PLAINTIFF'S OBJECTIONS TO THE ADMINISTRATIVE RECORD Before the court are Plaintiff's Motion for Discovery (D.E.# 37) and Plaintiff's Objections to the Administrative Record (D.E.# 41). Chief Judge Jon P. McCa... Cleveland D. RUSSELL, Petitioner, v. State of TENNESSEE, Respondent. , M.D.Tenn., November 13, 2009 MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. Petitioner, Cleveland D. Russell, filed this action under 28 U.S.C. § 2254 seeking the writ of habeas corpus to set aside his convictions for first degree murder, especially aggravated robbery and especially aggravated kidnapping. Petitioner filed this action originally in the Eastern District of Tennessee that transferred the action to this Court. After review, the Court appointed the Federal Public Defender to represent Petitioner and grant... UNITED STATES of America v. Samson G. PRUITT. , E.D.Tenn., November 13, 2009 MEMORANDUM OPINION AND ORDER J. RONNIE GREER, District Judge. This matter is before the Court for resentencing after remand from the Sixth Circuit Court of Appeals. United States v. Pruitt, 545 F.3d 416 (6th Cir.2008). On July 11, 2005, defendant Pruitt entered a plea of guilty to a two count information charging him in Count One with possessing firearms after having been convicted of a felony, in violation of 18 U.S.C. §§ 922(g)(1), and in Count Two with the manufacture of one hundred or mor... Linda JOHNSON, Whitney McNeil, Rogelio B. Mendoza, On behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. KOCH FOODS, INC., Defendant. , E.D.Tenn., November 13, 2009 MEMORANDUM OPINION LEON JORDAN, District Judge. This civil action is before the court for consideration of the motions for summary judgment filed by the parties. Plaintiffs have filed a motion for summary judgment as to all their claims against defendant [doc. 99]. Defendant has filed two motions for summary judgment: "Koch Foods, LLC's Motion for Summary Judgment on Count I (All Claims Except Plaintiffs' Claim for Compensation for Meal Period Time)" [doc. 93] and "Koch Foods, LLC's Motion fo... The EWING GROUP, INC., Plaintiff, v. DELTACOM, INC., Defendant. , E.D.Tenn., November 13, 2009 MEMORANDUM OPINION THOMAS A. VARLAN, District Judge. This civil action is before the Court on plaintiff The Ewing Group's ("Ewing's") Motion for Remand [Doc. 5], in which Ewing requests that the Court remand this case to the Chancery Court for Blount County, Tennessee. In support, Ewing states that because it is clear that the amount in controversy in this case is well below and will not exceed $75,000, this case does not meet the jurisdictional requirements required for removal. Defendant D... UNITED STATES of America, Plaintiff, v. Shanna Dee RAMIREZ, Defendant. , E.D.Tenn., November 13, 2009 MEMORANDUM CURTIS L. COLLIER, Chief Judge. Before the Court is Defendant Shanna Dee Ramirez's ("Defendant") motion for judgment of acquittal (Court File No. 28), pursuant to Federal Rule of Criminal Procedure 29(c). The United States filed a response (Court File No. 29), and Defendant did not reply. Defendant claims she is entitled to a judgment of acquittal because the only evidence presented by the United States was her own uncorroborated statements, which are insufficient to support a guil... UNITED STATES of America, Plaintiff, v. Patrick PARKS, Defendant. , E.D.Tenn., November 13, 2009 MEMORANDUM CURTIS L. COLLIER, Chief Judge. Defendant Patrick Parks ("Defendant") filed a motion to suppress evidence resulting from his arrest on June 15, 2007 (Court File No. 44), and also filed a supplement to this motion (Court File No. 48). This motion was referred to United States Magistrate Judge William B. Carter, who held an evidentiary hearing on August 21, 2009. Defendant subsequently filed a motion for consideration of an additional argument (Court File No. 58) to which the governm... UNITED STATES of America, Plaintiff, v. Carlos MORGAN, Defendant. , W.D.Tenn., November 12, 2009 John D. Fabian, United States Attorney's Office, Memphis, TN, for Plaintiff. ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION SAMUEL H. MAYS, JR., District Judge. Before the Court is Defendant Carlos Morgan's May 13, 2009 motion to suppress. The United States responded on May 22, 2009. The motion was referred to Magistrate Judge Diane K. Vescovo on May 15, 2009. On June 29, 2009, Magistrate Judge Vescovo filed her Report and Recommendation recommending that the Defendant's motion... UNITED STATES of America, Plaintiff, v. Kevin R. JACKSON, Defendant. , M.D.Tenn., November 12, 2009 MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. This action is before the Court upon the United States Probation Officer's ("USPO") request to modify the Defendant's conditions of release to impose a total alcohol ban. The Probation Officer cites that the Defendant's participation in Centerstone's program for alcohol abuse that requires total abstinence. The Probation Officer also cites Plaintiff's prior convictions in 1993 and 1996 for driving under the influence of alcohol. At a hearing ... BROADCAST MUSIC, INC., Taradam Music, Inc., Stephanie Nicks, an Individual d/b/a Welsh Witch Music, Michael Balzary, John Anthony Frusciante, Anthony Kiedis and Chad Gaylord Smith, a Partnership d/b/a Moebetoblame Music, Universal--Champion Music Cor, E.D.Tenn., November 12, 2009 ORDER HARRY S. MATTICE, JR, District Judge. Plaintiffs filed a Motion for Default Judgment against Defendants Norma Marler and Walter Marler, Sr., both individually and d/b/a Walt's Karaoke Cafe, on September 9, 2009. [Court Doc. 8.] The Court referred the Motion for Default Judgment to Magistrate Judge Susan K. Lee for a report and recommendation on Defendants' liability for the causes of action in Plaintiffs' complaint and the amount of damages, including attorney's fees and costs, due to t... Renato MICHUA-MARTINEZ, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Tenn., November 12, 2009 MEMORANDUM LEON JORDAN, District Judge. This is a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 filed by petitioner Renato Michua-Martinez ("petitioner"). For the following reasons, the § 2255 motion will be DENIED and this action will be DISMISSED. I. Standard of Review This court must vacate and set aside petitioner's conviction upon a finding that "there has been such a denial or infringement of the constitutional rights of the prisoner as to render the judg... Marilyn JOHNSON, et al., Plaintiffs, v. CITY OF MEMPHIS, Defendant. Floresa Billingsley, et al., Plaintiffs, v. City of Memphis, Defendant. , W.D.Tenn., November 10, 2009 David M. Sullivan, Law Offices of David M. Sullivan, Memphis, TN, for Plaintiffs. Delaine R. Smith, Louis P. Britt, III, Emily B. Bjorkman, Ford & Harrison, LLP, Keith R. Thomas, Fedex Corporation-Hacks Cross, Legal Department, Ricky E. Wilkins, Law Office of Ricky E. Wilkins, Sara L. Hall, City Attorneys Office, Memphis, TN, for Defendant. REPORT AND RECOMMENDATION ON PLAINTIFFS' APPLICATION FOR AN INJUNCTION TU M. PHAM, United States Magistrate Judge. Before the court is plaintiffs' Ap... CRICKET COMMUNICATIONS, INC., Plaintiff, v. ELEIWA & SONS, INC., a/k/a Eleiwa Sons, Inc., d/b/a K & F Beauty Supply; E & S USA, Inc., d/b/a K & F Beauty Supply; Khaled Eleiwa; Rezqe Eleiwa, a/k/a Rezeq Eleiwa, Defendant. , W.D.Tenn., November 10, 2009 William S. Rutchow, Ogletree Deakins Nash Smoak & Stewart, Nashville, TN, Lisa M. Martens, Fish & Richardson, PC, San Diego, CA, for Plaintiff. Kevin A. Snider, Corporate Gardens, Gary R. Wilkinson, Stewart & Wilkinson, PLLC, Germantown, TN, for Defendant. ORDER GRANTING DEFENDANT'S MOTION TO DISMISS KHALED ELEIWA FROM FIRST AMENDED COMPLAINT TU M. PHAM, United States Magistrate Judge. Before the court is defendant Khaled Eleiwa's Motion to Dismiss Khaled Eleiwa from First Amended Compl... Ernst C. ZUNDEL, et al., Plaintiffs, v. Michael MUKASEY, et al., Defendants. , E.D.Tenn., November 10, 2009 MEMORANDUM OPINION THOMAS A. VARLAN, District Judge. This civil action is before the Court on three pending motions. Plaintiffs Ernst Christof Friedrich Zundel ("Mr.Zundel") and Ingrid Zundel ("Mrs.Zundel") have filed a Motion for Order Allowing Filing of Third Amended and Supplemented Petition and Complaint (the "TASC"); and for Order Confirming Right to Discovery [Doc. 171]; defendants Michael Mukasey, et al. (the "Federal Defendants") have filed a Renewed Motion to Dismiss the Remaining Cl... Kathryn REITZ and Bobbie Mcdonald, Plaintiffs, v. CITY OF MT. JULIET, Defendant. , M.D.Tenn., November 10, 2009 ORDER ALETA A. TRAUGER, District Judge. For the reasons expressed in the accompanying Memorandum, the Motion for Summary Judgment filed by defendant City of Mt. Juliet (Docket No. 48) is GRANTED. All claims by plaintiff Bobbie McDonald are dismissed. Entry of this Order shall constitute the judgment as to the claims of plaintiff McDonald only. It is so Ordered. MEMORANDUM Pending before the Court is a Motion for Summary Judgment filed by defendant City of Mt. Juliet (Docket No. 48), plai... MELANIE HOWARD MUSIC, INC., Plaintiff, v. WARNER BROS. RECORDS, INC., Defendant. , M.D.Tenn., November 10, 2009 ORDER ALETA A. TRAUGER, District Judge. For the reasons expressed in the accompanying Memorandum, the Motion for Summary Judgment (Docket No. 52) filed by the defendant, Warner Bros. Records, Inc. (WBR), is GRANTED IN PART AND DENIED IN PART, the Request for Summary Judgment Sua Sponte (Docket No. 51) filed by the plaintiff, Melanie Howard Music, Inc. (MHM), is DENIED, and the defendant's Motion to Dismiss (Docket No. 22) is DENIED AS MOOT, as it was subsumed into the Motion for Summary Judgm... Marilyn S. WATSON, Plaintiff, v. RENTENBACH ENGINEERING, Construction Division, Rentenbach Constructors, Inc., Autumn Alexander, Kimberly Michelle Hammontree, and Carol Jamerson, Defendants. , E.D.Tenn., November 10, 2009 P. Anne Greer, O'Connor, Petty, Child, & Piper, Knoxville, TN, for Plaintiff. Meghan H. Morgan, Tony R. Dalton, Woolf, McClane, Bright, Allen & Carpenter, Knoxville, TN, for Defendants. Autumn Alexander, Gatlinburg, TN, pro se. MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, District Judge. This civil action is before the Court on Defendants Rentenbach Engineering, Construction Division, [FN1] Rentenbach Constructors, Inc., and Carol Jamerson's (collectively, the "Defendants' ") Motion... Bruce CARROLL, Plaintiff, v. BLUMAQ CORPORATION, Defendant. , E.D.Tenn., November 10, 2009 Robert L. Bowman, Kramer Rayson, LLP, Knoxville, TN, for Plaintiff. Richard L. Ruben, Law Offices of Richard L. Ruben, Miami, FL, for Defendant. MEMORANDUM OPINION LEON JORDAN, District Judge. This civil action is before the court on the defendant's motion to dismiss the complaint for lack of personal jurisdiction, insufficiency of service of process, and forum non conveniens [doc. 5]. The plaintiff has responded [doc. 6], and the defendant has filed a supplementary declaration [doc. 8],... Franklin L. KELLOGG v. UNITED STATES of America. , E.D.Tenn., November 10, 2009 Franklin L. Kellogg, Bruceton Mills, WV, pro se. MEMORANDUM R. ALLAN EDGAR, District Judge. Petitioner Franklin L. Kellogg ("Kellogg") has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 [Court File No. 3]. Because Kellogg has paid the $ 5.00 filing fee, his motion to proceed in forma pauperis is DENIED as MOOT [Court File No. 1]. All of Kellogg's allegations seeking § 2241 habeas relief are directed toward his federal criminal convictions from this Court for be... Ricky Lynn EDWARDS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , M.D.Tenn., November 9, 2009 ORDER JOHN T. NIXON, Senior District Judge. Pending before the Court is Plaintiff Ricky Lynn Edwards's Motion for Judgment on the Record ("Plaintiff's Motion") (Doc. No. 20), to which Defendant Commissioner of Social Security filed a Response (Doc. No. 22) and Plaintiff filed a Reply (Doc. Nos. 23 & 24). Magistrate Judge Griffin issued a Report and Recommendation ("Report") (Doc. No. 30) recommending that Plaintiff's Motion be denied and the decision of the Commissioner affirmed. The Report w... Michael TIDENBURG, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Tenn., November 9, 2009 MEMORANDUM R. ALLAN EDGAR, District Judge. Petitioner Michael Tidenburg has filed a motion to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255 ("Section 2255"). [Court Doc. No. 1]. The Government opposes Tidenburg's motion. [Court Doc. No. 6]. As stated infra, this court has concluded that a hearing is not necessary and that Tidenburg's Section 2255 motion is without merit and will be DENIED. I. Procedural History and Background Facts On January 27, 2004, a United States ... Howard E. CROWDER, Plaintiff, v. UNITED STATES DEPARTMENT OF LABOR, Defendant. , E.D.Tenn., November 9, 2009 MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, District Judge. This civil action is before the Court on plaintiff's Motion for Judgment [Doc. 15] and accompanying Brief in Support of Motion for Judgment [Doc. 16]. Defendant filed a Brief in Opposition to Plaintiff's Motion for Judgment [Doc. 17]. The motion is now ripe for this Court's consideration. I. Factual Background Plaintiff was employed by Martin Marietta Energy Systems and Lockheed Martin Energy Systems, Inc. at the Y-12 Plant in ... The ESTATE OF Leeroy HICKMAN, Jr., Plaintiff, v. Robert BERKLEY, Individually and in his Official Capacity, Lesley Craig, Individually and in her Official Capacity, Matthew Gilmore, Individually and in his Official Capacity, Doug Moore, Individuall, E.D.Tenn., November 9, 2009 MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, District Judge. This consolidated civil action [FN1] is before the Court on plaintiff's Motion to Amend the Memorandum and Order Denying Plaintiff's Motion to Amend as to the "Gunowner Rights" Section 1983 Claim [Doc. 33] and accompanying Memorandum in Support [Doc. 34]. Defendant Blount County, Tennessee ("Blount County") has filed a Response to Plaintiff's Motion to Amend Memorandum and Order Denying Plaintiff's Motion to Amend as to the "Guno... Vicky LONG, et al., Plaintiffs, v. TENNESSEE VALLEY AUTHORITY, et al., Defendants. , E.D.Tenn., November 9, 2009 Christopher Scott Irwin, Lewis and Irwin Law Firm, Knoxville, TN, Deanna K. Tanner, Paul D. Brandes, Peter M. Villari, Jeffrey Gutkowski, Nicole T. Matteo, Villari, Brandes & Kline, P.C., Conshohocken, PA, for Plaintiffs. Brent R. Marquand, David D. Ayliffe, Edwin W. Small, Elizabeth A. Ward, James S. Chase, Maureen H. Dunn, Peter K. Shea, Tennessee Valley Authority, Ashley M. Lowe, Baker Donelson Bearman Caldwell & Berkowitz, P.C., Dean Thomas Howell, M. Denise Moretz, Woolf, McClane, Bright... Michael CROWL, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Tenn., November 9, 2009 Michael Crowl, Pine Knot, KY, pro se. Tracee Plowell, U.S. Department of Justice (KNOX USAO) Office of U.S. Attorney, Knoxville, TN, for Respondent. MEMORANDUM LEON JORDAN, District Judge. This is a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 filed by petitioner Michael Crowl ("Crowl"). For the following reasons, the § 2255 motion will be DENIED and this action will be DISMISSED. I. Standard of Review This court must vacate and set aside Crowl's convicti... John DOE and Jane Doe, biological parents and legal guardians of Janie Doe, a minor, Plaintiffs, v. Bryan D. FARMER, individually, and Clarksville Montgomery County School System, Defendants. , M.D.Tenn., November 9, 2009 MEMORANDUM ALETA A. TRAUGER, District Judge. Pending before the court is the Motion for Summary Judgment filed by defendant Clarksville Montgomery County School System ("CMCSS") (Docket No. 106), plaintiff Janie Doe's response (Docket No. 115), and the defendant's reply (Docket No. 133). [FN1] CMCSS has also filed a Motion to Strike portions of the plaintiff's evidence (Docket No. 130), to which Janie Doe has responded (Docket No. 140) and the defendant has replied (Docket No. 141). For the r... Christian HEYNE, et al. v. METROPOLITAN BOARD OF PUBLIC EDUCATION. , M.D.Tenn., November 9, 2009 MEMORANDUM TODD J. CAMPBELL, District Judge. Pending before the Court is Petitioners' Emergency Motion to Remand (Docket No. 5). For the reasons stated herein, Petitioners' Motion is GRANTED, and this action is remanded to the Chancery Court for Davidson County, Tennessee. This action was originally brought in the Chancery Court for Davidson County, Tennessee, on January 22, 2009. The case has proceeded in state court since that time, including discovery and pretrial motions. A final ... Stephen A. SCOTT, Petitioner, v. Tony PARKER, Warden, Respondent. , M.D.Tenn., November 9, 2009 ORDER TODD CAMPBELL, District Judge. I. BACKGROUND The respondent filed a motion to dismiss this action on May 5, 2009. (Docket Entry No. 12) The petitioner filed his first motion for summary judgment on June 16, 2009. (Docket Entry No. 17) The Court subsequently granted the respondent's motion to dismiss the petitioner's ineffective assistance claims as procedurally defaulted, denied the respondent's motion to dismiss the petitioner's Blakely claim, directed the respondent to address the pet... Barry SCHMITTOU, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, et al., Defendants. , M.D.Tenn., November 6, 2009 ORDER JOHN S. BRYANT, United States Magistrate Judge. Plaintiff has filed his "Urgent Motion and Memorandum Requesting Court Will Order Metlife, Adams and Reese, and Everyone They Contract To Be Certain They Do Not Wittingly Or Unwittingly Cause My Death or Injury, And Order Them To Stop Tracking My Activities and Do Not Come Near My Physical Body" (Docket Entry No. 124). Defendants have filed a response (Docket Entry No. 127), and plaintiff has filed a reply ("objections") and a corrected re... Terry BENSON, Plaintiff, v. Donald HUTCHERSON, et al., Defendants. , M.D.Tenn., November 6, 2009 MEMORANDUM ROBERT L. ECHOLS, District Judge. I. INTRODUCTION AND BACKGROUND The plaintiff, proceeding in forma pauperis, is a prisoner in the Northwest Correctional Complex in Tiptonville, Tennessee. He brings this pro se action under 42 U.S.C. § 1983 against the following defendants: 1) Lt. Donald Hutcherson; 2) Sgt. Linda Moore; 3) Cpl. Russell Blanton; 4) Warden Flora Holland; and 5) Commissioner George Little. Lieutenant Hutcherson, Sgt. Moore, and Cpl. Blanton were employed at the Charles... In re AREDIA AND ZOMETA PRODUCTS LIABILITY LITIGATION. This Document Relates To Case Number: 3:09-0203 (Smith). , M.D.Tenn., November 6, 2009 ORDER TODD J. CAMPBELL, District Judge. Pending before the Court is a Report and Recommendation of the Magistrate Judge (Docket No. 2912), to which no objections have been filed. The Court has reviewed the Report and Recommendation and the file. The Report and Recommendation (Docket No. 2912) is ADOPTED and APPROVED. Accordingly, Defendant's Motion to Dismiss (Docket No. 2835) is DENIED. IT IS SO ORDERED. Report and Recommendation JOE B. BROWN, United States Magistrate Judge. To: ... Garry BAKER v. TENNESSEE DEPARTMENT OF CORRECTIONS AND NORTHWEST CORRECTIONAL FACILITY MEDICAL SERVICES UNIT, et al. , M.D.Tenn., November 6, 2009 Jordon Dean Mathies, Nashville, TN, for Plaintiff. Pamela S. Lorch, Tennessee Attorney General's Office, Nashville, TN, for Defendant. ORDER ROBERT L. ECHOLS, District Judge. By Memorandum and Order entered October 9, 2009 (Docket Entry Nos. 63, 64), the Court accepted and approved the Report and Recommendation of the Magistrate Judge (Docket Entry No. 43), and the unserved Defendants were dismissed without prejudice for failure to effect service. In its Order, the Court inadvertently om... Leroy BELLAMY and Pacoda Bellamy, Plaintiffs, v. State of TENNESSEE, et al., Defendants. , M.D.Tenn., November 6, 2009 MEMORANDUM ROBERT L. ECHOLS, District Judge. I. INTRODUCTION AND BACKGROUND The plaintiffs, proceeding pro se and in forma pauperis, are Nashville residents. They bring this action under Title VI of the Civil Rights act of 1964. Plaintiff Leroy Bellamy asserts that he is representing himself and his daughter, Pacoda Bellamy. [FN1] Plaintiff Leroy Bellamy claims to be his daughter's court appointed conservator. The plaintiffs name the following defendants to this action: 1) the State of Tenn... Vicki CHILDS and Julie Sills, Plaintiffs, v. Tim GUIDER, in his official capacity as Sheriff of Loudon County, Tennessee, Loudon County, Tennessee, and Chad Estes, Defendants. , E.D.Tenn., November 5, 2009 MEMORANDUM OPINION C. CLIFFORD SHIRLEY, JR., United States Magistrate Judge. This case is before the undersigned pursuant to 28 U.S.C. § 636(c), Rule 73(b) of the Federal Rules of Civil Procedure, and the consent of the parties, for all further proceedings, including entry of judgment [Doc. 15]. The remaining Defendants in this action--Tim Guider, Chad Estes, and Loudon County, Tennessee--filed a Motion for Summary Judgment on July 6, 2009. [Doc. 34]. The Plaintiffs responded to the motion on... Dr. William ALEXANDER, Plaintiff, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant. , E.D.Tenn., November 5, 2009 Peter H. Burke, Gregory J. McKay, Burke, Harvey & Frankowski, LLC, Birmingham, AL, for Plaintiff. James T. Williams, IV, Stephanie R Barnes, Miller & Martin, PLLC, Chattanooga, TN, for Defendant. MEMORANDUM CURTIS L. COLLIER, Chief Judge. Before the Court is Dr. William Alexander's ("Plaintiff") motion to certify interlocutory appeal and for expedited ruling (Court File No. 27) and Provident Life and Accident Insurance Company's ("Defendant") response in opposition to this motion (Court ... UNITED STATES of America, Plaintiff, v. Rufus SUTTON, Defendant. , E.D.Tenn., November 5, 2009 MEMORANDUM AND ORDER H. BRUCE GUYTON, United States Magistrate Judge. All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the District Court as may be appropriate. This matter is before the Court on the Government's Motion to Quash Subpoena [Doc. 11], filed on November 3, 2009. The Government asks the Court to quash the Defendant's subpoena for Special Agent Rebecca Bobich ... James Wayne KIMBROUGH, Petitioner, v. Roland COLSON, Warden, Respondent. , M.D.Tenn., November 5, 2009 James Wayne Kimbrough, Whiteville, TN, pro se. Andrew H. Smith, Tennessee Attorney General's Office, Nashville, TN, for Respondent. MEMORANDUM ALETA A. TRAUGER, District Judge. I. INTRODUCTION AND BACKGROUND The petitioner is a prisoner in the Whiteville Correctional Facility in Whiteville, Tennessee. He brings this pro se action under 28 U.S.C. § 2254, seeking federal habeas corpus relief. The petitioner names Warden Roland Colson as the respondent. [FN1] FN1. Warden Colson is the Warden... Stacy BRADY, et al., Plaintiffs, v. LTD PARTS INCORPORATED, et al., Defendants. , M.D.Tenn., November 5, 2009 Jonathan L. Young, Cameron & Young, Kenneth S. Williams, Madewell, Jared, Halfacre, Williams & Wilson, Cookeville, TN, for Plaintiffs. Benjamin H. Bodzy, Emily H. Plotkin, Kenneth A. Weber, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Nashville, TN, for Defendants. ORDER E. CLIFTON KNOWLES, United States Magistrate Judge. This matter is before the Court upon Plaintiffs' "Motion for Order Extending Deadlines to Depose Corporate Representative in Accordance With Court's Order and Fo... Michael SMITH, Plaintiff, v. CITY OF CHATTANOOGA, Officer Zack Moody f/n/u, Sheriff Deputy Bruce f/n/u, Chief Freeman Cooper, John Doe and Richard Roe, Unknown Police Officers for the City of Chattanooga, Individually As Police Officers, Sheriff De, E.D.Tenn., November 4, 2009 MEMORANDUM AND ORDER R. ALLAN EDGAR, District Judge. Plaintiff Michael Smith ("Smith") is a resident of the City of Chattanooga in Hamilton County, Tennessee. This case arises out of Smith's arrest by Chattanooga police officers on June 22, 2007, in the aftermath of an automobile accident and his pretrial detention in the Hamilton County jail. Smith brings this action pursuant to 42 U.S.C. § 1983 and invokes the Court's subject matter jurisdiction over his federal civil rights claims pursuant... UNITED STATES of America, v. Vicente CORONA. , E.D.Tenn., November 4, 2009 MEMORANDUM AND ORDER THOMAS W. PHILLIPS, District Judge. This matter is before the court on the defendant's written objections to the government's application for enhanced penalties pursuant to 21 U.S.C. § 841(b)(1)(A) [Docs. 492, 522]. Prior to trial, the government filed notice of its intent to seek enhanced penalties under the provisions of 21 U.S.C. § 841(b)(1)(A) alleging that defendant has three prior felony drug convictions-- state felony drug offense on or about September 22, 1987, fe... Danny R. JINKS v. Eric SHENSEKI, Secretary of Veterans Affairs, et al. , E.D.Tenn., November 4, 2009 Danny R. Jinks, Gray, TN, pro se. J Gregory Bowman, U. S. Department of Justice, Greeneville, for Eric Shenseki. MEMORANDUM AND ORDER DENNIS H. INMAN, United States Magistrate Judge. The matter is before the United States Magistrate Judge, by consent of the parties under 28 U.S.C. § 636, with respect to the defendant's Motion for Summary Judgment [Doc. 33]. Plaintiff's remaining claims are for alleged discrimination (disparate treatment) on the basis of plaintiff's race under Title VI... Carol BELCHER, Plaintiff, v. SERVICE CORPORATION INTERNATIONAL, a/k/a SCI, SCI Management Corporation, and SCI Tennessee Funeral Services, Inc., d/b/a East Lawn Funeral Home, Defendants. , E.D.Tenn., November 4, 2009 MEMORANDUM LEON JORDAN, District Judge. This age and gender discrimination case is before the court on defendants' motion for summary judgment [doc. 20]. The motion has been fully briefed and is ripe for the court's consideration. For the reasons that follow, the motion will be denied. I. Summary Judgment Standard Summary judgment "should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material ... Judy CROUCH, Cheryl Huff, Eric Threadgill, Rebecca Blackburn, Shauna Hensley, Pat Plaskett, Patty Mason, Elonda Layne, Lisa Johnson, Anthony Quinn, Jennifer Frale, Brandy Rohweder, Sherry Abston, Joyce Barnard, Vicki Beaty, Zora Boswell, Michael Cona, M.D.Tenn., November 4, 2009 MEMORANDUM OPINION--DEFENDANTS' MOTION TO DISMISS THOMAS A. WISEMAN, JR., Senior District Judge. In this action, Plaintiffs seek recovery under the Fair Labor Standards Act for overtime pay and liquidated damages, among other relief. They also purport to assert claims under state law for unjust enrichment and conversion, for which they seek compensatory and punitive damages. (See Am. Compl., Doc. No. 41.) This matter has recently been assigned to the undersigned with a number of long-ripe mot... Judy CROUCH, Cheryl Huff, Eric Threadgill, Rebecca Blackburn, Shauna Hensley, Pat Plaskett, Patty Mason, Elonda Layne, Lisa Johnson, Anthony Quinn, Jennifer Frale, Brandy Rohweder, Sherry Abston, Joyce Barnard, Vicki Beaty, Zora Boswell, Michael Cona, M.D.Tenn., November 4, 2009 ORDER THOMAS A. WISEMAN, JR., Senior District Judge. In this action, the named Plaintiffs, all licensed practical nurses ("LPNs"), on behalf of themselves and others similarly situated, [FN1] seek recovery under the Fair Labor Standards Act ("FLSA") for overtime pay and liquidated damages, among other relief. (See Am. Compl., Doc. No. 41.) Presently before the Court are two motions for partial summary judgment filed by the Plaintiffs. The first (Doc. No. 141) seeks judgment in favor of the P... Mary Ann RAYBURN, Plaintiff, v. State of TENNESSEE, Tennessee Department of Corrections, (by and through George Little, its Commissioner) and Riverbend Maximum Security institution, (by and through Ricky J. Bell, its Warden, Defendants. , M.D.Tenn., November 4, 2009 MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. Plaintiff, Mary Ann Rayburn, filed this action under Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq. against the Defendants: the State of Tennessee, the Tennessee Department of Corrections ("TDOC"), George Little, its Commissioner and Riverbend Maximum Security Institution ("RMSI"), and Ricky J. Bell, RMSI's warden. Plaintiff alleges illegal sex discrimination when other similarly situated male employees with injuries... UNITED STATES of America, Plaintiff, v. Danny J. BURNETT, Defendant. , E.D.Tenn., November 3, 2009 MEMORANDUM AND ORDER H. BRUCE GUYTON, United States Magistrate Judge. This case is before the Court on the Defendant's pro se Motion to Remove Counsel [Doc. 23], filed on October 19, 2009, and referred to the undersigned on October 21, 2009 [Doc. 24] pursuant to 28 U.S.C. § 636(b). The parties appeared before the undersigned on November 2, 2009, for a hearing on the Defendant's motion. Assistant United States Attorney Kelly Ann Norris appeared on behalf of the Government. Attorney Kim Tolliso... In re SOUTHEASTERN MILK ANTITRUST LITIGATION. This Document Relates to: All Cases. , E.D.Tenn., November 3, 2009 MEMORANDUM OPINION J. RONNIE GREER, District Judge. This matter is before the Court on the objection of the defendants [Doc. 349], pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(a), to the order of the United States Magistrate Judge entered on June 18, 2009. The plaintiffs have responded to defendants' objection, [Doc. 356], and the matter is ripe for disposition. For the reasons which follow, the objection will be OVERRULED and the order of the Magistrate Judge AFFIRME... Christian HEYNE, et al. v. METROPOLITAN NASHVILLE PUBLIC SCHOOLS, et al. , M.D.Tenn., November 3, 2009 MEMORANDUM TODD J. CAMPBELL, District Judge. Pending before the Court are a Motion to Dismiss Individual Defendants (Docket No. 5), Defendants' Motion to Stay Discovery (Docket No. 7), a Motion to Dismiss Metropolitan Board of Public Education (Docket No. 8), and a Motion to Dismiss the Metropolitan Government (Docket No. 10). For the reasons stated herein, the Motion to Dismiss Individual Defendants (Docket No. 5) is GRANTED in part and DENIED in part; Defendants' Motion to Stay Dis... In re SOUTHEASTERN MILK ANTITRUST LITIGATION. This Document Relates To: All Cases. , E.D.Tenn., November 3, 2009 MEMORANDUM OPINION J. RONNIE GREER, District Judge. On April 14, 2008, before discovery began in this litigation, a protective order, [Doc. 47], was entered. The protective order permits the parties, as well as certain non-parties who produce documents during discovery, to designate documents and testimony as either "confidential" or "highly confidential." [FN1] Under the terms of the protective order, documents or testimony designated as confidential may be disclosed only to a narrow class ... Thomas Farrell HAYES, Plaintiff, v. SPECTORSOFT CORPORATION, Defendant. , E.D.Tenn., November 3, 2009 MEMORANDUM R. ALLAN EDGAR, District Judge. Plaintiff Thomas Hayes originally brought this action for alleged violations of the federal Electronic Communications Privacy Act ("ECPA"), 18 U.S.C. § 2510 et seq., along with several state statutory and common law claims in the Circuit Court of Hamilton County, Tennessee. [Court Doc. No. 1-1, Complaint]. Defendant SpectorSoft Corporation ("SpectorSoft") removed the action to this court on the basis of complete diversity of the parties pursuant to 2... Melissa Darlene SILVER, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Tenn., November 3, 2009 ORDER THOMAS A. VARLAN, District Judge. This Social Security appeal is before the Court on the Report and Recommendation ("R & R") filed by United States Magistrate Judge H. Bruce Guyton on October 1, 2009 [Doc. 17]. There have been no timely objections to the R & R, and enough time has passed since the filing of the R & R to treat any objections as having been waived. See28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). Magistrate Judge Guyton found that the Commissioner's motion for summary judgme... UNITED STATES of America, Plaintiff, v. David E. GOINS and Carolyn Goins, Defendants. , E.D.Tenn., November 3, 2009 MEMORANDUM AND ORDER H. BRUCE GUYTON, United States Magistrate Judge. All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the District Court as may be appropriate. This case came before the Court on September 30, 2009, for a motion hearing on the Defendants' Joint Motion to Sever and Memorandum in Support [Doc. 16], filed on July 31, 2009. Assistant United States Attorney T... UNITED STATES of America v. Jerry Lee ROGERS, Jr. , E.D.Tenn., November 3, 2009 MEMORANDUM AND ORDER LEON JORDAN, District Judge. This criminal case is before the court on the defendant's motion for a continuance of the trial [doc. 28]. For the reasons stated in the sealed affidavit accompanying the motion, counsel for the defendant avers that additional time is needed to prepare this case for trial. Counsel further avers that the defendant is in compliance with the conditions of his release and that the government is in agreement with the defendant's motion. The cour... David D. COX, Plaintiff, v. Ronald REAGAN, et al., Defendants. , E.D.Tenn., November 3, 2009 ORDER LEON JORDAN, District Judge. This civil action is before the court on the report and recommendation [doc. 114] filed by United States Magistrate Judge C. Clifford Shirley on October 15, 2009. There have been no timely objections filed to the report and recommendation, and enough time has passed since its filing to treat any objections as having been waived. See28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). Pursuant to Fed.R.Civ.P. 72(b), the court has conducted a de novo review of this ... Rudy C. RAINES, Plaintiff, v. Food Service Director M. MITCHELL, Defendant. , M.D.Tenn., November 3, 2009 MEMORANDUM ALETA A. TRAUGER, District Judge. I. INTRODUCTION AND BACKGROUND The plaintiff, proceeding pro se and in forma pauperis, is a prisoner in the Criminal Justice Center (CJC) in Nashville. He brings this action under 42 U.S.C. § 1983, and Title VI of the Civil Rights Act of 1964. The plaintiff alleges that Mr. f/n/u Mitchell, the sole defendant to this action, has violated his rights under the First and Eighth Amendments. The complaint pertains to the food that the plaintiff receive... Kendall LINK, Plaintiff, v. SUMNER COUNTY JAIL, et al., Defendants. , M.D.Tenn., November 3, 2009 Kendall Link, Gallatin, TN, pro se. MEMORANDUM ALETA A. TRAUGER, District Judge. The plaintiff, proceeding pro se and in forma pauperis, is a prisoner in the Sumner County Jail in Gallatin, Tennessee. He brings this action under 42 U.S.C. § 1983 against the following defendants: 1) the Sumner County Jail; 2) Corrections Officer (CO) Stephen Thompson; 3) CO Kevin Weatherby; 4) Bob Barker, Sheriff of Sumner County; 5) Captain f/n/u Canter; and 6) Sonya Troutt, Jail Administrator. The plain... Tommy Earl JONES, Plaintiff, v. Tom WALL, et al., Defendants. , M.D.Tenn., November 3, 2009 MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. Plaintiff, Tommy Earl Jones, an inmate at the Dickson County Jail in Charlotte, Tennessee, filed this pre se action under 42 U.S.C. § 1983 against the Defendants: Tom Wall, Sheriff of Dickson County; and four members of the staff at the Dickson County Jail. Plaintiff alleges that he suffers from Crohn's Disease [FN1] and after his arrest, Plaintiff was taken to Nashville to see his private physician. Plaintiff's doctor allegedly told the ... UNITED STATES of America v. Anthony Cornelius BAYLIS. , E.D.Tenn., November 2, 2009 MEMORANDUM AND ORDER LEON JORDAN, District Judge. This criminal case is before the court on the defendant's motion for a continuance of the trial [doc. 56]. Counsel for the defendant states that the government recently revealed certain discovery items that require that a suppression motion be filed and a hearing be held on the motion. In fact, a motion for leave to file a suppression motion out of time has been referred to the magistrate judge and granted. Counsel states that additional time ... UNITED STATES of America, Plaintiff, v. Eric HIGGINS, also known as "Pluke," Defendant. , E.D.Tenn., November 2, 2009 MEMORANDUM AND ORDER H. BRUCE GUYTON, United States Magistrate Judge. All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the District Court as may be appropriate. This case is before the Court on the Defendant's Motion to Continue [Doc. 47] filed on October 19, 2009. The Defendant's motion asked the Court to continue the hearing on the Defendant's Motion to Suppress Wireta... CAPITAL CONFIRMATION, INC., Plaintiff, v. AUDITCONFIRMATIONS, LLC, Defendant. , M.D.Tenn., November 2, 2009 MEMORANDUM ALETA A. TRAUGER, District Judge. Pending before the court is a Motion to Reconsider filed by the plaintiff Capital Confirmation, Inc. ("Capital") (Docket No. 30). For the reasons discussed herein, this motion will be denied. RELEVANT FACTUAL AND PROCEDURAL BACKGROUND The court fully discussed the factual background of this dispute, which is between competitors in the field of processing electronic audit confirmations, in the Memorandum that ruled on the defendant AuditConfirmati... Linda H. PEACOCK, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security [FN1], Defendant. FN1. Michael J. Astrue is automatically substituted for his predecessor Jo Anne Barnhart as Commissioner of Social Security pursuant to Rul, M.D.Tenn., November 2, 2009 ORDER JOHN T. NIXON, Senior District Judge. Pending before the Court is Plaintiff Linda H. Peacock's ("Plaintiff") Motion for Judgment on the Record ("Plaintiff's Motion") (Doc. No. 11) and Memorandum in Support (Doc. No. 12), to which Defendant Commissioner of Social Security filed aResponse (Doc. No. 13), and Plaintiff replied (Doc. No. 14). Magistrate Judge Griffin issued a Report and Recommendation ("Report") (Doc. No. 15) recommending that Plaintiff's Motion be granted to the extent that... Stephen P. BLACKBURN, Plaintiff, v. Seth NORMAN, Defendant. , M.D.Tenn., November 2, 2009 MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. Plaintiff, Stephen P. Blackburn filed his pro se complaint against the Defendant, Judge Seth Norman, Tennessee Criminal Court, Twentieth Judicial District, seeking to overturn his criminal conviction and dismiss state criminal action, 2000-A-139 for "lack of subject matter jurisdiction and no constitutional Article III oath of office on file." (Docket Entry No. 1). Plaintiff's contends that Judge Norman, who presided over his case, lacked any... The FARMERS & MERCHANTS STATE BANK, Plaintiff, v. DIRECT SCAFFOLD SERVICES, CO., LLC, Defendant. , M.D.Tenn., October 30, 2009 ORDER (A) APPROVING THE SALE OF DIRECT SCAFFOLD'S ASSETS FREE AND CLEAR OF ALL LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS; (B) ESTABLISHING BIDDING AND AUCTION PROCEDURES RELATED TO THE SALE OF SOME OR ALL OF DIRECT SCAFFOLD SERVICES, CO., LLC'S ASSETS; (C) APPROVING BID PROTECTIONS FOR SALE OF DIRECT SCAFFOLD'S ASSETS; (D) APPROVING FORM AND MANNER OF NOTICE OF ALL PROCEDURES, PROTECTIONS, AND AGREEMENTS; AND (E) GRANTING CERTAIN RELATED RELIEF THOMAS A. WISEMAN, JR., District Judge. Upon the... Manoj KUMAR, Plaintiff, v. HILTON HOTELS CORP., Defendant. , W.D.Tenn., October 30, 2009 Adam Augustine Carter, R. Scott Oswald, The Employment Law Group, PC, Washington, DC, Alan G. Crone, Crone & Mason, PLC, Travis Edgar Davison, III, Davison Law Firm, Memphis, TN, fo Plaintiff. James R. Mulroy, II, Kelly S. Gooch, Pamela R. Irons, Jackson Lewis LLP, R. Larry Brown, Memphis, TN, for Defendant. ORDER GRANTING DEFENDANT'S MOTION TO COMPEL PRODUCTION OF TAX RECORDS TU M. PHAM, United States Magistrate Judge. Before the court is defendant Hilton Hotels Corporation's ("Hilton")... HOUSE OF BRYANT PUBLICATIONS, LLC, Plaintiff, v. A & E TELEVISION NETWORKS, Defendant. , M.D.Tenn., October 30, 2009 MEMORANDUM ALETA A. TRAUGER, District Judge. Pending before the court is the defendant's Request for Judicial Notice in Support of its Motion to Dismiss (Docket No. 5) and the defendant's Motion to Dismiss for Failure to State a Claim (Docket No. 6). For the reasons discussed herein, the defendant's Request for Judicial Notice will be granted to the extent that the court will consider the "Phantom Hitman" television episode and the musical composition "Rocky Top" that are at the core of this ... HYUNDAI TRANSLEAD, INC. ex rel. the Estate of Trailer Source, Inc., Plaintiff, v. JACKSON TRUCK & TRAILER REPAIR INC., et al., Defendants/Counter-Plaintiffs, v. Hyundai Translead, Inc., Counter-Defendant. , M.D.Tenn., October 29, 2009 Colin W. Wied, C.W. Wied Professional Corporation, Stephen V. Petix, Quinton & Petix, San Diego, CA, Fred M. Acuff, Jr., Farris, Mathews, Branan, Bobango, Hellen & Dunlap, PLC, James E. Bailey, III, Butler, Snow, O'Mara, Stevens & Cannada, Memphis, TN, Richard K. Smith, Nashville, TN, for Plaintiff. Emily B. Warth, John C. Hayworth, John Shannon Bryant, Walker, Tipps & Malone, Paul G. Jennings, Bass, Berry & Sims, Glenn B. Rose, Harwell, Howard, Hyne, Gabbert & Manner, Nashville, TN, Russell ... Kendra CARRENO, Plaintiff, v. DOJI, INC. d/b/a Demos' Steak and Spaghetti House d/b/a Demos' Restaurant, Defendant. , M.D.Tenn., October 29, 2009 Laurie Lea Doty, White House, TN, for Plaintiff.B enjamin H. Bodzy, M. Kim Vance, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Nashville, TN, for Defendant. MEMORANDUM WILLIAM J. HAYNES, JR., District Judge. Plaintiff, Kendra Carreno, filed this action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq . against Defendant DOJI, Inc. d/b/a Demos' Steak and Spaghetti House d/b/a Demos' Restaurant ("Demos' "), her former employer. Plaintiff asserts ... PAG ENTERPRISES, LLC, d/b/a Palmer Market, Plaintiff, v. SOUTHEAST PETRO DISTRIBUTORS, INC., d/b/a Skyline Oil Co., Defendant. , E.D.Tenn., October 29, 2009 MEMORANDUM AND ORDER SUSAN K. LEE, United States Magistrate Judge. Before the Court is the motion of PAG Enterprises, LLC, d/b/a Palmer Market ("Plaintiff") to remand this action to the Circuit Court of Grundy County [Doc. 15]. Plaintiff objects to jurisdiction in this Court, claiming that the amount in controversy requirement is not met. Plaintiff's motion restates the legal arguments previously pressed by Plaintiff in its "response" to the notice of removal filed by Southeast Petro Distribu... UNITED STATES of America, Plaintiff, v. Michael Raymond THOMPSON, Defendant. , W.D.Tenn., October 28, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING DEFENDANT'S MOTION TO SEVER OFFENSES JON PHIPPS McCALLA, Chief Judge. This cause is before the Court on Defendant, Michael Raymond Thompson's Motion pursuant to Rule 14(a) of the Federal Rules of Criminal Procedure to sever Counts 1 and 2 of the superceding indictment and hold separate trials on the severed counts. The Court referred the Motion to the Magistrate Judge for Report and Recommendation. That Report and Recommendation was rec... Marissa MILLER, a minor by and through her mother and next friend, Miranda MILLER, Plaintiff, v. John DACUS, M.D., Defendant. , W.D.Tenn., October 28, 2009 Timothy R. Holton, Deal Cooper & Holton PLLC, Memphis, TN, William B. Raiford, III, Merkel & Cocke, Clarksdale, MS, for Plaintiff. Clarence James Gideon, Jr., Dixie W. Cooper, Brian Cummings, Gideon & Wiseman, Nashville, TN, for Defendant. ORDER DENYING MOTION FOR SANCTIONS CHARMIANE G. CLAXTON, United States Magistrate Judge. Before the Court are Defendant John Dacus, M.D.'s Motions for Sanctions (D.E.# 479, # 480). [FN1] The motions request that the Court impose sanctions against Plai... CUSTOM DESIGNS OF NASHVILLE, INC. and Mahan Mark Janbakhsh, Plaintiffs/Counter- Defendants, v. ALSA CORPORATION, Defendant/Counter-Plaintiff. , M.D.Tenn., October 28, 2009 ORDER ALETA A. TRAUGER, District Judge. On October 5, 2009, the Magistrate Judge issued a Report and Recommendation (Docket No. 44), to which no timely objections have been filed. The President of the defendant, Alsa Corporation, did send a letter to the court, once again insisting that the defendant cannot afford to hire counsel to defend this case. (Docket No. 45) The court is not comfortable granting a default judgment on the present record and, therefore, REJECTS the Report and Recomme... In re Larry CRIM, Debtor. Larry Crim, Appellant, v. FIRST TENNESSEE BANK NATIONAL ASSOCIATION, Appellee. , M.D.Tenn., October 28, 2009 ORDER TODD J. CAMPBELL, District Judge. This matter is an appeal of two decisions from the Bankruptcy Court for the Middle District of Tennessee, as well as the Bankruptcy Court's two subsequent decisions that denied the Debtor's Motions to Alter or Amend those decisions. Specifically, the Debtor appeals the Bankruptcy Court's Order entered April 24, 2009 (Adv. No. 308-00401A; Docket No. 56) denying the Debtor's Motion to Alter or Amend Judgment of March 30, 2009 (Adv. No. 308-00401A; Dock... UNITED STATES of America, Plaintiff, v. Darry G. REYNOLDS, Defendant. , E.D.Tenn., October 28, 2009 MEMORANDUM AND ORDER C. CLIFFORD SHIRLEY, JR., United States Magistrate Judge. All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the District Court as may be appropriate. This matter came before the Court on October 27, 2009, for a competency hearing. Assistant United States Attorney Kelly A. Norris was present representing the Government. Attorneys Gregory P. Isaacs and ... Clifton MAXWELL v. UNITED STATES of America. , E.D.Tenn., October 28, 2009 MEMORANDUM OPINION AND ORDER J. RONNIE GREER, District Judge. Clifton Maxwell ("petitioner") or ("Maxwell"), a federal prisoner, has filed a "Motion Under 28 USC § 2255 To Vacate, Set Aside Or Correct Sentence By A Person In Federal Custody," [Doc. 92]. [FN1] The United States has responded in opposition, [Doc. 109], and the matter is now ripe for disposition. The Court has determined that the files and records in the case conclusively establish that the petitioner is not entitled to relief u... Kathy D. WILLIAMS, Plaintiff, v. RAVENWOOD RECEIVABLES CORPORATION and Gary L. Sadler, Defendants. , E.D.Tenn., October 27, 2009 MEMORANDUM OPINION LEON JORDAN, District Judge. This civil action is before the court on "Defendant's [sic] Second Motion to Dismiss in Response to Plaintiff's First Amended Complaint" [doc. 8], to which plaintiff has filed a response [doc. 10]. For the reasons that follow, defendants' Rule 12(b)(6) motion will be granted and this civil action will be dismissed. [FN1] FN1. Also pending is defendants' original motion to dismiss [doc. 3] pertaining to the original complaint. The amended and ori... J.C. GREENE, Plaintiff, v. HAMBLEN COUNTY BOARD OF ZONING APPEALS, Hamblen County Planning Commission, and Hamblen County, Tennessee, Defendants. , E.D.Tenn., October 27, 2009 MEMORANDUM OPINION LEON JORDAN, District Judge. This civil action is before the court on defendants' Rule 12(b) (6) motion to dismiss [doc. 11]. Plaintiff has responded to the motion, and defendants have submitted a reply. For the reasons that follow: the motion will be granted as to plaintiff's federal claim; the court will decline to exercise supplemental jurisdiction over the remaining state law claims; and this case will be remanded to the Chancery Court for Hamblen County, Tennessee. I... Janice K. TAYLOR, Plaintiff, v. CONSOLIDATED PRODUCTS, INC., Defendant. , E.D.Tenn., October 27, 2009 MEMORANDUM OPINION AND ORDER THOMAS A. VARLAN, District Judge. This civil action is before the Court on Defendant Consolidated Products, Inc.'s ("CPI's") Motion for Award of Attorneys' Fees and Motion for Costs [Doc. 127] and accompanying Memorandum of Law in Support of Defendant's Motion for Award of Attorneys' Fees and Motion for Costs [Doc. 128]. Plaintiff Janice K. Taylor has filed an Objection to Defendant's Motion for Attorney Fees and Motion for Costs [Doc. 131]. This motion is now rip... UNITED STATES of America, Plaintiff, v. State of TENNESSEE et al., Defendants, and People First of Tennessee and Parent-Guardian Association of Arlington Developmental Center, Intervenors. , W.D.Tenn., October 27, 2009 Amin Aminfar, R. Jonas Geissler, Robert A. Koch, Corey M. Sanders, Matthew Donnelly, United States Department of Justice, Washington, DC, Joe A. Dycus, U.S. Attorney's Office, Memphis, TN, for Plaintiff. Charles J. Cooper, Michael W. Kirk, Nicole J. Moss, David Lehn, Derek L. Shaffer, Jesse Panuccio, Cooper & Kirk PLLC, Washington, DC, Dianne Stamey Dycus, Attorney General and Reporter, Nashville, TN, Jonathan P. Lakey, Pietrangelo Cook, Memphis, TN, for Defendants. Earle J. Schwarz, The ... The UNITED STATES of America, Plaintiff, v. MURPHY DEVELOPMENT, LLC., et al., Defendants/Third-Party, Plaintiffs, v. Bernard Weinstein & Associates, et al., Third-Party, Defendants. , M.D.Tenn., October 27, 2009 ORDER ROBERT L. ECHOLS, District Judge. The United States of America initiated this action by filing suit against the owners and/or developers of several multifamily apartment complexes alleging that the designs and construction of the apartment complexes violate the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 (the "FHA"), 42 U.S.C. §§ 3601- 3619, and Title III of the Americans With Disabilities Act of 1990 (the "ADA"), 4... Walter WILLIAMS, Petitioner, v. UNITED STATES of America, Respondent. , E.D.Tenn., October 27, 2009 MEMORANDUM OPINION LEON JORDAN, District Judge. This is a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 filed by petitioner Walter Williams ("Williams"). The Clerk is DIRECTED to serve a copy of the motion and this Memorandum Opinion and accompanying Judgment Order on the United States Attorney. However, for the reasons stated below, the United States Attorney shall not be required to file an answer or other pleading to the motion, and the motion will be DENIED... 1704 FARMINGTON, LLC, 1711 Farmington, LLC, and 1685 Farmington, LLC, Plaintiffs, v. CITY OF MEMPHIS, Defendant. , W.D.Tenn., October 26, 2009 Larry E. Parrish, Law Office of Larry Parrish, Memphis, TN, for Plaintiffs. Jonathan C. Hancock, Robert B. Hale, Whitney M. Harmon, Glankler Brown, PLLC, Memphis, TN, for Defendant. ORDER GRANTING DEFENDANT CITY OF MEMPHIS' MOTION FOR SUMMARY JUDGMENT S. THOMAS ANDERSON, District Judge. Before the Court is Defendant City of Memphis' Motion for Summary Judgment (D.E.# 30) filed on June 15, 2009. Plaintiffs have filed a response in opposition, and Defendant has filed a reply brief. For the... Gerald M. EARNEST, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , E.D.Tenn., October 26, 2009 JUDGMENT ORDER CURTIS L. COLLIER, Chief Judge. On October 5, 2009, United States Magistrate Judge William B. Mitchell Carter filed a report and recommendation ("R & R") in this case, pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b) (Court File No. 18). Neither party has objected to the R & R within the given ten (10) days. After reviewing the record, this Court agrees with the R & R. The Court hereby ACCEPTS and ADOPTS the magistrate judge's findings of fact, conclusions of law, an... UNITED STATES of America, Plaintiff, v. Edgar ROSAS-JIMINEZ, Rigoberto Rosas-Jiminez, and Ramiro Gomez, Defendants. , E.D.Tenn., October 26, 2009 David P. Lewen, U.S. Department of Justice, Office of U.S. Attorney, Knoxville, TN, for Plaintiff. Kim A. Tollison, Federal Defender Services of Eastern Tennessee, Inc., Gerald L. Gulley, Jr., Gulley Oldham, PLLC, Mike Whalen, Law Office of Mike Whalen, Knoxville, TN, for Defendants. MEMORANDUM AND ORDER C. CLIFFORD SHIRLEY, JR., United States Magistrate Judge. All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or repor... COMMERCIAL BANK, INC., Plaintiff, v. Hollis SUMMERS and Zelpher Summers, Defendants. , E.D.Tenn., October 26, 2009 Gregory C. Logue, Woolf, McClane, Bright, Allen & Carpenter, PLLC, Knoxville, TN, for Plaintiff. Hollis-Fay Summers, Knoxville, TN, pro se. MEMORANDUM OPINION THOMAS A. VARLAN, District Judge. This civil action is before the Court on plaintiff Commercial Bank, Inc.'s ("Commercial Bank's") Motion to Remand [Doc. 4], filed September 23, 2009. Commercial Bank, pursuant to 28 U.S.C. § 1447(c), moves to remand this case to the Union County General Sessions Court. In support of the Motion to R... SUNTRUST EQUIPMENT FINANCE & LEASING CORPORATION v. A & E SALVAGE, INC., et al. , E.D.Tenn., October 26, 2009 AMENDED MEMORANDUM AND ORDER DENNIS H. INMAN, United States Magistrate Judge. Plaintiff is a Virginia corporation with its principal office in Maryland. It provides financing to those who wish to purchase, or lease, heavy construction equipment. The defendant, A & E Salvage, Inc. ("A & E") is a Tennessee corporation with its principal place of business in Morristown, Tennessee. In October 2006, A & E purportedly leased a Komatsu Excavator from plaintiff. The answer filed in this case asser... James "Eddie" DOTSON and wife, Lynn Dotson, Plaintiffs, v. BOWATER, INC., Defendant. , E.D.Tenn., October 26, 2009 MEMORANDUM AND ORDER SUSAN K. LEE, United States Magistrate Judge. Before the Court is the motion of Defendant Bowater, Inc. ("Bowater") for summary judgment in this tort action brought by Plaintiffs James "Eddie" Dotson ("Dotson") and Lynn Dotson [Doc. 12]. For the reasons stated herein, Bowater's motion for summary judgment will be GRANTED and this action will be DISMISSED WITH PREJUDICE. I. INTRODUCTION Plaintiffs brought this tort action against Bowater in the McMinn County Circuit Court ... Bette F. DONATHAN and Ben D. Donathan, Plaintiffs, v. The ORTHOPAEDIC & SPORTS MEDICINE CLINIC, PLLC; Delores K. White, D.O.; Cumberland Healthcare Group, PLLC: Cumberland Healthcare Group, Pllc d/b/a Winchester Anesthesia Group; Winchester Anesthe, E.D.Tenn., October 26, 2009 MEMORANDUM AND ORDER HARRY S. MATTICE, JR., District Judge. The following motions in limine are presently before the Court: (1) Plaintiffs' Motions in Limine (Court Docs. 264-271), Defendant Cumberland Healthcare Group, Winchester Anesthesia Group, Ronald Gordon MD., Kyle Kleinpeter, D.O., Faith E. Nance, CRNA, Christopher A. Will CRNA, and Elizabeth Reimers, M.D.'s (hereinafter collectively "Cumberland Defendants") Motions in Limine (Court Docs. 257-262), Defendant Elizabeth Reimers' Motion ... UNITED STATES of America, Plaintiff, v. ELEVEN THOUSAND NINE HUNDRED DOLLARS ($11,900.00) IN UNITED STATES CURRENCY, Defendant. , W.D.Tenn., October 26, 2009 Christopher E. Cotten, U.S. Attorney's Office, Memphis, TN, for Plaintiff. ORDER GRANTING PLAINTIFF'S MOTION TO STRIKE S. THOMAS ANDERSON, District Judge. Before the Court is Plaintiff's Motion to Strike Claimant's Claim and Answer (D.E.# 17) filed on July 8, 2009. This in rem forfeiture action was brought by the Plaintiff, the United States of America, which alleges that $11,900.00 in U.S. currency was used or intended to be used in exchange for controlled substances or represents proceeds... UNITED STATES of America, Plaintiff, v. Eugene DAVIDSON, Defendant. , E.D.Tenn., October 26, 2009 MEMORANDUM AND ORDER THOMAS W. PHILLIPS, District Judge. On May 26, 2009, the Honorable H. Bruce Guyton, United States Magistrate Judge, filed a Report and Recommendation ("R & R") [Doc. 94] in which he recommended that the Defendant's Motion to Dismiss [Doc. 47] be DENIED, the Defendant's Motion to Dismiss [Doc. 27] be DENIED, the Defendant's Motion to Dismiss [Doc. 32] be DENIED, and the Defendant's Motion to Dismiss [Doc. 50] be DENIED. This matter is presently before the court on the Defe... UNITED STATES of America, Plaintiff, v. Lashonda HALL, Defendant. , E.D.Tenn., October 26, 2009 MEMORANDUM AND ORDER C. CLIFFORD SHIRLEY, JR., United States Magistrate Judge. The parties appeared before the undersigned on October 26, 2009, for a hearing to on defense counsel's Motion to Withdraw as Counsel of Record [Doc. 591], which was referred [Doc. 598] to the undersigned on October 15, 2009. Assistant United States Attorneys David C. Jennings and Alexandra Hui appeared on behalf of the Government. Attorney Robert L. Vogel was present, along with the Defendant. Mr. Vogel has moved t... Laurie McKEE, Plaintiff, v. State of TENNESSEE, Defendant. , M.D.Tenn., October 26, 2009 MEMORANDUM OPINION E. CLIFTON KNOWLES, United States Magistrate Judge. I. Introduction and Background The parties have previously filed a "Consent of the Parties" to have a United States Magistrate Judge conduct any and all further proceedings including the entry of judgment in this action. Docket No. 4. Judge Haynes subsequently entered an Order providing that all further proceedings in this action "shall be conducted before Magistrate Judge Clifton Knowles." Docket No. 10. Pending before ... OHIO FARMERS INSURANCE COMPANY, Plaintiff v. SPECIAL COATINGS, LLC, Defendant and Millard Joel Godwin and Marilyn K. Godwin, Defendants/Third Party Plaintiffs v. William Cody Russell, William C. Ridenour, William Morrison, and Morrison & Fuson , M.D.Tenn., October 26, 2009 ORDER ROBERT L. ECHOLS, District Judge. In accordance with Federal Rule of Civil Procedure 54(d)(2)(A) and Local Rule 54.01, Ohio Farmers Insurance Company ("Ohio Farmers") has filed Plaintiff's Motion For Attorney's Fees And Nontaxable Expenses" (Docket Entry No. 133), to which no response or objection has been filed as allowed by Local Rule 54.01. In a Memorandum and Order entered December 23, 2008 (Docket Entry Nos. 103 & 104), the Court granted Ohio Farmers' Motion for Summary Judgment ag... Ralph T. O'NEAL III, Petitioner, v. BLOUNT COUNTY DETENTION CENTER and United States of America, Respondents. , E.D.Tenn., October 26, 2009 MEMORANDUM THOMAS A. VARLAN, District Judge. This petition for the writ of habeas corpus was filed in the United States District Court for the Middle District of Tennessee, Nashville Division, and transferred to this Court. For the reasons stated below, the respondents shall not be required to file an answer or other pleading to the petition and this petition will be DISMISSED. Petitioner is a pretrial detainee who is confined in the Blount County Detention Center on pending federal drug char... WESTPORT INSURANCE CORPORATION, a Missouri Corporation, Plaintiff, v. WILKES & McHUGH, P.A., a Florida Professional Association; James L. Wilkes, II, a Florida citizen; Timothy C. McHugh, a California citizen; and Debbie Howard and Lora L. Newson, , W.D.Tenn., October 23, 2009 Kenneth R. Shuttleworth, Shuttleworth Williams, PLLC, Memphis, TN, P. Michael Freed, Stefan C. Passantino, McKenna Long & Aldridge LLP, Atlanta, GA, for Plaintiff. Dale H. Tuttle, Glassman Jeter Edward & Wade, Thomas E. Clary, III, Glassman Edwards Wade & Wyatt, P.C., Frank L. Watson, III, Watson Burns, LLC, Memphis, TN, for Defendants. ORDER GRANTING IN PART AND DENYING IN PART WESTPORT INSURANCE CORPORATION'S RENEWED MOTION FOR PROTECTIVE ORDER ORDER GRANTING IN PART AND DENYING IN PART W... UNITED STATES of America, Plaintiff, v. Stephen "Stevie" MAYES, Defendant. , E.D.Tenn., October 23, 2009 ORDER OF DETENTION PENDING TRIAL C. CLIFFORD SHIRLEY, JR., United States Magistrate Judge. This case came before the Court on October 16, 2009, for a detention hearing pursuant to 18 U.S.C. 3142(f). Assistant United States Attorney Melissa M. Millican appeared on behalf of the Government. Attorney Howard J. Weintraub represented the Defendant, who was also present. The Defendant sought release on conditions including electronic monitoring, that he live with his sister in Bean Station, Tenness... Lisa PETERSON, et al., Plaintiffs, v. James DEAN, et al, Defendants. , M.D.Tenn., October 23, 2009 ORDER and MEMORANDUM of LAW THOMAS A. WISEMAN, JR., Senior District Judge. Magistrate Judge Joe Brown filed an Order denying Plaintiffs' Motion for Leave to File a Second Amended Complaint on the basis that Tennessee does not recognize a private right of action for violations of the Tennessee Constitution. (Doc. No. 53.) Now pending before the Court is Plaintiffs' Appeal of Magistrate Judge Decision to District Court (Doc. No. 54), and their supporting Memorandum. (Doc. No. 55.) In their appe... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com