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Memorandum Opinion and Order
Pending before the court are a Motion to Vacate Any and All Default and Other Judgments [Docket 42], filed by the defendant Timothy Donahue, and a Motion to Vacate Any and All Default and Other Judgments [Docket 45], filed by the defendant Barbara Donahue. For the reasons provided below, both motions are DENIED.
Memorandum Opinion and Order
Pending is plaintiff Roger Wolfe’s motion for award of attorneys’ fees, costs and expenses, filed December 18, 2009. Plaintiff seeks a total of $299,560.17 in attorneys’ fees, $37,355.19 in costs, and $52,059.42 in expert witness expenses.1
Memorandum Opinion
This is an action seeking review of the decision of the Commissioner of Social Security (hereinafter the “Commissioner”) denying Claimant’s applications for disability insurance benefits (“DIB”) and supplemental security income (“SSI”), under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-433, 13811383f. (Docket No. 1). Both parties have consented in writing to a decision by the United States Magistrate Judge. (Docket Nos. 5 and 6). The case is presently pending before the Court on the parties’ cross motions for judgment on the pleadings as articulated in their briefs. (Docket Nos. 11 and 15).
Memorandum Opinion and Order
Pending before the court are the defendant’s Motion for Summary Judgment [Docket 65] and the plaintiffs’ Motion to Certify Class [Docket 68]. For the reasons discussed below, the defendant’s Motion for Summary Judgment is GRANTED in part; the plaintiffs’ Motion to Certify Class is DENIED as moot. The court ORDERS that judgment be entered for the defendant on Counts One, Two, and Three of the plaintiffs’ Complaint. The court declines to exercise supplemental jurisdiction over Count Four of the plaintiffs’ Complaint, and, accordingly, DISMISSES Count Four without prejudice.
Memorandum Opinion and Order
This is an action for declaratory relief brought by the plaintiff CSX Transportation, Inc. (“CSX”) against the defendant Tim Collins as the administrator and personal representative of the estate of Willie Collins, pursuant to 28 U.S.C. § 2201 and 28 U.S.C. § 1332. CSX seeks a declaration that the defendant must indemnify it for any costs and expenses it incurs as a result of his decision to file a concurrent Kentucky lawsuit on behalf of the decedent. Further, CSX seeks a declaration that the State court lawsuit is precluded by a release clause signed by the decedent. Currently pending is the defendant’s Motion to Dismiss. [Doc. 3] For the reasons that follow, the Court GRANTS the motion and DISMISSES this action WITHOUT PREJUDICE.
Memorandum Opinion and Order
Pending before the court is Class Counsel’s Motion for Award of Attorney Fees, Incentive Awards for Class Representatives, and Reimbursement of Expenses [Docket 215]. Class Counsel1 seek a fee award equivalent to 25% of the Settlement Fund. Class Counsel also seek $96,113.54 for out-of-pocket expenses and a $25,000 incentive award for each named Class Representative.
Memorandum Opinion and Order
Pending is Defendants’ Motion to Dismiss. [Doc. 9]. All issues have been fully briefed, and are now ripe for resolution. For the reasons that follow, the motion is GRANTED in part and DENIED in part.
Memorandum Opinion and Order
Pending is the Attorney General’s motion to remand, filed October 13, 2009.
Order Specifying Relief
On September 1, 2010, the Court entered an Order following closing arguments on the scope and terms of injunctive relief for this matter. That Order addressed part of the relief granted but reserved the balance of any relief pending further consideration by the Court. Since then, the parties have submitted proposals and other information in response to the Order. The Court grants additional relief to supplement the relief granted in its September 1, 2010 Order, the provisions of which are incorporated herein. Therefore, the Court DIRECTS the Clerk of Court to enter the Irrevocable Standby Letter of Credit (Doc. 240, 3:07-cv-00413) in this civil action, and ORDERS as follows:
Order Specifying Relief
On September 1, 2010, the Court entered an Order granting Plaintiffs’ Motion for Contempt and denying Defendant’s Motion to Modify. That Order addressed part of the relief granted but reserved the balance of any relief pending further consideration by the Court. Since then, the parties have submitted proposals and other information in response to the Order. Contemporaneously with this Order Specifying Relief, the Court has entered a Memorandum Opinion and Order explaining in more detail the basis for the Court’s decision. The Court grants additional relief to supplement the relief granted in its September 1, 2010 Order, the provisions of which are incorporated herein. Therefore, the Court ORDERS as follows: