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Citation: 508 F. Supp. 1210 | Docket No.: Crim. No. 80-00024-B
Status: Published | Citing: 30
Summary: 508 F. Supp. United States v. E. A. Gregory et al., 508 F. Supp. United States v. Briggs, 514 F.2d 794, 806 (5th Cir. 1979); United States v. Tallant, 407 F. Supp. 1975); United States v. Mitchell, 372 F. Supp. 1973); United States v. Archer, 355 F. Supp. 1973); United States v. Sweig, 316 F. Supp. 2d 711 (1970); United States v. Kahaner, 204 F. Supp. Estes v. United States, 355 F.2d at 613 (quoting United States v. Knowles, 147 F. Supp.


Citation: 144 F. Supp. 109 | Docket No.: Civ. A. No. 1515
Status: Published | Citing: 4
Summary: 144 F. Supp. In July 1952, the Collector of Internal Revenue made a jeopardy assessment against plaintiff in the amount of $14,346.98, as a deficiency for the year 1946, together with interest and a 50% fraud penalty. During the time plaintiff's petition was pending before the Tax Court, no money was paid toward settlement of the jeopardy assessment; nor was there ever posted, for the purpose of staying execution of the jeopardy assessment, any jeopardy bond, as authorized by Section 273(f), Int......read more.


Citation: 246 F. Supp. 2d 1227 | Docket No.: CIV.A. 02-0521-CB-S
Status: Published | Citing: 11
Summary: 246 F. Supp. This matter is before the Court on the plaintiffs' motion for conditional class certification and issuance of Court-supervised notice. The plaintiffs' motion seeks conditional certification of an opt-in class consisting of all persons employed by the defendant in non-certified[3] positions within the three years preceding the filing of the complaint who were not paid overtime compensation earned during that period. While the FLSA allows the issuance of court-supervised notice to mem......read more.


Citation: 114 F. Supp. 2d 1251 | Docket No.: CIV. A. 98-0733-P-G
Status: Published | Citing: 11
Summary: 114 F. Supp. Presently pending before this court is plaintiff's Statement of Objection to the Magistrate Judge's Report and Recommendation made under 28 U.S.C. § 636(b)(1)(B), and dated January 25, 2000 (doc. The Magistrate Judge recommends that the decision of the Commissioner of Social Security to deny plaintiff's claim for disability insurance and supplemental security income be affirmed (doc. Plaintiff raises three objections: 1) The Magistrate Judge erred in assigning weight to the opinion ......read more.


Citation: 434 F. Supp. 2d 1246 | Docket No.: CIV.A. 05-00352-CGC
Status: Published | Citing: 23
Summary: 434 F. Supp. Mark Montiel, Plaintiffs' attorney in the present case, represented John Rice *1249 and Camilla Rice, who intervened in Sinkfield. The Barnett plaintiffs were Les Barnett, a member of the Republican Party's State Executive Committee; Terry Lathan, who at one time was the treasurer of the Mobile County Republican Party (and is wife of Jerry Lathan, Vice Chairman for the First and Second Congressional districts in the State Republican Party); and Percy Johnson, who testified that he w......read more.


Citation: 108 F. Supp. 2d 1344 | Docket No.: Civ.A. 96-0187-CB-C
Status: Published | Citing: 30
Summary: 108 F. Supp. 2d 1344 (2000) DAIRY FRESH CORPORATION, as Plan Administrator of the Dairy Fresh Employee Stock Ownership Plan and in its corporate capacity, Plaintiff, v. Victor POOLE, in his capacity as the Trustee of the Dairy Fresh Employee Stock Ownership Plan, and the Dairy Fresh Employee Stock Ownership Plan, Defendants, Alexis M. Herman, Secretary of the United States Department of Labor, Plaintiff, v. Dairy Fresh Corporation, as Plan Administrator of the Dairy Fresh Employee Stock Ownershi......read more.


Citation: 742 F. Supp. 598 | Docket No.: Civ. A. No. 90-0517-AH-C
Status: Published | Citing: 32
Summary: 742 F. Supp. On July 9, 1990 this cause came before the Court for a hearing on the merits of Wallace Norrell Thomas' second petition for writ of habeas corpus, filed in this Court on July 5, 1990, and on Thomas' motion for a stay of his execution, scheduled for July 13, 1990. The Eleventh Circuit affirmed the dismissal on December 21, 1989, Thomas v. Jones, 891 F.2d 1500 (11th Cir.1989), and denied his rehearing petition on February 13, 1990. CRUEL AND UNUSUAL PUNISHMENT Thomas argued that "the ......read more.


Citation: 720 F. Supp. 160 | Docket No.: Civ. A. No. 88-0529-BH-M
Status: Published | Citing: 12
Summary: 720 F. Supp. After careful consideration of both motions, the accompanying briefs, responses thereto, all pleadings and affidavits, and the record as a whole, this court makes the following determinations: I. FACTS In April of 1986, plaintiff Joyce Givens entered into a rental agreement with Gulf States Rental Corporation ("Gulf States"), a franchisee of Rent-A-Center, Inc., whereby plaintiff rented a bar and entertainment center. The rental agreement provided that plaintiff could pay in advance......read more.


Citation: 462 F. Supp. 894 | Docket No.: Civ. A. No. 78-68-T
Status: Published | Citing: 11
Summary: 462 F. Supp. 894 (1978) KWAK HYUNG ROK, Plaintiff, v. CONTINENTAL SEAFOODS, INC., a corporation, Nigerian National Shrimp Company, Ltd., and Quality Marine, Inc., a corporation, Defendants. Alex F. Lankford, III and J. Hodge Alves, III, Mobile, Ala., for Nigerian Nat. The complaint, in two counts, seeks (a) damages against Nigerian and Continental under the Jones Act, 46 U.S.C. § 688, for negligence and under the general maritime law for the unseaworthiness of the vessel; and (b) damages against......read more.


Citation: 627 F. Supp. 1057 | Docket No.: 84-1198-X-C, 84-1432-X-C, 84-1433-X-C, 84-1480-X-C, 85-0070-X-C, 85-0352-X-C, 85-0485-X-C, 85-0419-X-C to 85-0421-X-C, 85-0442-X-C, 85-0566-X-C, 85-0567-X-C, 85-0661-X-C, 85-0666-X-C, 85-0671-X-C, 85-0748-X-C to 85-0750-X-C, 85-0754-X-C, 85-0970-X-C, 85-0997-X-C and 85-1017-X-C
Status: Published | Citing: 19
Summary: 627 F. Supp. Jack W. Morgan, Mobile, Ala., William F. Goodman, III, Jackson, Miss., for GAF. As applied to the case at bar, plaintiffs contend that the District Court for the Northern District of Texas, employing Texas conflict of law rules, would have applied the Texas statute of limitations to these actions and, therefore, this Court as the transferee court must also apply the Texas statute of limitations. Plaintiffs then contend that the District Court for the Northern District of Texas, empl......read more.


Citation: 956 F. Supp. 989 | Docket No.: Civil Action No. 96-0732-RV-M
Status: Published | Citing: 14
Summary: 956 F. Supp. Alphin v. Sears, Roebuck & Co, 940 F.2d 1497, 1500 (11th Cir. 1991); Langston v. ACT, 890 F.2d 380, 383 (11th Cir.1989). Morisky v. Broward County, 80 F.3d 445, 447 (11th Cir.1996). The facts, as set forth in said document and now adopted by the court, are as follows: "Commonwealth Land Title Insurance Company ("Commonwealth") is a title insurance company with its principal place of business in the State of Pennsylvania, but doing business in Mobile County, Alabama, and elsewhere. T......read more.


Citation: 731 F. Supp. 453 | Docket No.: Civ.A. No. 85-1403-B
Status: Published | Citing: 33
Summary: 731 F. Supp. This non-jury declaratory judgment action was instituted by the plaintiffs (some of whom were later added) against the Harrells and the United States and the United States Army Corps of Engineers, (who were later realigned as plaintiffs) seeking a declaration of the navigability of Lewis Creek, a tributary of the Tombigbee River in southwest Alabama. The Court has jurisdiction of this matter pursuant to 28 U.S.C. § 2201 and 28 U.S.C. § 1331 as the question of whether Lewis Creek is ......read more.


Citation: 198 F. Supp. 2d 1308 | Docket No.: CIV.A. 00-0127-S
Status: Published | Citing: 29
Summary: 198 F. Supp. On May 14, 2001, the Supreme Court handed down its decision in Cooper Industries, Inc. v. Leatherman Tool Group, Inc., 532 U.S. 424, 121 S. Ct. 1678, 149 L. Ed. See, e.g., Daniel International Corp. v. Fischbach & Moore, Inc., 916 F.2d 1061, 1064-65 (5th Cir.1990)(the plaintiff's jury demand, though untimely, was improperly stricken in light of the defendant's delay in moving to strike); United States v. 79.36 Acres of Land, 1991 WL 275355 at *2-3 (9th Cir.1991)(similar). See United......read more.


Citation: 82 F. Supp. 2d 1331 | Docket No.: Civ.A. 98-0616-RV-M
Status: Published | Citing: 27
Summary: 82 F. Supp. 2d 1331 (1999) FEDERAL INSURANCE COMPANY, Plaintiff, v. BILL HARBERT CONSTRUCTION COMPANY and The Board of Water and Sewer Commissioners of the City of Mobile, Defendants. Plaintiff Federal Insurance Company ("Federal") brings this diversity action *1332 against defendants Bill Harbert Construction Company ("Harbert") and the Board of Water and Sewer Commissioners of the City of Mobile ("the Board") under the Declaratory Judgment Act, 28 U.S.C. § 2201. & Loan Ass'n v. Brown, 707 F.2d......read more.


Citation: 767 F. Supp. 2d 1284 | Docket No.: Civil Action No. 10-0604-CG-C
Status: Published | Citing: 47
Summary: 767 F. Supp. *1286 James F. Mozingo, Webb & Eley, P.C., Montgomery, AL, for Plaintiff. 1, Exhibit A, COMPLAINT, at ¶ 8)[2] As required by the construction contract and bid request, Wainwright obtained and submitted to plaintiff a performance bond which obligated it (Wainwright) and its third-party surety, The Guarantee Company, to fulfill the construction contract "and pay any damages, costs, expenses, including attorneys' fees, and other sums due the Authority under the construction contract or......read more.


Citation: 576 F. Supp. 2d 1258 | Docket No.: Civil Action No. 07-0083-WS-C
Status: Published | Citing: 57
Summary: (2008) Janice PIGOTT, et al., Plaintiffs, v. SANIBEL DEVELOPMENT, LLC, Defendant. This action is an amalgamation of four consolidated civil actions, spanning eight plaintiffs with substantially similar claims against defendant, Sanibel Development, LLC.[1] Those eight plaintiffs—Janice Pigott, Kimberly Barnes, Christopher Barnes, Cynthia Priolet, Phillipe Priolet, Susan Hersey, Richard Taylor, and Steven Martino—all contracted with Sanibel in spring 2005 to purchase condominium units at a high-r......read more.


Citation: 35 B.R. 392 | Docket No.: Civ. A. Nos. 83-0888-H-B, 83-0039-H, Bankruptcy Nos. 82-00383, 82-00472
Status: Published | Citing: 15
Summary: 35 B.R. 392 (1983) James D. STEWART, Trustee-Appellee, v. Elma H. JONES, Debtor-Appellant. James D. STEWART, Trustee-Appellee, v. Robert Wilson McCULLOUGH and Doris Earline McCullough, Debtor-Appellants. Ross M. Dolloff, Selma, Ala., for debtor-appellant. James D. Stewart, pro se. These cases came on before the Court pursuant to appeals by the respective appellant-debtors from orders of the Bankruptcy Court entered on July 20, 1982 in Stewart v. Jones, Bankruptcy Case No. 82-00383, and on Decemb......read more.


Citation: 651 F. Supp. 2d 1279 | Docket No.: Civil Action No. 08-0628-WS-M
Status: Published | Citing: 23
Summary: 651 F. Supp. Lowery v. Alabama Power Co., 483 F.3d 1184, 1213 n. 62 (11th Cir.2007). Golden Apple Management Co. v. Geac Computers, Inc., 990 F. Supp. Williams v. McNeil, 557 F.3d 1287, 1292 (11th Cir.2009) ("[A] district judge has discretion to decline to consider a party's argument when that argument was not first presented to the magistrate judge.").Co., 633 F. Supp. Co., 576 F.2d 593, 595 (5th Cir.1978) (noting, in a removed class action, that "it was not open for defendants to attempt to sh......read more.


Citation: 574 F. Supp. 2d 1252 | Docket No.: Civil Action No. 08-0441-WS-M
Status: Published | Citing: 19
Summary: (2008) Thomas D. ARTHUR, Plaintiff, v. Richard ALLEN, Commissioner, Alabama Department of Corrections, et al., Defendants. This matter comes before the Court on plaintiff Thomas D. Arthur's Application for a Temporary Restraining Order / Motion for a Preliminary Injunction (doc. Thomas D. Arthur is an Alabama death row inmate who was sentenced to death in 1992 and whose conviction and sentence became final when they were affirmed by Alabama appellate courts on direct appeal in 1997. at 1337-38 (......read more.


Citation: 432 F. Supp. 144 | Docket No.: Civ. A. No. 76-269-T
Status: Published | Citing: 8
Summary: 432 F. Supp. 144 (1977) F. Hugh COLE, G. M. Mills and Stonewall Insurance Company, Plaintiffs, v. SABINE TOWING AND TRANSPORTATION COMPANY, INC., a corporation, in personam, and the TUG BOAZ, in rem, Defendants. The *145 Court, after examining the pleadings and the evidence presented at the trial makes the following Findings of Fact and Conclusions of Law involved in the collision of the S/T KEY LARGO, owned by F. Hugh Cole, and the Tug BOAZ, owned by Sabine Towing and Transportation Company, In......read more.