114 results for 'court:"USDC Southern District of Georgia"'.
J. Ray recommends that FedEx's motion for summary judgment should be denied with regard to the former employee's civil rights and employment discrimination action. There is no evidence that the employee knowingly and voluntarily entered an agreement releasing his Title VII claims against FedEx. The government's motion to dismiss is granted because the employee failed to identify any express waiver of sovereign immunity relative to his claims. The case is stayed pending the district judge's final disposition of the recommendation and two dispositive motions.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: August 8, 2023, Case #: 4:22cv295, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Baker denies the veterans' motion for default judgment and dismisses a RICO, negligence, fraud and emotional distress action alleging that the doctor and pharmaceutical company conspired to prevent veterans suffering "blast-induced traumatic brain injury" from accessing hyperbaric oxygen treatment. The veterans' RICO claims are time-barred and they fail to allege the existence of an enterprise between the doctor and the company. The veterans also failed to plausibly allege that any conduct by the company caused their purported injury.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: August 1, 2023, Case #: 4:19cv189, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, Veterans, Racketeering
J. Wood denies the employer's motion for summary judgment as to the employee's claim under the Fair Labor Standards Act in an action arising out of a dispute over overtime pay when the employee's job duties changed due to the Covid-19 pandemic. The employee also alleged that the employer failed to pay her accrued vacation and sick time when she was fired. Although the pandemic was a rare occurrence and qualified as an emergency, a genuine issue of fact exists as to how long the emergency lasted and whether the employee qualified for an executive or administrative exemption from the Act's overtime requirement during the time when the emergency exemption did not apply. However, the motion for summary judgment is granted with regard to the employee's breach of contract claim.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: July 24, 2023, Case #: 2:22cv4, NOS: Fair Labor Standards Act - Labor, Categories: Covid-19, Contract, Labor
J. Bowen partially grants the county's motion to dismiss a civil rights action arising from the officials' alleged deliberate indifference to the individual's needs and their failure to provide him with prescribed medication while he was in jail. The individual claimed that officials denied him medical care after a fellow inmate kicked him in the crotch and split the skin on his penis. Several claims asserted by the individual improperly include multiple allegations against multiple parties. The individual is therefore ordered to file a second amended complaint to correct the deficiencies.
Court: USDC Southern District of Georgia, Judge: Bowen, Filed On: July 24, 2023, Case #: 3:22cv145, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights
J. Baker partially grants the city officials' and police officer's motion to dismiss a civil rights, malicious prosecution and false arrest action brought by the individual. The action arose from the individual's DUI and vehicular homicide arrest after he had a seizure while driving. The charges against the individual, which he alleges were based on a fabricated theory that he was driving under the influence of fentanyl, were eventually dismissed due to insufficient evidence. The individual's arrest occurred pursuant to a warrant, therefore false arrest is not a valid claim. However, the individual faced a continuous prosecution sufficient to support a malicious prosecution claim. The officer is not entitled to absolute or qualified immunity. The individual plausibly alleged that the officer violated established law by misrepresenting that the individual's medical records showed he had not been administered fentanyl, resulting in the individual's DUI indictment.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: July 21, 2023, Case #: 4:22cv232, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
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J. Ray partially grants the estate's motion to compel the county to produce documents in a civil rights and wrongful death action arising from the decedent's death while incarcerated at the Chatham County Detention Center. The documents include reports about the provider's provision of services at the detention center, doctors' review of the decedent's medical charts, an inmate mortality chart related to a different deceased inmate and inmate health compliance monitoring reports. The reports created by the doctor did not become attorney-client privileged information just because the county attorney received them. Two reports are also not protected from disclosure by the work product doctrine. However, the motion to compel the inmate healthcare provider to produce documents is partially denied because email communications between an employee and the provider's general counsel are protected by attorney-client privilege.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: July 6, 2023, Case #: 4:22cv67, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Discovery
J. Hall grants the bank's motion to dismiss the individual's action arising from her receipt of notices regarding an outstanding balance on her account. The individual's motion for leave to amend the complaint is denied because the amended action is nearly identical to the original action and is premised on an incorrect belief that a contract between the parties was formed when the bank failed to respond to her affidavit. The action is an impermissible shotgun pleading.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: June 29, 2023, Case #: 1:22cv157, NOS: Other Fraud - Torts - Personal Property, Categories: Contract
J. Moore partially grants the police officer's motion for sanctions in a civil rights action brought by an individual arising after the officer allegedly conducted an unreasonable search by performing a strip and body cavity search on her in a gas station parking lot. The officer allegedly exposed the individual's breasts, buttocks and genitals to onlookers during the search and put her fingers in the individual's vagina. The individual's attorney twice approached an Atlanta news outlet to produce a segment on the individual's claims and appeared in coverage related to the incident while the case was pending. The attorney presented the allegations in the case as fact. The attorney was aware of the widespread media and public interest in policing and solicited the interview to influence perception of the merits of the case. The attorney is fined $500.
Court: USDC Southern District of Georgia, Judge: Moore, Filed On: June 29, 2023, Case #: 4:22cv123, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Police Misconduct
J. Cheesbro partially denies the hospital's motion to exclude expert testimony from two doctors and a professor in a medical malpractice and fraud action brought by the patient alleging that the hospital altered and fabricated medical records and failed to obtain informed consent. The doctors' reliance on the patient's medical records and on a video, the veracity of which has been disputed by the hospital, is reasonable. However, the hospital's motion to exclude the professor's testimony is granted because the patient failed to disclose his expert report. The hospital's amended motion to exclude expert testimony is denied as untimely.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 22, 2023, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Fraud, Experts, Medical Malpractice
J. Cheesbro denies the patient's motion to compel discovery in a fraud and medical malpractice action alleging that the hospital altered and fabricated portions of the patient's medical records and failed to obtain informed consent. The patient sought an order requiring the hospital to produce records of septoplasty surgeries performed by a doctor, sign-in sheets bearing the patient's signature, a roster or register of hospital employees with the last name "Vaughn" and other documents. The request for records of previous surgeries is untimely and the patient cannot obtain a hospital employee's medical records because she did not waive her medical records privilege. The patient failed to show that the requested sign-in sheets and employee roster exist.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 21, 2023, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Discovery, Medical Malpractice
J. Cheesbro denies the patient's motion to compel discovery in a medical malpractice and fraud action alleging that the hospital altered and fabricated portions of the patient's medical records and failed to provide informed consent. The patient seeks the deposition of the hospital's general counsel, production of personnel files for three hospital employees, documents related to an internal investigation of a doctor and attorney fees. The patient failed to show any need to depose the general counsel and the personnel files are irrelevant because there is no indication the employees participated in any negligence or fabrication underlying the patient's claims.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 21, 2023, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Discovery, Medical Malpractice
J. Cheesbro denies the home sellers' motion to exclude testimony from the buyers' expert in a fraud and breach of contract action arising after the buyers discovered the home had water intrusion defects. The expert may offer testimony on whether the property suffered from long-term water intrusion, the duration of the water intrusion and whether the property can be occupied during repair efforts. The expert has more than 30 years of experience in indoor air quality, building diagnostics and HVAC systems hygiene and is qualified to give an opinion on the extent of the mold damage even though he used lab testing to identify the presence of mold.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 15, 2023, Case #: 5:22cv10, NOS: Other Contract - Contract, Categories: Fraud, Experts, Contract
J. Baker grants the U.S. Secretary of Defense's motion to dismiss the employee's race discrimination action. The employee, a white woman, alleged that she was harassed by a Black co-worker and was wrongfully disciplined for allegedly calling the co-worker a racial slur. The action is an impermissible shotgun pleading which fails to separate each cause of action or claim into a different count. The employee is ordered to file a third amended complaint within 14 days of the instant order.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: June 9, 2023, Case #: 4:21cv333, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Baker partially grants the gun seller's motion for partial summary judgment in a fraud and breach of contract action against the manufacturer arising after a deal to design and build a new gun for the seller fell through. The seller's motion for sanctions based on the manufacturer's concealment of evidence related to its knowledge of its inability to design and manufacture units is also partially granted. There is evidence showing the manufacturer misrepresented that it had not received prior complaints about its parts. The manufacturer is therefore barred from introducing additional evidence about the complaints or a related lawsuit and must pay costs incurred by the seller in preparing the sanctions motion.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: June 9, 2023, Case #: 4:21cv334, NOS: Other Contract - Contract, Categories: Fraud, Sanctions, Contract
J. Hall denies the officials' motions to dismiss a civil rights and malicious prosecution action brought by the pastor and three congregants. The action arose after police officers issued reckless conduct citations to the four for attending church services in violation of Covid-19 executive orders requiring Georgia residents to shelter in place in their homes in April 2020. The charges were later dismissed. The action is an impermissible shotgun pleading and the pastor and congregants are ordered to file a second amended complaint within 14 days from the date of the instant order.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: June 6, 2023, Case #: 6:22cv57, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Covid-19
J. Wood grants the county attorney's motion to dismiss an action brought by the individual alleging that her due process rights were violated when he was improperly appointed as administrator of her deceased mother's estate by a probate judge. The claim is dismissed for lack of subject matter jurisdiction because there is no constitutional violation alleged on which to premise federal jurisdiction. The county attorney was acting in a private capacity rather than as a functionary of the state when he was appointed executor.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: June 5, 2023, Case #: 2:22cv147, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process
J. Wood denies the county's motions to dismiss the widow's wrongful death action alleging that officials violated Department of Public Health regulations and operated the county ambulance service contrary to those regulations, resulting in her husband's death from cardiac arrest due to lack of oxygen saturation. Although the amended action is a shotgun pleading which fails to give the county and officials adequate notice of the claims, the widow may amend the complaint to fix the deficiencies.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: May 31, 2023, Case #: 2:23cv27, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Wrongful Death
J. Ray stays all discovery-related deadlines in two civil rights actions and recommends that the individual's motion to set aside default should be granted and that the cases should be consolidated. The individual's delay in filing a timely responsive pleading was due to his mistaken belief that he had been served with two copies of the same action. The other individual is directed to show cause as to why he should not be sanctioned for multiple miscitations to legal authority in his response to an earlier order.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: May 30, 2023, Case #: 4:23cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Baker denies the board’s motion for summary judgment in a civil rights and retaliation action brought by the police captain alleging that he was fired due to his involvement in investigating sexual harassment complaints filed by three female officers against the former chief of the Savannah State University Police Department. The captain sufficiently shows that he was engaged in protected activity when he actively opposed the alleged harassment. He also points to sufficient evidence of a causal relationship between the protected activity and his termination, as well as evidence that the proffered reason for his termination was pretextual.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: May 25, 2023, Case #: 4:21cv148, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Retaliation
J. Baker denies the board's motion for summary judgment in a civil rights and retaliation action brought by the police lieutenant alleging that he was fired due to his involvement in investigating sexual harassment complaints filed by three female officers against the former chief of the Savannah State University Police Department. The lieutenant sufficiently shows that he was engaged in protected activity when he opposed the alleged harassment. He also points to sufficient evidence of a causal relationship between the protected activity and his termination, as well as evidence that the proffered reason for his termination was pretextual.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: May 25, 2023, Case #: 4:21cv147, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Retaliation