30 results for 'judge:"Ray"'.
J. Ray grants the company's motion for leave to amend an answer to the driver's action arising from spinal injuries he suffered in a car collision with the company's truck driver. The driver's motion to strike the company's notice of non-party fault is denied. The driver had notice that the company was likely to pursue a defense of non-party fault regarding the decision by the driver's doctor to perform a surgery on the driver which the company's expert deemed unnecessary.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: April 22, 2024, Case #: 4:22cv62, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Ray finds that the trial court properly sentenced defendant after he violated probation imposed upon his conviction for lewd and lascivious battery of a victim under 16 years old by having unsupervised contact with a minor. Defendant committed a "substantive violation," and the court was not limited by a six-year sentencing cap. Affirmed.
Court: Florida Courts Of Appeal, Judge: Ray, Filed On: January 31, 2024, Case #: 1D2021-3609, Categories: Probation, Sentencing, Sex Offender
J. Ray partially grants the city's and officer's motion to exclude testimony from the driver's accident reconstruction expert witness in a malicious prosecution and civil rights action. The action arose after the driver was twice prosecuted for vehicular homicide after he suffered a seizure and caused a collision which killed his passenger. The case against the driver was eventually dismissed for insufficient evidence. The expert may not testify about whether the driver suffered a seizure, the impact of any such medical emergency on the driver's ability to operate the vehicle or whether the driver had any control over any seizure. The driver failed to show that the expert, who is not a medical doctor, is qualified to opine on whether he suffered a seizure.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: January 26, 2024, Case #: 4:22cv232, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Experts
J. Ray denies, in part, a grocery store's motion for summary judgment in a lease agreement dispute concerning the replacement of an HVAC system. Although the agreement explicitly says the grocery store, as tenant, is not responsible for the replacement, the lease is ambiguous whether the landlord must replace the system.
Court: USDC Northern District of Texas , Judge: Ray, Filed On: January 17, 2024, Case #: 4:22cv980, NOS: Other Contract - Contract, Categories: Landlord Tenant, Contract
J. Ray recommends that the individual's action against the company and employee be dismissed. The individual failed to adequately plead federal question jurisdiction or establish diversity jurisdiction. The individual's demand for $1 million in damages arising from an altercation with the employee was not made in good faith. The individual has sufficient funds available to pay the filing fee, therefore her motion to proceed in forma pauperis should be denied. The company's motion to stay the case pending consideration of the instant recommendation is granted.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: January 16, 2024, Case #: 4:23cv169, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Jurisdiction
J. Ray partially grants the ex-police officer's motion to exclude expert testimony in a race discrimination and employment retaliation action against the mayor and the police chief arising after he was fired. The expert, who is also a police chief, may not offer legal conclusions, tell the jury what result to reach or opine as to what legal authority city policies or practices bestow on the police chief. The expert can talk about how industry customs and practices are shaped by legal requirements. The police chief's motion to preclude certain opinions from the ex-police officer's expert law enforcement officials is denied.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: January 12, 2024, Case #: 4:21cv111, NOS: Other Civil Rights - Civil Rights, Categories: Experts, Employment Discrimination, Employment Retaliation
J. Ray finds that the board improperly revoked a nurse's license for misconduct since the board failed to find mitigating or aggravating factors to warrant deviating from the standard penalty. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Ray, Filed On: January 3, 2024, Case #: 1D2022-2247, Categories: Licensing
J. Ray directs the tenants to submit an amended complaint in an action against the company and city seeking damages for wrongful eviction. The complaint is deficient because the tenant who is listed as a plaintiff is not the tenant who signed the complaint. The action failed to sufficiently establish a basis for the court's subject matter jurisdiction by failing to include information on the citizenship of the parties and omitting a specific monetary amount of damages sought.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: December 4, 2023, Case #: 4:23cv341, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Landlord Tenant
J. Ray partially grants the longshoreman's motion to exclude testimony from the ship owners' expert in a fraud and negligence action arising after he allegedly contracted Covid-19 on the ship. The expert's opinion that the longshoreman could have contracted Covid-19 from other sources, including from his girlfriend who was working as a waitress, is excluded. The ship owners failed to show how the expert relied on his experience as an epidemiologist and infectious disease doctor to identify other possible sources of the longshoreman's Covid-19 infection and why the expert's experience is a sufficient basis for his conclusion. Although the expert's report is deficient for failing to include references to information from the Center for Disease Control's website and data on Covid-19's incubation time, the deficiencies are harmless.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: October 18, 2023, Case #: 4:20cv236, NOS: Marine - Contract, Categories: Fraud, Experts, Covid-19
J. Ray screens an amended action brought pro se by the employee alleging race discrimination against her employer and finds that the employee has presented sufficient facts to warrant service of her claims on the employer. The employee, a Black woman, claims she was unfairly transferred to a different location after reporting a verbal altercation with a white co-worker. The employee's claim under Title VII against her superior should be dismissed because the statute does not provide for individual liability.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: October 6, 2023, Case #: 4:23cv213, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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. Ray finds that the trial court improperly granted the former husband’s motion to vacate a judgment in his divorce proceeding. The husband had proper notice of the proceedings and an opportunity to be heard. Reversed.
Court: Florida Courts Of Appeal, Judge: Ray, Filed On: August 2, 2023, Case #: 1D22-3537, Categories: Family Law
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. 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