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Opinions in f-supp Volume 750

MEMORANDUM AND ORDER Defendants in this action have pled guilty to violations of the Uniformed Controlled Substances Act. Mr. Shabazz entered a guilty plea to one count of Unlawful Conspiracy to Distribute Dilaudid (hydromorphone hydrochloride) in violation of 18 U.S.C. § 371, and Mr. McNiel pled guilty to one count of Distribution of Dilaudid in violation of 21 U.S.C. §§ 841(a) and (b)(1)(C). The...
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OPINION This matter is before the Court on plaintiff’s motion for summary judgment and on defendant’s and defendant-intervenor’s cross-motions for summary judgment. Plaintiff seeks a declaratory judgment that a Copyright Office regulation is invalid for its failure to retroactively assess interest on late royalty payments. Defendant and intervenor seek to uphold the regulation as valid. F...
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*11MEMORANDUM AND ORDER I. BACKGROUND This case is before the Court on cross motions for summary judgment. The plaintiff, a health care provider doing business as Laurel Ridge Hospital, provides inpatient psychiatric services under the Civilian Health and Military Program of the Uniformed Services (“CHAMPUS”). In its complaint, the plaintiff claims that it has been paid lower rates than those requ...
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MEMORANDUM ORDER This action is now before the Court on defendants’ motion to dismiss for lack of subject matter jurisdiction. For the reasons set forth below, defendants’ motion is denied. Background On June 9, 1989, a jury in the United States District Court for the Southern District of New York found defendant Paul A. Bilzerian guilty on nine counts which charged violations of the federal se...
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MEMORANDUM OF DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR JUDGMENT ON A STIPULATED RECORD This class action comes before the Court on the respective parties’ motions for judgment on a stipulated record. Plaintiffs are members of a class who have applied for or will apply for public assistance through the Aid to Families with Dependent Children (AFDC) program, and who are owed ...
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MEMORANDUM OF DECISION AND ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS Plaintiffs bring this diversity action against a Maine attorney and his malpractice liability insurance carrier, seeking recovery for damages they allegedly suffered as a consequence of a real estate transaction turned sour. Plaintiffs claim that the carrier, The Home Insurance Company (Home), is liable on theories of ...
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MEMORANDUM OF DECISION AND ORDER This case comes to the Court on Defendant Wendell Atkinson’s Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons discussed below, the Motion is granted. I. BACKGROUND Harold Glidden (hereinafter Plaintiff), a prisoner at the Maine State Prison (hereinafter Prison), was a participant in the Prison’s craftroom program. Appar...
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MEMORANDUM OF DECISION AND ORDER This case returns to the Court on Plaintiff Augusta News Company’s Motion for Preliminary Injunction. For the reasons discussed below, the Motion is denied. I. BACKGROUND Augusta News Company (d/b/a Kenne-bec News Company, hereinafter Plaintiff) is a Maine corporation engaged in the wholesale distribution of periodicals in *29 Maine....
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MEMORANDUM OF DECISION AND ORDER This case is before the Court on Plaintiff’s Motion for Approval of Attachment and Trustee Process against the individual Defendant Dwight Raymond. For the reasons discussed below, Plaintiff’s Motion will be denied. I. BACKGROUND Hilton Sea, Inc. (hereinafter Plaintiff) is a Florida corporation which contracted on February 3, 1989 with DMR Yachts...
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MEMORANDUM AND ORDER In April, 1989, plaintiff’s decedent, Raymond Vadnais, brought this suit against the defendants, alleging discrimination in violation of § 504 of the Rehabilitation Act of 1973, 87 Stat. 394, as amended, 29 U.S.C. § 794. Specifically, Mr. Vadnais claimed that the defendants refused to perform elective ear surgery on him because he had tested positive for Human Immunod...
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MEMORANDUM AND PROCEDURAL ORDER Given the number of defendants, the number of counts and estimates of probable length of trial, the court has an obligation to take steps early in the life of this ease to ensure the goals enumerated in Rule Two of the Federal Rules of Criminal Procedure: These rules are intended to provide for the just determination of every criminal proceeding. They shall b...
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MEMORANDUM Plaintiff brought this action for age and sex discrimination 1 against defendants Town of Danvers and Paul Kenny. Defendant Town of Danvers employed plaintiff, now 62 years old, as a legal secretary from April 28, 1971 until June 22, 1989. Defendant Paul Kenny (“Kenny”) served as Town Counsel during that period. Plaintiff’s complaint essentially alleges that Kenny constructively di...
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ORDER This is an action commenced by plaintiff, First Northern Bank (FNB) seeking recovery of holdback payments from Imperial Savings Association (ISA). First Northern Bank initially filed suit in New Hampshire State Court alleging that ISA refused to release appropriate holdback amounts pursuant to certain agreements between FNB and ISA. On January 9, 1989, pursuant to 28 U.S.C. §§ 1332 ...
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ORDER On February 2, 1990, plaintiff, David Kissell, filed a small claims complaint against defendant, Gene Mann, Supervisor of Manchester Postal Unit No. 4. Plaintiff’s complaint alleged “failure to exibit (sic) reasonable care in delivering a package. The packge (sic) was stolen.” Pursuant to 28 U.S.C. §§ 1441, 1442(a)(1) and 1446, defendant removed the case to this Court. Currently before th...
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MEMORANDUM AND ORDER This case arises out of an alleged sale of bar silver. Plaintiffs contend that the defendants misrepresented the quality of their merchandise and that instead of receiving valuable bar silver in exchange for the cash they tendered, they received as *58 sorted silverware and trinkets. The plaintiffs’ complaint alleges a cause of action under 15 U.S.C. § 29...
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CORRECTED FINDINGS OF FACT and CONCLUSIONS OF LAW * At issue in this case, which was tried without a jury, 1 is the value of a gift made by plaintiff Arnold Saltzman to the Dance Collection of the New York Public Library in 1975. Jurisdiction is premised on 28 U.S.C. § 1346(a) (1982). I In 1959 the Bolshoi Ballet appeared in the United States for its first American tour. Some of the cri...
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MEMORANDUM AND ORDER The plaintiff obtained an order of this court directing the defendant HUD to show cause why it should not be directed to (1) pay to the plaintiff the sum of $618,015.88 in full satisfaction of a supplemental judgment against HUD entered on June 6, 1990; (2) pay the costs and attorneys’ fees incurred in seeking the relief. The background of this case leading up to...
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MEMORANDUM AND ORDER Petitioner seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254, alleging that he received ineffective assistance of his appointed appellate counsel in violation of his Sixth Amendment rights. Petitioner was convicted in the Supreme Court of the State of New York, Kings County, of burglary in the second degree, petit larceny, and criminal possession of stolen property in...
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MEMORANDUM AND ORDER The abovenamed individual, by his assigned attorney, moved to suppress as trial evidence a quantity of cocaine found in his personal luggage and statements made by him. Involved is the scenario which has been often dealt with by the undersigned and other judges of this Court. See, U.S. v. St. Kitts, 742 F.Supp. 1218 (W.D.N.Y.1990), U.S. v. Montilla, 733 F.Supp. 579 (W.D...
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BACKGROUND There are two disputes at issue in this case. Plaintiff Cliffstar Corporation (“Cliffstar”) has moved for summary judgment on its claimed loss from partial delivery of an order of 3.2 million pounds of tomato paste. Defendant Riverbend Products, Inc. (“Riverbend”) has cross-moved for summary judgment for payment on its delivery to Cliffstar of ten boxcars of lemon concentrate an...
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MEMORANDUM AND ORDER In a one-count Indictment the aboven-amed individual (“the defendant”) is charged with having, while under oath and as to matters material to an investigation then being conducted by a United States Grand Jury, knowingly given false testimony. The matter said in the Indictment to have been thus under investigation was the making of false returns, statements and other documents...
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MEMORANDUM AND ORDER This case concerns the proposed building of “Columbus Center,” a mixed-use redevelopment project involving retail, office, cinema and residential space in Manhattan. The seller of the site is the defendant Triborough Bridge and Tunnel Authority (“TBTA”), and the developer is Boston Properties, acting through defendant Coliseum Associates. The plaintiffs are a number o...
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MEMORANDUM OPINION AND ORDER Plaintiff has obtained an ex parte order of attachment against defendant Advanced Business Computers (“ABC”) subject to N.Y. C.P.L.R. § 6201(3) (McKinney’s 1988), and has moved for confirmation under N.Y. C.P.L.R. § 6211(b) (McKinney’s 1988). This Court previously confirmed orders of attachment against the other defendants in this case, but reserved judgment regar...
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MEMORANDUM OPINION AND ORDER This case now comes before the Court on plaintiff Securities and Exchange Commission’s (“SEC” or “Commission”) motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 as to alleged violations of sections 5(a) and 5(c) of the Securities Act of 1933 (“the Registration Provisions”), 15 U.S.C. §§ 77e(a) and 77e(c) by the individual defendants, Arthur N. Ec...
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MEMORANDUM OPINION AND ORDER This action, brought purportedly on behalf of the United States by an attorney *107 pro se, seeks declaratory relief relating to the famous trial and sentencing of Julius and Ethel Rosenberg. Currently before the Court is defendant Judge Kaufman’s motion to dismiss the Complaint. BACKGROUND On August 17,1950 the Rosenbergs were in...
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MEMORANDUM ORDER United States Magistrate Sharon E. Gru-bin has filed a Report and Recommendation dated August 15, 1990, which recommends that petitioner’s motion to vacate his sentence, pursuant to 28 U.S.C. § 2255, be denied. See also Rule 32 of the Civil Rules of this Court and Rule 4 of the Rules for Proceedings Before Magistrates. After reviewing the petitioner’s claims, i...
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MEMORANDUM OPINION AND ORDER This is a personal injury action brought under diversity jurisdiction, 28 U.S.C. § 1332. Presently before the Court are plaintiff’s motion to strike several of defendant’s affirmative defenses and defendant’s cross-motion for an order dismissing the, complaint under Fed.R.Civ.P. 12(b) for lack of personal jurisdiction and venue, improper or non-service and non...
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MEMORANDUM AND ORDER Applicant Richard Zeller filed an application to this Court dated October 31, 1990 seeking review of an October 24, 1990 decision of the Independent Administrator, .90-Elec.App.-4. In his application Zeller, a member of Local 435 in Denver Colorado, moves this Court for a preliminary injunction overturning the October 24, 1990 decision of the Independent Administrator. For rea...
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OPINION AND ORDER Joseph Patrick Thomas Doherty, an illegal alien in custody pending deportation, petitions for a writ of habeas corpus on a narrow ground. He contends that the due process clause of the Fifth Amendment of the Constitution prohibits his prolonged detention and mandates his release on bond notwithstanding that the Board of Immigration Appeals (“BIA”) has fairly and reasonab...
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MEMORANDUM OPINION AND ORDER Plaintiff Earl M. Cadwell, a black male, brings this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (1988), alleging that the defendants did not appoint him to a position as a correction officer for racially discriminatory reasons. Defendants move for summary judgment dismissing the complaint. For the reasons that follow, defe...
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ORDER & OPINION Plaintiff seeks $62,500 for damage to a machine that allegedly occurred while the machine was in transit between Busan, Korea, and South Kearny, New Jersey. Defendant Consolidated Rail Corporation (“Conrail”), has moved for partial summary judgment, pursuant to Federal Rule of Civil Procedure 56, seeking to limit its potential liability to $500 under 46 U.S.C.App. §§ 1300-...
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OPINION Pursuant to 42 U.S.C. § 405(g), plaintiff seeks judicial review of a final determination by the Secretary of Health and Human Services (“Secretary”) to offset plaintiff’s disability insurance benefits due to his receipt of a lump sum worker’s compensation award. Plaintiff contends that the Secretary's decision to prorate the lump sum award based on the periodic rate of benefits he previ...
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OPINION Petitioner, Charles Jackson, currently incarcerated at New Jersey State Prison in Trenton, New Jersey, has brought a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254(a). 1 In support of his application, petitioner alleges the following: (1) that the State’s failure to merge his conviction for attempted armed robbery with his conviction for felony...
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OPINION Before the court is the petition by counsel for plaintiffs for an award of fees. FACTUAL BACKGROUND This action stems from the announcement of large loan losses by First Fidelity Bancorporation on December 13, 1988, following its merger with Fidelcor, Inc., a Pennsylvania bank, on February 29, 1988. Plaintiffs, purchasers of stock between the merger date and December 13 ...
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OPINION This matter is before the Court on defendant’s motion for summary judgment. Defendant argues that plaintiff Equal Employment Opportunity Commission failed to fulfill its statutory duty to engage in conciliation of the matter prior to commencing a lawsuit under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. For the reasons expressed in this opin...
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MEMORANDUM This matter is before the court for consideration of a motion to dismiss, or in the alternative for summary judgment made by third-party defendant Capitol Records, Inc. and a cross-motion for summary judgment made by third-party plaintiff City of Scranton. The City of Scranton is seeking indemnity and/or contribution from Capitol Records, Inc. In 1983 the Environmental Protection A...
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MEMORANDUM I. BACKGROUND This products liability action was initiated by a complaint filed December 30, 1988. Plaintiffs allege that defendants’ manufacture and marketing of a faulty engine in a 1979 White Truck Tractor caused the engine to malfunction while undergoing repairs at plaintiff’s garage, Fiamingo Moving and Storage. That malfunction allegedly led to a fire which ultimately destroyed th...
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MEMORANDUM I. PROCEDURAL HISTORY This is a contract action based on diversity jurisdiction. Plaintiff Keeler-Hoff Supply Company, Inc. (“Keeler-Hoff”) filed a complaint on March 20, 1990 in the Court of Common Pleas of Lycoming County. Subsequently, the defendant, Allen-Bradley Company, Inc. (“Allen-Bradley”), removed the case to the United States District Court for the Middle Distri...
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OPINION AND ORDER This civil rights matter comes before us for consideration of a Motion to Quash filed by the Pennsylvania state police, who are not a party to this action. Oral argument was held by telephone conference on October 30, 1990. It is our judgment that said motion should be denied. The plaintiffs have scheduled discovery and seek access to certain records concerning an incide...
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ORDER This matter is before the court upon defendants’ motion for summary judgment. Plaintiff has responded thereto, and the matter is ripe for disposition. The undisputed facts are as follows. This federal tort claim action was commenced on April 14, 1989. Plaintiff seeks damages for injuries allegedly sustained by him on or about December 19, 1986, while he was a prisoner at the Federal Correcti...
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ORDER THIS MATTER is before the Court on a motion, filed August 13, 1990, to dismiss for the reason that this Court does not have personal jurisdiction over Defendant National Business Systems, Inc., a Canadian Corporation (hereinafter “NBS, Canada”). On September 6, 1990, Plaintiff Bar-clays Leasing, Inc. (hereinafter “Plaintiff”) filed a response to NBS, Canada’s motion to dismiss. ...
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MEMORANDUM OPINION The matter presently before the Court is the defendant’s appeal, pursuant to 18 U.S.C. § 3402 (1990), from her conviction, on January 18, 1990, by United States Magistrate B. Waugh Crigler of operating a motor vehicle while under the influence of an alcoholic beverage in violation of 36 C.F.R. § 4.23(a)(1) (1989). The defendant challenges two aspects of Magistrate Cri-g...
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MEMORANDUM OPINION The Court has before it motions for summary judgment filed by each of the parties to the above-styled proceeding. Essentially there is presented by said motions a single issue, the resolution of which is dis-positive of this case which has been pending since April 2, 1987. On that date this Court enjoined unilateral action by the United States Department of Health and Human S...
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WRITTEN REASONS ON MOTION TO DISSOLVE INJUNCTION On September 28, 1990, the United States Court of Appeals for the Fifth Circuit rendered an en banc decision in League of United Latin American Citizens v. Clements, 914 F.2d 620, a case involving a challenge to at-large election of Texas trial judges. The majority opinion held that the 1982 amendment to Section 2 of the Voting Rights Act (42 U...
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*204 ORDER AND REASONS This matter is before the Court on plaintiff’s motion in limine [Document No. 48]. For the following reasons, the Court DENIES the motion. I. In the wee morning hours of January 31, 1989, John R. Harrison and his captain were walking along a highway in south Louisiana back to their vessel from a trip to a nearby convenience store. A drunk driver s...
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MEMORANDUM OPINION This is an action for compensatory damages for personal injuries allegedly caused by the medical malpractice of personnel of the United States government at Barksdale Air Force Base, Bossier City, Louisiana. *208 Plaintiffs, Myra Kennedy and her husband, Jack Kennedy, filed suit under the Federal Tort Claims Act (hereinafter “FTCA”), 28 U.S.C. §§ 2671, et seq., alleging n...
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MEMORANDUM RULING ON MOTION FOR SUMMARY JUDGMENT Plaintiffs instituted this suit under the Jones Act for negligence and the general maritime law for unseaworthiness and negligence. Kennedy was injured on May 26, 1987. He was employed by Gulf Crews as a seaman aboard the M/V Jillian. The vessel was owned by Service Boat Rentals, Inc. Roderick Primeaux, the captain of the M/V Jillian at the time ...
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MEMORANDUM OPINION This action was brought by the United States of America (hereinafter “plaintiff”) to reduce to judgment the assessment of certain federal estate tax liabilities of the estate of C.E. Blakeman, deceased (“the estate”); to foreclose plaintiffs federal tax lien(s) against certain real property (hereinafter described) located in Fort Worth, Tar-rant County, Texas; and to ob...
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MEMORANDUM ORDER Plaintiffs Carolyn Greathouse (Great-house), appearing individually and as executrix of the Estate of C.R. Greathouse (C.R. Greathouse), Deceased, and as next friend of David Greathouse (David), a minor child; and Michael Greathouse (Michael); and Craig Greathouse (Craig), brought this suit under various state and federal theories, seeking recovery of benefits the plaintiffs claim...
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MEMORANDUM OPINION AND ORDER Came on this day to be heard the Motion of the Defendants Southern Pacific Transport Company (“Southern Pacific”) and *228 MCI Communications, Inc., (“MCI”) for Reconsideration of the Order denying Summary Judgment in the above-captioned cause. Plaintiff responded in a timely manner. Upon consideration of the pleadings, evidence offered by the par...
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ORDER ON MOTION FOR SUMMARY JUDGMENT Before this Court is the Motion of the Plaintiff, the Pension Benefit Guaranty Corporation (“PBGC”), for Summary Judgment in the above-captioned cause, along with its Brief in support thereof, and the *234 Defendant's timely-filed Affidavit in Response thereto. Upon consideration of the Motion and Brief, the Response, and the applicable law, this Court is ...
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OPINION ON DENIAL OF A WRIT OF HABEAS CORPUS 1. Introduction. Ann T. Johnston has applied for a writ of habeas corpus contesting the validity of her conviction for the involuntary manslaughter of a young woman in a car wreck. Johnston complains that she was incapacitated at the time of trial. Her complaint is simple: Because she was in a self-induced alcohol and drug stupor during the trial...
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MEMORANDUM OPINION This products liability action is before the court on motion of defendant, Pfizer Hospital Products Group, Inc., for summary judgment pursuant to Fed.R.Civ.P. 56. I. BACKGROUND Munn fractured his right femur in a motorcycle accident on June 6, 1987. On June 9, 1987, Eugene Jacob, M.D. surgically implanted a Grosse & Kempf femoral intram-edullary locking nail i...
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OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff, Michael Vhalantones, brought this breach of marine insurance contract action in Wayne Circuit Court on May 10, 1990, against defendant, Zurich-American Insurance Company. The action was removed to this Court on the ground that it is within its admiralty jurisdiction. See 46 U.S.C.App. § 740, 28 U.S.C....
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OPINION This matter is before the Court upon Plaintiffs Complaint seeking declaratory judgment and preliminary and permanent injunctions against Defendants from enforcing 8 U.S.C. § 1252 in detaining Plaintiff. Plaintiff was sentenced by Judge Dug-gan of this Court on October 17, 1989 to a term of three months, with a special recommendation that he be incarcerated in an institution w...
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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS Plaintiffs brought-this claim for declaratory and injunctive relief premised on 42 U.S.C. § 1983, contending that defendant Judge Stacey, acting in his official capacity and under color of the laws of the state of Michigan, acted to deprive them of their federally protected rights under the National Labor Relations Act (NLRA). The federally pro...
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OPINION OF THE COURT Now before the Court is defendant’s motion for summary judgment pursuant to Fed.R.Civ.P. 56(c) (Rule 56) as to Counts I, II, IV, VI and portions of Count III of plaintiffs’ third amended complaint. Also before the Court is defendant’s motion for dismissal pursuant to Fed.R.Civ.P. 12(b)(6) [Rule 12(b)(6) ] as to the remainder of Count III and all of Count V of plaintif...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND PRELIMINARY INJUNCTION This matter is before the Court upon the plaintiffs’ motion for a preliminary injunction. A hearing was held upon plaintiffs’ motion on September 24, 1990, at which time the plaintiffs and defendant Philip Bowman presented evidence and arguments in support of their respective positions. 1 Upon due consideration of the evidence a...
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*279MEMORANDUM AND ORDER In this insurance dispute, Ervinwood Marina, Inc., brought suit in the Lake County Court of Common Pleas against Fireman’s Fund Insurance Company for failing to compensate Ervinwood for losses experienced after flooding and a severe storm, and against Ervinwood’s insurance agent, James B. Oswald Company, for negligently failing to secure adequate coverage. Oswald contended...
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OPINION AND ORDER This matter is before the Court on defendant, Automatic Blanket Plant’s motion for summary judgment. Plaintiff, Cincinnati Insurance Company (hereinafter Cincinnati) brought this action against defendants Automatic Blanket Plant (Automatic) and J.C. Penney Company on March 20, 1987. This case was originally filed in the Common Pleas Court of Franklin County, Ohio. Pursuant to de...
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MEMORANDUM AND AMENDED ORDER BACKGROUND Burnham Corporation (“Burnham”) owns and operates an iron foundry located in Zanesville, Ohio. Burnham uses an air pollution control device called a wet scrubber to remove lead, cadmium, and other pollutants from the air emissions produced by the foundry furnace. The scrubber produces a sludge containing the captured air pollutants which is a hazardous wast...
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MEMORANDUM By an Order dated December 29, 1988, the Court referred the above captioned civil rights action to the undersigned for consideration of its malicious or frivolous nature, 28 U.S.C. § 1915(d); Malone v. Colyer, 710 F.2d 258, 260-61 (6th Cir.1983), and further proceedings, if necessary, under Rule 72(b) of the Federal Rules of Civil Procedure and Local Rules of Court. By an Order ent...
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MEMORANDUM This Memorandum sets forth the reasoning behind the Court’s Order, entered on October 23, 1990, denying the plaintiff’s motion for a preliminary injunction. Oral argument was heard on October 18, 1990. FACTS The instant action arises from the acquisition of the Shoppes of Bell Forge (“The Shoppes”), a Nashville shopping center, by the Federal Deposit Insurance Corporation (“FDIC”) at a...
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MEMORANDUM OPINION Plaintiff Vernon D. Hayse (“Hayse”) brings this action against defendants seeking reemployment, wages, and other benefits as a result of alleged violations of the Veteran’s Reemployment Rights Act, 38 U.S.C. §§ 2021, et seq., (the “Act”). This matter was tried without intervention of a jury on June 15 and 16, 1989. At the close of all of the evidence, the cou...
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MEMORANDUM AND ORDER Plaintiffs Bonita Spinka (“Spinka”) and Karl Halperin (“Halperin”) bring this action under 42 U.S.C. § 1983 alleging that their civil rights were violated when defendants Judith Brill, Robert Schlossberg, John Alden, and Berle Schwartz failed to hold elections for the position of drainage commissioner. We have before us plaintiffs’ motion to certify a class, as well as the ...
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MEMORANDUM OPINION AND ORDER Natural Gas Pipeline Company (“Natural”) brought a four-count complaint against Union Pacific Resources Company, seeking declaratory relief and specific performance. Natural has filed a motion for summary judgment with the court. Union Pacific has also presented a motion for summary judgment, seeking dismissal of Natural’s complaint on discretionary grounds. 1 Tha...
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MEMORANDUM AND ORDER On June 14, 1987, according to plaintiff Cheryl Harrison (“Harrison”), the automobile in which her daughter, Jennifer Harrison (“Jennifer”), was riding as a passenger was struck by a train operated by defendant Burlington Northern Railroad Company (“Burlington”). Both Jennifer and the driver of the automobile, Jacqueline Hughes (“Jackie”), died from injuries sustained...
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MEMORANDUM OPINION AND ORDER INTRODUCTION On July 22, 1986, Kevin Dean Lebeter, then fourteen, fell from a rope swing attached to a tree overhanging the White River at Sischo Landing, in the Huron-Manistee National Forest, State of Michigan. Lebeter severely injured his foot after striking a sharp submerged object, never identified, in the White River. Lebeter, by his Next Friend and father, ...
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MEMORANDUM AND ORDER Plaintiff Ray Kim Ford, Inc., (Ford) filed this action against Dolour Daoud charging that he violated both federal and Illinois law when he traded in a used car. Count I alleges that Daoud turned back the odometer. Counts II and III allege that Daoud failed to properly disclose that he knew that the odometer reading was inaccurate. We have before us plaintiff’s motion for summ...
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ORDER This court entered summary judgment in favor of defendants, and the Court of Appeals affirmed. Nash v. CBS, Inc., 899 F.2d 1537 (7th Cir.1990). Pending before the court is defendants’ motion for costs in the amount of $11,813.55. The motion will be allowed. All of the costs, with the possible exception of $209.67 in miscellaneous charges (Tab 7 to motion), are of the kind usually allo...
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OPINION Shortly after I issued Vas-Cath Inc. v. Mahurkar, 745 F.Supp. 517 (N.D.Ill.1990), the Judicial Panel on Multidistrict Litigation transferred to me two related cases. A fourth case was transferred from within the Northern District of Illinois. On October 29, 1990, I held an initial conference to set schedules for the consolidated pretrial proceedings, and combined this with oral argument o...
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ORDER Petitioner Ajibola J. Edun moves to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Petitioner was found guilty in a bench trial of conspiring to import heroin; conspiring to possess heroin with intent to distribute; using or carrying a firearm during and in relation to a drug trafficking crime; and using a communication facility to commit these of*338fenses. His con...
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ORDER Seeking monetary damages, plaintiff Pamela Ludwig filed this wrongful discharge action against defendant C & A Wallcoverings, Inc., d/b/a Kinney Wallcov-erings (“Kinney”). Although Ludwig initially filed suit in the Circuit Court of Cook County, Kinney removed the case to federal court based on diversity jurisdiction. With the date set for trial rapidly approaching, Kinney has moved...
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MEMORANDUM AND ORDER In the instant case, brought pursuant to 42 U.S.C. § 1983, several officers of the Chicago Police Department challenge the constitutionality of the procedures used when officers are suspended incident to the filing of internal departmental charges, particularly when the officers suspended are the subject of an investigation that could lead to both criminal and departm...
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MEMORANDUM OPINION AND ORDER The plaintiff class’ attorneys’ motion for the award of final counsel fees and expenses is before the court. Before addressing the merits of the motion, the court will provide a brief summary of the history of this litigation and the related litigation in the Illinois state courts. I. FACTS This class action arose out of a public offering of stock of...
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ORDER Claimant Mario Reyes has moved to vacate the default judgment entered against him in this forfeiture action. The motion was referred to a magistrate for his report and recommendation. In his report, the magistrate recommended that the motion to vacate be granted. Additionally, the magistrate suggested that the court follow a bifurcated procedure. The court would rule first on claimant’s moti...
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ORDER Before the court is the petition of William Jackson for a writ of habeas corpus. For the following reasons, the court finds that this petition constitutes an abuse of the writ and, pursuant to Rule 9(b), the petition is denied. *363Petitioner alleges that his November 11, 1977 murder conviction is unconstitutional, due to ineffective assistance of both trial and appellate counsel. The petiti...
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ORDER Before the Court is a Motion by Douglas A. Brager, as Counter-Defendant, to dismiss subparagraphs 2(g) and 2(h) of Betty Fee’s Counterclaim for Contribution. The Court grants this Motion (# 41). *365 BACKGROUND This case was originally brought by the Plaintiffs, who are all citizens of the State of Illinois, against the Defendant Betty Fee, who is a citizen of the...
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*369 MEMORANDUM AND ORDER Before the Court is the defendants’ Motion to Dismiss Plaintiffs’ Amended Complaint (Document No. 19). The defendants argue for dismissal on the grounds that (1) the plaintiffs’ claims are pre-empted by the National Labor Relations Act; (2) the plaintiffs have failed to satisfy the pleading requirements under the Racketeer Influenced and Corrupt Organiza...
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*373 MEMORANDUM OPINION AND ORDER This matter is before the court on the Motion for Summary Judgment, filed August 3, 1990, by the defendant, Elgin, Joliet & Eastern Railway Company (hereinafter referred to as “EJ & E”). Pursuant to Local Rule 9(a) of the General Rules of the United States District Court for the Northern District of Indiana, the plaintiff, Modesto Ricard (hereina...
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DECISION AND ORDER FACTS On June 22, 1990, this court dismissed plaintiffs Robert and Sylvia Eckstein’s (“the Ecksteins”) federal securities law complaint because it failed to allege reliance which is an essential element of a claim brought pursuant to section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder by the Securities and Exchange Commission (“Rule 10b-5”...
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ORDER In a thorough and comprehensive report and recommendation entered herein on September 8, 1990, the United States Magistrate recommended dismissal of plaintiffs’ claim that defendant Ros failed to provide plaintiff Donald Hopkins with a safe place of employment as required by Wis.Stat. § 101.11(1). The magistrate also recommended denial of defendants’ alternative motion for summary judgment....
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ORDER This case was remanded by the Eighth Circuit for resentencing under the Sentencing Guidelines. Now before the Court are defendant’s Motion and Amended Motion for Reconsideration of Sentence under Federal Rule of Criminal Procedure 35(b). In addition, the government has moved for a downward departure from the sentencing range pursuant to § 5K1.1 of the United States Commission, ...
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MEMORANDUM AND ORDER This matter comes to the Court on defendant’s motion to dismiss for lack of subject matter jurisdiction. Plaintiffs have responded to the motion. For the reasons discussed below, defendant’s motion to dismiss will be granted. I.FACTS Plaintiffs’ lawsuit alleges slander, intentional infliction of emotional distress and other claims arising from plaintiffs’ re...
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MEMORANDUM This matter is before the Court on plaintiff’s request for prejudgment interest and attorney fees. The Court having previously found for plaintiff on the merits of its claim after a trial to the Court. (Memorandum and order April 16, 1990). Plaintiff’s action was for breach of the parties’ “assignment of Sales Proceeds,” when defendants refused to tender a portion of stock in Nuclear Si...
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ORDER Defendant filed a motion May 25, 1989, for summary judgment. Plaintiffs filed a memorandum in opposition July 7, 1989. Defendant filed a reply memorandum July 19, 1989. The parties submitted documentation in support of their opposing positions. For the reasons set forth below, the motion will be granted in part and denied in part. I. Statement of the Case The seven...
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ORDER GRANTING DEFENDANTS’ JOINT MOTION FOR SUMMARY JUDGMENT Plaintiff brings this action under 42 U.S.C. § 1983 alleging that his Fourteenth Amendment rights to equal protection and due process were violated when he was incarcerated in January 1989, for failure to pay a jail bill. Plaintiff contends that the county’s remedy for failure to pay a jail bill was to levy his property and sell it to s...
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ORDER DENYING DEFENDANT’S MOTION FOR REVOCATION OR AMENDMENT OF CHIEF MAGISTRATE’S DETENTION ORDER AND COMMITTING DEFENDANT TO CUSTODY PENDING TRIAL Pursuant to 18 U.S.C. § 3145(b), defendant moves for revocation or amendment of Chief Magistrate Calvin K. Hamilton’s October 16, 1990, detention order. An evi-dentiary hearing regarding this issue was held before this court on October 29, 19...
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MEMORANDUM AND ORDER Emerado Public School District No. 127 (Emerado) filed an action against Mark Sanford, Grand Forks Public School District No. 1 (Grand Forks), Kathryn Haltli and three other defendants 1 on May 23, 1990. Before the court is defendants’ motion to dismiss for lack of subject matter jurisdiction.2 The burden of establishing jurisdiction is on the plaintiff. Schmidt v. United Stat...
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ORDER This controversy results from a 1980 IRS assessment against Fred R. Esser, P.C. (“taxpayer or corporation”), a small business corporation formed by Fred R. Esser (“Esser”) in 1979 to provide legal services. Esser was the sole incorporator, president, secretary, sole member of the board of directors, and the only attorney providing legal services for the corporation. Esser’s wife, Margaret...
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OPINION AND ORDER GRANTING SUMMARY JUDGMENT Plaintiff Donald Bogue brings this action under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001, et seq., claiming that defendants wrongfully denied him severance benefits, breached their fiduciary duties, and interfered with his protected rights. Defendants have moved for summary judgment on all claims alleged...
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Sitting by Designation. Previously pending on this court’s civil law and motion calendar for April 13, 1990, was defendants’ motion to dismiss and defendant intervenors’ motion for judgment on the pleadings. Having the benefit of full briefing, as well as the parties’ oral argument, the court denies the motions for the following reasons. BACKGROUND Plaintiffs are the people of Ca...
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ORDER GRANTING DEFENDANT DOLLAR’S MOTION FOR SUMMARY JUDGMENT AND DENYING ITS MOTION FOR ATTORNEYS’ FEES The motion for summary judgment of defendant Pacific International Services Corporation, dba Dollar Rent-a-Car, came on for hearing before this court on October 22, 1990. Burton D. Gould, Esq. appeared for plaintiff Jan Roland Nielson (“plaintiff”). John H. Price, Esq. appeared on beha...
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MEMORANDUM DECISION The Court has before it the motion of defendant International Playtex, Inc. (Playtex) for summary judgment. The Court has heard oral argument and delayed issuing a decision as identical issues were on appeal to the Ninth Circuit in Lavetter v. International Playtex, Inc., No. 88-2554 (9th Cir., appeal docketed April 21, 1988). No decision has yet been render...
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MEMORANDUM AND ORDER Plaintiff filed this suit seeking declaratory judgment that the State of Montana (State) has no authority to regulate hunting and fishing on the Flathead Indian Reservation (Reservation), and that regulation of hunting and fishing within the exterior boundaries of the Reservation is exclusively vested in the Confederated Salish and Kootenai Tribes of the Flathead Indi...
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MEMORANDUM AND ORDER Plaintiffs filed claims against defendant in this court for breach of contract and negligence (legal malpractice). Defendant responded with an answer and a motion to dismiss. The case now comes before the court on defendant’s Renewed Motion To Dismiss (Doc. 14), wherein defendant raises several Fed.R.Civ.P. 12(b) defenses. Plaintiffs have responded and oppose defendan...
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MEMORANDUM AND ORDER This diversity of citizenship case comes before the court upon claimant Mutual Reinsurance Bureau’s (MRB) motion, pursuant to 9 U.S.C. § 9, seeking to confirm the arbitration award entered on December 13, 1988, in its favor and against respondent Great Plains Mutual Insurance Company, Inc. (GPM). MRB is an Illinois corporation which, at all times relevant to this...
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MEMORANDUM AND ORDER This matter is before the court on plaintiffs motion for a preliminary injunction and a prejudgment attachment order pursuant to Rules 64 and 65 of the Federal Rules of Civil Procedure. Plaintiff requests equitable relief in the form of an injunction preventing defendant Atchison Grain Company, Inc. (“Atchison Grain”) from selling any of its assets prior to final judg...
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MEMORANDUM OPINION AND ORDER This matter came on for consideration on plaintiff’s motion for partial summary judgment regarding the unauthorized practice of law. Having considered the motion and response and being otherwise fully advised in the premises, I find that the motion is well taken and it will be granted. BACKGROUND Plaintiff brought his action alleging a series and pattern of debt...
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ORDER This is an action brought under the authority of 42 U.S.C. § 1983 1 by plaintiff, Anna Redding, on behalf of Mark Allen Redding (Redding), a former inmate incarcerated at the Jackie Brannon Correctional Center (JBCC), McAlester, Oklahoma. Defendants are John H. Marsh (Marsh), a physician employed by the Oklahoma Department of Corrections to serve the JBCC; McAlester Regional Health Center d...
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MEMORANDUM DECISION AND ORDER This matter came on regularly on September 20, 1990 for hearing on Cross Motions for Summary Judgment pursuant to a Joint Stipulation of Facts. Plaintiff was represented by Billy L. Walker and defendant was represented by W. Cullen Battle. After briefing by the parties and oral argument, the court took the motions under advisement. Now, being fully advised, the court...
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ORDER ON MOTIONS This cause is before the Court on the following: Dkt. 45 Motion for summary judgment on Count I of amended complaint by defendant, filed August 8, 1988 Dkt. 47 Motion to drop parties by defendant, filed August 8, 1988 Dkt. 51 Memorandum of law in opposition to defendant’s motion to drop parties by plaintiffs, filed August 23, 1988 Dkt. 55 Memorandum of...
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ORDER This cause is before the Court on the following: *496 Dkt. 19 Motion to dismiss Amended Complaint by Defendants, Gabriel D’Ambra and Gladys D’Ambra, filed May 18, 1990 Dkt. 20 Motion for summary .judgment by Defendants Gabriel D’Ambra and Gladys D’Ambra, filed May 18, 1990 Dkt. 22 Motion by Plaintiffs, Frank Ciaramello, Jr. and Anna Dimuccio requesting the Co...
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ORDER This case is before the Court on the plaintiff’s Motion to Remand, filed on May 18, 1990. The defendant filed its response in opposition on June 8, 1990. Pursuant to the Court’s Order of June 5, 1990, the Attorney General of Florida was permitted to file a memorandum of law addressing the issues raised in the plaintiff’s motion. The Court heard oral argument on July 26, 1990. Also p...
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MEMORANDUM OPINION This Cause is before the Court upon the defendant’s motion for summary judgment filed pursuant to Rule 56 of the Federal Rules of Civil Procedure. As a result of a lease dispute, Bayshore Executive Plaza (“EXECUTIVE PLAZA”), the lessor, instituted this action against the lessee’s liquidator, the Federal Deposit Insurance Corporation (“FDIC”). In essence, Executive Plaza...
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*513 MEMORANDUM OPINION The plaintiff United States of America has brought this action pursuant to the False Claims Act. 31 U.S.C. 3729-3731. Reduced to its least common denominator, this case involves a calculated plan by three individuals and an international banking institution to defraud the United States Government out of a substantial amount of money. Specifically, the frau...
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MEMORANDUM OPINION This Cause is before the Court upon the parties’ cross-motions for summary judgment, filed pursuant to Rule 56 of the Federal Rules of Civil Procedure, and stipulation of facts. The plaintiffs, as Trustees of the Laborers Health and Welfare Trust Fund of South Florida, (“Trust Fund”), have instituted this action pursuant to Sec *521 tion 502(a)(3)(B) of the...
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MEMORANDUM & ORDER I. On April 6, 1990, the Defendant gave notice pursuant to Rule 12.2 of the Federal Rules of Criminal Procedure that he intended to avail himself of an insanity defense. In this motion the Defendant, who is charged with numerous counts of bank and wire fraud, is seeking to challenge the constitutionality of the Insanity Defense Reform Act of 1984 (“IDRA” or “Act”)....
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ORDER This diversity action alleging libel, fraud and tortious interference with contractual relations is before the court on Plaintiff’s motion to amend its complaint and Defendant Western Iowa Farms Co.’s (“Western”) motion to dismiss for lack of personal jurisdiction, insufficient service of process, and failure to state a claim upon which relief can be granted or, alternatively, for s...
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MEMORANDUM ORDER This action is before the Court on plaintiff’s motion to stay proceedings pending arbitration, and on defendants’ motion for summary judgment. For the reasons set forth below, plaintiff’s motion to stay is denied. Defendants’ motion for summary judgment is denied in part and granted in part. Background This case arises under the Miller Act. 40 U.S.C. § 270a ...
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ORDER Plaintiffs Peter and Diane Kokaras allege that on May 8,1987, in Hampton, New Hampshire, a United States Postal Service employee negligently caused a collision with their car. Plaintiffs seek recovery for damages to their car and for injuries to the driver (Peter Kokaras) and the passenger *543 (Diane Kokaras). Additionally, both claimants seek damages for loss of conso...
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ORDER In this action, plaintiff appeals the April 20, 1990 decision of a New Hampshire Department of Education hearing officer which concludes that (1) both the 1989-90 Individual Education Plan (“IEP”) and the 1989-90 placement proposed for Ian W., defendants’ son, were inappropriate; (2) that defendants’ unilateral placement of their son in the Landmark School in Pride’s Crossing, Massachuset...
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MEMORANDUM AND ORDER The background of this case is set out in this Court’s opinion and order of May 18, 1990, Friends of Sakonnet v. Dutra, 738 F.Supp. 623 (D.R.I.1990), and need not be repeated here. Currently before the Court are three motions involving defendant Davisville Credit Union (Davisville): 1) defendant’s motion to dismiss; 2) plaintiffs motion to amend the complai...
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ADDENDUM On January 12, 1990, this Court released an opinion granting summary judgment on the issue of liability to the plaintiffs, the Yangs, for the emotional distress they suffered as a result of the defendant’s, Dr. Stumer’s, violation of their First Amendment rights. The facts of the case are set out in this Court’s opinion at 728 F.Supp. 845 (D.R.I.1990). In brief, Dr. Sturner, Rhode Isla...
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MEMORANDUM AND ORDER This civil action is before the Court on motions by plaintiff and four defendants. Plaintiff moves to recover his costs of personal service under Fed.R.Civ.P. 4(c)(2)(D). Defendants William Blackwell, The Distance, Inc., Punch Enterprises and Capitol Records, Inc., all move to dismiss the complaint based on two grounds: failure to state a claim for which relief can be grant...
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RULING ON DEFENDANTS’ MOTION TO DISMISS BACKGROUND Plaintiff, Alphonse Rauccio, commenced this action against Anthony Frank in his official capacity as Postmaster General of the United States Postal Service and against various other Postal Service employees in both their official and individual capacities. Defendants filed a Certification of Scope of Employment and a Notice of Substi...
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MEMORANDUM AND ORDER Plaintiffs brought this action for, among other things, an order (a) enjoining any further construction or planning for construction on certain land known as Site 4 in Williamsburg Urban Renewal Area I (Area I), and (b) rescinding the sale of the land by the City of New York (the City). Plaintiffs are Southside Fair Housing Committee (the Housing Committee) and eighteen perso...
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MEMORANDUM AND ORDER The parties to this action have consented to proceed before a United States Magistrate pursuant to 28 U.S.C. § 636(c). Two motions are currently pending: the plaintiff’s motion for a preliminary injunction and the defendant’s motion to disqualify plaintiff’s counsel. 1 For the reasons that follow, the plaintiff’s motion is granted and the defendant’s motion...
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OPINION Defendants Michael Parrot, Gary Bezio and Dale LaBombard, all officers at the Clinton County Correctional Facility, have filed a motion to dismiss the complaint filed by pro se plaintiff Nache Afrika, who has alleged that these defendants violated his right to due process under 42 U.S.C. § 1983 during a 1986 disciplinary hearing. Defendant Andrew Ryan, former district attorney of Cl...
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MEMORANDUM OPINION AND ORDER This purported class action arises out of the issuance of stock and the subsequent Chapter 11 bankruptcy petition by Computer Depot, Inc. (“CDI”). Robert D. Phillips, the named plaintiff, claims that the activities of defendant Kidder, Peabody & Co. (“Kidder”) and a defendant class of underwriters for CDI stock, relating to the initial offering and subsequent ...
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Plaintiffs Maestro Raffaele, South Moda, Weber Moda, Paradise Moda, Terry Moda and Pizzi Pazzi, clothing manufacturers whose principal places of business are located in Italy, bring this diversity action against defendant Designers Break, Inc., d/b/a Chalvar (“Designers Break”), a New York corporation that imports and wholesales clothing, to collect payment for goods allegedly ordered, delivere...
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MEMORANDUM OPINION AND ORDER On April 26, 1990 defendant Ronald Rivera was arrested pursuant to an arrest warrant issued on April 4, 1990 and charged with one count of violating 18 U.S.C. §§ 2113(d) and 2 in connection with the armed robbery of the Manufacturer’s Hanover Trust Company, 230 Second Avenue, New York, New York on October 18, 1989. Defendant moves to suppress an inculpa-t...
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OPINION AND ORDER Plaintiff Betys Greenspon moves pursuant to Rule 50 of the Federal Rules of Civil Procedure to set aside the jury’s verdict granting damages to the plaintiff in the amount of $431,000, and for a new trial. Defendant cross moves for an order pursuant to Rule 59(e) amending the verdict to effect a reduction of $112,000. Plaintiff points to the jury’s failure to award damages for pa...
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OPINION Terry Winfield Kellman (“Kellman”) has petitioned this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Kell-man is currently being held under detention by the Immigration and Naturalization Service (“INS”) while awaiting the outcome of deportation hearings. He has challenged the constitutionality of Section 242(a)(2) of the Immigration and Nationality Act of 1952, ...
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AMENDED * OPINION AND ORDER Plaintiff Harold R. Warshay (“War-shay”) brings this action against defendant Guinness PLC (“Guinness”) for breach of an oral “finder’s fee” agreement. Currently pending before the Court are Guinness’s motions for summary judgment pursuant to Fed.R.Civ.P. 56(c) and for sanctions pur *630 suant to Fed.R.Civ.P. 11 and 56(g). For the reason...
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OPINION AND ORDER This is a shareholder derivative action brought on behalf of Par Pharmaceutical, Inc. (“Par”) against certain directors, officers and former officers of Par alleging violations of Sections 14 and 20 of the Securities Exchange Act of 1934, 15 U.S.C. § 78n and § 78t, and of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-68, and alleging ...
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MEMORANDUM OPINION AND ORDER In this action under the Copyright Act between two music publishers, plaintiff seeks a declaration that defendant’s rights in certain songs have been terminated and an accounting. Defendant moves under Rule 56, Fed.R.Civ.P., for summary judgment dismissing the complaint. Background Plaintiff Larry Spier, Inc. (“Spier”) and defendant Bourne Co. (“...
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MEMORANDUM & ORDER Edna Coonan moves for reconsideration of her motion for a new trial under Rule 33 or in the alternative for a reduction of sentence under Rule 35, which I denied in its entirety in my Memorandum & Order of August 3, 1990, 1990 WL 116758. The government asserts that the court is without jurisdiction to entertain the instant application in so far as it seeks reconsiderati...
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MEMORANDUM OPINION Plaintiff Maria Carrero (“Carrero”) moves for entry of an order granting her $15,078.75 in backpay from the defendant New York City Housing Authority (“NY- *661 CHA”), $12,500 for pain and suffering from defendant Miguel Peterson (“Peterson”), and $16,963.39 in attorneys’ fees from the NYCHA. The NYCHA opposes the motion and cross-moves for a reduction in attorneys’ fees to...
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MEMORANDUM AND ORDER This case arises under the Federal Employers’ Liability Act, 45 U.S.C. § 51 et seq. (“FELA”). In his complaint, plaintiff Gi-ammona alleges that exposure to asbestos fibers has initiated a “scarring process” in his lung tissue, and seeks to recover damages for emotional harm and the costs of continuous medical treatment caused by defendant’s negligence or o...
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OPINION Reconsideration of detention orders of July 31, 1989 for defendants Joseph Gatto, Alan Grecco, and Stefano Mazzola This matter comes before the court on the renewed applications of defendants Joseph Gatto, Alan Grecco, and Stefano Maz-zola for reconsideration of their orders of detention. For the reasons stated below, the court has reconsidered its detention decisions and now...
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OPINION The matter is now before the Court upon plaintiffs’ application for attorneys’ fees pursuant to 42 U.S.C. § 1988. Before addressing the contentions of the parties it is necessary to summarize the history of this case. A. PROCEDURAL BACKGROUND Plaintiffs, who are registered voters of Jersey City, filed the complaint in this action seeking declaratory relief and monetary d...
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MEMORANDUM 1. PROCEDURAL HISTORY This is a diversity action commenced by Plaintiffs on December 18, 1987. Defendants Vivadent, Inc., U.S.A. (“Vivadent USA”) and Vivadent ETS 1 (referred to collectively as “Vivadent”) filed a third-party complaint against Sedlbauer AG 2 (“Se- *694 dlbauer”) and Litema, G. Schernath KG 3 (“Litema”) on March 28, 1989. On August 11, 1989 Sedlbauer and Lit...
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MEMORANDUM I. Introduction. Currently before the court are two motions pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss this civil rights action initiated by plaintiff, DeWitt A. Lowe. One motion has been filed by the “county defendants”: Dauphin County, Gerald Frey, the Warden of the Dauphin County Prison, the Dauphin County Board of Probation and Parole, Miles Miller, a probation officer, two J...
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OPINION AND ORDER The defendants in the captioned matter have filed a motion to dismiss for lack of jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1). 1 The defendants argue that the court should dismiss the plaintiffs’ complaint with prejudice because of the Tax Injunction Act of 1937, because of the doctrine of comity, and because various doctrines of abstention should apply. A...
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MEMORANDUM OPINION AND ORDER This case arises out of a series of transactions between First Union Real Estate Equity and Mortgage Investments (hereinafter First Union), an Ohio real estate trust, and Mellon Bank (hereinafter Mellon). In the fall of 1981, Mellon was badly in need of space for expanded office facilities, and approached First Union to explore the possibility of acquiring fro...
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MEMORANDUM OPINION On August 15, 1988 Mildred Glick Friedman committed suicide. Plaintiff brings this action on behalf of the decedent’s estate and the decedent’s incompetent daughter, charging that defendant caused Ms. Friedman to take her own life. The case began in the Court of Common Pleas, McKean County, Pennsylvania, where a summons was filed on April 19, 1990. Defendant then remove...
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MEMORANDUM OPINION The four-year-old son of the decedent, allegedly murdered by the defendant, appeared in court at a motion to suppress hearing. The objectives of that motion were to exclude testimony concerning out-of-court identification of the defendant by the son for being impermissibly suggestive and unreliable, and to prevent the child from testifying at trial because he was by age an in...
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MEMORANDUM This matter is before the Court on the motion of The Daily Press, Inc. (“The Daily Press”), not a party to the above action, to quash a subpoena duces tecum served upon it by the defendant, General Rental Co., Inc. It has been fully briefed and argued, and is ripe for disposition. This lawsuit is the result of an accident which occurred on February 14, 1989, at ...
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*734 MEMORANDUM OPINION Plaintiff Robert Newton Bryant, Sr., an inmate at the Richmond City Jail, brings this action pursuant to 42 U.S.C. § 1983, alleging that his constitutional rights were violated when defendant Deputy James opened legal mail addressed to him out of his presence. Defendants filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6). Plaintiff has responded to defendants’ motio...
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MEMORANDUM OPINION This matter is before the Court on plaintiffs’ appeal from the Magistrate’s Order denying plaintiffs’ motion to compel and granting defendant Williams’ request for a protective order against the taking of any discovery in derogation of defendant’s Fifth Amendment privilege against self-incrimination. The specific question presented is whether a party may invoke the Fift...
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MEMORANDUM The parties are before the Court on Defendant’s Motion to Transfer and Defendant’s Motion to Dismiss. The parties have fully briefed these issues and they are ripe for decision. This Court has diversity jurisdiction over this matter pursuant to 28 U.S.C. § 1332(a)(1). BACKGROUND This is an action for the unlawful appropriation of Plaintiff Richard Nossen’s name, reput...
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MEMORANDUM OPINION This matter is before me on defendant’s motion to dismiss, or in the alternative, to compel arbitration, and on plaintiff’s motion for preliminary injunction. All motions were argued on September 10, 1990, and the matter is now ripe for disposition. The underlying dispute in this case involves both a leveraged buyout and CERCLA liability for hazardous waste storage. The...
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MEMORANDUM OPINION This case is before the court on cross-motions for summary judgment. The court has jurisdiction pursuant to 30 U.S.C. § 1232(e) and 28 U.S.C. §§ 1331 and 1345. FACTUAL AND PROCEDURAL BACKGROUND On November 23, 1981, the court entered a money judgment in Civil Action no. 81-0151-B (“original action”) against Ringley and Mancuso Coal Producers, a Virginia genera...
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RULING ON THE RESOLUTION TRUST CORPORATION’S MOTION FOR SUMMARY JUDGMENT On June 28, 1984, A.C.V., Inc. (ACV) executed a loan agreement and a secured promissory note with Commercial Federal Savings & Loan Association (Commercial Federal) in the principal amount of $3,200,-000.00 bearing an annual interest rate of 15% and payable upon demand. 1 The secured promissory note was so...
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RULING ON CF INDUSTRIES’ MOTION FOR SUMMARY JUDGMENT ON ITS THIRD PARTY DEMANDS AGAINST BARNARD & BURK AND EMPLOYERS NATIONAL Damon Thomas filed suit against CF Industries, Inc. (CFI) for damages sustained while performing work on CFI’s premises pursuant to a contract between CFI and Barnard & Burk (B & B). CFI then filed a Third Party Complaint against B & B and its insurer, Employers National I...
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ORDER AND REASONS Before the Court are the plaintiffs’ motion to remand and defendant Chemcat Corporation’s motion to sever. For the reasons which follow, the motion to sever is DENIED, plaintiffs’ motion to remand is GRANTED. However, plaintiffs’ request for an award of attorneys’ fees and costs is DENIED. I This case arises from an alleged series of emissions of toxic pollutan...
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ORDER AND REASONS This matter is before the Court on defendants’ Motion for Partial Summary Judgment on plaintiffs’ claims for lost profits and attorney’s fees under Count I, 1 and for lost profits under Counts VI, VII and VIII, 2 of plaintiffs’ Fourth Amended Complaint. Defendants also Motion to Strike plaintiffs’ claims for punitive damages and attorney’s fees from...
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Plaintiffs, Delays Brock and Sharilyn Brock, filed the above-captioned action against Chevron Chemical Company (“Chevron”) for injuries allegedly sustained by Delays Brock on August 28, 1989, when he slipped and fell in oil or grease at Chevron's Oak Point plant near Belle Chasse, Louisiana. At the time of his alleged acci *780 dent, Mr. Brock was working as a fire-watch hand for J...
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MEMORANDUM OPINION AND ORDER Presently before the court is Defendant Union Oil Company of California’s (“Unocal”) second motion for partial summary judgment. Unocal seeks dismissal with prejudice of state law claims for intentional infliction of emotional distress and conspiracy to intentionally inflict emotional distress filed as part of the amended complaint of Plaintiff Buel L. Sauls, ...
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MEMORANDUM OPINION This case involves allegations of damaged cargo brought pursuant to the Carriage of Goods By Sea Act (“COGSA”). 46 U.S.C.App. §§ 1300 et seq. The Parties: The plaintiff, Quigley Company, Inc. (“Quigley-USA”), is a corporation organized and existing under the laws of the State of New York. Quigley-USA is the owner and consignee of a shipment of mag-...
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ORDER This Order is designed to resolve the plethora of pleadings that have raised choice of law issues in this multidistrict litigation. 1 In a case of this magnitude, in which one hundred fifty-seven claims have been filed in four federal judicial districts against two defendants that are incorporated in different states, the choice of law questions are numerous. Yet, all of ...
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MEMORANDUM OPINION AND ORDER This litigation concerns the principal sum of $390,579.48, and accrued interest thereon, deposited into the registry of the court pursuant to the court’s orders. Defendant J.B. Bonelli (Bonelli) alleges that, as a condition to setting aside a default judgment against him, he was required to deposit the funds with the clerk of this court. The court’s order of December ...
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MEMORANDUM OPINION The Court must decide whether a property owner has a right to a jury trial in an in rem civil forfeiture action instituted by the government. I On October 31, 1989, the government filed a civil forfeiture action in rem against the named property in Saginaw, Michigan. The government alleges that the property served during 1987-88 as a drug distribution center and is th...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION Plaintiff filed a claim under the Michigan Handicappers’ Civil Rights Act (MHCRA), M.C.L. §§ 37.1101-1607 (1979), 1 for injuries allegedly suffered as a result of his termination of employment. Plaintiff alleges that defendant wrongfully discharged him because of his epileptic condition. Plaintiff seeks monetary relief. Thi...
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OPINION Plaintiffs filed this action in the Circuit Court for the County of Kalamazoo, Michigan on July 27, 1989. Pursuant to Defendant’s Petition for Removal, the case was removed to the United States District Court for the Western District of Michigan on August 16, 1989. Presently before the Court is Plaintiffs’ Motion for Summary Judgment. STANDARD Motion for Summary Judgment In considering ...
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OPINION This is a hazardous waste cleanup case brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq. The matter is before the court on a motion filed by the United States (“the government”) to dismiss a counterclaim brought-by Defendant CPC International, Inc. (“CPC”), and CPC’s motion to remand the administra...
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MEMORANDUM OPINION AND ORDER This matter comes before the court on motions by defendants Mitsui Mining & Smelting Company, Ltd. (Mitsui) and Pechi-ney Ugine Kuhlmann/Trefimetaux (Pechi-ney/Trefimetaux), to dismiss the complaint filed by Gould, Inc. (Gould). The parties having fully briefed the issues, the court will rule on these motions, in part, without conducting oral argument. S...
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MEMORANDUM OPINION I. INTRODUCTION Before the Court are the parties' cross motions for summary judgment as to all counts of the plaintiffs’ complaint. To summarize, plaintiffs seek review of the Secretary of Agriculture’s practice whereby the Secretary counts as income for the purposes of determining food stamp benefits 1 reimbursement payments the plaintiffs receive for h...
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OPINION AND ORDER This matter is before the Court pursuant to the motion of Plaintiff Brookpark Entertainment, Inc. (“Brookpark”) for temporary and preliminary injunctive relief pursuant to Rule 65 of the Federal Rules of Civil Procedure. Brookpark asks for a restraining order enjoining Defendant Secretary of State Sherrod Brown (“Brown”), Ohio Department of Liquor Control Director John H...
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MEMORANDUM AND ORDER In the wake of an alleged failure on the part of defendant Lep Transport (“Lep”) to deliver a folder-gluer machine to Chicago, plaintiff Capitol Converting Equipment (“Capitol”) brought this action, asserting originally a state law breach of contract claim. Memoranda submitted by the parties in the course of a motion for partial summary judgment raised the possibility...
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MEMORANDUM OPINION This case is concluded, and counsel for the plaintiff class have submitted their final petitions for fees. They have previously received $3.13 million in interim payments. They now request an additional $5.87 million in fees and $1.15 million in interest. This opinion will consider those requests. 1 *873 i FACTUAL BACKGROUND This class ac...
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MEMORANDUM OPINION AND ORDER STATEMENT OF FACTS Plaintiffs bring this action under 42 U.S.C. § 1983, seeking injunctive and declaratory relief. Plaintiffs are signatories to nominating petitions for candidates to the Harold Washington Party (“HWP”). Those candidates were disqualified from appearing on the ballot for county-wide elections to take place November 6, 1990. Finding that the HWP ha...
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MEMORANDUM AND ORDER Seeking to prevent the construction of a 21-story apartment building in their neighborhood, plaintiffs, a condominium association and several of its members (collectively “Cornell”), have filed this action against the United States Department of Housing and Urban Development and two of its officials (collectively “HUD”), alleging that HUD’s decision to award this proj...
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*929 MEMORANDUM OPINION AND ORDER LTV Steel Company, Inc. (“LTV”) has filed its Notice of Removal (the “Notice”) to this District Court of an action originally brought in the Circuit Court of Cook County by Maria Navarro as Administrator of the Estate of Ramon Sanchez, Deceased (“Navarro”). Based on its customary initial review of the Notice and Navarro’s underlying Complaint at ...
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MEMORANDUM OPINION AND ORDER This Court’s October 23, 1990 memorandum opinion and order (the “Opinion”, 750 F.Supp. 928) remanded this action to the state court sua sponte, because the Complaint at Law filed by Maria Navarro as Administrator of the Estate of Ramon Sanchez, Deceased (“Navarro”) had not set out one of the essential components of federal diversity-of-citizenship jurisdiction...
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MEMORANDUM OPINION AND ORDER On February 6, 1990 defendant James Nicholas was indicted along with nineteen co-defendants. Nicholas was charged with conspiracy to conduct an illegal gambling business, conducting an illegal gambling business and criminal contempt of court. Nicholas was released on bail pursuant to certain conditions, the first of which was that Nicholas was not to commit a federal, ...
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MEMORANDUM OPINION AND ORDER Consolidated Rail Corporation (“Conrail”) filed an Amended Complaint against ACF Industries, Inc. (“ACF”), charging that ACF owes Conrail $29,378.47 in freight charges for the transportation of 22 empty cars owned by ACF. ACF now moves for summary judgment under Fed.R.Civ.P. (“Rule”) 56.1 For the reasons stated in this memorandum opinion and order, ACF’s motion is gra...
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MEMORANDUM OPINION AND ORDER Plaintiff, Havoco of America, Ltd. (“Ha-voco”), has filed this diversity action against defendants Hilco, Inc. (“Hilco”), Elmer C. Hill (“Hill”), and Sumitomo Shoji America, Inc. (“Sumitomo”). 1 Havoco’s complaint, as amended, consists of seven counts and alleges a variety of claims. Specifically, Havoco charges all of the defendants with conspiracy...
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ORDER This case concerns two parties involved in a franchise relationship. Plaintiff Janice Maloney, an individual d/b/a Service Medical, and Janice Maloney as Special Administrator of the Estate of James Maloney (“Service”) filed a complaint and a motion for a temporary restraining order in state court on September 28, 1990. Plaintiff sought to bar defendant Gesco International, Inc. (“G...
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ORDER Plaintiff Eneas D’Aquino alleges that defendant Citicorp/Diner’s Club Inc. discriminated against him on account of his age. Plaintiff began employment with Diner’s Club, now Citicorp/Diner’s Club Inc. (“Citi-corp”), on November 8, 1971. Plaintiff filed suit against Citicorp on February 27, 1990 alleging that, after plaintiff turned 60 years of age, he received unfavorable evaluations which ...
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ORDER The plaintiffs in this patent infringement action, Sun-Flex Company and Daca International B.V., have moved to strike an affirmative defense asserted by defendants Softview Computer Products Corp. and Robert King. In paragraph 21 of the amended answer, defendants attack the enforceability of the disputed patent on the ground that plaintiffs engaged in “inequitable conduct” before th...
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ORDER ON APPEAL OF SECRETARY’S DENIAL OF BENEFITS This social security appeal is before the Court on the complaint of the plaintiff for review of the Secretary’s denial of disability insurance benefits (DIB) under sections 216(i) and 223 of the Social Security Act (Act). 42 U.S.C. § 405(g). The issues raised have been briefed and are ready for resolution. As set forth, the Court REVERSES the Se...
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MEMORANDUM OPINION The Court, at the commencement of the trial on September 17, 1990, noted that it had very serious reservations about going forward with the hearing on plaintiff’s retaliation claims because those claims appeared to be barred as a matter of law. Nevertheless, it chose to proceed with the hearing because of its uncertainty as to the meaning and effect of the remand opinion of t...
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MEMORANDUM Plaintiff Nationwide Mutual Fire Insurance Company (Nationwide) initiated this declaratory judgment action wherein plaintiff has requested this Court to declare the rights of the parties under a certain policy of insurance with respect to fire claims made by Walter Fleming and Teresa Fleming. Defendants counterclaimed for the loss occasioned by the fire. Plaintiff’s complaint proceeded...
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ORDER In this action, plaintiffs seek declaratory and injunctive relief in equity, but not damages. Five motions are pending: 1. Plaintiffs filed a motion on January 31, 1989, seeking an order determining that this matter should be maintained as a class action. Defendants Mike Fish *1003 er and Housing Authority of Kansas City filed a memorandum in opposition on April 17...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This case was tried to the Court on April 30 and May 1, 1990. Plaintiffs were represented by Craig L. Kelley, 2580 South 90th Street, Omaha, Nebraska 68124. Defendants were represented by Assistant Attorney General Marie C. Pawol, 2115 State Capitol, Lincoln, Nebraska 68509. Having heard the testimony and evidence presented at trial, and after careful con...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Plaintiff, Jones-Hamilton Company, has brought this action pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq. Plaintiff alleges that defendants, Kop-Coat, Inc., Beazer Materials a...
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MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT I. FACTS AND PROCEDURE The above-entitled action was brought by the government in September of 1984 to enjoin the defendant, Lamar Burnett, from trespassing on unpatented mining claims in the Nez Perce National Forest. The government also seeks to have certain buildings, structures, and personal property which the defe...
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MEMORANDUM OPINION AND ORDER This is an appeal from a final decision of the Merit Systems Protection Board (Board). The issue before me is whether the plaintiff, Elsie Hodgson, has the right to trial de novo on her claim of age discrimination and harassment by the Air Force, or whether she waived that right by stipulating that the matter would be heard solely on the administrative record. Hodgs...
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MEMORANDUM OPINION AND ORDER The plaintiffs in this civil action publicly proposed adoption of a citizen initiated amendment to the Colorado Constitution by the electorate in the 1988 general election. That proposal, Amendment 6 on the ballot, was publicly opposed by the incumbent Governor, Roy Romer, and the defendant organization, Citizens for Representative Government, of which Phil Fo...
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ORDER This case is before me on Defendant, United Air Lines, Inc.’s objections to and Motion for Reconsideration of Magistrate’s Recommendation. Having reviewed the magistrate’s exhaustive and detailed analysis in support of his recommendations concerning defendant’s Motion in Limine, I conclude as follows: 1. The magistrate recommends that I deny defendant’s motion in limine which s...
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MEMORANDUM OPINION AND ORDER This is a lender liability case between a Texas lender and the guarantor of a loan to a Colorado corporation engaged in real estate development. The lender, the First Texas Service Corporation (First Texas), commenced this action against Jay C. Rou-lier, the guarantor, for judgment on Roulier’s guaranty of a loan by First Texas to the Terrace Place Corporation...
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MEMORANDUM OPINION AND ORDER Plaintiff has brought claims against certain Denver police officers, the City and County of Denver, its mayor, its manager of safety, and its chief of police. The lawsuit is in federal court because the claims include allegations that defendants have violated plaintiff’s civil rights and are thus liable for damages under 42 U.S.C. § 1983 (1988). The case is no...
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MEMORANDUM DECISION AND ORDER This matter came regularly before the court on defendant’s Motion to Dismiss or Transfer Venue. Plaintiff was represented by Brian S. King and Ronald E. Nehring. Defendant was represented by James S. Jardine and Anthony B. Quinn. The parties submitted briefs on the matter and presented oral argument after which the court took the matter under advisement. Now ...
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MEMORANDUM OPINION AND ORDER After a trial on July 18 and 19, 1990, a jury convicted defendant Robert Neil Goode of one count, under 18 U.S.C. § 894(a)(1), of using extortionate means to collect an extension of credit. On July 25, 1990, Goode moved for judgment of acquittal pursuant to Rule 29(c) of the Federal Rules of Criminal Procedure. The motion asserted, without elaboration, that “the prose...
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MEMORANDUM DECISION AND ORDER This matter is before the court on defendant Zions First National Bank’s (“Zions”) motion for summary judgment on plaintiff Lion Hill Mines’ ("Lion Hill”) claim for breach of fiduciary duty. That motion focused on the issue of proximate cause. A hearing on that motion was held October 25, 1990. Following the hearing, the court requested the parties to identif...
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ORDER Plaintiffs Thomas Hawthorne and Emory Newman, on behalf of themselves and other African-American Democrats in Alabama, claim in this lawsuit that recent changes in the way members of the State Democratic Executive Committee and members of 47 of the 67 County Democratic Executive Committees are selected must be precleared under § 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C.A. § ...
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ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT This cause is before the Court on the following: Defendant AT & T’s motion for summary judgment against plaintiff, Joseph Russell, as to Count I of plaintiff’s third amended complaint. Motion for summary judgment filed February 27, 1990 Defendant AT & T’s motion for summary judgment on Crossclaim of Columbus-McKinnon Corporation, filed February 27, 1990 ...
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ORDER THIS CAUSE comes on for consideration upon the magistrate’s report and recommendation recommending that the above styled petition be dismissed with prejudice. All parties previously have been furnished copies of the report and recommendation and have been afforded an opportunity to file objections pursuant to Section 636(b)(1), Title 28, United States Code. Upon consideration of the report a...
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ORDER This cause is before the Court on the following: 1. Motion to Dismiss Plaintiff’s Complaint and Motion to Strike Plaintiff’s Request for Attorneys’ Fees and Punitive Damages, filed April 4, 1990, by Defendant Shearson Lehman Hutton, Inc. (Hutton) 2. Response of Plaintiff Mildred Knight (Knight) To Defendant’s Motion To Dismiss, filed May 10, 1990 Defendant’s motion to...
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ORDER COMPELLING ARBITRATION This cause is before the Court on the following: Defendant Shearson Lehman Hutton, Inc.’s motion to compel arbitration of Plaintiff Bradford C. Hagerman’s Complaint and to stay this action pending the outcome of the arbitration. Defendant’s motion was filed May 10, 1989. Plaintiff’s response to Defendant Hutton’s motion to compel arbitration, filed May 24...
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ORDER THIS CAUSE is before the Court on motions to dismiss Plaintiffs’ Third Amended Complaint filed by Defendants, BARNETT BANK OF POLK COUNTY, a Florida bank and BARNETT BANKS, INC., a Florida corporation. This case involves allegations of securities fraud, RICO violations, Florida Criminal Practices Act violations, common law fraud, conspiracy and breach of fiduciary duty. Plainti...
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*1129ORDER ON MOTIONS This cause is before the Court on Defendants’ first amended motion to dismiss or stay this proceeding due to a pending state court action, and in the alternative to dismiss this proceeding against KWA Financial Corporation for want of personal jurisdiction, filed March 12, 1990; Plaintiffs response, filed March 20, 1990; Defendants’ supplement to its first amended motion to d...
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ORDER THIS CAUSE came before the Court upon the joint Motion To Dismiss filed by the Fort Lauderdale Police Department and the Fort Lauderdale Building and Zoning Department. A. Summary In Monell v. Dept. of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), the Supreme Court held that “municipalities and other local government *1132 units” are “persons” subject to lia...
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ORDER By order dated April 17, 1989, this court granted the plaintiffs motion to vacate the judgment that had been entered dismissing both her Title VII and section 1981 claims. The basis for that order was that the plaintiff was entitled to a jury trial on her section 1981 claim. Subsequent to that order the Supreme Court decided Patterson v. McLean Credit Union, 491 U.S. 164, 109 S.Ct. 2363, 105...
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MEMORANDUM AND ORDER These actions, in which issue has not yet been joined, are pending on the Court of International Trade’s (CIT) suspension calendar. Defendant moves this court for an order: (a) removing these actions from the suspension calendar, (b) granting defendant leave to file a counterclaim against plaintiff in each action, (c) precluding plaintiffs unilateral dismissal of thes...
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ORDER ON DEFENDANTS’ MOTION TO TRANSFER This is an action to enforce a covenant not to compete and to enjoin the unauthorized use of the plaintiff’s alleged trade secrets, and for damages. The plaintiff is a Massachusetts corporation which has its executive offices in Boston. The defendants are two former employees of the plaintiff’s Illinois facility. They are both residents of Illinois. They ...
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ORDER Plaintiff Guy Elliott, Sr., brings this civil action alleging that defendants deprived his son, Guy Elliott, Jr. (“Guy”), of his constitutional rights in violation of 42 U.S.C. § 1983. Plaintiff alleges that defendants are responsible for Guy's suicide while a pretrial detainee in the Cheshire County House of Corrections. Jurisdiction is based on 28 U.S.C. § 1343(a). Before the Cour...
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MEMORANDUM-DECISION AND ORDER Introduction The plaintiffs have brought this action to challenge the validity of a Town of Deer-field (“Deerfield”) zoning ordinance prohibiting the erection of dish-type and tower-type antennae on housing lots which are less than one-half acre in size. Although the complaint is somewhat inartfully drafted, it appears to the court that plaintiffs, J...
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MEMORANDUM AND ORDER This is an action filed by plaintiff, Olga Lapir, against her former employer, defendant Maimonides Medical Center (“MMC”), and her union, defendant Local 1199, Drug, Hospital and Health Care Employees Union, RWDSU, AFL-CIO, pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a). Plaintiff’s “hybrid” section 301 complaint alleges that the MM...
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Plaintiff, Ralph Heineman, brought this action against individual and corporate defendants, seeking damages for federal securities and common law fraud, violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), breach of plaintiffs employment contract, and a derivative action for waste of corporate assets. Jurisdiction was predicated on the federal law claims and diversity ...
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MEMORANDUM DECISION This is an action brought by plaintiff William Perry (“Perry”), as President of Local 6 of the International Longshoremen’s Association, AFL-CIO, an unincorporated association (“Local 6”) 1 and inter-venor plaintiff International Shipping Association (“ISA”) 2 against the defendant International Transport Workers’ Federation (“ITF”). 3 ...
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OPINION AND ORDER Plaintiff has sued defendants under Rule 10b-5, 17 C.F.R. § 240.10b-5, § 12(2) of the Securities Act of 1933, 15 U.S.C. § 77l, RICO, 18 U.S.C. § 1962, and state law based on alleged overcharges for commissions on his purchases of over-the-counter stock. Defendants have moved to dismiss, raising a host of issues including the statute of limitations, the reach of § 12(2), ...
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*1224 OPINION Hoffman Equipment, Inc. (“Hoffman”) 1 brought this action by filing a complaint for indemnification (the “Complaint”) against Clark Equipment Company (“Clark”) with regard to money paid to one Michael Polius, an individual injured by a crane manufactured by Baldwin-Lima-Hamilton Corporation (“Baldwin”). Jurisdiction is based upon diversity and appears to ...
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MEMORANDUM AND ORDER I.Introduction A. Factual Background B. Procedural Background II.CERCLA — The Superfund Act A. CERCLA’s Basic Purposes B. Application to Private Cost Recovery Suits C. Response Costs III.Discussion A. Standard of Review 1. A Motion to Dismiss Under Fed.R.Civ.P. 12 2. A Motion for Summary Judgment Under Fed.R.Civ.P. 56 ...
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OPINION Plaintiff, Robert Hamilton, brought this action against his former employer, defendant, Air Jamaica, Ltd., seeking additional severance pay under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1002 et seq., and additional vacation pay under Pennsylvania contract law. After conducting a bench trial on the merits of these claims, I find for pla...
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ORDER THIS MATTER is before the Court on a Memorandum and Recommendation, filed 24 September 1990, by United States Magistrate Paul B. Taylor. Magistrate Taylor entered the above noted Memorandum and Recommendation in response to Defendant’s Motion to Suppress filed 1 August 1990. By her Motion, Defendant seeks suppression of the following: 1) a 9mm pistol and 275 grams of crack cocaine sei...
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MEMORANDUM OPINION The government’s original 302 Count, sixty-nine-page indictment against alleged drug paraphernalia manufacturers, distributors and retailers, and their trade association represents one of the first criminal prosecutions in the nation under the Mail Order Drug Paraphernalia Act, 21 U.S.C. § 857. 1 Not surprisingly, then, this prosecution raises questions, unre...
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This case is before the Court to examine articles of the Louisiana Civil Code and its source provisions to determine whether an injured party may lawfully assign or donate a personal injury claim to another party or whether such an assignment or donation is null and void. The Court must further determine whether the injured party may be substituted as the real party in interest under Rule 17 of...
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MEMORANDUM ORDER This cause is before this Court on a complaint filed on October 1, 1987, by the plaintiff, Judy Burchfield, against the defendant, the United States of America, pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680. The complaint is for monetary compensation for personal injuries and property damage sustained by the plaintiff which were caused when...
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MEMORANDUM OPINION AND ORDER BEFORE THIS COURT came the parties for trial to the Bench on Plaintiff’s claims of patent infringement, breach of contract, fraud and tortious interference and Defendant’s counterclaims of tortious interference and patent infringement. The parties tried their suit in three days before the Court and the Court commends counsel for its diligence in narrowing the ...
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AMENDED MEMORANDUM OPINION AND ORDER Plaintiff insurers, Fireman’s Fund Insurance Companies and American Insurance Company, filed this suit for declaratory judgment against their insureds Ex-Cell-0 Corporation (“Ex-Cell-O”), McCord Gasket Corporation (“McCord”), and Davidson Rubber Company (“Davidson”) (collectively “policyholders”), 1 and two other insurers of *1343 ...
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OPINION This matter is before the Court on plaintiffs’ motion for a preliminary injunction. Plaintiffs, the American Federation of Government Employees, AFL-CIO, (“AFGE”) and its affiliates, on behalf of all AFGE bargaining unit civilian employees in the Defense Logistics Agency (“DLA”), seek an agency-wide injunction of random urinalysis drug testing. They also seek to enjoin implementation of...
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MEMORANDUM OPINION AND ORDER University of Illinois’ Board of Trustees *1376 (“U of I”) 1 seek alternative relief here — either issuance of a declaratory judgment as to the limits of an insurance policy (the “Policy”) issued to U of I by Insurance Corporation of Ireland, Ltd. (“ICI”) or reformation of the Policy to reflect the parties’ original intent. U of I now m...
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MEMORANDUM OPINION AND ORDER Kenneth Cole (“Cole”) was convicted in the Circuit Court of Cook County of murder and armed violence (based on the same occurrence). After Cole was sentenced to 28 years in prison for those crimes, both his conviction and sentence were affirmed by the Illinois Appellate Court (People v. Cole, 170 Ill.App.3d 912, 120 Ill.Dec. 744, 524 N.E.2d 926 (1st Dist.1988)), and hi...
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MEMORANDUM OPINION AND ORDER Susanne Littlefield, who is white, sued Malcolm McGuffey for refusing to rent an apartment to her and for harassing and intimidating her because she has a black boyfriend. She sued for violation of the civil rights laws and the Fair Housing Act under 42 U.S.C. §§ 1982, 3604, 3613, and 3617 and for intentional infliction of emotional distress under Illinois com...
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MEMORANDUM AND ORDER I. INTRODUCTION. THIS CAUSE comes before the court on the following motions filed in City of Tenakee Springs v. Clough (No. J86-024 Civ.): 1 the motion to amend complaint filed January 8, 1990 (Docket No. 144) by plaintiffs City of Tenakee Springs et al.; plaintiffs’ motion for leave to file a second amended complaint filed February 2, 1990 ...
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MEMORANDUM AND ORDER THIS CAUSE comes before the court on the motion for preliminary injunction filed by plaintiffs Hanlon et al. in Hanlon v. Barton, No. J86-024 Civ. (consolidated) on March 6, 1990 (Docket No. 50), on the Hanlon plaintiffs’ motions to supplement filed May 18, 1990 (Docket No. 219), and on the Hanlon plaintiffs’ renewed motion to expedite filed July 5, 1990. I. Motion...
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MEMORANDUM OPINION AND ORDER Before me are defense motions to dismiss counts, to require the government to make an election, to strike language from the Indictment, and for separate trials. Following hearing, I took the motions under advisement. Below is my ruling on those motions. On January 26, 1990, twelve defendants in this case were indicted in the District of Colorado on fifty-...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING LIABILITY TRIAL INVOLVING USPCI I. INTRODUCTION On April 23, 1990, the Liability Phase of this case came on for trial pursuant to this Court’s January 29, 1990, scheduling order. 1 Only one defendant, United States Pollution Control, Inc. ("USPCI”), proceeded to trial. All other defendants either stipulated to liability, ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REMEDY SELECTION PHASE I. INTRODUCTION This Order arises from the trial of a bifurcated portion of a CERCLA 1 case. The trial involved the selection of a remedy for the cleanup of toxic wastes at the Hard-age Superfund Site (“Hardage Site”), a closed industrial waste disposal site located near the town of Criner, Oklahoma. The pa...
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ORDER DENYING MOTION FOR SUMMARY JUDGMENT This cause is before the court on the motion for summary judgment of Defendant Michael Ciolino, and Plaintiff’s response thereto. *1560Plaintiff claims that he was deprived of his civil rights pursuant to 42 U.S.C. § 1983 when he was shot by a deputy sheriff of the Lee County Sheriff Office during an investigatory stop by the deputy. This circuit clearly h...
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ORDER GRANTING MOTION FOR SUMMARY JUDGMENT This cause is before the court on the motions for summary judgment filed by Defendants Lee County, the Lee County Sheriff Office, and Sheriff Frank N. Wanic-ka, individually and in his official capacity, and Plaintiff’s response thereto. Plaintiff claims that he was injured and deprived of his civil rights as a result of a policy that the De...
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MEMORANDUM OPINION AND ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT THIS CAUSE has come before the court upon cross-motions for summary judgment filed by the parties. Pursuant to Fed.R. Civ.P. 56, the plaintiffs, Thelma Gibson, Catherine H. Fahringer and the law firm of Bailey Gerstein Carhart Rashkind Dresnick & Rippingille moved for entry of judgment in their favor on Count I of t...
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MEMORANDUM OPINION ORDER ADOPTING AND AFFIRMING MAGISTRATE’S REPORT AND RECOMMENDATION DENYING DEFENDANT’S MOTION TO STAY ALL PROCEEDINGS PENDING ARBITRATION AND/OR MOTION TO DISMISS THIS CAUSE comes before the Court upon Magistrate William C. Turnoff’s Report and Recommendation denying Defen *1576 dant’s Motion to Stay all proceedings relating to the tortious interferen...
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