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All Reporters → us-dist-lexis → Volume 1999

Opinions in us-dist-lexis Volume 1999

MEMORANDUM ORDER On January 28, 1998, plaintiffs brought this maritime action seeking recovery for defendants’ alleged conversion, misdelivery and/or nondelivery of five shipments of merchandise delivered on three occasions to defendants in Hong Kong for transport to Brazil. Defendant DSR-Senator Lines GMBH (“DSR”) thereafter filed a third-party complaint seeking contribution and inde...
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*601 MEMORANDUM DECISION Defendant Kaydon Corporation (“Kay-don”) moves for reargument of its motion for summary judgment, which I granted in part and denied in part as set forth in my Opinion dated October 13,1998. See Lippe v. Bairnco Corp., 225 B.R. 846 (S.D.N.Y.1998). Alternatively, Kaydon seeks an order pursuant to 28 U.S.C. § 1292(b) certifying certain of my ...
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OPINION AND ORDER Plaintiffs bring this diversity action against a number of different defendants alleging improper breaches of a letter of credit and a series of underlying agreements. Plaintiffs were the first beneficiary to a letter of credit. In the causes of action relevant to the present motion, they complain principally that their sub-contractor wrongfully obtained money under ...
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OPINION AND ORDER Plaintiff brings this action based on an alleged assault upon her on a Metro-North Commuter Railroad (“Metro-North”) train while traveling to her job at the Metro-North office in Grand Central Terminal in New York City. Plaintiff avers claims under 42 U.S.C. § 1983, the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51, et seq., and pursuant to st...
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OPINION & ORDER Background The complete history of this case is found in Tri-Star Pictures, Inc. v. Unger, 14 F.Supp.2d. 339 (S.D.N.Y.1998); therefore, only those facts needed to resolve the present motion are set forth herein. Plaintiffs, Columbia Pictures Industries, Inc. (“Columbia”) and Academy Pictures A.G. (“Academy”) (collectively, “Plaintiffs”) brought...
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Memorandum Opinion BACKGROUND On February 10, 1997, pro se prisoner plaintiff Andrew Harris (“Harris”) filed a civil complaint under 42 U.S.C. § 1983, alleging that the defendants, two prison officers at Green Haven Correctional Facility in the State of New York, severely beat him in violation of his Eighth Amendment constitutional right against cruel and unusual punishment. Plaintiff fur...
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RULING This case requires the Court to determine whether federal law preempts a state law which governs the conduct of railroads transporting hazardous materials. Specifically, the Court must determine whether Louisiana Revised Statutes 32:151o 1 is preempted by *378 the Federal Railroad Safety Act (FRSA) 2 and/or the Hazardous Materials Transportation A...
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31 F. Supp. 2d 241 (1999) George E. CHAPDELAINE v. UNITED STATES of America. C.A. No. 97-160-T. United States District Court, D. Rhode Island. January 5, 1999. *242 Robert B. Mann, Mann & Mitchell, Providence, RI, for plaintiff. James H. Leavey, Asst. U.S. Attorney, United States Attorney's Office, Providence, RI, for defendant. MEMORANDUM AND ORDER TORRES, District Judge. Pursuant to 28 U.S...
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MEMORANDUM AND ORDER Although this court’s November 3, 1998 Opinion and Order denying Mr. Giordano’s § 2255 application closed with the words, “A certificate of appealability is not warranted because the petition is clearly without merit. So ordered.”, the Court of Appeals has dismissed Mr. Giordano’s November 12, 1998 Notice of Appeal, stating that “the file of the proceedings...
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MEMORANDUM AND ORDER Plaintiff Robert Olender brings this action under 42 U.S.C. §§ 1983 and 1986 against the Township of Bensalem, Bensalem Police Captain Jack Robinson, and Bensalem Police Detectives David. Rouland, Timothy Carroll, and John Knowles. Olender alleges violations of his rights under Article IV of the Constitution, and the First, Fourth, Fifth, Sixth and Fourteenth Amendmen...
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31 F. Supp. 2d 469 (1999) UNITED STATES of America, v. Awilda ORTIZ, Defendant. Criminal Action No. 98-371-3. United States District Court, E.D. Pennsylvania. January 6, 1999. *470 Dina A. Keever, U.S. Attorney's Office, Philadelphia, PA, for plaintiff. Luis Ortiz, Defenders' Association, Philadelphia, PA, for defendant. MEMORANDUM & ORDER KATZ, District Judge. The defendant Awilda Ortiz ple...
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MEMORANDUM OPINION AND ORDER The defendant, R.J. Reynolds Tobacco Company (“RJR”), has moved the Court [Record No. 40] for summary judgment. The plaintiff has responded [Record No. 42], to which the defendant has replied [Record No. 44]. This matter is now ripe for decision. The following are the pertinent facts. Plaintiff is a retail tobacco outlet owned by David Marcum and loca...
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31 F. Supp. 2d 1131 (1999) Jamie BLAS, Plaintiff, v. Jeffrey ENDICOTT, Richard Schnieder, Capt. Tim Douma, Lt. Karen Radtke, Co. Pulver, Colleen James, Defendants. No. 97-C-1109. United States District Court, E.D. Wisconsin. January 4, 1999. Jamie Blas, Portage, WI, plaintiff pro se. James E. Doyle, Jr., John J. Glinski, Wisconsin Department of Justice, Office of the Attorney General, Madison, WI...
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*297 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND NOW, this 6th day of January, 1999, after an evidentiary hearing, the court makes the following findings of fact and conclusions of law: FINDINGS OF FACT: On August 1, 1991, a grand jury returned an indictment against Reginald Reaves and co-conspirators charging them with distribution and conspiracy to distribute cocaine and other offen...
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ORDER GRANTING MOTION TO PUBLISH On November 9, 1998, Plaintiff filed a Motion To Publish this court’s Opinion and Order dated September 16,1998 which remanded the Plaintiffs action seeking Extended Family Visits to the Defendants for further consideration. A copy of Plaintiffs Motion To Publish was served upon counsel for the Defendants and no objection to Plaintiffs Motion To Publish was fi...
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ORDER On December 17, 1998, Defendant Marie E. Powers, as Independent Administrator of the Estate of Art Boyle, filed an Amended Motion for Summary Judgment as to Count VII of Plaintiff’s Second Amended Complaint (# 139). Powers’ Amended Motion for Summary Judgment (# 139) is DENIED. FACTS Plaintiff, Jerry Deon Owens, filed his Amended Complaint against Defendants in October 1994. Count VII...
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31 F. Supp. 2d 524 (1999) Shaker HAMMAD, v. TATE ACCESS FLOORS, INC. Civil No. CCB-98-409. United States District Court, D. Maryland. January 6, 1999. Arthur M. Rubenstein, Baltimore, MD, for Plaintiff. *525 Richard J. Hafets, Larry R. Seegull, Piper & Marbury, Baltimore, MD, for Defendant. MEMORANDUM BLAKE, District Judge. Now pending before the court is the defendant's motion to dismiss th...
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31 F. Supp. 2d 529 (1999) UNITED STATES of America v. Shahram GRANMAYEH. No. CRIM. S 95-0452. United States District Court, D. Maryland. January 7, 1999. Larry A. Nathans, Law Office, Baltimore, MD, for defendant. Harvey Ellis Eisenberg, U.S. Attorney's Office, Baltimore, MD, for U.S. MEMORANDUM OPINION SMALKIN, District Judge. The Court has considered the petitioner's "Petition to Vacate Convic...
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MEMORANDUM OF DECISION AND ORDER This action arises out of the plaintiffs 24-day suspension from employment at the Town of Hempstead Department of Sanitation as a result of having failed a random drug test, which he alleges was bungled. The plaintiff raises procedural and substantive due process claims under 42 U.S.C. § 1983, as well as state law claims for negligence and malpractice,...
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MEMORANDUM OPINION AND ORDER Before the court is (1) defendant The Prudential Insurance Company of America’s motion to strike plaintiff Barbara Glutzer’s cross-motion for summary judgment; (2) defendant’s motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(c); (3) plaintiffs cross-motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(c); and (4) plain...
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ORDER AND OPINION This matter comes before the Court on (1) Domestic Industries, Inc.’s (DIC) and Joseph Santoro’s motion for summary judgment, (2) the United States’ Motion for Summary Judgment on the False Claims Act (FCA) claims, and its Motion for Summary Judgment on the Resource Conservation Recovery Act (RCRA) claims (as to Domestic Industries of Virginia, Inc. (DIVI) only), and...
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MEMORANDUM AND ORDER The plaintiff in this case, Irma Rivera, sued her former employer, Baccarat, Inc. (“Baccarat”), alleging that it had terminated her from her job as a salesperson on the basis of her age and national origin. After trial, a jury rejected Ms. Rivera’s age discrimination claim but awarded her compensatory and punitive damages on the ground that she had been discharged...
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MEMORANDUM As a result of David G. Weisenthal’s brief visit to Cuba in March of 1997, he returned to Philadelphia with gifts of Cuban products having a value in Cuba of less than one hundred dollars. Believing that these tobacco and other trinkets violated the American embargo against importing Cuban products, the United States Customs Service on April 18,1997 seized all of these goods. 1 ...
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31 F. Supp. 2d 403 (1999) Gibbon W. FARQUHARSON, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. Civ.A. 98-4000(MTB). United States District Court, D. New Jersey. January 6, 1999. *404 Gibbon W. Farquharson, Newton, NJ, pro se. Daniel J. Gibbons, Assistant U.S. Attorney, United States Attorney's Office, Newark, NJ, for Respondent. OPINION BARRY, District Judge. Petitioner,...
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33 F. Supp. 2d 1174 (1999) Roger DAUGHTRY, Plaintiff, v. UNION CENTRAL LIFE INSURANCE COMPANY; Union Pacific Railroad, Defendants. Union Central Life Insurance Company, Counterclaimant, v. Roger Daughtry, Counterdefendant. No. CIV 97-2102 PHX PGR. United States District Court, D. Arizona. January 7, 1999. Stuart J. Reilly, Phoenix, AZ, for plaintiff. William M. Demlong, Bess, Kunz, Phoenix, AZ, f...
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DECISION AND ORDER On May 3,1996, an employee of defendant Shop-Rite, Inc. (doing business as “Pick ‘N Save Warehouse Foods”), improperly weighed and labeled T-bone steaks. Plaintiff Terrance A. Treuer, a co-employee, did not report this error to the employer. As a result, Shop-Rite fired Treuer. Until his discharge, Treuer had been employed for about ten years as a meat-cutter at Sho...
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ORDER Pending before the Court is the plaintiffs’ motion to remand this action to the Circuit Court of Wood County, West Virginia. The plaintiffs, Charlotte Judy Sayre and Stewart Sayre, contend that because the amount in controversy does not exceed $75,000, the Court does not have subject matter jurisdiction over the case pursuant to 28 U.S.C. §§ 1332, 1441(a). The defendants, Cherringto...
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31 F. Supp. 2d 1321 (1999) Denise MADSEN, Plaintiff, v. WYOMING RIVER TRIPS, INC., a Wyoming corporation, Defendant, v. Bruce Madsen, Counterclaim Defendant. No. 98-CV-116-B. United States District Court, D. Wyoming. January 4, 1999. *1322 Terry W. Mackey, Cheyenne, WY, for Plaintiff. Eric Peterson, Marty Barnett, White & Steele, P.C., Denver, CO, for Defendant. Terry W. Mackey, Cheyenne, WY,...
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DECISION AND ORDER I. FACTUAL AND PROCEDURAL BACKGROUND Lake Geneva Sugar Shack, Inc. (“Sugar Shack”) is a Wisconsin corporation that operates the Sugar Shack nightclub in Lake Geneva, Wisconsin. Dana Montana was the sole shareholder and principal officer of the corporation. 1 Defendant General Star Indemnity Co. (“Genstar”) is a Connecticut based insurance company. In...
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RESPONSE TO REQUEST FOR ADVICE AND INSTRUCTIONS MERZ, United States Magistrate Judge. This case is before the Court on the Application of Notary Public Tina M. Shell for Advice and Instructions, filed January 7, 1999. This Court was last confronted with a similar request in 1986 in Thompson v. Preble County, C-3-86-159. At that time I wrote: I am aware of the practice of requesting advice on dispu...
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MEMORANDUM OPINION AND ORDER At issue before the court are Employers Insurance Company of Wausau’s Motions to Quash the Subpoenas Duces Tecum that MSBAIT served on CNA and Aon. BACKGROUND Plaintiff, Minnesota School Board Association Insurance Trust (“MSBAIT”) and Defendant, Employers Insurance Company of Wausau (“Wausau”) are engaged in an insurance coverage dispute in federal court in Minne...
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ORDER I. INTRODUCTION Invoking 42 U.S.C. §§ 1981, 1983 and 2000(d) (“Title VI”), plaintiffs Michael C. Wooden, et ah, constitutionally challenge alleged racial discrimination within Georgia’s University System. They insist that the defendant Board of Regents of the University System of Georgia (the Board) and co-defendant Dr. Stephen R. Portch have utilized a racially dis...
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31 F. Supp. 2d 644 (1999) Gwendolyn BUCHANAN and Georgia Hamberlin, Plaintiffs, v. TOWER AUTOMOTIVE, INC., Tower Automotive Products Company, and A.O. Smith Corporation, Defendants. Nos. 97-C-925, 97-C-926, 97-C-1182 and 97-C-1192. United States District Court, E.D. Wisconsin. January 8, 1999. *645 F. Thomas Olson, Hall Charne Burce & Olson, Milwaukee, WI, for Plaintiffs. Shelly A. Ranus, Tim...
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OPINION In this case, defendant Harvey B. Baum, a criminal defense attorney, is charged with conspiracy, obstruction of justice, false statements, and perjury. The government contends that Baum and his investigator, defendant Guillermo Yasquez, attempted to deceive the government into filing a Rule 35 motion on behalf of an individual who had been sentenced to 20 years imprisonment fo...
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Memorandum Opinion BACKGROUND On April 6, 1995, pro se prisoner petitioner Michael Harden (“Harden”) filed a petition for writ for habeas corpus pursuant to 28 U.S.C. § 2254, alleging that he was being held in custody in violation of the Constitution and federal law. Plaintiff challenges his incarceration on the grounds that: (1) the indictment was not jurisdictionally or statutorily well...
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*240 MEMORANDUM OPINION Plaintiffs John Gray, Nancy Gray, and Thomas Gray filed this action against defendant Gerald P. Hirsch and several business entities he controlled (the “Hirsch entities”). The Grays claim that Mr. Hirsch fraudulently induced them to purchase unregistered securities, in violation of federal statutes, state statutes, and state common law. The presen...
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OPINION ON BILL OF COSTS Presently before the Court is the bill of costs filed by plaintiff Fitzroy Gardiner (“Gardiner”). I. FACTUAL AND PROCEDURAL BACKGROUND This bill of costs is the last piece to be fit into a puzzle of litigation which began back in 1990 when Gardiner filed a complaint for breach of contract against defendant Virgin Islands Water and Power Authority...
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MEMORANDUM AND ORDER The plaintiffs, an opt-in class of fourteen current and former employees of defendant Resources for Human Development, Inc. (RHD), claim that RHD underpays its employees for overtime because it does not include bonuses and its contributions to the employees’ benefit plan in the employees’ regular pay rate as required by the Fair Labor Standards Act (the FLSA). Before the ...
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RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This matter is before the Court on defendant’s motion for summary judgment. For reasons which follow, the motion for summary judgment is granted. FACTS AND PROCEDURAL HISTORY The plaintiff, Richard L. Whittaker, was employed by BellSouth Telecommunications, Inc. (“BST”). This suit arises out of a denial of the plaintiffs applicat...
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MEMORANDUM AND ORDER This is an application for attorneys’ fees under Chapter 93A of the Massachusetts General Laws. I. BACKGROUND United Companies Lending Corporation (“United”) makes, sells, and services first lien residential mortgage loans that are used primarily for debt consolidation, home improvement, or major household purchases. In 1995, Daisy F. Sargeant (“Sargeant”) obtained a ...
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RULING ON DEFENDANTS’ MOTION TO DISMISS This matter is before the Court on a Rule 12(b)(6) motion to dismiss filed by the individual members 1 of the Ascension Parish Planning and Zoning Commission (“Planning Commission”). These defendants seek dismissal of the claims against them for the actions brought against them in their individual capacities on the basis of immunity and/o...
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MEMORANDUM OPINION AND ORDER Mutulu Shakur and Marilyn Jean Buck petition this Court, pursuant to 28 U.S.C. § 2255, for a writ of habeas corpus setting aside their prior conviction, and under Rule 33, Fed.R.Crim.P., for a new trial. Petitioners couple these demands with a request for an evidentiary hearing. The government resists Shakur’s and Buck’s petitions in their entirety and ask...
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*283 OPINION & ORDER This is a pro se action for sexual harassment and employment discrimination brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., the New York State Human Rights Law (“HRL”), N.Y. Exec. Law § 296, and the New York City Human Rights Law (“NYCHRL”), N.Y.C. Admin. Code, § 8-107. The federal claims against...
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MEMORANDUM OPINION I Currently pending before the Court are Defendant’s Motion to Dismiss and Plaintiffs Motion for Summary Judgment. A hearing was held in open court on these motions on January 11, 1999. For the reasons stated on the record, and for reasons that will follow, the Court will grant Defendant’s Motion and deny Plaintiffs Motion. II On January 31, 1977, Plainti...
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MEMORANDUM OF DECISION AND ORDER I. BACKGROUND On July 3, 1997 Denise Petroleum Inc. (“Denise Petroleum”) and DGN Petroleum Corp. (“DGN”) (collectively, the “plaintiffs”) commenced this action pursuant to the Petroleum Marketing Practices Act (“PMPA”) 15 U.S.C. § 2801 et seq. against Ocean Petroleum, Inc. (“Ocean”), the Coastal Corporation (“Coastal Corp.”) and Coastal...
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OPINION Plaintiffs in this action brought pursuant to 42 U.S.C. § 1983 allege that the New York County District Attorney controls the assignment of judges to try “high-profile” criminal cases in New York County and that that practice violates plaintiffs’ right to due process of law, since, they allege, the D.A. selects jurists who “strongly” favor the prosecution. As set forth below, ...
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MEMORANDUM Plaintiff Equal Employment Opportunity Commission instituted this action against Defendant World Savings and Loan Association, Inc. (“WSLA”), for general injunctive relief for alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and also for the benefit of two former WSLA employees, Ziad George Khoury and Brian A. Shulman, on wh...
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ORDER GRANTING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT Plaintiffs bring this suit under the Outer Continental Shelf Lands Act, 43 U.S.C. § 1331 et seq. (“OCSLA”). Plaintiffs were killed on November 28, 1996, when the helicopter in which they were riding crashed while attempting to land on an offshore platform in the Gulf of Mexico. Plaintiff Kay Williamson filed thi...
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DECISION AND ORDER Plaintiff, Harold M. MacMillan, commenced this action against defendants Provident Mutual Life Insurance Company (“Provident”)" and UNUM Life Insurance Company of America (“UNUM”) under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq. During his previous employment with Provident, plaintiff was covered by a long-term disabil...
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*578 MEMORANDUM Plaintiff United Food and Commercial Workers Union, Local 72, along with several of its members — Carol A. Backes, Ken Karasek, and John Chineóla — has brought this civil rights action under 42 U.S.C. § 1988 against defendant Borough of Dun-more (Borough), along with various Borough officials and police officers, asserting that the Borough had unlawfully arrested ...
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41 F. Supp. 2d 678 (1999) Vivian HOLLAND, Morse W. Holland, Individually and as Representatives of the Estate of Morse Wayne Holland, and Angela Scott, as Next Friend of Xavier Christopher Scott, Plaintiffs, v. CITY OF HOUSTON, David M. Boling, Individually and in his Official Capacity, and Lucious Carl James, Individually and d/b/a/ Cue Club and Disco, Defendants. Civil Action No. H-96-2951. Uni...
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*644MEMORANDUM OPINION AND ORDER REGARDING MOTIONS IN LIMINE 644 I. INTRODUCTION.................................... II. LEGAL ANALYSIS .................................. 645 A. The “Non-Assistance” Incident...................... 645 B. “After-Acquired Evidence” of Application Misconduct.. 647 C. Availability Of The “After-Acquired Evidence” Defense 648 1. “After-acquired evidence” as an affirmat...
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MEMORANDUM OF DECISION AND ORDER The plaintiff pro se, Gregory Warren (the “plaintiff’ or of “Warren”), instituted the present action pursuant to 42 U.S.C. § 1983 (“Section 1983”). The basis of the plaintiffs complaint is that his criminal prosecution and/or conviction, in County Court, Nassau County, for various drug-related crimes, was predicated on a conspiracy between t...
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MEMORANDUM OF DECISION AND ORDER In a Memorandum of Decision and Order dated March 21, 1998, this Court dismissed the plaintiffs’ first amended complaint pursuant to Fed.R.Civ.P. 8, without prejudice and with leave to file a second amended complaint, after finding that the first amended complaint was “prolix, confusing and argumentative.” At issue are motions by the defendants Ci...
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MEMORANDUM OPINION AND ORDER The court is again presented with the ongoing family dispute among the three Stein brothers, who are in the business of manufacturing and selling commercial popcorn and nacho chip warmers. Stuart Stein is the president, and Andrew Stein is the vice-president of the plaintiff company, Stein Industries, Inc. (“Stein” or “plaintiff”). Jeffrey Stein, formerly ...
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31 F. Supp. 2d 1108 (1999) Martha E. RUDOLPH, Plaintiff, v. Robert E. RUBIN, Secretary of the Treasury, Defendant. No. IP 97-1814 C M/S. United States District Court, S.D. Indiana, Indianapolis Division. January 12, 1999. *1109 Roger P. Ralph, Ricos & Price, Indianapolis, IN, for plaintiff. Tim A. Baker, Asst. U.S. Attorney, Office of the United States Attorney, Indianapolis, IN, for defendan...
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31 F. Supp. 2d 1069 (1999) Thaddeus W. EDWARDS Jr., etc., Plaintiff, v. Officer Angela THOMAS, et al., Defendants. No. 96 C 8203. United States District Court, N.D. Illinois, Eastern Division. January 7, 1999. *1070 Andrew Kopon, Jr., Kopon, Shaughnessy & Spina, Chicago, IL, for Plaintiff. *1071 Brendan S. Power, Chicago Housing Authority, Chicago, IL, for Defendant. MEMORANDUM OPINION AND O...
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31 F.Supp.2d 1077 (1999) Gwendolyn ROSS, Plaintiff, v. COMMERCIAL FINANCIAL SERVICES, INC., and Securitized Multiple Asset Rated Trust 1997-6, Defendants. No. 98 C 5049. United States District Court, N.D. Illinois, Eastern Division. January 8, 1999. *1078 Cathleen M. Combs, Daniel A. Edelman, James O. Latturner, Sheila A. O'Laughlin, Edelman & Combs, Chicago, IL, for Gwendolyn Ross, plaintiff...
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MEMORANDUM OPINION AND ORDER Plaintiffs John A Garner (“Gamer”) and Steven G. Grant (“Grant”) (collectively “Plaintiffs”) filed a seven-count Amended Class Action Complaint (“Amended Complaint”) against Defendants Denis J. Healy, Sondra Hirsch Healy, Matthew Broderick, Turtle Wax, Inc., Sheldon G. Adelman, Michael Turk, Pam Carestía, Brian V. Sokol, Blue Coral, Inc., n/k/a Blue Coral/Slick 50, ...
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MEMORANDUM OPINION AND ORDER At issue before the court is Plaintiff ConAgra Inc.’s (“ConAgra”) Renewed Motion to Compel discovery of certain documents withheld from production 1 by Defendant Arkwright Mutual Insurance Company (“Arkwright”). 2 For the reasons stated below, Plaintiffs Motion is granted. FACTUAL BACKGROUND ConAgra alleges that pursuant to a proposal presented to ConAgr...
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MEMORANDUM AND ORDER Plaintiffs Cumberland Packing Corporation and Stadt Corporation (collectively “plaintiff’) brought this action claiming trademark and trade dress infringement, trademark dilution, and false advertisement against defendants Monsanto Company, The NutraSweet Company, The NutraSweet Kelco Company, and Olympia Industries, Inc., (collectively “defendant”), pursuant to 15 U....
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33 F.Supp.2d 631 (1999) UNITED STATES of America, Plaintiff-Respondent, v. Vincent EDWARDS, Defendant-Petitioner. No. 1:88-CR-199. United States District Court, N.D. Ohio, Eastern Division. January 6, 1999. *632 Ronald Bakeman, U.S. Atty., Cleveland, OH, for Plaintiff. Kent Minshall, Cleveland, OH, for Defendant. OPINION AND ORDER GWIN, District Judge. On May 27, 1998, Defendant-petitioner Vince...
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MEMORANDUM AND ORDER The plaintiff, Marybeth McCabe (McCabe), brought an action against her insurer, defendant State Farm Mutual Automobile Insurance Company (State Farm), for damages arising out of the alleged mishandling of an insurance claim. The parties have filed cross motions, State Farm for summary judgment and McCabe for partial summary judgment. I. Background On Mar...
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33 F.Supp.2d 523 (1999) SHELL OIL COMPANY v. ICI AMERICAS, INC. and P.E.T. Processors, L.L.C. (f/k/a/ P.E.T.Processors, Inc.) No. CIV. A. 97-3526. United States District Court, E.D. Louisiana. January 11, 1999. William Forrester Jr., Lemle & Kelleher, New Orleans, LA, Kimberley L. Muller, Houston, TX, Edmund J. Sease, Jeffrey D. Harty, Des Moines, IA, for Plaintiff. Danny Gerald Shaw, Paul Le...
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31 F. Supp. 2d 1082 (1999) LAKESIDE FEEDERS, LTD., Plaintiff, v. CHICAGO MEAT PROCESSORS, INC., Defendant. Neat, Inc., Claimant, Chicago Meat Processors, Inc., Counter-Claimant, v. Lakeside Feeders, Ltd., Counter-Defendant. No. 95 C 3655. United States District Court, N.D. Illinois, Eastern Division. January 8, 1999. Sherwin D. Abrams, Terry G. Chapman, Abrams & Chapman, Chicago, IL, for Lake...
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ORDER On July 10, 1998, Defendant was charged by indictment with two counts of bank robbery, and one count of possession of a firearm by a felon. On September 21, 1998, Defendant pled guilty to all three charges. This matter is now before the court for sentencing. After careful consideration of the Federal Sentencing Guidelines, the case law, and Defendant’s argument regarding his sen...
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' MEMORANDUM This is an action under the Individuals with Disabilities Education Act, (“IDEA”), 20 U.S.C. § 1400 et seq. Plaintiffs allege that the Worcester County Board of Education (“WCBE”) violated the IDEA in failing to provide their child Andrew with a “free appropriate public education” during the 1996-97 school year and they seek reimbursement for the costs of private s...
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OPINION AND ORDER On May 19,1998, Robert Carucci, formerly a floor broker at the New York Stock Exchange, pleaded guilty to knowingly engaging in unlawful securities trading in violation of the rules of the Exchange (and of the Securities and Exchange Commission) over a period of more than four years between 1993 and early 1998. Prior to sentencing, Carucci moved for a downward departure unde...
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MEMORANDUM Jennifer Francis brought this action against her employer, the Board of School *319 Commissioners of Baltimore City (“the Board"), and her former supervisor, Craig Richburg, 1 alleging sexual harassment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. and battery under Maryland law. Pending before the Court ...
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33 F. Supp. 2d 400 (1999) NALPAC LTD. v. NATIONAL MEDIA GROUP d/b/a National Media Corporation, v. Soft Screen Industries, Inc. No. CIV.A. 98-2625. United States District Court, E.D. Pennsylvania. January 14, 1999. *401 Frank G. Murphy, Fox, Rothschild, Obrien & Frankel, LLP, Philadelphia, PA, Julie Ann La Forge, Kahn & Freeman, PA, Phoenix, AZ, for Nalpac Ltd. Cynthia A. Clark, Michael K...
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31 F. Supp. 2d 1347 (1999) Robert F. DILLA, Hale P. Lane, Jr., and Dennis J. Eason, Plaintiffs, v. Togo D. WEST, Jr., Department of the Army, Secretary of the Army, Defendant. No. Civ.A. 97-T-1003-N. United States District Court, M.D. Alabama, Northern Division. January 11, 1999. Carlyle R. Hatfield, Jess Smethers, Oklahoma City, OK, for Plaintiffs. Brian C. Corneilson, U.S. Army Litigation Divis...
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MEMORANDUM OPINION AND ORDER DENYING DEFENDANT’S AMENDED AND SUPPLEMENTAL MOTION TO SUPPRESS THE FRUITS OF A STATE SEARCH WARRANT AND DENYING DEFENDANT’S MOTION TO QUASH WARRANTS OF 12/23/96 AND 1/15/97, SUPPRESS EVIDENCE, DISMISS THE INDICTMENT, AND/OR DISMISS COUNTS I THROUGH IX, COUNT XII, AND COUNTS XVI THROUGH XVIII OF THE FIRST SUPERSEDING INDICTMENT Presently before the Court is defendan...
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33 F.Supp.2d 469 (1999) Ayodeji O. DEMUREN, Moustafa R. Moustafa, Due Thai Nguyen, and Ramamurthy Prabhakaran, Plaintiffs, v. OLD DOMINION UNIVERSITY, Ernest J. Cross, Jr., William Stanley, Jo Ann Gora, William A. Drewry, and Robert L. Ash, Defendants. No. 2:98cv479. United States District Court, E.D. Virginia, Norfolk Division. January 12, 1999. *470 *471 *472 *473 Thomas F. Hennessy, III, SuAnn...
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MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF/COUNTER-DEFENDANT CNA INSURANCE COMPANY’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT/COUNTER-PLAINTIFF ALLSTATE INSURANCE COMPANY’S MOTION FOR SUMMARY JUDGMENT Pi'esently before the court are the parties’ cross motions for summary judgment. On November 12, 1998, plaintiff/counter-defendant CNA Insurance Company (hereinafter “plaintiff...
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33 F. Supp. 2d 585 (1999) Jacqueline R. WALKER and Kevin R. Franklyn, Plaintiff, v. MICHAEL W. COLTON TRUST, Michael W. Colton, P.C., Michael W. Colton, Melvin Rosen, and Edy's Carpet Heating & Cooling, Defendants. No. CIV. 98-40315. United States District Court, E.D. Michigan, Southern Division. January 13, 1999. *586 Jacqueline R. Walker, Detroit, MI, pro se, Carl L. Collins, III, Detroit, ...
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MEMORANDUM OPINION AND ORDER Before the court is defendants Calumet City and Jerry Genova’s motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). For the reasons that follow, the court denies defendants’ motion for judgment on the pleadings. I. BACKGROUND The complaint alleges the following facts which, for the purposes of ruling on this motion are taken as tru...
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33 F. Supp. 2d 78 (1999) Jamie E. SOMES, as executrix of the estate of Steven P. Somes Plaintiff, v. UNITED AIRLINES, INC. Defendants. No. 98-CV-10183-MEL. United States District Court, D. Massachusetts. January 11, 1999. *79 John C. Sikorski, Ronald C. Kidd, Robinson, Donovan, Madden & Barry, Paul S. Weinberg, Robinson, Donovan, Madden & Barry, Springfield, MA, for Plaintiff. *80 Peter J...
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MEMORANDUM Plaintiff Labrador Software, Inc. seeks a preliminary injunction to prevent Defendant Lycos, Inc. from using the image of a black Labrador dog called “Lycos” to advertise Defendant’s internet search engine. I. Facts Plaintiff Labrador Software, Inc. developed and recently began marketing a purportedly cutting-edge system that retrieves information from corporate intranets. Pl...
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MEMORANDUM AND ORDER ON BULL HN’S MOTION FOR LEAVE TO AMEND OR FOR RECONSIDERATION (# 17) I. Introduction On July 24, 1998, I allowed defendant Charles J. Hutson’s (herein “Hutson”) motion to dismiss for lack of subject matter jurisdiction after determining that the minimum amount in controversy to support diversity jurisdiction had not been met in plaintiff Bull HN Information Systems Inc.’s...
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DECISION AND ORDER This matter comes before the Court on James Luedtke’s (“Luedtke”) objections to *1075 the Recommendation of Magistrate Judge Aaron E. Goodstein denying his petition to proceed in forma pauperis (“IFP”) in connection with his prisoner civil rights action and dismissing the case. The Recommendation is adopted for the following reasons. I Luedtke is a serial litigator. H...
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31 F. Supp. 2d 1151 (1999) Charles W. BROOKS, Plaintiff, v. CENTRAL ARKANSAS NURSING CENTER, Defendant. No. LR-C-97-142. United States District Court, E.D. Arkansas, Western Division. January 11, 1999. Charles W. Brooks, Little Rock, AR, pro se. W. Russell Meeks, III, Meeks & Jernigan, P.A., Little Rock, AR, for Defendant. MEMORANDUM OPINION AND ORDER HOWARD, District Judge. Plaintiff, Charl...
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MEMORANDUM AND ORDER The Massachusetts Food Association and several retail chains have brought this suit against the members of the Massachusetts Alcoholic Beverages Control Commission challenging the legality and constitutionality of a portion of Mass.Gen.Laws ch. 138, § 15. The plaintiffs assert that section 15’s directive restricting to three the number of retail liquor licenses that any one...
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31 F. Supp. 2d 1139 (1999) Catherine M. HOLTZ, Plaintiff, v. MARCUS THEATRES CORPORATION, Defendant. No. 97-C-858. United States District Court, E.D. Wisconsin. January 13, 1999. *1140 Billie Pirner, Garde, Clifford, Lyons & Garde, Washington, DC, for Plaintiff. Barry L. Chaet, E. Vanessa Jones, Beck, Chaet, Molony & Bamberger, S.C., Milwaukee, WI, for Defendant. *1141 ORDER STADTMUELLE...
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ORDER AND MEMORANDUM OF DECISION In this civil rights action, Plaintiff Richard Thorndike (“Plaintiff’) alleges that Defendant Kmart Corporation (“Defendant”) discriminated against him on the basis of age by failing to transfer him to another store in the course of a reduction-in-force. Plaintiff brings this one-count diversity action under the Maine Human Rights Act (“MHRA”), Me.Rev.Stat. Ann....
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ORDER Claimant, Richard A. Bush, pursuant to 42 U.S.C. § 405(g), requests judicial review of the decision of the Commissioner of the Social Security Administration (“Commissioner”) denying claimant’s application for disability benefits under the Social Security Act. 2 In accordance with 28 U.S.C. *1292 § 636(c)(1) and (3), the parties have consented to proceed ...
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ORDER This action is before the court on the Fekr Defendants’ Motion to Dismiss for Failure to State a Claim Upon Which Relief May be Granted 1 and the Sealy Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue. I. Procedural History On September 11, 1998, Plaintiffs filed their Complaint against twenty-three Defendants. For simplicity, t...
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OPINION AND ORDER This action involves allegations that defendants have infringed plaintiffs patent regarding a hydraulic, towable backhoe. Before the Court are defendants’ objections to a Report and Recommendation (the “Report”) issued by the Honorable Ronald L. Ellis, United States Magistrate Judge, recommending denial of a motion by defendant R H & M Machine Co. (“R H & ...
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*313 MEMORANDUM AND ORDER On December 8, 1998, Lawrence J. Ra-maekers (“Ramaekers”) and Jay Alix and Associates moved, pursuant to Rule 45(c)(2)(B) of the Federal Rules of Civil Procedure, for an order compelling Reuters News Service (“Reuters”) to comply with a subpoena duces tecum issued from the Southern District of New York in October, 1998. The subpoena was addressed to ...
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ORDER This matter is before the- court on the motion of the plaintiff, Edward B. Thompson (“Thompson”), to remand the case to state court. For the reasons stated below, the court denies Thompson’s motion. I. Statement of the Case Thompson originally brought three claims against the defendants, Victoria Fire & Casualty Co. (“Victoria”) and Farmers Insurance Exchange (“Farmers”), ...
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MEMORANDUM OPINION AND ORDER This cause is before this Court on the Motion of Defendant for Summary Judgment. The Court, having reviewed the motions and being otherwise fully advised in the premises, finds as follows, to wit: FACTUAL BACKGROUND Georgia Pacific’s (“Defendant”) plant in the instant case produces container board, which is a material used to make cardboard b...
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MEMORANDUM OPINION AND ORDER Pro se petitioner Eddie Matos (“Matos”), an inmate at the Shawangunk Correctional Facility, moves pursuant to Rule 60(b) of the Federal Rules of Civil Procedure to vacate this Court’s Order issued on June 24, 1998, dismissing as time-barred his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent Leonard Portuondo (“Portuondo”), Superinten...
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37 F. Supp. 2d 1312 (1998) Lori A. SWANSON, Plaintiff, v. CIVIL AIR PATROL, Paul J. Albano, Sr., and D.J. Bartlett, Defendants. Douglas G. Isaacson, Plaintiff, v. Civil Air Patrol, Defendant. Nos. Civ.A. 98-A-223-N, Civ.A. 98-A-613-N. United States District Court, M.D. Alabama, Northern Division. December 22, 1998. Order Denying Reconsideration January 7, 1999. *1313 *1314 *1315 *1316 *1317 Josep...
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OPINION Defendants Donaldson, Lufkin & Jenrette Securities Corporation (“DLJ”) and Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) (collectively, the “Moving Defendants”) have moved pursuant to Rule 37 of the Federal Rules of Civil Procedure to compel plaintiffs Granite Partners, L.P., Granite Corporation, and Quartz Hedge Fund (collectively, the “Funds”), acting by and thr...
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33 F. Supp. 2d 703 (1999) STIMSONITE CORPORATION, Plaintiff, v. NIGHTLINE MARKERS, INC., et al., Defendants. No. 98 C 2460. United States District Court, N.D. Illinois, Eastern Division. January 19, 1999. *704 Ronald A. Sandler and Sandra B. Weiss of Jones, Day, Reavis & Pogue, Chicago, IL, for Plaintiff. Richard A. Vitek and George D. Moustakas of Harness, Dickey & Pierce, P.L.C., Troy, ...
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OPINION Plaintiffs New York Funeral Chapels, Inc. f/k/a Walter B. Cooke, Inc. (“Cooke”) and SCI, Funeral Services of New York, Inc. (“SONNY”) (collectively the “Plaintiffs”) have moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, and for an order pursuant to Rule 37 of the Federal Rules of Civil Procedure striking the answer of defendant Globe Inde...
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32 F. Supp. 2d 497 (1999) NINIGRET DEVELOPMENT CORP., Plaintiff, v. NARRAGANSETT INDIAN WETUOMUCK HOUSING AUTHORITY; and Building Teams Development, Inc., Defendants. C.A. No. 98-106L. United States District Court, D. Rhode Island. January 7, 1999. *498 *499 Michael L. Schein, Providence, RI, for plaintiff. John F. Killoy, Wakefield, RI, for defendants. DECISION AND ORDER LAGUEUX, Chief Judge. N...
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45 F. Supp. 2d 541 (1999) SPECIALTY FOOD SYSTEMS, INC. v. RELIANCE INSURANCE COMPANY OF ILLINOIS. No. Civ.A. 98-2595. United States District Court, E.D. Louisiana. January 19, 1999. *542 Nelson W. Wagar, III, Vicki A. Turko, Chopin, Wager, Cole, Richard, Reboul & Kutcher, LLP, Metairie, LA, for Plaintiff. James M. Garner, Martha Y. Curtis, Sher Garner Cahill Richter Klein McAlister & Hilb...
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33 F. Supp. 2d 699 (1999) Lillian TAUBER, et al., Plaintiffs, v. CITY OF CHICAGO, et al., Defendants. No. 79 C 5160. United States District Court, N.D. Illinois, Eastern Division. January 19, 1999. *700 Philip C. Stahl and George R. Dougherty of Grippo & Elden, Chicago, IL, for Plaintiffs. Nancy Van Allen, Senior Attorney-Supervisor at Corporation Counsel of City of Chicago, Chicago, IL, for ...
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33 F. Supp. 2d 347 (1999) Kenneth B. RONSON and Karen Ronson, Plaintiffs, v. DAVID S. TALESNICK, CPA, and Gikow, Bierman & Talesnick, a New Jersey Partnership, Defendants. No. CIV.A. 97-1024(JAG). United States District Court, D. New Jersey. January 19, 1999. *348 *349 Jay J. Freireich, Poe & Freireich, P.A., Florham Park, NJ, for Plaintiffs. Gerald T. Ford, Landman Corsi Ballaine & F...
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MEMORANDUM AND ORDER Plaintiffs DAR & Associates, Inc. (“DAR”), its two principals, Wilson S. Davis and Sheryl Davis-Kohl, and D.A.R. Temps, Inc., initiated this action against Uniforee Services, Inc. (“Uniforee”), for breach of contract and for a declaratory judgment that the restrictive covenants and a liquidated damages provision in certain contracts between these parties are unenf...
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MEMORANDUM OF DECISION AND ORDER Patricia Arnold (the “plaintiff’), alleges that her former husband, Kenneth Arnold (“Arnold”) was exposed to high levels of trichlorethethylene (“TCE”) during his employment at the Grumman Aerospace Plant in Bethpage, New York, and that this exposure substantially contributed to his development of multiple myeloma, which eventually caused his death on ...
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ORDER This matter is before the court for a determination of plaintiffs’ damages and on plaintiffs’ motions for judgment on the verdict and to compel defendant to provide data allegedly needed to calculate the proper measure of damages. By a special verdict returned on October 22, 1998, a jury determined that: (1) plaintiffs and defendant had not reached an agreement regarding compensatio...
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OPINION This is a so-called “glass ceiling” case. Roslyn Feder, M.D., Ph.D., a senior vice president in the Worldwide Medicines Group at Bristol-Myers Squibb Company (“BMS”), alleges that defendant, motivated by gender animus solely on the part of the president of her group, 1 denied her advancement in the company in violation of Title VII of the Civil Rights Act of 1964 and co...
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MEMORANDUM OPINION This case presents the question whether an employer pension fund, established with a provision that limits investment of plan assets in certain securities to serve the employer’s business interests, violates Section 302(c)(5) of the Taft-Hartley Act. Plaintiffs allege that the plan violates the Act because it was not established for the sole and exclusive benefit of the...
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OPINION In this ease, plaintiff Cynthia N. Peterson alleges that defendants The City College of the City of New York (“City College”) and The City University of New York (“CUNY”) engaged in a “text-book example of gender and age discrimination” by denying her tenure. Defendants move for summary judgment. Peterson moves, on the basis of defendants’ alleged failures in discovery, to pre...
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MEMORANDUM OPINION AND ORDER This dispute arose out of the collapse of the Bank of Credit and Commerce International (“BCCI”). The background is briefly chronicled in a prior opinion. See BCCI Holdings (Luxembourg) S.A v. Khalil, 182 F.R.D. 335 (D.D.C.1998). Pending before the Court are motions in limine filed by both sides. Both motions concern Syed Ziauddin Ali Akbar (“Akbar”), once a central ...
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31 F. Supp. 2d 1243 (1999) Shedrick STEWART, Plaintiff, v. BURLINGTON NORTHERN SANTA FE RAILROAD, et al., Defendants. No. C97-0027L. United States District Court, W.D. Washington. January 5, 1999. *1244 Shedrick Stewart, Seattle, WA, pro se. David M. Reeve, Kroschel & Gibson, Bellevue, WA, for Defendants. ORDER GRANTING DEFENDANTS' MOTION FOR ATTORNEYS AND EXPERT WITNESS FEES LASNIK, Distric...
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31 F. Supp. 2d 560 (1999) Aldifonso Mijimaya ZACARIA v. GULF KING 35, INC., Gulf King Services, Inc., and Gulf King 35, In Rem. No. CIV.A. G-98-490. United States District Court, S.D. Texas, Galveston Division. January 8, 1999. *561 Harold Joseph Eisenman, Houston, TX, for Aldifonso Mijimaya Zacaria, plaintiff. Richard B Waterhouse, Jr., Pipitone & Seger, Corpus Christi, Daniel Douglas Pipito...
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31 F. Supp. 2d 553 (1999) Barbara Jean UPSHAW v. ALVIN INDEPENDENT SCHOOL DISTRICT, Virgil Tiemann, Ella Rodgers, Wanda Howard, and Phillip Brunson. No. CIV.A. G-98-138. United States District Court, S.D. Texas, Galveston Division. January 8, 1999. *554 *555 Lawrence Bradley Hancock, Shannon Martin Finkelstein and Sayre, Houston, TX, for plaintiff. Jeffrey L. Rogers, Feldman and Rogers, John Davi...
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31 F. Supp. 2d 1317 (1999) COOPERATIVE COMMUNICATIONS, INC., a Utah corporation, Plaintiff, v. AT & T, a Delaware Corporation, Defendant. No. 2:94-CV-431K. United States District Court, D. Utah, Central Division. January 8, 1999. Scott A. Call, Mr., Thomas R Karrenberg, Mr., John P. Mullen, Mr., Anderson & Karrenberg, Salt Lake City, UT, for Cooperative Communications, Inc., a Utah Corpor...
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MEMORANDUM — DECISION AND ORDER Plaintiff commenced this action alleging employment discrimination on the basis of disability in violation of the Americans with Disabilities Act (hereinafter “ADA”), 42 U.S.C.A. §§ 12101, et seq. (West 1995 & Supp.1998) and N.Y. Exec. Law §§ 290, et seq. (WLcKinney 1993) (hereinafter “Human Rights Law” or “HRL”). Presently before the Court i...
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OPINION AND ORDER In these diversity actions, plaintiffs seek damages for personal injuries allegedly sustained as a result of drinking contaminated water while staying at a hotel in Bermuda. Presently before the Court is defendants’ motion to dismiss the respective Complaints pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction. In the alternative, defendants move to dis...
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31 F.Supp.2d 953 (1999) Hahn Le WHITE, Plaintiff, v. BOARD OF TRUSTEES OF THE UNIVERSITY OF ALABAMA, et al., Defendants. No. Civ.A. 97-AR-1877-S. United States District Court, N.D. Alabama, Southern Division. January 15, 1999. Hycall Brooks, III, The Brooks Firm PC, Birmingham, AL, for Hanh Le White, plaintiff. Julie L. Jenkins, Smith Spires & Peddy PC, Birmingham, AL, Stanley J. Murphy, Kenn...
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32 F. Supp. 2d 955 (1999) Nathaniel JENKINS, Plaintiff, v. Raymond TOOMBS et al., Defendants. No. 1:98 CV 324. United States District Court, W.D. Michigan, Southern Division. January 15, 1999. *956 Nathaniel Jenkins, Ionia, MI, pro se. OPINION ENSLEN, Chief Judge. This matter is before the Court on Plaintiff Nathaniel Jenkins' Objections to the Magistrate Judge's Report and Recommendation. The R...
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MEMORANDUM OF DECISION AND ORDER This putative class action seeks redress for alleged violations of the federal and state antitrust laws arising from the defendants’ alleged unlawful and conspiratorial bid-rigging, price fixing, and termination and exclusion of all orthotic and prosthetic (“0 & P”) providers within the five boroughs of New York City and the surrounding six Counties of Nassau, S...
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33 F. Supp. 2d 577 (1999) Amey TIMMONS, Plaintiff, v. WAL-MART STORES, INC. and Sam's Wholesale Club, Defendants. No. CIV. A. 3:97-CV-224-H. United States District Court, W.D. Kentucky, Louisville Division. January 19, 1999. Sean Ragland, Bolus, Jaggers & Ragland, Thomas Clay, Louisville, KY, for Plaintiff. Michael A. Luvisi, Woodward, Hobson & Fulton, Louisville, KY, for Defendants. MEM...
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*458 OPINION AND ORDER Plaintiff Mary Liu (“Liu”) was a graduate student at defendant Providence College (the “College”) when, she alleges, she was sexually harassed over the course of one year by defendant Giacomo Striuli (“Striuli”), who at the time was a professor at the College. In her Amended Complaint alleging federal and state causes of action against both Striuli and ...
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33 F. Supp. 2d 106 (1999) Sylvia Franky MONTAÑEZ, Plaintiff, v. PUERTO RICO POLICE DEPARTMENT, et al., Defendants. No. 95-1322 PG. United States District Court, D. Puerto Rico. January 12, 1999. *107 Frank D. Inserni-Milam, San Juan, PR, for plaintiff. Isabel Abislaiman-Quilez, Garcia & Fernandez, Hato Rey, PR, Maria Alejandra Mercado-Betancourt, Gonzalez & Vilella, San Juan, PR, Karen Mo...
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32 F. Supp. 2d 974 (1999) David B. EVANS, Plaintiff, v. TOYS R US-OHIO, INC., et al., Defendants. No. 5:98-CV-1305. United States District Court, S.D. Ohio, Eastern Division. January 14, 1999. *975 *976 Richard C. Haber, Reminger & Reminger, Cleveland, OH, for David B. Evans, plaintiff. James R. Williams, Beth R. Meyers, Mindy S. Novick, Jackson, Lewis, Schnitzler & Krupman, New York, NY,...
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MEMORANDUM Plaintiff, Vencor, Inc. (Vencor), is a Delaware corporation that owns and operates long-term intensive care hospitals throughout the United States. Defendant, Physicians Mutual Insurance Company (Physicians Mutual), is an insurance company that sells insurance policies which supplement the health care benefits provided to persons eligible for Medicare. In this action, Venc...
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MEMORANDUM OPINION This is an appeal from an order of the Bankruptcy Court that denied a motion to vacate an earlier order of that court that was entered before the time for filing an opposition thereto had expired under the applicable Federal and Local Rules of Bankruptcy Procedure. The order in question was an order granting a motion for ancillary relief brought against the appellant by the...
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DECISION and ORDER Before this court is plaintiffs motion for summary judgment pursuant to Fed.R.Civ.P. 56. (Item 19). Defendant cross-moves for summary judgment, seeking dismissal of plaintiffs complaint and the damages requested in its counterclaim (Item 21). Background This case arises from a class action antitrust suit in the Northern District of Florida entitled I...
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MEMORANDUM OPINION AND ORDER Equal Employment Opportunity Commission (“EEOC”) brought this action under Title VII of the Civil Rights Act of 1964 as amended (“Title VII,” 42 U.S.C. §§ 2000e to 2000e-17) and Title I of the Civil Rights Act of 1991 (42 U.S.C. § 1981a) 1 against Synch-ro-Start Products, Inc. (“Synchro-Start”) on behalf of Brian Sudol (“Sudol”) and a class of e...
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MEMORANDUM DECISION AND ORDER ORDER GRANTING PLAINTIFF PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANT DET. SGT. MARK HACKETT ON HER FIRST, THIRD, AND TENTH CLAIMS FOR RELIEF; AND AGAINST THE CITY OF MOUNT VERNON ON HER NINTH CLAIM FOR RELIEF; DENYING DEFENDANTS’ CROSS-MOTION FOR SUMMARY JUDGMENT; DISMISSING PLAINTIFF’S TENTH AND ELEVENTH CLAIMS WITH RESPECT TO THE CITY OF MOUNT VERNON; AND DI...
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OPINION This matter comes before the Court on cross-motions for summary judgment filed by plaintiffs Brian Todaro, et al., and defendant Township of Union (“Township”). In an Opinion and Order dated November 17, 1998 (as amended November 30, 1998) (“Todaro I”), the Court previously denied plaintiffs’ motion for summary judgment on count one of plaintiffs’ amended complaint, and grante...
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OPINION This action for breach of contract and unfair competition arises out of the development of “Tornado Taz,” a children’s toy based on the “Tazmanian Devil” cartoon character, by defendant Play By Play Toys & Novelties, Inc. Presently before the Court is Play By Play’s motion for summary judgment dismissing the complaint pursuant to Fed.R.Civ.P. 56(b) and plaintiff Craig P. Na-dé...
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MEMORANDUM AND ORDER A plethora of motions have been made by one or more of the defendants named, some of which have been decided from the bench following a hearing, and some of which as yet remain undecided and will be addressed now. I. Motions for Severance Eight defendants, Hutchinson, Williams, Johnson, Kearse, Cumberbatch, Arroyo, Straight and Nix, have moved this court for an order ...
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OPINION Plaintiffs Mina Investment Holdings Ltd. and Pentium Capital Holdings, Ltd. (“Plaintiffs”) move pursuant to Rule 59(e) of the Federal Rules of Civil Procedure for an order granting reconsideration of this Court’s August 10, 1998, opinion dismissing claims of tortious interference of contract, unjust enrichment, recission, and reformation against defendant Nippon Credit Trust Co. (“Nippo...
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*974 OPINION OPINION SUMMARY: None of plaintiffs’ claims survive summary judgment. Despite the sheer multitude of allegations, plaintiffs are unable to produce a scintilla of direct evidence of intentional racial discrimination or retaliation. Thus, all of plaintiffs’ intentional racial discrimination and retaliation claims must satisfy the well-known burden-shifting proof paradi...
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OPINION I. STATEMENT OF FACTS Pending before the court is the motion of defendant, General Motors Corporation (hereafter General Motors or GM), for judgment as a matter of law, a new trial, or remittitur. The motion will be denied for the reasons that follow. In this diversity action in which Pennsylvania law is controlling, the jury found that General Motors violated the Pennsylvania Board of Veh...
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MEMORANDUM OPINION AND ORDER Plaintiff Judith Welch, an African-American woman, challenges her suspension and discharge from employment with Defendant Cook County Clerk’s Office. Her complaint as amended consists of four counts: Count I, brought under 42 U.S.C. § 1981, alleges a deprivation of her federal constitutional rights; Count II asserts a claim of race discrimination and dispa...
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MEMORANDUM OPINION AND ORDER George W. Jackson Jr. brought this action against his employer, the City of Chicago (the “City”), alleging retaliation and race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and age discrimination in violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621...
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33 F. Supp. 2d 720 (1999) Patricia RUPPEL, Plaintiff, v. Bruce RAMSEYER, Van Clayton Tedrick, John Peterson, M.D., and Covenant Medical Center of Champaign/Urbana, Defendants. No. 98-CV-2071. United States District Court, C.D. Illinois, Danville/Urbana Division. January 19, 1999. *721 Robert Kirchner, Lerner & Kirchner, Champaign, IL, for Plaintiff. *722 Marc J. Ansel, Champaign, IL, for Defe...
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MEMORANDUM OPINION This case calls upon the Court to determine whether an arbitration award should be vacated due to alleged misconduct and manifest disregard of the law by a National Association of Securities Dealers, Inc. (“NASD”) arbitration panel. Facts In March 1997, Max Marx Color & Chemical Co. Employees Profit Sharing Plan (the “Plan”) 1 commenc...
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33 F.Supp.2d 596 (1999) UNITED STATES of America, Plaintiff, v. BAY-HOUSTON TOWING COMPANY, INC., Defendant. No. 98-73252. United States District Court, E.D. Michigan, Southern Division. January 14, 1999. *597 Joshua M. Levin, U.S. Department of Justice, Elliot M. Rockler, U.S. Department of Justice, Washington, DC, for Plaintiff. Steven D. Weyhing, Richard Rassel, John Dudley, Detroit, MI, for D...
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33 F.Supp.2d 867 (1999) Dustin HOFFMAN, Plaintiff, v. CAPITAL CITIES/ABC, INC., Fairchild Publications, Inc., and Los Angeles Magazine, Inc., Defendants. No. CV 97-3638 DT (Mcx). United States District Court, C.D. California. January 22, 1999. *868 *869 Bertram Fields, Charles N. Shephard, Aaron J. Moss, Greenberg Glusker Fields Claman & Machtinger, LLP, Los Angeles, CA, for plaintiff. Steven...
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*238MEMORANDUM This is a fee petition under the Equal Access to Justice Act (“EAJA”). 28 U.S.C. § 2412(d)(1)(A). The petitioner was previously found by the Court to be a prevailing party in litigation against the United States and therefore entitled to an award of fees and other expenses incurred in the litigation. Id. On March 26, 1996, after considerable litigation, the Court entered a final ju...
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33 F. Supp. 2d 528 (1999) UNITED STATES of America ex rel. J. Benjamin JOHNSON, Jr., et al. v. SHELL OIL COMPANY, et al. No. CIV. A. 9:96 CV 66. United States District Court, E.D. Texas, Lufkin Division. January 16, 1999. *529 Clayton Edward Dark, Jr., Clayton E. Dark, Jr., Attorney, Lufkin, Thomas Walter Umphrey, Michael A Havard, Provost & Umphrey, Beaumont, Rayford Lee Etherton, Jr., Ether...
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MEMORANDUM The defendant, Mr. Cobb, has requested a copy of the financial disclosure statement of the sentencing judge. A recent Amendment to the law requiring public access to judicial disclosure reports recognizes that security interests may justify withholding immediate and unconditional availability of the reports, so that redaction may be done to protect filers. Public Law 105-318, 105th Co...
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MEMORANDUM AND ORDER This matter is before the Court on a Motion to Dismiss brought by Defendant United States Post Office. Plaintiff Safety Insurance Company has brought this action under the Federal Tort Claims Act (“FTCA”) seeking reimbursement for damages in the amount of $1,419.00 that it paid to its insured, Huerth, & Huerth, Inc., in connection with a motor vehicle accident alleged...
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MEMORANDUM OPINION AND ORDER Defendants, Kentucky Association of Counties (“KACO”), KACO’s self-insured unemployment compensation fund (“UI Fund”), and board members of KACO and UI, have moved the Court [Record No. 8] for summary judgment. Plaintiff, Douglas Durso (“Durso”), has responded [Record No. 12], to *931 which defendants have replied [Record No. 13]. This matter is now ripe for dec...
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33 F.Supp.2d 1157 (1999) UNITED STATES of America, Plaintiff, v. HUGHES RANCH, INC., Michael B. Hughes, Sandra S. Hughes, Melvin C. Hughes, Joyce M. Hughes, Bank of Burwell, Clare Coulthard, Defendants. United States of America, Plaintiff, v. Hughes Ranch, Inc., Michael B. Hughes, Sandra S. Hughes, Bank of Burwell, Defendants. Nos. 4:94CV3098, 4:94CV3099. United States District Court, D. Nebraska...
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MEMORANDUM AND ORDER James E. Davis, a state prisoner currently incarcerated at Waupun Correctional Institution (WCI), filed this pro se civil rights complaint under 42 U.S.C. § 1983. The plaintiff was allowed to proceed informa pauperis on a claim that the defendants violated his Eighth Amendment right to be free of cruel and unusual punishment by knowingly orde...
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*91 OPINION AND ORDER The Court has before it the Motion of Defendants to Dismiss for Lack of Standing. After considering the Motion, Response and supporting and opposing memoranda submitted by the parties, the Court rules that the Motion to Dismiss is not well taken and is hereby denied. I. BACKGROUND Robert Ingram filed this action as next friend of his son, Plaintiff Terry Ingram, an inmate ...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION The above-entitled matter came on for hearing before the undersigned United *741 States District Judge on October 30, 1998, pursuant to Plaintiffs’ objections to Magistrate Judge Raymond L. Erickson’s August 6, 1998 Report and Recommendation (“R & R”). After an extensive evaluation of the voluminous record in this l...
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33 F. Supp. 2d 748 (1999) H.K. MALLAK, INC. and Eshagh Kashimallak, Plaintiffs, v. FAIRFIELD FMC CORPORATION, a subsidiary of Marriott International, Inc., Defendant. No. 96-C-1207. United States District Court, E.D. Wisconsin. January 21, 1999. *749 *750 Joseph A. Bradley, Milwaukee, WI, for plaintiffs. Tomislav Z. Kuzmanovic, Hinshaw & Culbertson, Milwaukee, WI, for defendant. DECISION AND...
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ORDER AND MEMORANDUM OF DECISION In this action for declaratory and injunctive relief, Plaintiff Donald K. Stern, United States Attorney for the District of Massachusetts, seeks to prevent enforcement of Rule 3.8(f) of the Massachusetts Rules of Professional Conduct (“Rule 3.8(f)” or “the Rule”).1 Defendants are the United States District Court for the District of Massachusetts (“District Court”)...
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33 F.Supp.2d 384 (1999) Dr. H. Major POTEAT, Plaintiff, v. HARRISBURG SCHOOL DISTRICT; Marion Gray, Barton Fields, Francis B. Haas, Calobe Jackson, Ken Lester, Joseph C. Brown, as members of the Board of School Directors of the Harrisburg School District, in their individual and official capacities; Defendants. No. Civ.A. 1:CV-98-0016. United States District Court, M.D. Pennsylvania. January 21, ...
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33 F. Supp. 2d 405 (1999) John and Denise McELHINEY v. ALLSTATE INSURANCE COMPANY. No. Civ.A. 98-2529. United States District Court, E.D. Pennsylvania. January 25, 1999. Stanley B. Cheiken, Abramson, Freedman & Thall, Philadelphia, PA, for John McElhiney and Denise McElhiney, plaintiffs. John D. Brinkmann, Emily I. Remphrey, Dugan, Brinkmann, Maginnis and Pace, Philadelphia, PA, for Allstate ...
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33 F.Supp.2d 947 (1999) Victor A. STEPHENS, Plaintiff, v. CITY OF TOPEKA, KANSAS and its Agency the City of Topeka Housing Authority, Defendants. No. Civ.A. 97-2527-GLR. United States District Court, D. Kansas. January 15, 1999. *948 *949 Joseph R. Colantuono, Wehrman & Colantuono, LLC, Leawood, KS, for Victor A Stephens, plaintiff. David D. Plinsky, Office of City Attorney, Topeka, KS, for T...
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OPINION & ORDER Pending before this Court are defendants Compañía de Fomento Recreativo’s, Miguel A. Caro’s, and Rosana M. Roig’s (hereinafter referred to as “Fomento Recreativo”, “Caro”, and “Roig”, respectively) motions to dismiss under Fed.R.Civ.P. 12(b)(6). (Dkt. 6 and 19), and plaintiffs’ opposition to said motions. (Dkt.23) Roig is sued in her individual capacity and as member o...
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ORDER DENYING MOTION FOR CLASS CERTIFICATION I. Introduction This case asks whether the practice of inserting a “chase” or “insert” card into packages of sports cards constitutes an illegal lottery or gambling. This Court has held that “as long as plaintiffs allege that they purchased packages of Upper Deck trading cards at least partially for the chance of winning a valuable chase card, then the...
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ORDER DENYING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS AND FOR REFERRAL TO BANKRUPTCY COURT Defendant Metropolitan Life Insurance Company (MetLife) moves for judgment on the pleadings or, in the alternative, for referral of this action to the bankruptcy court. Plaintiff Francine Donato opposes the motions. Having considered all of the papers filed by the parties, the Court DENIES ...
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DECISION AND ORDER Presently before the Court is Plaintiffs motion pursuant to Fed.R.Civ.P. 60(b) to vacate the judgment entered on June 15, 1998. Plaintiff argues that the judgment should be vacated because of my failure to recuse myself sua sponte from this civil rights action pursuant to 28 U.S.C. § 455 on the grounds that I have previously adjudicated Plaintiffs habeas corpus petition. ...
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MEMORANDUM-DECISION & ORDER Plaintiff Todd DeMar (“DeMar” or “Plaintiff’) brought the instant action on April 10, 1997, pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq., against his former employer, Car-Freshner Corporation (“Car-Freshner” or “Defendant”), alleging employment discrimination. Specifically, Plaintiff asserts Defendant failed to ...
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MEMORANDUM AND ORDER Presently pending before the Court is Defendant’s motion for summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. The Plaintiff, Igor Ashton (hereinafter “Ashton” or “Plaintiff’), commenced this action on or about August 5, 1996, against his former employer, Pall Corporation (hereinafter “Pall” or “Defendant”), alleging a claim of unlaw...
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41 F. Supp. 2d 142 (1999) Claire BILIDA, Plaintiff, v. Andrew McCLEOD, in his capacity as Director of the Department of Environmental Management, Officer Jeffrey S. Belmonte, and Officer Sheila DiSarro, Deputy Chief Thomas Greene, and State of Rhode Island, Defendants. No. CIV. A. 96-621L. United States District Court, D. Rhode Island. January 21, 1999. *143 *144 *145 Linda S. MacDonald, MacDonal...
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OPINION AND ORDER Plaintiffs are three Nassau County residents and one non-resident. Defendants are Nassau County Community College (NCC); Dr. Sean Fanelli, in his capacity as NCC President; the Board of Trustees of NCC; Dr. Roslyn Udow, in her capacity as Chairman of the Board -of Trustees; and two NCC professors in their capacities as NCC employees. Plaintiffs filed this action in M...
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DECISION AND ORDER The basic issue before the Court is whether a governmental body — a school district— can deny a child the opportunity to participate in a school-sponsored program on account of her race. The answer must be “no.” As Justice Lewis Powell said in his opinion for the Supreme Court in Regents of the Univ. of California v. Bakke, 438 U.S. 265, 289, 98 S.Ct. 273...
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33 F. Supp. 2d 896 (1999) William J. GRUTZMACHER, a Nevada Resident, Plaintiff, v. The COUNTY OF CLARK, a political subdivision of the State of Nevada; Board of County Commissioners for the County of Clark, Nevada; Yvonne Atkinson Gates, Bruce Woodbury, Lorraine Hunt, Erin Kenny, Mary J. Kincaid, Lance Malone, and Myrna Williams, in their capacity as Commissioners of the County of Clark, and the ...
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MEMORANDUM OPINION AND ORDER In this case, which I have heretofore certified as a class action, state prisoners with various disabilities are claiming primarily that state officials have violated certain federal statutes prohibiting discrimination based on one’s disabilities. The named plaintiffs are inmates at various correctional facilities operated by the Defendant Colorado Department ...
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ORDER Before the Court is Plaintiffs Motion for Summary Judgment and Permanent Injunction. Background Plaintiff Jon Femedeer challenges the constitutionality of recent amendments made to Utah’s sex offender registration and notification statute, Utah Code Ann. § 77-27-21.5 (Supp.1998). Since 1987, Utah has maintained a registry of persons convicted of, or entering a plea in abeyance for, ...
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*45 RULING ON MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT INTRODUCTION Defendant Unisys Corporation (“UC”) moves this Court for an order dismissing plaintiff Francis Lenox’s (“Lenox”) complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6). In the alternative, UC moves for summary judgment, pursuant to Federal Rule 56. In his complaint, Lenox alleges that UC d...
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RULING ON MOTION TO DISMISS Plaintiffs have brought this multi-count class action against defendant May Department Stores Company (“May”), seeking damages for failure to pay wages pursuant to Connecticut General Statutes (“C.G.S.”) § 31-71 et seq and § 31-73. Plaintiffs are or were commissioned sales employees selling shoes or electronics at various retail stores owned by M...
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RULING ON MOTION TO DISMISS Defendants Michael Wex (“Wex”), Guthy-Renker Corporation (“GRC”) and Guthy-Renker Television Network, Inc. (“GRTV”) move this Court for an order dismissing the present action in its entirety, as to them, pursuant to Federal Rules of Civil Procedure 12(b)(2), 12(b)(4) and 12(b)(5). Inasmuch as no objection to this Motion has been filed with this Court, that, in itse...
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32 F. Supp. 2d 46 (1999) Rodney D. McCORKILL, Plaintiff, v. UNITED STATES of America, Defendant. No. 3:97-CV-2239 (WWE). United States District Court, D. Connecticut. January 21, 1999. Rodney D. McCorkill, Enfield, CT, pro se. John H. Durham, Lauren M. Nash, U.S. Attorney's Office, New Haven, CT, Philip J. Berkowitz, U.S. Department of Justice, Washington, DC, for Defendant. RULING ON CROSS-MOTI...
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60 F. Supp. 2d 642 (1999) Michelle PLUMB, Plaintiff, v. ABBOTT LABORATORIES, Kevin Ruse, Defendants. No. 97-CV-60306-AA. United States District Court, E.D. Michigan, Southern Division. January 22, 1999. *643 Julia Sherwin, Detroit, MI, for plaintiff. Camille S. Miller, Lewis & Munday, Detroit, MI, for defendants. ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT STEEH, District Judge. T...
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OPINION AND ORDER Plaintiffs Francis Hogan (“Hogan”) and Daniel Masucci bring this action against defendants DC Comics, Warner Communications, Inc., Time Warner Entertainment Co., L.P., Nancy Collins (“Collins”) and Paul Lee (“Lee”) claiming that defendants infringed plaintiffs’ copyright in an unpublished comic book entitled Matchsticks through defendants’ painted graphic ...
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OPINION OPINION This action involves claims of trademark infringement, false designation of origin, and unfair - competition Under §§ 32(1) and 43(a)(1) of the Lanham Act and state common law. Plaintiffs allege that defendant, through its sale of “Dentyne Ice” gum, is unlawfully infringing on Nabiseo’s “Ice Breakers”, gum trademark. Nabisco is seeking injunctive relief, as well a...
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OPINION AND ORDER Defendant Juan Enrique Cintron Carabal-lo has requested Reconsideration to the Magistrate Judge of the Denial of Bail Pending Trial originally entered in the case. (Docket #335). Defendant was originally denied Bail and now near trial date has reiterated the request. The Magistrate Judge summarily Denied the bail reconsideration (margin order at Docket 355) and Defendant...
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*146 MEMORANDUM & ORDER By motion filed on November 9, 1998 and heard on December 30, 1998, the petitioner, The Thomas and Agnes Carvel Foundation (the “Foundation”), moves for remand of these two removed cases to the Westchester County Surrogate’s Court where they were originally filed. The Foundation argues (1) that the Court lacks diversity jurisdiction over the 98 Civ. 62...
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OPINION AND ORDER Defendant LESCO, Inc. (“LESCO”) removed this action from Supreme Court for the State of New York, County of Orange, claiming federal question jurisdiction under 28 U.S.C. § 1331 as the basis for removal. Pursuant to 28 U.S.C. § 1447(c), defendant Glenn Nixon (“Nixon”) has moved for remand of the action to the state court. For the reasons stated herein, defendant Nixo...
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RULING ON MOTION OF DEFENDANT WILLIAM R. BERKLEY FOR - SUMMARY JUDGMENT Plaintiff Itoba Limited (“Itoba”) has filed a multi-party, multi-count complaint, two counts of which are against defendant William Berkley (“Berkley”), a former non-executive director of the LEP Group (“LEP”), a London-based holding company. Itoba’s complaint alleged that Berkley violated Sections 10(b...
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ORDER DENYING MOTION FOR SUMMARY JUDGMENT I. Introduction This Motion for Summary Judgment rests on the assertion that the Plaintiffs *1160 state law claims are preempted by the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001 et seq. Plaintiffs claims — request for declaratory relief, breach of contract, breach of implied covenant of good ...
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OPINION Philip J. Organ, M.D. (“Dr.Organ”), a physician at Green Haven Correctional Facility (“Green Haven”), and the State of New York (together, “Defendants”), two of the defendants in this action, have moved pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment and to dismiss the complaint of pro se plaintiff Francisco *307 Veloz (...
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*208 RULING ON DEFENDANTS’ MOTIONS TO DISMISS Plaintiff has brought a multi-count complaint against Defendants Unum Life Insurance Company of America (“Unum”) and Hospital of Saint Raphael (“St. Raphael”). Plaintiff was employed by St. Raphael, which provided its employees with a long-term benefit policy issued by Unum. Plaintiffs complaint claims that the Defendants wrongful...
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ORDER ON MOTIONS Defendant has made several motions, which have been opposed, briefed, argued, and submitted for decision. The indictment charges one count, a violation of 18 U.S.C. § 1030(a)(5)(A). That section provides that whoever “knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorizat...
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MEMORANDUM AND ORDER Plaintiff, Kristen L. Victory, commenced this action seeking monetary damages and equitable relief against her former employer, Defendant, Hewlett-Packard Company (“HP”), under Title VII of the Civil Rights Law of 1964, 42 U.S.C. § 2000e, et seq., and under New York State Human Rights Law, Executive Law § 290, et seq. Plaintiff alleges, ...
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OPINION AND ORDER This is a supplemental motion by defendant John Cuff to suppress evidence obtained by the government when it opened and copied his non-legal mail while he was detained at the Metropolitan Correctional Center (“MCC”). Judge Sotomayor, to whom this case was previously assigned, denied a prior motion in which Cuff argued that delayed notification to him that his mail had been exa...
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ORDER DENYING COMMITTEE’S MOTION TO STRIKE BRIEF This matter is before the court on the Motion to Strike Railroads’ Reply Brief (Dkt.#29) filed on October 8, 1998, by the Official Unsecured Creditor’s Committee (the “Committee”). On October 15, 1998, Appellants Southern Pacific Transportation Company and St. Louis Southwestern Railway Company (collectively the “Railroads”) filed a joint respo...
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ORDER DENYING MOTION TO DISMISS APPEAL OF THE CONFIRMATION ORDER AND DIRECTING APPELLANTS TO FILE CLARIFYING DOCUMENTS This matter is before the court on the Motion to Dismiss Appeal of the Confirmation Order (Dkt.# 14) filed by the Official Unsecured Creditor’s Committee (the “Committee”) on September 10,1998. On September 21, 1998, Appellants Southern Pacific Transportation Company ...
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OPINION AND ORDER This matter is before the Court for consideration of plaintiffs Motion for a New Trial made pursuant to Federal Rule of Civil Procedure 59. (Doc. 73) This case was tried to a jury, which, after a six-day trial, returned a verdict in favor of the defendant. For the reasons that follow, a new trial is ordered. I. Federal Rule of Civil Procedure 59 provides that a new trial may b...
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OPINION AND ORDER On November 20, 1998, Plaintiff, Wheeling-Pittsburgh Steel Corporation (“Wheeling-Pitt”) filed its First Amended Complaint which sets forth three (3) counts. On December 8, 1998, all defendants, various importers of Japanese and Russian hot-rolled steel, filed a Motion to Dismiss for Failure to State a Claim, pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc...
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MEMORANDUM AND ORDER On December 16, 1998, plaintiffs Lakisha Reynolds, Georgina Bonilla, April Smiley, Lue Garlick, Adriana Calabrese, Jenny Cue-vas and Elston Richards (“plaintiffs”) filed this action under 42 U.S.C. § 1983 against New York City Mayor Rudolph Giuliani and Jason Turner, Commissioner of the New York City Human Resources Administration (the “City defendants”), together...
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MEMORANDUM AND ORDER The owner and operator of a Massachusetts skilled nursing facility sought a preliminary injunction extending a temporary restraining order granted by the United States District Court for the District of Columbia enjoining the Secretary of the United States Department of Health and Human Services from terminating the nursing facility’s status as a provider of medic...
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*9 ORDER AND JUDGMENT Pursuant to Fed.R.Civ.P. 58 and for the reasons stated by the court in its memorandum docketed this same day, it is this 25th day of January 1999 hereby ORDERED and ADJUDGED that judgment is entered in favor of the plaintiff. MEMORANDUM OPINION Plaintiff, Majid Danesh, a pharmacist, has brought this action under the Fair Labor Standards Act, 2...
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MEMORANDUM OPINION AND ORDER Apollo Galileo USA Partnership (“Apollo”), a nationwide purveyor of its reservations and *690 ticketing services for airline flights, hotels and rental cars (as well as other travel-related services), has brought a breach of contract claim against one of its customer subscribers — Spain Travel, Inc. (“Spain”)— asserting a whole set of violations of Subscriber Se...
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33 F. Supp. 2d 456 (1999) In re The Application of Luis Alejandro RODRIGUEZ, Petitioner, v. Marisabel Ramos Valery RODRIGUEZ, Respondent. No. Civ.A. WMN-98-3946. United States District Court, D. Maryland. January 26, 1999. *457 Stephen John Cullen, Miles & Stockbridge, Baltimore, Maryland, for petitioner. Marguerite Angelari, Family Law Clinic, University of Baltimore School of Law of Baltimo...
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33 F.Supp.2d 369 (1999) Dana HEDGES and George Hedges, on behalf of C.D., a minor, Plaintiffs, v. Ralph MUSCO, individually and as Principal of Northern Highlands High School; Greg McDonald; Cathy Kiely; Northern Highlands Regional High School Board of Education; Alan Geisenheimer, individually and as President and a Member of the Northern Highlands Regional High School Board of Education; Willia...
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31 F. Supp. 2d 1155 (1999) Terrance L. RADDATZ, Plaintiff, v. STANDARD REGISTER COMPANY, Defendant. Civil No. 4-96-822 (JRT/RLE). United States District Court, D. Minnesota. January 22, 1999. Eric J. Nystrom, Winthrop & Weinstine, St. Paul, MN, for plaintiff. Lynn G. Truesdell, III and Kevin P. Hickey, Bassford, Lockhart, Truesdell & Briggs, Minneapolis, MN, Kathryn A. Lamme, Turner, Gran...
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33 F.Supp.2d 1117 (1999) Brian W. GRAFF, Plaintiff, v. QWEST COMMUNICATIONS CORPORATION, Defendant. No. CIV. 98-2592 (DSD/AJB). United States District Court, D. Minnesota. January 25, 1999. *1118 Eldon J. Spencer, Jr., Brian F. Kidwell, and Leonard, O'Brien, Wilford, Spencer & Gale, St. Paul, MN, and Thomas C. Atmore, Leonard, O'Brien, Wilford, Spencer & Gale, Minneapolis, MN, counsel for...
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ORDER This matter comes before the Court on Defendant’s Motion for Summary Judgment with Brief in Support filed December 7, 1998 (Docket # 23). Defendant contends that it is entitled to summary judgment as a matter of law on the claims brought by plaintiff for judicial review of the Merit System Protection Board (“MSPB”) decision affirming plaintiffs termination, and for de novo...
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OPINION AND ORDER ' Plaintiff Bruno Tamplenizza' (“Tamplenizza”) seeks a Declaratory Judgment pursuant to 28 U.S.C. §§ 2201 and 2202, declaring that his agreement to arbitrate all claims, disputes and controversies with defendant Josephthal & Co., Inc. (“Josephthal”) is null and void pursuant to Section 2 of the Federal Arbitration Act (“FAA”), 9 U.S.C. § 2, and section 29(a) of the S...
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ORDER Plaintiffs, 64 field witness security specialists for the United States Marshals Service (“USMS”), bring an action in mandamus to compel the USMS to classify them at grade GS-13. Plaintiffs claim that, in 1993, the USMS promoted them to grade GS-13, then failed to implement the promotion as required under 5 C.F.R. § 511.701(a)(2). Specifically, plaintiffs allege that, on July 7,1993, Ka...
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MEMORANDUM S&S Services, Inc. ["S&S"] has moved for summary judgment in this case involving the reputed transfer of title to Parcel No. 56-79 Estate Frydenhal ["the Parcel"]. S&S seeks judgment that the defendant, Laurenceteen Rogers Chapman ["Rogers Chapman"], has no legal claim to title in the Parcel, that Rogers Chapman wrongfully maintains physical possession of the Parcel, and that S&...
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MEMORANDUM THIS MATTER is before the Court on the defendant, Melvin Marvin Thomas's (hereinafter "Thomas"), October 22, 1997, Motion for Expungement of Records. Thomas requests that all records, including but not limited to, photographs, FBI records, NCIC records, and the records of all federal, state and local law enforcement agencies, relative to the criminal matter and his conviction be expu...
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33 F. Supp. 2d 419 (1999) Lemuel PHILLIPS, Jr., Appellant, Cross-Appellee, v. CORESTATES BANK, N.A., as successor to First Penn. Bank, N.A., Appellee, Cross-Appellant. No. 95-0153. District Court, Virgin Islands, Appellate Division, D. St. Thomas and St. John. January 14, 1999. Wayne Sprauve, St. Thomas, U.S.V.I., for Lemuel Phillips. Sam Hall, St. Thomas, U.S.V.I., for Corestates Bank. Before MO...
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MEMORANDUM AND ORDER Pending before the Court are cross-motions for summary judgment in this action brought pursuant to Title 26, United States Code, Sections 7401 and 7403, by the United States of America (hereinafter the “Government” or “Plaintiff’), with the authorization and sanction of the District Counsel of the Internal Revenue Service and the Attorney General of the United Sta...
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MEMORANDUM I. Introduction. M. Diane Koken, the insurance commissioner of the Commonwealth of Pennsylvania, filed this lawsuit in the Pennsylvania Com *243 monwealth Court as the statutory liquidator of American Integrity Insurance Co., seeking damages and declaratory relief against Cologne Reinsurance (Barbados), Ltd. The suit arises from a reinsurance agree...
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MEMORANDUM OPINION AND ORDER In this 1993 case, plaintiffs initially sought injunctive relief enjoining defendants from assessing them any further contributions under the Coal Industry Retiree Health Benefit Act of 1992, 26 U.S.C. § 9701 et seq. (“Coal Act”). Plaintiffs alleged that the Act was unconstitutional as applied in that it effected a taking without just compensation and violated both s...
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33 F.Supp.2d 109 (1999) SMIT AMERICAS, INC. for itself and on behalf of Edward J. Hosking, its employee, Plaintiff, v. The M/T "Mantinia" et al., Defendants. No. CIV. 95-2498(RLA). United States District Court, D. Puerto Rico. January 15, 1999. Francisco G. Bruno-Rovira, McConnell Valdes, San Juan, PR, James T. Shirley, Jr., Haight Gardner Holland & Knight, New York, NY, for Plaintiff. Juan R...
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MEMORANDUM OPINION AND ORDER THIS MATTER is before the Court on FNF Properties’ Application for Leave to Intervene, filed October 2,1998 [Doc. No. 2], Application for Leave to Intervene of Irvin and Patricia Pablo, Irene Arrossa and THG Corporation, filed October 28,1998 [Doc. No. 8], and FNF Properties’ Motion for Expedited Consideration of Application for Leave to Intervene, filed November 4, ...
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32 F. Supp. 2d 1109 (1999) Alphonso HARRIS, Plaintiff, v. Sue FORD and Robert Blaedorm, Defendants. No. A98-0235 CV (JKS). United States District Court, D. Alaska. January 26, 1999. Alphonso Harris, pro se. John K. Bodick, Asst. Atty. Gen., Criminal Division, Anchorage, AK, for Defendants. AMENDED ORDER SINGLETON, Chief Judge. Plaintiff, Alphonso Harris ("Harris"), a state prisoner proceeding pr...
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31 F. Supp. 2d 681 (1999) John L. BUSH, Plaintiff, v. IOWA NATIONAL GUARD and Iowa Department of Personnel, Defendants. No. C97-4099-MWB. United States District Court, N.D. Iowa, Western Division. January 22, 1999. *682 Paul D. Lundberg, Hellige, Lundberg, Meis, Erickson & Frey, Sioux City, IA, for Plaintiff. Grant K. Dugdale, Asst. Atty. Gen., Des Moines, IA, for Defendant. ORDER REGARDING ...
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35 F. Supp. 2d 1260 (1999) Shayne PADILLA, through her legal guardian and next friends, Mariano PADILLA and Michelle Padilla, Plaintiff, v. SCHOOL DISTRICT NO. 1 IN THE CITY AND COUNTY OF DENVER, COLORADO; Denver School District Board of Education; Patrice Hall, Cynthia Rose, Maria Diaz, Jean Boggs, and Jeannie Hayes, individually and in their official capacities as employees of School District N...
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ORDER This action is before the court on Defendants’ Motion to Strike and Motion to Dis *285 miss for Failure to State a Claim Upon Which Relief May be Granted. 1 I. Procedural History On September 11, 1998, Plaintiffs filed their Complaint against twenty-three Defendants for twenty-two causes of action: RICO, breach of contract, breach of contract with frau...
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MEMORANDUM OPINION AND ORDER Plaintiff Dennis Fitzgerald, an African-American, is an independent truck operator who resides in Jefferson County, Arkansas. He brings this action pursuant to 42 U.S.C. § 1981, contending that defendant discriminated against him on the basis of his race in assigning hauling runs. He further contends that after complaining of the discriminatory treatment, ...
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OPINION AND ORDER Plaintiff Tony Bowles brings this action pro se pursuant to 42 U.S.C. § 1983 alleging that defendants have violated his Constitutional rights by falsely arresting him, maliciously prosecuting him, verbally harassing him and using excessive force during his arrest. Plaintiff seeks $40 million in damages. Defendants move for judgment on the pleadings pursuan...
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MEMORANDUM ORDER In a ten-count amended complaint, plaintiffs Kirsten Ericson and Dacia Kornechuk, two former members of the Syracuse University women’s tennis team, together with them parents, allege that their former coach, defendant Jesse Dwire, sexually harassed them over approximately a three-year period beginning in the Fall of 1994. They further allege that after they lodged formal com...
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MEMORANDUM OPINION This matter comes before the Court on Plaintiff Katherine Right’s Motion to Remand and Defendants Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc., et al.’s Motion for Judgment on the Pleadings with Respect to Portions of Counts II and III and All of Counts IV and V. In August 1998, Plaintiff filed a motion for judgment asserting medical malpractice an...
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*610 MEMORANDUM AND ORDER 1. Goldman, Sachs & Co. (“Goldman”), First Manhattan Co., Firmanco Associates, Daniel Rosenbloom, Panex Industries Inc. Stockholders’ Liquidating Trust, Andreas Gal and Paul Lazare appeal from an order of the United States Bankruptcy Court for the Southern District of New York (Blackshear, B.J.) dated June 18, 1997 (Joint Appendix at 39-41), whi...
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MEMORANDUM OF DECISION AND ORDER This action arises from a consolidated amended complaint (the “complaint”) by the plaintiffs on behalf of all persons who purchased the common stock of Health Management, Inc. (“Health Management”) from August 25, 1994 through February 27, 1996 (the “Class Period”), alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C....
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MEMORANDUM OF DECISION AND ORDER This matter arises from the claims of the plaintiff, Anthony Scelza (“Scelza” or the “plaintiff’), under the Age Discrimination in Employment Act, of 1967, as amended, 29 U.S.C. § 621 et seq. (“ADEA”). The plaintiff, who was 63 years of age at the time of his termination, was discharged from a high-level position with Extebank when it merged...
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Before the Court is an appeal by American General Finance, Inc. from the August 29, 1997 order by the United States Bankruptcy Court for the Middle District of Georgia (Hershner, J.). For the reasons stated herein, the Bankruptcy Court’s order is reversed. BACKGROUND Tyrone and Darlene Dickerson (“the debtors”), Appellees herein, purchased a parcel of land in Thomaston, Georgia, o...
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33 F. Supp. 2d 1241 (1999) Doreen LIBERTO-BLANCK, Plaintiff, v. CITY OF ARROYO GRANDE; Robert Hunt, Defendants. No. CV 98-5118 DDP (RZx). United States District Court, C.D. California. January 15, 1999. Janet Koehn, Ventura, CA, for Plaintiff. Sarah Dickenson Mott, Allison Margaret Woodall, Hanson Bridgett Marcus Vlahos & Rudy, San Francisco, CA, for Defendants. ORDER DENYING DEFENDANT ROBER...
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MEMORANDUM AND ORDER In this § 1983 action, plaintiff Elijah Muhammad, a pro se prisoner, seeks damages and injunctive relief from defendants Richard Klotz, director, Edward Sweeney, warden, and Samuel Claudio, chaplain, of the Lehigh County Prison. Plaintiff claims that defendants’ actions during Ramadan which began February 1, 1995 and concluded March 3, 1995 while plaintiff was being det...
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31 F. Supp. 2d 473 (1999) AMERICAN CIVIL LIBERTIES UNION, et al. v. Janet RENO, in her official capacity as Attorney General of the United States. No. CIV. A. 98-5591. United States District Court, E.D. Pennsylvania. February 1, 1999. *474 *475 *476 MEMORANDUM REED, District Judge. The First Amendment to the United States Constitution provides that "Congress shall make no law ... abridging the...
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MEMORANDUM OPINION AND ORDER This is the second time around the block in the ongoing dispute between National Hockey League Players’ Association (“Association”) and National Hockey League (“League”) concerning an arbitration proceeding conducted by Arbitrator John Sands (“Sands” or the “Arbitrator” or “Impartial Arbitrator” — the latter being the term used in the parties’ agreement un...
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MEMORANDUM OPINION Before the Court is defendant’s Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Plaintiff brings this action for retaliatory discharge under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201, et seq. (1998), alleging that defendant fired him after discovering that he would testify agai...
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OPINION I. Sharon L. Blount sues Donna Shalala, Secretary of the U.S. Department of Health and Human Services, alleging racial discrimination in employment pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et. seq., as amended. Shalala has moved to dismiss based on Blount’s failure to exhaust administrative remedies. Having considered the pleadings, the Cou...
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80 F.Supp.2d 808 (1999) M. Barbara CHRISTMAN, Janet M. Toolson, John Archbold, and Ben O. Carroll on behalf of themselves and all others similarly situated, Plaintiffs, v. BRAUVIN REALTY ADVISORS, INC., Brauvin Realty Advisors II, Inc., Brauvin Realty Advisors III, Inc., Brauvin Realty Advisors IV, Inc., Corporate General Partners; Jerome J. Brault; Brauvin Real Estate Funds, LLC, Defendants. No....
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MEMORANDUM OPINION AND ORDER Plaintiff S.A.M. Electronics, Inc. (“S.A.M.”) filed an amended complaint against defendants Michael Osaraprasop (“Osaraprasop”), as an individual and doing business as OSHI Global Co. (“OSHI”) (together, “defendants”), and Poon Fat Ping (“Poon”), as an individual and doing business as OSHI. Plaintiff claims defendants are jointly and severally liable for c...
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OPINION Defendant Ambassador Factors Corporation (“Ambassador”), defendants S. Roberts, Inc. (“Roberts”), Christy Lynn, Inc. (“Christy”), Angela Christy, Inc. (“Angela”), Jay Vee, Inc. (“Jay Vee”) and Nathan L. Korman (“Korman” and collectively “The Roberts Defendants”) and defendant Maho-ney Cohen Rashba Pokart and Company (“Mahoney Cohen”) (collectively, the “Defendants”) have moved...
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OPINION AND ORDER Presently before the Court is the Motion for Summary Judgment filed by Boney Wilson & Sons, Inc., and Hannaford Bros., Co. (collectively, “Hannaford”) and the Motion for Partial Summary Judgment filed by *1032 G.D.F., Inc. (“Rite Aid”). For the reasons stated below, Hannaford’s Motion for Summary Judgment will be GRANTED, and Rite Aid’s Motion for Partia...
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OPINION This is an appeal from the bankruptcy court’s partial denial of appellants’ motion for lift of the bankruptcy stay or for abandonment. At issue in this matter is the bankruptcy court’s determination of what property properly should be included in the bankruptcy estate. Upon review, I am persuaded that the bankruptcy court erred in refusing to lift the stay on $582,463 of prope...
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33 F.Supp.2d 447 (1999) Wayne K. CURRY, et al., Plaintiffs, v. PRINCE GEORGE'S COUNTY, MARYLAND, Defendant. No. Civ. PJM 94-1964. United States District Court, D. Maryland. January 26, 1999. *448 Gregory K. Wells, Smallwood, Wells & Pugh, Landover, MD, David A. Branch, Washington, DC, for plaintiffs. Sean D. Wallace, Maurice Epps Webb, Office of the County Attorney, Upper Marlboro, MD, for de...
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ORDER Before the Court is Defendant Johnny Goodman’s Motion to Dismiss. Defendant asserts the following grounds for dismissal: 1) Violation of the Speedy Trial Act for failure to proceed with a trial within seventy days of arraignment or first appearance pursuant to 18 U.S.C. § 3161(c)(1), and 2) violation of the Speedy Trial Act for failure to file an information or indictment within thirty day...
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MEMORANDUM OPINION AND ORDER Introduction Plaintiff, Taylor Publishing Company, and Defendant, Jostens, Inc., are competitors in the manufacture and sale of scholastic yearbooks. The major competitors in the yearbook market are Plaintiff, Defendant, Herff-Jones, Lifetouch, and Walsworth. Defendant and Plaintiff hold the number one and number two market positions, respectively...
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*360 MEMORANDUM OPINION AND ORDER I. INTRODUCTION This cause is before the court on Plaintiffs’ Motion for Conditional Class Certification and Authorization to Send Notice of Suit to Potential OpUn Plaintiffs, filed December 15, 1998 (Doc. # 18). In addressing this Motion, the court also considers the Memorandum in Opposition to Plaintiffs’ Motion for Class Certification and Authorization to Sen...
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OPINION This matter initially came before the Court on November 16, 1998, when plaintiff filed an application for an order to show cause why a writ of attachment should not issue for defendant’s out-of-state lawsuit. The Court first denied plaintiffs application, but after plaintiff filed a supplementary brief on November 30, 1998, the Court entered an order to show cause on December ...
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MEMORANDUM AND ORDER Defendants, Gemini Food Markets, Inc. and Wakefern Food Corp., both doing business as Shop Rite and the United Food & Commercial Workers Local 1776, now move for the entry of summary judgment in their favor as a matter of law on all of the plaintiffs claims against them in this “hybrid” action brought under the Labor Management Relations Act, 29 U.S.C. § 185. For ...
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I. INTRODUCTION A complete discussion of the background of this case is set forth in Newfound Management Corporation, General Partner of Newfound Limited Partnership v. Sewer, et al., 885 F. Supp. 727 (D.V.I. 1995) (the 1995 Opinion/ and should be referred to where relevant. The underlying issues concerning the boundaries and title to various parcels of property on the East...
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MEMORANDUM OPINION AND ORDER ON MOTIONS IN LIMINE The Federal Deposit Insurance Corporation (“FDIC”), as Receiver for Jefferson Bank & Trust (“JBT”), pursues this action against Refco Group, Ltd., Refco, Inc., Refco Capital Corporation, Refco Securities, Inc. (collectively “Refco”), and Kimberley Goodman.1 FDIC seeks actual and punitive damages, allegedly arising from Defendants’ conduct and that...
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OPINION The plaintiff, Connie Ranchez, filed this action under section 205(g) of the Social Security Act (the “Act”) as amended, 42 U.S.C. § 405(g), to review and set aside the final decision of the Commissioner of Social Security (the “Commissioner”) who denied her application for social security disability insurance benefits. PROCEDURAL BACKGROUND Plaintiff Ranchez filed an ap...
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*457 OPINION AND ORDER The matter before the court is the appeal by the State of Oregon, Department of Transportation, from the Memorandum Opinion of the United States Bankruptcy Court for the District of Oregon of August 6, 1998. The bankruptcy judge ruled that the Oregon Department of Transportation had a general unsecured claim because the obligation upon which the claim was b...
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DECISION AND ORDER On June 22, 1998, I denied a motion to dismiss plaintiff Budgetel Inns, Inc.’s claim of fraud in the inducement, finding that such claims as a rule are not barred by Wisconsin’s economic loss doctrine. See Budgetel Inns, Inc. v. Micros Systems, Inc., 8 F.Supp.2d 1137 (E.D.Wis.1998) (Budgetel I). As I recognized in that decision, my holding directly...
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ORDER This matter is before the court on the parties’ cross-motions for summary judgment. Based on a review of the file, record, and proceedings herein, and for the reasons stated, the court (1) grants CellNet’s motion on the issue of non-infringement; (2) grants Itron’s motion on the issue of the validity of Claim 36; and (3) denies each party’s remaining motions. BACKGROUND Th...
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33 F.Supp.2d 924 (1999) WEST COAST, INC., Plaintiff, v. SNOHOMISH COUNTY, a Municipal Corporation, Defendant. No. C98-1488L. United States District Court, W.D. Washington. January 20, 1999. William Mitchell Cogdill, Jr., Cogdill & Carter, Everett, WA, for West Coast Inc., plaintiff. *925 Joseph B. Genster, Snohomish County Prosecuting Attorney, Civil Division, Everett, WA, for Snohomish Count...
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DECISION AND ORDER Plaintiffs Leonard and Cindy Chapman and their son Kevin sued numerous defendants for committing various tortious acts in connection with the faulty inspection and negligent repainting of their home. Plaintiffs claim that Kevin suffers the effects of lead toxicity caused by the presence of lead-based paint in the house purchased by his parents. Rulings on sever...
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DECISION AND ORDER I. FACTUAL AND PROCEDURAL BACKGROUND The plaintiff, Unified Catholic Schools of Beaver Dam Educational Association (“UCPS”) is an unincorpprated educational association organized under Wisconsin law and the auspices of St. Patrick’s, St. Michael’s and St. Peter’s Parishes of Beaver Dam and the Archdiocese of Milwaukee. All of its members are Wisconsin citizens....
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*1207 MEMORANDUM OPINION AND ORDER This matter is before me on the government’s Motion for Reconsideration of October 21, 1998 Order Dismissing Count 2 of the Indictment, defendant Moore’s Motion to Dismiss Count 3 of the Superseding Indictment, and defendant Shuler’s Motion to Adopt Motion of Co-defendant to Dismiss Count 3 of the Superseding Indictment. For the reasons set fort...
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37 F. Supp. 2d 1130 (1999) UNITED STATES of America, Plaintiff, v. Thomas Frank COTRONEO, Defendant, City of St. Paul; St. Paul Urban League; State of Minnesota, Petitioners. Criminal No. 97-314(1). United States District Court, D. Minnesota. January 28, 1999. *1131 Susan Caroline Gretz, MN Atty General, St Paul, MN, for State of Minnesota. Jeffrey Abdul Hassan, Hassan & Reed, Mpls, MN, for S...
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35 F. Supp. 2d 699 (1999) Kevin CHAPMAN, a Minor, by his next friend and Legal Guardian, Cindy CHAPMAN, Cindy and Leonard Chapman, and Family Health Plan, Plaintiffs, v. MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Ralph Green Realtors, Inc., Richard Gurda d/b/a Gurdaco Income Property and Painting Company, ABC Insurance Company and Grace M. Oldenburg, Trustee and/or Personal Representative of the ...
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42 F.Supp.2d 628 (1999) Aundra WILLIAMS, Plaintiff, v. Paul HENSON and Scottsdale Insurance Co., Defendants. No. 2:98CV110-B-B. United States District Court, N.D. Mississippi, Delta Division. January 11, 1999. *629 Ellis Turnage, Ellis Turnage, Attorney, Cleveland, MS, William C. Walker, Jr., William C. Walker, Jr., Attorney, Oxford, MS, for Aundra Williams, plaintiff. Sam N. Fonda, Lott, Frankli...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION On the 25th day of September 1998, the above-styled matter came before the Court for consideration of the plaintiffs motion for a new trial (Document Number 152). The parties appeared by their counsel of record and presented oral arguments in support of their respective memoranda of law. After considering the above, the Court is of...
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MEMORANDUM OPINION AND ORDER Plaintiff Tony Wells (“Wells”), an inmate in the custody of the New York State Department of Correctional Services proceeding pro se, brings the instant action pursuant to 42 U.S.C. § 1983. Wells alleges that during his incarceration at Woodbourne Correctional Facility (“Woodbourne”), prison officials violated his civil rights by confining him for t...
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ORDER Upon de novo review this Report and Recommendation is hereby adopted and the cross motions for summary judgment are DENIED. The clerk will set the matter for a status conference. REPORT AND RECOMMENDATION REGARDING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Docket No. 2b) and PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Docket No. 27) NEIMAN, United States Magistrate Jud...
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MEMORANDUM ORDER This action arises from the attempt of defendant Street Players Holding Corporation (“Street Players”) to procure a license to market toys based on “South Park,” a popular animated cable television series owned by plaintiff Comedy Partners. After Street Players applied for a license in January of 1998, the parties entered into negotiations that Street Players claims r...
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MEMORANDUM OPINION This matter comes before the Court on Defendant, Washington Metropolitan Area Transit Authority’s (“WMATA”), Motion for Summary Judgment. 1 The following facts are undisputed: WMATA is an interstate agency that was established in 1996 through a congressionally approved interstate compact among the District of Columbia, Maryland, and Virginia. WMATA is charged with the ope...
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MEMORANDUM AND ORDER Plaintiff Harrison is a former administrative law judge (ALJ) who was engaged in the initial adjudication of workers’ compensation claims under Arkansas law. She alleges a violation of First Amendment rights (as incorporated by the Fourteenth Amendment) by reason of her termination in August 1998, by majority vote of the defendant members of the Workers’ Compensat...
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33 F.Supp.2d 1276 (1999) COALITION FOR CANYON PRESERVATION, a Montana non-profit corporation, and Wildlands Center for Preventing Roads, a Montana non-profit corporation, Plaintiffs, v. Rodney E. SLATER, in his capacity as Secretary of the Department of Transportation; James N. Hall, in his capacity as Division Engineer for Western Federal Division, Federal Highway Administration; Bruce Babbitt, ...
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OPINION AND ORDER I. Factual Background This is a criminal prosecution resulting from the indictment of Angel Rodríguez-Cabrera, also known as “Buzo”, a prominent political and community leader and mayor of the Toa Alta municipality, charging him with conspiracy to commit corrupt solicitation, substantive corrupt solicitation, and extortion, in violation of 18 U.S.C. §§ ...
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OPINION AND ORDER In the instant case the court entered an order granting co-defendant’s Pedro Toledo Dávila and Eduardo Soto Rosa an unopposed summary judgment dismissal based on the doctrine of Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), (Docket No. 156). Judgment was entered on July 21, 1998, and notified on July 23, 1998, (Docket No. 157). Pend...
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*1314 MEMORANDUM AND ORDER This case is now before the court upon a long-pending motion for new trial or judgment notwithstanding the verdict. This is a retaliatory discharge case. The jury in this case was given two questions pertaining to liability. The jury returned a verdict for the plaintiff by finding that plaintiff was discharged “in retaliation for sustaining an injury for which s...
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ORDER Pursuant to an Order of Reference for a Report and Recommendation in accordance with 28 U.S.C. § 636(b)(1)(B) and (C) by this Court, Magistrate Judge Andrew J. Peck issued a Report and Recommendation dated December 22, 1998, recommending that the Court grant defendant’s motion for judgment on the pleadings. Plaintiff subsequently filed written objections dated January 25, 1999, ...
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DECISION AND ORDER This matter comes before the Court on motions for summary judgment filed by the various defendants herein. The matter was scheduled to go to trial beginning January 11,1999, but the Court informed counsel that a criminal trial took precedence. However, the Court’s review of the summary judgment motions and other pleadings reveals that a trial, at least on the state law ...
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ORDER GRANTING CLAIMANTS’ MOTION FOR STAY OF PROCEEDINGS AND LEAVE TO FILE ACTION IN STATE COURT, DISMISSING CLAIMANT DOUGLAS MITCHELL BOHN, and closing Action for statistical PURPOSES I. INTRODUCTION This is an action under Admiralty Law for limitation of or exoneration from liability arising out of the death of Mrs. Edith Lambert, who died while a passenger aboard the Lake Michigan...
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*1379 ORDER Plaintiff has filed claims for violation of the Americans with Disabilities Act of 1990 (“ADA”), the Georgia Equal Employment for Persons with Disabilities Code (“GEEPDC”) and intentional and negligent infliction of emotional distress. Before the Court is Defendants’ Motion for Summary Judgment. For the reasons set forth herein, the Motion is GRANTED and the case DISMISSED. FACTS De...
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OPINION Presently before the court is Plaintiff Ted Hill Sr.’s Motion for Class Certification pursuant to Rule 23 of the Federal Rules of Civil Procedure. The plaintiff seeks to certify and define the class as follows: [A]ll persons who are, or were, subscribers to cable television service provided by Galaxy Telecom, L.P. either directly or through its use of d/b/a’s such as Galaxy Cablevision ...
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MEMORANDUM & ORDER Presently before the Court in these consolidated cases is the motion of the Idaho Potato Commission (the “IPC”) (doc. no. 122), brought pursuant to Fed.R.Civ.P. 12(b)(l)(3) and (6), to dismiss the counterclaims of M & M Produce Farms et ah, (“M & M”) and Majestic Produce Corp. et ah, (“Majestic”) on grounds of, inter alia, Eleventh Amendment Sovereign Imm...
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Opinion on Statutory Damages, Attorney Fees, and Costs Plaintiff Sara Lee Corporation (“Sara Lee”) filed this action claiming that the defendants produced and sold counterfeits of trademarked products of Sara Lee’s Coach Leatherware (“Coach”) division, in violation of the Trademark Act of 1946, codified as amended at 15 U.S.C. § 1051, et seq. (“Trademark Act”). The defendan...
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MEMORANDUM DECISION AND ORDER This matter comes before this Court on appeal from an October 16, 1998 Order of Judge Adlai S. Hardin, Jr., of the United States Bankruptcy Court for the Southern District of New York. That Order granted the motion of Gabriel Florio, the Debtor, to compel Ford Motor Credit Company (“FMCC”) to return two vehicles that FMCC had repossessed from the Debtor, and ...
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DECISION and ORDER This matter is before this Court on the defendant’s application [# 76], for a review of the Decision of the Magistrate Judge [# 75], to whom the case had been referred, granting a protective order to the United States allowing it not to participate in party discovery. For the reasons to be stated, the application is denied. BACKGROUND This is a qui tam action where a pr...
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DECISION AND ORDER This is an action pursuant to 42 U.S.C. § 1983, in which the plaintiff, a prison inmate, alleges that he was sexually assaulted by a corrections officer during a frisk, that the corrections officer filed a false misbehavior report regarding the incident, that as a result of the misbehavior report he was denied certain privileges, and that at his disciplinary hearing, th...
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MEMORANDUM AND ORDER Presently before the Court are the Motions to Dismiss of all Defendants on various grounds ranging from immunity to lack of jurisdiction to failure to state a claim upon which relief can be granted. Plaintiffs 1 complaint alleges that each of the Defendants violated his constitutional rights by conspiring to interfere with his due process rights and his rig...
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Memorandum Opinion This cause comes before the court on the plaintiffs motion to remand. 1 The court has duly considered the parties’ memoranda and exhibits, including Titan Indemnity Company’s supplemental response, and is ready to rule. A writ of garnishment issued in a state court wrongful death action, Cause No. 14-CI-94-0017, is the subject of the notice of remova...
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MEMORANDUM I. INTRODUCTION Plaintiff, Sphere Drake, P.L.C. (“Drake”), filed the instant declaratory judgment action against defendants 101 Variety, Inc., Papa Doe’s Lounge, Inc. t/a Papa Doc’s Lounge, and Randolf Hopson, individually and 1/a Papa Doe’s Lounge (collectively the “Named Insureds”). Plaintiff also named as defendants 52-Rose, Inc. t/a Stu’s Bar & Lounge, Carol Hawkins, i...
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*940 MEMORANDUM This case arises out of the acquisition by Aetna, Inc. (“Aetna”) of U.S. Healthcare (“USHC”) in a transaction first announced on April 1, 1996, consummated on July 19, 1996, and valued at $8.9 billion. Before the Court are two Motions to Dismiss Plaintiffs 1 Consolidated and Amended Class Action Complaint (“Amended Complaint”), one filed by Defendan...
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MEMORANDUM & ORDER The battle over whether Richard Glanton, on behalf of the Barnes Foundation, made a contract to exhibit art works is over. The battle over whether Rome’s officials slandered Mr. Glanton by calling him a “conman” is over. Yet the dogs of war still fight over the bones, i.e., the bills of costs. Enough is enough. Each side shall bear its own costs. Background As the facts of ...
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33 F.Supp.2d 1027 (1999) Lorna G. MADDIN, Plaintiff, v. GTE OF FLORIDA, INC., Defendant. No. 97-1648-CIV-T-17A. United States District Court, M.D. Florida, Tampa Division. January 27, 1999. *1028 James David Acosta, Acosta & Rose, P.A., Tampa, FL, for plaintiff. Gregory Alan Hearing, Thomas M. Gonzalez, Richard L. Bradford, Thompson, Sizemore & Gonzalez, P.A., Tampa, FL, for defendant. O...
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ORDER ON APPEAL This cause is before this Court on Appellant, UNITED STATES OF AMERICA [United Statesj’s, appeal from the amended *211 final judgment of the United States Bankruptcy Court for the Middle District of Florida in Adversary Proceeding Number 96-1199. STANDARD OF APPELLATE REVIEW This Court functions as an appellate court in reviewing a bankruptcy cou...
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MEMORANDUM OPINION This case involves an allegedly fraudulent commodity operation, Hanover Trading Corporation (“Hanover”) and presents a significant issue regarding the propriety of ordering disgorgement by a so-called “relief defendant” — one who is not charged with wrongdoing — of money allegedly traceable to the alleged wrongdoers. Facts The complaint in this case contai...
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MEMORANDUM OPINION AND ORDER Before the court is (1) defendant James Edwards’ motion to dismiss plaintiff Steven Lewis’ complaint and (2) Lewis’ amended complaint. For the following reasons, the court (1) denies Edwards’ motion to dismiss as moot and (2) dismisses Lewis’ amended complaint, granting him leave to submit a proposed second amended complaint by March 5,1999. I. BACKGROUND On...
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MEMORANDUM OPINION AND ORDER Pending is Defendant’s motion to dismiss. The time has passed for Plaintiff to file a response; and the Court considers the matter ripe for review. After careful consideration, the Court GRANTS the motion. *406 Plaintiff Gibbs’ case arose from a July 11, 1997 accident that occurred at the United States Postal Service’s West Virginia Processin...
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MEMORANDUM DECISION AND ORDER Plaintiff Anngela Cooper brings this action against defendants Wyeth Ayerst Lederle; International Chemical Workers Union Council, Local 143, of the United Food and *199 Commercial Workers Union (“Union”); and Richard Dumas, alleging sexual and racial discrimination, harassment, and retaliation in violation of Title VII of the Civil Rights Act of...
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OPINION AND ORDER Plaintiff Reese Schonfeld, on behalf of himself and derivatively as a one-third shareholder of International News Network, Inc. (“INN”), sues Russ Hilliard and his brother, Les Hilliard, for various damages arising from the breach of an oral contract. Under the alleged contract, the Hilliards were obligated to finance a contemporaneously executed interim supply agreement...
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OPINION AND ORDER TABLE OF CONTENTS I.Introduction. rH II.History of the Dispute. 1 — I III. Factual Background . ov rH A. The Parties. c* rH B. Product and Market Development. os rH 1. Pepperidge Farm. cs rH 2. Nabisco. Ci rH IV. Applicable Legal Standard. os rH V. Initial Threshold for Protectability of Trademarks .... os rH ...
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35 F. Supp. 2d 626 (1999) UNITED STATES of America, ex rel. James T. FOSTER, Petitioner, v. Jerry GILMORE, Respondent. No. 95 C 5037. United States District Court, N.D. Illinois, Eastern Division. January 22, 1999. Phyllis J. Perko, The Law Offices of Harlovic & Perko, West Dundee, IL, for James T. Foster. Steven R. Splitt, Attorney Registration & Disciplinary Commission, Chicago, IL, for...
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MEMORANDUM OPINION AND ORDER Plaintiff, Obras Civiles (“Obras”) seeks to recover $4,000,000 plus interest from defendants ADM Securities, Inc. (“ADMS”) and ADMS’s sole shareholder, ADM Investor Services, Inc. (“ADMIS”), allegedly due under the terms of a “payment commitment letter” dated December 11, 1995. Defendants have moved for summary judgment pursuant to Fed.R.Civ.P. 56. For the...
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MEMORANDUM OPINION AND ORDER The plaintiffs in this action (“the Named Plaintiffs”) have moved for class certification under Rule 23(b)(1) and (b)(2) for those claims not already certified under those sections and for certification of all claims but one under Rule 23(b)(3). The defendants and certain members of the class (“the Individual Plaintiffs”) do not oppose certification of a class but c...
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33 F. Supp. 2d 714 (1999) Armond COSEY, Plaintiff, v. CITY OF CHICAGO, and Robert Cargie, Star # 7572, Defendants. No. 97 C 6808. United States District Court, N.D. Illinois, Eastern Division. February 2, 1999. Janine L. Hoft, People's Law Offices, Chicago, IL, for Armond Cosey. Brian L. Crowe, Sharon Baldwin, City of Chicago, Law Department, Corporation Counsel, Chicago, IL, Allen Duarte, City o...
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33 F. Supp. 2d 794 (1999) PIONEER HI-BRED INTERNATIONAL, INC., Plaintiff, v. J.E.M. AG SUPPLY, INC., d/b/a Farm Advantage, Inc., et al., Defendants. No. C 98-4016-MWB. United States District Court, N.D. Iowa, Western Division. January 29, 1999. Daniel J. Cosgrove, Zarley, McKee, Thomte, Voorhees & Sease, P.L.C., Des Moines, IA, for Pioneer Hi-Bred International, Inc. Bruce Johnson, Steven P. ...
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ORDER In this case, plaintiffs (hereafter collectively “Concerned Citizens”) challenge the decision of the Interior Department’s Bureau of Indian Affairs (“BIA”) to approve a lease between the Rosebud Sioux Tribe and Sun Prairie, a Nebraska general partnership, for purpose of constructing and operating a sizable “pork production facility” (hereafter “the Facility”). See 25 ...
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33 F.Supp.2d 635 (1999) Alan JEREMY, Plaintiff, v. NORTHWEST OHIO DEVELOPMENT CENTER, Defendant. No. 3:98CV7049. United States District Court, N.D. Ohio, Western Division. January 19, 1999. *636 Terry J. Lodge, Toledo, OH, for Alan Jeremy, plaintiff. Jack W. Decker, Margaret Ann Telb, Office of the Attorney General, Employment Law Section, Columbus, OH, for Northwest Ohio Development Center, Stat...
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33 F. Supp. 2d 1111 (1999) SHELL OFFSHORE, INC., et al., Plaintiffs, v. HEEREMAC, et al., Defendants. No. CIV. A. H-98-1890. United States District Court, S.D. Texas, Houston Division. January 25, 1999. Tom Hutcheson, Houston, TX, for Plaintiffs. Jacks C. Nickens, Houston, TX, for Defendant Heerema entities and Dockwise entities. Innes MacKillop, Houston, TX, for Defendant McDermott entities. Kat...
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OPINION Pending before the court are cross-motions (docs. no. 30, 40) of the parties for summary judgment pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. Plaintiffs, Joan Jackson and Robert J. Obiecunas, acting as executors of the estate of Patricia A. Obiecunas, seek summary judgment with respect to a claim by the estate to the proceeds of an annuity contract. Interpleader de...
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MEMORANDUM OPINION Granting Plaintiffs Motion for Summary Judgment; Denying Defendant’s Motion for Summary Judgment This action is brought by the plaintiff, Dana M. Scheer, pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, seeking an order to compel the defendant, the United States Department of Justice (“DOJ”), to release reports compiled by the DOJ’s Office o...
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MEMORANDUM OPINION AND ORDER (1) DENYING DEFENDANT’S MOTION FOR ENTRY OF PARTIAL SATISFACTION OF JUDGMENT; (2) DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION FOR DISCOVERY SANCTIONS; (3) DENYING DEFENDANT’S MOTION TO DISSOLVE RECEIVERSHIP; AND (4) DENYING WITHOUT PREJUDICE MOTION BY BEHR INDUSTRIES, INC. TO INTERVENE On May 12,1998, the Sixth Circuit issued a decision remanding this cas...
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ORDER AND OPINION This matter is before the Court on Defendant’s'- Motion for Summary Judgment. Plaintiff brings this action alleging violations of his rights under the Americans with Disability Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq., and Ohio Revised Code (“Revised Code”) § 4112.02. 1 For the reasons stated below, Defendant’s Motion is hereby GRANTED. ...
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MEMORANDUM Plaintiff United States brings this action under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. § 9607, for recovery of costs incurred by the cleanup of the Yankee Chemical Corporation site from March 1992 to February 1993 and on June 17, 1994. Before the court are the parties’ cross motions for summary judgment. I BA...
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ORDER AND MEMORANDUM OF OPINION DENYING DEFENDANT’S MOTION TO QUASH SERVICE AND TO DISMISS COMPLAINT DUE TO LACK OF PERSONAL JURISDICTION This case is before the Court on a motion by defendant Phillips Industrial Services *599 (“Phillips”) to dismiss plaintiffs complaint for lack of personal jurisdiction and to quash service of process on Phillips. Plaintiff Advanced Polymer Sciences (“APS”...
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33 F. Supp. 2d 339 (1999) EAST WIND INDUSTRIES, INC. and Delaware East Wind, Inc., Plaintiffs, v. UNITED STATES of America, Defendant. No. CIV. A. 97-2615 (MLC). United States District Court, D. New Jersey. January 15, 1999. *340 Gretchen S. Kolb, Mann Law Associates, P.C., Cherry Hill, NJ, for Plaintiffs. Paul Blaine, Assistant United States Attorney, United States Attorney's Office, Newark, NJ,...
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MEMORANDUM OPINION This matter comes before the Court on cross-motions for summary judgment by plaintiff The Guardian Life Insurance Company of America (“Guardian-Life”), defendant Donna M. Goduti-Moore (“Goduti-Moore”), and third-party defendants Robert Beckett and National Pension Consultants (“NPC”). For the reasons stated, plaintiffs motion for summary judgment is granted, defendant’s...
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33 F.Supp.2d 488 (1999) WASHINGTON SPEAKERS BUREAU, INC., Plaintiff, v. LEADING AUTHORITIES, INC., Defendant. No. 98-634-A. United States District Court, E.D. Virginia, Alexandria Division. February 2, 1999. *489 *490 William H. Bode, Daniel E. Cohen, Bode & Beckman, LLP, Washington, DC, for plaintiff. Stephen A. Horvath, Trichilo, Bancroft, McGavin, Horvath & Judkins, P.C., Fairfax, VA, ...
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In this consolidated case, this Court has once again been called upon to address the viability of claims asserted against the Goodyear Tire & Rubber Company (“Goodyear”) by former employees or survivors of employees of Kelly-Springfield Tire Company (“Kelly-Springfield”). 1 Like other plaintiffs in earlier suits filed against Goodyear in this Court, the plaintiffs in these sixty-six ...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS EVIDENCE Presently before the Court is defendant Walter Wimb Hardeman’s motion to suppress evidence filed on October 26, 1998. The government filed its answer and brief in response on November 9, 1998. Defendant has not filed a reply brief. Defendant seeks to exclude statements, the shotgun, handguns and ammunition f...
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33 F. Supp. 2d 608 (1999) William A. FERGUSON, Plaintiff, v. Jeffrey T. HALL, Scott Smith, and the Township of Waterford, Defendants. Civ. A. No. 98-40118. United States District Court, E.D. Michigan, Southern Division. January 28, 1999. *609 Arthur Andrew Garton, Warren, MI, for Plaintiff. Cummings, McClorey, Davis & Acho, P.C. by T. Joseph Seward, Francis P. Dempsey, Livonia, MI, for Defend...
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36 F. Supp. 2d 1008 (1999) Jennie FRANKLIN, birth mother, and Elaine Quigley, sister, as next friends for Wilford Lee Berry, Petitioners, v. Rodney L. FRANCIS, Warden — Corrections Medical Center, Respondent. No. C1-98-136. United States District Court, S.D. Ohio, Eastern Division. January 29, 1999. *1009 J. Joseph Bodine, Jr., Jonathan W. Woodman, Laurence E. Komp, Ohio Public Defender Com'n, Co...
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MEMORANDUM OPINION AND ORDER This class action (the plaintiff class having been certified on November 5, 1998) arises from recent changes in the procedures used by the Illinois Department of Human Rights (“Department”) to evaluate discrimination claims. Class representatives Ricky Cooper, Anna Marie Klups and Chitunda Tillman (because their claims are identical except in one immaterial respec...
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*89 MEMORANDUM AND ORDER Germando Machado is a resident alien who, as a result of an October, 1995 conviction for trafficking in cocaine, is subject to deportation by the Immigration and Naturalization Service. He petitions for habeas corpus relief, seeking review, pursuant to 28 U.S.C. § 2241, of the Board of Immigration Appeals’ affirmance of the Immigration Court’s decision pretermitting his...
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33 F.Supp.2d 92 (1999) Steve CONNOLLY and Paul Adao, Plaintiff, v. Woodrow T. HARRELSON, Defendant. No. Civ.A. 96-12522-WGY. United States District Court, D. Massachusetts. January 27, 1999. *93 *94 Lee M. Berger, Berger & Markir, Buzzards Bay, MA, for Steve Connolly, Paul Adao, Plaintiffs. Robert D. Keefe, S.T. Miller, Hale & Dorr, Boston, MA, Richard E. Noon, E. Robert Browne, Strouse &...
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MEMORANDUM AND ORDER This memorandum is based upon the transcript of the decision rendered orally on January 22,1999, expressing the court’s intention to deny Cablevision of Boston, Inc.’s (“Cablevision”) Motion for Preliminary Injunction. This memorandum adds citations, deletes some colloquy, clarifies some language, and represents the court’s decision in this matter for the purpose ...
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33 F.Supp.2d 1269 (1999) Wolfgang EISERMANN, Petitioner, v. Eric PENAROSA, et al., Respondents. Civil No. 98-00789 DAE. United States District Court, D. Hawaii. January 28, 1999. *1270 Wolfgang Eisermann, Appleton, MN, pro se. Donn Fudo, Office of the Prosecuting Attorney, Honolulu, HI, for Respondents. ORDER DISMISSING PETITION DAVID ALAN EZRA, Chief District Judge. On September 28, 1998, Petit...
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ORDER GRANTING PLAINTIFFS’ MOTION FOR LEAVE TO FILE AMENDED COMPLAINT and DENYING PLAINTIFFS’ MOTION TO REMAND I. INTRODUCTION This action arises from alleged misrepresentations by defendant Richard J. Dem-ski (“Demski”) to plaintiffs Patrice and Terrence Mahon (“the Mahons”) regarding the extent of coverage under a health insurance policy obtained by the Mahons through an ERISA-cove...
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MEMORANDUM OPINION Presently before the court is a motion for summary judgment filed by defendant, Sam-ford University (“Samford”). For the reasons set forth herein, the motion is due to be granted. I. Background Plaintiff, Joycealyn L. Chandler (“Chandler”), is an African-American woman under forty years of age. She holds an associate’s degree in business administra...
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54 F. Supp. 2d 783 (1999) John GUTKA, Plaintiff, v. Kenneth APFEL, Commissioner of Social Security, Defendant. No. 97 C 7071. United States District Court, N.D. Illinois, Eastern Division. February 1, 1999. *784 Beth A. Alpert, Beth A. Alpert & Associates, Chicago, IL, for Plaintiff. James John Kubik, Asst. U.S. Atty., United States Attorney's Office, Chicago, IL, for Defendant. MEMORANDUM A...
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ORDER Currently pending before the Court is Defendant. Diane G. Law’s Memorandum of Law in Support of Motion for Stay of Execution on Real Property Pending Appeal. Plaintiff filed an Opposition to said Motion. Having reviewed said motions, as well as all memoranda both in support and opposition, as well as all relevant case law, the Court is now prepared to issue its ruling. I. On June 15, ...
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ORDER I. INTRODUCTION Defendants May and Martin have moved to dismiss Plaintiff McClendon’s complaint on several grounds. Similarly, Defendant Effingham County has filed a Motion for Judgment on the Pleadings. McClendon has responded to both motions. McClendon’s complaint advances the following five counts: (1) Assistant District Attorney May is liable for damages to McClend...
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MEMORANDUM OPINION Introduction This case arises out of a one-vehicle automobile accident in which the driver, Angela Lamonds, was ejected through the rear window of her 1988 Chevy Spectrum. Ms. La-monds was severely injured in the accident and suffered permanent brain damage. The plaintiff filed a motion for judgment in the Circuit Court for the County of Louisa, Virginia allegi...
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ORDER GRANTING DEFENDANTS’ SECOND MOTION FOR SUMMARY JUDGMENT This matter comes before the Court upon Defendants’ motion for summary judgment because Plaintiff has failed to come forward with clear and convincing proof of actual malice. Having reviewed the file and being fully advised of the premises, for the reasons that fohow, the Court FINDS and ORDERS that Defendants’ motion for summa...
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33 F. Supp. 2d 1281 (1999) Jose C. MAES, Plaintiff, v. William J. HENDERSON, Postmaster General, United States Postal Service, Defendant. No. CV-N-97-00597-ECR(RAM). United States District Court, D. Nevada. January 27, 1999. *1282 *1283 Gary M. Pakele, Reno, NV, for plaintiff. Kathryn El Landreth, U.S. Attorney by Shirley Smith, Asst. U.S. Atty., Reno, NV, for defendant. ORDER EDWARD C. REED, Jr...
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MEMORANDUM OPINION Background Presently before the Court is the ex parte application, filed February 3, 1999, of Mohamed A1 Fayed for an order directing the issuance of a subpoena to the United States National Security Agency (NSA), Ft. Meade, Maryland, requiring that agency (which collects electronic intelligence information related to the national security of the United States) to produce ce...
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MEMORANDUM OPINION AND ORDER This is an action brought against the United States of America and several individuals, growing out of an alleged rape of the plaintiff that was committed by her then-drill sergeant while both of them were active-duty soldiers stationed at Aberdeen Proving Ground, Maryland. The defendant United States of America has moved to dismiss, the plaintiff has oppo...
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ORDER DISMISSING AMENDED CLASS ACTION COMPLAINT On August 27, 1998, Daniel Hurtado filed this civil action arising out of his detention at Wackenhut Correctional Corporation, United States Immigration and Naturalization Detention Facility (WCC/INS) while awaiting deportation to Mexico as an “aggravated felon” under the current immigration laws. Hurtado could have appealed his deportation/...
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MEMORANDUM OPINION AND ORDER Plaintiffs Julie Reiskin (Ms. Reiskin) and Debbie Lane (Ms. Lane), who have disabilities requiring them to use wheelchairs for mobility, assert claims for violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12213 (1998), and the Colorado Anti-Discrimination Act (“CADA”), C.R.S. §§ 24-34-601-24-34-605 (1998). Plaintiffs submit a motion to cert...
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ORDER AND MEMORANDUM OF DECISION Plaintiff Virginia V. Morton (“Plaintiff’), personal representative of the estate of Lewis H. Carl (“Carl”), brings this negligence-based diversity action against Defendants Timothy Brockman, Event Specialists, Inc., ESPN Holding Company, Inc., and ESPN, Inc. (“Defendants”). Plaintiffs claim arises out of a June 27,1995 collision between a car driven by Carl and a...
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33 F.Supp.2d 1354 (1999) Richard FUSARO, et al., Plaintiffs, v. HIALEAH HOUSING AUTHORITY, Defendant. No. 97-2732-CIV. United States District Court, S.D. Florida, Miami Division. January 11, 1999. *1355 *1356 J.B. Harris, Coral Gables, FL, Nicholas A. Manzini, Manzini & Associates, P.A., Miami, FL, for plaintiffs. Edward G. Guedes, Weiss Serota Helfman Pastoriza & Guedes, P.A., Miami, FL,...
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OPINION I. INTRODUCTION Defendant Federal Home Loan Mortgage Corporation (“Freddie Mac”) has moved for summary judgment against plaintiff Deville Court Apartments’, a Delaware Limited Partnership (“Deville”), claim for damages arising from breach of contract. Freddie Mac argues that it is entitled to summary judgment because it did not breach a Loan Modification Agreement (“Agreement...
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MEMORANDUM AND ORDER This is a case brought under the provisions of the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601, et seq., implementing the Hague Convention on the Civil Aspects of International Child Abduction concluded on 25 October 1980. Briefly stated, the verified suit papers establish that the petitioner, a resident of Greece, has lawful c...
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ORDER THIS CAUSE came before the Court upon Defendant’s Renewed Motion to Dismiss (DE #32, filed September 3, 1997). Response and Reply have been filed. Defendant moves to dismiss Plaintiffs Complaint on the grounds that, inter alia, this Court lacks subject matter jurisdiction over Plaintiffs claim. The Court interprets this as a motion to dismiss for lack of subject ...
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OPINION AND ORDER Plaintiffs seek to recover against the defendants for a variety of actions relating to the sale and export of a number of trucks. Defendant Fred M. Dellorfano (“Dellorfano”), who was involved with plaintiffs’ subcontractor, has filed a motion to dismiss on the ground that this Court lacks personal jurisdiction over him. For the reasons stated, Dellorfano’s motion is ...
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OPINION AND ORDER Plaintiff John R. Mickowski (“Mickowski”) commenced this action for patent infringement pursuant to 35 U.S.C. § 271 against defendants Visi-Trak Corporation (“Visi-Trak”), John R. Vann (“Vann”), Jack Bran *174 den (“Branden”), and Ying Shen (“Shen”). Mickowski is the inventor and owner of U.S. Patent No. 4,504,920 (the “ ’920 patent”) and U.S. Patent No. Re....
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36 F. Supp. 2d 819 (1999) Willie McCLAIN, Petitioner, v. Thomas F. PAGE, Warden, Respondent. No. 98-CV-2121. United States District Court, C.D. Illinois, Danville/Urbana Division. February 3, 1999. Willie McClain, Menard, IL, pro se. Jay Paul Hoffmann, Office of the Attorney General, Chicago, IL, for respondent. ORDER McCUSKEY, District Judge. On May 11, 1998, Petitioner, Willie McClain, filed a...
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33 F. Supp. 2d 1033 (1999) KEEPSAKE, INC., a Florida corporation and Loura Dobbs, an individual, Plaintiffs, v. P.S.I. INDUSTRIES, INC., et al., Defendants. No. 98-1249-Civ-ORL-22B. United States District Court, M.D. Florida, Orlando Division. January 29, 1999. *1034 Herbert L. Allen, Brian R. Gilchrist, Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A., Orlando, FL, for Keepsake, Inc. and Lou...
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ORDER The plaintiffs, African-American citizens of defendant City of Greensboro, Alabama, brought this lawsuit about twelve years ago, claiming.that the at-large system used by the city to elect its city council violated § 2 of the Voting Rights Act of 1965, as amended, 42 U.S.C.A. § 1973. This lawsuit is one of many § 2 voting-rights cases that have been before the court challenging ...
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33 F. Supp. 2d 1322 (1999) PEARSON INDUSTRIES, INC., Plaintiff, v. PET FRIENDLY, INC., Defendant. No. Civ.A. 98-T-1157-N. United States District Court, M.D. Alabama, Northern Division. January 27, 1999. Joseph Lister Hubbard, Raymond L. Jackson, Jr., Capell & Howard, PC, Montgomery, AL, Doreen L. Costa, Susan L. Robertson, Baker & Botts, LLP, New York City, NY, for Pearson Industries, Inc...
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OPINION A prisoner and a prison doctor join together to bring this case. It must be dismissed. I. FACTUAL BACKGROUND Plaintiff Michael Massey is a prisoner at the Federal Correctional Facility in Pekin, Illinois (“Pekin Facility” or “Pekin”). He contends that he .did not receive proper treatment for a hernia and that this improper treatment constituted a denial of h...
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ORDER ON SUMMARY JUDGMENT MOTION This matter comes before the Court on the motion of defendant, Cummins Engine Co., Inc. (“Cummins”), seeking summary judgment on the claim against it brought by former employee Sharon Vinson (“Vinson”) under the Americans with Disabilities Act of 1990 (“ADA”).1 See 42 U.S.C. § 12112(a) (prohibiting discrimination against a qualified individual with a disability ...
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ORDER For the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that: 1. Respondent’s Motion to Dismiss is DENIED; 2. Petitioner’s Motion for Judgment, filed August 12,1998, is DENIED as moot; 3. Petitioner’s Motion for Judgment, filed September 10, 1998, is DENIED as moot; and 4. Respondent is ADVISED that it may file with the Court further dispositive ...
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MEMORANDUM OPINION Petitioner William Pradelski, currently in the custody of the Bureau of Prisons in Marion, Illinois, is serving a 46-month sentence for having been convicted of one count of laundering drug proceeds in violation of 18 U.S.C. § 1956(a)(3)(B). See App. for Writ of Habeas Corpus at 8. Pursuant to 28 U.S.C. § 2241, Pradelski, pro se, has petitioned for a writ of habeas corpus...
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ORDER AFFIRMING BANKRUPTCY COURT’S FINAL JUDGMENT THIS CAUSE comes before the Court upon cross appeals from the Final Judgment entered in the adversary action which arose during the pendency of a Chapter 11 proceeding. The Final Judgment and underlying Order Granting in Part and Denying in Part [Cross] Motions for Summary Judgment were entered January 16, 1998 by United States Bankrup...
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OPINION AND ORDER On March 26,1997, Defendant Larry Dean Dusenbery filed a motion for summary judgment in this forfeiture case. [Doc. 138]. On March 28, 1997, Plaintiff United States filed a motion for summary judgment. [Doc. 139]. Both parties supplemented their motions with later briefs. [Docs. 152, 154, 173, 174, and 175]. In this opinion, the Court must determine whether a genuin...
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MEMORANDUM BACKGROUND: On September 22, 1998, plaintiff T.R. Ashe, Inc., commenced this action with the filing of a complaint pursuant to 42 U.S.C. §§ 1983,1985, 1988, and the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO), 18 U.S.C. §§ 1961-1968. Stated succinctly, the complaint alleges that Ashe rented premises (a truck stop) from defendant Robert Bolus, ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW The above cause came on for a non-jury trial commencing December 15, 1998 and concluding on December 17, 1998, Honorable Samuel B. Kent presiding. The Court having carefully considered the testimony of all witnesses presented live and by deposition, all exhibits admitted during the course of the trial, all pleadings filed in the case, the Joint Pre-...
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OPINION AND ORDER On December 28, 1998, Plaintiff Funds moved this Court for an order declaring that defendants had previously waived their claim of privilege with regard to certain documents produced in other actions or before Congress [Doc 452]. In response, defendants claim that no waiver has occurred and that such documents remain privileged. With their opposition, the defendants ask ...
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MEMORANDUM OPINION This matter is before the Court on defendant’s motion to dismiss the indictment. Defendant argues that his prosecution in federal, rather than state, court is an unconstitutional attempt to avoid a jury pool consisting of greater numbers of African-Americans. For the reasons stated below, the Court is compelled to DENY the motion. I. FACTS The defendan...
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MEMORANDUM AND ORDER Presently pending before the Court is Defendants’ joint motion for summary judgment in this civil rights action, alleging violations of 42 U.S.C. §§ 1983, 1981, and 1985, stemming from the arrest of Plaintiff Earl Carson and the search of Plaintiffs’ residence. On or about March 6, 1998, this Court So Ordered a Stipulation of Discontinuance as against Defendants J...
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33 F.Supp.2d 1364 (1999) UNIVERSITY BOOKS AND VIDEOS, INC., d/b/a University Books, et al. Plaintiffs, v. METROPOLITAN DADE COUNTY, Defendant. Nos. 96-0952-Civ., 96-0962-Civ., 96-0995-Civ., 96-0996-Civ., 96-1141-Civ., 96-1143-Civ., 96-1337-Civ., 96-1338-Civ. and 96-1339-Civ. United States District Court, S.D. Florida. January 19, 1999. *1365 *1366 Clyde DeWitt, Los Angeles, CA, Luke Charles Lirot...
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MEMORANDUM — DECISION & ORDER Presently before the Court is an appeal by the College of St. Rose (the “College”) from the decision of the Bankruptcy Court discharging tuition debts owed the College by Defendant David Regner (“Regner”). I. BACKGROUND Regner began his undergraduate studies with the College in the fall semester of 1991. Regner regularly paid his tuition, through va...
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MEMORANDUM — DECISION & ORDER This is an antitrust case brought by an anesthesiologist against various hospitals and a group of anesthesiologists. Plaintiff Jonathan Korshin, M.D. (“Korshin”) claims violations of section 1 of the Sherman Act, 15 U.S.C. § 1 and section 4 of the Clayton Act, 15 U.S.C. § 15. 1 Korshin alleges that Benedictine Hospital (“Benedictine”), Kingston Hos...
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ORDER Plaintiff Lucille Harley brings a civil rights action under 42 U.S.C. § 1983 on behalf of her three grandchildren, Jountae Johnson and Jondell and Egypt Harley. She alleges a violation of their right to due process in connection with their removal from her home in 1990 after a report of suspected child abuse was filed against her by a physician at Long Island Jewish Hospital. In...
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OPINION The National Park Service (the “Park Service”) seeks to reinitiate its deer management program for Gettysburg National Military Park (“Gettysburg”) and Eisenhower National Historic Site (“Eisenhower”). The program, which calls for park rangers to shoot deer in a controlled harvest to maintain the population density, was in effect in 1996 and 1997. The Park Service suspended the progra...
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OPINION This case is before the Court on the supplemental briefs of the parties on defendants’ Motion No. 1, to dismiss Counts 5 and 6 (false statements), and the government’s motion for reconsideration of the Court’s dismissal of Counts 4 and 9 (false statements), as well as on defendants’ Motion No. 2, to dismiss Count 1 (conspiracy), or, in the alternative, to strike prejudicial surplusage...
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*349 OPINION AND ORDER Reasonable certainty in commercial affairs requires that considerable weight be given to the facial meaning of written .contracts; but too rigid adherence to a “plain meaning” rule may lead, ironically, to results that are at variance with industry norms and standard commercial practices. In attempting to resolve this never completely resolvable dilemma...
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MEMORANDUM & ORDER Plaintiff Gretchen Caola (“Caola”), a Massachusetts resident, brings this action against Defendants, Delta Air Lines, Inc. (“Delta”), and Delta Family Care Disability and Surviv-orship Plan (“the Delta Plan”)(both referred to collectively as “Defendants”). Caola is seeking from the Delta Plan recovery of denied short-term disability (“STD”) benefits, pursuant to the Emp...
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OPINION AND ORDER Defendant Daniel Morillo moves to stay the proceedings to allow counsel to inspect and copy all records of the court in the selection process of petit juries in this District and to allow defendants to retain an expert in the field of migration of Dominican nationals in Puerto Rico in order to assist defendant in mounting an attack on the jury venire premised on scientific a...
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47 F. Supp. 2d 164 (1999) UNITED STATES of America, Plaintiff, v. Yamil H. KOURI-PEREZ (01), Jeannette Sotomayor Vazquez (02), Defendants. No. Crim. 97-091(JAF). United States District Court, D. Puerto Rico. February 1, 1999. *165 Maria A. Dominguez Victoriano, Asst. U.S. Attorney, Guillermo Gil, U.S. Attorney, San Juan, PR, for plaintiff. Benny Frankie Cerezo, San Juan, PR, for Kouri-Perez, defe...
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MEMORANDUM AND ORDER This is an action for judicial review of a nondisability determination by plaintiff Albert D. McKenney. McKenney requests the court to reverse the decision of the Secretary and grant him-judgment, or in the alternative, to remand the case to the Secretary for further proceedings. McKenney seeks disability insurance benefits under Title II of the Social Security Ac...
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ORDER DENYING TRANSFER OF VENUE Defendants have strongly argued in favor of transferring these consolidated suits to the U.S. District Court for the Western District of Pennsylvania at Pittsburgh, under the provisions of 28 U.S.C. § 1404(a) which plaintiffs have vehemently opposed. The court having reviewed the documents on file as well as the arguments presented by the parties hereby...
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ORDER AND MEMORANDUM OF DECISION Plaintiff Mary Hewett (“Plaintiff’) brings this action against Defendants Inland Hospital (“Inland”) and Brian Gretta, M.D. (“Gretta”). Plaintiff alleges that Inland violated its duties pursuant to the Emergency Medical Treatment and Active Labor Act, 42 U.S.C.A. § 1395dd (West Supp.1998) (“EMTALA”) (Count I) 1 and that Inland and Gretta were ne...
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MEMORANDUM-DECISION & ORDER The present action arises out of a Complaint filed on August 13, 1998 by Schomann International Corporation (“Schomann” or “Plaintiff”) against Northern Wireless, Ltd. (“Northern”) and Curt Koch (“Koch”) (collectively the “Defendants”), alleging breach of contract relating to the purchase of equipment and construction and installation of cellular telecommunicat...
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65 F. Supp. 2d 410 (1999) Carliss A. McCARTHY, Sr. and Bonnie Jean McCarthy Individually and on Behalf of Their Three Minor Children v. DANEK MEDICAL, INC., Sofamor Snc, and Sofamor Danek Group, Inc. No. CIV.A. 95-1667. United States District Court, E.D. Louisiana. January 5, 1999. David B. Allen, Stephen M. LaRussa & Associates, Houma, LA, Daniel E. Becnel, Jr., Law Offices of Daniel E. Becn...
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33 F.Supp.2d 817 (1999) Michael T. HARTIG, Plaintiff, v. PROFESSIONAL LAUNDRY MANAGEMENT SYSTEMS, INC., Defendant. No. 4:97-CV-1985 CAS. United States District Court, E.D. Missouri, Eastern Division. January 20, 1999. *818 David M. Heimos, Heimos Law Office, Clayton, MO, Michael T. Hartig, for Michael T. Hartig, plaintiff pro se. David L. Baylard, Partner, Christopher W. Jensen, Briegel and Bayla...
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REPORT AND RECOMMENDATION This is an action apparently brought pursuant to 42 U.S.C. § 1983. The plaintiff alleges deprivation of rights secured to him by the Fifth, Eighth and Fourteenth Amendments to the United States Constitution. The pro se plaintiff, Samuel Wilson, is incarcerated at the Adult Correctional Institutions (ACI), Cranston, Rhode Island. The plaintiff contends that he has been c...
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DECISION AND ORDER Barbara Mattias (“plaintiff’) was working for Computer Sciences Corporation when she suffered a back injury in January 1995. She has sued her employer, Continental Casualty Company and the CNA Insurance Companies (collectively “defendants”) for long term disability payments that she believes she should receive under Computer Sciences Corporation’s ERISA plan. Plaint...
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33 F.Supp.2d 1304 (1999) Steven W. GERIG, Plaintiff, v. KRAUSE PUBLICATIONS, INC., a Wisconsin corporation, Defendant. No. 98-1043-JTM. United States District Court, D. Kansas. January 12, 1999. Robert W. Coykendall, Susan R. Schrag, Morris, Laing, Evans, Brock & Kennedy, Chtd., Wichita, KS, for plaintiff. Jack Focht, Foulston & Siefkin L.L.P., Wichita, KS, Andrew Jackson Gray, IV, Simor ...
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MEMORANDUM AND ORDER WCCO Belting, Inc. (“WCCO”) and Prime-Wood, Inc. (“PrimeWood”) have filed a motion to dismiss Morrison’s first amended complaint for improper venue and lack of personal jurisdiction, pursuant to Fed. R.Civ.P. 12(b)(2) & (3). Morrison Company, Inc. (“Morrison”) has filed a response to the motion, as well as a motion for leave to file a sur-reply to the defendants’ ...
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*1276 MEMORANDUM ORDER The present action involves a claim for gender discrimination by plaintiff Barbara Poore against her employer, Rooks County, Kansas. Rooks County has moved for summary judgment on Poore’s claims. For the reasons stated herein, the court will grant the county’s motion. Summary judgment is proper where the pleadings, depositions, answers to interroga...
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ORDER ON MOTION TO INTERVENE Several candidates for state office, would-be contributors, the Libertarian Party of Maine, the Maine Right to Life Committee Political Action Committee State Candidate Fund and the National Right to Life Political Action Committee State Fund have sued the Maine Commission on Governmental Ethics and Election Practices, the Maine Secretary of State, and the Mai...
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MEMORANDUM OF DECISION AND ORDER This is a medical malpractice action against Mid-Coast Hospital for the brain and neurological damage sustained by Julian Harvey in April of 1993. Plaintiffs in this action, Dermot and Emily Harvey (“the Harveys”), parents of Julian Harvey, have moved pursuant to Fed.R.Civ.P. 56 for summary judgment to dismiss Defendant Mid-Coast Hospital’s affirmative def...
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MEMORANDUM OF DECISION AND ORDER The Court issued an order sua sponte requesting the parties to file written memo-randa regarding the Court’s jurisdiction over the subject matter of this case. The Plaintiffs, Madelyn and George Huffmire, (“the Huffmires”) in this action assert that the Court has both diversity and federal question jurisdiction. The Defendants (referred to colle...
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MEMORANDUM WITH REGARD TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Docket No. 18) and DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Docket No. 21) The Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400, et. seq., as amended, and Massachusetts General Law chapter 71B charge a local education agency (“LEA”) with providing a free appropriate public education to all children with...
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OPINION In this action brought by plaintiff Alisubel Carballo on behalf of her minor child, Heria-berto Cortes (“Heriaberto”), pursuant to 42 U.S.C. § 405(g) to obtain judicial review of a final decision by defendant Kenneth S. Apfel, Commissioner of the Social Security Administration (the “Commissioner”), denying the application of Carballo’s child for Supplemental Security Income (“...
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DECISION AND ORDER Plaintiff Bashir Hameed (“Hameed”) brings this civil rights action pursuant to 42 U.S.C. § 1983, alleging that the Defendants violated his First, Eighth and Fourteenth Amendment rights. Currently pending is Defendants’ motion for summary judgment. The matter comes before the Court following a Report-Recommendation filed on October 28, 1998 by the Honorable Gary L. S...
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OPINION I.INTRODUCTION After a trial on the merits, the United States Bankruptcy Court for the Eastern District of Pennsylvania held that the debtors’ trust, the corpus of which is real property, is their nominee as co-trustees for the benefit of their minor son, even though it had previously found that the trust was validly created and not a sham, and that the conveyance of the property to...
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This appeal presents the question whether the bankruptcy court erred in holding that a debenture did not, as a matter of law, include original issue discount (“OID”). Concluding that the bankruptcy court erred, its judgment is reversed and this adversary proceeding is remanded for further proceedings. I The relevant background facts are largely undisputed and may be found in the bankr...
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ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND REMANDING CASE TO STATE COURT Before the Court is the Plaintiff, Georgia Douklias’s, Motion for Default Judgment and Sanctions for Defendant’s Failure to Comply to Order of Court. This motion was referred to United States Magistrate Judge Diane Vescovo for a Report and Recommendation. On December 16, 1998, a Report and Recommenda...
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ORDER DENYING LOUISE SEBASTIAN MARTIN’S MOTION TO RECONSIDER THIS MATTER came for consideration on Martin's motion to reconsider the 12/23/98 Order, in part. American Bankers filed opposition to the motion and Martin filed a reply to the opposition. The 12/23/98 Order provided in relevant part: 7. Defendant shall fully respond to the following by December 28, 1998 (prior to depositions): *363(a) D...
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AMENDED MEMORANDUM DECISION In this RICO and securities fraud case, several defendants move to suppress wiretap evidence. For the reasons set forth below, the motions are denied, except that the request to suppress recordings intercepted by the government after the period of authorization had expired for two of the wiretaps is granted. BACKGROUND The superseding indictme...
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MEMORANDUM AND ORDER Presently before the Court is the government’s in limine motion seeking a determination that the attorney-client privilege is not a bar to the introduction of certain testimony sought to elicited from James B. McKinney, Jr., Esq. (“McKinney”). McKinney is an attorney who was associated with the now defunct law firm of Bower & Gardner (“B & G”). B & G re...
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MEMORANDUM OPINION AND ORDER Pursuant to 42 U.S.C. § 1983, plaintiff Paul Szucs brings the instant action against defendant Committee of Interns and Residents (“CIR”), a labor union, alleging that CIR conspired with plaintiffs employer, Bronx Municipal Hospital Center (“BMHC”), *225 to deprive plaintiff of his rights under a collective bargaining agreement. Specifically, plai...
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MEMORANDUM OPINION Petitioner, a Virginia inmate proceeding pro se, filed this federal habeas petition after the denial of three successive state habeas petitions and more than one year after his judgment of conviction became final. These facts present the question whether the prior state petitions were “properly filed” under 28 U.S.C. § 2244(d), so as to toll the one-year limitations perio...
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MEMORANDUM OPINION Before the Court are the parties’ cross-motions for summary judgment. There are three issues now before the Court: (1) whether a settlement agreement between the parents of these parties prohibits AT & T Communications of Virginia, Inc. (AT & T) from bringing this action; (2) whether this action should be dismissed without prejudice as a result of the Supreme Court’...
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DECISION AND ORDER In 1997, Ronald Pleva lost his positions as chairman, member and administrative officer of the board of zoning appeals of the city of Milwaukee [the “board”]. He alleges that this was the product of a conspiracy among the defendants, and the circumstances surrounding the loss of his positions give rise to his claims for violation of 42 U.S.C. § 1983, age discrimination,...
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MEMORANDUM OPINION AND ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Plaintiff Tammi McDaniel brought this action on behalf of the heirs of Sandy McDaniel, who died as a result of head injuries he received in a motorcycle accident on July 14, 1995. Plaintiff alleges that defects in the retention system of the helmet McDaniel was wearing — which was manufactured by defendant Bieffe Helm...
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33 F.Supp.2d 806 (1999) Hye S. THOMPSON, Plaintiff, v. OLSTEN KIMBERLY QUALITYCARE, INC., Defendant. No. CIV. 97-11 (JRT/RLE). United States District Court, D. Minnesota. February 4, 1999. *807 *808 Clayton D. Halunen, Law Office, Minneapolis, MN, for plaintiff. Andrew J. Boling and Patricia O. O'Brien, Baker & McKenzie, Chicago, IL, and Joseph *809 J. Roby, Jr. and David M. Johnson, Johnson,...
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MEMORANDUM OPINION AND ORDER THIS MATTER is before the Court on Plaintiffs Objection to Form of Judgment and Request for Amendment, filed November 6, 1998 [Doc. No. 67], Plaintiffs Motion to Amend Judgment to Include Pre- and Postjudgment Interest, filed November 13, 1998 [Doc. No. 74], Plaintiffs Motion for an Award of Attorney’s Fees, filed November 30, 1998 [Doc. No. 84], Ferguson ...
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MEMORANDUM DECISION In this ease, plaintiffs are asbestos workers who claim that their employers violated the Fair Labor Standards Act (the “FLSA”) and the New York Minimum Wage Act (the “NYMWA”) by failing to pay them overtime compensation at the rate of one and one-half times their regular rate of pay. Plaintiffs contend that whenever they worked more than forty hours per week, defendants p...
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MEMORANDUM AND ORDER Presently before the Court is the habeas petition of David Wood pursuant to 28 U.S.C. § 2254. For the reasons that follow, the petition is denied. BACKGROUND On September 10,1983, in Baldwin, New York, petitioner killed Debra Drysdale and Douglas McMullen by shooting each three times at close range with a .357 Magnum handgun. Subsequently, petitioner turned himself ...
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*264 MEMORANDUM ORDER This bankruptcy appeal requires this Court to determine whether the Internal Revenue Service perfected its federal tax lien against debtor Ronald D. Focht, thereby entitling the IRS claim to priority. Debtors Ronald D. Focht and Lois E. Focht, husband and wife, reside at R.R. 1, Box 258, Martinsburg, Blair County, Pennsylvania. R.-dkt. no. 11, exh. 5. To...
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51 F. Supp. 2d 1014 (1999) Gary CAUCHI, Plaintiff, v. Paula J. BROWN, Silvana Rice, M. Brown, Defendants. No. CV-F-98-6125-REC-DLB. United States District Court, E.D. California. January 21, 1999. *1015 G. Patrick Jennings, United States Department of Justice, Tax Division, Washington, DC, for Defendants. Gary Cauchi, Fresno, CA, pro se. ORDER DENYING PLAINTIFF'S MOTION TO REMAND AND GRANTING DE...
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ORDER DENYING RESPONDENT’S MOTION TO DISMISS AND REQUIRING AN ANSWER TO THE HABEAS PETITION I. Introduction This is a habeas corpus action under 28 U.S.C. § 2254. The habeas petition and exhibits allege that, on April 11, 1985, petitioner was convicted in Wayne County, Michigan of first-degree felony murder, armed robbery, and possession of a firearm during the commission of a felony. On ...
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LETTER OPINION ORIGINAL ON FILE WITH CLERK OF THE COURT Dear Counsel: This matter comes before the Court on defendants’ motion to dismiss the Amended Class Action Complaint. The Court heard oral argument on October 29, 1998. For the reasons explained below, defendants’ motion is GRANTED and the Amended Class Action Complaint is DISMISSED WITH PREJUDICE as to the federal ...
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OPINION AND ORDER Morgan Guaranty Trust Company of New York has brought this action to collect an alleged deficiency on a July 31,1996 Demand Note issued by defendants Stanford W. Crane, Jr. and Melissa Crane. The Cranes counterclaim for damages resulting from, among other things, Morgan’s alleged improper liquidation of stock pledged as collateral pursuant to the note. Morgan has now...
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OPINION Presently pending before the Court is the Report and Recommendation of the United States Magistrate and Tyrone Jenkins’ objections to the Report and Recommendation. Jenkins, acting pro se, filed a petition for writ of habeas corpus challenging the constitutionality of his state court convictions pursuant to 28 U.S.C. § 2254. On July 24,1997, this Court issued a Memorandum Opinion ...
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OPINION AND ORDER DENYING DEFENDANT’S MOTIONS TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS AND TO CONSOLIDATE COUNTS FOR MULTIPLICITY AND SEVER COUNTS FOR IMPROPER JOINDER I. INTRODUCTION In the instant prosecution, a four-count Second Superceding Indictment charges Defendant with felon in possession of firearm, felon in possession of ammunition, interception of wire ...
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MEMORANDUM OPINION AND ORDER BACKGROUND On July 29, 1996, plaintiffs D. Pelfresne (“Pelfresne”) and S. Eisenberg (“Eisenberg”) filed a seven-count complaint against defendants Donald E. Stephens (“D.Stephens”), individually and as the Village President, 1 Lorraine Clemmensen, John Dorgan, Anthony Esposito, Jack Hasselberger, Emmett Mi-chaels, Bradley Stephens, individu...
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OPINION This action raises the issue of who is legally responsible for the costs incurred in the environmental clean up of real property referred to by the parties as the Hoyt Street railyard (the “Property”). Hoyt Street Properties, L.L.C., an Oregon limited liability company (“Plaintiff’), is the present owner of the Property. Defendant Burlington Northern & Santa Fe Railway ...
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61 F.Supp.2d 831 (1999) UNITED STATES of America, Plaintiff, v. INDIANAPOLIS BAPTIST TEMPLE, Gregory Jerome Dixon, and NBD Bank, Inc., Defendant. No. IP 98-0498 C B/S. United States District Court, S.D. Indiana, Indianapolis Division. January 19, 1999. Harold Bickham, Asst. U.S. Attorney, Indianapolis, IN, Douglas Snoeyenbos, Trial Attorney, Tax Division, United States Department of Justice, Wash...
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MEMORANDUM Plaintiff, Teresa Pittman (“Plaintiff’), has brought this action against Defendant Continental Airlines, Inc. (“Defendant”) under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq. (1994) (“Title VII”), and the Pennsylvania Human Relations Act, 43 Pa. Cons.Stat. § 951 et seq. (1991) (“PHRA”). Plaintiff claims that Defendant discriminat...
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DECISION and ORDER JURISDICTION This matter was referred to the undersigned by order of Hon. Richard J. Arcara dated January 29, 1998 for all pretrial matters. It is presently before the court on Defendants’ motion, filed December 11, 1998, to compel Plaintiffs appearance at an oral deposition noticed for February 1, 2, and 3, 1999. BACKGROUND In this civil rights action alleging that while incarc...
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DECISION AND ORDER Plaintiffs, C. Wesley Gregory, III (“Gregory”), C. Wesley Gregory, Jr. (“Junior”), Donald E. Gordon (“Gordon”), and Waste Stream Environmental, Inc. (“Waste Stream”) (collectively “plaintiffs”), commenced this action against defendants, Pocono Grow Fertilizer Corporation (“Pocono Grow”), Bruce Ecke, and Karen Ecke (collectively “defendants”), for a declaratory judgm...
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MEMORANDUM OPINION AND ORDER Before the court is defendant Paramount Liquor Company’s motion to dismiss plaintiffs Central States, Southeast and Southwest Areas Pension Fund and Howard McDou-gall’s complaint because (1) this is a duplica-tive action and (2) the complaint fails to state a claim under Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, the court grant...
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OPINION Plaintiff failed to appear for jury trial. The Court, the jury, and the Defendant were ready to proceed. Plaintiffs counsel said she could not proceed without her client. Plaintiffs fifth motion for continuance is denied. Defendant’s motion for involuntary dismissal is allowed. I. Background A. Procedural History Plaintiff Kristin Moffitt (“Moffitt”) filed this action against her former...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court upon the Report and Recommendation of Magistrate Judge David S. Perelman. The Court ADOPTS the Report and Recommendation (Document # 16), submitted on December 3, 1998, and FURTHER DETERMINES that §§ 167.01, 167.02, 167 .03, and portions of § 167.05, of the Codified Ordinances of the *576 City of Seven Hills, are...
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OPINION and ORDER Before the court is Defendants’ motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the motion is granted. I. BACKGROUND 1 Plaintiff Thomas Pollastrini (“Pollastrini”) was a career union patternmaker. In early 1962, he attended a union meeting in Oakland, California along with “all of the other union me...
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MEMORANDUM OF DECISION AND ORDER Before the Court, sitting in its miscellaneous capacity, is a Motion for a preliminary injunction by Plaintiffs Marc Brown, Marc Brown Associates Limited Partnership, and Arthur Worldwide Corporation (collectively “plaintiffs”). Plaintiffs seek to enjoin defendants from copying or using in any way plaintiffs’ trademark cartoon characters. For the reaso...
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MEMORANDUM OF DECISION AND ORDER Presently before the Court is the motion of the debtor and defendant-appellant, Andrew Holtmeyer (the “Debtor” or “Holtmeyer” or “Appellant”), for an Order staying enforcement of the Judgment signed by United States Bankruptcy Judge Stan Bernstein, on December 24,1998 and entered on December 28, 1998, against the Debtor in the sum of $66,166.18 plus st...
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MEMORANDUM-DECISION AND ORDER In 1989, the United States Army (“Army”) asked plaintiff to furnish credit union services to the troops stationed at Fort Drum, New York. The Army gave plaintiff a Right of Entry document, which authorized plaintiff *223 to conduct business at Fort Dram and to erect a building for this purpose on 2.9 acres of Fort Drum land. Plaintiff claims it complied with all ...
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MEMORANDUM OF DECISION AND ORDER On this motion by the defendants to vacate their default, the Court is disturbed by the conduct of the Nassau County Attorney’s Office which prompted the entry of the default. That conduct can only be described as deliberately indifferent to this case, and disdainful of the time of the Court and the plaintiffs attorney. At issue is whether the actions of the Coun...
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OPINION The Secretary of Labor has filed an enforcement action against an employer for alleged violations of the Fair Labor Standards Act. May an employer file a counterclaim, in that enforcement action, against the Secretary of Labor? The employer may, pursuant to the Administrative Procedure Act, if the Secretary of Labor’s action constitutes a final agency action. I. BAC...
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OPINION In this case, Plaintiff, Lisa Selph (“Selph”), has sued her former employer, Gottlieb’s Financial Services, Inc. (“Gottlieb’s”), under the Michigan Elliotl^Larsen Civil Rights Act (“Effiott-Larsen Act”), M.C.L. §§ 37.2101 to .2804, alleging hostile work environment sexual harassment. Selph also alleges claims for constructive discharge, breach of employment contract, intentional infli...
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35 F. Supp. 2d 135 (1999) Brian A. ZUCKERMAN, et al., Plaintiffs, v. MCDONALD'S CORPORATION, Defendant. No. Civ.A. 95-CV-30044-MAP. United States District Court, D. Massachusetts. February 9, 1999. *136 Mark I. Berson, Levy Winer Law Office, Greenfield, MA, Robert Zarco, Rosa I. Rodriguez, Zarco & Pardo, Miami, FL, for Brian A. Zuckerman, Martha W. Zuckerman. Alice E. Zaft, Cooley, Shrair, Al...
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OPINION AND ORDER Plaintiff Daryl Little’s civil complaint for return of property is now before this Court on remand from the United States Court of Appeals for the Sixth Circuit. The case has been remanded for this Court’s decision as to whether the doctrine of laches bars Plaintiffs claim, insofar as he seeks the return of two automobiles that were seized by the federal government in Februa...
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AMENDED ORDER DENYING MOTION TO SUPPRESS TESTIMONY [¶ 1] Defendant Clifford filed a motion to suppress the testimony of anticipated prosecution witnesses, Doc. 57, and defendant Marquez filed a notice of intent to join the motion of his co-defendant, Doc. 73. The government filed a response, Doc. 72. This motion presents very substantial questions related to the appropriate interpretation of 18...
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36 F. Supp. 2d 922 (1999) Yue YU, et al., Plaintiffs, v. Douglas BROWN, et al., Defendants. No. CIV 97-1491 MV/WED. United States District Court, D. New Mexico. January 28, 1999. *923 *924 Richard W. Hughes, John L. Sullivan, Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Schoenburg, Santa Fe, NM, John W. Lawit, Albuquerque, NM, for plaintiffs. Michael H. Hoses, Joan M. Hart, U.S. Attorney's...
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OPINION AND ORDER REGARDING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT I. INTRODUCTION This “reverse sex discrimination” case is presently before the Court on Defendants’ Motions for Summary Judgment. Plaintiff has responded to Defendants’ Motions to which Response Defendants have replied. Having reviewed and considered the parties’ briefs and supporting evidence and having...
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MEMORANDUM OPINION AND ORDER Phoenix Consulting, Inc., a Washington, D.C. corporation, has brought this action for breach of contract against the Republic of Angola. Before this court is Angola’s renewed motion to dismiss. Angola contends that it has not been served and, consequently, this court lacks personal jurisdiction. Angola also asserts that because the only exceptions arguably pertinent...
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MEMORANDUM In this admiralty action plaintiff Van Om-meren Bulk Shipping B.V. (“Van Ommeren”) seeks indemnification from defendant Cooper/T. Smith Stevedoring Co., Inc. (“Cooper/T.Smith”) for damage caused to 15 *470 stainless steel coils shipped from Antwerp, Belgium to Baltimore, Maryland. Van Om-meren, the charterer of the vessel, settled the underlying damage claim with t...
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37 F. Supp. 2d 417 (1999) John A. LANGWORTHY, Plaintiff, v. Robert L. DEAN, et al., Defendants. No. Civ.A. AW-98-2631. United States District Court, D. Maryland. February 8, 1999. *418 John A. Langworthy, pro se. J. Joseph Curran, Jr., Attorney General of Maryland and Elisabeth A. Sachs, Assistant Attorney General, for defendants Robert L. Dean, Richard P. Crane, and Sue Dudley. Charles W. Thomps...
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OPINION Plaintiff David Ziemba has brought this employment discrimination case for actions that allegedly occurred while he was a Contract Specialist with the Coast Guard Academy (“Coast Guard”) in New London, Connecticut. Defendant Rodney Slater, Secretary of the U.S. Department of Transportation, has moved to dismiss several of the claims raised in plaintiffs three-count complaint. ...
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OPINION This case arises from the alleged workplace sexual harassment of plaintiff Deborah Briggs by a co-worker, Robert Andrews. As a Postal Service employee, plaintiff was required to pursue her grievances through administrative channels applicable to employees of federal government agencies. Defendant William J. Henderson, Postmaster General of the U.S. Postal Service Agency, has m...
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OPINION Plaintiff, Deirdre 1 Murphy, brings this action under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., (“FDCPA”), 2 for defendant, Equifax Check Services, Inc.’s alleged violation of the FDCPA in connection with written communications sent to her in its efforts to collect a consumer debt 3 owed by her to the GAP St...
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MEMORANDUM AND ORDER RE: DEFENDANT GANICK, O’BRIEN’S MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED AND SUPPLEMENTAL COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED (DOCKET ENTRY #31); MOTION TO DISMISS OF DEFENDANT MASSACHUSETTS HIGHER EDUCATION ASSISTANCE CORPORATION (NO DOCKET ENTRY NO. ASSIGNED) Defendant Ganick, O’Brien & Sarin (“GOS”), a Massachusetts law f...
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DECISION AND ORDER (1) GRANTING, IN PART, PLAINTIFFS’ MOTION TO RECONSIDER JULY 22, 1998 ORDER; (2) GRANTING PLAINTIFFS’ MOTION FOR LEAVE TO FILE AFFIDAVITS; and (3) DENYING DEFENDANTS’ MOTION TO STRIKE AFFIDAVITS I. INTRODUCTION The court granted summary judgment in favor of the defendants in this action on July 22, 1998. Plaintiffs now move the court to reconsider that decision pur...
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41 F. Supp. 2d 611 (1999) GALEN-MED, INC., etc., Plaintiff, v. Farrell D. OWENS, et al., Defendants and Third-Party Plaintiffs, v. Benefit Plan Administrators, Inc., et al., Third-Party Defendants. Civil Action No. 98-0202-A. United States District Court, W.D. Virginia, Abingdon Division. January 19, 1999. Kevin S. Blair, Woods, Rogers & Hazlegrove, P.L.C., Roanoke, VA, for Galen-Med, Inc. an...
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OPINION AND ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION I. INTRODUCTION On May 27,1998, Magistrate Judge Steven D. Pepe issued a Report and Recommendation (“R & R”) recommending that the Court deny Petitioner’s October 29,1997 motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c)(2). Petitioner timely filed objections to the R & R on June 9, 199...
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OPINION This action arises from defendants’ termination of plaintiffs employment, allegedly in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (the “ADA”), and the New York State Human Rights Law, N.Y.Exec.Law § 290 et seq. (the “NYSHRL”). Now before the court is defendants’ motion for summary judgment. BACKGROUND Defendant Charles Van Nostrand (“Van Nostrand”)...
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MEMORANDUM ReMed Recovery Care Centers (“ReMed”), brings this action against the Township of Willistown, Pennsylvania (‘Wil-listown”) and the Township’s Zoning Hearing Board (“Board”), under the Fair Housing Amendments Act of 1988 (“FHAA”), 42 U.S.C. § 3601 et seq. ReMed seeks an injunction preventing Willistown from enforcing its zoning ordinance so as to prohibit ReMed fr...
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DECISION AND ORDER I. Procedural Background Plaintiff Lance F. Schultz (“Schultz”), a New York citizen, commenced this action in New York State Supreme Court, Monroe *867 County, on April 6, 1998. Defendants North American Insurance Group 1 (“National Insurance”), a California corporation; Pinnacle Real Estate Tax Services (“Pinnacle”), a Delaware corporat...
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35 F. Supp. 2d 919 (1999) SOFRAR, S.A., Plaintiff, v. GRAHAM ENGINEERING CORPORATION, Defendant. No. 98-2023-CIV. United States District Court, S.D. Florida. February 5, 1999. Jonathan Cohen, Dario A. Perez, Shutts & Bowen, Miami, FL, for Plaintiff. Lewis F. Murphy, Joseph F. Dearing, Steel Hector & Davis, Miami, FL, for Defendant. ORDER OF DISMISSAL HOEVELER, Senior District Judge. THIS...
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MEMORANDUM OF DECISION AND ORDER On July 17, 1998, and in accordance with 28 U.S.C. § 636(b)(1)(B) (Federal Magistrate’s Act), and N.D. Ind. L.R. 72.1(d), this court entered an order referring this ease to Magistrate Judge Roger Cosbey for a Report and Recommendation on the issues related to Plaintiff, Rosalind Erizan’s (“Erizan”), complaint filed on March 26,1998. In that Complaint, ...
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OPINION Presently before the Court is a Motion To Strike Claim And Answer (D.I.15) filed by the United States of America (“the Government”) in this civil forfeiture action pursuant to 21 U.S.C. 881(a)(6). For the reasons set forth below, the Court will grant the Government’s Motion. BACKGROUND On December 1, 1997, the Government filed a Complaint of Forfeiture in Rem against the Defendant...
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OPINION Plaintiff Donna L. Bailey 1 sues Prince George’s County and Police Lieutenant Victoria L. Brock, alleging a violation of her civil rights under 42 U.S.C. § 1983 as well as a number of state-law based claims. 2 Brock has filed a Motion to Dismiss and/or for Summary Judgment which Bailey opposes. The Court has determined to GRANT Brock’s Motion to Dismiss. ...
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ORDER This matter is before the Court on the Magistrate Judge’s Report and Recommendation (“R & R”). Therein, he recommended that this Court grant in part Defendants’ Motion to Dismiss Plaintiff, Dennis Patterson’s (“Patterson”), Amended Complaint and deny Defendants’ Motion to Strike. In his Amended Complaint, Patterson alleges that due to his allergic reactions to tuberculin skin te...
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MEMORANDUM AND ORDER This matter is before the Court on the City of Norfolk’s and the Norfolk City School Board’s (hereinafter collectively the defendants) motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. A hearing was held on January 29, 1999, at which time the Court took the defendants’ motion under advisement. As set forth fully below, after ...
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MEMORANDUM OPINION AND ORDER The Court has before it Defendants’ Motion for Summary Judgment with Supporting Memorandum of Points and Authorities, filed December 1, 1998; Plaintiffs’ Response to Defendants’ Motion for Summary Judgment, filed January 5, 1999; and Defendants’ Objection to Plaintiffs’ Exhibit 1, filed January 13,1999. Plaintiffs seek a permanent injunction. On June ...
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Presently before the Court is an appeal by American General Finance, Inc., from a decision of the United States Bankruptcy Court for the Middle District of Georgia, Athens Division. The primary issue on this appeal involves the question of what interest rate a creditor is entitled to as part of a “cram down” under Chapter 13 of the United States Bankruptcy Code. For the reasons that follow, thi...
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MEMORANDUM OPINION AND ORDER The court has before it Perot Systems’ Motion for Summary Judgment, filed July 24, 1998, and Defendant’s Objections to and Motion to Strike Evidence Filed With Plaintiffs Response to Defendant’s Motion for Summary Judgment, filed August 18, 1998. Upon careful consideration of the motions, responses, replies, and the applicable law, the court has determined...
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DECISION AND ORDER Plaintiff, Richard L. Blanke, commenced this action in New York State Supreme' Court, Monroe County, on March 26, 1996, alleging causes of action under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Civil Rights Act of 1991, Pub.L. No. 102...
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MEMORANDUM Pending before this Court are consolidated appeals from three bankruptcy court orders entered in connection with a Chapter 11 bankruptcy case instituted on behalf of debtors Joseph R. and Natalie G. Solfanelli. The principal issue presented by the parties is whether the Solfanellis’ secured creditor, Meridian Bank (“Meridian”), is barred from pursuing a deficiency claim aga...
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MEMORANDUM Plaintiff Omnipoint Communications, Inc. (Omnipoint) filed this action under 42 U.S.C. § 1983 and the Telecommunication Act of 1996, 47 U.S.C. § 332(a)(7), contending that the defendants, City of Scranton and its Zoning Hearing Board (hereinafter collectively referred to as the Zoning Board), improperly denied Omnipoint’s request to place commercial communications antennae on a...
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OPINION This case requires this Court to examine and apply the appropriate legal standard to allegations of “reverse discrimination” on the basis of race and gender, brought by a white male employee who claims to have been victimized by his employer because of his “majority status.” Plaintiffs, Todd and Roseann Murphy, his wife, have filed an Amended Complaint against Defendants, Housing ...
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36 F. Supp. 2d 481 (1999) Harold SCHOFIELD, and Atlantek, Inc., Plaintiffs, v. John FRENCH, alias, Barcode Systems, Inc. and DataCard Corporation. No. Civ.A. 95-103L. United States District Court, D. Rhode Island. February 9, 1999. *482 Dennis R. Gannon, Warwick, RI, for plaintiffs. Richard W. MacAdams, MacAdams & Wieck, Inc., Providence, RI, for Datacard. William A. Jacobson, Kaplan & Ja...
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MEMORANDUM OPINION AND ORDER Pending are separate summary judgment motions filed by (1) Defendants City of Dunbar, the Police Department of the City of Dunbar, 1 former Mayor Howard Ray Whittington, former Police Chief Ivan Lee; and (2) Defendant Officer Scott E. Elliott. The Court GRANTS in part and DENIES in part Defendants’ motions. The remaining state law claims are REM...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION Defendant’s Motion for Summary Judgment in the above-entitled matter came on for hearing before the undersigned United States District Judge on November 10, 1998. Dorothy Feist commenced this action against the City of Minneapolis (“City”) and members of the Minneapolis Police Department (“MPD”) seeking damages resulting from the death of ...
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MEMORANDUM OPINION AND ORDER THIS MATTER is before the Court on Defendant Jessica Munoz’s Motion for Partial Summary Judgment filed December 3, 1998 [Doc. No. 83]. The Court, having considered the motion, response, reply, relevant law, and being otherwise fully informed, finds that the motion is well-taken and will be GRANTED IN PART AND DENIED IN PART. BACKGROUND Plaintiff ...
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MEMORANDUM I. Introduction Pending before the Court is Defendant’s Motion To Suppress Evidence (Docket No. 28). The Court held a hearing on this Motion on Tuesday, December 29, 1998. For the reasons set forth below, the Court DENIES the Defendant’s Motion To Suppress. II. Procedural and Factual Background Defendant Krug has been charged with possessing an unregistered firearm (26 U....
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MEMORANDUM DECISION In this action, plaintiff AT & T Corp. (“AT & T”) seeks to recover from defendant American Cash Card Corp. (“Amcash”) an unpaid debt owed for telephone services provided by AT & T to Amcash. In its answer to the complaint, Amcash asserted counterclaims against AT & T for unfair competition, deceptive practices under N.Y.Gen.Bus.L. § 349, and unjust and unreasonable practices...
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MEMORANDUM OPINION AND ORDER Before the court is claimant Neat, Incorporated’s “motion to reconsider the court’s January 8, 1999 opinion or alternatively to certify the issues presented in that opinion for interlocutory appeal pursuant to 28 U.S.C. § 1292(b).” For the reasons that follow, the court denies claimant’s motion. I. BACKGROUND For the sake of brevity, the ...
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MEMORANDUM AND ORDER Pending before the Court, pursuant to its diversity jurisdiction, is Defendant’s motion for summary judgment in this dispute involving an alleged contract. Plaintiff is asserting claims for monies due under oral contracts purportedly entered into *220 with Defendant. Defendant asserts that even assuming such oral contracts existed, Plaintiffs claims a...
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OPINION AND ORDER Petitioner Walter Sutton brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254, seeking to overturn his conviction in County Court, Rockland County, for Manslaughter in the Second Degree. Petitioner contends that his conviction should be overturned because: 1) the trial court improperly allowed the prosecutor to admit hearsay evidence regarding uncharged crim...
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MEMORANDUM OPINION AND ORDER THIS MATTER is before the Court on Plaintiffs Motion to Remand, filed December 4,1998 [Doc. 17]. The Court, having considered the motion, response, reply, relevant law, and being otherwise fully informed, finds that the motion is well taken and will be GRANTED IN PART, as explained below. BACKGROUND Plaintiff Carlos L. Herrera (“Herrera”) commenced t...
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35 F. Supp. 2d 1253 (1999) UNITED STATES of America, Plaintiff, v. Ervan Ronnell HERRING, Defendant. No. CR 98-317-JO. United States District Court, D. Oregon. February 10, 1999. *1254 Ellen C. Pitcher, Federal Public Defender, Portland, OR, for Ervan Ronnell Herring. Fredric N. Weinhouse, U.S. Attorneys Office, Portland, OR, for U.S. Attorneys. OPINION AND ORDER ROBERT E. JONES, District Judge....
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MEMORANDUM I. Introduction Pending before the Court is a Motion To Vacate, Set Aside, or Correct Sentence filed pursuant to 28 U.S.C. § 2255 (Docket No. 1). For the reasons set forth below, the Court GRANTS the Motion. Accordingly, the Court vacates its Judgment In A Criminal Case, filed in Case No. 3:96-00012 (Docket No. 39), and reenters the Judgment as of the date of entry of this Orde...
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MEMORANDUM DECISION Defendant and counterclaim-plaintiff AT & T Corp. (“AT & T”) moves for sanctions under Fed.R.Civ.P. 37. For the reasons that follow, the motion is granted. BACKGROUND Plaintiffs American Cash Card Corp. and Amcash New York West Corp. commenced *522this action against AT & T in December 1995 for breach of contract, breach of implied covenant of good faith, fraud, negligent ...
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ORDER This matter is before the court on the motions of defendant Eduard Eugene Castillo to dismiss for lack of jurisdiction and for severance and a continuance. Defendant is one of sixteen individuals charged in the Second Superseding Indictment in this case. On January 26, 1999, defendant informed his attorney that his real name was Mario Villa-nueva Esquivel and that his date of birth was Novem...
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MEMORANDUM This is an action under federal and state law in which plaintiff alleges pregnancy discrimination, disability discrimination, and/or sex discrimination. As part of her complaint, she asserts that she was dismissed from her job because of a fear of flying. Before the court is defendants’ motion to compel plaintiff to submit to a vocational examination pursuant to Rule 35(a) of the Federa...
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MEMORANDUM From the inception of this prosecution under the new Economic Espionage Act of 1996, we and the parties have been vexed by the problem of balancing a defendant’s rights to pretrial discovery with the understandable concerns of the owner of putative trade secrets that are at the heart of the Government’s case. On return from the Government’s interlocutory appeal which dealt with this i...
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MEMORANDUM AND ORDER Plaintiff requests a preliminary injunction barring the strike threatened by defendant labor organizations. The Norris-LaGuardia Act states that the federal courts do not have jurisdiction to enjoin labor unions from striking. 29 U.S.C. § 104. 1 In Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235, 90 S.Ct. 1583, 26 L.Ed.2d 199 (1970), however, the ...
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MEMORANDUM-DECISION AND ORDER Introduction Plaintiff, the State of New York acting through its Department of Environmental Conservation (“NYDEC”), brings this action seeking the judicial review of a preemption determination made by the United States Department of Transportation (“DOT”). In that agency ruling, DOT found that New York regulation 6 N.Y.C.R.R. § 372.3(a)(7)(i), which in very general ...
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MEMORANDUM-DECISION AND ORDER Introduction Plaintiff, John Baumann, brings this civil rights complaint pursuant to 42 U.S.C. § 1983 alleging that the Defendants violated his Eighth and Fourteenth Amendment rights. Specifically, Plaintiff alleges the following federal causes of action against Defendants: (1) violations of his Eighth Amendment rights by failing to provide (a) reasonabl...
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MEMORANDUM DECISION AND ORDER MEMORANDUM DECISION GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND ORDER DISMISSING PLAINTIFF’S CLAIMS 1 Plaintiff Joanne Falinski brought this action in June 1997, asserting six claims under 42 U.S.C. §§ 1983 and 1985 against individual Defendants Raymond G. Kuntz, Virginia Rederer, Richard D. Levinson, Russell Markman, Gail Horgan, Peter ...
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OPINION Class member John Genins (“Genins”) has moved pro se (1) pursuant to Federal Rules of Appellate Procedure 4(a)(5) to extend the time within which to file a notice of appeal from the opinion of this Court dated November 9,1998 (the “Opinion”), and the judgment entered on November 13, 1998 (the “Judgment”); (2) pursuant to Federal Rule of Civil Procedure 59(e), to alter and amend the Judg...
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OPINION AND ORDER These cases present broad attacks on the current system of governance for, and administration of, New York City’s public schools. In 97 Civ. 7027, plaintiffs (the “Warden plaintiffs”) bring a class action against various state officials (the “State Defendants”) and municipal officials (the “Municipal Defendants”), alleging that the method of selecting members ...
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41 F.Supp.2d 1061 (1999) TOSCO CORPORATION, a Nevada Corporation, Plaintiff, v. COMMUNITIES FOR A BETTER ENVIRONMENT, a California non-profit Corporation; and Does 1 through 50, Defendants. No. CV 98 5877 DT (BQRx). United States District Court, C.D. California. February 1, 1999. *1062 John J. Lyons, Gregory N. Pimstone, Latham & Watkins, Los Angeles, CA, for Tosco Corporation, plaintiff. Edw...
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35 F. Supp. 2d 1349 (1999) WOODMEN OF THE WORLD LIFE INSURANCE SOCIETY, Plaintiff, v. John Anthony WHITE and Phyllis Mote White, Defendants. Woodmen of the World Life Insurance Society, Plaintiff, v. Louis Grady Benson, Jr., Defendant. Woodmen of the World Life Insurance Society, Plaintiff, v. Walter Davis Clayton, Defendant. Civ. A. Nos. 98-A-113-N, 98-A-455-N and 98-4-487-N. United States Distr...
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MEMORANDUM OPINION AND ORDER 1. FACTS AND PROCEDURAL HISTORY This cause is before the court on a Motion to Remand, filed by the Plaintiffs on January 8,1999 (Doc. # 3). The Plaintiffs originally filed their Complaint in the Circuit Court for Montgomery County, Alabama, on November 5,1998. Defendant MAPCO Petroleum, Inc. (“MAP-CO”), filed an Answer in state court on December 9, 1998.1 MAPCO file...
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MEMORANDUM OPINION I. FACTS AND PROCEDURAL HISTORY This cause is before the court on a Motion to Dismiss Without Notice to the Class (Doc. # 27) filed on January 25,1999. In August of 1996, the Plaintiffs, Nora Gunn and Janice J. Waller, filed a Complaint in the Circuit Court of Houston County, Alabama, along with a Motion for Conditional *418Class Certification. The Plaintiffs’ claims are based...
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MEMORANDUM The United States (the “Government”) has applied for an order (the “Application”), pursuant to 18 U.S.C. § 2703(d), directing a media and communications company (the “Company”) to disclose narrowly specified information to the Government regarding certain of its customers. Although the Company does not oppose the Application, and although both the Company and the Government have reque...
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MEMORANDUM AND ORDER The motion of Operations Management International, Inc. (“OMI”) for summary judgment has been referred to the undersigned for disposition pursuant to the consent of the parties and 28 U.S.C. § 636(c) and the Rules of this Court [Docs. 13, 24]. The defendant, Tengasco, Inc. (“Tengaseo”), filed a written response in opposition to the motion [Doc.' 19]. OMI has filed...
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Opinion I. Pending for decision is the Defendants’ Motion for Summary Judgment (Docket No. 37, filed December 11, 1998), with Memorandum in Support (Docket No. 38). Plaintiff has filed an Opposition to the Motion (Docket No. 40, filed January 19, 1999). Defendants submitted a Reply to Plaintiffs Opposition. (Docket No. 44, filed January 29,1999). A related motion is Plaintiffs Motion to Cor...
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35 F. Supp. 2d 160 (1999) J. Leonard SPODEK d/b/a Nationwide Postal Management, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant. No. 98-CV-10705-MEL. United States District Court, D. Massachusetts. February 9, 1999. *161 Stephen H. Oleskey, Hale & Dorr, Boston, MA, for plaintiff. Andrew L. Freeman, U.S. Postal Service Law Dept., Windsor, CT, for defendant. MEMORANDUM AND DECISION LASKE...
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MEMORANDUM REGARDING DEFENDANT’S MOTION TO DISMISS, PLAINTIFF’S MOTION TO CERTIFY QUESTION TO SJC, AND PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF (Docket Nos. 6,10, 29) I. INTRODUCTION Plaintiff, for herself and on behalf of a purported class of similarly situated property owners, has filed suit against defendant seeking compensation for injuries caused by de...
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MEMORANDUM AND ORDER This matter is before the undersigned in connection with the plaintiffs’ motion for a new trial pursuant to Fed.R.Civ.P. 59 [Doc. 38]. The defendant has responded and opposes the motion [Doc. 42]. Supplemental briefs were filed after oral argument was heard on January 14, 1999 [Docs. 45, 46]. The plaintiffs seek a new trial on the basis of inadequacy of the verdic...
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MEMORANDUM & ORDER The defendant, Amway Corporation, has made a motion to disqualify Dr. Nicholas DiFonzo from acting as an expert witness or consultant for plaintiff Procter & Gamble. DiFonzo was contacted by Amway’s attorneys in May 1996 and arrangements were made for an interview and consultation with DiFonzo about matters that could be pertinent to litigation between Amway and Procter & Gambl...
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OPINION The Federal Sentencing Guidelines are like a Victorian corset around the body of Lady Justice. Its complicated design of laces, braces, buckles and bows make it devilishly difficult to put on and even more difficult to undo. Though it comes in a range of sizes, none of them feels right. Worst of all, its rigid stays that are supposed to shape Justice in whatever form is fashionable so...
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ORDER Pursuant to 28 U.S.C. § 1404(a), and for the convenience of parties and witnesses, in the interest of justice, it is ORDERED that the above-named case be TRANSFERRED *483 to the Northern District of California, and if appropriate, be joined with a suit currently filed in that court by Brightware against RMIC. MEMORANDUM OPINION Defendant Brightware, Inc. (“Bri...
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ORDER On September 1, 1998, Plaintiff Coast Hotels and Casinos, dba Barbary Coast Hotel & Casino (“Coast”), filed a complaint (# 1) against Defendants Culinary Workers Union Local 226 and the Local Joint Executive Board of Las Vegas (collectively referred to hereinafter as the “Union”). In its complaint, Barbary Coast requests that this Court vacate an arbitration award. In...
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MEMORANDUM Presently before the Court is the motion of defendants Township of Lower Merion, Joseph Daly, individually and as Superintendent of the Lower Merion Township Police Force, and Michael McGrath, individually and as Lieutenant in the Lower Merion Township Police Force for partial dismissal of the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (Document No. 6). ...
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MEMORANDUM AND ORDER Presently before the Court is Plaintiff, Coregis Insurance Company’s (“Coregis” or “Plaintiff’), Motion for Summary Judgment and Defendants, Bartos, Broughai & DeVito, LLP (“BB & D”); John Bartos (“Bartos”); Wesley M. Wasylik (“Wasy-lik”); Frank Zajacek, Jr. (“Zajacek”); Phillip S. Schwartz (“Schwartz”); and David Scheuermann’s (“Scheuermann”) (collectively...
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35 F. Supp. 2d 1078 (1999) UNITED STATES of America ex rel. Janet CHANDLER, Ph.D., Plaintiff, v. THE HEKTOEN INSTITUTE FOR MEDICAL RESEARCH; Cook County Hospital; and Cook County, Illinois, Defendants. No. 97 C 514. United States District Court, N.D. Illinois, Eastern Division. February 9, 1999. *1079 John F. Belcaster, Miner, Barnhill & Galland, Chicago, IL, Ronald L. Futterman, Michael I. B...
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*794 MEMORANDUM OPINION AND ORDER Susan Cooper Houben filed a thirteen-count complaint against Telular Corporation, her former employer, presenting claims under both state and federal law based on her discharge. Although Telular sought summary judgment on all of Houben’s claims, we instructed Houben to respond only to Telu-lar’s attack on her federal claims; namely, her claims brought under Titl...
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ORDER ON PLAINTIFF’S MOTION FOR LEAVE TO AMEND AND SUPPLEMENT COMPLAINT, RETAIL DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, and PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE This cause is before the Court on the following Motions and Responses: Dkt. 65 Motion for Leave to Amend and Supplement Complaint Dkt. 88 Opposition Dkt. 39 Motion for Summary Judgment Dkt. 4...
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ORDER ON DEFENDANTS’ MOTIONS TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT THIS CAUSE comes before the Court for consideration of Defendants’ Motions to Dismiss Plaintiffs’ First Amended Complaint (Dkts.10, 12), and Plaintiffs’ response in opposition (Dkt.19). STANDARD OF REVIEW A district court should not dismiss a complaint unless it appears, “beyond doubt that...
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OPINION AND ORDER The indictment in this case charges defendant John Cuff with participating in a criminal organization known as the “Family” or the “Preacher Crew,” whose members dealt drugs, principally cocaine in a form known as crack, and committed numerous acts of violence, including 17 actual murders and other conspiracies and attempts to murder, as well as several robberies and acts of e...
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ORDER Now before the Court is Defendants’ Motion for Summary Judgment on the remaining counts of Plaintiffs’ Complaint. The Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331, as Plaintiffs bring claims under Title IX, Title VI, and the First Amendment. Background In 1993, Illinois State University’s (“ISU” or the “Univeristy”) Gender Equity Committee (the “Committee”) u...
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MEMORANDUM I. Introduction. We are considering the respondent’s timely filed motion to alter or amend, styled as a motion for reconsideration. 1 The motion seeks review of our order, dated December 8, 1998, granting the petitioner, Francisco Rios, habeas relief. Specifically, the order required the Bureau of Prisons (BOP) to give the petitioner credit for about 22 months he spent incarc...
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ORDER DENYING MOTION TO TRANSFER Plaintiff Kirk Hollis brings this action for personal injuries against Defendant Bo-Mac Contractors, Inc. Now before the Court is Defendant’s Motion to Transfer Venue to the Beaumont Division of the Eastern District of Texas. For the reasons stated below, the Motion to Transfer is DENIED. Pursuant to 28 U.S.C. § 1404, “[f]or the convenience of parties and wi...
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ORDER DENYING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION This is a personal injury case arising under the Jones Act, 46 U.S.C.App. § 688 et seq., and general maritime law. Plaintiff allegedly was injured on January 12, 1998 while working aboard Defendants’ vessel, the M/V NOBLE STAR. He filed this claim against Defendants on March 9, 1998. Now before th...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT In this action, Plaintiff Informed Citizens United, Inc., (“ICU”) brings a citizen suit under the Clean Water Act, 33 U.S.C. §§ 1251, et seq., against Defendant USX Corporation (“USX”). ICU alleges that USX violated the terms of a permit issued by the U.S. Army Corps of Engineers which authorized USX to discharge dredged or fill materia...
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OPINION The question here is whether a state prison guard who married a convicted felon, the father of her child, and thus forfeited her job for violating a regulation against fraternization with inmates of the state prison system, is entitled to relief in federal court. Finding that the anti-fraternization policy is a valid regulation of prison administration and consequently provides on...
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OPINION AND ORDER The question presented is whether an employee fired for complaining to her employer about its failure to pay a minimum wage is entitled to bring a retaliation claim under the Fair Labor Standards Act, where the employee filed no complaint with a government agency. I find that a plain reading of the statute does not include such a case, and grant partial summary judgment....
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*1010 ORDER Defendant, United States of America (“the United States”), pursuant to Rule 56, moves for summary judgment on its counterclaim for injunctive relief. The United States also requests that I take judicial notice of five orders issued by the United States Tax Court and the United States Court of Appeals for the Tenth Circuit, Plaintiff, Jay L. Depew, moves for judgment o...
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MEMORANDUM OPINION AND ORDER AFFIRMING BANKRUPTCY COURT DECISION Before the court is an appeal by the Internal Revenue Service (“IRS”) from a judgment entered by the Bankruptcy Court on June 26, 1997, finding that Mr. Bossert was not liable for any post-filing interest on taxes he owed when he filed for Chapter 12 bankruptcy protection. Mr. Bossert’s proposed plan was confirmed on December 14, ...
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Order of Dismissal In accord with the Memorandum of Decision, entered contemporaneously herewith, it is hereby Ordered, Adjudged and Decreed: 1. The petition for the writ of habeas corpus is Granted conditionally; 2. The respondent Shall Release the petitioner from further custody unless within Ninety (90) Days from the date on which this order is entered or, if appealed, from the date on which i...
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*615 DECISION AND ORDER This is a motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. On October 1, 1998, Plaintiff International Business Machines Corporation (“IBM”) brought this action for breach of contract against Defendant Stephen Martson (“Martson”), a former employee of IBM. The complaint alleges that Martson violated his s...
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ORDER and OPINION This matter came before the Court on Defendants Bridget Johnson (“Bridget”) and Jeremy Johnson’s (“Jeremy”) Motion to Dismiss the Interpleader Claims of Defendants Frances Clark Johnson (“Frances”) and Sara Clark Johnson (“Sara”), (“Motion to Dismiss”). For the reasons set forth below the Court GRANTS the Motion to Dismiss and DISMISSES Frances’s and Sara’s interplea...
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ORDER ON AMENDED DISPOSITIVE MOTION TO DISMISS AND ALTERNATIVE MOTION TO STRIKE BY DEFENDANT HERTZ This cause is before the Court on the Amended Dispositive Motion to Dismiss and alternative Motion to Strike (Dkt.20) of Defendant Hertz Corporation, and Plaintiffs response. STANDARD OF REVIEW Under Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957), a district court should...
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37 F. Supp. 2d 1166 (1999) Jose Manuel GUTIERREZ-PEREZ Petitioner, v. Adele FASANO, District Director, District 39, U.S. Immigration and Naturalization Service Respondent. No. 98-1865-IEG (RBB). United States District Court, S.D. California. January 19, 1999. *1167 Murray Hilts, Law Offices of Murray D. Hilts, San Diego, CA, for plaintiff. U.S. Attorney, CV, U.S. Attorney's Office, Civil Division...
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ORDER ON MOTION TO DISMISS This cause is before the Court on Defendant’s Motion to Dismiss (Dkts.4,5), which seeks to dismiss all five Counts of Plaintiffs Complaint. Plaintiff filed a Response to Defendant’s Motion to Dismiss (Dkt.6) and an Amended Complaint (Dkt.ll). Plaintiffs Amended Complaint makes no substantive changes beyond replacing the term “employees” with “store manager.”...
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35 F. Supp. 2d 507 (1999) MID CITY BOWLING LANES & SPORTS PALACE, INC., v. IVERCREST, INC. d/b/a Diversey River Bowl. Civil Action No. 98-2058. United States District Court, E.D. Louisiana. February 10, 1999. Cary Joseph Deaton, Metairie, Arthur Devereau Dupre, Jr., Brian Eugene Sevin, Daigle, Sullivan, Dupre & Aldous, Metairie, LA, for Mid City Bowling Lanes & Sports Palace Inc. Davi...
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MEMORANDUM AND ORDER This matter is before the Court on the parties’ cross-motions for summary judgment. Plaintiffs Motion for Summary Judgment is denied. Defendants’ Motion for Summary Judgment is denied as to Defendants Mercer, Kelly, and Anderson. As to Defendants Casey, White, and Town of Lexington, Defendants’ Motion for Summary Judgment is allowed, with respect to Count I, for the reasons...
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RULING ON DEFENDANTS’ POST-VERDICT MOTIONS The plaintiff, Elizabeth Lee (“Lee”), as executrix of her deceased husband’s estate and on behalf of herself, brings these consolidated actions against the defendants, Kenneth J. Coss (“Coss”), Silver City Express, Inc. (“Silver City”), Badger Freight Service, Inc. (“Badger Freight”), and Nevada Freight Service, Inc. (“Nevada Freight”) [herei...
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RULING ON MOTIONS FOR SUMMARY JUDGMENT The plaintiff, Linda Driscoll (“Driscoll”), filed this action in state court against the defendants, General Nutrition Corporation d/b/a General Nutrition Center (“GNC”), and Frank Troiano, Anthony Troiano Jr., James Viola, Hazard Avenue Associates, and Hazard Avenue Limited Partnership (collectively “Hazard”) alleging negligence and negligent in...
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ORDER AND REASONS Before the Court is a Motion to Review Magistrate Judge’s Order denying the *807 plaintiffs Motion for Leave to Amend the Complaint. Plaintiff Jimmy Dale Moody (“Moody”) seeks to make the liability insurers of Callón Petroleum Operating Company (“Callón”) and Hanover Compressor Company (“Hanover”) direct defendants in this suit. The magistrate judge deni...
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ORDER This matter is before the court on (1) defendant’s motion for partial summary judgment on the federal antitrust issues in this case; (2) parties’ cross-motions to strike certain material submitted during the briefing of the partial summary judgment motion; (3) plaintiffs’ motion for summary judgment on the infringement and public use issues; and (4) defendant’s motion for summary ju...
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36 F. Supp. 2d 87 (1999) Mary Elizabeth FLEMING v. THE STOP & SHOP SUPERMARKET CO. a/k/a the Stop & Shop Cos., Inc.; United Food and Commercial Workers Union, Local 919. Marcia Bimler v. The Stop & Shop Supermarket Co. a/k/a the Stop & Shop Cos., Inc.; United Food and Commercial Workers Union, Local 919. Nos. 3:96CV594(AHN), 3:96CV770. United States District Court, D. Connecticut....
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ORDER This matter is before the Court on the motion of Plaintiff Shanti, Inc. (“Shanti”), d/b/a Moghals Fine Indian Cuisine Restaurant (“Moghals”), for summary judgment and Defendants’ cross motion for summary judgment and motion to dismiss for lack of subject matter jurisdiction. Plaintiff seeks declaratory judgment and injunctive relief from the decision of the Immigration and Naturaliz...
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MEMORANDUM AND OPINION The Internal Revenue Service asks this court to enforce a summons issued to John Cox, the tax director of BMC Software, Inc. (“BMC”) and its subsidiaries, in connection with the audit of BMC’s 1993 tax return. The IRS seeks the production of computer source code for twenty-seven BMC enhancement software products marketed in Europe in fiscal year 1993. The IRS assert...
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MEMORANDUM AND ORDER Plaintiff Tracy L. Jones (“Jones”) brings this action pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B), claiming long-term disability benefits allegedly due her under defendant Continental Casualty Company’s (“Continental”) disability insurance plan. A trial to the court was held in this matter on January 5, 1999. ...
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36 F. Supp. 2d 46 (1999) Nancy AXELROD and Nicholas Axelrod Panagopoulos, Plaintiffs, v. PHILLIPS ACADEMY, ANDOVER, Defendant. No. Civ.A. 99-10054-EFH. United States District Court, D. Massachusetts. February 17, 1999. *47 Marc Redlich, Law Offices of Marc Redlich, Boston, MA, Merle Ruth Hass, Law Offices of Marc Redlich, Boston, MA, for Nancy Axelrod, Nicholas Axelrod Panagopoulos, plaintiffs. P...
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MEMORANDUM AND ORDER In this action, plaintiff claims that the Johnson County Sheriffs Department denied him a promotion and transfers, and prevented him from participating in the department’s tuition reimbursement program in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. 1 The case is before the court on defendant’s motion fo...
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MEMORANDUM AND ORDER Plaintiff Janine R. Colter brings this action alleging that defendant Dobski & Associates, Inc. d/b/a McDonald’s Restaurants violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981 by discriminating against her based on her race and retaliating against her after she opposed the allegedly discriminatory activit...
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*397 MEMORANDUM This matter remains before the Court on plaintiffs Robert and Vivian Spink's ["Spinks"] motion for summary judgment. As mortgagees of a property insured by defendant General Accident Insurance Company of Puerto Rico, Ltd. ["General Accident"], the Spinks seek judgment in the amount of $114,731 for insurance proceeds that they contend General Accident erroneously di...
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OPINION & ORDER As part of its responsibility for managing its docket, this Court has revisited the file of this case and notes the following chronology of events: 1. April 23, 1998: The defendant agreed to produce documents, including an expert report, that had delayed depositions already scheduled. (Dkt.# 35). 2. May 22, 1998: The defendant failed to abide by its agreement and instead provide...
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ORDER Plaintiff Pharmanex, Inc. (“Pharmanex”) filed this case seeking judicial review of an administrative decision issued by the Food and Drug Administration (“FDA”) on May 20, 1998 (the “FDA Decision”). In that decision, FDA ruled that Cholestin, a product marketed by Pharmanex, is a drug, rather than, as Pharmanex contends, a dietary supplement. Pharmanex seeks an order holding the FDA...
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MEMORANDUM AND ORDER Plaintiffs filed suit against defendants alleging violations of 42 U.S.C. § 1981 and common law claims of intentional infliction of emotional distress and “breach of public policy.” This matter is presently before the court on defendants’ motion to dismiss plaintiff Rosa Wattree’s complaint and to partially dismiss plaintiff Robert Lasley’s complaint (doe. # 5). F...
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MEMORANDUM Pending before the Court is defendants 7 Rule 12(b)(6) motion to dismiss counts V, IX, and X for failure to state claims upon which *378 relief can be granted. A previous, unpublished Memorandum and Order disposed of the motion to dismiss Counts II through IV and VI through VIII. I. INTRODUCTION According to the complaint, Chase Manhattan Bank [...
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MEMORANDUM AND ORDER The Rehabilitator of the Universe Life Insurance Company (“Universe”), an insolvent insurer in rehabilitation proceedings in Idaho state court, obtained a judgment in Idaho state court against Centennial Life Insurance Company (“Centennial”), an insolvent insurer currently in liquidation proceedings in Kansas state court. Thereafter, Universe initiated this garnishment acti...
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MEMORANDUM AND ORDER This consolidated civil action has been brought before the Court on Motions of Defendants Provident Mutual Insurance Company, Robert W. Kloss, Diane M. Koken, Commissioner of the Insurance Department of Pennsylvania and the Insurance Department of Pennsylvania to abstain and/or dismiss the action(s) against them. For the reasons which follow, the motions shall be granted. ...
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42 F. Supp. 2d 509 (1999) ROHM AND HAAS COMPANY v. LONZA, INC. and SK Chemicals, Ltd. Civil Action No. 96-CV-5732. United States District Court, E.D. Pennsylvania. February 19, 1999. *510 Rudolf E. Hutz, N. Richard Powers, Gerald M. O'Rourke, Connolly, Bove, Lodge & Hutz, Wilmington, DE, Julie J.L. Cheng, Terence P. Strobaugh, Rohm and Haas Co., Philadelphia, PA, for plaintiff. James G. Rosen...
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OPINION I. INTRODUCTION Defendant Optimum Choice Inc. (“OCI”) is a health maintenance organization which provides health benefits under employee welfare benefit plans governed by ERISA. Plaintiff Christopher Brasure has filed a complaint against OCI under ERISA, 29 U.S.C. § 1132(a)(1)(B), seeking “to recover benefits due under terms of the plan.” Plaintiff alleges that he was an ...
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*164 Memorandum-Decision and Order I. Introduction Plaintiff pro se, Julio Giano (“Plaintiff’ or “Giano”), brings this action pursuant to 42 U.S.C. § 1983 (1994) alleging that Defendants violated his right to due process by wrongfully placing him in administrative segregation while he was an inmate at Clinton Correctional Facility (“Clinton”), a maximum securi...
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36 F. Supp. 2d 419 (1999) MCI, et al., Plaintiff, v. BELL-ATLANTIC, et al., Defendant. No. CIV. 97-3076(TFH). United States District Court, District of Columbia. February 17, 1999. *420 Donald B. Verilli, Jr., Jenner & Block, Washington, DC, for plaintiff. Natalie O. Ludaway, Leftwich & Douglas, Washington, DC, for Bell Atlantic, defendant. Richard A. Beverly, Deputy General Counsel, Publ...
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OPINION and ORDER Before the court are challenges to the constitutionality of the single-address local option provision of the Illinois Liquor Control Act, 235 ILCS 5/9-2 (1995). For the following reasons, those challenges brought pursuant to the federal constitution are denied. The court declines to exercise its jurisdiction over the claim attacking the Liquor Control Act on state co...
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OPINION I. INTRODUCTION Plaintiff Carol S. Arzt (“Arzt”), Executrix of the Estate of Elvira R. Sullivan (“Estate”) seeks reimbursement of approximately $300,-000 from defendants, beneficiaries of the Estate for federal estate taxes paid by her on behalf of the Estate. Arzt claims a statutory right of reimbursement under 26 U.S.C. § 2207B. On July 6, 1998, the defendants filed a m...
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MEMORANDUM This is a negligence action arising under Maryland law, which is here based on diversity of citizenship jurisdiction. Plaintiff Premier Parks, Inc. (“Premier”) is an Oklahoma corporation that operates an amusement park in Maryland. The defendants are Baltimore Gas & Electric Co. (“BGE”), a public utility, the Driggs Corporation (“Driggs”), a Virginia construction company, and J...
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MEMORANDUM OPINION Plaintiff has filed this action alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. Defendant has moved for summary judgment. After carefully reviewing the submissions of the parties, the Court will grant defendant’s motion with respect to both counts. ...
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*100 MEMORANDUM OPINION Pending before the Court is defendants’ motion for dismissal. Defendants’ motion raises three issues. First, whether 5 U.S.C. § 8128(b) prevents the Court from reviewing the decision of the Federal Employees’ Compensation Act (FECA) that denied the award of benefits to plaintiff for violating a clear statutory mandate. Second, whether defendant’s inter...
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MEMORANDUM OPINION AND ORDER Before the court is defendant Donna Sha-lala’s motion for remand. For the following reasons, the court grants defendant’s motion and remands this case to the Secretary of the United States Department of Health and Human Services. I. BACKGROUND 1 This case arises under Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq.,...
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ORDER This matter is before the court on two appeals from the Bankruptcy Court’s Deci *364 sion dated October 2, 1998, imposing sanctions on Kauthar Sdn Bhd (“Kauthar”) and its counsel of record, Attorneys William J. Factor (“Factor”), Daniel J. Voelker (“Voelker”), and William N. Howard (“Howard”). The first appeal (l:98cv363) was filed by Factor on November 19, 1998. Fa...
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36 F. Supp. 2d 1013 (1999) UNITED STATES of America, Plaintiff, v. Jamil Mustafa SHALASH, Defendant. No. CR-2-98-175. United States District Court, S.D. Ohio, Eastern Division. February 17, 1999. *1014 Sharon J. Zealey, United States Attorney, Deborah A. Solove Assistant United States Attorney, United States Attorney's Office, Columbus, OH, for plaintiff. Terry Keith Sherman, Columbus, OH, for de...
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OPINION and ORDER Plaintiff Margo Rudd (“Rudd”) filed the instant action alleging wrongful discharge in violation of Title VII of the Civil Rights Act of 1964, as amended (“Title VII”). See 42 U.S.C. § 2000e-2 et seq. Before the court is Defendant Chicago Association For Retarded Citizens, Inc.’s (CARC) Motion for Summary Judgment. For the following reasons, the ...
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OPINION On February 2, 1999, this court heard defendant John Calvin Pitts’s motion to suppress evidence seized during a search of his automobile on September 25, 1998. At the conclusion of the hearing, the court issued its ruling from the bench, denying defendant’s motion. At that time, the court reserved the option to issue a written opinion at a later date. I. Facts At the suppression...
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OPINION AND FINAL ORDER This matter is before the court on petitioner Bernard King’s Motion to Vacate, Set Aside, or Correct Sentence, pursuant to 28 U.S.C. § 2255. 1 For the reasons set forth below, defendant’s motion is DENIED. I. Factual and Procedural History On December 2, 1994, a federal grand jury indicted defendant Bernard King and twenty other defendants, charging them with c...
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OPINION Introduction I have before me on remand the task to revisit the underlying constitutional issues of this complex prison reform case twenty years after my unappealed judgment against defendants on those same issues in Glover v. Johnson, 478 F.Supp. 1075, 1077 (E.D.Mich.1979). The procedural explanation for how the case has, in a sense, come to be reborn begins i...
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OPINION Sehering Corporation and Biogen, Inc. (collectively “Sehering”) initially filed a patent infringement suit against Amgen, Inc. (“Amgen”) alleging infringement of its U.S. Patent No. 4,530,901 entitled “Recombinant DNA Molecules and Their Use in Producing Human Interferon-Like Polypeptides” (“ ’901 Patent”). After a hearing pursuant to Markman v. Westview Instruments, Inc...
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OPINION Dorian King and Diane King Jtwros (the “Kings”) have moved under Section 3 of the Private Securities Litigation Reform Act, 15 U.S.C. § 78u-4(a)(3) (the “PSLRA”), for appointment as lead plaintiffs and the appointment of lead counsel in this securities class action. For the reasons set forth below, the motion is denied. Prior Proceedings On April 2, 1998, the Kin...
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MEMORANDUM OF DECISION AND ORDER Approximately three and a half years after the complaint was filed in this case, and after what can only be referred to as a contentious period of discovery including the filing of 251 docket entries, the Court is now prepared to rule on the seven pending motions submitted by the defendants. On August 14, 1995, John Morris (“Morris”), Miles Merrit...
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OPINION Kil Young Maeng (“Maeng”) has moved, on behalf of Han Kuk Kuen Young, Inc. (“Han Kuk”) and Interlink Finance Co. (“Interlink”), for an enlargement of time to file a claim in this civil forfeiture action. For the reasons stated below, Maeng’s motion is denied. *615 Background This action seeks the forfeiture of the contents of three bank accounts and $22,...
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OPINION AND ORDER This matter is before the Court upon Defendant Kimberly K. Shroyer’s motion to dismiss [Record No. 6], Defendant Shroyer’s motion for court to abstain from exercising jurisdiction [Record No. 7], Defendant Shroyer’s motion for court to stay its proceedings pending state court resolution of issues [Record No. 8], and Defendant Janet Reno’s motion to dismiss [Record No...
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ORDER Defendants’ request for sanctions against Plaintiff for alleged abuse of the discovery process is before the Court for consideration. *937 BACKGROUND Plaintiff opposed Defendants’ motion to compel production of his patent application No. 08/320,887. [Dkt. 87, 93], When the Court ordered Plaintiff to produce the patent application, Plaintiff produced what he represented to be a cop...
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35 F. Supp. 2d 195 (1999) Felix A. Landrau ROMERO, Plaintiff, v. BANCO POPULAR DE PUERTO RICO, Defendant. No. Civ. 96-1470(PG). United States District Court, D. Puerto Rico. February 12, 1999. Luis R. Mellado, Arterial Hostos, San Juan, PR, for plaintiff. Pedro J. Manzano-Yates, San Juan, PR, for defendant. OPINION & ORDER PEREZ-GIMENEZ, District Judge. On April 16, 1996, plaintiff Félix A. ...
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DECISION AND ORDER The plaintiffs are a group of individuals, each of whom sold residential real estate in a transaction in which the defendant Federated Realty Group, Inc., acted as his or her broker. The plaintiffs bring this action pursuant to the Real Estate Settlement Practices Act (“RESPA”), ■ 12 U.S.C. §§ 2601-2610. The plaintiffs contend that Federated referred them to a title...
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OPINION AND ORDER Defendants, Victor Manuel Valle-Lassalle and José Rodriguez-Marrero, request this court to declare the death penalty inapplicable in this case because of the Government’s alleged violation of Local Rule 428. I. As we have noted in previous capital cases, see, e.g., United States v. Colon-Miranda, 985 F.Supp. 36, 37 (D.P.R.1997); United States v. Colon-Miranda, 985 F....
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DECISION AND ORDER This matter comes before the Court on Kevin Lambert’s (“Lambert”) petition for a writ of habeas corpus under 28 U.S.C. § 2241. A federal district court may deny a writ of habeas corpus outright, without a return from the respondent, when “it appears from the application that the applicant or person detained is not entitled thereto.” 28 U.S.C. § 2243. That is the case here. La...
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54 F.Supp.2d 539 (1999) Rita M. WOOLBERT, Administratrix of the Estate of Virginia Ann Morris; Rita M. Woolbert, Individually; and Charles Godfrey, Plaintiffs, v. KIMBLE GLASS, INC.; Kimble Glass, Inc., Savings Program; and Kimble Glass, Inc., Salary Retirement Plan, Defendants. No. 4:98CV165. United States District Court, W.D. North Carolina, Shelby Division. January 12, 1999. *540 Louis E. Vina...
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41 F. Supp. 2d 56 (1999) RIVERDALE ENTERPRISES, INC., et al., Plaintiffs, v. SHELL OIL CO., et al., Defendants. No. Civ.A. 97-30281-KPN. United States District Court, D. Massachusetts. February 11, 1999. *57 Myles Jacobson, Jacobson & Thompson, PC, Springfield, MA, Linda J. Thompson, Jacobson & Thompson, P.C., Springfield, MA, for plaintiffs. John F. Rogers, Cain, Hibbard, Myers & Coo...
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42 F. Supp. 2d 131 (1999) Maximo VILLALOBOS, et al., Plaintiffs, v. NORTH CAROLINA GROWERS ASSOCIATION, INC., et al., Defendants. No. CIV. 97-1589(JAF). United States District Court, D. Puerto Rico. February 17, 1999. *132 *133 Julio M. Lopez-Keelan, San Juan, PR, for plaintiffs. Luis D. Ortiz-Abreu, Goldman Antonetti & Cordova, San Juan, for defendants. OPINION AND ORDER FUSTE, District Jud...
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49 F. Supp. 2d 467 (1999) David KOCAN and Maryanne C. Kocan, Plaintiffs, v. ABF FREIGHT SYSTEM, INC., Arkansas Best Corporation, WorldWay Corporation, and Carolina Freight Carriers Corporation, Defendants. Richard E.F. Valitutto and R. Julene Valitutto, Plaintiffs, v. ABF Freight System, Inc., Arkansas Best Corporation, Worldway Corporation, and Carolina Freight Carriers Corporation, Defendants. ...
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MEMORANDUM AND ORDER The court has under consideration three Motions for Protective Order (docs. 234, 239, and 260). Pursuant to Fed.R.Civ.P. 26(c), defendants Fred Meier and Jake Esser each seek an order to prohibit plaintiffs from videotaping their depositions and defendant Community Bank seeks to prohibit plaintiffs from videotaping the deposition of its President, Francis Esely. Plaintiffs o...
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MEMORANDUM OPINION Petitioner Mariano Cabrera Duran currently is incarcerated on a provisional arrest warrant sought by the United States in anticipation of a request that he be extradited to the Dominican Republic. He seeks a writ of habeas corpus, arguing that he has been held longer than the pertinent statute permits. In the alternative, he seeks release on bail. Facts Al...
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OPINION On March 13, 1997, the Securities and Exchange Commission (the “SEC”) filed suit in this Court against Global Financial Traders (“Global”), BGSG Holding Corporation (“BGSG”), John J. Kenna, Michael R. Reilly, Vincent J. Iovine, and David S. Coleman for securities fraud. Two months later, plaintiff Peter C. Ellison, on behalf of himself and all others similarly situated, filed ...
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MEMORANDUM OPINION AND ORDER Pending before the Court is defendant Jim Guy Tucker’s (Tucker) motion for a new trial. Tucker, the Governor of Arkansas until his conviction, was indicted on eleven counts in a twenty-one count indictment. He was convicted on May 28, 1996, of conspiracy involving the misuse of the funds of Madison *1111 Guaranty Savings and Loan, and Capital Management Services...
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MEMORANDUM OPINION AND REMAND ORDER Pending is Plaintiffs’ motion to remand. Defendant Equifax Credit Information Services, Inc. (“Equifax”) has responded, and Plaintiffs have replied. The matter is considered ripe for review. After careful consideration, the Court GRANTS the motion. I. FACTUAL BACKGROUND For purposes of this Memorandum Opinion and Order, the Court employs t...
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OPINION AND ORDER Plaintiff Donald W. Brink, terminated by his employer Union Carbide Corporation, alleges (1) employment discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 623(a)(1), the New York State Human Rights Law, N.Y. Exec. Law § 296(3-a)(a), and the Connecticut Human Rights and Opportunities Act, Conn. Gen.Stat. § 46a-60(a)(l); (2) a violation of...
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MEMORANDUM OPINION I. Introduction This matter comes before the court on the court’s December 18, 1998 Order to Show Cause. In that order, the court required defendants Bruce Babbitt, Secretary of the Interior; Robert Rubin, Secretary of the Treasury; and Kevin Gover, Assistant Secretary of the Interior to “show cause why they should not be held in civil contempt of court...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on Defendant’s Motion for Summary Judgment on Counts I and II, and Plaintiffs Motion for Summary Judgment on Count II. For the following reasons, this Court denies both the Defendant’s and Plaintiffs motions. BACKGROUND Plaintiff Aleeta Murawski worked for Defendant Tri Service, Inc. as an Inside Sales Assistant from February 6, 199...
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OPINION AND ORDER This case involves a dispute over Defendants Twinsburg Township Board of Trustees (“Twinsburg Township”) decision to rezone certain property owned by the Plaintiff Pond Brook Development, Inc. (“Pond Brook”). Plaintiff sues the defendants claiming that Twinsburg Township, under color of state law, deprived Plaintiff Pond Brook of rights, privileges and immunities secured...
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80 F.Supp.2d 447 (1999) KANSAS CITY FIRE & MARINE INSURANCE COMPANY and Circle V. Transportation, Inc., Plaintiffs, v. CONSOLIDATED RAIL CORPORATION and Union Pacific Railroad Company, Defendants. Van Seumeren Holland B.V. and Van Seumeren U.S.A., Inc., Plaintiffs. v. Consolidated Rail Corporation and Union Pacific Railroad Company, Defendants. Nos. CIV.A. 97-8134, CIV.A. 98-2694. United Stat...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff Asahi/America, Inc. (“Asahi”) alleges that defendants MFRI, Inc., Perma-Pipe, Inc., Midwesco Simtech, Inc., and I. Wayne James infringed Asahi’s patent on a device known as a thermoplastic restraint coupling. Defendants concede that if the patent is valid, it is enforceable and they infringed it. Trial Tr. at 30. They contend, however,...
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MEMORANDUM OF OPINION DENYING MOTION FOR RECONSIDERATION The defendant has sought reconsideration and clarification of the January 22 Order of the Court. Because of the Court’s perception that the defendant fully understood the requirements and parameters of the said Order, the Court summarily denied the reconsideration motion on February 2, 1999. In view of certain representations made by defenda...
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OPINION I. Aristides Martinez brought this action against defendant QVC Cable Television Network (“QVC”) asserting that it failed to hire him based on his race, national origin, and age in violation of federal and state law. Additionally, Martinez brought state law claims of negligent and intentional infliction of emotional distress based on QVC’s failure to hire him. QVC pr...
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MEMORANDUM OPINION AND ORDER Presently before the Court is Defendants’ Motion to Stay Remand and to Stay the Mailing of Remand Order, filed on January 15, 1999. Plaintiff filed a Response on January 25, 1999 and Defendants filed a Reply on January 29, 1999. For the reasons set forth below, Defendants’ motion is DENIED. ANALYSIS On January 15, 1999, the Court heard oral argum...
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35 F. Supp. 2d 896 (1999) UNITED STATES of America and State of Florida, ex rel. Louis H. MUELLER, Plaintiffs, v. ECKERD CORPORATION, Defendant. No. 95-2030-CIV-T-17C. United States District Court, M.D. Florida, Tampa Division. February 1, 1999. *897 Jay G. Trezevant, U.S. Attorney's Office, Middle District of Florida, Tampa, FL, Michael F. Hertz, Alan E. Kleinburd, U.S. Dept. of Justice, Washing...
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MEMORANDUM, ORDER Coming from Amsterdam via Paris, Johanna DeRoover was apprehended at John F. Kennedy Airport with slightly less than a kilogram of heroin concealed in her clothing. Almost immediately she agreed to assist in a controlled delivery; it was unsuccessful, leading to a denial of a 5K1 letter by the government for cooperation that would have authorized a virtually unreviewable dow...
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MEMORANDUM & ORDER Defendant Blackrock Financial Management, Inc. has moved, pursuant to Federal Rule of Civil Procedure 12(b)(6), to dismiss plaintiffs First Amended Complaint for failure to state a claim upon which relief can be granted. For reasons which follow, defendant’s motion is granted. *257 BACKGROUND The facts are here presented as alleged in the complain...
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47 F. Supp. 2d 1128 (1999) William P. SHANNAHAN and Saracia L.P. Shannahan, Plaintiffs, v. UNITED STATES of America, Defendant. No. 96CV1484-J RBB. United States District Court, S.D. California. January 8, 1999. *1129 *1130 Thomas E. Sharkey, McInnis Fitzgerald Rees and Sharkey, San Diego, CA, for plaintiffs. Henry C. Darmstadter, U.S. Department of Justice, Trial Attorney Tax Division, Washingto...
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ORDER ON APPEAL This cause comes before the Court on appeal from the Order on Objections to Trustee’s Determination of Claims entered March 16, 1998, by Chief Bankruptcy Judge Alexander L. Paskay. ISSUES: I. Whether it was clearly erroneous for the Bankruptcy Court to find that Kevin Heebner and Eileen C. Brown had entrusted money to the Debtor [Old Naples Securities] for the purpose of...
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MEMORANDUM OPINION Plaintiff K.K.D. Imports, Inc. (“KKD”) seeks damages of more than $2 million against defendant Karl Heinz Dietrich GmbH & Co. International Spedition (“Dietrich”), a German freight forwarder, on the ground that Dietrich negligently misdirected freight shipments. Jurisdiction is based on diversity of" citizenship or, more precisely, alienage. Dietrich moves for summary j...
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MEMORANDUM OPINION AND ORDER In this case asserting employment discrimination on the basis of gender and race, plaintiff Nellie Howard (“Howard”) moves the Court to compel defendants to pay all but $150 of the fees associated with the arbitration of her claims. For the reasons set forth below, Howard’s motion is denied. BACKGROUND 1 Howard alleges that on September 2...
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54 F. Supp. 2d 788 (1999) Lynn A. KODRICK Plaintiff, v. Cheryl L. FERGUSON and Accubanc Mortgage, Defendants. No. 98 C 576. United States District Court, N.D. Illinois, Eastern Division. February 16, 1999. Peter W. Andjelkovich, Bradley J. Wartman, Peter Andjelkovich & Assoc., Chicago, IL, for Lynn A. Kodrick. Patrick T. Driscoll, Jr., Patrick T. Driscoll, Jr., P.C., Chicago, IL, for Cheryl L...
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42 F. Supp. 2d 1304 (1999) BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff, v. CITY OF CORAL SPRINGS, FLORIDA, Defendant. No. 97-7010-CIV. United States District Court, S.D. Florida. January 25, 1999. *1305 *1306 Thomas A. Dye, Miami, FL, for plaintiff. John R. Hargrove, Thomas A. Dye, Heinrich Gordon Hargrove Weihe & James, Fort Lauderdale, FL, Kerry Lee Ezrol, Josias Goren Cherof Doody & ...
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*959 ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff filed this suit in Brazoria County Civil Court at Law No. 2 on June 19, 1998, alleging that he suffered personal injuries when he slipped at Defendant’s Angleton Wal-Mart store. Defendant subsequently removed the case to this Court alleging diversity of parties, 28 U.S.C. § 1332, as the basis for federal jur...
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ORDER DENYING DEFENDANT’S MOTION FOR DISMISSAL FOR FAILURE TO STATE A CLAIM FOR WHICH RELIEF MAY BE GRANTED Plaintiff in this case, a former officer with the Matagorda County Sheriffs Department, alleges that she was subjected to sexual harassment from a fellow officer and supervisor and that officials with the department received notice yet allowed the harassment to continue. Plainti...
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36 F. Supp. 2d 810 (1998) ROTEC INDUSTRIES, INC., an Illinois corporation, Plaintiff, v. MITSUBISHI CORPORATION, a corporation organized under the laws of Japan; Mitsubishi International Corporation, a New York corporation; Tucker Associates, Inc., an Oregon corporation; and Garry Tucker, an individual, Defendants. No. 97-CV-2024. United States District Court, C.D. Illinois, Danville/Urbana Divis...
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MEMORANDUM OPINION This matter comes before the Court on the Motion of John Alan Jones (the “Movant”) for an Order Directing Issuance of Pro Rata Payment Checks to the Movant (the “Motion”). The Respondent, Sandra L. Smith (the “Respondent”), has not responded to the Motion. The Daikon Shield Claimants Trust (the “Trust”) takes no position with respect to this matter. The parties have not asked ...
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MEMORANDUM — DECISION & ORDER The Equal Employment Opportunity Commission (“EEOC”) commenced the instant litigation against Allied Systems, Ltd. (“Allied”) claiming violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq. Presently before the Court is Allied’s motion for summary judgment pursuant to FED. R. CIV. P. 56 seeking dismissal of the Compla...
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MEMORANDUM OPINION This matter comes before the Court on the Motion of Lenore Widmark (the “Movant”) to Reargue and Reconsider this Court’s Order entered on November 18,1998 (the “Motion”). The Daikon Shield Claimants Trust (the “Trust”) opposes the Motion. Upon consideration of the parties’ pleadings, and after a hearing held on this matter on January 25, 1999, the Court makes the fo...
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ORDER GRANTING CERTAIN DEFENDANTS’ MOTION TO DISMISS UNDER FED.R.CIV.P. 12(b)(6) THIS MATTER comes before the court on certain defendants’ motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, to dismiss pursuant to Rule 12(b)(7) for fail *1181 ure to join necessary parties and defendant B.A.T. Industries’ motion to dismiss for ...
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ORDER AND MEMORANDUM OF DECISION This is an action to collect a money judgment for ERISA benefits, interest, and attorney’s fees. After a trial to the court, on August 8, 1994, the court awarded Plaintiff E.D. Theriot ERISA benefits and interest against Defendant Colorado Association of Soil Conservation Districts Medical Benefit Plan. On April 6,1995, the court awarded attorney’s fees To...
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41 F. Supp. 2d 1197 (1999) FEDERAL ELECTION COMMISSION, Plaintiff, v. COLORADO REPUBLICAN FEDERAL CAMPAIGN COMMITTEE, Defendant. No. CIV. A. 89 N 1159. United States District Court, D. Colorado. February 18, 1999. *1198 Lawrence M. Noble, Richard B. Bader, Stephen E. Hershkowitz, Colleen T. Sealander, Federal Election Commission, Washington, D.C., for Plaintiff. Thomas Kirby, Carol A. Laham, Jan ...
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MEMORANDUM OF DECISION AND ORDER The habeas coipus petitioner, Rodolfo Taylor, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, in which he claimed the following six grounds for relief: (1) he was denied the right to counsel during a series of lineups; (2) the witnesses identifications of him were the product of unduly suggestive lineups; (3) the trial court ...
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MEMORANDUM OPINION This matter comes before the Court on defendants’ motion to alter or amend the judgment and for a stay. Upon consideration of the motion, plaintiffs opposition thereto, defendants’ reply, and the entire record in this ease, the defendants’ motion will be GRANTED in part and DENIED in part, and the parties will be directed to submit supplemental briefs as specified b...
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MEMORANDUM OPINION AND ORDER Roger Stone filed this lawsuit claiming that the defendants’ operation of a trap shooting facility violates the Clean Water Act, 33 U.S.C. § 1251 et seq., by discharging lead shot, a pollutant, into the navigable waters of the United States without the authorizing permit required by §§ 1311 and 1342 of the Act. The case is before this Court on Stone’s summary ju...
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41 F. Supp. 2d 594 (1999) James WINGFIELD, Plaintiff, v. FRANKLIN LIFE INSURANCE COMPANY, Michael Woods, and Jane Doe, Defendants. No. Civ. 2:98cv1442. United States District Court, E.D. Virginia, Norfolk Division. February 19, 1999. *595 Michael B. Salasky, Norfolk, VA, for plaintiff. Eric W. Schwartz, Mays & Valentine, Norfolk, VA, for defendants. OPINION AND ORDER REBECCA BEACH SMITH, Dis...
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37 F. Supp. 2d 450 (1999) Phillip L. RUSSO, Jr., Administrator of the Estate of Bruce V. Quagliato, deceased, Plaintiff, v. UNITED STATES of America, Defendant. No. 2:98CV842. United States District Court, E.D. Virginia, Norfolk Division. February 19, 1999. *451 James R. McKenry, Bryan K. Meals, Shawn Renee Salyer, Heilig, McKenry, Fraim and Lollar, Norfolk, VA, for Plaintiff. Lawrence R. Leonard...
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OPINION ON MOTION TO DISMISS Presently before the Court is the motion of defendants Michael Demling (“Deml-ing”) and Michael Demling Associates (“MDA”) to dismiss the complaints of plaintiffs Erna Martin and Gertrude Martin (“the plaintiffs”) pursuant to Fed. R.Civ.P. 12(b)(6) for failure to comply with the requirements of N.J.S.A. 2A:53A-27 (West Supp.1998). I. FACTS AND PROCE...
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MEMORANDUM AND ORDER I. INTRODUCTION Harold Hammond pled guilty to conspiring with an informer to buy 15 grams of cocaine. 21 U.S.C. § 846. His offense level was determined by the Probation Department to be 29 points, with a Criminal History Category of VI, mandating a term of imprisonment of 151 to 188 months. After adjustments required by the facts, the offense level w...
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36 F. Supp. 2d 3 (1999) Bondary McCALL, Plaintiff, v. UNITED STATES MARSHALS SERVICE, Defendant. No. Civ.A. 97-0768-LFO. United States District Court, District of Columbia. February 3, 1999. *4 Aretha J. Ector, Owens & Robertson, P.A., Baltimore, MD, for plaintiff. Bondary McCall, Jesup Federal Correctional Institution, Jesup, GA, plaintiff pro se. David T. Smorodin, U.S. Attorney's Office, W...
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Presently before the Court is the motion of plaintiff Assurance Company of America, Inc. (“Assurance”) and the cross-motion of third-party defendant Johnston Insurance Agency, Inc. (“Johnston”) for summary judgment pursuant to Fed. R.Civ.P. 56. I. FACTUAL AND PROCEDURAL BACKGROUND In 1990, Jay-Mar, Inc. (“Jay-Mar”), d/b/a Absecon Home Center, with its principals Jay and Marily...
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MEMORANDUM OF DECISION AND ORDER The plaintiff, Michael Bonitch (“Bonitch” or the “plaintiff’), initiated this action against his former employer, The Original Honey Baked Ham Company of the East, Inc. (“HBH” or the “defendant”), on July 14,1997 by filing a complaint alleging employment discrimination under the Americans With Disabilities Act (“ADA”) and the New York Executive Law § 2...
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MEMORANDUM AND ORDER Plaintiff, Gladys Munch, brought this action against the Defendants, ABC-NA-BET Retirement Trust Plan (the “Plan”) and its Board of Trustees (the '“Board”), alleging that she is a designated beneficiary of a retirement trust pension established for Louis Castagna and is therefore entitled to benefits under the plan. Presently before the Court is the Defendants’ Motion to Di...
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MEMORANDUM On May 12, 1997, plaintiffs Beer & Pop Warehouse, Inc; Case Beer & Soda Outlet, Inc.; Jet Distributors, Inc.; and Q.F.A., Inc. t/b/a “Beer World” filed a complaint alleging that subsections 447(a)(2), (a)(3), (b), and (c) of the Pennsylvania Liquor Code violate section 1 of the Sherman Act, 15 U.S.C. •§ 1. Plaintiffs seek an injunction against the enforcement of the above p...
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DECISION AND ORDER I. Introduction There is a split of authority as to whether a defendant in an admiralty suit is entitled to a trial by jury with respect to defendant’s compulsory counterclaims. Many courts have determined that a plaintiffs non-jury admiralty claim in effect “trumps” a defendant’s jury demand. The United States Circuit Court of Appeals for the Ninth Circuit, on the other hand...
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OPINION Plaintiff claims this is no ordinary dog bite case, and that his constitutional rights were violated. But officers acted reasonably and Plaintiffs claims must fail. I. BACKGROUND While on patrol in the early morning hours of April 14, 1996, Officer Andrew Selvaggio of the Springfield Police Department received a dispatch that two black males had robbed the Best Inn and that one of the me...
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OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner, Henry Lee Hence, Jr. (“petitioner”), presently confined at the Gus Harrison Correctional Facility in Adrian, Michigan, seeks the issuance of a writ of a habeas corpus pursuant to 28 U.S.C. § 2254. In his application, filed pro se, petitioner challenges his conviction and sentence on one count of first degree murder, M.C....
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DECISION AND ORDER The plaintiffs bring this action against the Northern Mutual Insurance Company, alleging that Northern engaged in bad faith when it denied the plaintiffs’ claim for coverage after a barn on their property was destroyed by fire. The plaintiffs commenced this case in the Kenosha County Circuit Court and the defendant removed the case to federal district court pursuant to 28 U...
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OPINION Plaintiff Ellen Fitzgerald brings this action against defendant Ford Marrin Espo-sito Witmeyer & Gleser, L.L.P. alleging sex discrimination, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended by the Civil Rights Act of 1991, 42 U.S.C. § 1981a (“Title VII”); the New York State Executive Law § 296 et seq. (the “...
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*213 OPINION AND ORDER Plaintiff, Elizabeth Sobol, claims that defendant, Kidder, Peabody & Co. (“Kidder Peabody”) violated the federal Equal Pay Act, 29 U.S.C. § 206(d)(1) (“EPA”), Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2, et seq. (“Title VII”), and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 623(e)(1). Plaintiff also alle...
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OPINION AND ORDER Plaintiffs, who are purchasers of Gaming Lottery Corporation (“GLC”) 1 stock allege, on behalf of a putative class, that GLC and two of its officers, Jack Banks (“Banks”) and Larry Weltman (“Welt-man”), violated Section 10(b) of the Securities and Exchange Act of 1934 (the “Exchange Act”) and Rule 10b-5 promulgated thereunder, by making materially false and mi...
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36 F. Supp. 2d 965 (1999) Dante FERRAZZA, Petitioner, v. Arthur TESSMER, Respondent. No. Civ. 97-CV-40233-FL. United States District Court, E.D. Michigan, Southern Division. February 17, 1999. *966 *967 Dante Ferrazza, Kincheloe, MI, pro se. OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS GADOLA, District Judge. Petitioner, Dante Ferrazza ("petitioner"), presently confined at the Ki...
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OPINION AND ORDER Petitioner Francisco Rodriguez (“petitioner” or “Rodriguez”) has filed a petition for a writ of habeas corpus seeking his release from the custody of the Immigration and Naturalization Service (“I.N.S.”). The Government opposes the petition and requests that it be denied on its merits. In the alternative, the Government argues that the petition should be dismissed becaus...
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MEMORANDUM AND ORDER I. INTRODUCTION This matter is before the court on plaintiffs motion seeking reversal of the Social Security Commissioner’s denial of disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq. (Doc. 10). II. PROCEDURAL BACKGROUND On June 9, 1994, plaintiff filed an application for disability benefits...
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MEMORANDUM AND ORDER This matter is before the court on plaintiffs objections to Bill of Costs (Doc. 96) and Motion for Review of Bill of Costs (Doe. 99). Both parties have submitted briefs on these matters and the court is ready to rule. I. BACKGROUND The plaintiff initiated this suit seeking damages under the Americans with Disabilities Act (“ADA”). This court granted summary judgment in favor...
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33 F. Supp. 2d 1306 (1999) James R. PEARSON, Plaintiff, v. CITY OF MANHATTAN, Defendant. No. 97-4086-DES. United States District Court, D. Kansas. February 1, 1999. *1307 *1308 Edward L. Bailey, Carol B. Bonebrake, Cosgrove, Webb & Oman, Topeka, KS, for James R Pearson, plaintiff. Donald Patterson, Fisher, Patterson, Sayler & Smith, Topeka, KS, for City of Manhattan, defendant. MEMORANDU...
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36 F. Supp. 2d 443 (1999) Arquelio ACOSTA OLIVERAS, et al., Plaintiffs, v. PITTSBURGH CORNING CORP., et al., Defendants. No. Civ. 98-2252(DRD). United States District Court, D. Puerto Rico. January 29, 1999. Jose M. Urrutia-Velez, Hato Rey, for plaintiffs. Jose A. Bague-Soto, Rivera Tulla & Ferrer, Hato Rey, PR, James Belk-Arce, Sierra-Serapion, San Juan, PR, Edward M. Borges, San Juan, PR, H...
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OPINION AND ORDER Plaintiff has filed a claim under the Age Discrimination in Employment Act, 29 U.S.C. § 626(b) et seq., hereinafter referred to as ADEA, the Fair Labor Standard Act of 1938, 29 U.S.C. § 217, and various state causes of action under pendent jurisdiction. 1 Before the court is defendants’ Motion to Dismiss for failure to comply with the *114 ADEA’...
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MEMORANDUM On October 30, 1998, Mr. Donald D. Stone filed a pro se complaint against 99 defendants. The complaint runs 158 pages and includes 206 counts. Nearly all of the defendants have filed Motions to. Dismiss, to which Stone has filed extensive oppositions. As explained herein, the Court finds that the Complaint fails to meet the requirements of Rule 8 of the Federal Rules of Civil Procedu...
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ORDER On January 6, 1999, the Honorable Andrew J. Peck, United States Magistrate Judge, issued a Report and Recommendation in the above-captioned matter, recommending that plaintiffs amended complaint be dismissed, without leave to further amend, for lack of subject matter jurisdiction. No objections having been filed, and the parties for that reason having waived their right to furth...
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41 F. Supp. 2d 122 (1999) TRIPLE-S, INC., Juan Velazquez, Plaintiffs, v. Vanessa PELLOT, Court of First Instance, San Juan Part, Defendants. No. Civ. 97-2641(DRD). United States District Court, D. Puerto Rico. January 29, 1999. *123 *124 Pedro J. Manzano-Yates, Fiddler, Gonzalez & Rodriguez, San Juan, PR, for Plaintiffs. Judith Martinez-Fortier, Dept. of Justice of PR, Federal Litigation Divi...
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Presently before the Court are two motions filed by plaintiff Peter Bay Owners Association, Inc. ("Peter Bay Association"), one for issuance of a clerk's deed and one for an order declaring intervening defendant Ethlyn Hall ("Hall") a member of the Peter Bay Association. I. FACTUAL AND PROCEDURAL BACKGROUND On August 21, 1975, this Court issued an opinion in the case of Sammy (Lemme) Harthman, Sr....
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35 F. Supp. 2d 974 (1999) Nichelle RODGERS, Plaintiff, v. APPLE SOUTH, INC., Defendant. Civ. A. No. 3:98CV-488-H. United States District Court, W.D. Kentucky. February 24, 1999. *975 Gerald A. Neal, Louisville, Samuel Fisher, Joel S. Isenberg, Gordon, Silberman, Wiggins & Childs, P.C., Birmingham, AL, for Plaintiff. Culver V. Halliday, Stoll, Keenon & Park, Louisville, Andreas N. Satterfi...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on Defendants’ Motion for Summary Judgment. For the reasons that follow, the Motion is granted. I. Background Plaintiff Reynold “Josh” Klein worked as a Communications Technician Aide (“Tech Aide”) in the Communications Division of the Hennepin County Sheriffs Department from May of 1980 until he retired in May of 1996...
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MEMORANDUM AND ORDER Plaintiff Timothy Kalb, a police officer in the Town of Cortlandt, New York, commenced this action against defendants, Thomas Wood, Ann Lindau, Glenn Cesta-ro, Linda Puglisi, and the Town of Cort-landt, pursuant to 42 U.S.C. §§ 1983 and 1985 alleging violations of his rights protected by the First Amendment to the United States Constitution. 1 Kalb has also...
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36 F. Supp. 2d 63 (1999) NORTEK, INC., Plaintiff, v. Sigfried MOLNAR, Defendant. No. 98-258L. United States District Court, D. Rhode Island. February 22, 1999. *64 John A. Tarantino, Adler, Pollock & Sheehan, Inc., Providence, RI, for plaintiff. Patrick James Quinlan, Providence, RI, for defendant. MEMORANDUM AND ORDER LAGUEUX, Chief Judge. Of all the lakes in all the states in all the world...
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ORDER This matter is before the court upon defendant’s Motion for Summary Judgment (doc. 23), plaintiffs opposing memorandum (doc. 40), and defendant’s reply memorandum (doc. 42) and upon defendant’s Motion to Dismiss (doc. 39), and plaintiffs Motion for Additional Time to Respond (doc. 43), which defendant opposes (doc. 44). Motion for Additional Time Plaintiff has attached to ...
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ORDER Pending before the court is Defendant Ford Motor Company’s Motion to Compel. Defendant seeks production of documents (or a detailed list of such documents) obtained by counsel for Plaintiff from the American Trial Lawyers Association (“ATLA”) concerning the alleged propensity of certain Ford-manufactured vehicles’ transmissions to be in “Illusory Park” rather than “Park.” Defendant cites i...
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ORDER FOR ISSUANCE OF WRIT OF MANDAMUS This bankruptcy case is before the court on the “Motion for Writ of Mandamus or Alternatively for Withdrawal of Reference of Adversary Proceeding” filed by Appellant Fred T. Hiller, III. The motion asks this court to enforce its order which (1) vacated a judgment in this case theretofore entered by this court and (2) instructed the bankruptcy court s...
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MEMORANDUM AND ORDER This matter is before the Court on the Motion to Dismiss or, in the Alternative, for Summary Judgment of defendant United States Equal Employment Opportunity Commission (“EEOC” or “defendant”).1 Plaintiff Perry J. Mace, pro se, opposes the motion and moves for summary judgment on his complaint. Plaintiff also moves for the joinder of the State of Missouri Office of Civil Ri...
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MEMORANDUM WITH REGARD TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Docket No. 8) and DEFENDANT’S MOTION TO AFFIRM THE DECISION OF THE COMMISSIONER (Docket No. 11) This matter is before the court pursuant to 42 U.S.C. § 405(g) of the Social'Security Act, which provides for judicial review of a final decision denying Social Security Disability (“SSDI”) benefits. Richard A. Barrett (“Pla...
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45 F. Supp. 2d 147 (1999) Angel Luis Robles MELENDEZ, et al., Plaintiffs, v. MERK AND COMPANY, INC., et al., Defendants. No. Civ. 90-2218(DRD). United States District Court, D. Puerto Rico. January 29, 1999. *148 *149 Ariel O. Caro-Perez, San Juan, PR, Eric M. Quetglas-Jordan, San Juan, PR, for Plaintiffs. Jose L. Verdiales-Morales, McConnell Valdes, San Juan, PR, Rafael J. Baragano-Amadeo, Yauco...
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Memorandum and Order This matter is before the court on defendant’s motion for summary judgment. (Doc. 28). The court finds that oral argument would not assist in deciding the issues presented. Plaintiff contends that his former employer, the Postal Service, discriminated against him based upon his religion. In 1993, after plaintiff became a member of the Church of God, he informed the Post...
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Memorandum and .Order This matter is before the court on defendant South Kansas and Oklahoma Railroad’s (“SKOR”) motion for new trial. (Doc. 116). Although plaintiff has requested oral argument, the court finds that oral argument would not assist in deciding the issues presented. I. Standard Governing Motion for New Trial. Rule 59(a) permits the court to grant a new trial “for any of th...
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Memorandum and Order This matter is before the court on defendant Raytheon’s Motion to Dismiss or to Stay the Action Pending Arbitration (Doe. 4). Raytheon contends the dispute is subject to arbitration and asks that the action be stayed pursuant to 9 U.S.C. § 3. 1 Plaintiff concedes that one of its claims is subject to arbitration but argues that three others are not. The ...
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Memorandum and Order This matter is before the court on the defendants’ motions to dismiss the complaint. Plaintiff, a former letter carrier, was terminated from his employment with the Postal Service after refusing to work on Saturdays due to his religious beliefs. In a separate lawsuit (Thomas v. Runyon, No. 97-1324), plaintiff alleged that the Postal Service violated his rights under Title V...
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Memorandum and Order This matter is before the court on the defendants’ motion to dismiss the first amended complaint. An answer and a reply have been filed. The court finds that additional oral argument would not assist in deciding the issues presented. I. Facts. This action arises out of a “child in need of care” proceeding initiated by the Kansas Department of Social and Rehabilitati...
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MEMORANDUM I. INTRODUCTION This is a civil rights case arising out of police intervention in a domestic dispute. Plaintiff alleges that defendants. Palmer Township, Palmer Township Police Department, Chief of Police Bruce Fretz, Officer Susan Coopersmith, and Officer Glenn Koehler, during the course of executing a Protection from Abuse Order obtained by plaintiffs husband against pla...
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MEMORANDUM This is an action for patent infringement involving three corporations that market equipment used in the sport of lacrosse, and in particular lacrosse sticks. Pending before the court are numerous motions, including cross motions for summary judgment on the merits of certain infringement claims and invalidity defenses. For the reasons explained below, I shall grant certain of t...
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OPINION In 1990, Alen Questrom was hired as chief executive officer of Federated Department Stores, Inc. (“Federated”) and given the task of leading the company out of bankruptcy. As a spur to his efforts, Questrom’s employment contract provided that he would receive, inter alia, incentive compensation calculated as a fixed percentage of the increase in Federated’s equity value...
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MEMORANDUM OPINION AND ORDER Before the court is defendant The Telemarketing Company’s motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(c) and plaintiff Linda Maddox’s motion for sanctions. For the following reasons, the court grants defendant’s motion for summary judgment and denies plaintiffs motion for sanctions. I. BACKGROUND1 Plaintiff Linda Maddox (“Maddox”) is a ...
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MEMORANDUM AND ORDER Plaintiff Robert Hanson (“Hanson”), an inmate at SCI-Frackville, brought suit under 42 U.S.C. § 1983 against corrections officers (“COs”) Gerald Knarr and Robert Shaffer. 1 Hanson alleges that the defendants violated his Eighth Amendment *400 rights by failing to protect him against an attack by a fellow prisoner. Defendants have moved to d...
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MEMORANDUM While attempting to rise from his seat in front of a slot machine, plaintiff Rocco J. Bruno was “thrown” from his seat, suffering severe personal injuries. He brought this action against defendant Merv Griffin’s Resorts International Casino Hotel, claiming the Casino knew or should have known of the hazardous condition, failed to properly maintain and inspect the chair, fai...
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78 F.Supp.2d 1259 (1999) Bernadette GREEN, Plaintiff, v. KENTUCKY HIGHER EDUCATION ASSISTANCE AUTHORITY and State of Alabama, Defendants. No. 97-1022-RV-C. United States District Court, S.D. Alabama, Southern Division. February 23, 1999. *1260 Christopher Knight, Federal Public Defender, Southern District of Alabama, Mobile, AL, Nancy Bunin, Legal Services *1261 Corp. of Alabama, Mobile, AL, for ...
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43 F. Supp. 2d 1311 (1999) LIGHTWAVE TECHNOLOGIES, L.L.C., Plaintiff, v. ESCAMBIA COUNTY; Escambia County Commission, Defendants. No. Civ.A.98-0492-BH-C. United States District Court, S.D. Alabama, Southern Division. February 22, 1999. *1312 H. William Wasden, Mark E. Tindal, Pierce, Ledyard, Latta & Wasden, P.C., Mobile, AL, for Lightwave Technologies, LLC, plaintiff. James B. Rossler, Mobil...
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MEMORANDUM OPINION Plaintiffs Lindburgh Jackson, Lieutenant Morris, and' Nolan Torbert bring this lawsuit claiming that the City of Auburn, Alabama, discriminated against them on the basis of race in denying their application for a conditional-use permit to construct duplexes. The plaintiffs charge that the City violated their rights under the equal-protection clause of the fourteenth...
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ORDER Plaintiff seeks a writ of mandamus pursuant to 28 U.S.C. § 1361 to prohibit the Appeals Council from reviewing and remanding the decision of an Administrative Law Judge (“ALJ”) to award him disability benefits. The Commissioner moves to dismiss plaintiffs complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), arguing that there is no basis for the issuance of a ...
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MEMORANDUM ORDER This case — involving claims of breach of contract, copyright infringement, and quantum meruit — is again before the Court, on remand from the Second Circuit. On March 17, 1997, in a brief, unreported decision from the bench, the Court granted defendants’ motion to dismiss the Complaint on the ground that the parties had agreed that any disputes be litigated in the Ne...
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MEMORANDUM AND ORDER Pitt-Des Moines, Inc. brought this two-count complaint alleging that Metropolitan Pier & Exhibition Authority (MPEA), Mc3D, Inc. (the design/builder), American Home Assurance Company, St. Paul Fire & Marine Insurance Company, Seaboard Surety Company, Federal Insurance Company, United States Fidelity & Guaranty Company, Fidelity and Deposit Company of Ma...
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OPINION AND ORDER Plaintiff John Lauro, Jr. (“Plaintiff’) claims that, on September 18, 1995, defendants deprived him of rights guaranteed by the United States Constitution and New York state law when he was allegedly arrested unlawfully by defendant Detective Michael Charles (“Det. Charles”) and subjected to a “perp walk” in view of television cameras of Fox 5 News. Defend...
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ORDER GRANTING WRIT OF HABEAS CORPUS Petitioner Jerry J. Kilpatrick, who is in federal custody on his conviction of conspiracy to distribute methamphetamine in violation of 21 U.S.C. § 846, challenges the refusal of the Bureau of Prisons to reduce his sentence based on his successful completion of an in-custody substance abuse treatment program. The Bureau denied Mr. Kilpa-trick’s request for...
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36 F. Supp. 2d 448 (1999) CARIBE INDUSTRIAL SYSTEMS, INC., Plaintiff, v. NATIONAL STARCH AND CHEMICAL COMPANY, et al., Defendants. No. Civ. 97-2439(PG). United States District Court, D. Puerto Rico. February 23, 1999. *449 Eric Pérez-Ochoa, Hato Rey, P.R., for plaintiff. Jaime E. Toro-Monserrate, San Juan, P.R., for defendants. OPINION & ORDER PEREZ-GIMENEZ, District Judge. On September 29, ...
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MEMORANDUM & ORDER This trademark action is before the Court on the Plaintiffs Motion for a Preliminary Injunction. Plaintiff Public Service Company of New Mexico [“PNM”] has sued Nexus Energy Software, Inc. [“Nexus”] because of Nexus’ use of the mark “e NERGYplace” and the domain name “energyplace.com.” PNM claims that Nexus’ use of these marks infringes its service mark “Energy Place,” ...
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OPINION AND ORDER Before the Court is a motion for summary judgment filed by Defendants José Fuentes Agostini (“Fuentes Agostini”), Lydia Morales, and Pedro Pierluisi (collectively “Defendants”) in this action brought pursuant to section 1983. 1 Morales is the former director of the Special Investigations Bureau (“SIB”) of the Puerto Rico Department of Justice. Fuentes Agostini...
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DECISION and ORDER This is an action under § 4 of the United States Arbitration Act, 9 U.S.C. § 4, to compel arbitration of the parties’ dispute concerning the defendant’s alleged failure to post jobs and the wage rate for posted jobs. The parties have each filed a motion for summary judgment. The plaintiffs motion for summary judgment will be granted, and the defendant’s motion for summary judgm...
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OPINION AND ORDER Defendant, Ethicon Corporation, filed a motion praying for the dismissal of the complaint under Local Rule 313.1B and Federal Rule of Civil Procedure 41(b) (Docket # 12). Plaintiff, Maria del Carmen Figueroa, filed her opposition to defendant’s motion (Docket # 14). Together with the motion requesting leave to file a reply to plaintiffs opposition, defendant filed the reply (Do...
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*414MEMORANDUM Defendant has moved for summary judgment because plaintiff's claims have already been adjudicated in a formal arbitration proceeding pursuant to a private employment contract. Plaintiff seeks relief for alleged wrongful discharge, breach of contract, and intentional infliction of emotional distress. This case is properly before the Court under federal question jurisdiction resulting...
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42 F.Supp.2d 87 (1999) JMTR ENTERPRISES, L.L.C., JMTR Management Co., Inc., James H. Mitchell, III and Mary A. Mitchell, Plaintiffs, v. Gloria DUCHIN, Gloria Duchin, Inc. and Duchin Realty, Inc., Defendants. No. Civ.A. 98-11910-WGY. United States District Court, D. Massachusetts. February 18, 1999. *88 *89 *90 Danielle E. deBenedictis, deBenedictis, Miller & Blum, Boston, MA, for JMTR Enterpr...
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MEMORANDUM AND ORDER ON DEFENDANTS’ MOTION TO DISMISS On April 4, 1998, Jane Doe, a pseudonymous plaintiff, brought this Complaint against defendants Ronald Mercer, Michael Irvin, and Chauncey Billups. 1 Doe claims that the three men raped her. 2 She seeks civil damages from the defendants under the Violence Against Women Act (VAWA), 42 U.S.C. § 13981. Before the...
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52 F. Supp. 2d 522 (1999) In re Leroy RICHARDS, Petitioner. No. 97-123. District Court, Virgin Islands, Appellate Division, D. St. Thomas and St. John. February 19, 1999. *523 A.J. Weiss & Associates, St. Thomas, for Petitioner. Maureen Phelan-Cormier, Assistant Attorney General, Virgin Islands Department of Justice, St. Thomas, for Respondent. Leon Kendall, General Legal Counsel, Territorial...
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MEMORANDUM OPINION AND ORDER Before the court are Plaintiffs Motion for Summary Judgment, filed October 23, 1998, and Defendant’s Motion for Summary Judgment, filed November 23, 1998. Upon careful consideration of the motions, responses, replies, and the applicable law, the court has determined that for the reasons that follow, Defendant’s Motion for Summary Judgment is granted, and P...
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MEMORANDUM & ORDER This matter is before the Court for consideration of Abbott Laboratories’ [“Abbott”] motion for preliminary injunction, in *71 which Abbott requests that this Court enjoin LifeScan, Inc. and Selfcare, Inc. [“the defendants”] from the manufacture and sale of the defendants’ FastTake® test strips, which are used to monitor blood glucose levels. After cons...
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MEMORANDUM OPINION AND ORDER Before the court are Defendant’s Motion for Summary Judgment, filed July 29, 1998, and Defendant’s Motion to Strike Portions of Affidavits, filed September 8, 1998. After careful consideration of the motion, response, reply, and the summary judgment evidence, the court grants Defendant’s Motion for Summary Judgment. The court grants in part and denies in p...
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MEMORANDUM OPINION AND ORDER Pending before the court are Plaintiffs’ [sic ] Motion for Summary Judgment (Docket Entry No. 9) and Defendant’s Motion for Summary Judgment (Docket Entry No. 10). I. BACKGROUND On July 1, 1996, John W. Painter & Assoc. Inc. (“Painter”) established a health benefits plan for its employees. The plan was self-funded. Painter cont...
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MEMORANDUM AND ORDER Pending before the court is Defendant State Farm Lloyds’s (“State Farm”) Motion for Partial Summary Judgment (# 17). Having reviewed the motion, the submissions of the parties, the pleadings, and the applicable law, the court is of the opinion that State Farm’s motion should be granted. I. Background On May 10, 1996, Plaintiffs Robert and Sally Dougl...
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MEMORANDUM OPINION AND ORDER Plaintiffs, Sigma-Tau Industrie Farmaceu-tiche Riunite, S.p.A. (“Sigma-Tau”) and its subsidiary Biosint, S.p.A. (“Biosint”), commenced this action against defendant, Lonza, Ltd., for a declaratory judgment of non-infringement and invalidity of United States Patent No. 5,073,376 (“’376 patent”). Currently pending before this Court is Lonza’s renewed motion ...
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ORDER Pending before the Court is Plaintiffs Motion for Partial Summary Judgment (Document Entry No. 12), to which Defendant has responded (Document Entry No. 19). Also pending is Defendant’s Request for Oral Argument Regarding Plaintiffs Motion for Summary Judgment (Document Entry No. 22). Because the facts and legal arguments are thoroughly presented in the briefs and record, and th...
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DECISION AND ORDER I. FACTUAL AND PROCEDURAL BACKGROUND On the night of March 26, 1997, plaintiff Clarence Johnson IV, age 17, and a friend, Larry Moore, age 15, were riding their bikes in an alley off of Center Street in the City of Milwaukee. They encountered an unidentified young man with whom they exchanged words. Then a fight broke out between them and the unidentified male....
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111 F. Supp. 2d 1299 (1999) Cherry L. BREWER, et al., Plaintiff, v. CITY OF DAPHNE, et al., Defendants. No. Civ.A. 97-0159-S. United States District Court, S.D. Alabama, Southern Division. January 28, 1999. *1300 *1301 MEMORANDUM OPINION AND ORDER STEELE, United States Magistrate Judge. In this prison suicide case, Plaintiff asserts claims against all defendants pursuant to 42 U.S.C. §§ 1983, ...
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MEMORANDUM OPINION TABLE OF CONTENTS I. INTRODUCTION.860 A. Case History.862 1. Ruiz v. Estelle.862 2. The 1992 Final Judgment.863 B. The Prison Litigation Reform Act.864 C. Post-1992 Procedural History .865 *859 II. SUMMARY AND CLARIFICATION OF ISSUES.869 A. The Parties’ Positions .869 B. The Proper Scope of this Decision ....
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MEMORANDUM I. INTRODUCTION Plaintiff, Ronald T. Ferguson has filed a claim pursuant to the Federal Employer’s Liability Act, 45 U.S.C. § 51 (“FELA”) against his former employer, CSX Transportation (“CSX”). Specifically, plaintiff has brought a claim under FELA for the negligent infliction of emotional distress caused by defendant CSX. Before the Court is defendant’s motion for summar...
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MEMORANDUM AND ORDER This is an employment discrimination action brought by the plaintiff, Daniel M. Kauffman (“Kauffman”) alleging the defendant, California Acrylic Industries, Inc. d/b/a Cal Spas (“Cal Spas”) discriminated against him on the basis of his affliction with Crohn’s disease in violation of the Americans With Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. Before the cour...
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MEMORANDUM & ORDER Before the court is the defendant’s motion for summary judgment and plaintiffs cross-motion for partial summary judgment. Because there is no genuine issue of material fact regarding plaintiffs claims of breach of contract, fraudulent inducement, or invasion of privacy, the complaint must be dismissed. I. Factual Background The basis of this suit i...
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41 F. Supp. 2d 943 (1999) Joseph C. DYRDA, Plaintiff, v. WAL-MART STORES, INC., Defendant. No. 98 Civ. 2248 (DDA/AJB). United States District Court, D. Minnesota. January 15, 1999. *944 Owen R. Humphreys, Herbert, Welch, Humphreys & Grindberg, Forest Lake, MN, for plaintiff. *945 Andrew L. Marshall, Bassford, Lockhart, Truesdell & Briggs, Minneapolis, MN, for defendant. ORDER ALSOP, Seni...
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ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge having filed with the Court on November 19, 1998, with copies to counsel, his Recommended Decision on Defendant’s Motion for Summary Judgment (Docket No. 118); and Plaintiff having filed its objection thereto on December 7, 1998 (Docket No. 119), to which objection Defendant filed its r...
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55 F. Supp. 2d 534 (1999) George Godfrey RODRIGUE, Jr. v. Veronica Hidalgo RODRIGUE. Civil Action No. 95-2862. United States District Court, E.D. Louisiana. February 12, 1999. *535 *536 Alfred S. Lippman, Lippman, Mahfouz & Martin, Morgan City, LA, Marc David Winsberg, Halpern, Danner & Winsberg, LLC, Metairie, LA, Cynthia LeBourgeois, Lafayette, LA, Charles Dean Domingue, Robert Lawrence...
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ORDER This matter comes before the Court on the motion of Defendant Federal Express Corporation (“FedEx”) for a judgment on the pleadings, Fed.R.CivP. 12(c), or, alternatively, for summary judgment, Fed. R.Civ.P. 56. For the reasons stated below, the Court will treat the motion as one for summary judgment and grant the motion. Also before the Court is Plaintiffs’ motion to strike, as prem...
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OPINION This is an action filed by three hourly employees of defendant GTE North, Inc., pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 132(a), and the Labor Management Relations Act, 29 U.S.C. § 185. Plaintiffs allege that defendants breached their fiduciary duty to administer the pension plan and early retirement program and unlawfully denied benefits ...
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*2 OPINION This case is before the Court on defendants’ Motion No. 5, to dismiss those portions of Count 18 of the Superseding Indictment relating to allegations of conspiracy to obstruct a congressional investigation in violation of 18 U.S.C. §§ 371 and 1505. Upon consideration of the defendants’ motion, the government’s opposition, the defendants’ reply and the arguments of...
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ORDER ON MOTION TO DISMISS COUNTS I AND IV OF COMPLAINT This cause is before the Court on Defendant’s Motion to Dismiss Counts I and IV of the complaint (Dkt.4), and Plaintiffs response (Dkt.9). STANDARD OF REVIEW A court should not dismiss a complaint for failure to state a claim upon which relief can be granted unless it appears beyond doubt that the plaintiff can prov...
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OPINION These consolidated cases have been before the Court multiple times in recent months on *5motions for preliminary injunctions. After considering the circumstances that led plaintiffs to file the original Blackman and Curtis class action lawsuits and, of late, to file numerous individual motions for preliminary injunctions, the Court concludes that extraordinary circumstances exist to warr...
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OPINION AND ORDER This matter is before the Court on Defendant’s Motion for Summary Judgment. Plaintiff Velma Vannoy brings this action alleging violations of her rights under the Age Discrimination In Employment Act (“ADEA”), 29 U.S.C. § 623. For the reasons stated below, Defendant’s Motion for Summary Judgment is hereby GRANTED. I. Plaintiff was born on April 3, 1934. Duri...
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MEMORANDUM AND ORDER Plaintiff credit union was suspended from operation on April 22, 1998, by the Department of Financial Institutions on the basis of seven specified grounds. The suspension was contested in an adversary proceeding, but the hearing officer recommended that the suspension order be sustained, and it was. A liquidation order followed. Plaintiff then sought judicial revi...
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MEMORANDUM OPINION AND ORDER In this action, plaintiffs — all residents of the Village of Oak Park who are active participants in the National Day of Prayer (“NDP”) meetings there — challenge Oak Park’s “Village Hall Use Policy,” claiming it violates the Free Speech Clause of the First Amendment. Before us now are the parties’ cross-motions for summary judgment. For the reasons set fo...
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MEMORANDUM REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION On January 18, 1996, in a previous incarnation of this lawsuit, Pratt v. Philbrook, C.A. 95-30143 (Pratt I), this court issued an order of dismissal, following a hearing *65 at which counsel announced that the case was settled. The Order indicated that the case was dismissed “without prejudice to the right,...
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OPINION AND ORDER This case is before the Court on defendants’ motion to dismiss pursuant to Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976) and its progeny (Dockets # 8,10), which was duly opposed (Docket # 19). For the reasons set forth below, defendants’ motion (Dockets # 8, 10) is hereby GRANTED in part and DENIED...
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OPINION AND ORDER Plaintiffs in this action are several organizations that advocate for the preservation of Puerto Rico’s natural resources, as well as several fishermen associations. They are Mayagüezanos por la Salud y el Ambiente; Liga Ecológica Puertorriqueña del Noroeste, Inc.; Tourism Association of Rincón, Inc.; Asociación de Pescadores del El Maní; and Asociación de Pescadores de ...
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OPINION On February 20, 1998, Larry Harmon Pictures Corp. and Larry Harmon (collectively “Harmon”) filed an action against Richard Feiner and Company and Richard Feiner (collectively “Feiner”) in the Central District of California. Feiner holds the copyrights to several motion pictures of the late comedy team of Stan Laurel and Oliver Hardy, as well as the still photographic images de...
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OPINION & ORDER Plaintiffs have brought suit alleging violations of Section 10(b) of the Securities Exchange Act of 1934 (“1934 Act”), 15 U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5, common law fraud, and breach of fiduciary duty. Defendants have moved to dismiss on the following grounds: (1) that the complaint fails to plead scienter adequately; (2) ...
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OPINION AND ORDER This case is before the Court upon the motion filed by the plaintiff for relief from judgment, pursuant to Fed.R.Civ.P. 60(b). Specifically, the plaintiff requests that this Court reenter the final Order issued on April 7, 1998 at a later date so that the plaintiff may file a timely notice of appeal and obtain review of the United States Court of Appeals for the Sixth Circui...
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36 F. Supp. 2d 984 (1999) Larry BURTON, Plaintiff, v. Eugene I. SELKER, Mark Selker, Phillip C. Furber, and Selker & Furber, Defendants. No. 1:98-CV-289. United States District Court, N.D. Ohio, Eastern Division. February 24, 1999. Edward R. La Rue, Yelsky & Lonardo, Cleveland, OH, Dean Browning Webb, Vancouver, WA, for Larry Burton. George S. Coakley, John P. O'Neil, Reminger & Remin...
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MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT This is an action for breach of contract and quantum meruit. At the center of the controversy is a purchase order dated July 23, 1997 relating to the sale of awning parts, specifically “upper and lower arm extrusions.” 1 The instant ac...
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MEMORANDUM OPINION AND ORDER This case requires the Court to consider whether the Federal Arbitration Act allows a district court or commercial arbitrators to correct an arbitration award based in part upon a mathematical calculation which the arbitrators subsequently acknowledge to be erroneous. The question arises on a petition to modify and correct the award, or alternatively to remand...
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36 F. Supp. 2d 7 (1999) UNITED STATES of America v. Russell Eugene WESTON, Jr., Defendant. No. CR. A. 98-357(EGS). United States District Court, District of Columbia. February 12, 1999. *8 Ronald Walutes, Erik Christian, David Goodhand, Assistant United States Attorneys, Washington, DC, for U.S. A.J. Kramer, Federal Public Defender, L. Barrett Boss, Assistant Federal Public Defender, Washington, ...
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ORDER AND OPINION This matter is before the Court on Defendants’ Motions for Summary Judgment. Plaintiff Alan J. Brand brings this action alleging breach of collective bargaining agreement by his employer, Defendant Hancock Manufacturing Co., Inc. (“Hancock”), and failure to represent by Defendant United Steelworkers of America (“Union”). For the following reasons Defendants’ Motions for Summar...
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ORDER This matter is before the court on the parties’ cross-motions for summary judgment *1321 on plaintiffs claims under the Americans with Disabilities Act (“ADA”). The court conducted a hearing on these motions on February 16, 1999, at which plaintiff was represented by Andrew McCullough, John Pace, Lauren Barros, and Stephen Clarke; the Davis County defendants were repres...
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MEMORANDUM On November 20, 1998, Aubey Brent Harmon appeared before the Court to plead guilty to a one-count bill of information which charged: The United States Attorney charges that on or about May 27, 1998, in the Northern District of Florida, the defendant AUBEY BRENT HARMON, aided and abetted by others known and unknown to the United States Attorney, did, with intent to defraud, pass, utter...
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MEMORANDUM AND ORDER I. INTRODUCTION.333 II. FACTS AND PROCEDURAL BACKGROUND CO CO 4^ A. Procedural History. CO CO ^ B. Out-of-State Shootings. CO CO ^ 1. Christopher Malaehi. CO CO JSw 2. David Johnstone. 00 CO CJX III LAW.335 A. Choice of Law.335 1. New York’s Choice of Law Rules.335 2. Renvoi.338 B. Transfer.339 IV APPLICATION ...
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MEMORANDUM-DECISION AND ORDER Introduction Plaintiff Thomas E. Monroe has been in the employ of Defendant Cortland County since 1982. Since the 1960s he has suffered from anal fissures, which is a chronic condition that can cause pain and rectal bleeding under certain circumstances. The County was unaware of Plaintiffs condition until late 1995, when Plaintiff worked as Recycling For...
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ORDER On January 13, 1999, the Court heard argument on the government’s motion to admit under Federal Rule of Evidence 804(b)(1) the deposition of Guillermo Diaz, taken on May 8, 1992 by the defense in a civil forfeiture action. Steven F. Gruel and Stephen H. Jigger appeared on behalf of the United States; Elliot R. Peters and Daralyn G. Du-rie appeared for defendant Stephen Wilson. Having cons...
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OPINION AND ORDER REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION This matter is presently before the Court on the Motion for Summary Judgment filed by Defendant Metropolitan Life Insurance Company (“MetLife”). Plaintiff has responded to Defendant’s Motion to which Response Defendant has replied. Having reviewed the parties’ briefs and supporting documen...
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ORDER Plaintiff filed a Complaint in this action on April 30, 1998 against Charles Rossotti, the Commissioner of the Internal Revenue Service (“the I.R.S.”); Jack Chetasky and Al Ziccardi, I.R.S. employees; and the Arizona Department of Revenue (“A.D.R.”). It is difficult to determine the bases for Plaintiffs allegations, for his Complaint lacks factual specificity and merely recites a litany o...
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94 F.Supp.2d 1077 (1999) Joseph A. AMATO, Plaintiff, v. The UNITED STATES of America; Angeline A. King, a widow; Richard S. Lavin, a single person; Judy A. Wood, a.k.a. Judy A. Lavin; and Joyce Jorgenson; Home Federal Savings & Loan Association of Nampa, a corporation, Defendants. Joyce Jorgenson Cross-plaintiff, v. Angeline A. King, Richard S. Lavin, and Judy A. Wood, Cross-defendants. No. 9...
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MEMORANDUM AND ORDER This is a petition for writ of habeas corpus, 28 U.S.C. § 2241, filed by an inmate of the Federal Prison Camp, Leavenworth, Kansas. The issue to be resolved is whether a prisoner convicted of a nonviolent drug offense, whose sentence was enhanced for possession of a firearm, was legally deemed by the Director of the Bureau of Prisons to be ineligible to receive th...
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MEMORANDUM & ORDER BACKGROUND Plaintiff Steven Pfeffer (“Pfeffer”) filed this Complaint asserting three causes of action arising out of a commercial dispute he had with the defendants, Jonathan Mark (“Mark”) and Mark Athletic Ltd. (“Mark Athletic”). Pfeffer seeks an accounting, his unpaid salary and the repayment of a loan he allegedly made to Mark Athletic. The defendants no...
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MEMORANDUM AND ORDER This is a petition for writ of habeas corpus, 28 U.S.C. § 2241, filed by an inmate of the Federal Prison Camp, Leavenworth, Kansas. Jurisdiction is also alleged under 28 U.S.C. § 1331. The issue to be resolved is whether a prisoner convicted of a nonviolent drug offense, whose sentence was enhanced for possession of a firearm, was legally deemed by the Director of...
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MEMORANDUM AND ORDER This is a petition for writ of habeas corpus, 28 U.S.C. § 2241, filed by an inmate of the Federal Prison Camp, Leavenworth, Kansas. The issue to be resolved is whether Ward, who was convicted of a nonviolent drug offense but had his sentence enhanced for possession of a firearm, was legally deemed by the Director of the Bureau of Prisons to be ineligible to receiv...
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MEMORANDUM AND ORDER BACKGROUND Plaintiffs Piper Jaffray Companies Inc. (“PJCI” or “PJC”), Piper Jaffray Inc., Piper Capital Management Incorporated (“PCM”) and Piper Funds Inc. (“Piper”) purchased Directors and Officers (“D & 0”) insurance policies from Defendants National Union Fire Insurance Company of Pittsburgh, Pennsylvania (“National Union”), Rebanee National Indemnity Co. (“R...
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45 F. Supp. 2d 544 (1999) UNION PACIFIC RESOURCES GROUP, INC., et al., Plaintiffs, v. RHÔNE-POULENC, INC., Defendant. No. 4:98-CV-066-A. United States District Court, N.D. Texas, Fort Worth Division. March 2, 1999. *545 *546 Dennis N. Ryan, Andrews & Kurth, Dallas, TX, for plaintiffs. Oscar Morris Harrell, Locke Liddell & Sapp, Dallas, TX, for defendant. MEMORANDUM OPINION and ORDER McBR...
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MEMORANDUM OF DECISION AND ORDER On January 16, 1998, plaintiff, Sherri E. Hite (“Hite”) filed her complaint against *724 Defendant Biomet, Inc. (“Biomet”) alleging violations of the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. § 2617, the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12111, et seq., and the Employee Retirement Income Securit...
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MEMORANDUM DECISION AND ORDER In this Section 1983 action, the plaintiff Equus Associates Ltd. (“Equus” or the “plaintiff’) alleges that the defendants, the Town of Southampton (the “Town”), its Town Board, the current Town Board members, the past Town Board members who sat on the Board during the relevant time period, and the former Town Attorney, Michael Walsh (collectively the “def...
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MEMORANDUM OF OPINION AND ORDER Plaintiff San Francisco Baykeeper (“Bay-keeper”) brings suit against Vallejo Sanitation and Flood Control District (the “District”), asserting violations of the Clean Water Act (“CWA”), 33 U.S.C. §§ 1251-1387. Relying on certain language in the Supreme Court’s recent decision in Steel Company v. Citizens for a Better Environment, 523 U.S. 83,...
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MEMORANDUM-DECISION and ORDER Currently before the court are defendants’ motions for summary judgment, which plaintiff opposes, as well as plaintiffs cross-motion to supplement his complaint, which defendants oppose. Following oral argument on February 12, 1999, the court reserved decision on these motions. Having examined their merits carefully, the court denies plaintiffs motion to supp...
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*1355 ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS THIS CAUSE is before the Court on two motions to dismiss the Amended Complaint, filed by (1) Defendants Omega Research, Inc., William R. Cruz, and Ralph L. Cruz (“Omega Defendants”), on August 18, 1998; and (2) Defendants BancBoston Robertson Stephens, Lehman Brothers, and Hambrecht & Quist (“Underwriters”), ...
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ORDER THIS CAUSE came before the Court upon Defendant’s Motion for Summary Judgment as to Count I-Hostile Work Environment (DE # 33). UPON CONSIDERATION of the motion, responses, materials submitted, the pertinent portions of the record, and being otherwise fully advised in the premises, the Court .enters the following Order. *1356 BACKGROUND Plaintiff Carmen M...
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36 F. Supp. 2d 1351 (1999) P. Thomas KOLFENBACH, Plaintiff, v. John M. MANSOUR and William P. Doucas, Defendants. No. 98-6179-CIV. United States District Court, S.D. Florida, Miami Division. February 8, 1999. *1352 Pedro J. Martinez Fraga, Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, FL, for plaintiff. Robert A. Milne, Roth, Milne & Rousso, Miami, FL, Peter J. Yanowi...
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ORDER This matter comes before the Court on Defendants’ Joint Motion for Summary Judgment (D.E.199). For the reasons stated below, this Court will deny Defendants’ Motion and enter factual findings pursuant to Federal Rule of Civil Procedure 56(d). Procedural Background This action began almost nine years ago with a Complaint filed against two South Miami-Dade County far...
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MEMORANDUM AND ORDER Kathleen Romano (“plaintiff’) worked about eight years for the A.T. Cross Company (“defendant”). The Greenville resident is in her mid-40s, but she suffers from various disabilities that keep her from living entirely independently. She works. She banks. She speaks American Sign Language. She drives a car. However, she is deaf and suffers from mental disabilities t...
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ORDER Before the Court is Defendant OfficeMax, Inc.’s Motion for Summary Judgement. Background At the time of the events at issue, Plaintiff William Jones, Jr., (“Jones”) had been employed by Defendant OfficeMax, Inc. (“OfficeMax”) for over six years and had recently been promoted to the position of store manager. Defendants Aetna Life and Aetna Healthcare 1 were plan sponsors and adminis...
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OPINION AND ORDER Petitioner Matthew Hermanowski, formerly a legal resident alien, has been ordered to be deported from the United States by Respondent, Immigration and Naturalization Service (“INS”). The INS has been unable to execute Hermanowski’s deportation order due to diplomatic difficulties with Hermanowski’s native Poland. While these two governments have debated his fate, Her...
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MEMORAND UM-DE CISION AND ORDER On August 10, 1998, defendant Leon Howard (“Howard”) pleaded guilty to conspiracy to possess a controlled substance with intent to distribute in violation of 21 U.S.C. § 846. Specifically, Howard pleaded guilty to having participated in the sale of 4.8 grams of cocaine base on March 4, 1997. The question pending is whether the additional 43.5 grams of cocaine a...
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ORDER THIS CAUSE has come before the Court upon the following motions: 1. Quantachrome’s Motion for Summary Judgment, filed October 21, 1998 (D.E.# 70); 2. Micromeritics’ Motion for Summary Judgment of Liability, filed December 7, 1998 (D.E.# 90); 3. Micromeritics’ Motion for Partial Summary Judgment, filed December 7, 1998 (D.E.# 91); and 4. Quantachrome’s Cross Motio...
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42 F.Supp.2d 1293 (1999) UNITED STATES of America, Plaintiff, v. FIFTY SEVEN THOUSAND, FOUR HUNDRED AND FORTY-THREE DOLLARS ($57,443.00), Defendant. No. 97-1602-Civ-LENARD. United States District Court, S.D. Florida. January 24, 1999. *1294 *1295 AUSA Gerardo M. Sims, United States Attorney's Office for the Southern District of Florida, Miami, Florida, for plaintiff. Peter S. Herrick, Miami, Flor...
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LETTER OPINION This matter comes before the Court on the City of Newark’s motion for an order restraining the State of New Jersey, Department of Personnel, Merit System Board, from enforcing its November 10, 1998 Decision ordering the removal of Edward Dunham from the position of Fire Chief for the City of Newark. The Court heard oral argument on January 26, 1999. For the reasons explained be...
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MEMORANDUM AND ORDER This matter is presently before the court upon plaintiffs renewed application for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, and plaintiffs renewed motion for fees under the Social Security Act, 42 U.S.C. § 406(b)(1). I. This case has long and protracted history. Plaintiff filed this action seeking social security disability benefits...
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ORDER THIS CAUSE came before the Court upon the following Motions: 1 (1) Kipnis, Tescher, Lippman, Valinsky & Kain (“Tescher”), Jay Valinsky and Michelle Kain’s Motion to Dismiss (DE # 38); (2) Greg R. Neilsen, Warren E. Platt, William C. Gibbs and Snell & Wilmer’s (“Snell & Wilmer”) Motion to Dismiss Plaintiffs First Amended Complaint (DE # 45); (3) Peter Güilo...
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MEMORANDUM OF OPINION AND ORDER Plaintiff Patrick Dowden brings this section 1983 action challenging disciplinary action taken against him by the Sacramento Police Department (the “Department”). The Department moves to dismiss Dow-den’s action under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), or, in the alternative, to stay the proceedings. I. ...
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MEMORANDUM AND ORDER This matter is presently before the court upon defendants’ motion to enforce stay or to abstain. Having carefully reviewed the materials submitted by the parties, the court is now prepared to rule. Mary Hartung and John Reuter, bring this declaratory judgment action in their capacities as rehabilitator and deputy re-habilitator, respectively, for The Universe Life Insur...
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MEMORANDUM AND ORDER This case is now before the court upon plaintiffs motion for preliminary injunction, defendant’s motion to dismiss and plaintiffs motion to combine the hearing upon the preliminary injunction motion with the trial on the merits. BACKGROUND Plaintiff is a nonprofit Kansas corporation exempt from federal income tax. It promotes “pro-life” issues and attemp...
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ORDER This a tax case involving the Museum of Flight’s lease of the first 747 back to Boeing to serve as a test-bed for new high-thrust engines in the 777 project. The parties have stipulated to the factual record. The only issue in this case is whether the ordinarily tax-exempt Museum is liable for taxes on the lease income as “unrelated business taxable income” under 511(a)(1) of the In...
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78 F.Supp.2d 543 (1999) State of LOUISIANA, et al. v. BRASELMAN CORPORATION, et al. No. Civ.A.96-0862 CW. United States District Court, E.D. Louisiana. February 10, 1999. *544 Richard Gladstein, Aimee Jimenez, Michael Donnellan, Environmental Enforcement Section, U.S. Dept. of Justice, Washington, DC, James L. Turner, U.S. Environmental Protection Agency, Dallas, TX, for plaintiff U.S. Louis E. B...
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AMENDED 1 OPINION AND ORDER I. Introduction Pending before the court is Plaintiff Portland General Electric Co.’s (“PGE’s”) *1204 motion for a declaratory judgment against Trust No. 1 of Defendant U.S. Bank Trust National Association (“U.S.Bank”) and motion to dismiss Trust No. l’s counterclaims. (Does. 57 and 71.) PGE seeks a ruling that an appraisal of the v...
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OPINION AND ORDER I. Introduction Pending before the court is Plaintiff Portland General Electric Co.’s (“PGE’s”) motion for a declaratory judgment against Trusts No. 2 and 3 of Defendant U.S. Bank Trust National Association (“U.S.Bank”). For the foregoing reasons, the motion shall be granted, and an order shall be entered finding the December 17, 1998 full report of the appraisal of...
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MEMORANDUM ORDER This is an appeal from a determination of non-disability by plaintiff Vera Schmidt. Schmidt applied for disability benefits on July 11, 1994, stating that she had become disabled on February 16 of that year. The claim was denied initially and on reconsideration. An Administrative Law Judge denied her claim on January 26, 1996. He determined that Schmidt was unable to ...
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OPINION AFFIRMING THE ORDER OF THE BANKRUPTCY COURT This matter comes before me on appeal from the determination after trial of Bankruptcy Judge Adlai S. Hardin, Jr., which granted the Plaintiff-Appellee’s motion for leave to sell the residence of Debtor and his wife in accordance with Section 363(h) of the United’States Bankruptcy Code. The Order of the bankruptcy court is affirmed. ...
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MEMORANDUM OF DECISION AND ORDER This lawsuit arises out of the pro se plaintiffs dissatisfaction with a decision by the Long Island Railroad (“LIRR”) and the Metropolitan Transportation Authority (“MTA”) to close the train station located in Center Moriches, Long Island (the “Station”). In so doing, the plaintiff, John P. Hassan (“Hassan” or the “plaintiff’), contends that...
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ORDER ON APPEAL FROM BANKRUPTCY COURT’S ORDER This is an appeal from an order of the United States Bankruptcy Court for the Western District of Washington holding that a bankruptcy estate owes no additional taxes, penalties or interest. In so holding, the court ruled that the gain on the sale of an individual Chapter 7 debtor’s residence is excluded from gross income of the debtor’s bankr...
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ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES Plaintiff JJR, Inc. (“JJR”) seeks as award of attorneys’ fees and costs incurred by JJR in litigating the above-captioned matter before this Court and before the Ninth Circuit Court of Appeals. 1 26 U.S.C. § 7430 (1988) governs plaintiffs request 2 and authorizes an award for reasonable administrative and litigation costs to the prevaili...
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MEMORANDUM OPINION AND ORDER On October 23, 1998, Defendant United States filed its Motion to Dismiss or, in the alternative, for Summary Judgment [Doc. No. 3], which I have concluded should be GRANTED. BACKGROUND On or about April 26, 1990, Plaintiff Bill Max Overton (“Overton”) filed a 1989 federal income tax return at the Department of the Treasury-Internal Revenue Servic...
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RULING Before this court are cross Motions for Summary Judgment filed by plaintiff Sharon Rambo (“Rambo”) and defendants Morehouse Parish School Board (“School Board”), Michael Faulk (“Faulk”), Charles Sims (“Sims”), Loe Dunn (“Dunn”), Doris Jackson (“Jackson”), George Estep, Jr. (“Estep”), T.A. Rogers (“Rogers”), James Bonsali (“Bonsali”) and Frankie Conway (“Conway”) (collectively “...
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OPINION AND ORDER I. INTRODUCTION The Court has before it Petitioner Her-minio Pichardo Berges’ (“Petitioner”) Motion filed under 28 U.S.C. § 2255, Respondent United States’ Response, Petitioner’s Reply, and Petitioner’s Informative Motion and Second Informative Motion. (Docket No’s. 2, 8, 10, 12 & 13). In his § 2255 motion, Petitioner requests that his December 1, 1992 sentence be m...
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OPINION AND ORDER I. INTRODUCTION AND BACKGROUND The Court has before it Defendants’ Motion for Summary Judgment (docket No. 60), Motion Requesting Leave to Correct Summary Judgment (docket No. 49) and Plaintiffs Opposition to Motion for Summary Judgment (docket No. 64). Plaintiffs Satya N. Mandavilli (“Mandavilli”), Luis Gast Pineda (“Gast”), Laura Mastrangelo Puech (“Mastrangel...
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MEMORANDUM OPINION On October 21, 1998, defendant Antonio Morales-Tovar was indicted with one count of attempting to enter the United States after having been deported from the United States, in violation of 8 U.S.C. § 1326(a) and (b)(l)/(2). If convicted, the defendant faces a maximum of 20 years imprisonment and a $250,000 fine. Pursuant to Fed.R.Crim.P. 23(a), and with the approval of ...
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Opinion on Further Security 1. Introduction. Last summer, the M.V. Floreana capsized at a dock in the Port of Houston. Its salvage value is roughly $10,000. She rolled and sank as cargo was being stowed. The Floreana was owned by Inmar Shipping Company. The owner has brought an action to limit its liability. Claimants have asked that the court order...
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OPINION AND ORDER In this employment discrimination action, plaintiff Stephanie Prince (“Prince”) asserts claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq. and the New York State Human Rights Law (“NYSHRL”), N.Y.Exec.Law § 296 against defendants Coca-Cola Bottling Company of New York, Inc., Michael Drake (“Drake”) and Leonard Erlanger (“Erlanger”)...
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OPINION GRANTING SUMMARY JUDGMENT Plaintiff Diamantis Giannacopoulos alleges that misrepresentations by defendant Robert E. Menasche, an officer of defendant Credit Suisse, induced him to provide financial backing for an ill-fated Nigerian oil venture. The defendants have moved for summary judgment, arguing that there is insufficient evidence for the fraud and negligence claims and th...
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MEMORANDUM OPINION Granting the Defendants’ Motion for Summary Judgment I. INTRODUCTION These consolidated cases come before the court on the defendants’ motion for summary judgment. The court grants the defendants’ motion for summary judgment on the Title I claim because Plaintiff Rebecca Fennell, a former employee, does not fall within the class of persons covered by Title...
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MEMORANDUM AND ORDER The superseding indictment in this case contains thirteen counts and makes various charges against the five defendants, four New York City police officers and one police sergeant. Count One charges that four defendants, Police Officers Justin A. Volpe, Thomas Bruder, Charles Schwarz, and Thomas Wiese, conspired to deprive Abner Louima of his federal civil rights ...
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MEMORANDUM DECISION AND ORDER Plaintiffs M. Thomas Kuriakose and K.M. Kuriakose, pro se, of Asian Indian descent, initially brought an action against the City of Mount Vernon in Westchester County Supreme Court. That action was dismissed at the pleadings stage. On April 10, 1996, plaintiffs instituted an action in this Court against the City of Mount Vernon and various individu...
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MEMORANDUM — DECISION AND ORDER I. INTRODUCTION Plaintiff, Sentry Marketing, Inc. (“Sentry” or “plaintiff’), moved to remand this action to state court, which defendant Uni-source Worldwide, Inc. (“Unisource”) opposes.' Plaintiffs motion was submitted for decision without oral argument. *190 II. BACKGROUND Sentry commenced this action...
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ORDER RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT I. Introduction Plaintiffs complaint alleges a single cause of action for denial of benefits pursu *838 ant to the terms of an Employee Retirement Income Security Act (“ERISA”) plan. Defendant brings the present motion for summary judgment, 1 arguing that the decision to deny benefits was neither arbitr...
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MEMORANDUM DECISION AND ORDER Plaintiff Ann-Marie Rouse originally brought this suit against Charles Bolden, the Assistant Commissioner of the Westchester County (“County”) Department of Social Services; Andrew P. O’Rourke, the former County Executive; Mary Glass, the former County Commissioner of Social Services; the County Board of Legislators; and the County; alleging that she was discriminated...
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MEMORANDUM-DECISION AND ORDER Introduction Plaintiff Svenska Finans International BV files this complaint as the successor in interest to Gewics Holding AG (“Gewics”). In October 1989, Defendant Scolaro, Shul-man, Cohen, Lawler & Burstein, P.C. (“Scolaro, Shulman”) filed a proof of claim on behalf of Gewics in a bankruptcy case involving ICS Cybernetics, Inc. (“ICS”). Scol...
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OPINION AND ORDER Plaintiff, the estate of Richard Burke (“Plaintiff’), brought this 42 U.S.C. § 1983 civil action against, inter alia, Defendants Mahanoy City, Mahanoy City Police Department, Chief John Lewis, Officer John Kaczmarczyk (“Kaczmarczyk”) and Officer William McGinn (“McGinn”) [collectively referred to as “Defendants”]. Plaintiff also alleges a state claim of wr...
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MEMORANDUM AND ORDER Plaintiff Joseph F. Lierz brings this diversity action against defendant Coca Cola Enterprises, Inc. alleging wrongful discharge in violation of Kansas public policy, breach of express and implied contracts of employment, and a claim involving a promissory estoppel. The case is before the court on defendant’s motion for summary judgment (Doc. 63). For the reasons ...
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OPINION AND ORDER (Paper 2) Ms. Richards (“Plaintiff’), acting pro se, filed this tort action against the State’s Attorneys Office (“Defendant”) for the intentional infliction of emotional distress. Specifically, she asserts that Defendant’s failure to effectively and adequately prosecute a third person Plaintiff indicates had battered and sexually harassed her, and De...
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MEMORANDUM AND ORDER Plaintiff The Marketing Group; Inc. brings this diversity action alleging that defendant Success Development International, Inc. breached a service agreement. The case is before the court on defendant’s motion to dismiss for lack of personal jurisdiction (Doc. 4). For the reasons set forth in this memorandum and order, defendant’s motion is denied. I. BURDEN OF PROOF ...
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ORDER This matter comes before the court on defendant’s motion to dismiss plaintiffs’ claims, and alternatively to transfer venue. 1 The court conducted a hearing on this motion on January 22, 1999. Mr. Scott Hagen appeared on behalf of defendant Automobile Club of Southern California. Mr. Scott DuBois appeared on behalf of plaintiffs Cindy Briesch and Charter Hospit...
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OPINION AND ORDER In this complaint for declaratory relief, Plaintiff Northern Security Insurance *346 Company (“Northern Security”) seeks a judgment that Defendant Mitec Telecom, Inc. (“Mitec Telecom”) is not entitled to insurance coverage under any policy issued by Northern Security. Pending before the Court are Northern Security’s Motion for Judgment on the Pleadings (...
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OPINION AND ORDER Pending before the court is defendant Liberty Mutual Insurance Company’s (Liberty) Motion to Stay or Dismiss filed on July 23, 1998. (Docket No. 3). On September 4, 1998, plaintiff MMI Productions IncJMMI), filed an Opposition to Defendant’s Motion. (Docket No. 6). Defendant submitted a reply on September 28, 1998. (Docket No. 8). Defendant maintains that, under the Colorad...
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MEMORANDUM Plaintiff Constitution Bank moves for a declaratory judgment on whether a “Set *385 tlement Agreement” entered into by the parties on December 15, 1992 superseded a 1989 loan agreement and defendants’ loan guaranty. The issue is a matter of contract and is controlled by Pennsylvania law. 1 Jurisdiction is diversity. 28 U.S.C. §§ 1332(a), 2201(a). In 1989, plaintiff issued a l...
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42 F.Supp.2d 516 (1999) Markham L. WHEELER, v. COLGATE-PALMOLIVE COMPANY. No. CIV. A. 95-6411. United States District Court, E.D. Pennsylvania. March 3, 1999. *517 Manny D. Pokotilow, Michael H. Berkowitz, Caesar, Rivise, Bernstein, Cohen & Pokotilow, Ltd., Philadelphia, PA, for Plaintiff. Paul J. Kennedy, Jean W. Sexton, Vincent V. Carissimi, Pepper, Hamilton & Scheetz, Philadelphia, PA,...
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36 F. Supp. 2d 1058 (1999) Kerry LOEFFLER, Plaintiff, v. UNIVERSITY OF ILLINOIS AT CHICAGO, et al., Defendants. No. 99 C 1331. United States District Court, N.D. Illinois, Eastern Division. March 3, 1999. C.F. Boyle, Jr., Chicago, IL, for plaintiff. MEMORANDUM SHADUR, Senior District Judge. Kerry Loeffler ("Loeffler") has filed this action against University of Illinois at Chicago ("University")...
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43 F. Supp. 2d 556 (1999) Tyrone JENKINS v. William L. SMITH and the Attorney General of the State of Maryland. Civil No. B-93-3644. United States District Court, D. Maryland. March 3, 1999. *557 Tyrone Jenkins, pro se. J. Joseph Curran, Jr., Attorney General of Maryland and Mary Ann Ince, Assistant Attorney General, Office of the Attorney General, Baltimore, MD, for respondents. OPINION BLACK, ...
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36 F. Supp. 2d 256 (1999) The BOARD OF EDUCATION OF HARFORD COUNTY, Plaintiff, v. Susan THOMAS, Defendant. No. Civ. AMD 97-3793. United States District Court, D. Maryland. March 1, 1999. *257 Patrick P. Spicer, Spicer, Stevenson & Haskins, Bel Air, MD, for plaintiff. Wayne Darryl Steedman, Callegary & Steedman, Baltimore, MD, for defendants. ORDER DENYING MOTION FOR ATTORNEY'S FEES DAVIS...
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ORDER ON PLAINTIFFS’ MOTION FOR A TEMPORARY RESTRAINING ORDER AND MOTION FOR A PRELIMINARY INJUNCTION This cause comes before this Court on Plaintiffs MICAH RADCLIFFE, KRISTINA COLLINS, and PAUL COLLINS [hereinafter Plaintiffs]’ motion for a temporary restraining order and motion for a preliminary injunction, and supporting affidavits and memorandum (Docket Nos. 2-6), filed January 25, 1999; ...
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MEMORANDUM OPINION AND ORDER Byron Weis (“Weis”) and Frank Pollack (“Pollack”), who list themselves as bringing this action “individually and derivatively on behalf of Overseas Development Corporation, a dissolved corporation,”1 have brought this action to advance what they characterize as eight claims against one or more of several defendants: John F. Wark, individually and d/b/a Development A...
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OPINION Defendants McCown DeLeeuw & Co. (“MDC”) and Outsourcing Solutions, Inc. (“OSI”) (collectively, “Defendants”) move to dismiss this diversity action pursuant to Federal Rule of Civil Procedure 12(b)(6). 1 For the reasons stated below, Defendants’ motion is granted in part and denied in part. BACKGROUND 2 For many years plaintiffs David Kreiss (“Kreiss”) ...
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OPINION & ORDER Plaintiff Jennie Powell filed this suit against Defendants Ohio Department of Rehabilitation and Correction (“ODRC”), and its employees Sean Morris, Mark Schutte and Jeff Wamsley on October 30, 1997. Plaintiff alleged a variety of claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), as amended, 42 U.S.C. § 2000e et seq.; the Americans with D...
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OPINION AND ORDER Plaintiff commenced this action to recover funds allegedly due from Defendant pursuant to a contract under which Plaintiff provided Defendant with telecommunications services. Defendant moves the Court to dismiss the complaint on the grounds that the Court (1) lacks subject matter jurisdiction over the action, and (2) lacks personal jurisdiction over Defendant. In th...
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ORDER ON PLAINTIFF’S MOTION TO DISMISS DEFENDANT’S COUNTERCLAIM THIS CAUSE is before the Court on Plaintiffs/Counter-Defendants’ Motion to Dismiss Defendants/Counter-Plaintiffs Counterclaim filed December 7,1998 (Docket No. 89) and response thereto filed January 11,1999 (Docket No. 95). Standard of Review A district court should not dismiss a complaint unless it appears “beyond doubt that the...
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ORDER RE: (1) PLAINTIFFS’ MOTION FOR LEAVE TO AMEND; (2) DEFENDANT TRASK’S MOTION FOR SUMMARY JUDGMENT; (3) STATE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AGAINST PETER WALKER; (4) STATE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AGAINST LUCIA WALKER Before the Court are four motions: (1) plaintiffs Peter Walker and Lucia Walker’s motion for leave to amend the complaint; (2) defendant Grover ...
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ORDER DENYING PLAINTIFF’S MOTION TO REMAND BACKGROUND Plaintiff California Mother Infant Program (“CMI”) is a California corporation that provides “alternative methods of incarceration for inmates who are the mothers of children 6 years of age and younger.” (First Am.Compl. (“Compl.”) at 2.) In 1985, CMI was assigned a contract with defendant California Department of Corrections (the...
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MEMORANDUM OPINION AND ORDER Plaintiffs Robert Samuel (“Samuel”) and Augustine Samuel (collectively “Plaintiffs”) filed a six-count amended complaint against Defendants City of Chicago and City of Chicago Police Officers Michael Callahan, Bernard Kelly and Michael Mullen alleging civil rights violations pursuant to 42 U.S.C. § 1983 (“§ 1983”) and the Fourteenth Amendment to the Constitution and...
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MEMORANDUM AND ORDER Plaintiff brought this diversity action seeking damages resulting from defendants’ alleged breach of a software license agreement, an account settlement agreement, and a service agreement. Because many of plaintiffs claims were subject to arbitration under the terms of the parties’ contractual agreements, the court stayed the case pending arbitration. The arbitrat...
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OPINION AND ORDER Defendant Damian Everett seeks to exclude introduction of statements made to law enforcement agents at the time of his arrest on May 15, 1998. He also seeks to exclude witnesses who were offered promises of leniency by the government, pursuant to United States v. Singleton, 144 F.3d 1343 (10th Cir.1998), vacated, reh’g granted, 144 F.3d at 1361, rev’d, 165 F.3d 1297, 1298 (10th C...
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42 F.Supp.2d 598 (1999) BELLSOUTH CORPORATION, Plaintiff, v. WHITE DIRECTORY PUBLISHERS, INC., and White Directory of Carolina, Inc., Defendants. No. Civ. 1:97CV00897. United States District Court, M.D. North Carolina. January 20, 1999. *599 Daniel R. Taylor, Jr., Kilpatrick Stockton, L.L.P., Winston-Salem, NC, Anthony *600 B. Askew, Jones and Askew, LLP, Atlanta, GA, for BellSouth Corporation, p...
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*1078 ORDER RE: DEFENDANT SEYMOUR v. PRELL’S MOTION TO DISMISS I. Introduction Plaintiff Phil Levine, a citizen of California, owns a life insurance policy issued by defendant Allmerica Financial Life Insurance & Annuity Co. (“Allmerica”). Defendant SMA Life Assurance Co. (“SMA”) was the predecessor company of Allmerica. Defendant Seymour V. Prell (“Prell”) was the i...
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ORDER This cause is before the court for ruling on Defendant Lee Terry’s Supplemental Motion to Suppress (#20), which was joined by Defendant Kellie Jo May. Following a hearing on December 21, 1998, this court denied Defendant Terry’s Motion to Suppress (# 12), which had also been joined by Defendant May. This court ordered additional memoranda by the parties regarding the Supplemental- Motion ...
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OPINION This matter comes before the Court on Plaintiff Corky Balias’ (“Plaintiff’) motion to remand this matter to the Superior Court of New Jersey or alternatively to dismiss pursuant to Fed.R.Civ.P. 12(b)(1). 1 Also before the Court is Defendants Gennaro Tedesco’s and Ballroom Blitz Music’s (collectively “Defendants”) motion seeking (1) a temporary restraining order, (2) a p...
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MEMORANDUM OPINION and ORDER On October 26, 1998, the court conducted a non-jury trial on the issue of whether the employee pension benefit plan known as the Management Security Plan for Cul-lum Companies (“MSP”), of which the named plaintiffs and the class of persons they represent in this action (“Class”) were participants, was “maintained by an employer primarily for the purpose of...
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ORDER OF TRANSFER PURSUANT TO 28 U.S.C. § 1404(a) Plaintiff, the Republic of Bolivia, brings this action to recover from numerous tobacco companies various health care costs it allegedly incurred in treating illnesses its residents suffered as a result of tobacco use. This action was originally filed in the District Court of Brazoria County, Texas, 239th Judicial District, and removed to this...
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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS The matter before the Court is Defendant’s Motion to Dismiss the Complaint. On January 25, 1998, the parties came before the Court, the Honorable Consuelo B. Marshall, United States District Judge, presiding. Upon consideration of the papers submitted and the arguments of counsel, the Court grants Defendant’s Motion and dismisses the Complaint ...
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MEMORANDUM AND ORDER Plaintiffs Kathleen Greenidge and Wal-wyn Greenidge (collectively, the “Green-idges”) move pursuant to 28 U.S.C. § 1447(c) to remand this action to the- Supreme Court, Queens County (“State”), from which it was removed by defendant Mundo Shipping Corporation (“Mundo”). The defendant opposes the motion for re *356 mand and cross-moves for partial summa...
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OPINION This case concerns a dispute over a transparent, plastic protective holder for thin items.1 Plaintiff, Paul J. Roberg (“Roberg”), brought suit against the defendant, 20th Century Plastics, Inc. (“20th Century”) alleging patent infringement. See Complaint ¶ 1. Currently pending are a motion for summary judgment filed by 20th Century (the “20th Century Motion for Summary *211Judgement”) and...
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LETTER OPINION ORIGINAL ON FILE WITH CLERK OF THE COURT This matter comes before the Court on three separate motions, namely: (1) Defendant New York City Health and Hospitals Corporation’s Motion to Amend the Judgment entered on August 18, 1998 by this Court; (2) counsel of record for plaintiff Cityside Archives, Ltd.’s Motion for Attorney’s Fees; and (3) counsel of record fo...
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MEMORANDUM OPINION AND ORDER On this day, the Court considered Jose Cedillo-Gonzalez’s (“Petitioner”) Petition for Writ of Habeas Corpus filed on November 13, 1998, in the above-captioned cause. The Government (“Respondent”) filed its Opposition and Response to Petition for Writ of Habeas Corpus and Motion to Dismiss for Lack of Subject Matter Jurisdiction on January 20, 1999. On Janu...
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MEMORANDUM OPINION AND ORDER Plaintiffs Mead Johnson & Company and Bristol-Myers Squibb Company (collectively “Mead Johnson”) bring the instant action for patent infringement against defendant Barr Laboratories, Inc. (“Barr”), alleging that Barr has infringed U.S. Patent No. 4,258,027 (the “ ’027 patent”) by submitting Abbreviated New Drug Application (“ANDA”) No. 71-196 with the U.S. Foo...
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MEMORANDUM AND ORDER Plaintiffs Albert Eisberg, Joan Spence, Wilma Jaffe, Richard Wolf and Kenneth Pockett, members of the Dutchess County Democratic Committee, bring this action pursuant to 42 U.S.C. § 1983 against the Dutchess County Legislature, its Democratic Members, the Dutchess County Board of Elections, the Dutchess County Legislative Clerk, Patricia Hohmann, the Dutchess County Electio...
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ORDER and OPINION This matter came before the Court on the Complaint (“Plaintiffs Complaint”) filed by the Plaintiff, Loretta Jones Murray, Executrix and Personal Representative of the Estate of Weston Murray (“Mrs. Murray” or “Plaintiff’). The Plaintiffs Complaint alleged that the Defendant, the United States of America, through its agents, provided negligent medical care to the Plaintiffs h...
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MEMORANDUM AND ORDER Faustino Calderon (“Calderon”) petitioned this court for a writ of habeas corpus on January 28, 1998, seeking to overturn a final order of deportation. Concluding that we had subject matter jurisdiction over Calderon’s petition pursuant to 28 U.S.C. § 2241, we nonetheless dismissed both of his claims. Calderon v. Reno, 1998 WL 867413 (N.D.Ill. Dee.3, 1998). We found tha...
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MEMORANDUM AND ORDER Plaintiffs Jack and Phyllis Wilson bring this action arising out of the death of their son Kevin Wilson, who died of a drug overdose shortly after being released from the City of Chanute, Kansas, police custody on March 7, 1996. On behalf of their son, plaintiffs assert claims under the Fourth and Fourteenth Amendments, and under state law. The case is before the ...
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*1021 OPINION AND ORDER This matter is before the Court on Defendant Columbus Public Schools’ and Defendant Columbus Education Association’s Motions For Summary Judgment. For the following reasons, Defendants’ Motions are GRANTED. I. On April 26, 1995, Defendant Columbus Public Schools (the “Board of Education”) informed Plaintiff Ivy Featherstone of its intention t...
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ORDER RE: CROSS-MOTIONS FOR SUMMARY JUDGMENT I. Introduction This matter arises out of the claim by plaintiff Monarch E & S Insurance Services (“Monarch”) and National Casualty Co. (“National”) 1 that Monarch’s commercial general liability (“CGL”) insurer, State Farm Fire and Casualty Co. (“State Farm”) had a duty to defend and indemnify Monarch in an un...
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AMENDED ORDER GRANTING MOTION FOR DISCOVERY In many criminal trials, the government relies on the testimony of people who were involved with the defendant in the commission of the crime charged. Such “accomplice witnesses” are often the best, if not the only, source of information about the alleged crime. To ensure that accomplice witnesses testify truthfully and completely, the governmen...
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OPINION AND ORDER Pending before this Court is Defendants’, NPR, Inc. d/b/a Navieras, et al. (“NPR”), Motion to Dismiss (Docket No. 10), pursuant to Fed.R.Civ.P. 12(b)(6), to dismiss counts 1, 2, 3, and 5 of the Plaintiffs, Ocean Logistics Management, Inc. (“OLMI”), First Amended Complaint (Docket No. 4). NPR seeks dismissal on the ground that the “filed-rate doctrine” and applicable fede...
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41 F. Supp. 2d 129 (1999) Aida I. SANTIAGO, Plaintiff, v. EXECUTIVE AIRLINES, Defendant. No. Civ. 95-2346(RLA). United States District Court, D. Puerto Rico. February 26, 1999. *130 *131 Miriam R. Ramos-Grateroles, Bayamon, PR, for plaintiff. Vicente J. Antonetti, Goldman Antonetti & Cordova, San Juan, PR, for defendant. ORDER GRANTING SUMMARY JUDGMENT AND DISMISSING THE AMENDED COMPLAINT AC...
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MEMORANDUM OPINION On May 7, 1997, Plaintiff David R. Schwiesow, on behalf of himself and all others similarly situated, filed a Complaint in the General Court of Justice, Superior Court Division, Rowan County, North Carolina against Defendants Winston Furniture Company, Inc. and Winston Furniture Company of Alabama, Inc., d/b/a Lyon Shaw (“Winston”) alleging violations of the Magnuson-Mo...
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OPINION AND ORDER In this suit against the Town of West-more (“Town”) alleging negligence in the maintenance and operation of a public swimming area along the northwestern shore of Lake Willoughby, the Town has moved for summary judgment, claiming that it is protected from suit under the doctrine of municipal immunity. Plaintiff James Atkinson has cross-moved for summary judgment on t...
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43 F. Supp. 2d 571 (1999) Kenneth M. LEMONS, Plaintiff, v. US AIR GROUP, INC., et al., Defendants. No. 6:97CV00097. United States District Court, M.D. North Carolina. January 19, 1999. *572 Kenneth M. Lemons, Winston-Salem, NC, pro se. Robert Rand Tucker, Kilpatrick Stockton, L.L.P., Winston-Salem, NC, for defendants. MEMORANDUM OPINION BEATY, District Judge. I. INTRODUCTION This matter is befo...
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MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT S MOTION FOR SUMMARY JUDGMENT TABLE OF CONTENTS I. INTRODUCTION. 1141 A. Procedural Background.1141 B. Factual Background.1142 II. LEGAL ANALYSIS .1144 A. Standards For Summary Judgment.1144 B. Foreclosure Of The Corrorans’ Right To Prosecute.1147 1. Security interest in a lawsuit.1147 2. The state co...
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MEMORANDUM AND ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT Barbara Nicolo brought this action seeking damages for personal injuries allegedly sustained as a result of smoking cigarettes manufactured by the defendants. The defendants, Philip Morris, Inc., (“Philip Morris”), Liggett Group, Inc. and Liggett & Meyers, Inc., (jointly referred to as “Lig-gett”) have m...
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ORDER The Court has before it Government’s Sentencing Memorandum dated February 26,1999 which requests that as a part of Defendant’s sentencing, and pursuant to the Mandatory Victims Restitution Act of 1996 (hereinafter MVRA), Defendant be assessed restitution in the amount of $47,771.84 which includes principal.amount still due and owning, plus interest on monies the victim, Shelby County State B...
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OPINION AND ORDER Marvin Keith (“Keith” or “Plaintiff’) brings this multi-count action against defendants Black Diamond Advisors, Inc. (“Black Diamond”), Pace Holdings, LLC (“Pace”), Steven Deckoff, and James Walker III (collectively, “defendants”), claiming breach of contract, fraud, tortious interference with economic prospects, conspiracy, breach of fiduciary duty, intentional infl...
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OPINION In December 1998, plaintiffs, a music publisher and the owner of the World Wrestling Foundation (“WWF”), brought out a compact disk entitled WWF — The Music, Volume 3 which contains the “entrance themes” of fourteen WWF wrestlers, the copyrights of which all are owned by the plaintiffs. The disk has been quite successful, having shipped a million and sold ove...
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MEMORANDUM AND ORDER This matter is before the Court on defendant’s motion to dismiss plaintiffs amended complaint and its motion for protective order. Plaintiff has styled his response to the motion to dismiss as a motion to strike. For the reasons set. forth below, the Court finds the motion to dismiss to be well taken, and will grant it and deny the motion to strike. The Court will also deny...
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42 F. Supp. 2d 1284 (1999) Kevin SWAIN, Petitioner, v. Harry K. SINGLETARY, Jr., Respondent. No. 96-109-Civ-FtM-17D. United States District Court, M.D. Florida, Ft. Myers Division. February 19, 1999. *1285 *1286 Kevin Daniel Swain, Bowling Green, FL, petitioner pro se. Erica Malca Raffel, Attorney General's Office, Dept. of Legal Affairs, Tampa, FL, for Warren W. Cornell, Superintendent DeSoto Co...
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ORDER ON DEFENDANTS MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION TO STAY PENDING ADMINISTRATIVE AGENCY DETERMINATION AND/OR ADJUDICATION IN PENDING STATE COURT PROCEEDING This cause is before the Court on Defendants’, DAVID NELSON CONSTRUCTION COMPANY (“Nelson”), GREEN MARK LANDSCAPE, INC. (“Green Mark”), MICHAEL KIM HAMM (“Hamm”), RICHARD H. SIEKMAN (“Siekman”), AND KATHY SIEKMAN...
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MEMORANDUM OPINION This matter is before the court on a motion for partial summary judgment brought by Defendants Concord Screen Printers, Inc. (CSP) and Leroy Coffey (Coffey). This action arises out of Plaintiff Janet Ann Ridenhour’s claim that she was sexually harassed by Coffey while she was employed at CSP. Ridenhour asserts *745 claims under Title VII of the Civil Ri...
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OPINION AND ORDER John Cuff is charged in the captioned indictment with, among other crimes, the murders of nine persons. He objects to the government’s Amended Notice of Intent to Seek the Death Penalty, dated August 6, 1998 (the “Amended Notice”), both for reasons that go to the particulars of that notice and for reasons that relate generally to the imposition of the death penalty. He m...
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ORDER REVERSING ADMINISTRATIVE DECISION This review of agency action brings about a unique circumstance. At issue is whether the Mineral Management Service (“MMS”) properly assessed royalties under a federal coal lease on “deferral payments.” Black Butte and Idaho Power had entered into a contract where Black Butte would supply Idaho Power coal for its new power plant. However, Idaho Power wa...
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ORDER ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT Plaintiffs John Owen and Glenda McCormick brought this action to recover $74,107 of federal income tax paid for the 1987 tax year plus statutory additions. Presently before the court are plaintiffs’ and defendant United *1073 States’ cross-motions for partial summary judgment. I.Standard of Review The moving pa...
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41 F. Supp. 2d 779 (1999) Sylvia WEAVER, Administratrix of the Estate of Larry Earl Weaver, Plaintiff, v. TIPTON COUNTY, TENNESSEE, et al., Defendants. No. 96-2659-TUV. United States District Court, W.D. Tennessee, Western Division. February 22, 1999. *780 *781 Melissa A. Maravich, John W. Chandler, Jr., Burch, Porter & Johnson, Memphis, TN, for plaintiff. D. Randall Mantooth, Leitner, Willia...
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ORDER ON BANKRUPTCY APPEAL This is an appeal from a bankruptcy court order finding that the United States Postal Service may not charge a fifty dollar fee for processing the bankruptcy court’s payroll orders. Hudson v. United States Postal Service (In re Hudson), 216 B.R. 244 (Bankr.W.D.Tenn.1997). The payroll orders directed the Postal Service to withhold money from an employe...
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*569 MEMORANDUM & ORDER Abdul Salau Ogembe pled guilty before this court to one count of conspiracy to commit bank fraud in violation of 18 U.S.C. § 371 and is now before the court to be sentenced. Mr. Ogembe now requests a downward departure pursuant to U.S.S.G. § 5K2.0 for several factors that he argues were inadequately considered by the Sentencing Commission in formulatin...
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ORDER DENYING DEFENDANTS JAMES AND GERARD VERRIL-LO’S MOTION TO DISMISS THIS CAUSE comes before the Court on Defendants’ Motion To Dismiss, filed October 21, 1998. Plaintiff submitted a response on November 18, 1998, to which Defendant replied on December 1, 1998. I. Factual Background On October 8, 1996, Defendant Lambert and his father allegedly began discussions with cert...
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ORDER A. Introduction This action is pending before the court on Defendant National Car Rental Systems Inc.’s Motion to Dismiss Count Three of the Plaintiffs First Amended Complaint (Doc. # 44) and Defendant Hertz Corporation’s and Budget Rent-A-Car Systems, Inc.’s Motions to Dismiss Count Three of Plaintiffs First Amended Complaint. (Doc.e52,48). Defendants Enterprise Rent-A-Car Com...
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MEMORANDUM OPINION This is a medical malpractice claim brought against the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. section 2671 et seq., by Master Chief Petty Officer Larry Rowe, USNR; there is also a consortium claim brought jointly by Larry Rowe and his wife, Kim. The alleged malpractice occurred at the National Naval Medical Center in Bethesda, Maryland, where M...
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MEMOBANDUM OPINION AND ORDER This case is before the court on appeal from the United States Bankruptcy Court for the Middle District of Alabama (“the Bankruptcy Court”). The United States of America (“the Government”) appeals the Bankruptcy Court’s final judgment of August 1, 1997, in which the Bankruptcy Court concluded that the Internal Revenue Service (“the IRS”) improperly setoff ...
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40 F. Supp. 2d 1340 (1999) Mary MASON; Linda Scott; and Arwilda Jones, Plaintiffs, v. FIDELITY FEDERAL BANK, FSB; et al., Defendants. No. Civ.A. 99-A-23-N. United States District Court, M.D. Alabama, Northern Division. February 24, 1999. *1341 Wilson Daniel Miles, III, C. Lance Gould, Beasley, Wilson, Allen, Crow & Methvin, PC, Montgomery, AL, Jerry L. Thornton, Hayneville, AL, Will R. Kelly,...
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MEMORANDUM AND ORDER Pending before the Court is Defendant Starr County Hospital District’s Motion for Summary Judgment. (Docket No. 19). Plaintiff 1 alleges that Defendant violated the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C. § 1395dd. Defendant responds that summary judgment is proper because (1) Plaintiff never presented himself to Starr County Memorial Ho...
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40 F. Supp. 2d 615 (1999) Isabel GONZALEZ, Individually and acting as Administrator of the Estate of Ippolito "Lee" Gonzalez and Louis Gonzalez and Elizabeth Gonzalez and Louis Gonzalez, Jr. and Marianne Mihalick and Christine Mihalick Derenzo v. Fred T. ANGELILLI and Patricia Azzura and Nicholas Muller and John J. Rice and James W. Riggs and Harold M. Shalon and Mary Ann Stewart and Martin F. Ho...
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MEMORANDUM Defendant Kai-Lo Hsu argues that the recently-enacted Economic Espionage Act, 18 U.S.C. § 1831 et seq. (“EEA”), is unconstitutionally vague. Hsu’s motion to dismiss the EEA charges in Counts Ten and Eleven of the Indictment raises serious concerns about the scope and clarity of the EEA that we at some length address here. 1 Defendant’s Vagueness Argument 2 Hsu is charge...
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MEMORANDUM & ORDER The law does not permit the use of marijuana to treat a variety of ailments *720 ranging from glaucoma to AIDS from which the plaintiffs claim they suffer and for which marijuana relieves symptoms. Yet, according to the complaint and the representations of the government’s attorney at a hearing, see Tr. of Hr’g on Mot. to Dismiss at 7-8, the ...
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JUDGMENT AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT Before the court are cross-motions of plaintiff BYRON INGRAM and defendant MARTIN MARIETTA LONG TERM DISABILITY INCOME PLAN for summary judgment. Having reviewed the papers filed in connection with these matters, having heard oral argument, and being fully apprised of the ...
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MEMORANDUM OPINION AND ORDER Before the court is defendants Laidlaw, Inc. and American Medical Response, Inc.’s motion to dismiss plaintiff Jim Leo’s complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the court grants defendants’ motion to dismiss. I. BACKGROUND The complaint alleges the following facts which, for the purpose o...
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OPINION In this proposed class action, plaintiff Del Dietrich (“Dietrich”) has moved for appointment of additional class representatives. Defendant Barry Witz (“Witz”) has moved for reconsideration of an order extending Dietrich’s time to serve him with the amended complaint and for dismissal of the amended complaint pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Pr...
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*455 OPINION Plaintiff Yurman Design Inc. (“Yur-man”) has moved for a preliminary injunction, pursuant to Rule 65 of the Federal Rules of Civil Procedure, to prohibit defendant A.R. Morris Jewelers, L.L.C., (“Morris”) from: (i) continuing their attempts to “destroy” Yurman’s Authorized Retailer Program, brand name and business reputation; (ii) soliciting, promoting and sellin...
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*300 OPINION AND ORDER This case concerns allegations that a principal at Lincoln Academy, a local middle school, has systematically forced out the school’s black male teachers. Plaintiff, one of those teachers, brings this action against the principal and the City of New York Board of Education (the “Board”), alleging the principal discriminated against him on the basis of h...
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OPINION This cause is before the Court on Defendants’ Joint Motion to Suppress Statements. I. Background Juan Chaparro-Alcantara and Jaime Romero-Bautista are Mexican citizens who have been granted lawful permanent resident status in the United States. They have been indicted for transporting illegal aliens on October 21, 1998, in violation of 8 U.S.C. § 1324(a)(l)(A)(ii). Law enforceme...
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MEMORANDUM OPINION AND ORDER Andrew Maxwell (“Maxwell”) has filed a 28 U.S.C. § 2254 (“Section 2254”) petition for a writ of habeas corpus (“Petition”). Maxwell challenges both his murder conviction and the consequent death sentence and seeks an evidentiary hearing to consider that challenge. For the reasons stated hereafter, this Court denies the Petition in principal part but grants certain...
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MEMORANDUM AND ORDER DENYING RESPONDENT’S MOTION TO DISMISS AND SETTING DEADLINE FOR RESPONSIVE PLEAD ING 1 I. Introduction Petitioner Lorenzo Matthews, a state prisoner currently confined at the Ionia Maximum Facility in Ionia, Michigan, 2 has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 alleging that he is incarcerated in violation of his constitutional ...
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MEMORANDUM OPINION I. INTRODUCTION This cause is before the court on the following motions: (1) Motion for Leave to *1317 Amend Complaint, filed by the Plaintiff on September 10, 1998; (2) Motion to Remand, filed by the Plaintiff on September 10, 1998; (8) Motion to Quash Service on Defendant United Healthcare f/k/a Complete Health and dismiss reference to th...
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MEMORANDUM OPINION Presently before the Court is Plaintiffs’ motion to compel production of documents. Upon consideration of the entire record, and for the reasons stated below, the Court will deny the motion.1 Background Plaintiffs have subpoenaed documents which represent drafts of EPA’s revisions to its 1994 Review Draft of the Dioxin Reassessment.2 The Dioxin Reassessment represents EPA’s...
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OPINION Presently before the Court are cross-motions for summary judgment and Plaintiffs’ motion to unseal. The Court has considered the pleadings carefully and, for the reasons stated below, the Court will grant Defendant’s motion for summary judgment on Counts Three, Four, and Seven, and deny the other pending motions, including Plaintiffs’ motion to unseal. I. Background ...
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44 F.Supp.2d 1276 (1999) Phillip SAMARCO, Plaintiff, v. Robert NEUMANN, in his official capacity as Sheriff of Palm Beach County, and Randy Christensen, individually and in his official capacity as deputy of the Palm Beach County Sheriff's Office, Defendants. No. 96-8522-CIV. United States District Court, S.D. Florida. March 4, 1999. *1277 *1278 *1279 *1280 Arthur Thomas Schofield, West Palm Beac...
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ORDER AND MEMORANDUM OF DECISION This multi-count action concerns medical treatment provided to Plaintiff Melissa Irene Ferris (“Plaintiff’) during a period of pre-trial detention in the Kennebec County Jail on June 13-14, 1996. Defendants are the County of Kennebec, Allied Resources for Correctional Health (“ARCH”), Sergeant Bellavance (“Bella-vance”), Officer Gustafson (“Gustafson”), an...
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*1038 ORDER DISMISSING FIRST AMENDED PETITION WITHOUT PREJUDICE I. INTRODUCTION On January 7, 1999, Petitioner Michael Kent Poland (“Petitioner” or “Poland”) filed a First Amended Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254, amending a habeas petition filed on- October 20, 1998. Poland seeks, among other things, an evidentiary hearing on a claim that he is currently incomp...
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DECISION AND ORDER Plaintiff Richard Hoffman filed this action under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (1998) 1 (“IDEA” or “Act”). Hoffman, exercising his right under § 1415(i)(2) to appeal an adverse decision by a state administrative reviewing officer, claims that defendants East Troy Community School District (“District”) and Walworth County Hand...
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ORDER AND MEMORANDUM OF DECISION This Section 1983 action arises out of the prosecution of Plaintiffs Todd Trafton (“Trafton”) and Keith Trask (“Trask”) for “night hunting” in violation of Me.Rev. StatAnn. tit. 12, § 7406(b). 1 Defendants Patrick Devlin, Douglas Tibbetts, Michael Morrison, Durward Humphrey, and Kevin Adam (“Defendants”) are wardens with the Maine Warden Service...
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT Defendant and counter-claimant National Semiconductor and defendant United Technologies Corporation’s (“defendants”) motion for partial summary judgment was heard on January 29, 1999. The court has read the moving and responding papers and heard the argument of counsel. For the reasons set forth bel...
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MEMORANDUM DECISION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS OR TRANSFER Defendant in this passing off/unfair competition action, brought under the Lanham Act, 15 U.S.C. § 1125(a), and state common law, has moved to dismiss on the ground of res judicata. The plaintiff and defendant corporations (a New York and an Ohio corporation, respectively) were once affiliated. In the 1980s, they becam...
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MEMORANDUM DECISION In these four related cases, plaintiffs the City of New York and the New York City Department of Finance (together, the “City”) challenge the disallowance of their claims for taxes allegedly owed by the Federal Deposit Insurance Company (the “FDIC”), as receiver for four failed banks—Freedom National Bank (“Freedom”), Goldome Federal Savings Bank (“Goldome”), Ameri...
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MEMORANDUM OPINION In March 1997, the shareholders of Johnson & Higgins (“J & H”), a large and well known insurance firm, sold all of their common stock to Marsh & McLennan (“Marsh”). At the same time, the plaintiffs, twenty retired J & H directors whose contracts gave them a right to share in certain of J & H’s income for the ten year periods following th...
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MEMORANDUM Before the court is the plaintiffs motion for a Preliminary Injunction pursuant to Rule 65 of the F.R.C.P. Plaintiffs Hillard and McGrath are doing business together under the name Devices For Life, Inc. (“DFL”). Plaintiffs ask the court to enjoin defendants from breaking their contractual obligation under a Sales Representative Agreement (hereafter “Agreement” or “Contract”) which p...
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MEMORANDUM OPINION Plaintiff brings this action against her former employer, Kreindler & Kreindler, First Unum Life Insurance Co. (“First Unum”), and Provident Insurance Co. (“Provident”), alleging breach of contract, breach of fiduciary duty, and negligent selection of an administrator for Kreindler & Kreindler’s group long term disability employee benefit plan (“EBP”). Plaint...
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OPINION The plaintiffs, a class of employees of the defendant, the City of New York (“City”), brought this action to recover unpaid overtime compensation under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201 et seq. Both parties moved for summary judgment and Magistrate Judge Ronald L. Ellis recommended that the plaintiffs’ motion be granted in part and denied in pa...
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RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT In a four count complaint, plaintiff Kim Rennie seeks to hold defendant Glass, Molders, Pottery, Plastics and Allied Workers International Union (“International”) hable for sexual harassment in violation the Connecticut Fair Employment Practices Act (“CFEPA”), retaliation in violation of CFEPA and the duty of fair representation pursua...
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RULING ON PLAINTIFF’S MOTION FOR CLARIFICATION AND RECONSIDERATION Plaintiff instituted this civil rights action in three counts, claiming that defendants violated his First Amendment rights, his Fourth Amendment rights, and intentionally inflicted emotional distress upon him, a claim actionable under state law. All of these claims were submitted to a jury on March 20, 1998 and that jury foun...
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MEMORANDUM OPINION AND ORDER In this action arising out of an alleged independent contractor relationship, defendant Stephen H. Topel moves to dismiss, pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted, claim one for breach of contract filed by plaintiff American Express Financial Advisors, Inc. (AMEX). Also pending are the following motions f...
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MEMORANDUM OPINION AND ORDER Pending are Defendant’s motions for (1) judgment as a matter of law and, (2) in the alternative, for a new trial, and (3) Plaintiff’s motion to amend the judgment order to incorporate appropriate prejudgment interest. As discussed more fully below, Defendant’s motions are DENIED and Plaintiffs motion is DENIED. I. FACTUAL AND PROCEDURAL BACKGROUND ...
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41 F. Supp. 2d 70 (1999) FABIANO SHOE COMPANY, INC., Plaintiff, v. BLACK DIAMOND EQUIPMENT, LTD., Peter Metcalf, Calzaturificio S.C.A.R.P.A. s.p.a., Francesco Parisotto, Luigi Parisotto, Antonio Parisotto, Sandro Parisotto, Davide Parisotto, John Does 1 through 5, Defendants. No. Civ.A. 98-12426-EFH. United States District Court, D. Massachusetts. March 9, 1999. *71 Mark C. O'Connor, Rich, May, B...
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42 F. Supp. 2d 176 (1999) BRM INDUSTRIES, INC., Plaintiff, v. MAZAK CORPORATION and The CIT Group/Equipment Financing, Inc., Defendants. No. 3:98cv1800 (WWE). United States District Court, D. Connecticut. February 8, 1999. *177 *178 Madelyn M. Huffmire, Mansfield Center, CT, for BRM Industries, Inc. Joseph G. Fortner, Jr., David Robert Levesque, Halloran & Sage, Hartford, CT, Brian S. Sulliva...
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MEMORANDUM OF DECISION AND ORDER Presently before the Court are four motions pending in this action brought by Plaintiff, Denise Feighery, against Defendants, York Hospital, Samuel M. DiCapua, D.O., and Karen O’Neill, M.D., under Maine’s Wrongful Death Act, 18-A M.R.S.A. § 2-804. These motions are: 1) Plaintiffs Amended Motion to Amend the Complaint (Docket No. 20); 2) Plaintiffs Motion t...
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42 F. Supp. 2d 34 (1999) Joseph L. CONNERS, Plaintiff, v. MAINE MEDICAL CENTER and UNUM Life Insurance Company of America, Defendants. No. Civ. 98-273-P-C. United States District Court, D. Maine. March 3, 1999. *35 *36 *37 Jon Holder, Holder & Grover, Portland, Maine, for plaintiff. William J. Kayatta Jr., Peter H. Jacobs, Pierce Atwood, Portland, Maine, for MMC. Patricia A. Peard, Bernstein,...
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MEMORANDUM OPINION AND ORDER At issue before the court is Defendants Michael Callahan (“Callahan”) and Michael Mullens’ (“Mullen”) Motion to Dismiss Plaintiffs’ Amended Complaint as to certain claims. For the reasons stated below, Defendants Callahan and Mullens’ Motion is granted in part and denied in part. FACTUAL BACKGROUND 1 On or about June 7, 1997, at ap...
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MEMORANDUM OPINION AND ORDER Plaintiffs filed this putative class action against Defendants for violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Plaintiffs allege that Equifax Risk Management Services (“Equifax”) mailed Plaintiffs deceptive collection letters that overshadowed their rights under the FDCPA. Currently before the Court is Pl...
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MEMORANDUM OF DECISION AND ORDER On June 15, 1998, Plaintiff Paul E. Lucas, pro se, filed a Complaint (Docket No. 1) against Defendants William F. D’Angelo, M.D., Theodor Rintel, M.D., Maine Medical Center, and Southern Maine Neu-rosurgical Association, P.A. for medical malpractice that allegedly occurred at *46 Maine Medical Center on June 14, 1995, when Dr. D’Angelo and Dr. Rintel perform...
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42 F. Supp. 2d 20 (1999) UNITED STATES of America v. Carlos ESQUILIN, Defendant. No. Crim. 98-51-P-C. United States District Court, D. Maine. February 9, 1999. *21 *22 *23 Jonathan R. Chapman, AUSA, Office of the U.S. Attorney, Portland, Maine, for the government. Edmund R. Folsom, Portland, Maine, for defendant. MEMORANDUM AND ORDER DENYING MOTIONS TO SUPPRESS EVIDENCE GENE CARTER, District Jud...
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*67 MEMORANDUM OF DECISION AND ORDER This declaratory judgment action was brought by a counterclaim defendant’s liability insurer seeking a declaration that it had no duty to defend against the trademark infringement counterclaim brought by one of the counterclaim defendant’s competitors. The central issue is whether the facts alleged in the underlying trademark infringement coun...
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ORDER AND REASONS This action stems from efforts by the Times Picayune Publishing Company (“Times-Picayune”) to obtain the U.S. Marshals Service booking photograph (“mug shot”) of Edward J. DeBartolo, Jr. Mr. DeBartolo is a well known businessman in connection with his ownership of the San Francisco Forty-Niners as well as other business dealings, some of them here in Louisiana. Most ...
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MEMORANDUM OPINION AND ORDER Plaintiff Insignia/Frain Camins & Swart-child (“Insignia”) sues Defendant Querrey & Harrow, Ltd. for a commission allegedly due under an Exclusive Listing Agreement. Querrey & Harrow refused to pay Insignia the commission after Querrey & Harrow negotiated a lease buy-out with its landlord. Currently before the Court is Defendant’s motion for summary judgment. Fed. R...
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56 F. Supp. 2d 989 (1999) UNITED STATES of America, Plaintiff, v. Christopher Richard ("Dick") MESSINO and Clement Messino, Defendants. No. 93 CR 294. United States District Court, N.D. Illinois, Eastern Division. February 24, 1999. *990 Matthew M. Schneider, United States Attorney's Office, Chicago, IL, for plaintiff. Douglas P. Roller, Roller & Associates, Chicago, IL, for Clement Messino, ...
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ORDER This case is before the Court on Defendant West Georgia Health System, Inc.’s Motion to Dismiss [# 8-1] and thfe remaining Defendants’ Motion to Dismiss [# 14-1] Plaintiffs Complaint. On September 1, 1998, Plaintiff filed a Voluntary Dismissal as to Defendant West Georgia Health System, Inc. Accordingly, Defendant West Georgia Health System, Inc.’s Motion to Dismiss [# 8-1] is DENIED AS...
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ORDER Petitioner Jesse Joe Patrick has filed a motion for leave to proceed ex parte, in camera, and on a sealed record with regard to his application for investigative and expert assistance. The motion has been referred to United States Magistrate Judge Jeff Kaplan for determination pursuant to 28 U.S.C. § 636(b). I. Petitioner was convicted of capital murder and sentenced to death. His...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on cross motions for summary judgment. For the following reasons, the plaintiffs’ motions are denied and the defendants’ motions are granted. BACKGROUND Plaintiff Brita Wasser-Filter-Systeme (“Brita”) owns the rights to United States Patent Number 4,969,996 (“the ’996 patent”). Brita brought a patent infringement s...
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43 F. Supp. 2d 604 (1999) CAUSEWAY MEDICAL SUITE et al. v. Murphy J. FOSTER, Jr. Civil Action No. 97-2211. United States District Court, E.D. Louisiana. March 17, 1999. *605 Priscilla J. Smith, Michael Erdos, Kathryn Kolbert, Center for Reproductive Law & Policy, New York City, William E. Rittenberg, Rittenberg & Samuel, LLC, New Orleans, LA, for Causeway Medical Suite, Bossier City Medic...
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MEMORANDUM AND ORDER This matter is before the court on defendant the State Corporation Commission of the State of Kansas and the Commissioners of the State Corporation Commission of the State of Kansas’ (collectively “KCC”) Motion to Dismiss the plaintiff AT & T Communications of the Southwest, Ine.’s (“AT & T”) complaint (Doc. 16) and the KCC’s Motion to Dismiss the cross claim of d...
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MEMORANDUM ON SENTENCING This case arises from a prison sentence imposed in 1993. At that time, the defendant was an angry, young, poorly educated, pregnant single mother of two children who had recently converted to the Islamic faith. A jury found that she substantially assisted her male cousin, the leader of a conspiracy, in a successful effort to distribute large quantities of crack co...
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42 F. Supp. 2d 1038 (1999) HEWLETT-PACKARD COMPANY, a California corporation, and Hewlett-Packard Company Employee Benefits Organization, an incorporated voluntary employees' beneficiary association, Plaintiffs, v. Judith K. DIRINGER, Defendant. No. Civ.A. 95 N 1435. United States District Court, D. Colorado. March 2, 1999. *1039 Gregory, J. Kerwin, Patricia Simmons Foley, Gibson, Dunn & Crut...
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MEMORANDUM OPINION AND ORDER ON MOTION AND CROSS-MOTION CONCERNING CLASS NOTICE Plaintiffs, a certified class of shareholders in Defendant Celestial Seasonings, Inc.’s stock sue the corporation, along with underwriters and individual members of the corporation for violations of securities laws. Plaintiffs seek damages under §§11 and 15 of the Securities Act of 1933, §§ 10(b) and 20 of the Securit...
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MEMORANDUM AND ORDER This matter is before the court on defendant’s Motion for Summary Judgment (Doc. 50) filed pursuant to Fed.R.Civ.P. 56. Both parties have filed briefs on this matter and the court is ready to rule. I. FACTUAL BACKGROUND The plaintiff filed suit against the defendant under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. cla...
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MEMORANDUM AND ORDER This matter is before the court on a petition for writ of habeas corpus under 28 U.S.C. § 2254. Petitioner, a prisoner in *1306 the custody of the State of Kansas, proceeds pro se and in forma pauperis in this matter. Petitioner is serving two concurrent life sentences for convictions arising from the death of Lawrence Capps. Petitioner was first convicted by a jury i...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on a challenge by Plaintiffs MCI Telecommunications Corporation and MCImetro Access Transmission Services, Inc. (collectively “MCI”) of several aspects of an agreement between Plaintiffs and Defendant Bell-South Telecommunications, Inc. (hereinaf *419 ter “BellSouth”). Said agreement was arbitrated by Defendant ...
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MEMORANDUM OPINION AND ORDER This is a civil-rights action. Plaintiff Mark Robinson aheges that the City and County of Denver (“Denver”) and a number of Denver police officers (hereinafter, collectively, “Denver defendants”), together with the Board of County Commissioners Jefferson County Sheriff, and unknown Jefferson County deputy sheriffs (hereinafter, collectively, “Jefferson County ...
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OPINION Plaintiffs, John Griffin (“Griffin”) and Hodgeon & Anderson Iron Works, Inc. (“H & A”), have sued Defendants E. Dale Fenton (“Fenton”), Ronald L. Onken (“Onken”), and Rick Odie (“Odie”) over a failed business venture known as ASI Manufacturing, Corporation (“ASIM”), in which Griffin, Fenton, Onken, and Odie were each 25% shareholders. Plaintiffs have also sued Defendant NBD Ba...
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*662 MEMORANDUM OPINION AND JUDGEMENT ORDER AGAINST DAVID A. JOHNSTON The Securities and Exchange Commission (“SEC”) filed this action against eleven individuals alleging that they violated the registration and anti-fraud provisions of the federal securities laws by engaging in a scheme to defraud over 500 public investors out of approximately $16 million by offering and sell...
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ORDER At issue before the Court is the Defendants’ Motion to Stay and Application for Order Directing Parties to Arbitration and Supporting Brief (Docket #2). This action arises out of a claim by plaintiffs, United States of America for the Use and Benefit of Dan E. Tanner, P.E., P.L.S. d/b/a Tanner Consulting, and Dan E. Tanner, P.E., P.L.S. d/b/a Tanner Consulting (collectively refe...
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OPINION OF THE COURT The issues presented on appeal are whether Carlyna Allard ["Allard" or "appellant"] had a viable claim pursuant to the Virgin *198 Islands Wrongful Discharge Act, 24 V.I.C. § 76 ["WDA"] and whether her complaint stated a claim for sexual harassment pursuant to the Virgin Islands Civil Rights Act. We affirm the trial court's dismissal of appellant's compla...
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ORDER GRANTING PLAINTIFFS’ MOTION TO REMAND THIS CAUSE comes before the Court upon Defendant’s Motion to Dismiss and Plaintiffs Motion for Remand. This Court heard arguments from both parties on these motions at a hearing on March 9, 1999. Plaintiffs originally filed in state court, but Defendants removed to this Court on the contention that jurisdiction exists because the complaint involves ...
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MEMORANDUM OPINION AND ORDER Plaintiff Abbott Laboratories (“Abbott”) filed these two actions 1 for patent infringement against defendant Mylan Pharmaceuticals, Inc. (“Mylan”) under 35 U.S.C. § 271(e)(2). Mylan moves for summary judgment, arguing that claim 4 of the patent is invalid. 2 For the reasons set forth below, the motion is granted. Background ...
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This matter comes before this Court on appeal from a judgment entered August 20, 1997, by Judge Adlai S. Hardin, Jr., of the United States Bankruptcy Court for the Southern District of New York. Judge Hardin determined that a debt owed by Leonard Stern to Dynamic Food Services Equipment, *26 Inc. in the amount of $29,170.58 was not discharged pursuant to 11 U.S.C. § 528(a)(4) because of Stern’s...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION Plaintiff, Eugene Baker (“Baker” or “plaintiff’) commenced this action on August 11, 1997, against the defendants as a result of injuries sustained while he was an inmate at the Warren County Jail in Lake George, New York. Baker asserts causes of action under 42 U.S.C. §§ 1983 and 1988, the First, Fourth, Fifth, and Fourteenth Amendments, and ...
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MEMORANDUM OPINION AND ORDER Petitioner Walter Jordan filed a 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus challenging his conviction for aggravated battery with a firearm. For the following reasons, the petition is denied. Background Following a bench trial in the Circuit Court of Cook County, Illinois, Mr. Jordan was convicted of aggravated battery with a firearm and sentenced ...
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MEMORANDUM OPINION AND ORDER Plaintiff Moen Incorporated [“Moen”] brought this action against Foremost International Trading, Inc. [“Foremost”] alleging patent infringement, unfair competition, false advertising, trade dress infringement, trademark infringement, consumer fraud and deceptive trade practices, and trademark dilution involving Moen’s “Monticello” brand 2 handle, 4 inch ce...
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OPINION AND ORDER Plaintiff Joseph Waldman has asserted claims pursuant to 42 U.S.C. § 1983 against the Village of Kiryas Joel, its officials in their individual and official capacities, Vaad Hakiryah of Kiryas Joel, an association of the members of the Congregation Yetev Lev, and a former trustee and leader of the Vaad Hakiryah, Meyer Hirsch. He also asserts claims against the Town of Mo...
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*367 MEMORANDUM AND ORDER Following a jury trial in New York Supreme Court, Kings County, petitioner pro se Daniel Morales was convicted of Manslaughter in the First Degree. Morales now petitions this Court, pursuant to 28 U.S.C. § 2254, for a writ of habeas corpus. In support of his petition, Morales argues that he was denied due process when: (1) in response to a...
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MEMORANDUM AND ORDER Pending before the Court are cross-motions for summary judgment in Plaintiffs constitutional challenge to Defendant’s zoning ordinance. PROCEDURAL BACKGROUND Plaintiff 801 Conklin Street, Ltd., a New York Corporation doing business as the “Crystal Cafe” (hereinafter “Plaintiff’ or “Crystal”), commenced this action against the Town of Babylon (hereinafter...
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MEMORANDUM OF DECISION AND ORDER I. INTRODUCTION This matter is before the Court 1 on the Defendants’ “Motion for Partial Dismissal,” filed on February 4, 1999. The Plaintiffs responded on February 17, 1999, the Defendant replied on March 4, 1999, and the motion is ripe for review. 2 For the reasons hereinafter provided, the Defendants’ motion will be DENIED...
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MEMORANDUM OPINION AND ORDER This case comes before the Court on the motion by Plaintiff Securities and Exchange Commission (“SEC”) to bar Defendant’s expert, Ben W. Perks, from testifying at trial and to strike Mr. Perks’ Rule 26 report. 1 The parties have extensively briefed this motion, and at a status conference on November 19, 1998, this Court asked the parties a number of questions ab...
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42 F. Supp. 2d 785 (1999) WILLIAMS ELECTRONICS GAMES, INC., Plaintiff, v. Gregory S. BARRY, Lorna Barry, Donald G. Barry, Kathleen M. Barry, James M. Garrity, Arrow Electronics, Inc., a Delaware corporation, Lawrence J. Gnat, Richard S. Slupik, Milgray Electronics, Inc., a New York corporation, Microcomp, Inc., an Illinois corporation, Linda J. Gnat, Etak, Ltd., an Arizona corporation, and Americ...
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70 F.Supp.2d 1057 (1999) PEPSICO, INC., a corporation, Plaintiff, v. Martin REYES d/b/a Concha's Produce, an individual, Defendant. No. SACV98-1137-GLT (EEx). United States District Court, C.D. California, Southern Division. February 3, 1999. Joan Kupersmith Larkin, Kenneth L. Wilton, Small Larkin, LLP, Los Angeles, CA, for plaintiff PepsiCo, Inc. David C. Hilliard, Mark V.B. Partridge, Jonathan ...
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FINAL ORDER The petitioner, Guy William Bilodeau, brought this petition seeking a writ of *654 habeas corpus under 28 U.S.C. § 2254 (1998). The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), Rule 72(b) of the Federal Rules of Civil Procedure and Rule 72 of the Rules of the United States District Court for the Eastern District of Virgini...
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FINAL ORDER This matter is before the Court on the parties’ cross-motions for summary judgment. For the reasons stated in the accompanying Memorandum Opinion, the Court GRANTS defendant’s motion for summary judgment and DENIES plaintiffs motion for summary judgment. The Clerk is DIRECTED to enter judgment in defendant’s favor on all counts of plaintiffs complaint. This case is DISMISSED WITH PRE...
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OPINION & ORDER Virginia Beach Mechanical Services, Inc., (“VBMS”), the use plaintiff, brings this action seeking damages against the defendants, SAMCO Construction Company (“SAMCO”), and its surety, the National Grange Mutual Insurance Company, for breach of two subcontracts pursuant to the Miller Act, 40 U.S.C. § 270a et seq. The defendants have denied liability and the d...
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MEMORANDUM DECISION AND ORDER This matter is before the court on defendant’s Motion to Suppress statements made to special agents of the Immigration and Naturalization Service (INS). The United States is represented by Michelle M. Christiansen, Assistant United States Attorney, and defendant Tapia-Mendoza is represented by Dixon D. Hindley. Counsel submitted memoranda and supplemental memoranda...
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ORDER I referred this habeas corpus petition to Magistrate Judge Peck on February 17, 1998. On August 4, 1998, Magistrate Judge Peck issued a Report and Recommendation which recommended that petitioner’s request for habeas relief be denied on the grounds that while the trial court violated petitioner’s Sixth Amendment Confrontation Clause Rights, the error was harmless and that the tr...
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MEMORANDUM-DECISION & ORDER Plaintiff Lisa Fitzgerald (“Fitzgerald” or “Plaintiff’) brought the instant action on June 25, 1998, pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., against William Henderson, Postmaster General of the United States Post Office (“Defendant”) alleging, inter aha, sexual discrimination and harassment, and unlawful ret...
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MEMORANDUM OPINION For years, the National Credit Union Administration (NCUA) interpreted Section 109 of the Federal Credit Union Act (FCUA), 12 U.S.C. § 1759, to permit various employment groups, each one united by its own peculiar occupational bond but otherwise unrelated to another group, to coalesce and form a “multiple common-bond” credit union. See Interpretative Ruling a...
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MEMORANDUM AND ORDER This case presents an interesting issue: whether an award of attorney’s fees is warranted under the Equal Access to Justice Act (“EAJA” or the “Act”) where the Administrative Law Judge (“ALJ”) at a hearing and, subsequently, plaintiffs counsel in an appeal within the agency are both responsible for failing to adequately develop a record of the plaintiffs medical history. ...
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MEMORANDUM AND ORDER Plaintiff John Harnisher (“Harnisher” or “plaintiff’) brings this action pursuant to *12342 U.S.C. § 405(g). Harnisher seeks review of the Commissioner of Social Security’s final determination that he is not disabled, a decision which denied Harnisher disability insurance benefits under the Social Security Act (“the Act”). Plaintiff alleges that Administrative Law Judge Sol...
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MEMORANDUM — DECISION & ORDER The instant litigation arises out of Plaintiff Edward Hoffman’s (“Hoffman”) removal to and detention in a hospital pursuant to Article 9 of the New York State Mental Hygiene Law. Hoffman asserts federal *200 claims pursuant to 42 U.S.C. § 1983 and state law claims for false imprisonment, negligence, malpractice, and intentional infliction of emot...
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MEMORANDUM OPINION The New York branch of the Screen Actor’s Guild, Inc. held an election in November 1998 for eight three-year positions on the branch board of directors. Candidates ran at large for all eight seats, with the holders of the eight highest vote totals to be the winners. The election resulted in a tie for the eighth seat between plaintiff Kelly Craig and Jonathan Derwin, an ...
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MEMORANDUM OPINION Respondent James M. Letsos, III, was a retail stock brokerage customer of an account executive named Guy Clemente, who was employed by petitioner Commonwealth Associates (“Commonwealth”). In November 1996, he commenced an NASD arbitration against Clemente and Commonwealth, claiming that he sustained over $100,000 in damages as a result of Clemente’s unauthorized purchas...
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OPINION AND ORDER Plaintiffs Arthur Richards and Charlotte Richards bring this action for declaratory relief pursuant to 28 U.S.C. § 2201 (1984). Plaintiffs allege that defendant, Select Insurance Company, Inc. (“Select”) breached an insurance contract by refusing to defend and indemnify its insured, Barco Auto Leasing, Inc. (“Barco”) for plaintiffs’ personal injury claims resulting from ...
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48 F. Supp. 2d 527 (1999) DOMINION RESOURCES, INC., Plaintiff, v. UNITED STATES of America, Defendant. Civ. A. No. 3:97CV326. United States District Court, E.D. Virginia, Richmond Division. March 5, 1999. *528 *529 Virginia W. Powell, Hunton & Williams, Richmond, VA, Robert Joseph Muething, Hunton & Williams, Atlanta, GA, Winfield L. Ryan, Richmond, VA, for plaintiff. James J. Wilkinson, ...
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MEMORANDUM DECISION AND ORDER This matter came before the court on December 18, 1998, pursuant to defendants’ Motions to Dismiss. Plaintiff Pur-Co Fleet Services, Inc. (PurCo) was represented by Stephen K. Christiansen and Lisa R. Petersen. The individual defendants and corporate defendant Fleet Financial Corporation (Fleet) were represented by Russell C. Fericks. The parties submitted me...
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MEMORANDUM OPINION This administrative subpoena enforcement action presents the question whether the Equal Employment Opportunity Commission (EEOC) may obtain enforcement of a document subpoena where, as here, the charge and investigation giving rise to the subpoena have now ripened into the issuance of a right to sue letter and the filing of a suit that includes all of the allegations of...
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MEMORANDUM OPINION AND ORDER Maria de los Angeles Torres (“Torres”) filed this Freedom of Information Act (“FOIA”) 1 action over a year ago, seeking “to compel the Central Intelligence Agency (‘CIA’) to produce any and all records relating to the genesis, exodus and outcome of the program for evacuating unaccompanied children from Cuba, also referred to as the ‘visa waiver’ program, ‘Operat...
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MEMORANDUM OPINION AND ORDER Lake County Sheriff Gary Del Re (“Del Re”) 1 has filed two motions targeting the FAC (see n. 1) brought against him by Paul Krawczyk (“Krawczyk”): 1. a motion to strike both (a) FAC Count IV as assertedly duplicative of Count I and (b) the Count I prayer for punitive damages; and 2. a motion to dismiss FAC Counts II, III, V and VI. Krawczyk has responded w...
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ORDER RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT The Court has considered defendant’s Motion for Summary Judgment. After reviewing the materials submitted by the parties, the arguments of counsel, and the ease file, the Court hereby grants defendant’s Motion for Summary Judgment. I. BACKGROUND Plaintiff Charles Cozza (“Cozza”) filed the present lawsuit against defendant Northrop Grumman Corporat...
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*1022 OPINION AND ORDER This matter is before the Court on the parties’ opposing Motions for Summary Judgment on Plaintiffs Second Amended Complaint. Plaintiff Mark E. Wolfe brought this action against Defendant, the Village of Brice, Ohio (“the Village”), originally challenging the constitutionality of a 1994 Village ordinance (“Ordinance 7-94”) which regulated the location ...
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ORDER AND MEMORANDUM OF DECISION Plaintiffs John and Anita Burns (“Plaintiffs”), proceeding pro se, bring this procedural due process claim against Defendants Town of Lamoine (“the Town”), John Fink (“Fink”), and Sally Bell (“Bell”). Plaintiffs allege that Defendants’ revocation of their plumbing permit without a pre-deprivation hearing violated their Fifth and Fourteenth Amendment rights and see...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION Before the court is a Motion for Class Certification filed by the Plaintiffs on June 1, 1998. The Plaintiffs originally filed their Complaint in this case on September 4, 1996. The Plaintiffs allege that Home Oil Company, Inc. (“Home Oil”) discriminated against them on the basis of race in violation of 42 U.S.C. § 1981 and Title VII of the Civil Righ...
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33 F. Supp. 2d 359 (1999) Thomas G. JAKELSKY, Plaintiff, v. Jane S. FRIEHLING, D.O., Defendant. No. CIV. A. 97-1358. United States District Court, D. New Jersey. January 26, 1999. *360 *361 Peter D. Hoffman, Thomas Ghignone, Law Office of Peter D. Hoffman, Frenchtown, NJ, for Plaintiff, Thomas G. Jakelsky. Timothy M. Crammer, Paarz, Master, Koernig, Crammer, O'Brien, Bishop & Horn, P.C., Plea...
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MEMORANDUM OPINION AND ORDER Caroline Speropoulos (“Speropoulos”) has charged her former employer Jewel Food Stores, Inc. (“Jewel”) with employment discrimination in violation of Title VII of the Civil Rights Act of 1964 as amended (“Title VII,” 42 U.S.C. §§ 2000e to 2000e-17), as-sertedly stemming from her interracial non-marital relationship with Jewel employee Jesse Knight (“Knight...
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OMNIBUS ORDER CONSOLIDATING CASES; DIRECTING ALL INTERESTED PERSONS TO SUBMIT BIDS FOR DESIGNATION AS LEAD PLAINTIFFS’ COUNSEL; PROVISIONALLY CERTIFYING LEAD PLAINTIFF; PROVISIONALLY CERTIFYING CLASS; AND STAYING ALL DISCOVERY AND SCHEDULING REQÚIREMENTS THIS CAUSE is before the Court on motions for consolidation, filed in this case and *690various related cases. This putative class action was ...
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OPINION The Court is confronted here with a situation all too common in today’s legal climate. This litigation is no longer a search for the truth to resolve a bona fide dispute between two parties, but has become an acrimonious personal war between the lawyers, characterized by ad hominem attacks and spurious accusations of perjury and unethical conduct. In this war, Defendant’s counsel has ch...
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MEMORANDUM DECISION AND ORDER This matter is before the court on appeal from the Order and Judgment of Sanctions Against Jardine’s Towing for Violation of Automatic Stay, entered May *800 29, 1998 by Honorable John H. Allen, United States Bankruptcy Judge. Both parties have submitted appellate briefs, and oral argument was presented to the Court on November 24, 1998. Appellan...
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OPINION: MEMORANDUM This matter remains before the Court on motions to quash writ of attachment and vacate judgment filed by Tom Taylor, Dane Perry, and Susan Murphy ["the individual plaintiffs"]. For the reasons set forth below, the Court will grant the first motion and deny the second. *435FACTUAL SUMMARY In August, 1995, Sudanto, Inc. ["Sudanto" or "the corporate plaintiff"] and the individual ...
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*184OPINION OF THE COURT In this appeal, we consider whether the Territorial Court abused its discretion in denying a writ of review to appellant Executive Airlines, Inc. ["Executive"]. FACTUAL SUMMARY On December 29, 1992, appellee Eulet Gore ["Gore"] filed a complaint with appellee Department of Labor ["DOL"] claiming that Executive had wrongfully discharged him. Executive filed a motion to dis...
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OPINION OF THE COURT On the night of December 18, 1995, members of the Virgin Islands Narcotics Strike Force arrested an individual for selling cocaine to an undercover agent in Cruz Bay. This individual told the police that he had obtained the contraband from the appellant, Jamie Penn. The police issued a bulletin for the appellant at once.1 Later that evening, Virgin Islands Police Sergeant Augu...
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*689 OPINION The primary question presented by the parties’ cross-motions for summary judgment is whether Title VI of the Civil Rights Act of 1964 (“Title VI”), 42 U.S.C. § 2000d et seq., and certain implementing regulations promulgated thereunder, prohibit colleges and universities, through the auspices of the National Collegiate Athletic Association (“NCAA”), fro...
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MEMORANDUM and ORDER Factual Background Plaintiff filed his complaint on November 13, 1996. On March 18, 1997, a return of service was filed stating that the complaint had been served on the defendant, Philadelphia Housing Authority (PHA), on March 13, 1997. There was no entry of appearance by defendant, and on April 25, 1997 plaintiff requested an entry of default and default judgment. The Cle...
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MEMORANDUM REGARDING MOTION BY INTERVENERS, RICHARD, JEAN, AND ANTHONY SERAFINO TO RELEASE AND DISBURSE FUNDS IN ESCROW I. INTRODUCTION This motion arises out of a pending civil action filed by Hasbro, Inc. against George *96 Serafino and several other defendants. In connection with the suit, this court allowed Hasbro’s motion for attachment of real property owned by Serafino. Following...
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MEMORANDUM AND ORDER I. INTRODUCTION Maria M. Natal (“Natal”) brings this action as the administratrix of the estate of her father, Carlos Adorno (“Adorno”), who was shot dead on February 11, 1996 by New Bedford Police Officer Henry Tur-geon, III (“Turgeon”) during an attempted arrest. Natal asserts causes of action against the City of New Bedford (“the City”) under 42 U.S.C. § 1983 and the...
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*114 MEMORANDUM AND ORDER I. Introduction As part of its enforcement of a criminal restitution order against William W. Lilly (“Lilly”), the United States (the “Government”) is conducting an investigation to determine whether any of three non-party witnesses hold, or have assisted in concealing, assets for Lilly. The nonparty witnesses move to quash certain subpoenas issued to them by the Govern...
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MEMORANDUM OPINION AND ORDER ON PLAINTIFF’S MOTION FOR ATTORNEY FEES AND COSTS On April 20, 1998, I ordered that the removal of this action to this court was improvident, remanded the case to the District Court, Twentieth Judicial District, State of Colorado and retained jurisdiction over Pittsburgh Corning Corporation and its attorneys in order to determine whether costs, sanctions and a...
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DECISION and ORDER This civil rights action under 42 U.S.C. § 1983, was originally filed by the plaintiff in the circuit court for Milwaukee County on April 30, 1998. The complaint named the city of Milwaukee, [“the City”], Officer Wawryzmiakowski, and “Other Unnamed Police Officers.” On May 20, 1998, the defendants removed the action to federal court pursuant to 28 U.S.C. § 1441(a) and (...
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MEMORANDUM AND ORDER This 42 U.S.C. § 1983 action for declaratory and injunctive relief challenges “the Boxing Act,” a California law that imposes a five percent gross receipts tax on all pay-per-view telecasts of boxing, wrestling, kickboxing, and similar contests. See Cal.B. & P.Code § 18600. Plaintiff refused to pay the tax following its telecast of the Holyfield versus ...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff Sokolow brings this action against his former employer, the City of League City, alleging retaliation in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e et seq. He also alleges a violation of the Texas Open Meetings Act, Tex. Gov’t Code Ann. § 561 et seq. Now...
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MEMORANDUM OPINION Convicted and, sentenced in this Court in 1996 for a felon-in-possession offense, the defendant now brings a petition for writ of audita querela, arguing that his post-offense rehabilitation, while a federal prisoner, justifies issuance of the writ. Certainly, the Court agrees with petitioner that the usual mechanism for review of federal sentences is foreclosed to him,...
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OPINION AND ORDER I. INTRODUCTION Plaintiffs filed a complaint against the Parke-Davis Division of Warner-Lambert Company and three of its supervisory personnel in Washtenaw County Circuit Court, alleging violations of the Elliott-Larsen Civil Rights Act (ELCRA), M.C.L. § 37.2101 et seq.; and the Handicapper’s Civil Rights Act (HCRA), M.C.L. § 37.1101 et seq. Defendants filed a petition to remov...
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41 F. Supp. 2d 587 (1999) Rob FARMER, Plaintiff, v. Dr. David RAMSAY, et al, Defendants. No. Civ. L-98-1585. United States District Court, D. Maryland. March 10, 1999. *588 *589 John Montgomery, Washington, DC, for plaintiff. J. Joseph Curran, Jr., Attorney General of State of Maryland, Dawna M. Dobb and Anne L. Donahue, Assistant Attorneys General, Baltimore, MD, for defendants. MEMORANDUM LEGG...
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41 F. Supp. 2d 581 (1999) Ethan ROSENFELD, et al. v. MONTGOMERY COUNTY PUBLIC SCHOOLS, et al. No. Civ. L-98-1793. United States District Court, D. Maryland. March 4, 1999. *582 John Montgomery, Washington, DC, for plaintiffs. Patricia A. Brannan, and Hogan and Hartson, L.L.P., and Judith S. Bresler and *583 Reese and Carney, L.L.P., Washington, DC, for defendants. MEMORANDUM LEGG, District Judge...
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I. FACTUAL BACKGROUND On October 30, 1972, Seymour Stein (“Stein”) filed a patent application (“the Application”) entitled “Locating,” Serial *69Number 5/301, 945, with the Patent and Trademark Office. This Application described a basic technique for locating broad classes of radio emitters using receivers located on one or more moving platforms. On April 9, 1973, the Commissioner of Patents, at t...
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37 F. Supp. 2d 1189 (1999) Adam BINGHAM, Plaintiff, v. OREGON SCHOOL ACTIVITIES ASSOCIATION, Wes Ediger in his official and individual capacities, Defendant. No. Civ. 98-6282-TC. United States District Court, D. Oregon. March 11, 1999. *1190 Martha Lee Walters, Walters Romm & Chanti, Eugene, OR, for Adam Bingham, plaintiff. Don G Carter, Barry L. Groce, McEwen Gisvold Rankin Carter & Stre...
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MEMORANDUM AND ORDER I. Introduction The plaintiff in this action, Roger W. Giese (“Giese”), commenced suit against the defendants, Vector Laboratories, Inc. and Pierce Chemical Co. (collectively, “Vector”), alleging contributory infringement and inducement of infringement of Giese’s patents, United States Letters Patent Nos. Re. 31,712 (“the ’712 Patent”) and Bl, 4,478,914 (“the...
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ORDER WHEREAS, Plaintiff Zeneca Limited (“Zeneca”) filed a motion for partial summary judgment (# 73) seeking dismissal of Defendant Pharmachemie B.V.’s equitable counterclaims and affirmative defenses of collateral estoppel, patent misuse, and unclean hands; WHEREAS, all discovery relating to the above-referenced counterclaims and affirmative defenses was completed prior to ...
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MEMORANDUM OPINION The issue before the Court is whether defendant’s possession of 29.1 grams of material containing small amounts of low strength cocaine base is relevant conduct that should be considered in arriving at defendant’s sentence under the United States Sentencing Guidelines. In his memoranda in aid of sentencing, defendant objects to the consideration of the 29.1 grams of material o...
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ORDER Before the Court is a Motion to Dismiss submitted by Defendant, General Motors Corporation (“GM”). On October 27,1998, the Plaintiff, Jeffrey Satyshur (“Satys-hur”), filed a Complaint in the Grant County Circuit Court alleging wrongful discharge. On November 16, 1998, pursuant to 28 U.S.C. §§ 1441 and 1446, GM filed a Notice of Removal of this action from Grant County Circuit Court ...
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MEMORANDUM & ORDER In the attached Report and Recommendation dated February 2, 1999, Magistrate Judge Steven M. Gold recommends that defendant’s motion for summary judgment be granted and plaintiffs motion to amend the complaint be denied. Objections to the Report and Recommendation were due on February 18, 1999. No objections have been received by this Court. The Court adopts the Mag...
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AMENDED LETTER OPINION ORIGINAL ON FILE WITH CLERK OF THE COURT This matter comes before the Court on defendant Sea-Land Service, Inc.’s Motion for Summary Judgment and plaintiff Ace Bag & Burlap Co., Inc.’s Motion for Summary Judgment. This matter was decided without oral argument pursuant to Federal Rule of Civil Procedure 78. For the reasons stated herein, defendant Sea-La...
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OPINION I. Introduction Plaintiff Calvin M. Price was employed by the Delaware Department of Correction (“Department”) as a probation officer assigned to the Work Programs Unit from November 1986 until July 1992. Plaintiff filed his complaint against the Department and two of his former supervisors, George Hawthorne and Catherine Taylor, on March 12, 1995. (Docket Item “D.I.” 1)....
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45 F. Supp. 2d 423 (1999) Jonathan M. COHEN, Plaintiff, v. Eric C. KURTZMAN, et al., Defendants. No. Civ.A. 98-2828 (AJL). United States District Court, D. New Jersey. January 11, 1999. *424 Geoffrey D. Eberle, Hillsdale, NJ, for plaintiff. Thomas J. Herten, Anthony R. Suarez, Herten, Burnstein, Sheridan, Cevasco, *425 Bottinelli & Litt, LLC, Hackensack, NJ, for defendants. OPINION LECHNER, ...
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MEMORANDUM & ORDER Plaintiff Jerry Davis, Inc. (JDI) seeks a declaration that its insurer, Maryland Insurance Company (Maryland), is required under its “Commercial General Liability” policy to indemnify it in a lawsuit against it in state court. Before the court is Maryland’s motion to dismiss and plaintiffs response thereto. Factual Background, 1 JDI contract...
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OPINION In this diversity case, plaintiffs Space Imaging Europe, LTD. and Tower Group, Inc. move for summary judgment on the question of whether defendants Space Imaging L.P., Space Imaging, Inc. and Space Imaging/EOSTAT LLC were required to give plaintiffs a right of first refusal based on a letter of intent (“LOI”) that the parties executed in September 1997. Defendants cross-move f...
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OPINION AND ORDER Now pending before the Court are the motion of plaintiff PGMedia, Inc., d/b/a name space ™ (“PGM”) for summary judgment on Count VI of its second amended complaint, a claim for declaratory judgment 1 the cross-motion for summary judgment on Count VI of defendant Network Solutions, Inc. (“NSI”); and the cross-motion of defendant National Science Foundation (“NS...
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OPINION I. INTRODUCTION Presently before this court is the motion of Duane, Morris & Heckscher, LLP, counsel for the defendants, Ralph Wilson Plastics Company and Premark International Inc., to compel additional deposition testimony by Julio Fernandez, one of plaintiffs experts or, in the alternative, to preclude him from testifying as plaintiffs’ expert, pursuant to Fed. R.Civ.P. 26. After car...
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*308 MEMORANDUM and ORDER Plaintiffs James J. O’Sullivan, Enrique Edwards, Lawrence Helfand, Thomas P. Mathews, Maureen A. Moccia, Kenneth J. Mooney, Howard Seiter, Benjamin S. Redmond and Sheila M. Mccue (collectively, “plaintiffs”) bring this claim under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., the New York State Human Rights La...
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MEMORANDUM AND ORDER This criminal case charging false statements to the Internal Revenue Service on applications for tax refunds raises two jury charging issues. One, involving the question of when knowledge of the law must be proven as an element of the offense — the classic issue of applicability of the assumption that everyone is expected to act as if he or she knew what the law is — requ...
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MEMORANDUM OPINION AND ORDER Michael Korzeniowski (“Korzeniowski”) has sued ABF Freight Systems, Inc. (“ABF”), asserting that ABF violated the Americans with Disabilities Act (“ADA,” 42 U.S.C. §§ 12101-12117 1 ) by discriminating against him because of his arterio-sclerotic heart disease. Korzeniowski brought additional claims of age discrimination under the Age Discriminat...
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36 F. Supp. 2d 216 (1999) Rodney NORTON, Plaintiff, v. WILSHIRE CREDIT CORP., Defendant. Civ. No. 95-3223(WHW). United States District Court, D. New Jersey. February 17, 1999. *217 *218 W. Thomas McDonough, Jr., McDonough, Kiernan & Campbell, Montclair, NJ, for Plaintiff. Elizabeth Watson Gramigna, Deutsch, Resnick, Green & Kiernan, Springfield, NJ, for Defendant. OPINION WALLS, District...
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MEMORANDUM AND ORDER The parties submitted for the court’s approval a stipulated protective order. By Memorandum and Order dated May 7, 1998, the court referred the matter to Magistrate Judge Cheryl L. Pollack to determine whether good cause exists to enter such an order. In a Report and Recommendation dated December 11, 1998, familiarity with which is assumed, Magistrate Judge Pollack recommende...
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MEMORANDUM AND ORDER Pending before the Court are the motions of Defendants Michael Mostow (“Mostow”), Lindenhurst Union Free School District (“District”), and the Board of Education of Lindenhurst Union Free School District (“Board”) for summary judgment in this civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiffs John and Yolanda Montefusco (“Montefus-co”) oppose the...
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OPINION AND FINAL ORDER Plaintiff, a federal inmate, brings this pro se action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), to redress an alleged violation of his constitutional rights. *767 I. PROCEDURAL HISTORY On November 24, 1998, the court dismissed plai...
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ORDER ON REMAND The Mandate of the Court of Appeals having now issued, this court hereby vacates its Judgment of May 15, 1998 to the following extent. The dismissal on the ground of the Feres doctrine of the state claims asserted by plaintiff against defendants James Towle, Duane Catón and John Does 1-8 is vacated. However, on remand, the court hereby exercises its discretion to decline suppleme...
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42 F. Supp. 2d 893 (1999) Brian McGOLDRICK, Plaintiff, v. DATATRAK INTERNATIONAL, INC., a Minnesota corporation and Donald E. Roepke, Defendants. No. CIV97-2306 (JRT/RLE). United States District Court, D. Minnesota. February 26, 1999. *894 Brian McGoldrick, Edina, MN, pro se. Jane Lanoue Binzak, Hecox Harman Mattaini Koshmrl Cosgriff & Johnson, St. Paul, MN, for Defendants. ORDER TUNHEIM, Di...
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ORDER On July 16, 1998, Plaintiff filed his second amended complaint pursuant to 28 U.S.C. § 1331. This matter was referred to Magistrate Judge Terlizzi for report and recommendation pursuant to the Local Rules of this Court. On December 7, 1998, Judge Terlizzi filed a report and recommendation. Thereafter, Plaintiff filed objections to Judge Terlizzi’s report and recommendation on January 4,19...
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38 F. Supp. 2d 1038 (1999) Dennis J. VAN STRATEN, Petitioner, v. David H. SCHWARTZ, Administrator, Division of Hearings and Appeals, Respondent. No. 98-C-509. United States District Court, E.D. Wisconsin. March 9, 1999. *1039 Dennis J. Van Straten, pro se. William Gansner, Office of Attorney General Madison, WI, for respondent. DECISION AND ORDER CURRAN, District Judge. Dennis J. Van Straten, a ...
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ORDER Based upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-titled matter, it is— ORDERED: 1. That the Defendant’s Motion for Summary Judgment [Docket No. 8] is granted. 2. That Count I of the Plaintiffs Complaint is dismissed with prejudice; and Coun...
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OPINION AND FINAL ORDER On January 19, 1994, Petitioner pled guilty in the Circuit Court for the City of Virginia Beach to the murders of Katherine Tafelski and Ashley Tafelski, Petitioner’s neighbors. Petitioner also pled guilty to one count of statutory burglary, one count of sexual penetration with an inanimate object, and two counts of malicious wounding of A.J. Tafelski and Chels...
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MEMORANDUM AND ORDER The plaintiffs bring this action to challenge the constitutionality of recently-promulgated Ohio Administrative Code 4301:1-1-52 (“Rule 52”). After a hearing, this Court issued a temporary restraining order (TRO) prohibiting the defendants from enforcing Rule 52 against the plaintiffs. The TRO was extended for an additional ten days, and the parties submitted supplementary b...
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MEMORANDUM OPINION AND ORDER Before the court is Defendant City of Chicago’s (“City”) Motion to Dismiss Count III of Plaintiffs’ Amended Complaint at Law, containing a § 1983 “official policy” claim against the City. The City’s motion is filed pursuant to Fed.R.Civ.P. 12(b)(6), for failure to state a claim upon which relief can be granted. For the reasons stated below, the City’s Motion is gran...
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MEMORANDUM OPINION AND ORDER Before the court is defendants the individual police officers and the City of Chicago’s joint motion to dismiss Counts IV, V, VI, VII, VIII, and IX of plaintiff Eric Holder’s first amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, the court denies the individual police officers *968 and the Ci...
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MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION The court heretofore ordered that this matter be referred to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The court has received and considered the Report of the United States Magistrate Judge pursuant to...
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42 F.Supp.2d 693 (1999) Lisa C. WEBER v. HOLIDAY INN, Beaumont Plaza. No. 1:98-MC-36. United States District Court, E.D. Texas, Beaumont Division. March 4, 1999. *694 *695 Lisa C Weber, Beaumont, TX, plaintiff pro se. MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION COBB, District Judge. The court heretofore ordered that this matter be referred to the Honorable Earl S. ...
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MEMORANDUM AND ORDER This is a case in which the plaintiff, Mary Elizabeth Mooney, alleges certain malpracticé claims against defendants Dr. Scott Strong and The Cleveland Clinic Foundation, for surgery performed on her husband in 1996. Currently pending before the Court is a motion for summary judgment and a request from Mooney to extend the deadline for filing her expert report. For the reason...
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Memorandum of Opinion and Order Introduction This matter is before the Court upon defendant’s Motion for Summary Judgment (Doc. 12). This case arises out of the placement of a lien on a piece of property in Shaker Heights by the Internal Revenue Service as a result of federal income tax liability entered against plaintiff Rosalind Taylor. For the following reasons, the Motion...
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OPINION & ORDER Pending before this Court are plaintiffs’ motion for summary judgment (Dkt.# 15) and the defendant’s cross-motion for summary judgment. (Dkt.# 22). Plaintiffs requested three extensions of time (Dkt. 26, 29, 30) to reply to defendant’s cross-motion for summary judgment, and failed to comply with their own suggested extension-deadlines on all three occasions. The parties then req...
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OPINION AND ORDER Plaintiffs, Edgar Rodriguez-Oquendo (“Rodriguez”); his wife, Elsa Pérez-Ador-no (“Pérez”); and their conjugal partnership, bring an action against Defendants Pedro Toledo-Dávila (“Toledo”), Superintendent of the Puerto Rico Police Department; Salvador Padilla, a police officer of the Puerto Rico Police Department; José Gómez-Gónzalez (“Gómez”), a police officer of th...
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47 F. Supp. 2d 166 (1999) UNITED STATES of America, Plaintiff, v. Yamil H. KOURI-PEREZ (01), et al., Defendants. No. Crim. 97-091 (JAF). United States District Court, D. Puerto Rico. March 2, 1999. *167 *168 Maria A. Dominguez-Victoriano, Asst. U.S. Attorney, Guillermo Gil, U.S. Attorney, San Juan, PR, for U.S. Benny Frankie Cerezo, San Juan, PR, for Kouri-Perez. Francisco Rebollo-Casalduc, San J...
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MEMORANDUM AND ORDER Plaintiff, Patrick Falvey (“Falvey”), has moved for the disqualification of the law firm of Hodosh, Spinella & Angelone which is serving as counsel for defendant, Laredo Coach Works, Inc. (“Laredo”). Laredo objected and a hearing was held on February 8, 1999. Subsequently, on March 1, 1999, testimony was taken on the issue of what legal work was performed for plaintiff by A...
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MEMORANDUM OPINION This matter is before the Court pursuant to Plaintiffs’ Motion to Strike Confidentiality Order [Document #234]. Plaintiffs request that all of the documents and material in the judicial record be released from the seal which was imposed on confidential documents as part of the Court’s December 2, 1994 Confidentiality Order. For the reasons that follow, Plaintiffs’ request is ...
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42 F. Supp. 2d 867 (1999) Donald SCALLON, Plaintiff, v. U.S. AG CENTER, INC., d/b/a Austinville Elevator Co., an Iowa corporation, and United Suppliers, Inc., an Iowa corporation, Defendants, and U.S. AG Center, Inc., d/b/a Austinville Elevator Co., an Iowa corporation, Counterclaimant, v. Donald Scallon and Terry Deters, Counterdefendants. No. C96-3140-MWB. United States District Court, N.D. Iow...
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MEMORANDUM AND ORDER This matter is before the Court on plaintiffs “Motion to File Petition [sic] with Party’s Initials” and “Motion to Amend Petition [sic] by Interlineation.”1 The Court will first address plaintiffs motion to file his complaint using a fictitious name, specifically his initials. In support of the motion, plaintiff asserts that he is an AIDS patient and would like to maintain hi...
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MEMORANDUM OPINION AND ORDER REGARDING ATTORNEYS’ FEES, EXPENSES, AND COSTS TABLE OF CONTENTS /. BACKGROUND.1060 II. LEGAL ANALYSIS.1061 A. RTFS #l’s Claim For Fees And Expenses.1061 1. Fees claimed.1061 2. Expenses claimed.1062 3. Calculation of a reasonable fee.1062 a. Reasonable hourly rate.1063 ...
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*1028 ORDER RE: MOTION TO QUASH GRAND JURY SUBPOENA National Bank of Alaska (“NBA”), recipient of a federal grand jury subpoena duces tecum requiring it to produce certain depositor records, filed a motion to quash the subpoena pursuant to Federal Rule of Criminal Procedure 17(c). See Docket Nos. 1 (Motion), 7 (Reply). NBA argues that it is prohibited by Alaska sta...
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40 F. Supp. 2d 62 (1999) Idanis Garcia MORALES, et al., Plaintiffs, v. INSTITUTO COMERCIAL DE PUERTO RICO JURIOR COLLEGE, et al., Defendants. No. Civ. 97-1766(SEC). United States District Court, D. Puerto Rico. March 2, 1999. *63 Jesus R. Rabell-Mendez & Pedro J. Salicrup, Rosello-Rentas & Rabell-Mendez, San Juan, PR, for plaintiffs. Luis N. Blanco-Matos, San Juan, PR, for defendants. OP...
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MEMORANDUM OPINION Defendants Speedvision Network, L.L.C. and Outdoor Life Network, L.L.C. (“Defendants”) have moved for dismissal pursuant to Fed.R.Civ.P. 12(b)(3) for improper venue. The Defendants’ motion is based upon a forum selection clause contained in the contract that is the subject of *345 this lawsuit. For the reasons set forth below, the Defendants’ motion is GRAN...
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ORDER For the reasons stated in an accompanying Memorandum, it is this 11th day of March, 1999, hereby *30 ORDERED: that plaintiffirelator’s motion for leave to file an amended complaint [188] is GRANTED; and it is further ORDERED: that defendant’s motion to strike plaintiff/relator’s motion for summary judgment [207] is DENIED; and it is further ORDERED: that ...
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ORDER This matter is before the court on a motion for summary judgment filed by the defendant Joseph M. Squadrito (“Squadri-to”) on January 14, 1999. The parties completed briefing the motion on February 18, 1999. For the following reasons the motion will be granted. Summary Judgment Standard Summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admi...
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MEMORANDUM OPINION Plaintiffs, Redouane A. Jaouad (“Jaouad”) and Jose A. Vazquez (‘Vazquez”), brought a class action suit against defendants, the City of New York, the New York City Department of Transportation (“DOT”), the New York City Department of Finance (“DOF”), and the New York City Parking Violations Bureau (“PVB”) (collectively: “the City”), alleging that defendants violated ...
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*776 ORDER By Order dated February 18, 1999, and for reasons stated in an accompanying Memorandum Opinion, both of defendants’ motions to dismiss, one of which was construed as a motion for summary judgment, were denied. The Court informed both parties that this action, filed in forma pauperis, would continue on the Court’s active docket. On the same date, plaintiff filed a Motion for Vol...
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54 F. Supp. 2d 479 (1999) UNITED STATES and Government of the Virgin Islands, Plaintiffs, v. Ann ABRAMSON and Berthill Thomas, Defendants. Crim. No. 1998-228. District Court, Virgin Islands, Appellate Division, D. St. Thomas and St. John. March 2, 1999. Julien Adams, Asst. U.S. Attorney, St. Thomas, VI, for plaintiffs. George Canon, St. Croix, VI, Lawrence H. Schoenbach, New York City, for defend...
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52 F. Supp. 2d 518 (1999) Valentino McBEAN and Yvette McBean, Appellants, v. GUARDIAN INSURANCE AGENCY, C.E. Brathwaite & Assoc., Inc., and Christopher Brathwaite, Appellees. No. 1996-165. District Court, Virgin Islands, Appellate Division, D.St. Thomas and St. John. Considered: September 24, 1997. March 10, 1999. *519 Joseph Arellano, St. Thomas, VI, for appellants. Adam Christian, St. Thoma...
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37 F. Supp. 2d 495 (1999) Carver Dan PEAVY, et al., Plaintiffs, v. Charles James HARMAN, Sr., et al., Defendants. Carver Dan Peavy, et al., Plaintiffs, v. WFAA-TV, Inc., et al., Defendants. Nos. Civ.A. 3:96CV1506-R, 3:96-CV-2945-R. United States District Court, N.D. Texas, Dallas Division. February 18, 1999. *496 *497 *498 *499 *500 *501 Michael J. Quilling, Quilling Selander Cummiskey Clutts &am...
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MEMORANDUM OPINION AND ORDER Plaintiffs have sued Charles Harman, Sr. in separate actions under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by the Electronic Communications Privacy Act of 1996, 18 U.S.C. § 2510, et seq. (“Title III”). 1 A bench trial was held on January 19, 25 & 26, 1999. The Court now makes the foll...
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ORDER GRANTING LEAVE TO FILE FOURTH AMENDED COMPLAINT Plaintiff has moved for leave to amend her complaint to add a claim for punitive damages. Plaintiff assumes she must comply with § 768.72, Florida Statutes, which requires the submission of evidence as a condition precedent to pleading a claim for punitive damages. Plaintiff has submitted evidence she says satisfies that requiremen...
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MEMORANDUM AND ORDER This is a diversity case brought by plaintiff Leslie R. Johnson against defendants Robert Lindley and Lindley Farms, a Nebraska corporation. While the plaintiff was riding his motorcycle on a state highway, plaintiffs motorcycle collided with a dog owned by defendant Robert Lindley. The plaintiff suffered personal injury and damage to his motorcycle. The plaintiff has asser...
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MEMORANDUM OPINION AND ORDER This matter is before the court for consideration of defendants’ motion for judgment on the pleadings filed May 4, 1998. Pursuant to an order of the court, the parties filed submissions on the motion and the matter is mow ready for resolution. 1 For the reasons stated below, the court finds that defendants’ motion should be granted I. On or about December 6,...
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MEMORANDUM OPINION AND ORDER 1 I. INTRODUCTION AND PROCEDURAL HISTORY This is a declaratory judgment action fded by Titan Indemnity Company (Titan) against Jerry Newton, Robert Garland and John Tatum. 2 In this action, Titan, an insurance company, asks the court to declare that it is not required by its contract of insurance with the City of Andalusia, Alaba...
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This is a suit to stay the effectiveness of, and to enjoin defendants from enforcing, a *668 final rule of the Research and Special Programs Administration (“RSPA”) of the United States Department of Transportation (“DOT”) entitled, “Hazardous Materials: Cargo Tank Motor Vehicles in Liquefied Compressed Gas Service,” codified at 49 C.F.R. § 171.5(a)(l)(iii) (1997) (the “Final Rule”...
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ORDER Plaintiff W. David Shows, who is white, has brought this lawsuit against three defendants: the Town of Hayneville, Alabama; the town’s mayor, Joe Eddie Morgan, an African-American; and one of the town’s police officers, Gerald Tippins, who is also an African-American. Shows alleg *1352 es that the defendants conspired to deprive him of his civil rights by refusing t...
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ORDER This lawsuit is now before the court on the objections to the bills of costs and motion to stay execution pending appeal, filed by plaintiffs Annette Marie Blevins and Frances Elizabeth Amerspek on January 28, 1999. Defendant Heilig-Meyers Corporation seeks to tax $2,397.90 against the plaintiffs jointly. Defendant Monte Holcomb seeks to tax $811.50 against the plaintiffs jointly. For rea...
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MEMORANDUM OPINION AND ORDER Before the Court are Defendants’/Counter-Plaintiffs’ Motion for Summary Judgment against Plaintiff/Counter-Defendant and Defendants’/Counter-Plaintiffs’ Motion for Summary Judgment against Plaintiff/Counter-Defendant and Counter-Defendants. For the reasons set forth below, the former Motion is granted, and the later Motion is granted in part, and denied in...
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MEMORANDUM AND ORDER I. Introduction Petitioner Lance Michael Turner (“Turner”) challenges the outcome of three prison disciplinary hearings. Having reviewed the pending motion, the submissions of the parties, the state habeas record, the disciplinary records, and the applicable law, the court is of the opinion that Turner’s Petition for Writ of Habeas Corpus (# 1) should be ...
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MEMORANDUM AND ORDER I. Introduction Pending before the court is Defendant Continental Airlines, Inc.’s (“Continental”) *408 Motion to Dismiss (# 7). Having reviewed the pending motion, the submissions of the parties, the pleadings, and the applicable law, the court is of the opinion that Continental’s motion to dismiss should be denied. II. Factual Ba...
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MEMORANDUM On August 8, 1996, plaintiff Williams Controls, Inc. (Williams) instituted this di *519 versity action against defendant Párente, Randolph, Orlando, Carey & Associates (Párente), alleging claims for negligence, negligent misrepresentation, and third party beneficiary breach of contract in connection with Parente’s preparation of certain financial information that W...
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MEMORANDUM OF DECISION AND ORDER DENYING DEFENDANT DETHLEF’S MOTION FOR EVI-DENTIARY HEARING REQUIRING RECUSAL OF THIS JUDGE Before the Court for action at this time is Defendant’s motion, after remand, for evidentiary hearing in respect to certain sentencing issues (Docket No. 641). This case was remanded by the Court of Appeals for the First Circuit for resentencing after that court disallowe...
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ORDER DENYING DISMISSAL, TRANSFER OR STAY OF PROCEEDINGS Defendants have moved the court to dismiss, transfer or stay these proceedings pending the outcome of a parallel federal lawsuit initiated by them in the Eastern District of Wisconsin. The court having reviewed the memoranda submitted by the parties finds defendants’ petition unwarranted. PROCEDURAL BACKGROUND This is one of four su...
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MEMORANDUM AND ORDER KCJ Corporation filed suit against Kinetic Concepts, Inc. and KCI Therapeutic Services, Inc., asserting that they willfully infringed its U.S. Patent No. 4,631,767 (the “ ’767 patent”) by manufacturing and selling certain therapeutic low air loss mattresses. This matter comes before the Court on Plaintiff KCJ’s Motion For Summary Judgment As To Infringement ...
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MEMORANDUM OF DECISION AND ORDER Daniel Beegan, Plaintiff, brought this suit against Associated Press and Connecticut General Life Insurance Company (“Connecticut General”), Defendants, alleging violations of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”), and breach of contract. Now before the Court is Defendant Associated Press’s motio...
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MEMORANDUM OF DECISION AND ORDER Robert J. Spenlinhauer, Appellant, appeals from an order entered by the bankruptcy court authorizing the sale of his interest in the JRS Realty Trust of Maine (the “JRS Trust”) and the release of all the estate’s claims against the JRS Trust interest purchasers that arose as a result of Appellant’s interest in the JRS Trust. Before this Court, Appellant co...
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MEMORANDUM OPINION AND ORDER In this bankruptcy case, defendants Appel, Frey, and Lucas, P.C. (Appel law firm) and Garry R. Appel, Esq. (Appel) (collectively, Appel defendants) joined by defendants Johnson, Olden and Angelí (JOA law firm) and Scott C. Brown, Esq. (Brown), (collectively, Brown defendants) (all defendants known collectively, as legal defendants) move for judgment on the ple...
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MEMORANDUM DECISION ON APPEAL This appeal arises from two orders of the bankruptcy court declining to abstain under 28 U.S.C. § 1334(c) from considering creditor’s claim against Debtors in bankruptcy in favor of allowing a retrial of the judgment upon which it was based to proceed in state court pursuant to the state court of appeals’ order for remand. The creditor, Appellant The Ridge at...
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*1284 MEMORANDUM AND ORDER This matter is before the court on Sprint/United Management Company’s Renewed Motion For Summary Judgment On Count II Of Plaintiff’s Amended Complaint (Doc. # 65) and Sprint/United Management Company’s Motion To Dismiss Counts I, III-VI Of Plaintiff’s Amended Complaint (Doc. # 63), both filed September 8, 1998. Having carefully...
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MEMORANDUM AND ORDER This matter comes before the Court on Post Trial Motions Pursuant To Federal Rules Of Civil Procedure 23, 50 and 59 (Doc. # 852) which the National Collegiate Athletic Association (“NCAA”) filed on May 18, 1998. In those motions, the NCAA renews its request for judgment as a matter of law. In the alternative, it asks the Court to remit the damages awarded to each class or v...
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42 F. Supp. 2d 1159 (1999) TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, Plaintiff, v. RAGE ADMINISTRATIVE AND MARKETING SERVICES, INC., f/k/a Rage, Inc., Mid-Atlantic Pizza Huts, Inc., and Pizza Hut of Hickory No. 2, Inc., Defendants. Civil Action No. 98-2243-KHV. United States District Court, D. Kansas. January 8, 1999. *1160 David W. Hauber, Boddington & Brown, Chtd., Kansas City, KS,...
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MEMORANDUM AND ORDER This matter is before the Court on Defendant’s Motion for Summary Judgment (Doc. # 64) filed September 30, 1998. Having carefully considered the parties’ arguments and the applicable law, the Court finds that defendant’s motion for summary judgment should be sustained as to plaintiffs’ claims of intentional infliction of emotional distress and otherwise denied. A. St...
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MEMORANDUM AND ORDER Petitioner moves, pursuant to 28 U.S.C. § 2255, for an order correcting the purported illegal sentence imposed by this Court on October 1, 1993. On that date, he was sentenced, following his plea of guilty to being a felon in unlawful possession of a firearm in violation of 18 U.S.C. § 922(g), to, inter alia, a term of imprisonment of 21 months. BACKGROUND By indi...
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DECISION AND ORDER Plaintiffs, Lisa M. Robinson and Clifford Robinson (“Mrs. Robinson” and “Mr. Robinson,” respectively), commenced this action in New York State Supreme Court, Ontario County, in June 1996. Defendant, Wal-Mart Stores, Inc. (“Wal-Mart”), removed the action to this court in October 1996, pursuant to this court’s diversity jurisdiction under 28 U.S.C. § 1332. Defendant now moves...
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OPINION Plaintiff Sarah Goldstein commenced this putative class action suit against defendant Hutton, Ingram, Yuzek, Gainen, Carroll & Bertolotti (“Hutton”), a New York City law firm, for alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692-1692o (“FDCPA”). Hutton moves to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim up...
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Memorandum and Order Plaintiffs Andrea Magnus (“Magnus”), Alan Magnus and Charlotte Leavitt individually and as the administratrix of-the estate of Frieda Chase (“Chase”) bring an action against cigarette manufacturers, their current or former parent holding companies and two industry-related associations to recover damages for personal injuries allegedly suffered as a result of smoki...
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MEMORANDUM OF DECISION AND ORDER On May 6, 1998, Fanbrella, Inc. (the “plaintiff’ or “Fanbrella”), commenced this action by filing a verified complaint in the Supreme Court of the State of New York, Nassau County seeking monetary damages and injunctive relief restraining EDT Products, Inc. (“EDT”), T.E. Torkelson (“Torkel-son”), and Sport Cook, Inc. (“Sports Cook”) (collectively, the “defendant...
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OPINION AND ORDER Currently before this Court are the omnibus pretrial motions of defendants John A. Gotti, Dominick Loiacono, Vincent Zoi-lo, Anthony Plomitallo, Michael Zambou-ros, and Dennis McClain who are charged in various counts of the Indictment with, inter alia, racketeering, conspiracy, extortion, wire fraud, extortion in telecommunications and gambling. In these...
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42 F. Supp. 2d 821 (1999) BRANDON APPAREL GROUP, INC., Plaintiff, v. QUITMAN MANUFACTURING COMPANY INC., Defendant. No. 98 C 7146. United States District Court, N.D. Illinois, Eastern Division. March 18, 1999. *822 *823 *824 *825 Donald Kroyer Sylvanus Petersen, Petersen & Lefkofsky, P.C., Bloomfield Hills, MI, John A. Sopuch, III, J. Jeffrey Nouhan, Sopuch, Nouhan, Higgins & Arnett, LLP,...
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MEMORANDUM AND ORDER Plaintiff Louis J. Cassas seeks an award of attorney’s fees and disbursements pursuant to § 706(k) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5(k) from Defendant Lenox Hill Hospital. We deny Plaintiffs motion. BACKGROUND Plaintiff was employed as a security guard by Defendant from 1983 until 1989. On September 8, 1989, Defend...
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OPINION AND ORDER Plaintiffs Hermes International, Hermes Sellier, Hermes Gestión, Inc., and Hermes of Paris, Inc. (collectively “Hermes” or “plaintiff’) bring this action seeking both injunctive and monetary relief against defendants Lederer De Paris Fifth Avenue, Inc. (“Lederer”), Pelle Via Roma, Inc. (“Pelle”), Ártbag Creations, Inc. (“Art-bag”), and Rene Wang, d/b/a Rene Collection (“Rene”)...
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57 F. Supp. 2d 303 (1999) Elizabeth L. MEYER, Plaintiff, v. BELL ATLANTIC NETWORK SERVICES, INC., Defendant. No. Civ.A. 98-1578-A. United States District Court, E.D. Virginia, Alexandria Division. February 16, 1999. Michaele S. Battles, Kiblan & Battles, McLean, VA, for Elizabeth L. Meyer, plaintiff. Catherine Lynn Pinkerton, Hogan & Hartson LLP, McLean, VA, Katherine Marie Harman-Stokes,...
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MEMORANDUM AND ORDER This is an appeal from an order of the Bankruptcy Court, (Eisenberg, B.J.) dated November 6, 1996 (“the November 6, 1996 order”) (96 CV 5955[ADS]) which fixed Bankruptcy Rule 9011 sanctions against Bruce Gordon (“Gordon”) in the amount of $12,556. Gordon is the former Chief Executive Officer and a Director of the Debtor Who’s Who Worldwide Registry, Inc. (“the Deb...
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*360 OPINION AND ORDER Plaintiffs BCCI Holdings (Luxembourg) Societe Anonyme (“BCCI Holdings”), Bank of Credit and Commerce International Societe Anonyme (“BCCI S.A.”), Bank of Credit and Commerce International (Overseas) Limited (“BCCI Overseas”), and International Credit and Investment Company (Overseas) Limited (“ICIC Overseas”) (collectively, the “BCCI Group”), brought th...
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42 F. Supp. 2d 1171 (1999) Jimmie Leuellen BASH, Plaintiff, v. CITY OF GALENA, KANSAS, Defendant. No. 98-2072-KHV. United States District Court, D. Kansas. February 17, 1999. *1172 *1173 *1174 Jimmie Leuellen Bash, Galena, KS, plaintiff pro se. James S. Pigg, David R. Cooper, Fisher, Patterson, Sayler & Smith, Topeka, KS, for City of Galena, Kansas, defendant. MEMORANDUM AND ORDER VRATIL, Di...
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MEMORANDUM AND ORDER This matter is before the Court on the defendant’s Motion for Summai"y Judgment (Doc. # 31) filed June 23, 1998. Plaintiffs Don Smith and Benell Davis have filed a response to the motion and defendant, the Board of Public Utilities for the City of Kansas City, Kansas [BPU], has filed its reply. The matter is now ready for ruling. Having carefully consid...
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MEMORANDUM AND ORDER Keys Youth Services, Inc. [Keys], a not-for-profit corporation that operates youth homes in Kansas, alleges that zoning actions by the City of Olathe, Kansas and related defendants violated the Fair Housing Act [FHA], 42 U.S.C. §§ 3601 et seq., as amended by the Fair Housing Amendments Act of 1988, and its constitutional rights to procedural and substan...
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MEMORANDUM AND ORDER I. Introduction Petitioner Masud Homayun (“Homay-un”) challenges his continued confinement pursuant to an order of the Board of Immigration Appeals (“BIA”) that he be deported to his native country of Afghanistan. Having reviewed the pending motions, the submissions of the parties, *839 the pleadings, and the applicable law, this court is of ...
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MEMORANDUM AND ORDER George Neide brings suit against his former employer, Grand Court Lifestyles, Inc., claiming unlawful termination in violation of the Employee Retirement Income Security Act (“ERISA”) and denial of rights under the Family and Medical Leave Act (“FMLA”). This matter comes before the Court on defendant’s Motion For Summary Judgment (Doc. # 37) filed Decem...
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DECISION AND ORDER INTRODUCTION Plaintiff, Bausch & Lomb Incorporated (“B & L”), commenced this action on December 12, 1998. The original complaint sought a declaratory judgment pursuant to 28 U.S.C. §§ 2201 and 2202 declaring three patents held by defendants CIBA Vision Corporation (“CIBA”) and Commonwealth Scientific and Industrial Research Organization not to be inf...
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MEMORANDUM AND ORDER This matter comes before the Court on the Motion For Summary Judgment Of All Defendants Except Tom Lehmann (Doc. # 99) which Heart of America Management, Iowa Machine Shed Company, and Kansas Cooking, Inc. filed November 16, 1998 and plaintiffs Motion To Amend *883 And Include Claim For Punitive Damages (Doc. # 78) filed October 2...
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45 F. Supp. 2d 1316 (1999) BELLSOUTH ADVERTISING & PUBLISHING CORPORATION Plaintiff, v. LAMBERT PUBLISHING and Steve Lambert Defendants. No. CIV. A. 99-0168-CB-S. United States District Court, S.D. Alabama, Southern Division. March 16, 1999. *1317 *1318 Morris Wade Richardson, Lange, Simpson, Robinson & Somerville, Birmingham, AL, for plaintiff and counter-defendant. Mark Vanderbroek, Tro...
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45 F.Supp.2d 934 (1999) IBERVILLE PARISH WATERWORKS DISTRICT NO. 3, on behalf of itself and others similarly situated, Plaintiffs v. NOVARTIS CROP PROTECTION, INC., Defendant. No. CIV. A. 97-0886-CB-M. United States District Court, S.D. Alabama, Southern Division. March 15, 1999. *935 Arthur N. Bagwell, White Castle, LA, Claude V. Bilbo, Jr., Pascagoula, MS, *936 Stanley Chesley, Louise Roselle, ...
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42 F. Supp. 2d 1265 (1999) ALLTEL CORPORATION, Plaintiff, v. ACTEL INTEGRATED COMMUNICATIONS, INC., Defendant. No. CIV. A. 99-0195-CB-M. United States District Court, S.D. Alabama, Southern Division. March 15, 1999. *1266 J. Alan Baty, Maynard, Cooper, and Gale P.C., Birmingham, AL, Patrick C. Cooper, Birmingham, for Plaintiff. Frank J. Colucci, Colucci & Umans, New York City, Daniel J. Shapi...
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MEMORANDUM OPINION AND FINAL ORDER This matter is before the Court on Defendant’s motion for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Both parties have submitted briefs on the relevant issues; thus, the matter is ripe for judicial determination. For the reasons set forth below, Plaintiffs case is DISMISSED WITH PREJUDICE. I. FACTUAL AND PROCE...
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MEMORANDUM Charles Allen has filed a motion for return of property pursuant to Federal Rule of Criminal Procedure 41(e). Allen *437 contends that he was not given proper notice of the government’s intent to forfeit $39,001 of his money and requests that the property be returned to him. The motion is denied for the following reasons. Allen, filing pro se, has inadvert...
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OPINION AND ORDER The question before the court is whether a jury trial in a suit brought by a state prisoner under 42 U.S.C.A. § 1983 should be conducted through interactive video conferencing by which the plaintiff would remain confined in New Mexico while simultaneously participating in the trial held in this district. For security and expense reasons, I accept the state’s request to h...
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DECISION AND ORDER I. Introduction Third-party defendant Hotel Employees and Restaurant Employees Union, Local 100, of the Hotel Employees and Restaurant Employees International Union, AFL — CIO (“Local 100”), has filed a motion to dismiss the (Second Amended) Third-Party Complaint of the defendant and third-party plaintiff Lobster Box Restaurant, Inc. (“Lobster Box”), pu...
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42 F. Supp. 2d 837 (1999) Nathaniel SCOTT, Plaintiff, v. UNIVERSAL FIDELITY CORPORATION, and Terry W. Simonds, Defendants. No. 98 C 3659. United States District Court, N.D. Illinois, Eastern Division. March 19, 1999. Daniel A. Edelman, Edelman & Combs, Chicago, IL, for plaintiff. John Michael Hynes, Clausen Miller P.C., Chicago, IL, for defendants. MEMORANDUM OPINION AND ORDER KEYS, United S...
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OPINION & ORDER Background The history of this case is found in TriStar Pictures, Inc. v. Unger, 14 F.Supp.2d 339 (S.D.N.Y.1998). Only those facts needed to resolve the present dispute are set forth herein. Plaintiffs, Columbia Pictures Industries, Inc. (“Columbia”) and Academy Pictures A.G. (“Academy”) (collectively, “Plaintiffs”) brought an action for tradem...
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ORDER AND MEMORANDUM ORDER AND NOW, to wit, this 16th day of March, 1999, upon consideration of plaintiffs Motion for Relief from Voluntary Dismissal under Federal Rule of Civil Procedure 60(b) (Document No. 16, filed January 13, 1999), and the related submissions of the parties, IT IS ORDERED, for the reasons set forth in the following Memorandum, that Plaintiffs Motion for Relief from Volun...
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42 F. Supp. 2d 523 (1999) UNITED STATES of America v. Charles S. MACK, Defendant. Criminal Action No. 98-308. United States District Court, E.D. Pennsylvania. March 19, 1999. *524 Patrick C. Askin, United States Attorney's Office, Philadelphia, PA, for plaintiff. Mark Wilson, Federal Defender Association, Philadelphia, PA, for defendant. MEMORANDUM & ORDER KATZ, Senior District Judge. Charle...
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MEMORANDUM OPINION and ORDER This matter is before the Court on Motion to Dismiss (Doc.10) filed by individual *1317defendants, Joanne Otto and Jimmy Lam-ber, pursuant to F.R.Civ.P. 12(b)(6). Plaintiff brought suit pro se and in forma pauperis against Lee Jeans Wrangler (VF Corporation) in its capacity as her employer and against Joanne Otto and Jimmy Lamber in their individual capacities. The i...
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OPINION & ORDER BACKGROUND This opinion emanates from the voluntary settlement of an action commenced by *398 the United States of America against, inter alia, the International Brotherhood of Teamsters (“IBT” or “the union”) and the IBT’s General Executive Board (“GEB”). The settlement is embodied in the voluntary consent order entered March 14, 1989 ...
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ORDER GRANTING MOTION FOR RECONSIDERATION AND AFFIRMING OPINION AND ORDER OF NOVEMBER 20,1998 I. Introduction Defendant Southwest Marine (SWM) brings a motion to reconsider this Court’s Opinion and Order of November 20, 1998. 1 That Order denied SWM’s motion in limine seeking to preclude potential imposition of civil penalties for alleged violations of the Clean Water Act....
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RULING ON MOTIONS FOR SUMMARY JUDGMENT This matter is before the court on motions for summary judgment submitted by both the plaintiffs 1 and defendants 2 and a motion to dismiss by the defendants which *749 was converted into a motion for summary judgment by the court. There is no need for oral argument. Jurisdiction is based on federal question jurisdi...
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42 F. Supp. 2d 919 (1999) Joyce TOVEY, Plaintiff, v. The PRUDENTIAL INS. CO. OF AMERICA, and Specialized Support Services, Inc., Defendants. No. 98-6194-CV-SJ-1. United States District Court, W.D. Missouri, St. Joseph Division. March 11, 1999. *920 Creath S. Thorne, Morton, Reed & Counts, St. Joseph, MO, for plaintiff. Richard J. Pautler, Thompson Coburn, St. Louis, MO, for defendants. ORDER...
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MEMORANDUM OPINION AND ORDER Pending before the Court are cross-motions for summary judgment. Both parties argue that they are entitled to judgment as a matter of law because no genuine issue of material fact exists as to whether the defendants, trustees of the United Mine Workers of America’s (UMWA) 1974 Pension Plan (Pension Plan), abused their discretion in denying the plaintiff, Robert Lester...
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MEMORANDUM OPINION AND ORDER In an earlier opinion, PrimeCo Personal Communications, L.P. v. Village of Fox Lake, 26 F.Supp.2d 1052 (N.D.Ill.1998) (“Pn- meCo I ”), this Court held that the Village’s decision denying PrimeCo’s application for a special use permit violated the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B)(iii). We remanded the case to th...
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*758 ORDER I. PROCEDURAL HISTORY Plaintiffs, Margie Elsaas and Lillian Stuck, sue their employer, Placer County District Attorney’s Office, (“the County”) and their local union (“the Union”). Plaintiffs claim that the County wrongfully demoted them in October of 1997 because they were identified as witnesses who would substantiate claims in a sexual harassment case ...
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42 F. Supp. 2d 810 (1999) DAROVEC MARKETING GROUP, INC., an Illinois corporation, Joseph M. Darovec, and Heather L. Harrington, Plaintiffs, v. BIO-GENICS, INC., a Utah corporation, d/b/a E'ola International, and Fred Rogers, Defendants. No. 98 C 2008. United States District Court, N.D. Illinois, Eastern Division. March 16, 1999. *811 *812 *813 George Charles Ellison, Erik W. Nielsen, Ellison &...
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MEMORANDUM OPINION AND ORDER In Jaffee v. Redmond, 518 U.S. 1, 14, 116 S.Ct. 1923, 135 L.Ed.2d 337 (1996), the Supreme Court held that “confidential communications between a licensed psychotherapist and her patients in the course of diagnosis or treatment are protected from compelled disclosure under Rule 501 of the Federal Rules of Evidence.” While recognizing the existence of the privilege, t...
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42 F. Supp. 2d 797 (1999) Lori PETTIT, on behalf of herself and all others similarly situated, Plaintiff, v. RETRIEVAL MASTERS CREDITORS BUREAU, INC. and Russell Fuchs, Defendants. No. 98 C 1154. United States District Court, N.D. Illinois, Eastern Division. March 10, 1999. *798 Cathleen M. Combs, Daniel A. Edelman, James O. Latturner, Ignacio Daniel Maramba, Edelman & Combs, Chicago, IL, Cha...
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OPINION The Court has before it the following: (1) Motion of all Defendants, except the United States (the “Butcher Defendants”), for reconsideration of the Court’s Opinion and Order dated December 14, 1998; (2) the Butcher Defendants’ supplemental motion for reconsideration of the Court’s December 14, 1998, Opinion and Order; (3) the United States’ Motion to Alter or Amend or at Least to Clari...
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ORDER Plaintiffs have brought a wage and hour claim against Defendants under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, et seq. Plaintiffs are current and former sheriffs deputies, dispatchers, and jailers with the Stone County; Missouri Sheriffs Department. These Plaintiffs have sued the Stone County Commission, current Commissioners Tony DeLong and Alden Hembree, former Commi...
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MEMORANDUM AND ORDER This matter comes before the Court on plaintiffs’ Motion For Partial Judgment On The Pleadings On [Defendants’] Accounting Claim And On All Claims Against Manoj And Ritu Jain (Doc. # 345) filed September 17, 1998; plaintiffs’ Motion To Reconsider Court’s Decision On Choice Of Law (Doc. # 378) filed October 13, 1998; plaintiffs’ Motion F...
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ORDER The private plaintiffs in the above styled and numbered cause and the United States have moved for an injunction to prohibit the defendant Board of Trustees of State Institutions of Higher Learning (the Board) from expanding the academic program offerings at the University of Southern Mississippi-Gulf Coast (USMGC) to include lower division courses which would, in effect, make the Gulf ...
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MEMORANDUM Braun sued Abbott and NP Medical for infringement of U.S. Patent No. 4,683,916. Defendants denied infringement and alleged that the Braun patent was invalid. In addition, defendants asserted as affirmative defenses patent misuse, equitable estoppel and implied license. Incorporating the allegations of their affirmative defenses, they also filed a counterclaim for declaratory judgme...
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MEMORANDUM & ORDER Plaintiff Brent Fitzpatrick alleges that his termination by defendant Pennsylvania Department of Transportation (PennDOT) and by a PennDOT County Manager, Carl *633 Tosi, was in violation of various federal and state laws. Before the court is defendants’ motion to dismiss the amended complaint. Factual Background 1 As a result o...
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MEMORANDUM OPINION AND ORDER Rhamsis Farid Ghaly, a resident of Illinois and a citizen of Egypt, brought this *831action pursuant to the Administrative Procedure Act alleging that he was unable to legalize his residency in the United States because of false and malicious evidence of marriage fraud obtained by defendants, their officers, agents, and employees. Defendants move to dismiss the comp...
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MEMORANDUM OPINION AND ORDER As we near the Twenty-First Century, the media has focused on many potential Y2K problems. This focus will inevitably lead to much litigation, see, e.g., Jack E. Brown, Portents of the Year 2000 Computer Problem, 15 Santa Clara Computer & High Tech. L.J. 109, 116-21 (Jan.1999), which the courts will need to determine is mer...
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MEMORANDUM OPINION AND ORDER Plaintiff Hansen Brothers Construction (“Hansen Brothers”) filed suit against the International Union of Operating Engineers, Local No. 150 Assistance Fund (“Local 150 Fund”), and the International Union of Operating Engineers, Local Union No. 150 (“Local 150”), under the Federal Arbitration Act, 9 U.S.C. § 10, and Section 301 of the Labor Management Relat...
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MEMORANDUM REGARDING DEFENDANT’S MOTIONS TO DISMISS AND TO ENJOIN FURTHER LAWSUITS I. INTRODUCTION Plaintiff is a convicted felon prohibited by the Gun Control Act of 1968(GCA), 18 U.S.C. §§ 921-930, from possessing firearms and ammunition in or affecting interstate commerce. Plaintiff would like to possess certain items that in the ordinary vernacular could be called “ammunition,” but that might...
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ORDER AND REASONS Before the Court is an -appeal from the decision of the Bankruptcy Court sustaining the trustee’s objections to the claim of appellant, Ruth Biery. In an order disallowing Biery’s claim entered on May 11, 1998, the Bankruptcy Court found that Biery’s claim should be disallowed because it had prescribed. Biery appealed to this Court arguing that: 1) the Bankruptcy Court lacked ...
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MEMORANDUM AND ORDER This action involves claims of gender and pregnancy discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., N.Y. Human Rights Law § 296 and Title 8 of the Administrative Code of the City of New York. By letter memorandum dated January 15, 1999, plaintiff Shari Fields-D’Arpino seeks an order disqualifying the ...
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MEMORANDUM OPINION AND ORDER The issue on appeal in this bankruptcy case is whether the bankruptcy court abused its discretion in granting the appellee, Citibank F.S.B. [“Citibank”], a retroactive annulment of the automatic stay pursuant to 11 U.S.C. § 362(d). For the following reasons, the decision of the bankruptcy court is affirmed. Background Appellant Dorsey Christian, Jr. filed fo...
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OPINION Plaintiffs bring this suit seeking an audit of Steven Scott Enterprises, Inc.’s (“Steven Scott”) payroll records from 1992 to 1994 to assess whether Steven Scott has made full and fair contributions to the Pension Fund. In lieu of an answer, Steven Scott has brought .this motion to dismiss or, in the alternative, a motion for summary judgment claiming that plaintiffs are bound...
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ORDER DENYING DEFENDANTS’ MOTION FOR SANCTION OF DISMISSAL AND GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Plaintiff Gemisys Corporation (Gemisys) asserts trade secret, copyright infringement, unfair competition, and breach of contract claims against Defendants Phoenix American, Inc., Phoenix Leasing, Inc., and Resource/Phoenix, Inc. (collectively, Phoenix) in connection with Phoenix’s devel...
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*314 MEMORANDUM DECISION In this patent infringement case, defendants move to dismiss the complaint or to transfer the action pursuant to Fedei-al Rule of Civil Procedure 12(b)(3) for improper venue. For the reasons stated below, the motion is granted and the complaint is dismissed without prejudice to refiling in any district where venue would be proper. BACKGROUND ...
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36 F. Supp. 2d 1068 (1999) Mark W. WILKE, Plaintiff, v. BOB'S ROUTE 53 SHELL STATION and Northern Service Centers, Inc., Defendants. No. 97 C 5787. United States District Court, N.D. Illinois, Eastern Division. March 12, 1999. *1069 *1070 Malik R. Diab, Lovell, White & Durrant, Chicago, IL, for Mark W. Wilke. Mark W. Wilke, Bolingbrook, IL, pro se. John Vernon Schrock, Phelan, Egan & Nola...
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*1328 MEMORANDUM OPINION I. INTRODUCTION This case is before the court on a Motion for Summary Judgment filed by Defendant Boys & Girls Clubs of America, Inc. on January 6, 1999, and a Motion for Summary Judgment filed by Defendant Boys and Girls Club of Greater Lee County, Inc. on January 7, 1999. For the reasons to be discussed, both motions are due ...
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MEMORANDUM Now before the Court are two Motions to Dismiss, or, in the alternative, for Summary Judgment. The motion filed by Howard County, Maryland seeks dismissal of all counts in the Complaint, both state and federal. The individual defendants, Howard County Police Officers Jacob Bell and Duane Pierce, have moved to dismiss only the state law claims against them. For th...
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MEMORANDUM OPINION This is a case brought by or on behalf of a number of students at the Westminster High School in Carroll County, Maryland, who were suspended from extracurricular activities, but not from school attendance, for their alleged violation of a school policy, as set forth in the Westminster High School Student-Parent Handbook from 1998-99, providing in relevant part that: “Stude...
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OPINION This case involves the efforts of the Plaintiffs, Robert and Mary Lentz (collectively, “the Lentzes”), to obtain monetary damages and reimbursement for clean-up costs resulting from the alleged disposal of remnants, or “end cuts,” of torpedo tubes on the Lentzes’ Williamstown, New Jersey property (the “Property”). 1 The Lentzes seek to recover *737 these co...
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OPINION This case arises from the tragic death, in the offshore waters of Puerto Rico, of Natalie Calhoun, the minor daughter of Lucien B. Calhoun and Robin L. Calhoun. In the summer of 1989, Natalie, twelve, who lived with her parents in Pennsylvania, went on a vacation trip to Puerto Rico with a friend and her friend’s parents. During their stay at a resort hotel, Natalie rented a “Wave...
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42 F. Supp. 2d 527 (1999) Tyra D. BLAIN, Plaintiff, v. BELL ATLANTIC OF PA., Defendant. No. CIV. A. 98-2122. United States District Court, E.D. Pennsylvania. March 22, 1999. *528 Richard B. Moore, Philadelphia, PA, for Tyra D. Blain, Plaintiff. Tyra D. Blain, Philadelphia, PA, pro se. Lynne Delanty Spencer, Mary Minehan Mc Kenzie, Bell Atlantic Network Services, Inc., Philadelphia, PA, Harry T. J...
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OPINION This matter comes before the Court on a motion to dismiss filed by defendants The Harvard Professional Group and Joseph Kran, Jr. (“defendants”). The Court has decided the matter pursuant to Rule 78 of the Federal Rules of Civil Procedure. For the reasons stated herein, the Court will grant defendants’ motion to dismiss. *181BACKGROUND In October 1996, plaintiff Bernard Haldane Associat...
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ORDER GRANTING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION The court heard Plaintiffs Motion on March 15, 1999. David F. Simons, Esq., and Elizabeth B. Croom, Esq., appeared at the hearing on behalf of Plaintiff; Kenneth S. Robbins, Esq., and Charla J.H. Murakami, Esq., appeared at the hearing on behalf of Defendant North Hawaii Community Hospital,' Inc.; David Suzuki, Esq., appeared at the...
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51 F.Supp.2d 883 (1999) Donald FISHER, Plaintiff, v. ILLINOIS DEPARTMENT OF CORRECTIONS, Defendant. No. 98 C 707. United States District Court, N.D. Illinois, Eastern Division. March 5, 1999. *884 Harold E. Collins, Michael Raymond Collins, George K. Katsoudas, Collins & Collins, Chicago, IL, for Donald Fisher, plaintiff. Paul J. Ciastko, Sean F. Taylor, Illinois Attorney General's Office, Ch...
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MEMORANDUM OPINION AND ORDER Plaintiff George Lamas filed suit against the defendant Freeman Decorating Company (“Freeman”) under the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”). Mr. Lamas alleges race discrimination (Count I) and retaliation (Count II). Jurisdiction in this ease is based on 28 U.S.C. §§ 1331 and 1343. Freeman moves to dism...
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MEMORANDUM OPINION AND ORDER The plaintiff, Donald Beason (“plaintiff’ or “Beason”), brings this action against his employer, United Technologies Corporation, Hamilton Standard Division (“defendant” or “Hamilton Standard”), asserting claims for violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq., and the Connecticut Fair Employment Practices Ac...
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ORDER This matter is before the Court on several motions. The rulings are as follows: (1) the Amended Motion for New Trial filed by Defendant, Carlos Curry, on October 13, 1998, is DENIED; (2) Christopher Epison’s Rule 33 Motion for New Trial, filed on October 26, 1998, is DENIED; (3) the Second Amended Motion for New Trial filed by Defendant, Larry Martin, on October 23, 1998, is DENIED; (4) t...
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MEMORANDUM OPINION The plaintiff in this case is a law firm that is defending two former officials of the Town of Delaware, New York (the “Town”), in other litigation before this Court relating to a land use controversy. Plaintiff, as assignee of the Town’s claim against its carrier, sues for certain of the costs of defense. The fundamental issue is whether pretrial rulings in the land use case...
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OPINION The principal questions in this case are whether the Railway Labor Act preempts a state cause of action by FELA attorneys to enjoin a railroad’s disciplinary hearings and whether the attorneys should be enjoined from so interfering with the hearings. I find that the state cause of action is preempted and that injunctive relief should be granted. I. Facts. A. Background. The plaintiff,...
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42 F. Supp. 2d 1369 (1999) RAILCAR, LTD., Plaintiff, v. SOUTHERN ILLINOIS RAILCAR COMPANY, Defendant. Civil Action No. 1:97-CV-3772-JTC. United States District Court, N.D. Georgia, Atlanta Division. March 23, 1999. *1370 Leticia D. Alfonso, Kevin R. Armbruster, Cushing Morris Armbruster & Jones, Atlanta, GA, for plaintiff. *1371 William J. Holley, II, Parker Hudson Rainer & Dobbs, Atlanta...
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MEMORANDUM OPINION AND ORDER Plaintiff Promatek Industries Ltd. has filed a nine-count amended complaint against defendants Equitrae Corporation (“Equit-rac”), New Age Hydro Development, Ltd. d/b/a/ Infortext Group, and Chris Wyszkow-ski, alleging antitrust violations and deceptive trade practices. Specifically, plaintiff alleges violations of the Clayton and Sherman Act (Counts I, II, and III)...
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MEMORANDUM OPINION AND ORDER Plaintiff Michael Clark filed a class action complaint against defendant Retrieval Masters Creditors Bureau, Inc. (“RMCB”), doing business as American Medical Collection Agency (“AMCA”), alleging violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Mr. Clark moves for class certification. RMCB opposes class certification and moves...
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MEMORANDUM Plaintiff William Tannebaum was severely and permanently injured in a work-related forklift accident. He and his wife have filed a products liability action based on Maryland law in this diversity case. Defendant, the successor to the manufacturer of the forklift at issue, has moved to exclude the testimony of plaintiffs’ expert (a second expert was withdrawn) and for summary judgmen...
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MEMORANDUM OPINION AND ORDER REGARDING DEFENDANTS’ POST-TRIAL MOTIONS TABLE OF CONTENTS I. BACKGROUND.1076 II. LEGAL ANALYSIS..• 1078 A. The Motions For Judgment Of Acquittal .1078 1. Standards applicable to motions for judgment of acquittal.1078 2. Sufficiency of the evidence.1079 B. The Motions For New Trial.1081 ...
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43 F. Supp. 2d 1058 (1999) Jay GUNDERSON, Roslyn Gunderson, et al., Plaintiffs, v. ADM INVESTOR SERVICES, INC., et al., Defendants. Gary Hoover, Marilyn Hoover, et al., Plaintiffs, v. ADM Investor Services, Inc., et al., Defendants. Nos. C96-3148-MWB, C96-3151-MWB. United States District Court, N.D. Iowa, Central Division. March 22, 1999. *1059 Joel J. Bellows, Laurel G. Bellows, Nicholas P. Iava...
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ORDER This matter came on for hearing on December 18, 1998, on Defendants’ motion to dismiss or in the alternative for summary judgment. The court has jurisdiction over the matter pursuant to 28 U.S.C. §§ 1331, 1337, 1343, and 1346. All parties are in agreement that the motion to dismiss should be treated as a motion for summary judgment. Upon consideration of the arguments, the briefs, and the...
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Opinion I. At the sentencing hearing for defendant Samuel Patrick on January 29, 1999, a set of interpretive issues emerged that could not be resolved immediately. The court recessed the hearing, allowed time for filing of additional submissions, and gave notice that it would issue provisional rulings on these issues to invite further responses from the parties before again convening the recessed...
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44 F.Supp.2d 81 (1999) FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. Summer GLADSTONE, Anthony F. Delapa, A. James Derderian, Alfred Gladstone, Charles H. Turner, III, David Ean Coleridge, an interested Underwriter at Lloyd's London, individually, and on behalf of all the other interested underwriters at Lloyd's London, who have subscribed to Savings and Loan Blanket Bond No. 834/FB890701,...
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MEMORANDUM OPINION AND ORDER Gregorio Diaz brought this action against Janet Reno, Attorney General of the United States, and Brian Perryman, District Director of the Immigration and Naturalization Service (“INS”), alleging that he was wrongfully placed by the INS in expedited removal proceedings and deported to Mexico. Mr. Diaz is suing the defendants in their official capacities only. The d...
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MEMORANDUM OPINION AND ORDER Petitioner Nolen Chambers filed a 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus challenging his conviction for murder and attempted armed robbery. For the following reasons, the petition is denied. Background Following a jury trial in the Circuit Court of Cook County, Illinois, Mr. Chambers was convicted of murder and attempted armed robbery. On Decemb...
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MEMORANDUM AND ORDER Pending before the court is Defendant’s motion for summary judgment (filing 13). After consideration of Defendant’s motion and the evidence submitted in support of and in opposition to the motion, the court finds summary judgment should be granted and Plaintiffs complaint will be dismissed. *798 BACKGROUND This is a pregnancy discrimination action p...
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OPINION AND ORDER The matters before the court are the petition of the defendant, Martin Temple-ton Stockdale, for habeas corpus relief under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence (# 170) and Stock-dale’s motion for the appointment of counsel (# 174). BACKGROUND A search warrant was executed at a marijuana growing farm in Estacada, Oregon on January 19, 1990. As a r...
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MEMORANDUM OPINION AND ORDER The parties to this case have filed cross-motions for summary judgment. Plaintiffs, Francis L. Miller, Jr. and Ruby F. Miller (sometimes “the Millers”), contend that they are entitled as a matter of law to recover federal income tax and interest erroneously assessed and collected for the tax year ended December 31, 1993. They argue that the passive activit...
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ORDER REGARDING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION TABLE OF CONTENTS I. BACKGROUND.1167 A. The Underlying Offense, Conviction, And Petition.1167 B. The Report and Recommendation.1167 C. Wanatee’s Objections.1168 II. LEGAL ANALYSIS.1169 A. Standard Of Review .1169 B. The Ineffective Assistance Claim ...
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OPINION The matters before the court are the motions for summary judgment against plaintiff Norma Jean Ferguson (# 50) and plaintiff Randy Rice (# 55) filed by defendants United Parcel Service General Services Co. and II Morrow, Inc. pursuant to Fed.R.Civ.P. 56, and the joinder in the co-defendants’ motions for summary judgment against the plaintiffs filed by defendant Motorola, Inc. (# 64), which...
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MEMORANDUM OPINION AND ORDER This matter comes before the court on appeal from a series of decisions of the United States Bankruptcy Court for the Northern District of Illinois. The Appellants assert that the Bankruptcy Court (1) ■ erred in allowing the Appellee a superpri-ority administration claim for fees and expenses incurred in connection with an adversary proceeding brought against the Ap...
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MEMORANDUM OPINION AND ORDER Reliance Insurance sued Shriver, Inc. in this diversity suit, alleging that Shriver owes it money for premiums on an insurance policy issued by the Home State Insurance Group on Reliance paper to Shri-ver’s client the Robinson Bus Company. Shriver has filed a motion for summary judgment, which we grant for the reasons stated below. HISTORY Shrive...
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51 F. Supp. 2d 1057 (1999) Suzanne DECK, Plaintiff, v. AMERICAN HAWAII CRUISES, INC., Defendant. No. 1:98CV00002. United States District Court, D. Hawaii. January 15, 1999. *1058 Michael K. Livingston, Davis & Levin, Honolulu, HI, for Suzanne Deck, an individual, plaintiff. John R. Lacy, Normand R. Lezy, Goodsill Anderson Quinn & Stifel, Honolulu, HI, Jeff N. Miyashiro, Watanabe Ing &...
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ORDER GRANTING MOTION FOR CLASS CERTIFICATION On February 2, 1998, the plaintiff, Derek Dujanovic, filed a class action complaint commencing this action against MortgageAmeri-ca, Inc. (“MortgageAmerica”), a company in the business of extending mortgage credit. A motion for class certification was subsequently filed and the Court conducted a hearing on plaintiffs request for class certification ...
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42 F.Supp.2d 1046 (1999) David M. ABBOTT, et al., Plaintiffs, v. KIDDER PEABODY & CO., INCORPORATED, et al., Defendants. No. Civ.A. 93-S-1709. United States District Court, D. Colorado. March 19, 1999. *1047 Laurence Jackson, Christa & Jackson, Los Angeles, CA, Layn R. Phillips, David Siegel, Irell & Manella, L.L.P., Los Angeles, CA, for plaintiffs. Anne B. Frick, Jacobs, Chase, Frick...
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ORDER This matter is before the court on defendants’ motions for summary judgment. Based on a review of the file, record, and proceedings herein, and for the reasons stated, the court grants defendants’ motions. BACKGROUND In 1987, plaintiff Claryce Graham began working as a graphics coordinator for defendant Rosemount, Inc. at its facility in Eden Prairie, Minnesota. In Minneso...
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MEMORANDUM BACKGROUND-. On March 25, 1997, plaintiff Woodwind Estates, Ltd., initiated this action with the filing of a complaint alleging that defendants unlawfully denied an application for a planned real estate subdivision because the potential tenants would be low-income families, most of them minorities. Woodwind brought claims under 42 U.S.C. §§ 1983 (Count I), 1981 (Co...
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OPINION AND ORDER This matter having come before the Court on the motion of the plaintiffs Century-ML Cable Corporation and Century-ML Cable Venture (collectively, “plaintiffs” or “Cable TV”) requesting an award of monetary damages, costs and reasonable attorneys’ fees incurred in prosecuting this action against defendant Edwin F. Carrillo Díaz, and the Court having considered the sub...
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MEMORANDUM OPINION AND ORDER In this case, plaintiff Sunquest Information Systems, Inc. filed a nine-count complaint against defendants Compucare Company and Dean Witter Reynolds, Inc., alleging that both defendants are liable to it as a result of misconduct arising out of Sunquest’s acquisition of Antrim Corporation, a former subsidiary of Compucare that markets medical software. Pla...
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DECISION AND ORDER The parties in this case dispute the coverage of a legal malpractice insurance policy issued by the Twin City Fire Insurance Company (“defendant”) to W. Kenneth O’Donnell, Edward E.V. D’Agostino and D’Agostino & O’Donnell (“plaintiffs”). Plaintiffs have been sued by their former client Dawn Panciera nee Cornwell (“Panciera”) in Rhode Island Superior Court, and they...
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DECISION AND ORDER This case is before the Court for decision following a bench trial. Plaintiff United States of America (“United States”) seeks the forfeiture pursuant to 21 U.S.C. § 881(a)(6) of defendant real estate located at 352 Northup Street in Cranston, Rhode Island (the “Property”). The United States alleges that the Property was purchased with the cash proceeds of illegal narcotics...
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42 F.Supp.2d 1219 (1999) George LUJAN and John Gurule, Plaintiffs, v. EARTHGRAINS BAKING COMPANIES, INC., Robert Pratt, Dennis Smith, and John Does I-V, Defendants. No. Civ 98-1191 BB/LFG. United States District Court, D. New Mexico. March 2, 1999. Patrick R. Brito, Santa Fe, NM, for plaintiffs. Henry M. Bohnhoff, Mary Keleher Castle, Rodey Law Firm, Albuquerque, NM, Terry Allbrooks, Watrous &...
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44 F.Supp.2d 1030 (1999) UNITED STATES of America, Plaintiff, v. Rex G. WHEELER, Defendant. No. 4:98CR3044. United States District Court, D. Nebraska. March 22, 1999. *1031 Alan L. Everett, Assistant United States Attorney, Lincoln, NE, for plaintiff. Steven E. Achelpohl, Omaha, NE, for defendant. MEMORANDUM AND ORDER KOPF, District Judge. When does a river channel cease to become a part of the ...
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MEMORANDUM Before the Court are two dispositive motions: Defendants’ Motion to Dismiss pursuant to Rulé 12(b)(6) of the Federal Rules of Civil Procedure, and Plaintiffs’ corresponding Motion for Summary Judgment pursuant to Rule 56. For the reasons that follow, the Plaintiffs’ motion is granted and the Defendants’ motion is denied. BACKGROUND This case was brought following the issuance o...
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MEMORANDUM Petitioner Albert Agha Ngwana appeals the United States Immigration and Natu *320 ralization Service’s (“INS”) denial of his application for naturalization as a citizen of the United States. Respondents the Attorney General of the United States and the District Director of INS have filed a motion to dismiss or, in the alternative, to hold the case in abeyance. For the reasons state...
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MEMORANDUM OPINION Presently pending before the Court are four motions for summary judgment: (1) a Motion for Summary Judgment (Paper 47) and Supplement (Paper 64) filed on behalf of defendants, LOB, Inc. (“LOB”) and John Rommel (“Rommel”), members of the Lions Gate Joint Venture, (2) a Motion for Joinder in Motion for Summary Judgment or Alternatively, Motion for Partial Summary Judgment (Pa...
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MEMORANDUM Plaintiff, an inmate at the Roxbury Correctional Institution, has brought this action against several correctional officers under 42 U.S.C. § 1983. Discovery has been completed, and defendants have filed *439 a motion for summary judgment. The motion will be denied. Plaintiff asserts that he was the victim of an unprovoked assault. According to plaintiff (whose deposition testimo...
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INTERIM REMEDIAL ORDER 1. Introduction The essential controversy of the above-styled consolidated cases is whether The Detroit Edison Company (“Edison”) violated the federal Clean Air Act (“CAA”), as well as applicable state and county law, when it chose not to obtain environmental permitting before restarting and operating its coal-fired Connors Creek Power Plant (“the Plant”), which is lo...
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45 F. Supp. 2d 584 (1999) Everett HADIX, et al., Plaintiffs, v. Perry M. JOHNSON, et al., Defendants. No. 80-73581. United States District Court, E.D. Michigan, Southern Division. March 18, 1999. Neal Bush, Detroit, MI, Jeanne E. Mirer, Roy, Shecter, Bloomfield Hills, MI, Larry W. Bennett, Cox, Hodgman, Troy, MI, Michael J. Barnhart, Detroit, MI, Deborah A. LaBelle, Ann Arbor, MI for Plaintiffs. ...
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MEMORANDUM AND ORDER Pro se petitioner Derrick Morgan’s motion for leave to file a late notice of appeal is before tbe court. For the following reasons, Morgan’s motion is granted. Morgan is also ordered to file an appropriately specific motion for issuance of a certificate of appealability under 28 U.S.C. § 2253 by March 29,1999. If Morgan fails to do so, the court will summarily dec...
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ORDER This cause comes before the Court on Plaintiffs Motion for Final Summary Judgment (Dkt.30) and Defendant’s Opposition (Dkt.47) thereto; and Defendant’s Motion for Summary Judgment (Dkt.39) and Plaintiffs Memorandum (Dkt.48) in opposition thereto; and Plaintiffs Request for Oral Argument (Dkt.37). This is an *1282 action brought by Plaintiff Nolan Wilkes, Jr., as Per...
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OPINION Plaintiffs, Michael Herendeen (“Heren-deen”) and Bradley Breedveld (“Breed-veld”), are employed by the Michigan State Police (“MSP”) as troopers. Heren-deen and Breedveld filed these consolidated actions against the MSP and Colonel Michael Robinson (“Robinson”) alleging “reverse discrimination” in promotional eligibility and consideration for promotions in violation of Title V...
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OPINION Sharon Whitfield (“Whitfield”) filed this complaint against Pathmark Stores, Inc. (“Pathmark”) alleging violations of the *435 Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12111 et seq. (West 1995 & Supp.1996). She alleges she was a qualified individual with a disability and Path-mark discharged her because of her disability. Docket Item (“D.I”) 43, at 1. ...
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MEMORANDUM Plaintiffs, Thurston Mayo and his parents, Rosetta and David Mayo (“the Ma-yos”), have brought this action against defendants Baltimore City Public Schools and its Chief Executive Officer, Dr. Robert Booker (together “BCPS”). 1 The Mayos claim that BCPS violated the Individuals with Disabilities Education Act (“IDEA”), the Rehabilitation Act, 42 U.S.C. § 1983 and Maryland law by fa...
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OPINION AND ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS 1 Oliver French, Jr. (petitioner”), presently confined at the Carson City Regional Facility in Carson City, Michigan, seeks the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his application, filed by David A. Moran of the Michigan State Appellate Defender’s Office, petitioner challenges his...
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OPINION AND ORDER REGARDING THE PARTIES’ CROSS-MOTIONS FOR SUMMARY JUDGMENT/DISMISSAL (IN CASE NO. 79-73931), AND DEFENDANTS’ MOTION (IN CASE NO. 96-75195) TO DISMISS COMPLAINT AND VACATE DECLARATION OF TAKING I. INTRODUCTION This matter is presently before the Court on four dispositive Motions: *764 1) Commodities Export Company and Walter H. Lubienski’s “M...
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Proceedings Under 42 U.S.C. § 1983 1 Before the Magistrate Judge. ORDER 2 Presently pending before the court are two motions for summary judgment filed on behalf of the plaintiffs and the defendant in this case. Tab Numbers 36 and 40. The facts in this case are essentially undisputed and are recounted in some detail hereinafter. 3 *1382 1. Bac...
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43 F. Supp. 2d 658 (1999) Kathryn A. PLOCICA, Individually and on behalf of The estate of Joseph W. Plocica, deceased; Timothy J. Plocica; Craig Plocica; Tanya M. Plocica; and Jennifer L. Plocica, v. NYLCARE OF TEXAS, INC.; Nylcare Health Plans, Inc.; Nylcare Health Plans of the Southwest, Inc., d/b/a Nylcare 65; Lone Star Health Plan, Inc.; Prime Provider Corp. of Texas; Magellan Health Services...
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MEMORANDUM OPINION AND ORDER Before the court is defendants Kuraray Co., Ltd. and Kuraray America, Inc.’s motion for a protective order pursuant to Federal Rule of Civil Procedure 26(c). For the following reasons, the court grants in part and denies in part the motion. I. BACKGROUND Plaintiff Chris-Craft Industrial Products, Inc. (“CCIP”) has filed suit against defendants Kuraray Co., Ltd. (“Kur...
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42 F. Supp. 2d 842 (1999) Michael WILKES, Plaintiff, v. ACCUSTAFF, INC. Defendants. No. 98 C 0465. United States District Court, N.D. Illinois, Eastern Division. March 22, 1999. *843 Jeffrey B. Fawell, Fawell, Fawell & Kavvadias, Wheaton, IL, Timothy A. Armstrong, Armstrong & Armstrong, P.C., Wheaton, IL, for Plaintiff. Mark A. Casciari, Jill Susan Vorobiev, Seyfarth, Shaw, Fairweather &a...
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41 F. Supp. 2d 1362 (1999) Robert Eugene LAMB, individually, James Morris Lefton, individually, Robert C. Lee, individually, and William Gordon Bailey, individually, Plaintiffs, v. TURBINE DESIGNS, INC., Defendant. No. CivA 1:99-CV-24-WBH. United States District Court, N.D. Georgia, Atlanta Division. March 11, 1999. *1363 Donald Ross Andersen, Smith, Howard & Ajax, Atlanta, GA, for plaintiffs...
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MEMORANDUM AND ORDER Pending before the Court are the objections of Plaintiff, The Southland Corporation (“Southland”), to the February 26, 1998 Report and Recommendation of Magistrate Judge Viktor V. Pohorelsky. The Report recommended that this Court deny both Southland’s motion for a preliminary injunction, and Defendant Richard Froe-lich’s (“Froelich”) motion for injunctive relief....
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OPINION The ERISA plan administrator’s decision to discontinue Reagan’s monthly long term disability payments was neither arbitrary nor capricious. Therefore, the Court must affirm his decision. I. BACKGROUND 1 Luther C. Reagan began working for Foreign Credit Insurance Association (“FCIA”) as a senior marketing representative in 1987. As part of its employee be...
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OPINION First, Fourth, and Sixth Amendments. Free press — Rights of privacy' — Fair trial. Competing interests, all to be resolved. But first, let us put them in context. On October 24, 1996, a federal grand jury issued a superseding indictment against Michael R. Martin, William D. Ladd, Management Services of Illinois, Inc., Ronald D. Lowder, and James R. Berger c...
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42 F. Supp. 2d 846 (1999) John CLARK, Plaintiff, v. INSURANCE CAR RENTALS INC. d/b/a Aaron Rent-a-Car, Defendant. Equal Employment Opportunity Commission, Plaintiff, v. Insurance Car Rentals, d/b/a Aaron Rent-a-Car, Defendant. Nos. 98 C 6466, 98 C 8261. United States District Court, N.D. Illinois, Eastern Division. March 25, 1999. John Grover Foreman, Barbara Naretto Petrungaro, Christian G. Spes...
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42 F. Supp. 2d 916 (1999) Annie P. ALLEN, o/b/o Roger L. Landis (Deceased), Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security Defendant. No. 98-0040-CV-W-2-SSA. United States District Court, W.D. Missouri, Western Division. March 2, 1999. *917 Harvey L. McCormick, Kansas City, MO, for Annie P. Allen, Roger L. Landis, plaintiff. James C. Bohling U.S. Attorney's Office, Kansas City, M...
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42 F. Supp. 2d 624 (1999) CSX TRANSPORTATION, INC., Plaintiff, v. MADISON GROUP, INC., et al., Defendants. No. CIV. A. 2:98-0140. United States District Court, S.D. West Virginia, Charleston Division. March 22, 1999. Andrew S. Zettle, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, WV, for plaintiff. Jerry W. Cook, Cook & Cook, Madison, WV, for defendants. MEMORANDUM OPINION AND O...
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41 F. Supp. 2d 625 (1999) Cathy GREINER, Plaintiff, v. COLUMBIA GAS TRANSMISSION CORP., et al., Defendants. Civil Action No. 2:97-1126. United States District Court, S.D. West Virginia, Charleston Division. March 25, 1999. *626 J. Mark Adkins, Timothy C. Bailey, Guy R. Bucci L.C., Charleston, WV, for plaintiff. Mary H. Sanders, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, WV, Amos W...
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45 F. Supp. 2d 722 (1999) LINCOLN BENEFIT LIFE COMPANY, a Nebraska Domestic Insurance Corporation, Plaintiff, v. Robert R. EDWARDS, Defendant. No. 4:95CV3098. United States District Court, D. Nebraska. March 24, 1999. *723 *724 *725 *726 *727 Gary J. Nedved, Keating, O'Gara Law Firm, Lincoln, NE, Terry R. Wittler, Cline, Williams Law Firm, Lincoln, NE, for plaintiff. Rexford H. Caruthers, Hollora...
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JUDGMENT Based upon the record, IT IS ORDERED AND ADJUDGED this action is dismissed. OPINION AND ORDER Plaintiff Columbia River People’s Utility District (“CRPUD”), a People’s Utility District or “PUD” organized under state law, brings this action for declaratory and injunctive relief for alleged antitrust violations against defendant Portland General Electric (“PGE...
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MEMORANDUM OPINION AND ORDER This action was brought originaUy to enjoin prospectively the state defendants from any further construction of a prison within the boundaries of the West Rifle Creek State Wildlife Area (Wildlife Area) or the Rifle Gap State Park (State Park). The complaint originally concerned claims for violations under 42 U.S.C. § 1983 of the Pittman-Robertson Wildlife Restorati...
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*178 MEMORANDUM DECISION Pursuant to Federal Rule of Civil Procedure 56, defendant Jay St. Jacques moves for summary judgment. For the reasons discussed below, defendant’s motion (Document # 16) is GRANTED. BACKGROUND We primarily rely on the facts set forth in defendant’s Local Rule 9(c)l Statement because plaintiff failed to submit a Local Rule 9(c)2 Statement...
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OPINION This appeal is brought under 42 U.S.C. § 405(g), seeking review of the final decision of the Commissioner of Social Security that denied the application of plaintiff, Hector O. Molina, for a period of disability and disability insurance benefits under the Social Security Act. Pursuant to Rule 12(c), Fed.R.Civ.P., plaintiff has moved for judgment on the pleadings [Doc. # 5], asking us to...
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OPINION This is an employment discrimination action brought by plaintiff, Judith Dobrich, against her former employer, the Electric Boat Division of General Dynamics Corporation, in which she claims that she was discriminated against on the basis of her gender, age, and disability, and retaliated against and discharged because of her objection to these practices. She has asserted clai...
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ORDER This action is before the court on Defendants WEALTHY RIVER and PEACE RIVER’s Motion to Dismiss on the grounds of insufficiency of process and insufficiency of service of process. Joined by Defendant China Ocean Shipping (Group) Company (COSCO),, these two in rem Defendants also filed a Motion to Dismiss on the grounds that this court lacks subject matter jurisdiction and...
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MEMORANDUM OPINION and ORDER Came on for consideration the motion of defendant American Airlines, Inc., (“Amer *390 ican”) 1 for summary judgment, and the motion of plaintiffs, James J. Courtney and others similarly situated, for partial summary judgment. The court held a hearing on the motions on January 26, 1999. Having expressed tentative thoughts as to...
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36 F. Supp. 2d 1064 (1999) Carmela A. RIOS, Plaintiff, v. AT & T CORPORATION, a New York corporation, Defendant. No. 97 C 0669. United States District Court, N.D. Illinois, Eastern Division. March 11, 1999. *1065 Carmela A Rios, Chicago, IL, pro se. Eugene K. Hollander, Jill A. Pignotti, The Law Offices of Eugene K. Hollander, Chicago, IL, for plaintiff. Charles Clark Jackson, Allegra R. Rich...
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MEMORANDUM OPINION AND ORDER This case involves the issue of plaintiffs duties under its retrospectively-rated worker’s compensation and general liability insurance policies issued to defendants. Plaintiff Liberty Mutual Insurance Company (“Liberty”) filed this lawsuit to collect outstanding and unpaid insurance premiums allegedly due under those policies. Defendants have filed a second amended ...
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MEMORANDUM AND ORDER Plaintiffs filed a demand for a trial de novo following an adverse decision from an arbitrator to whom the matter was referred by agreement of the parties in accordance with the Court Annexed Arbitration Program pursuant to Local Rule 83.10.1 Presently before the Court is the government’s motion to strike that demand. BACKGROUND Plaintiffs, Caren Myers (“Myers”) and Eu-st...
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ORDER ADOPTING REPORT AND RECOMMENDATION This Court has received the February 24, 1999 Report and Recommendation of Magistrate Judge Michael L. Orenstein, which recommended that the April 23, 1998 Order of Bankruptcy Judge Melanie L. Cyganowski be affirmed in its entirety. Magistrate Judge Orenstein noted in his Report and Recommendation that “[a]ny objections ... must be filed with t...
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ORDER The above-referenced case was referred to Magistrate Judge Carol E. Heckman pursuant to 28 U.S.C. § 636(b)(1)(B), on November 3, 1998. On January 11, 1999, Magistrate Judge Heckman filed a Report and Recommendation, recommending that plaintiffs motion for a preliminary injunction should be denied and removing plaintiffs motion for an expedited hearing from the docket. The Court...
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DECISION AND ORDER In accordance with 28 U.S.C. § 636(c), the parties have consented to have the undersigned conduct all further proceedings in this case, including entry of judgment. Plaintiff initiated this action pursuant to 42 U.S.C. §§ 405(g) and 1395ff(b) seeking judicial review of the final decision of the Secretary of Health and Human Services (the “Secretary”) denying Medicare Part B c...
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DECISION AND ORDER The parties have consented to have the undersigned conduct all further proceedings in this case, including trial and entry of final judgment, in accordance with 28 U.S.C. § 636(c). On February 12, 1996, plaintiffs filed this action pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., seeking money damages for personal injury in the amount of $40...
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OPINION This matter comes before the Court on a motion for partial summary judgment filed by defendant Orion Sales, Inc. (“Orion”). The Court has decided the matter- pursuant to Rule 78 of the Federal Rules of Civil Procedure. For the reasons stated *548 herein, the Court will grant defendant’s motion for partial summary judgment. BACKGROUND On or about February...
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ORDER AND JUDGMENT Pursuant to Fed.R.Civ.P. 58 and for the reasons stated by the court in its memorandum docketed this same day, it is this 25th day of March, 1999 hereby ORDERED AND ADJUDGED that judgment is entered in favor of the plaintiffs; and it is further ORDERED AND ADJUDGED that the defendant’s regulations at 42 C.F.R. §§ 412.22(d) and 412.23(e) are declared to be inval...
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OPINION AND ORDER Invoking the court’s diversity jurisdiction, plaintiff Theodore Rothstein brings this action against defendants Mark C. Carriere, Multi-Media Distributing Co., Inc. (“Multi-Media”), which does business as Leisure Time Entertainment, Inc., and Leisure Time Products, Inc. for malicious prosecution, intentional infliction of emotional distress and prima facie tort. Defendan...
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MEMORANDUM & ORDER Plaintiff Tracy Ticali (“Ticali”) complains that she was discriminated against by her former employer, the Parochial School of Saints Peter and Paul Roman Catholic Parish (the “School”), because she was white, a lay catholic and a native-born non-Hispanic. She alleges that the School schemed to fire the white, lay teachers and replace them with Hispanic teachers, pr...
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*321DECISION AND ORDER Pursuant to 28 U.S.C. § 636(c), the parties in the above captioned matter consent to have the undersigned conduct any and all proceedings including the entry of final judgment (Item 16). Plaintiff commenced this action seeking monetary damages for being exposed to a future risk of harm because he was allegedly exposed to dangerous chemicals while employed in the Corcraft met...
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ORDER AND JUDGMENT Pursuant to Fed.R.Civ.P. 58 and for the reasons stated by the court in its memorandum docketed this same day, it is this 25th day of March 1999 hereby ORDERED and ADJUDGED that judgment is entered in favor of the plaintiff; and further ORDERED as follows: 1. Defendant shall change the effective date of plaintiff Kramer’s competitive service appointment to Sept...
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41 F. Supp. 2d 1366 (1999) Vickey Horton TAPLEY, Plaintiff, v. Darrell COLLINS, William Torrance, Ronnie Dixon, and the City of Vidalia, Georgia Defendants. No. CV 698-38. United States District Court, S.D. Georgia, Statesboro Division. March 26, 1999. *1367 Robert P. Killian, Killian & Boyd, PC, Brunswick, GA, for Vickey Horton Tapley, plaintiffs. Mary Mendel Katz, Chambless, Higdon & Ca...
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MEMORANDUM Before the court is the defendants’ motion for summary judgment. The defendants are Great Bend Borough, New Milford Borough and the Municipal Police Department; and the plaintiff is Charles Martel. The plaintiff filed the above-captioned matter alleging that the defendants violated the plaintiffs rights pursuant to 42 U.S.C. §§ 1983 and 1988. The plaintiffs complaint further alleges ...
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MEMORANDUM BACKGROUND: On August 15, 1997, plaintiff Francis X. Ryan commenced this employment discrimination action against Berwick Industries, Inc. (“Berwick”) and Henry T. Do-herty (“Doherty”) with the filing of a complaint pursuant to the Veterans Reemployment Rights Act (“VRRA”), 38 U.S.C. §§ 4301-4307.1 Plaintiff alleges that on August 15, 1991, defendant Do-herty, former Berwick CEO, t...
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ORDER DENYING THE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This matter is before the Court on Defendant City of Cincinnati’s Motion for Summary Judgment (doc. # 21), pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons set forth below, the Court finds that genuine issues of material fact remain and, therefore, Defendant City of Cincinnati’s Motion for Summary Judgme...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This matter is before the Court on Defendant’s Motion for Summary Judgment (doc. # 11), pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiffs Janet Bruñe and Deanna Ashing filed this suit against their former employer, Defendant BASF Corporation, following their terminations. In their Second Amended Complaint (doc. #...
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42 F. Supp. 2d 477 (1999) UNITED STATES of America v. Janet BIFIELD, Daniel Bifield, Beverly Davis, William McDermott, Thomas Harrison, Robert Sizemore, and Stephen Montgomery, Defendants. United States of America v. Diane Oberley, Defendant. United States of America v. Erica Rowlands, Defendant. Nos. 4:CR-97-0195, 4:CR-96-0312, 4:CR-97-0011. United States District Court, M.D. Pennsylvania. March...
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44 F.Supp.2d 707 (1999) UNITED STATES of America v. John GALICZYNSKI No. CRIM. A. 98-263-1. United States District Court, E.D. Pennsylvania. March 26, 1999. *708 F. Emmett Fitzpatrick, Jr., Nialena Caravasos, F. Emmett Fitzpatrick Law Offices, Philadelphia, PA, Joseph P. Zawrotny, Robert E. Madden, Philadelphia, PA, for John Galiczynski, defendant. Joseph R. Biden, III, Philadelphia, PA, for U.S....
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AMENDED ORDER DENYING PLAINTIFFS’ AMENDED MOTION FOR CLASS CERTIFICATION Before the Court are the Plaintiffs’ Amended Motion for Class Certification, filed *234August 27, 1998; the Defendant’s Response, filed September 4, 1998; the Plaintiffs’ Supplemental Brief in Support, filed September 22, 1998; and the Defendant’s Response to Plaintiffs’ Supplemental Brief, filed September 28, 1998. The Co...
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40 F. Supp. 2d 930 (1999) Vincent GUZMAN, Jr., Plaintiff, v. DENNY'S INC., et al., Defendants. No. C-3-97-345. United States District Court, S.D. Ohio, Western Division. February 4, 1999. *931 Nicholas L. Gerren, Jr., Dayton, OH, Patricia LT Camp, Dayton, OH, for Vincent Guzman, Jr, plaintiff. Teresa D. Jones, Thompson, Hine & Flory, Dayton, OH, for Denny's, Inc, defendants. ORDER DENYING DE...
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ORDER Plaintiff United States Equal Employment Opportunity Commission has sued defendants Rockwell International Corporation (“Rockwell”), Cambridge Industries, Inc. (“Cambridge”) and International Union United Automobile, Aerospace and Agricultural Implement Workers, under Title I of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq. and Title I of the Civil Right...
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44 F.Supp.2d 700 (1999) UNITED STATES of America, v. Frank DeSUMMA. No. CRIM. 98-562-02. United States District Court, E.D. Pennsylvania. March 26, 1999. *701 *702 David Fritchey, Asst. U.S. Atty., Philadelphia, PA, for Plaintiff. Louis Busico, Newton, PA, for Defendant. ORDER AND MEMORANDUM DuBOIS, District Judge. ORDER AND NOW, to wit, this 26th day of March, 1999, upon consideration of defen...
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ORDER This cause comes before the Court on the following: 1. Plaintiffs’ Submissions of Front Pay Calculations for Plaintiffs Agee, Carter, Lee, Stall, and Tuggle Pursuant to the Court’s November 20, 1998, Order (Docket No. 366), filed December 30, 1998; and Defendant’s Memorandum Opposing Plaintiffs Revised Front Pay Reports (Docket No. 370), filed January 19,1999. 2. Plain...
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MEMORANDUM — DECISION & ORDER Plaintiff United States of America (“plaintiff’) commenced an action against defendants pursuant to 26 U.S.C. §§ 7401 and 7403 to reduce tax assessments to judgment against Sheldon Hansel and to set aside certain alleged fraudulent conveyances of stock to Defendants Christy, Grant, Shelley, and Hope Hansel. 1 By Memorandum — Decision & O...
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MEMORANDUM OPINION Pending before the Court are Plaintiffs and Defendant’s Cross-Motions for Summary Judgment. The issue before the Court is whether the plaintiff, Tax Analysts (“TA”), is entitled to enjoin the Internal Revenue Service (“IRS” or “Defendant”) from withholding documents requested under the Freedom of Information Act (FOIA). Upon consideration of the parties’ pleadings a...
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MEMORANDUM-DECISION AND ORDER I. Facts Plaintiff Hunter Douglas, Inc. (“Hunter Douglas”) brings this action against Defendant Comfortex Corporation (“Comfortex”) alleging that Comfortex has infringed Hunter Douglas patents 5,313,999 (the “ ’999 patent”) 1 and 6,631,217 (the “ ’217 patent”). 2 Presently before this Court are parties’ cross-motions for separat...
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MEMORANDUM-DECISION & ORDER Plaintiffs Sheet Metal Division of Capitol District Sheet Metal, Roofing & Air Conditioning Contractors Association, Inc. (“Capitol District Sheet Metal”), Associated Sheet Metal and Roofing Contractors of Connecticut (“Connecticut Sheet Metal”) and Sheet Metal Contractors Association of Northern New Jersey (“New Jersey Sheet Metal”) (collectively “plaintiffs”)...
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MEMORANDUM-DECISION & ORDER I. BACKGROUND A. Facts This case arises from a lease dispute between plaintiffs and defendant-lessee the *160 State University of New York (“SUNY”). The facts are well-known and addressed in TM Park Ave. Assocs. v. Pataki, 986 F.Supp. 96 (N.D.N.Y.1997), familiarity with which is assumed. In brief, in April 1986,...
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45 F. Supp. 2d 33 (1999) Peggy BRUG, Plaintiff, v. NATIONAL COALITION FOR THE HOMELESS, National Coalition for the Homeless Board of Directors, Mary Ann Gleason, Bill Faith, Anita Beaty, Gloria Marti, the United States, and the United States Department of Housing and Urban Development, Defendants. No. CIV.A. 98-504 SSH. United States District Court, District of Columbia. March 19, 1999. *34 *35 D...
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MEMORANDUM AND ORDER I. Background Petitioner Thomas H. Austin (“Austin”) filed a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in this Court on April 12, 1996. A week later, this Court denied Austin’s petition. See Austin v. Vose, No. 96-10690 (D.Mass. Apr.19, 1996). Preparing to appeal to the First Circuit, Austin filed a motion in this Court to proceed in forma pauperis. See PL. Mot. to ...
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43 F. Supp. 2d 186 (1999) Carlos VEGA CASTRO, et al., Plaintiffs, v. Commonwealth of PUERTO RICO, et al., Defendants. No. CIV. 98-1537(DRD). United States District Court, D. Puerto Rico. March 16, 1999. *187 *188 Michael T. Leibig, Zwerdling, Paul, Leibig, Kahn, Thompson & Wolly, PC, Fairfax, VA, Ginoris Vizcarra-Lopez-Lay, Santurce, PR, for plaintiffs. Phillip A. Bradley, Long Aldridge &...
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OPINION AND ORDER Pending before the court is plaintiffs’ Motion to Strike Defendant’s Affirmative Defenses filed on May 27, 1998. (Docket No. 5B). Plaintiffs maintain that defendant’s first, second, third, sixth and eighth affirmative defenses raised in the answer to the complaint should be stricken. On June 19, 1998 defendant United States of America filed an opposition to plaintiffs’ motion....
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42 F. Supp. 2d 113 (1999) William DEGNAN, Jr., Plaintiff, v. PUBLICKER INDUSTRIES, INC., James Weis, Pension Plan of Fenwal Electronics, Inc., and Fenwal Electronics, Inc., Defendants. Civil Action No. 94-12560-WAG. United States District Court, D. Massachusetts. March 19, 1999. *114 *115 Sydelle Pittas, Law Office of Sydelle Pittas, Winchester, MA, for Plaintiff. Thomas E. Shirley, Raymond A. O'...
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45 F.Supp.2d 75 (1999) BIONX IMPLANTS, INC., Bionx Implants, Oy, and Dr. Saul N. Schreiber, Plaintiffs, v. INNOVASIVE DEVICES, INC., Defendant. No. CIV. A. 98-12111-NG. United States District Court, D. Massachusetts. March 16, 1999. Robert J. Muldoon, Jr., Margaret H. Paget, Sherin & Lodgen, Boston, MA, Lynne Darcy, Kenyon & Kenyon, New York City, for plaintiffs. Sarah C. Columbia, Choate...
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ORDER This matter is before the court on appeal from an order of United States Bankrupt Judge A. Thomas Small. The appeal has been fully briefed and is thus ripe for decision. I.BACKGROUND On 24 August 1984 Leonard E. Pierce and Gayle S. Pierce (defendant-appellants or debtors) filed a joint Chapter 7 petition. The United States (plaintiff-appellee) filed an adversary proceeding to object...
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*174 ORDER This matter is before the court on the appeal of George Michael Zeitler (Zeitler or appellant) from a final judgment entered by Unites States Bankruptcy Judge A. Thomas Small on 29 May 1998. The appeal has been briefed and the issues therein are ripe for decision. I. PROCEDURAL BACKGROUND On 29 March 1996 Zeitler filed a chapter 7 bankruptcy petition. Pla...
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33 F.Supp.2d 907 (1999) MILLENNIUM ENTERPRISES, INC., dba Music Millennium and Millennium Music, an Oregon corporation, Plaintiff, v. MILLENNIUM MUSIC, LP, a South Carolina limited partnership; Millennium Music, Inc., a South Carolina corporation, Defendants. No. 98-1058-AA. United States District Court, D. Oregon. January 4, 1999. *908 Darin D. Honn, James C. Loy, Christopher D. Bell, Duncan Hon...
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OPINION AND ORDER Plaintiff pro se Marguerita Dillard sues William Henderson, Postmaster General of the United States Postal Service (“USPS”), 1 pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., for racial discrimination. Henderson moves to dismiss the complaint as barred by res judicata. For the reasons stated below, Henderson’s motion is gr...
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OPINION AND ORDER Raul Romero Bulton moves to suppress evidence of post-arrest telephone calls to his cellular telephone. Bulton is charged with conspiracy to traffic in narcotics, in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(A) and 846. Bulton argues that an agent of the Federal Bureau of Investigation (“FBI”) violated his Fourth Anendment rights by answering his cellular telep...
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*483 MEMORANDUM OF DECISION AND ORDER I. BACKGROUND This is an appeal from a final Order dated August 15, 1996 of United States Bankruptcy Judge Jerome Feller dismissing the chapter 13 proceeding of Debtor Cathy Barnes (the “Debtor” or “Barnes”) and imposing sanctions against Roy Lester, Esq., in the sum of $500. On January 10,1995, Barnes filed for relief under Chapter 7 of the U.S. Ba...
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MEMORANDUM REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Docket No. 16) I. INTRODUCTION Between January 1992 and September 1994, plaintiff entered into four contracts *95 with defendant to purchase or lease a computer software system and various upgrades to it. Plaintiff contends that it paid defendant substantial sums pursuant to these contracts in...
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*575 MEMORANDUM OF DECISION AND ORDER On October 24, 1995, the now-deceased Debtor, Abraham J. Rodolitz (the “Debt- or” or “Rodolitz”) commenced an adversary proceeding in Bankruptcy Court against the defendant-appellee, Bel Canto Fancy Foods, Ltd. (the “appellee” or “Bel Canto”), seeking to recover more than $3 million in damages. The adversary proceeding arose from Bel Cant...
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MEMORANDUM OF DECISION AND ORDER The non-party appellant, Russell A. Weber, Esq. (the “appellant” or “Weber”), appeals from an April 8, 1998 Order of United States Bankruptcy Judge Dorothy D.T. Ei-senberg, sua sponte directing him to disgorge attorney’s fees in the sum of $1,000 to the Debtor, MPM Enterprises, Inc., and permanently barring him from appearing before any Bankruptcy Cour...
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MEMORANDUM OPINION AND ORDER How do we balance our Fourth Amendment rights, which “belong in the catalog of indispensable freedoms,” Brinegar v. United States, 338 U.S. 160, 180, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949) (Jackson, J., dissenting) with our legitimate need to prevent alien and drug smuggling across our borders? As Justice Powell observed: There can be no quest...
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41 F. Supp. 2d 505 (1999) SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. CHESTER HOLDINGS, LTD., et al., Defendants. No. CIV. A. 97-1654 (MTB). United States District Court, D. New Jersey. February 19, 1999. *506 *507 *508 *509 Susan C. Cassell, United States Attorney's Office, Newark, NJ, for S.E.C. Joseph Pignatiello, Coral Springs, FL, pro se. Constance Pignatiello, Coral Springs, FL, pro s...
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MEMORANDUM OF DECISION AND ORDER This matter is on appeal from the October 13, 1996 interlocutory order of the Honorable Dorothy D.T. Eisenberg, United States Bankruptcy Judge for the Eastern District of New York, and the September 6, 1997 Order of this Court granting leave to appeal two novel issues which, apparently, the Second Circuit has not yet resolved, regarding the application...
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OPINION In this case, plaintiff Robert Lederman, an artist and president of the organization Artists’ Response to Illegal State Tactics *262 (“A.R.T.I.S.T.”), was arrested on three separate occasions by police officers employed by defendant New York City Police Department (the “NYPD”). Lederman challenges these arrests on the basis that they were not supported by probable cause. He further ...
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MEMORANDUM REGARDING OBJECTIONS TO REPORT AND RECOMMENDATION ON MOTIONS FOR SUMMARY JUDGMENT (Docket Nos. 32 & 34) I. INTRODUCTION Plaintiff appeals a plan administrator’s decision denying him Long Term Disability benefits. Plaintiff claims that he is entitled to such benefits through a disability plan provided by his employer, Northeast Utilities Service Company (“ÑUS-CO”). As an employer-prov...
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MEMORANDUM OF DECISION AND ORDER This is an appeal from two separate decisions of the United States Bankruptcy Court. The first is a February 9, 1996 decision by United States Bankruptcy Judge Robert John Hall’s holding PSB and John H. Adams, Esq., in civil contempt. The second is a July 15, 1997 decision by United States Bankruptcy Judge Francis G. Conrad granting Pough-keepsie Savings Bank’s,...
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MEMORANDUM OF DECISION AND ORDER I. BACKGROUND This is an appeal by the Appellant Win-dels, Marx, Davies & Ives (‘Windels”) from two Orders of United States Bankruptcy Judge Francis G. Conrad dated May 5,1998 and June 1,1998. The May 5, 1998 Order dismissed with prejudice an involuntary bankruptcy petition (898— 83119-346) filed by Windels against the debtor, Rayna Cuffee (the “D...
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MEMORANDUM OF DECISION AND ORDER The Debtors, Benjamin Moyette d/b/a/ Ben Moyette Construction (“Benjamin Moyette”) and Anna Moyette (“Anna Moyette,” collectively “Moyette” or the “Debtors”), appeal from an oral Order of the United States Bankruptcy Court (Robert John Hall, U.S.B.J.), set forth on the record of July 9, 1996 and subsequently reduced to a written *495 Order...
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MEMORANDUM OF DECISION AND ORDER The pro se plaintiff, David C. Tucker (“Tucker” or the “plaintiff’), initiated two lawsuits, consolidated under Docket Number 96 CV 1098, pursuant to 42 U.S.C. § 1983. In a prior decision, the Court observed that is difficult to discern the grounds for the two lawsuits, which are set forth in nearly verbatim complaints. It appears that Tucker is conten...
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I.INTRODUCTION. 1057 II.STATEMENT OF FACTS. 1058 III. ARGUMENT . 1062 A. Did the Plaintiff Properly Request leave under the FMLA?. 1062 B. Did the Plaintiffs Mother Suffer from a Serious Health Condition? . 1064 C. Did The Plaintiff Prove That The Defendant Retaliated Against Her Became She Took FMLA Leave?. 1065 D. Did the Fail...
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ORDER I.INTRODUCTION The United States instituted this action on September 17, 1996, pursuant to 26 U.S.C. §§ 7401 and 7403, to foreclose federal tax liens on real estate in Woodbury County, Iowa. On February 23, 1998, a judgment for taxes, penalties and interest was entered in favor of the United States and against certain of the defendants, and the real estate was ordered foreclosed and s...
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MEMORANDUM I. INTRODUCTION Plaintiffs, Jenny Grabski, Michael Grin-nage, Richard Grinnage, Oscar Hernandez, Marco Salinas, Jeffrey Sample, Lillian Suarez and Carmen Velazquez (“Plaintiffs” or “marketing representatives”) brought this action against their former employer, defendant Aetna Inc. (“Aetna”) seeking severance and salary continuation benefits. Specifically, plaintiffs advanc...
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MEMORANDUM This is an action for personal injuries alleged to have been sustained by the Plaintiff. It was proceeding to trial in the ordinary course when Defendant, Consolidated Freightways, discovered that Plaintiff brought this action, in his own name, after having filed a petition in bankruptcy. The Defendant has filed a Motion to Dismiss contending that the Plaintiff is not the r...
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MEMORANDUM & ORDER BACKGROUND Zyroon Khan (“Khan” or “Plaintiff”), a black woman, filed this complaint against her employer, Abercrombie & Fitch (“A & F”), alleging that it discriminated against her on the basis of her race and color in violation of *274 Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”), 42 U.S.C. §...
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MEMORANDUM AND ORDER The plaintiff, Chi Chao Yuan, brings this action individually and on behalf of her infant sons, Marc Lui and Derick Lui, pursuant to 42 U.S.C. § 1983 and New York state law, charging that the defendants unlawfully deprived her of custody of her children in violation of her due process, equal protection, and Fourth Amendment rights as well as state law. She also al...
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CLASS ACTION ORDER In 1989, this Court invalidated the United States Veteran Administration’s regulation governing benefits for veterans exposed to Agent Orange during their service in Vietnam. The parties subsequently settled the *1176 remaining remedial issues, and in 1991, this Court incorporated this agreement into the final judgment. Plaintiffs contend, based on rece...
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MEMORANDUM AND ORDER Vernon Green (“Green”) brings this civil rights action pursuant to 42 U.S.C. § 1983 alleging the use of excessive force, false arrest, false imprisonment and malicious prosecution in violation of his Fourth Amendment rights. The complaint also contains state law claims for false arrest, false imprisonment, malicious prosecution, negligence, and assault and battery. By sti...
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*1379 CORRECTED ORDER GRANTING IN PART DEFENDANT’S MOTION FOR REDUCTION OF SENTENCE The Defendant, Manuel Noriega, has filed a motion for reduction of his sentence of 40 years imposed on July 10, 1992. A brief history of the events leading to this motion is in order. On February 4,1988, the indictment giving birth to this case was filed. It charged a number of individuals with several viola...
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43 F. Supp. 2d 685 (1999) Patricia BEAVER, Plaintiff, v. DELTA AIR LINES, INC. Defendant. No. CIV.A.3:97-CV-2673-P. United States District Court, N.D. Texas, Dallas Division. March 23, 1999. *686 Patrick J. Funiciello, Joan M. Durkin, Euless, TX, for Plaintiff. Andrea L. Bowman, Stephen F. Fink, Bryan P. Neal, Dallas, TX, for Defendant. MEMORANDUM OPINION AND ORDER SOLIS, District Judge. Present...
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MEMORANDUM Plaintiff, Shermia Isaacs (“Shermia”), by Stacey Isaacs, her mother and next friend, has brought this action against defendants Board of Education of Howard County, Dr. Michael Hickey, James Evans, Ma-drianne Johnson, and Roger Plunkett, alleging that the defendants have violated her First Amendment free speech rights and her Fourteenth Amendment right to be secure in her person. The...
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42 F. Supp. 2d 856 (1999) Patricia MANSON, Plaintiff, v. LITTLE ROCK NEWSPAPERS, INC. d/b/a Arkansas Democrat-Gazette, Defendant. No. LR-C-97-560. United States District Court, E.D. Arkansas, Western Division. March 9, 1999. *857 G. Randolph Satterfield, Satterfield Law Firm, Jack R. Kearney, Little Rock, for Plaintiff. J. Leon Holmes, John E. Tull, III, Katharine R. Cloud, Williams & Anderso...
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MEMORANDUM Tyrone Hall has brought this action under 28 U.S.C. § 2255. Pursuant to a plea agreement, Hall pled guilty to a one count indictment charging him with possession with intent to distribute crack cocaine. He was sentenced as a career offender to 235 months incarceration. In his § 2255 motion, Hall alleges that his attorney provided ineffective assistance of counsel in two respects: (1) by...
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OPINION AND ORDER Following his conviction on four counts of RICO, RICO conspiracy, conspiracy to distribute heroin, and conspiracy to distribute crack, defendant Gregory Ayala (a/k/a “Greggo”) brings a motion for a judgment of acquittal pursuant to Fed. R.Crim. Pro. 29 or a new trial pursuant to Fed. R.Crim. Pro. 33. In considering a Rule 29 motion to acquit for lack of evidence, the reviewi...
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OPINION AND ORDER This action for personal injuries is before the Court on defendant’s motion to dismiss for lack of personal jurisdiction, pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure. For the reasons stated hereinafter, the motion is granted. BACKGROUND Plaintiff, Edward LeRoy Swindell (“plaintiff’), a resident of New York, brings this action against t...
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45 F. Supp. 2d 19 (1999) Bisrat MEKURIA, et al., Plaintiffs, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant. Civil Action No. 96-866(GK). United States District Court, District of Columbia. March 16, 1999. *20 *21 David A. Super, Jerome T. Tao, Ronald B. Vergnolle, James F.H. Scott, Baker & Botts, Washington, DC, Wendy Kay Luersen Harvel, Willms, Smith & Reynolds, LLP, Austi...
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45 F. Supp. 2d 496 (1999) Diana JACKSON-SPELLS, Plaintiff, v. Ernest P. FRANCIS, Esq., et al., Defendants. No. Civ. AMD 99-330. United States District Court, D. Maryland. March 29, 1999. *497 Clarence Paul Champion, III, Upper Marlboro, MD, for plaintiff. Ernest P. Francis, Arlington, VA, for defendants. MEMORANDUM DAVIS, District Judge. According to the complaint in this case, the plaintiff, Di...
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OPINION AND ORDER This purported class action on behalf of the minority shareholders 1 of Besicorp Group, Inc. (“Besicorp”) is presently before the Court on the motion of plaintiffs James Lichtenberg (“Lichtenberg”) and John Bansbach (“Bansbach”) for a preliminary injunction enjoining violations of the federal securities laws in connection with the issuance of an allegedly ...
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44 F.Supp.2d 34 (1999) BP EXPLORATION & OIL, INC., Plaintiff, v. U.S. DEPARTMENT OF TRANSPORTATION and U.S. Coast Guard, Defendants. No. Civ.A. 97-1206(PLF). United States District Court, District of Columbia. March 26, 1999. *35 Scott Thomas Kragie, Squire Sanders & Dempsey, Washington, DC, for plaintiff. Scott Sutherland Harris, U.S. Attorney's Office, Washington, DC, for defendants. O...
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MEMORANDUM OPINION Plaintiff Commercial Union Insurance Co. (“Commercial”) brings this action for a declaratory judgment with respect to the scope of an ocean cargo policy underwritten on behalf of defendant Marco International Corp. (“Marco”). Marco moves to disqualify Commercial’s counsel in light of her firm’s nominal representation of Marco in an unrelated subrogation suit arising out...
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AMENDED ORDER DENYING PLAINTIFFS’ MOTION TO COMPEL PRODUCTION This matter comes before the Court on a discovery motion by the plaintiffs. The motion presents a question of first impression in California: whether a law firm’s participation in an insurer’s bad faith denial of a claim falls within the crime-fraud exception to the lawyer-client privilege. The Court holds that it do...
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42 F. Supp. 2d 1260 (1999) Angela CASSIDY, Plaintiff, v. WYETH-AYERST LABORATORIES DIVISION OF AMERICAN HOME PRODUCTS CORPORATION, et al., Defendants. Civil Action No. 99-T-114-S. United States District Court, M.D. Alabama, Southern Division. March 26, 1999. *1261 F. Hilton-Green Tomlinson, James G. Henderson, Pritchard, McCall & Jones, Birmingham, AL, George M. Fleming, James L. Doyle, II, R...
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OPINION In this employment case, plaintiff Angelina Siano alleges that defendants unlawfully terminated her employment because of her age. Defendants move for Summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Although plaintiff was seventy-one years old when defendants fired her, she was already sixty-four years old when they hired her. Moreover, defendants...
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OPINION In this case, plaintiff Bridgeway Corporation (“Bridgeway”) seeks to enforce a $189,376.66 judgment rendered in its favor by the Supreme Court of Liberia in Monrovia, Liberia (the “Liberian Judgment”) against defendant Citibank d/b/a Citicorp, N.A. (“Citibank”). 1 For the reasons set *278 forth below, Bridgeway’s motion for summary judgment is denied. F...
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MEMORANDUM OPINION AND ORDER Pending are the parties cross motions for summary judgment pursuant to F.R.Civ.P. 56(c). Also pending is defendants’ motion to strike certain of plaintiffs’ summary judgment exhibits and a number of plaintiffs’ 12(M) statements. For the reasons set forth below, defendants’ motion to strike is granted in part and denied in part. Plaintiffs motion for summar...
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41 F. Supp. 2d 1294 (1999) Rhonda WHITSON, Plaintiff, v. STAFF ACQUISITION, INC., et al., Defendants. No. CIV.A. 98-T-862-N. United States District Court, M.D. Alabama, Northern Division. January 27, 1999. *1295 Julian L. McPhillips, Jr., Karen Sampson Rodgers, McPhillips, Shinbaum & Gill, Montgomery, Al, for plaintiff. Judy B. Van Heest, Beers, Anderson, Jackson, Hughes & Patty, PC, Mont...
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ORDER This matter is before the court on objection to the magistrate judge’s order issued December 4, 1998. Applying 18 U.S.C. 207(a)(1) and 5 C.F.R. 2637.201(d) to the situation involving former AUSA Gordon Campbell’s representation of defendant Carl W. Martin in the trial of the instant case, the magistrate found an impermissible conflict of interest which would prohibit Mr. Campbell from rep...
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MEMORANDUM and ORDER Plaintiff Textile Workers Pension Fund (“Fund”) is a trust fund administered in accordance with an Agreement and Declaration of Trust, as amended and section 302(c)(5) of the Labor Management Relations Act (“LMRA”). The trustees of the Fund are designated by local unions affiliated with the Union of Needletrades Industrial & Textile Employees and employers who hav...
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*511 MEMORANDUM ORDER Plaintiff Dennis Harris, a former prisoner of the State of New York Department of Correctional Services, brings this suit against the City of New York and various City and State officials, alleging that defendants deprived him of his constitutional rights in violation of 42 U.S.C. § 1983 and that he is entitled to damages therefor. Specifically, Harris c...
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DECISION AND ORDER INTRODUCTION Plaintiff Ralph E. Stevenson has filed this pro se action seeking to enjoin the defendants from enforcing the application of the Sex Offender Registration Act (“SORA”), New York Correction Law §§ 168 to 168-v, to him pending the determination of his petition for a writ of habe-as corpus which is presently pending in this Court under civi...
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MEMORANDUM OPINION AND ORDER Although the procedural history of this case is somewhat tortured, it essentially poses a standard contract dispute that arrived in this District Court via removal from the Circuit Court of Cook County on diversity jurisdiction grounds. Each of Hollymatic Corp. (“Hollymatic”) and Daniels Food Equipment, Inc. (“Daniels Food”), in its initial pleadings, alle...
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OPINION On December 1, 1998, defendants Rudolph Giuliani, Mayor of the City of New York, Jason Turner, Administrator of the Human Resources Administration and Commissioner of the Department of Social Services of the City of New York, and Nicholas Scoppetta, Commissioner of the New York City Admin*155istration for Children’s Services (“City defendants”) and the plaintiff class in Marisol A. v. Giu...
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OPINION Defendants have filed a motion for summary judgment. In response, plaintiff has filed an opposition and a request to postpone any ruling on the motion for summary judgment pending further discovery. Pursuant to the Court’s Order of February 24, 1999, defendants submitted a supplemental affidavit. Upon consideration of the papers filed, the Court concludes that defendants have ...
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42 F. Supp. 2d 1344 (1999) Deborah K. BRANDT, et al., Plaintiff, v. The WEATHER CHANNEL, INC., Defendants. No. 98-10060-CIV. United States District Court, S.D. Florida. March 18, 1999. Robert Lamar Bell, Miami, FL, for plaintiffs. Stanley H. Wakshlag, Laura Thomas Rivero, Brian P. Miller, Akerman Senterfitt & Eidson, Miami, FL, for defendant. ORDER DENYING PLAINTIFFS' MOTION TO REMAND AND GRA...
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MEMORANDUM ORDER ON MOTION OF DEFENDANT LARRY E. DuBOIS FOR RECONSIDERATION On September 10, 1998, the court issued a memorandum and order on a motion of the defendant, Commissioner of Corrections Larry DuBois (the “Commissioner”), to dismiss the complaint for failure to state a claim. Carillo v. DuBois, 23 F.Supp.2d 103 (D.Mass.1998) (“Carillo I”). In Carillo I, the court granted the m...
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ORDER This matter came before the Court on Plaintiffs Motion to Compel (#35). The Plaintiff seeks an order from the Court pursuant to Rule 37 of the Federal Rule of Civil Procedure, requiring the Defendant to answer certain interrogatories and certain requests for production of documents. Unfortunately, the Motion to Compel (# 35) is not timely and is therefore denied. BACKGROUND Plaintiff, Dav...
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43 F. Supp. 2d 113 (1999) Jeffrey TUTEIN et al., Plaintiffs, v. William M. DALEY, United States Secretary of Commerce, Defendant. No. CIV.A. 98-11034-MLW. United States District Court, D. Massachusetts. March 17, 1999. *114 David E. Frulla, Brand, Lowell & Ryan, P.C., Washington, DC, H. Reed Witherby, Smith and Duggan LLP, Boston, MA, for Jeffrey Tutein, Dorwin Allen, Raymond Kane, Ronald Mar...
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42 F. Supp. 2d 1222 (1999) NAVAJO NATION, Navajo Agricultural Products Industries, and Allianz Insurance Company, Plaintiffs, v. INTERMOUNTAIN STEEL BUILDINGS, INC., Defendant/Third Party Plaintiff, v. JACOBSON STEEL & ERECTORS, INC., Third Party Defendant. No. CIV-98-767-JP LFG. United States District Court, D. New Mexico. March 26, 1999. *1223 *1224 Michael H. Harbour, Madison, Harbour, Mro...
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41 F. Supp. 2d 576 (1999) NEWLAND MORAN REAL ESTATE, Appellant, v. GREEN CAY PROPERTIES, INC., Inverness Hotel Corporation, Richard Locke and Victoria Locke, and George Hindels, Appellees. Newland Moran Real Estate, Appellant, v. George Hindels, Appellee. D.C. Civ.App. No. 1996/0137. District Court, Virgin Islands, Appellate Division, D. St. Croix. Considered December 11, 1997. Decided March 15, ...
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ORDER Motion to Dismiss Before the court are Defendants’ Motions to Dismiss (#4, 18). Defendants Las Vegas Valley Water District (“Water District”) and Jane Goodrow (hereinafter ‘Water District Defendants”) have filed separately from (#4) and joined in part (#20) the Internal Revenue Service, the United States of America, John Miller, and *1191 T.D. Fairchild (herein...
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42 F. Supp. 2d 1206 (1999) UNITED STATES of America, Plaintiff, v. Rodolfo MACIAS-TREVISO and, Victor Gallegos-Garcia, Defendants. No. CR 98-297 JP. United States District Court, D. New Mexico. January 6, 1999. *1207 *1208 Paul J. Kennedy, Albuquerque, NM, Joe M. Romero, Jr., Romero & Associates, Albuquerque, NM, Richard B. McClarkin, Albuquerque, NM, for Rudolfo Macias-Trevizo, defendant. Ja...
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94 F.Supp.2d 1081 (1999) Joseph A. AMATO, Plaintiff, v. UNITED STATES of America, et al., Defendants. Civ. No. 94-0553-S-BLW. United States District Court, D. Idaho. March 11, 1999. *1082 *1083 Richard E. Weston, Weston & Richardson, Boise, IA, for Joseph A. Amato. Richard R. Ward, William T. Murphy, U.S. Dept. of Justice, Washington, DC, for U.S. Peter J. Boyd, Boise, ID, for Angeline A. Kin...
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OPINION AND ORDER Yafa Jewelry Inc. (“Yafa Jewelry”) sues several underwriters for breach of contract arising out of the underwriters’ refusal to pay benefits allegedly due on a contract of insurance. Pursuant to Fed.R.Civ.P. 56, both parties move for summary judgment. For the reasons stated' below, plaintiffs motion is granted, and defendants’ motion is denied. I. The following...
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OPINION AND ORDER In this employment discrimination action, plaintiff Lewis J. Hart, Jr. (“Hart”) asserts claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq. and the Age Discrimina *398 tion in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq., as well as various state contract and tort claims against the defendants. Defe...
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MEMORANDUM OPINION This unusual application is a motion by a non-party witness who has been subpoe *492 naed to give evidence in a private civil action to hold herself in contempt of court, but not to impose any penalty upon herself, for the stated purpose of attempting to transform a concededly non-appealable order denying her motion to quash the subpoena into an order appea...
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MEMORANDUM DECISION AND ORDER Plaintiff David Schnell brings this action against Conseco, Inc. (“Conseco”) and Sands Brothers & Co., Ltd. (“Sands”), on behalf of a purported class of public investors in NAL Financial Group, Inc. (“NALF”) for injuries suffered as a result of Conseco’s alleged fraud in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §...
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MEMORANDUM AND ORDER Plaintiffs bring this motion for entry of a partial final judgment pursuant to Federal Rule of Civil Procedure 54(b). Defendant North Fork Bank (“NFB”) opposes the motion. For the reasons stated below, plaintiffs’ motion is granted. In their amended complaint, plaintiffs assert claims against Barry Berg and the accounting firm of Berg Kaminsky & Klein (“the Berg defendants”) ...
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44 F.Supp.2d 1272 (1999) Maria Del Carmen Jauregui BANCI, Plaintiff, v. Bernardo Enrique Jose WRIGHT, Defendant. No. 98-1132-Civ. United States District Court, S.D. Florida, Miami Division. February 23, 1999. *1273 Martin A. Feigenbaum, Miami, FL, for plaintiff. Bernardo Enrique Jose Wright, Rancho Murieta, CA, defendant pro se. FINAL ORDER OF DISMISSAL SEITZ, District Judge. THIS CAUSE came bef...
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MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ CLAIMS FOR MONEY . DAMAGES In this action Sharon Cappillino, suing individually and as the natural guardian *514 for her now-grown son, Peter, alleges that the Defendant Hyde Park Central School District and various State and local officials violated “various Federal Statutes including, but not li...
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MEMORANDUM DECISION AND ORDER Plaintiff Shlomo Lieber originally brought this suit pro se against the Village of Spring Valley, seeking damages stemming from an alleged July 29, 1996 false arrest and unlawful imprisonment at the Spring Valley Police Station, after a “trespass” at the Finkelstein Memorial Library (the “Library”). Lieber also instituted a separate action against ...
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*1226 ORDER On January 28,1999, the court issued an Order to Show Cause Why Respondent’s Counsel in the Ylst Case Should Not Be Sanctioned (“OSC”), which detailed the matters about which the court was considering sanctions against attorney Diana Carloni Nourse. After receiving briefing from the parties in response to the OSC, the matter was heard on February 22, 1999. For the reasons set ...
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44 F.Supp.2d 1052 (1999) David FINK, Petitioner, v. Marisela MONTES, Director of the California Parole Services Div., Respondent. No. CV 96-8197 JSL(VAP). United States District Court, C.D. California. March 23, 1999. *1053 *1054 William P. Healy, Lomita, CA, for petitioner. David Fink, Anaheim, CA, in pro per. Kenneth N. Sokoler, Los Angeles, CA, for respondent. ORDER GRANTING RESPONDENT'S MOTIO...
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MEMORANDUM AND ORDER Plaintiff commenced this case alleging discrimination based upon his learning disabilities while a student at the School of Nursing at Adelphi University (“Adelphi”). Named as Defendants are Adelphi University (“Adelphi” or the “University”), the Adelphi University Board of Trustees (“Trustees”), James A. Norton, the former acting president of Adelphi University (...
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MEMORANDUM AND ORDER Following a jury trial in New York Supreme Court, County of Queens, petitioner was convicted of criminal sale of a controlled substance in the third degree. On May 9, 1994, the Appellate Division, Second Department, unanimously affirmed petitioner’s judgment of conviction. People v. Campbell, 204 A.D.2d 474, 614 N.YS.2d 170 (2d Dept.1994). On June 29, 1994, the Court of...
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MEMORANDUM AND ORDER This is one of two thousand actions filed by five thousand plaintiffs nationally against the makers of surgical screw systems used by orthopedic surgeons in certain types of spinal surgeries. The plaintiffs here are Michael Sita (“Sita”), now 57 years old, and his wife, Beverly Sita. Sita alleges claims of per se negligence arising out of alleged violations of 21 ...
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MEMORANDUM AND ORDER Pro se plaintiff, Anthony Ford, alleges that while incarcerated as a pretrial detainee at the Nassau County Correctional Center, the defendants, the Nassau County Correctional Center and the Nassau County Executive, violated his “civil and constitutional rights,” including his Thirteenth Amendment rights, by requiring him to serve as a “food cart worker” without payment. ...
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45 F. Supp. 2d 80 (1999) Dorota KIEDOS, Luisa Mejia, Xiomara Cruz, Individually and on Behalf of all Others Similarly Situated, Plaintiffs, v. Kenneth APFEL, Commissioner, Social Security Administration, Defendant. No. Civ.A. 97-30149-MAP. United States District Court, D. Massachusetts. March 23, 1999. *81 *82 Ray Cebula, Disability Law Center, Boston, MA, Ethel Zelenske, National Senior Citizens...
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OPINION This matter comes before the Court on the motion of plaintiff Pederson for an interim order to compel PCA Engineering Inc. (“PCA”) to pay his maintenance and cure, the motion of defendant PCA for summary judgment to dismiss the complaint and Powell-Duffryn Terminals, Inc.’s (“Powell-Duf-fryn”) cross-claims against it, and the motion of defendant Powell-Duffryn for summary judgment...
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MEMORANDUM AND ORDER Plaintiffs Gary Ballard and Nancy Ballard move this court to reconsider the September 9, 1997 order denying class certification. E.D. Local Rule 78-230(k). Plaintiffs base their motion on an alleged change in the facts and applicable law and on an alleged injustice which will result if the class is not certified. For the reasons set forth below, the order denying class cert...
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OPINION Presently before the Court are appeals by American Flint Glass Workers Union (“American Flint Union”) and Glass, Molders, Pottery, Plastics & Allied Workers International Union (“Glass Molders Union”) (collectively “the Unions”) of the Order by the United States Bankruptcy Court for the District of Delaware dated February 4, 1998. These appeals were filed separately, however, on May 5, 19...
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45 F. Supp. 2d 894 (1999) Nathan NOLIN, Plaintiff, v. TOWN OF SPRINGVILLE, et al., Defendants. No. CV 98-BU-1561-S. United States District Court, N.D. Alabama, Southern Division. March 22, 1999. *895 *896 Richard A. Bearden, Massey & Stotser, P.C., Birmingham, AL, for plaintiff. Thomas S. Hale, Daniel B. Feldman, Burgess & Hale, Birmingham, AL, for defendants. Memorandum Opinion BUTTRAM,...
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OPINION I. In this action brought under the Labor Management Reporting and Disclosure Act of 1959 (“LMRDA” or “the Act”), 29 U.S.C. § 401 et seq. (1988), members of the International Association of Machinists (IAM) seek declaratory and injunctive relief with regard to the IAM’s obligations under § 105 of the LMRDA, 29 U.S.C. § 415. The LMRDA guarantees labor union members certain rights, requir...
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43 F. Supp. 2d 499 (1999) UNITED STATES of America, Plaintiff, v. MEDICAL SERVICES CORPS, INC., ELK Transportation, Inc., NCC Transportation, Inc., Independence EMS, Inc., and Robert U. Syme, Defendants. No. Cr.A. 98-32-JJF. United States District Court, D. Delaware. March 18, 1999. *500 Carl Schnee, United States Attorney, Luis M. Matos, Assistant United States Attorney, and Beth Moskow-Schnoll ...
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42 F. Supp. 2d 423 (1999) RESOURCE VENTURES, INC., a Maryland corporation, Plaintiff, v. RESOURCES MANAGEMENT INTERNATIONAL, INC., a Delaware corporation, P.T. Resources Jaya Technic Management Indonesia, an Indonesian P.T. corporation, P.T. Sumber Daya Kelola, an Indonesian P.T. corporation, Walter J. Frost, an individual, Harvey Goldstein, an individual, and David Salman, an individual, Defenda...
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MEMORANDUM OPINION AND ORDER The estate and children of the late Marsha Brewer-Stewart, bring this action against Defendants, City of Naperville (“City”), Officers Brestal, Martin, Degre-gorio, Barker, Baker, Hochstetler, Monta-nari, Winter, and McAnally (“Officers”) and Gregory Stewart (“Stewart”). In Count I, plaintiffs seek relief under 42 U.S.C. § 1983 against the City and Officer...
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MEMORANDUM AND ORDER This case is before the Court on defendant Neller’s motion to modify, the government’s response and various briefs filed by the parties thereafter. The issue presented to the Court is whether or not defendant should now be released from detention pending his appeal. This Court, after defendant’s conviction, denied bond; and the Court of Appeals also denied bond finding no...
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MEMORANDUM OPINION AND ORDER ■ Jane Doe (“Doe”) is suing Environmental Auto Removal, Inc. (“EAR”) and one of its employees, Joseph Pantalena (“Pantale-na”), over events related to Doe’s arrest for disorderly conduct at the City of Chicago auto pound (“the pound”). 1 In count I of her six-count complaint, Doe alleges that Pantalena violated 42 U.S.C. § 1983 when he deprived ...
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MEMORANDUM OPINION AND ORDER Before the Court are: 1) Defendant’s Motion for Award of Attorneys’ Fees and Expenses, filed July 17, 1998; Plaintiffs Response, filed August 20, 1998; and Defendant’s Reply, filed September 1, 1998; and 2) Defendant’s Motion to Recover Attorneys’ Fees and Expenses From Plaintiffs Counsel, filed September 1, 1998; 1 Plaintiffs Response, filed Au...
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MEMORANDUM AND ORDER INTRODUCTION Plaintiffs filed their Motion for Class Certification, Defendants filed their Opposition, Plaintiffs filed a Reply, and the matter was submitted without oral argument on November 4, 1998. Supplemental pleadings were also submitted. NATURE OF THE CASE Plaintiffs Kathleen R. Irwin, Nancy Heth, and Lorraine L. Castaneda have moved .for class c...
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MEMORANDUM-DECISION & ORDER Petitioner Bruce B. Reimer (“petitioner”) moves, pro se, to quash a summons issued by the Internal Revenue Service (“IRS”) on Security Mutual Life Insurance Company of New York (“Security Mutual”). Respondent United States (“respondent”) cross-moves for summary denial of petitioner’s motion to quash, and seeks enforcement of the summons. For the reasons discuss...
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ORDER ON PLAINTIFFS’ MOTION TO AMEND AND DEFENDANTS’ MOTION TO DISMISS THIS CAUSE is before the Court on Defendant, James T. Nutt’s, Motion to Dismiss (Dkt.10-11) which seeks to dismiss Count IV of Plaintiffs’ Complaint (Dkt.2); Plaintiffs’ response to Defendants’ Motion to Dismiss (Dkt.14); and Plaintiffs’ Motion to Amend Complaint. (Dkt.13) Plaintiffs’ proposed Amended Complaint see...
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ORDER This matter is before the Court on Defendant’s Motion for Summary Judgment and/or Summary Adjudication (# 13) and Plaintiffs Motion for Summary Judgment (# 17). Plaintiff filed an Opposition to Defendant’s Motion (#22) 1 and Defendant filed a Reply (# 26). Defendant filed an Opposition to Plaintiffs Motion (# 18), and Plaintiff filed a Reply (#23). A hearing was held on March 12,1999....
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42 F. Supp. 2d 1317 (1999) Marlene ALEJANDRE, individually and as personal representative of the Estate of Armando Alejandre, deceased, Plaintiff, v. The REPUBLIC OF CUBA and the Cuban Air Force, Defendants, v. AT & T Corporation, AT & T of Puerto Rico, Inc., Global One Communications, L.L.C., Sprint Corporation, Wiltel, Inc., Telefonica Larga Distancia De Puerto Rico, Inc., MCI Internati...
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DECISION AND ORDER Five former members of the former Sokaogon Chippewa Housing Authority (Sandy Buchanan, Douglas DeWalt, Norbert Polar, Norma Smith and Tina Van Zile) are suing the Sokaogon Chippewa Tribe; its Tribal Council; it’s Chairman, Charles Fox; Vice Chairman, Peter McGeshick, Jr. and Council Member Roger McGeshick, Jr. for violations of federal and state law stemming from th...
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MEMORANDUM OPINION AND ORDER THIS MATTER comes before the Court on Defendant’s Motion to Dismiss or, in the Alternative, for Summary Judgment (Doc. 24). Having reviewed the submissions of the parties and the relevant law, the Court finds that Defendant’s motion should be GRANTED. *1322 Facts Plaintiff was involved in a single-vehicle accident in which his Bronco hit a patch of ice, skid...
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43 F. Supp. 2d 926 (1999) Andrew PETERS, on behalf of himself and all others similarly situated, Plaintiff, v. AT & T CORPORATION, GC Services Limited Partnership, DLS Enterprises, Inc., and GC Financial Corporation, Defendants. No. 97 C 8273. United States District Court, N.D. Illinois, Eastern Division. March 30, 1999. *927 Cathleen M. Combs, Daniel A. Edelman, James O. Latturner, Anne Mich...
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ORDER This case was previous certified as a class action consisting of three classes and one *690subclass. See Collins v. International Dairy Queen, 168 F.R.D. 668 (M.D.Ga.1996). Defendants now move for an order of decertifi-cation. Both parties have filed voluminous briefs on the appropriateness of class action treatment. The court has carefully reviewed and considered all the arguments advanc...
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DECISION and ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DENYING IN PART, AND GRANTING IN PART, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT and DENYING DEFENDANT’S MOTION TO STRIKE AND PRECLUDE TESTIMONY OF EXPERT WITNESSES AND FOR SUMMARY JUDGMENT ON ADDITIONAL GROUNDS I. INTRODUCTION The plaintiff, Lorraine Sova (“Sova”), suffers from multiple sclerosis. From July 1988 unti...
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OPINION and ORDER “The first thing a federal judge should do when a complaint is filed is check to see that federal jurisdiction is properly alleged.” Wisconsin Knife Works v. National Metal Crafters, 781 F.2d 1280, 1282 (7th Cir.1986). Plaintiff, Freeborn & Peters (“Freeborn”), is an Illinois general partnership of attorneys with its principal place of business in Chicago, Illinois. On March 2...
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MEMORANDUM On September 14, 1998, the District of Columbia and fifty-seven of its residents filed a complaint in Alexander v. Daley, challenging the lack of full representation for the District in the United States House of Representatives. Plaintiffs also filed a motion for the appointment of a three-judge district court, invoking the statutory requirement that such a court be convened “when a...
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44 F.Supp.2d 1126 (1999) ADAMS, Glenn, et al., Plaintiffs, v. CYPRUS AMAX MINERAL COMPANY, a Delaware corporation, and Helen M. Feeney, Defendants. Civil Action No. 96-K-71. United States District Court, D. Colorado. March 26, 1999. *1127 *1128 James Christopher Mallon, James C. Mallon, P.C., Evergreen, CO, John H. Lonquist, John H. Lonquist, P.C., Denver, CO, Peter B. Carey, Michael G. Connelly,...
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43 F. Supp. 2d 1008 (1999) ESTATE OF Randy Lonnell BROWN, by its Special Administrator Johnny Lee Brown, Johnny Lee Brown and Maliey Brown, Plaintiffs, v. John BARIAN in his individual capacity as Assistant Chief of the State of Wisconsin, Department of Corrections, Division of Community Corrections, and Michael J. Sullivan in his individual capacity as Secretary of the State of Wisconsin, Depart...
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DECISION and ORDER GRANTING IN PART, AND DENYING IN PART, PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT and GRANTING IN PART, AND DENYING IN PART, DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION Plaintiff Joyce Campana (“Campana”) is employed as treasurer for the City of Greenfield (“City”). Campana brings causes of action under 42 U.S.C. § 1988 and the Wisconsin Open Meetings Law,...
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43 F. Supp. 2d 1242 (1999) William ALEXANDER, and John Hall and Carolyn Hall, Plaintiffs, v. CERTIFIED MASTER BUILDER CORPORATION, Defendant. Civil Action No. 96-2515-GTV. United States District Court, D. Kansas. March 26, 1999. *1243 *1244 Patricia L. Lear-Johnson, Longan & Associates, Leawood, KS, S.W. Longan, III, Longan & Associates, Leawood, KS, for William Alexander. Robert A. Babco...
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DECISION AND ORDER In this case, Rocky L. Coe, a former Field Attorney for the National Labor Relations Board [NLRB], is suing his former employer as well as six NLRB officials [collectively called the “Federal Defendants”] 1 and four private parties2 for wrongs he alleges to have suffered in con-*1051neetion with his employment. The Federal Defendants have not answered, but have moved for summ...
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MEMORANDUM OPINION AND ORDER Plaintiff Amy Morlock brings this action under Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 (“Title IX”), alleging that a teacher and several male students sexually harassed her while she was a student at the Melrose Area Learning Center (“MALC”) in Melrose, Minnesota. She brings suit against the special education district in control.of the M...
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MEMORANDUM OPINION AND ORDER Plaintiffs brought this action on behalf of themselves and other common stockholders alleging that the defendants violated sections 8(e), 34(b), 36(a), and 36(b) of the Investment Company Act [the “ICA”], as well as state law. Plaintiffs move for certification of plaintiff and defendant classes. Defendants move to deny class certification and to dismiss the complain...
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ORDER This matter is before the court on defendant Bernard King’s motion for relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. King seeks relief from an order of this court filed on February 17, 1999, denying his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. King claims that the order should be vacated because neither King ...
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MEMORANDUM AND ORDER Defendants removed this personal injury action from the Supreme Court of the State of New York, County of Richmond and placed it within the diversity jurisdiction of this court. By oral order after hearing arguments on January 22, 1999, and by written order signed January 25, 1999, the court granted defendants’ motion that the court direct plaintiff to re-plead the complaint ...
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OPINION AND ORDER This action for employment discrimination under the American with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12217, and the New York State Executive Law § 296 et seq., is before the Court on defendant’s Rule 56 motion for summary judgment. Fed.R.Civ.P. 56. For the reasons stated hereinafter, the motion is granted in part and denied in part. BACKGROUND The...
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42 F. Supp. 2d 1 (1999) EDMONDS INSTITUTE, et al., Plaintiffs, v. Bruce BABBITT, in his official capacity as Secretary of the Department of the Interior, et al., Defendants. No. Civ.A. 98-561(RCL). United States District Court, District of Columbia. March 24, 1999. *2 *3 *4 Joseph Mendelson, II, International Center for Technology Assessment, Washington, DC, for plaintiffs. Scott Sutherland Harri...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION This cause is before the court on a Mo-; tion to Dismiss the Claims of Bobbie L. Stanfill, filed by Defendant United States of America on January 13, 1999. 1 Mr. Stanfill alleges that he received negligent medical care at the Lyster Army Community Hospital in Fort Rucker, Alabama, which caused permanent injury to his...
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MEMORANDUM AND ORDER Pending before the Court is Defendant First Fortis Life Insurance Company’s (hereinafter “Defendant” or “Fortis”) motion for summary judgment in this action brought under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., alleging that Defendant improperly denied Plaintiff long term disability benefits pursuant to the long term disabi...
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OPINION AND ORDER The issue presented here is whether a shipper may recover from its common carrier or its common carrier’s sub-contractor the amount of its loss beyond that covered by the limitation of liability in its carrier’s airbill. The answer is no. Plaintiff-Nippon Fire & Marine Ins. Co., Ltd. (“Nippon”) was the insurer of two shipments of laptop computers made...
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MEMORANDUM AND ORDER Diana Vukic (“Vukic”) worked as a manager on the floor of a Marshall’s store until she left work under the effects of mental distress. Whether or not she was disabled from working is the crux of plaintiffs dispute with her employer, Melville Corporation, and the insurer of her employer’s disability plan, Metropolitan Life Insurance Company (“MetLife”). Vukic alleg...
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44 F.Supp.2d 1149 (1999) FIVE STAR MANUFACTURING, INC., Plaintiff, v. RAMP LITE MANUFACTURING, INC., Defendant. Civil Action No. 97-2430-GTV. United States District Court, D. Kansas. March 10, 1999. *1150 *1151 Richard P. Stitt, Spencer, Fane, Britt & Browne, Kansas City, MO, J. Charles Droege, Overland Park, KS, for plaintiff. Charles E. Fowler, III, Andrews & Fowler, Chtd., Leawood, KS,...
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MEMORANDUM ORDER The present action is a racial discrimination claim brought by a former employee of Albertson’s, Wanda Biglow. Albertson’s contends it fired Biglow because she was drunk on the job. Biglow contends she was fired because of racial discrimination. Albertson’s has moved for summary judgment on Biglow’s claims. For the reasons stated herein, the court will grant the defen...
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42 F. Supp. 2d 898 (1999) Carol HARLEY and James L. Raber, individually and on behalf of others similarly situated, Plaintiffs, v. MINNESOTA MINING AND MANUFACTURING COMPANY, Defendant. No. Civ. 4-96-488(JRT/RLE). United States District Court, D. Minnesota. March 31, 1999. *899 *900 Alan M. Sandals, Sandals, Langer & Taylor, Philadelphia, PA, and Seymour J. Mansfield, Mansfield & Tanick, ...
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45 F. Supp. 2d 110 (1999) TURBOCARE DIVISION OF DEMAG DELAVAL TURBOMACHINERY CORPORATION, Plaintiff, v. GENERAL ELECTRIC COMPANY, Defendant. No. Civ.A. 95-30069-MAP. United States District Court, D. Massachusetts. March 31, 1999. Catriona Collins, Francis J. Murphy, Alan H. Pollack, Kimberly S. Chotkowski, *111 Hopgood, Calimafde, Kalil, Blaustein & Judlowe, New York City, Michael J. Coyne, B...
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MEMORANDUM AND ORDER I. INTRODUCTION.564 II. COMPLAINT.565 A. RICO.565 B. FEDERAL ANTITRUST.566 C. STATE LAW CLAIMS.566 III. FACTS AND LAW.566 A. RICO.566 1. Racketeering Enterprise Affecting Interstate Commerce.566 2. Standing.568 a. Injury to Business or Property.569 (1) Plaintiffs’ Business and Property Losses.569 (2) “Pass-Thr...
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MEMORANDUM OPINION AND ORDER In our earlier opinion, Houben v. Telular Corp., 86 F.Supp.2d 793 (N.D.Ill. 1999), familiarity with which we assume, we denied Telular’s motion for summary judgment with respect to Houben’s federal claims under Title VII and the Pregnancy Discrimination Act, and her state law claims for breach of contract, breach of implied covenant of good faith and fair dealin...
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44 F.Supp.2d 92 (1999) Gerard S. REDER, Plaintiff, v. The TRAVELERS PLAN ADMINISTRATORS OF CONNECTICUT, INC., Defendant. No. Civ.A. 96-30180-MAP. United States District Court, D. Massachusetts. March 31, 1999. *93 *94 Thomas Curley Campoli & Campoli, Pittsfield, MA, Judith C. Knight, Camploli & Curley, Pittsfield, MA, for Gerard S. Reder, plaintiff. Elizabeth Graham, Edward P. O'Leary, To...
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ORDER DENYING SUSPENSION OF SUPERVISED RELEASE This matter is before the Court on motion to suspend supervised release filed on behalf of the petitioner. The Court having reviewed the motion and authorities finds that the motion is not well taken and should be denied. The Court finds specifically as follows, to wit: The Petitioner herein was previously convicted on all counts of an eleven c...
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MEMORANDUM AND ORDER This case is before the court on plaintiff Adidas America, Inc.’s (“Adidas”) motion for a preliminary injunction. Adidas has filed this action for damages and injunctive relief against defendant National Collegiate Athletic Association (“NCAA”) alleging violations of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2, and state law claims of tortious interf...
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43 F. Supp. 2d 1237 (1999) Barbara J. UNRUH, Individually and as Co-Administrator of the Estate of Phil L. Unruh, deceased, Bradley S. Unruh, Co-Administrator of the Estate of Phil L. Unruh, deceased, Jonathan P. Unruh, Co-Administrator of the Estate of Phil L. Unruh, deceased, Plaintiffs, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant, v. Robert W. Stanfield, Jr., Claudia Lee A...
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MEMORANDUM ORDER This is an action by Kathleen Blackburn against her employer, The Kansas Elks Training Center for the Handicapped, Inc. (KETCH), for compensation under the Fair Labor Standards Act. The defendant has moved for summary judgment on several grounds. In her response, Blackburn concedes that one of her claims should be dismissed. The court, after reviewing the evidence and arguments ...
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MEMORANDUM AND ORDER This matter is before the court on Ms. Manis’s motion to dismiss for failure to state a claim, pursuant to Fed.R.Civ.P. 12(b)(6). Ms. Goebel has responded and Ms. Manis has filed a reply; therefore, the matter is fully briefed and after examining the parties’ submissions, the court is prepared to rule. For the reasons set forth below, Ms. Manis’s motion is granted...
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MEMORANDUM AND ORDER The present case involves claims by plaintiff FryeTech, Inc. (“FryeTech”), a manufacturer of carbon paper, against former FryeTech employees and their company, Independent Specialty Coatings, L.L.C. (“ISC”). FryeTech alleges the defendants breached various duties while still FryeTech employees and wrongfully acquired FryeTech property. FryeTech has moved for summa...
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MEMORANDUM ORDER In the present matter, plaintiff Dalene Charles has brought an action for age discrimination against her former employer, The Wichita Eagle and Beacon Publishing Company. Several matters are before the court. First, the Eagle has moved for summary judgment on Charles’s claims. Second, both parties have filed motions to strike in connection with the summary judgment pleadings. T...
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MEMORANDUM OPINION AND ORDER In May 1997, plaintiff Necomoshea Moore filed a complaint pursuant to 42 U.S.C. § 1983 against defendant Michael Sheahan, in his official capacity as Cook County Sheriff, alleging a deprivation of his 14th Amendment right to due process. Specifically, plaintiff alleges that defendant’s practice of allowing cell doors and locks to remain in disrepair at the...
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ORDER GRANTING MIAMI-DADE COUNTY’S MOTION FOR SUMMARY JUDGMENT ON THE CLAIMS OF RICARDO GOMEZ GOLD, District Judge. THIS CAUSE is before the Court upon Defendant Miami-Dade County’s Motion for Summary Judgment on the Claims of Ricardo Gomez [D.E. #41]. 1 Plaintiff, Lieutenant Ricardo Gomez, has sued Miami-Dade County’s violations of Title VII, 42 U.S.C. § 2000e, et ...
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MEMORANDUM OPINION AND ORDER Plaintiff Suzanne Lindblom has brought this action against her former employer, The Challenger Day Program, Ltd. (“Chai- *1111 lenger”) and Eleanor Flynn (“Flynn”), Challenger’s executive director, alleging sexual harassment and retaliation under Title VII of the Civil Rights Act of 1964 and defamation per se and per quod, Challenger and Flynn...
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44 F.Supp.2d 870 (1999) AETNA CASUALTY & SURETY CO., Plaintiff, v. DOW CHEMICAL CO., Defendant. No. 93-73601. United States District Court, E.D. Michigan, Southern Division. March 17, 1999. *871 *872 John F. Milan, Harvey, Kruse, Troy, MI, for Defendant Century Indem. Co. John F. Milan, Harvey, Kruse, Troy, MI, James F. Martin, Cohn & Baughman, Chicago, IL, for Certain Defendants in 93 cv...
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45 F.Supp.2d 635 (1999) HOT WAX, INC., Plaintiff, v. WARSAW CHEMICAL COMPANY, INC., Defendant. No. 97 C 6885. United States District Court, N.D. Illinois, Eastern Division. March 16, 1999. *636 Stephen Theodore Grossmark, John Peter Maniatis, Tressler, Soderstrom, Maloney & Priess, Chicago, IL, for plaintiff. Timothy M. McCarthy, James Leo McKnight, Nancy Rundin Daugherty, Law Office of Raymo...
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MEMORANDUM Plaintiff, Terrie Snyder, has brought this action against defendant Samuel J. Ringgold, asserting claims under the First and Fourteenth Amendments, along with corresponding state constitutional claims and a state law claim for tortious interference with prospective economic relations. Ringgold has filed a motion for reconsideration of this Court’s prior orders in this case, and a mot...
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MEMORANDUM This case, which was filed in November 1990, began as a simple contract action. MCI Telecommunications, Inc., (“MCI”) brought suit against T.A. Communications, Inc. (“TAC”) and two of its principals to recover approximately $81,000 in unpaid bills for telecommunications services. TAC filed a counterclaim charging that MCI had violated the federal Communications Act of 1934, 47 U.S.C....
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42 F. Supp. 2d 563 (1999) ROTOREX COMPANY, INC., Plaintiff, v. KINGSBURY CORPORATION, Defendant. No. Civ. H-97-1917. United States District Court, D. Maryland. April 1, 1999. *564 Thomas M. Lingan, William D. Dolan, III and Venable, Baetjer and Howard, Baltimore, MD, for plaintiff. Sarah Chapin Columbia, Eric B. Hermanson and Choate, Hall and Stewart, Boston, MA, for defendant. ALEXANDER HARVEY, ...
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43 F. Supp. 2d 504 (1999) Nelson O. DUARTE, Petitioner, v. John M. HURLEY, Warden, et al., Respondents. No. Civ.A. 98-281. United States District Court, D. New Jersey. March 31, 1999. *505 Nelson O. Duarte, Florence, CO, pro se. Wendy A. Way, Deputy Attorney General, Office of the New Jersey Attorney General, Trenton, NJ, for respondents. OPINION WOLIN, District Judge. This matter comes before t...
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MEMORANDUM OPINION This action comes before the Court on the Government’s motion for reallocation of settlement proceeds and on the Government’s motion to dismiss Counts I — III of the relator’s Complaint. This is a qui tam action by the relator Kenneth Summit. Mr. Summit brought Counts I — III of this action under the False Claims Act, 31 U.S.C. § 3729, and Count IV on a private claim of r...
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MEMORANDUM OPINION AND ORDER Before the court are Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction, filed March 27, 1998, and Plaintiffs Motion to Supplement the Record, filed August 12, 1998. The court has carefully considered the motions, responses, replies, the evidence submitted by the parties, and the applicable law. For the reasons that follow, both motions are he...
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MEMORANDUM OPINION AND ORDER At the request of the parties, this Court held a Markman hearing to construe the terms of a United States patent owned by defendant and counterclaimant Innovatron, • S.A. (“Innovatron”). At issue are two method claims describing the process for electrically connecting a portable card— the precursor of today’s “smart cards.” The background for th...
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44 F. Supp. 2d 865 (1999) AETNA CASUALTY AND SURETY CO., Plaintiffs, v. The DOW CHEMICAL CO., Defendants. No. 93-73601. United States District Court, E.D. Michigan, Southern Division. January 12, 1999. OPINION AND ORDER DENYING THE MOTIONS FILED BY FIREMAN'S FUND, ZURICH, AND CENTURY FOR RECONSIDERATION OF THE COURT'S OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DOW'S MOTION FOR SUMMARY...
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MEMORANDUM OPINION AND ORDER Pending before the Court is the motion for summary judgment filed by Defendant United States of America. For the reasons set forth below, the defendant’s motion for summary judgment is GRANTED. I. Introduction Plaintiffs, Arlie Chester and Rena Sue Addington, filed this action against the United States of America, the Department of Treasury, the Internal Revenue...
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42 F. Supp. 2d 1254 (1999) Jessalyne DEDNER, Plaintiff, v. State of OKLAHOMA, Defendant. No. 98-438-S. United States District Court, E.D. Oklahoma. March 18, 1999. *1255 Mark Edwards, McAlester, OK, for Plaintiff. *1256 Karin M. Kriz, Charles K. Babb, Oklahoma City, OK, for Defendant. ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT SEAY, District Judge. This is an action for sexual harass...
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ORDER GRANTING PLAINTIFF’S MOTION .FOR PARTIAL SUMMARY JUDGMENT; DENYING DEFENDANT UNITED STATES’ MOTION FOR PARTIAL SUMMARY JUDGMENT, AND DENYING DEFENDANTS DIRECTOR OF TAXATION AND DIRECTOR OF LABOR AND INDUSTRIAL RELATIONS’ JOINT MOTION FOR PARTIAL SUMMARY JUDGMENT The court heard the parties’ Motions on February 1, 1999. Brian Aburano, Esq., appeared at the hearing on behalf of Pl...
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42 F.Supp.2d 100 (1999) Fred G. BOUSTANY, D.M.D., d/b/a Boston Dental, Plaintiff, v. BOSTON DENTAL GROUP, INC., Defendant. No. Civ A 98-11640-RCL. United States District Court, D. Massachusetts. March 18, 1999. *101 *102 Robert R. Pierce, Thomas E. Kenney, Pierce & Mandell, PC, Boston, MA, for Fred G. Boustany, plaintiff. Roger T. Manwaring, Kevin F. Moloney, Barron & Stadfeld, Boston, MA...
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MEMORANDUM Plaintiff sues her former employer and several individuals under the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), the District of Columbia Human Rights Act, D.C.Code § l-2505(b), and the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. § 2601 et seq., asserting that she was fired because she was pregnant. Defendants move for summary judgment. Because no reasonable ju...
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40 F. Supp. 2d 15 (1999) BRANCH MINISTRIES, INC., et al., Plaintiffs, v. Charles O. ROSSOTTI, Commissioner, Internal Revenue Service, Defendant. No. CIV. A. 95-0724 (PLF). United States District Court, District of Columbia. March 30, 1999. *16 *17 Colby Mims May, Mark Nathan Troobnick, American Center for Law & Justice, Washington, DC, for plaintiffs. Donald J. Gavin, U.S. Dept. of Justice, W...
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44 F.Supp.2d 295 (1999) ANIMAL LEGAL DEFENSE FUND, INC., Plaintiff, v. DEPARTMENT OF THE AIR FORCE, Defendant. Civil Action No. 96-01522(CKK). United States District Court, District of Columbia. February 16, 1999. *296 *297 Valerie J. Stanley, Animal Legal Defense Fund, Inc., Rockville, MD, for plaintiff. R. Craig Lawrence, Assistant United States Attorney, Washington, DC, for defendant. MEMORAN...
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ORDER This matter comes before the Court on a petition for review of the denial of a naturalization application, docket no. 1. Having considered the petition and all the materials filed in support and in opposition, the Court hereby GRANTS the petition. BACKGROUND The facts in this case are undisputed. Petitioner Ghada Ali married United States citizen Mohamed Alsamarrie in Jordan on May 3,...
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43 F. Supp. 2d 1130 (1999) Yahya ALWADAY, Petitioner, v. David V. BEEBE, in his capacity as District Director, United States Immigration and Naturalization Service, Portland, Oregon or Any Person Having Custody of the Said Petitioner in Custody, District Director, Respondents. No. CV 98-1581-PA. United States District Court, D. Oregon. January 29, 1999. *1131 Naveed D. Shomloo, Shomloo & Shom...
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ORDER This ERISA 1 matter is before the court on the parties’ cross-motions for summary-judgment. Elaine Russell (“Russell”) seeks to recover long-term disability (“LTD”) benefits under a group insurance policy (“the Plan”) issued by UNUM Life Insurance Company of America (“UNUM”). Russell suffers from several ailments and has been diagnosed with fi-bromyalgia. The Plan has a o...
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45 F.Supp.2d 762 (1999) Robert LaROCCA, Plaintiff, v. PRECISION MOTORCARS, INC., d/b/a Rhoden Used Cars, d/b/a Acura of Omaha, Defendant. No. 4:98CV3195. United States District Court, D. Nebraska. March 26, 1999. *763 *764 *765 Kathleen Neary of Vincent M. Powers & Associates, Lincoln, NE, for plaintiff. James C. Zalewski of DeMars, Gordon, Olson & Shively, Lincoln, NE, for defendant. ME...
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MEMORANDUM AND ORDER Now pending before this Court are the Defendants’ Motions to Dismiss the Plaintiffs Amended Complaint and to Transfer this Case to the United States District Court for the Middle District of Pennsylvania. For the reasons which follow, we shall grant the defendants’ motion to transfer and shall leave the motion to dismiss the amended complaint to the Middle District for de...
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41 F. Supp. 2d 659 (1999) Barry D. BRADY v. Kenneth S. APFEL, in his capacity as Commissioner of the Social Security Administration[1] No. 1:95-CV-1075. United States District Court, E.D. Texas, Beaumont Division. March 16, 1999. *660 *661 John Dudley Rutland, Beaumont, TX, for Barry Brady, plaintiff. Steven MacArthur Mason, Asst. U.S., Attorney, Tyler, TX, for Shirley S. Chater, In her official ...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on Defendant’s motion for summary judgment [Record No. 73]. Plaintiff has responded [Record No. 79] to which Defendant has replied [Record No. 89], Fully briefed, the Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT Defendant is the former employer of Plaintiffs deceased brother, ...
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ORDER This matter is before the court on plaintiffs (1) motion for sanctions and (2) motion for preliminary injunction. Based on a review of the file, record, and proceedings herein, and for the reasons stated, the court (1) grants in part and continues in part plaintiffs motion for sanctions and (2) *952 grants in part and denies in part plaintiffs motion for preliminary injunction. BACKGR...
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42 F. Supp. 2d 1029 (1999) Elaine ROSENBERG and Micheline Nanette Sinclair, Plaintiffs, v. The SEATTLE ART MUSEUM, Defendant and Third Party Plaintiff, v. Knoedler-Modarco, Inc., Third-Party Defendant. No. C98-1073L. United States District Court, W.D. Washington, at Seattle. March 29, 1999. *1030 *1031 Camden M. Hall, Foster Pepper & Shefelman, Seattle, WA, Andrew M. Dansicker, Laura B. Hogue...
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MEMORANDUM OPINION AND ORDER Pending are Defendant’s motion to dismiss, or in the alternative, motion for more definite statement; its motion for joinder of the tortfeasor as a named party defendant 1 ; and its motion to bifurcate. The matters are ripe for review. After careful consideration, the Court GRANTS the motion for joinder; GRANTS in part and DENIES in part the mot...
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ORDER DENYING DEFENDANT TRANSPORT INTERNATIONAL POOL, INC.’S EX PARTE APPLICATION FOR ENFORCEMENT OF SUPERSEDEAS BOND AND STAY OF EXECUTION. On October 30,1998, a jury in this Court found defendant Transport International Pool, Inc. (TIP) liable for breach of contract to plaintiff Ribbens International, S.A. de C.V. (Ribbens International) and awarded Ribbens International net damages of ...
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OPINION Appellant and debtor Dawnwood Properties/78 (“Dawnwood”) and John P. Rooney, its former general partner (“Rooney,” together with Dawnwood, “Appellants”), have appealed from an order of the Bankruptcy Court dismissing an adversary proceeding against Blake Thorson AIA (“Blake Thor-sen”) as executor of the Estate of Robert L. Thorson (“Robert Thorsen,” together with Blake Thorsen...
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MEMORANDUM OPINION This matter comes before the court on defendants’ objections to the December 21, 1998 Report and Recommendation of United States Magistrate Judge B. Waugh Crigler. 1 The Magistrate’s Report recommends granting plaintiffs Motion to remand the case to the Circuit Court for the City of Charlottesville, where it was originally filed. For the reasons stat...
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OPINION AND ORDER In this diversity action, plaintiff Unlimited Care, Inc. (“UCI”) alleges that defendant Visiting Nurse Association of Eastern Massachusetts, Inc. (“VNA”), has breached its services agreements with UCI’s wholly owned subsidiary by failing to tender payment for services rendered. Defendant moves to dismiss plaintiffs complaint pursuant to Fed.R.Civ.P. 12(b)(2) for lack...
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44 F.Supp.2d 666 (1999) COALITION OF NEW JERSEY SPORTSMEN, INC., Bob's Little Sportshop, Inc., Springfield Inc., Armalite, Inc., Robert L. Viden, Jr., Stephen D. McClure, John Does I, II, III, IV, V, VI, VII, VIII, and IX, Plaintiffs, v. Christine Todd WHITMAN, Governor, State of New Jersey, Peter Verniero, Attorney General, State of New Jersey, Harris Y. Cotton, Prosecutor of Gloucester County, ...
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MEMORANDUM OPINION Before the court is plaintiffs’ motion for class certification, supported by plaintiffs’ brief and responsive memoranda and opposed by defendant’s memoranda. Because the court finds that plaintiffs have failed to meet their burden of demonstrating that *576plaintiffs’ claims are typical of those of the proposed class and that plaintiffs will adequately protect the interests o...
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ORDER The Defendants in this action have filed numerous motions to dismiss. This Order addresses only one of the issues raised in these motions: Does this Court have subject matter jurisdiction to hear the claims of the Canadian Plaintiffs who purchased their stock on Canadian exchanges? The Court finds that it does not. I. BACKGROUND 1 This is a securities fraud cas...
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33 F.Supp.2d 1244 (1999) Ronnie HAWKINS, individually, and as the representative of the class of persons defined in averment 16, Plaintiff, v. Joan COMPARET-CASSANI; the Los Angeles Municipal Court; the Los Angeles Superior Court; Sherman Block; County of Los Angeles, Defendants. No. CV 98-5605 DDP (CWx). United States District Court, C.D. California. January 25, 1999. *1245 *1246 *1247 *1248 Ste...
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45 F. Supp. 2d 873 (1999) Ronald E. SWITZER, Petitioner, v. Robert HANNIGAN, et al., Respondents. No. 96-3107-DES. United States District Court, D. Kansas. March 30, 1999. *874 *875 Ronald Eugene Switzer, Hutchinson, KS, pro se. Kevin C. Fletcher, United States Attorney's Office, Sioux City, IA, for Respondents. MEMORANDUM AND ORDER SAFFELS, District Judge. This matter is before the court on a p...
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42 F.Supp.2d 1188 (1999) Robert R. INGHAM, Petitioner, v. Herbert R. TILLERY, Respondent. No. 96-3065-RDR. United States District Court, D. Kansas. March 8, 1999. *1189 Robert R Ingham, USDB-FT Leavenworth, Fort Leavenworth, KS, for Robert R. Ingham, petitioner. Mary K. Ramirez, Office of United States, Attorney, Topeka, KS, for Herbert R. Tillery, respondent. MEMORANDUM AND ORDER ROGERS, Distri...
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41 F. Supp. 2d 1130 (1999) PLANNED PARENTHOOD OF THE COLUMBIA/WILLAMETTE, INC.; et al., Plaintiffs, v. AMERICAN COALITION OF LIFE ACTIVISTS; et al., Defendants. No. Civ. 95-1671-JO. United States District Court, D. Oregon. March 16, 1999. Carol J. Bernick, Davis Wright Tremaine, Portland, OR, Stephen S. Walters, Stoel Rives, Portland, OR, Elizabeth Maringer, Maria T. Vullo, Martin London, Paul We...
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40 F. Supp. 2d 83 (1999) OCG MICROELECTRONIC MATERIALS, INC., Swank, Inc., Benjamin Moore & Co., and Franklin Environmental Service, Inc., Plaintiffs, v. WHITE CONSOLIDATED INDUSTRIES, INC., Defendant. No. Civ.A. 95-450L. United States District Court, D. Rhode Island. April 2, 1999. *84 Valerie E. Michael, Cranston, RI, for plaintiffs. Allen P. Rubine, Providence, RI, Dale E. Stephenson, Squi...
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DECISION AND ORDER I. Background By prior order of June 23, 1997, this Court directed that monies collected from accounts receivable of David Fishgold, Inc. (“Fishgold”), be held in trust for the benefit of Fishgold’s suppliers under provisions of the Perishable Agricultural Commodities Act (“PACA”). Fishgold originally commenced this action when it sought to enjoin one of i...
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ORDER AND MEMORANDUM OPINION FACTS This is an action by the broker plaintiff, L.A.M. Truck Brokers (“LAM,”)1, against the shipper defendants, Allou Distributors, Inc., and its divisions, Transworld Grocers (“Transworld”) and Chesapeake Distributors, Inc. (“Chesapeake”) (collectively “Allou”) to recover unpaid transportation brokerage charges under the Interstate Commerce Act, 49 U.S.C. § 1370...
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OPINION In this action alleging discrimination on the basis of race, color, national origin, and gender, and retaliation for making such claims, in violation of 42 U.S.C. § 1981, and conspiracy in violation of 42 U.S.C. § 1985, defendants Initial Contract Serviced (“Initial”) — sued as “Initial Cleaning Service” — Petar Dedovic (“Dedovic”), and Argirre Lolovic (“Lolovic”) (collectivel...
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MEMORANDUM OPINION AND ORDER Joseph Regalado, suing by his guardian and father Baltazar Regalado, 1 has *1011 brought (1) claims of excessive force and of failure to provide medical care, both advanced under 42 U.S.C. § 1983 (“Section 1983”), against City of Chicago (“City”) police officers (collectively “Officers”) Manuel Acevedo (“Acevedo”) and Jose Garcia (“Garc...
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45 F. Supp. 2d 521 (1999) UNITED MINE WORKERS OF AMERICA INTERNATIONAL UNION, United Mine Workers of America District 31, Richard L. Eddy, George Thomas Ice, and Delas A. Stuzen, Plaintiffs, v. MARTINKA COAL COMPANY and Eastern Associated Coal Corporation, Defendants. No. CIV. A. 1:96-CV-156. United States District Court, N.D. West Virginia. March 26, 1999. *522 James M. Haviland, Crandall, Pyles...
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45 F.Supp.2d 879 (1999) L & M ENTERPRISES, INC., Plaintiff, v. BEI SENSORS & SYSTEMS COMPANY, Edcliff Instruments Division, Defendant. No. 98-1100-JTM. United States District Court, D. Kansas. March 30, 1999. *880 *881 William Robert Martin, Lawrence J. Logback, Martin, Pringle, Oliver, Wallace & Swartz, L.L.P., Wichita, KS, Donald C. Tinker, Jr., Robbins, Tinker, Smith & Tinker, ...
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44 F.Supp.2d 800 (1999) LOUISIANA PHILHARMONIC ORCHESTRA v. IMMIGRATION AND NATURALIZATION SERVICE. No. CIV. A. 98-2855. United States District Court, E.D. Louisiana. April 5, 1999. Peter L. Koerber, Lemle & Kelleher, LLP, New Orleans, LA, for Plaintiff. *801 Kathryn Weekley Becnel, U.S. Atty's Office, New Orleans, LA, for Defendant. ORDER AND REASONS FALLON, District Judge. Before the Court...
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45 F. Supp. 2d 89 (1999) AIRPORT IMPACT RELIEF, INC., Lucy Ferullo, Mary Ellen Welch, Roberta Horn, Arthur Horn, Jay Benson, Regina Marchi, Ignacio Ochoa, and Christopher Marchi, Plaintiffs, v. Kenneth R. WYKLE, Administrator, Federal Highway Administration, Peter C. Markle, Division Administrator, Federal Highway Administration, Kevin J. Sullivan, Commissioner, Massachusetts Highway Administrati...
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MEMORANDUM OPINION AND ORDER The United States of America brought this action to reduce federal income tax assessments to judgment against Stanley J. Szopa and Sophie A. Szopa. The United States moves for summary judgment against the Szopas for a stipulated amount of unpaid federal income tax, interest, and statutory additions owed by the Szopas. The Szopas also move for summary judgment, arg...
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MEMORANDUM OPINION Granting Defendants’ Motion for Summary Judgment; Denying Plaintiffs’ Motion for Summary Judgment I. INTRODUCTION This matter comes before the court upon the parties’ cross-motions for summary judgment. In their complaint, the plaintiffs maintain that the defendants, the Department of Agriculture and the United States Forest Service (hereinafter collectively referred to...
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MEMORANDUM OPINION Granting Plaintiffs Motion to Remand; Denying Plaintiffs Motion for Fees and Costs This matter is before the court on the plaintiffs motion to remand this case to the Superior Court of the District of Columbia (“D.C. Superior Court”) pursuant to 28 U.S.C. section 1447(c) and on the plaintiffs motion for fees and costs. For the reasons stated below, the plaintiffs motion t...
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44 F.Supp.2d 53 (1999) UNITED STATES of America, Plaintiff, v. DISTRICT OF COLUMBIA, et al., Defendants. No. Civ.A. 95-601(RMU). United States District Court, District of Columbia. March 31, 1999. *54 Valinda Jones, John Michael Facciola, William Mark Nebeker, Timothy S. Susanin, U.S. Attorney's Office, Washington, DC, for United States of America, plaintiff. Janet L. Maher, Sharlene E. Williams,...
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43 F. Supp. 2d 17 (1999) Felix S. BLOCH, Plaintiff, v. Madeleine K. ALBRIGHT, Secretary of State, Defendant. No. Civ.A.98-301(RMU). United States District Court, District of Columbia. March 23, 1999. *18 Michael Jeffrey Kator, Kator, Scott & Parks, Washington, DC, William Saad Aramony, Alexandria, VA, for Felix S. Bloch, plaintiff. Raphael O Gomez, U.S. Department of Justice, Washington, DC, ...
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MEMORANDUM AND ORDER This is an action brought under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq., by Monica Madanes against her brothers, Pablo Madanes, Miguel Madanes, and Leiser Ma-danes (the “Madanes Brothers”), as well as against various entities allegedly controlled or utilized by them. Ms. Madanes charges that her brothers deprived her of her ...
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45 F. Supp. 2d 46 (1999) Rodolfo TERRAZAS, Plaintiff, v. MEDLANTIC HEALTHCARE GROUP, INC. d/b/a The Washington Hospital Center, Defendant. Civil Action No. 97-2731(RMU). United States District Court, District of Columbia. March 25, 1999. *47 Judith L. Walter, Vecchia & Wolfer, Washington, DC, for Rodolfo Terrazas, plaintiff. Keith Jay Harrison, Christopher Flynn, King, Pagano & Harrison, ...
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44 F.Supp.2d 8 (1999) Peggy CHILDERS, Plaintiff, v. Rodney SLATER, Secretary of Transportation, Defendant. No. Civ.A. 97-853(RMU). United States District Court, District of Columbia. March 23, 1999. *9 *10 *11 *12 *13 Peggy Childers, Baltimore, MD, pro se. Suzanne Claire Nyland, Jerri Ulrica Dunston, Mary Lou Leary, U.S. Attorney's Office, Washington, DC, for Rodney Slater, Secretary of Transport...
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73 F.Supp.2d 853 (1999) UNITED STATES of America, Plaintiff, v. Eleanor L. LaBINE, et al., Defendant. No. 3:98 CV 7102. United States District Court, N.D. Ohio, Western Division. March 25, 1999. *854 S. Robert Lyons, Dept. of Justice Tax Division, Washington, DC, for Plaintiff. Henry Buswell Roberts, Jr., Nathan & Roberts, Toledo, OH, for Defendant. MEMORANDUM OPINION KATZ, District Judge. T...
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43 F. Supp. 2d 1156 (1999) Jeannette PATRICE, Plaintiff, v. Patrick MURPHY, et al., Defendants. No. C97-0068L. United States District Court, W.D. Washington, at Seattle. March 25, 1999. *1157 Todd Maybrown, Allen, Hansen & Maybrown, P.S., Scott A.W. Johnson, Alexander Joseph Higgins, Stokes Lawrence, P.S., Seattle, WA, for Jeannette Patrice, plaintiff. Stewart Andrew Estes, Keating, Bucklin &...
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44 F.Supp.2d 375 (1999) CABOT SAFETY INTERMEDIATE CORPORATION, Plaintiff, v. ARKON SAFETY EQUIPMENT, INC. OF U.S.A, Defendant. Civil Action No. 95-40190-NMG. United States District Court, D. Massachusetts. March 31, 1999. Arthur F. Dionne, Michael A. Cantor, Philmore H. Colburn, II, Leah M. Reimer, William J. Cass, Andrew C. Ryan, Fishman, Dionne & Cantor, Windsor, CT, for plaintiff. James R....
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*715 MEMORANDUM OPINION ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND OVERRULING PLAINTIFF’S OBJECTIONS Pending is defendants’ motion to dismiss or abate this action, or, alternatively to consolidate it with Case No:l:98-CV-1564. Pursuant to 28 U.S.C. § 636(b), this motion was referred to United States Magistrate Judge Earl S. Hines for conclusions of law and recommendation for ...
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44 F.Supp.2d 400 (1999) MacArthur DENSON, Plaintiff, v. John MARSHALL, Jr. and Mark Powers, Defendants. Civil Action No. 98-11156-WGY. United States District Court, D. Massachusetts. March 31, 1999. *401 MacArthur Denson, MCI Walpole, South Walpole, MA, pro se. Ann M. McCarthy, Mass. Dept. of Corrections, Boston, MA, for defendants. MEMORANDUM AND ORDER YOUNG, Chief Judge. I. Introduction The ...
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44 F.Supp.2d 837 (1999) Wanda Ruth HILL, Individually, and as Administratrix of the Estate of Roy Lee Hill, Plaintiff, v. R.J. REYNOLDS TOBACCO CO., Defendant. Civil Action No. 3:98-CV-548-H. United States District Court, W.D. Kentucky, Louisville Division. April 2, 1999. *838 J. Michael Poole, Bruce Garrett Anderson, Ed Monarch, Holly Houston, J. Michael Poole & Associates, Louisville, KY, f...
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MEMORANDUM OPINION ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND OVERRULING PLAINTIFF’S OBJECTIONS Pending is plaintiffs’ motion to remand. Pursuant to 28 U.S.C. § 636(b), this motion was referred to United States Magistrate Judge Earl S. Hines for conclusions *725 of law and recommendation for disposition. On February 19, 1999, the magistrate judge issued...
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ORDER Several Defendants in this action have filed motions to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). After considering the arguments of the parties, the Court finds that these motions are not well taken. I. BACKGROUND This is a securities fraud case. Seeking class certification, the named Plaintiffs are persons who purchased com...
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44 F.Supp.2d 379 (1999) Dwight Washington MATTIS, Petitioner, v. Janet RENO, Attorney General; Doris Meissner, Immigration and Naturalization Service; Immigration and Naturalization Service; Department of Justice; and Steve Farquharson, District Director, Respondents. Civil Action No. 98-11781-WGY. United States District Court, D. Massachusetts. March 31, 1999. *380 Allan M. Tow, Boston, MA, for ...
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MEMORANDUM OPINION By a separately issued Order, the Court denied Defendants’ Motion to Dismiss and granted Defendants’ Motion for Extension of Time to Respond to Plaintiffs Discovery Requests for Defendants Norris and Brownlee. This Memorandum Opinion sets forth the reasoning behind the dispositions of said motions. I. Background Mr. Ayers is an inmate in the Arkansas Depar...
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ORDER Before the Court are Defendant’s Motion for Summary Judgment (Dkt.24), the supporting memorandum (Dkt.25), Plaintiffs Response submitted under seal (Dkt.S-2), and Defendant’s Reply (Dkt.32). After carefully reviewing the entire file, including the pleadings, any appendices, and all exhibits, the Court is inclined to grant summary judgment in favor of Defendant Danek Medical, Inc. 1 ...
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MEMORANDUM & ORDER BACKGROUND This opinion emanates from the voluntary settlement of an action commenced by the United States of America against, inter alia, the International Brotherhood of Teamsters (“IBT” or “the union”) and the IBT’s General Executive Board (“GEB”). The settlement is embodied in the voluntary consent order entered March 14, 1989 (“Consent Decre...
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Memorandum and Order Plaintiff, Jeanette McNulty, brings this employment discrimination action against New York City and two City officials pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”), codified at 42 U.S.C. §§ 2000e to 2000e-17, the Age Discrimination in Employment Act of 1967 (“ADEA”), codified at 29 U.S.C. §§ 621-634, the New York State Human Rights Law (“SHRL”),...
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ORDER This matter is before the court on appeal from an order entered by Bankruptcy Judge A. Thomas Small, holding that a North Carolina judgment against appellant is not dischargeable and granting summary judgment in favor of appellees. Both parties have filed briefs with the court and the matter is ripe for ruling. STATEMENT OF THE CASE Appellees, Elijah Glen Howell II and Virginia C. Howell (t...
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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS Before the court is Defendant’s, Sheri Dyann Hitchcock, motion to dismiss Plaintiffs complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Hitchcock contends that she is absolutely immune from suit because Plaintiffs allegations arise from testimony she offered as a witness before a grand jury and petit jury. Plaintiffs c...
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*417 MEMORANDUM Pending before the Court in this constitutional tort action is the motion for summary judgment filed by defendants, (referred to collectively as “the County”), and plaintiff Patricia E. Greer has filed an opposition to the County’s motion as well as a cross motion for partial summary judgment. No hearing is necessary. For the reasons set forth below, the County’s ...
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MEMORANDUM I. This is a race discrimination case. Plaintiffs Fountain Church of God in Christ (the Church) and Alvan Rimson (Rimson) (collectively referred to as “plaintiffs”) bring claims under 42 U.S.C. §§ 1981, 1982, and 1983, and Michigan’s ElliotL-Larsen Civil Rights Act, Mich. Comp. Laws Ann. § 37.2101 et seq. The Church contracted to purchase land in Scio Township to construct a church. Th...
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45 F. Supp. 2d 600 (1999) CONSUMERS ENERGY COMPANY, Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYD'S LONDON, et al., Defendants. No. 98-74779. United States District Court, E.D. Michigan, Southern Division. March 19, 1999. *601 James E. Brunner, Consumers Power Company, Legal Department, Jackson, MI, Paul L. Schroeder, Jeffrey G. Close, Jones, Day, Chicago, IL, J. W. Montgomery, III, Charles H. Moel...
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MEMORANDUM OPINION AND ORDER Plaintiff Somfy, S.A. (“Somfy”) sues Defendants for infringement of U.S. Patent NO. 5,328, 113 (“113 patent”). 35 U.S.C. § 1 et seq. Plaintiff contends that defendant Springs Window Fashions Division, Inc. (“Springs”) developed an infringing device by making an insubstantial change to Somfy’s patented winding mechanism for window blinds, and that the remaining defendan...
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ORDER This is an action for patent infringement under 35 U.S.C. § 281. Plaintiff alleges that Defendant Centricut infringed a patent owned by Plaintiff relating to an improved electrode for use in connection with plasma arc torches. The court has subject matter *326 jurisdiction over this case pursuant to 28 U.S.C. § 1338. The matter is before the court on Defendant’s Motion to Dismiss for ...
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44 F.Supp.2d 1120 (1999) INDEPENDENCE APARTMENTS ASSOCIATES, MISSOURI LIMITED PARTNERSHIP, Plaintiff, v. LOUISIANA-PACIFIC CORPORATION, Defendant. No. Civ. 97-721-JO. United States District Court, D. Oregon. March 31, 1999. Nunc Pro Tunc March 30, 1999. *1121 Justine Fischer, Portland, OR, Steve W. Berman, Carl H. Hagens, Jeffrey C. Grant, Hagens & Berman, Seattle, WA, for plaintiff. Thomas C...
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ORDER In this 28 U.S.C. § 2254 proceeding, Magistrate Judge Patricia A. Coan on October 28, 1998, entered and served her recommendation that the petition be denied. Petitioner has timely filed thorough and comprehensive *1227 objections to the magistrate judge’s recommendation. I have therefore reviewed the recommendation de novo, in light of the file and record in this action. On de novo ...
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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS IN PART AND DENYING MOTION TO DISMISS IN PART Before this court is the motion of Defendant, Allstate Insurance Company, to dismiss Plaintiffs’, Edmund Lindsey and Mattie Lindsey, complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6). Plaintiffs allege that Defendants violated their rights under the Fair Housing Act (“FHA”)...
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MEMORANDUM OPINION AND ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT TABLE OF CONTENTS I. INTRODUCTION.877 A. Factual Background.877 B. Procedural Background.878 II. LEGAL ANALYSIS.880 A. Standards For Summarg Judgment.880 B. Which State’s Law Applies? .881 1. The appropriate test.881 2. Applic...
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*495RULING ON DEFENDANT’S MOTION TO COMPEL PLAINTIFFS TO COMPLY WITH DISCLOSURE AND DISCOVERY REQUESTS AND ON DEFENDANT’S SUPPLEMENTAL MOTION TO COMPEL PRODUCTION [DKT. # s 39,47] In two separate motions, Seaboard Surety Company (“Seaboard”), seeks orders compelling plaintiffs to produce documents in response to its discovery requests. For the following reasons, both motions are granted. I. BACKG...
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MEMORANDUM The Court has before it the defendant’s supplemental memorandum in support of his motion to dismiss (filed January 20, 1999; Docket Entry No. 75), which the Court will treat as a motion to reconsider its decision on December 8, 1998, to deny the defendant’s motion (filed December 4, 1998; Docket Entry No. 60) to dismiss.1 On January 22, 1999, the government filed a response (Docket En...
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45 F. Supp. 2d 162 (1999) Charles PALMER, Plaintiff, v. RADISSON HOTEL INTERNATIONAL, et. al. Defendants. CIV. No. 98-2094 (JP). United States District Court, D. Puerto Rico. April 1, 1999. *163 Enrique J. Mendoza Méndez, Mendoza & Bacó, San Juan, P.R., for plaintiff. Angel M. Rivera Munich, Hato Rey, P.R., Carlos Martínez Texidor, Martínez Texidor & Fuster, Ponce, P.R., for defendant. O...
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DECISION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff Wendy L. Yoho, a former employee of defendant Tecumseh Products Co. (“Tecumseh”), alleges that she was subjected to a hostile work environment and constructively discharged in violation of Title VII of the Civil Rights Act of 1964. 1 Before the court is Tecumseh’s motion for summary judgment, which the court grants....
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MEMORANDUM OPINION AND ORDER This matter is before the Court on Plaintiffs motion for summary judgment [Record No. 30]. Oral arguments were held in this matter on April 6, 1999 in Frankfort, Kentucky. Prior to said oral arguments, the parties briefed all issues in this case. Fully informed, the Court makes the following findings of fact and conclusions of law. FINDINGS OF FACT ...
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OPINION AND ORDER I. Introduction and Background The Court has before it Defendants’ Motion to Dismiss Under Fed.R .Civ.P. 12(B)(6) (docket No. 17), Plaintiffs’ Opposition to Defendants’ Motion to Dismiss (docket No. 22), Defendants’ Supplement to Motion to Dismiss (docket No. 24), and Plaintiffs’ Opposition to Defendants’ Supplement to Motion to Dismiss (docket No. 32). In addit...
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DECISION AND ORDER RE: PLAINTIFF’S PROTECTIVE MOTION FOR SUMMARY JUDGMENT ON THE ORIGINAL ISSUE DISCOUNT CLAIM AND RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON THE INVESTMENT TAX CREDIT ISSUE I.BACKGROUND The plaintiff, Kimberly-Clark Tissue Company, (“Kimberly-Clark”) filed this action for a refund of federal income taxes allegedly erroneously assessed and collected for the taxabl...
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40 F. Supp. 2d 1087 (1999) Jim HALSNE, Plaintiff, v. LIBERTY MUTUAL GROUP, Defendant. No. C 99-3014-MWB. United States District Court, N.D. Iowa, Central Division. March 26, 1999. *1088 Mindi M. Vervaecke of McGuire Law Firm, P.C., Mason City, IA, for plaintiff. Patrick J. McNulty of Grefe & Sidney, P.L.C., Des Moines, IA, for defendant. MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFF'S APP...
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OPINION On December 16, 1998, based on a nineteen year old conviction for which he received probation, petitioner, Jose Velasquez, was taken into custody by agents of the Immigration and Naturalization Service (“INS”). Petitioner is being manda-torily detained, without bond and without a hearing on bond, pursuant to section 236(c) of the Immigration and Nationality Act (“INA”), 8 U.S....
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MEMORANDUM OPINION AND ORDER What began as a civil lawsuit against the President of the United States for alleged sexual harassment eventually resulted in an impeachment trial of the President in the United States Senate on two Articles of Impeachment for his actions during the course of this lawsuit and a related criminal investigation being conducted by the Office of the Independent...
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MEMORANDUM AND ORDER I. Introduction A. This is a chapter 7 bankruptcy appeal. 28 U.S.C. § 158. George P. Dakmak, the bankruptcy trustee in this proceeding (the trustee), commenced an adversary proceeding against the United States Internal Revenue Service (IRS) to recover a preferential payment made by the debtors to the IRS. The bankruptcy court found that the payment was not a preference. In a M...
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MEMORANDUM and ORDER I. Introduction The Internal Revenue Service (“IRS”) appeals from the bankruptcy court’s determination that certain unpaid federal income tax liabilities of the debtor, John C. Pierchoski, are dischargeable. In re Pierchoski, 220 B.R. 20 (Bankr.W.D.Pa.1998). The IRS contends that Pierchoski’s tax obligations should be excepted from discharg...
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MEMORANDUM AND ORDER In this personal injury action, the parties agreed to defendant’s scheduling an independent medical examination (I.M.E.) of plaintiff on April 7, 1999. By letter dated March 23, 1999, defendant informed plaintiff that the I.M.E. would be canceled if plaintiffs attorney insisted on being present for the examination. Plaintiff then filed a motion for a protective order pursuan...
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MEMORANDUM AND ORDER This is an appeal from the October 28, 1998 Order entered by Judge David Scholl of the United States Bankruptcy Court for the Eastern District of Pennsylvania discharging Denise M. Leonard (the “Debtor”) from her obligation to pay her former husband, Kevin Leonard, the sum of $9,036.74. Kevin Leonard appeals. For the reasons which follow, we affirm. Factual Background ...
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42 F. Supp. 2d 465 (1999) Robert DAVIS, Plaintiff, v. John Douglas ORT, individually and in his official capacity as a police officer with the Mansfield Twp. Police Department, Defendant. No. Civ.A.97-5824(GEB). United States District Court, D. New Jersey. January 6, 1999. *466 *467 John E. Ursin, Salny, Redboard & Rinaldi, Succasunna, NJ, for plaintiff. Richard P. Cushing, Gebhardt & Kei...
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OPINION Ronald E. Anderson, Jr. sues for serious injury to his eye caused by a rebounding hook on a stretchable cord manufactured by defendant Bungee International Manufacturing Corp. (“Bungee”). Anderson asserts that the design of Bungee cords is defective and unreasonably dangerous. Anderson moves for partial summary judgment based on the affirmative use of collateral estoppel to es...
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45 F. Supp. 2d 914 (1999) UNITED STATES of America v. Eddie SMITH No. CR. 99-001-N. United States District Court, M.D. Alabama, Northern Division. April 8, 1999. *915 John William Focke, II, Federal Defender, Montgomery, AL, for Eddie Smith, defendant. Redding Pitt, U.S. Atty., Montgomery, AL, for U.S. ORDER MYRON H. THOMPSON, District Judge. Defendant Eddie Smith is charged with violating the c...
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MEMORANDUM & ORDER Presently at issue before, this Court in this civil rights action is a motion, brought by the individual plaintiffs, Frederick Cohen, Arnold Cohen and Carole Horowitz, to review the Clerk of the Court’s taxation of costs on notice in favor of all defendants for the sum of $41,622.78. For the reasons set forth below, the Court vacates the award of costs by the Clerk ...
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MEMORANDUM OPINION AND ORDER This action is one of three essentially identical actions brought by various Blue Cross and Blue Shield medical providers against numerous tobacco companies and others, alleging violations of federal RICO and antitrust laws, with pendent claims alleging violations of state law. Defendants seek dismissal under Rule 12(b)(6), Fed.R.Civ.P., for failure to state a claim...
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45 F. Supp. 2d 648 (1999) Donna Lee H. WILLIAMS, Insurance Commissioner of the State of Delaware, as Receiver of National Heritage Life Insurance Company in Rehabilitation, Continental Stock Transfer & Trust Company, Midwest Independent Bank, and Midwest Mortgage Servicing, L.L.C., Plaintiffs, v. NATIONAL HOUSING EXCHANGE, INC., APX Mortgage Services, Inc., and Resources Asset Management, Inc...
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44 F.Supp.2d 306 (1999) ANADAC, INC., Plaintiff, v. UNITED STATES DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, Defendant, and Digital Biometrics, Inc., IntervenorDefendant. Civil Action No. 99-169(RMU). United States District Court, District of Columbia. February 19, 1999. John Rogovin, Alfred M. Wurglitz, Jessica Davidson Miller, O'Melveny & Meyers LLP, Washington, DC, for ...
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ORDER In the complaint initiating this action plaintiff Discovery House, Inc. alleges that the defendants, the Consolidated City of Indianapolis and the Metropolitan Board of Zoning Appeals of Marion County (“BZA”), intentionally discriminated against Discovery House on the basis of an animus against Discovery House’s dién-tele, when the BZA ruled that Discovery House’s proposed drug ...
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MEMORANDUM AND ORDER Plaintiff Jack Feiwus (“Feiwus”), represented by counsel, moved for the dissolution of Genpar, Inc. (“Genpar”) and Abing-don Management, and the appointment of a receiver, or alternatively, for the Court to compel defendants Jerome Josefson, Joseph Margolis, Renee Operman and Jacob Hirsch (collectively, the “individual defendants”) to buy Feiwus’s minority interes...
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MEMORANDUM AND ORDER Plaintiff American Oil Trading Inc. (“AOT”) asserts a claim for a maritime lien against the MTV SAVA (“the- Vessel”) in rem, as well as in personam claims against the Vessel’s owner Croatia Line, its operator Malta Cross Shipping Co., and its charterer, Palm Star Shipping Ltd. (“Palm Star”), which is the agent for an undisclosed principal, Queens...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION Plaintiff, Suzanne Waterson (“Water-son” or “plaintiff’), was an employee of Best Western Inn in the housekeeping department. Plaintiff alleges that she was subjected to sexual harassment while employed, and was terminated on March 4, 1991 under false pretenses and pursuant to a discriminatory purpose. Waterson filed a complaint w...
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FINDINGS OF FACT & CONCLUSIONS OF LAW This ERISA case was tried to the Court without a jury on January 26, 1999, at which time the Court reserved decision. The Court sets forth below its Findings of Fact and Conclusions of Law following the trial. FACTUAL BACKGROUND The Parties Plaintiff Jeffrey Weissman is a severely disabled, brain damaged person. His disability is th...
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OPINION This is an action filed by the Grand Traverse Band of Ottawa and Chippewa Indians (“Grand Traverse Band” or “the Band”) against the United States. The complaint seeks a declaratory judgment concerning the legality of the Class III gaming being conducted at Turtle Creek Casino, in 'Whitewater Township, by the Grand Traverse Band. The United States has filed a counterclaim seeki...
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42 F. Supp. 2d 1347 (1999) Barbara SCHWERTFAGER, Plaintiff, v. CITY OF BOYNTON BEACH, Defendant. No. 97-8356-CIV. United States District Court, S.D. Florida. March 25, 1999. *1348 *1349 *1350 David J. Feingold, Feingold & Kam, West Palm Beach, FL, for Plaintiff. Jill S. Bilanchone, Johnson, Anselmo, Fort Lauderdale, FL, for Defendant. ORDER GRANTING DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGM...
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OPINION This action has risen out of the rubble of an ill-fated law partnership between plaintiff Richard Sabatini (“Sabatini”) and defendant Thomas Amon (“Amon”). Sabatini, and plaintiffs Jonathan Gray (“Gray”) and Rocco Marciano (“Marciano”), a former associate and paralegal of the firm respectively, assert violations of the Employee Retirement Income Security Act of 1974 (ERISA), 2...
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43 F.Supp.2d 904 (1999) UNITED PHOSPHORUS, LTD., et al., Plaintiffs, v. ANGUS CHEMICAL COMPANY, et al., Defendants. No. 94 C 2078. United States District Court, N.D. Illinois, Eastern Division. March 24, 1999. *905 *906 *907 Terence J. Moran, Peter Michael Katsaros, Frederick Scott Rhine, James Eric Vander Arend, Gessler, Flynn, Fleischmann, Hughes & Socol, Ltd., Chicago, IL, for plaintiffs. ...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on Plaintiffs’ Petition for Attorneys Fees and Costs, and Plaintiffs’ Supplemental Petition for Attorneys Fees and Costs. For the following reasons, this Court grants in part, and denies in part, the two petitions. Thus, this Court enters, in favor of Plaintiffs and against Defendants, an award of attorneys’ fees and costs totalling...
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OPINION Was the IRS substantially justified in classifying Plaintiffs nude dancers as “employees” under the tax code? After much dancing around the statutes, the Court finds that it was not. Attorney’s fees granted to the Plaintiff. I. Background. Plaintiff Cinema Art Theatre (“Cinema”) operates an adult entertainment nightclub, where female entertainers would perform dances on the ma...
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40 F. Supp. 2d 456 (1999) Holly POLDERMAN, Plaintiff, v. NORTHWEST AIRLINES, INC., Defendant. No. 1:97 CV 2483. United States District Court, N.D. Ohio, Eastern Division. January 27, 1999. *457 Brent L. English, Law Offices Of Brent L. English, Cleveland, OH, Steven B. Beranek, Middleburg Hts, OH, for Holly Polderman, plaintiff. Earl M. Leiken, Baker & Hostetler, Cleveland, OH, for Northwest ...
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OPINION and ORDER Sandra Ortiz-Del Valle brought this action alleging that the National Basketball Association (“NBA”) improperly failed to hire her as an NBA referee in violation of Title VII, 42 U.S.C. § 2000e et seq.; the New York State Executive Law, Human Rights Law, § 296; and the Administrative Code of the City of New York, § 8-107[l](a). At the conclusion of a six-d...
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41 F. Supp. 2d 747 (1999) COPELAND OAKS, et al., Plaintiffs, v. Jeffrey A. HAUPT, et al., Defendants. No. 4:98-CV-780. United States District Court, N.D. Ohio, Eastern Division. March 25, 1999. *748 *749 Earl M. Leiken, Chris Bator, John Edward Hebert, Baker & Hostetler, Cleveland, OH, for plaintiffs. David B. Spalding, Law Offices Of William B. Shetler, Alliance, Ralph Eric Smearman, Smith, ...
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Report and Recommendation Accepted: The defendant’s motion for summary judgment is aüowed. Judgment shall enter for the defendant dismissing the complaint. REPORT AND RECOMMENDATION REGARDING DEFENDANT RITE AID CORPORATION’S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 63) August 18, 1998 KAROL, United States Magistrate Judge. Plaintiffs are twenty-one pharmacists ...
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MEMORANDUM OPINION and ORDER Came on for consideration the above-captioned action in which William C. By-num (“Bynum”) is plaintiff, and the Fort Worth Independent School District (“FWISD”) is defendant. Now before the court is FWISD’s motion for summary judgment, filed February 16, 1999. The court, having considered the motion, related filings, and the' applicable authorities, conclu...
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44 F.Supp.2d 1249 (1999) Aleck S. MASON and Blanche M. Mason, Plaintiffs, v. Vicki Aletta LEE, Defendant. No. Civ.A. 98-T-799-N. United States District Court, M.D. Alabama, Northern Division. April 8, 1999. G. Griffin Sikes, Jr., Montgomery, AL, for plaintiffs. *1250 Ronald G. Davenport, D. Mitchell Henry, Rushton, Stakely, Johnston & Garrett, Montgomery, AL, for defendant. ORDER MYRON H. TH...
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44 F.Supp.2d 28 (1999) Willie James PRICE, Plaintiff, v. PHOENIX HOME LIFE INSURANCE COMPANY, et al., Defendants. No. CIV.A.98-1667RMU. United States District Court, District of Columbia. March 22, 1999. *29 *30 Willie James Price, Landover, MD, pro se. Gerald F. Treanor, Venable, Baetjer, Howard & Civiletti, L.L.P., Ronald S. Liebman, Patton Boggs, L.L.P., Washington, DC, for Defendants. ME...
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44 F.Supp.2d 356 (1999) DAYTON POWER & LIGHT CO., and Entergy Services, Inc., Plaintiffs, v. Carol BROWNER, EPA Administrator, et al., Defendants. No. Civ.A. 97-3074(JLG). United States District Court, District of Columbia. March 31, 1999. Supplemental Memorandum April 8, 1999. William M. Bumpers, Clara C. Poffenberger, Baker & Bott, Washington, DC; for plaintiffs. *357 Mary F. Edgar, Kim...
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45 F.Supp.2d 593 (1999) David Lee NEIGHBORS and, Leslie Ann Neighbors, Plaintiffs, v. PENSKE LEASING, INC., a Pennsylvania Company; National Steel Corporation, a Delaware Corporation; Transportation and Material Handling, a Division of National Steel Corporation; CRA Trailers, Inc., a Georgia Corporation f/k/a Great Dane Trailers, Inc.; General Electric Capital Corporation, a Delaware Corporation...
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OPINION This matter comes before the Court on the appeal by the Township of Wayne (the “Township”) of Magistrate Judge Pisano’s Opinion and Order dated November 10,1998. For the reasons stated herein, the Court will affirm the decision of the Magistrate Judge. BACKGROUND I. Facts The following factual background is excerpted from Magistrate Judge Pisano’s Opinion and Order dated November 10,199...
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MEMORANDUM OPINION Dismissing the Plaintiffs’ Disparate Impact Claim and Denying the Defendants’ Motion for Summary Judgment. I. INTRODUCTION This class action case arises under the Age Discrimination in Employment Act *28 (“ADEA”), 29 U.S.C. §§ 621-634. The plaintiffs, a certified class of former Foreign Service employees, claim that Defendant United States Age...
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43 F. Supp. 2d 891 (1999) Susan FINNANE and James Finnane, Plaintiffs, v. PENTEL OF AMERICA, LTD., an Illinois Corporation, Defendant. No. 98 C 5187. United States District Court, N.D. Illinois, Eastern Division. March 22, 1999. *892 Jennifer Ann Nielsen, Bedrava, Lyman & Van Epps, Oak Brook, IL, Steven M. Ruffalo, Donald Naylor Wilson, Jason Russell Surber, Howard Scott Dakoff, Fuchs & R...
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FINAL ORDER AFFIRMINGIRE-VERSING BANKRUPTCY COURT’S ORDER THIS CAUSE is before the Court, pursuant to 28 U.S.C. § 158(a), on cross-appeals by the debtor, Jerald D. Saunders, and the United States of America, of a Memorandum Decision and Order, dated January 26, 1996, entered by United States Bankruptcy Judge Raymond B. Ray (hereinafter “Bankruptcy Order”). 1 The Court has c...
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MEMORANDUM OPINION On December 10, 1998, the above-captioned case came on for bench trial before the undersigned. After delays for briefing, we proceed to enter findings of fact and conclusions of law: Background On March 31, 1995, Betty Pate received a certified letter from her employer, Baker Tanks, Inc., formerly known as Baker Tanks Gulf South, Inc., notifying her that she had been ...
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ORDER ON TENNESSEE HIGHWAY DEPARTMENT’S MOTION TO DISMISS 1 Before this court is Defendant’s, Tennessee Highway Department (“THD”), *969 motion to dismiss Plaintiffs’, Frances Uttil-la, Suzanne Colsey, J.P. Colsey, Betty Anderson, Judy Neal, and Kevin Lofton, complaint for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Proc...
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*1266 OPINION AND ORDER IMC Kalium Carlsbad, Inc., appeals a decision by the Interior Board of Land Appeals (“IBLA”) directing the Bureau of Land Management (“BLM”) to issue a potassium lease to Pogo Producing Company and Yates Petroleum Corporation. See Pogo Producing Co., 138 I.B.L.A. 142 (1997), recons. denied, IBLA Order 93-246R (Sept. 22, 1997). Def...
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MEMORANDUM & ORDER This is not an April Fool joke. Counsel for Plaintiff has written (Doc. No. 8) to this Court “to request a conference with the Court to discuss the refusal of the defendant Trustees to pay the $1,000.00 filing fee required by the Surrogate’s *477Court [of Westchester County] for the petition to appoint an ancillary executor for the Estate of Agnes Carvel who would substitute ...
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MEMORANDUM AND ORDER Plaintiffs Barwil ASCA (“Barwil”) and Moran Towing Corp. (“Moran”) assert a claim for a maritime lien against the M/V SAVA (“the Vessel”) in rem, as well as in personam claims against the Vessel’s owner Croatia Line, its operator Malta Cross Shipping Co. (“Malta”), and its charterer, Palm Star Shipping Ltd. (“Palm Star”), which is the agent for a...
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AMENDED MEMORANDUM OPINION 1 Defendant Timothy Joe Emerson (“Emerson”) moves to dismiss the Indictment against him, claiming that the statute he is prosecuted under, 18 U.S.C. § 922(g)(8), is an unconstitutional exercise of congressional power under the Commerce Clause and the Second, Fifth, and Tenth Amendments to the United States Constitution. For the reasons stated below, the ...
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42 F. Supp. 2d 1312 (1999) Julian KOSSOW, Plaintiff, v. ST. THOMAS UNIVERSITY, INC., Defendant. No. 97-3017-CIV. United States District Court, S.D. Florida. March 9, 1999. *1313 William R. Amlong, Amlong & Amlong, Ft. Lauderdale, FL, for plaintiffs. Elizabeth J. du Fresne, Anne Marie Estevez, Steel, Hector & Davis, Miami, FL, for defendants. ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY ...
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45 F. Supp. 2d 453 (1999) Noah CARTER, Plaintiff, v. N.P. MULLER, et al., Defendants. No. Civ.A. 98-6348. United States District Court, E.D. Pennsylvania. April 8, 1999. *454 Noah Carter, Graterford, PA, plaintiff pro se. Francis R. Filipi, Office of Attorney General, Harrisburg, PA, for defendants. MEMORANDUM & ORDER KATZ, Senior District Judge. Petitioner Noah Carter has applied for parole...
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44 F.Supp.2d 351 (1999) Willie James PRICE, Plaintiff, v. CRESTAR SECURITIES CORPORATION, et al., Defendants. Civil Action No. 98-1045(RMU). United States District Court, District of Columbia. March 31, 1999. Willie James Price, Landover, MD, pro se. Glenn H. Silver, Silver & Brown, Fairfax, VA, Terri L. Reicher, National Association of Securities Dealers, Inc., Washington, DC, for defendants...
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43 F. Supp. 2d 933 (1999) MEDIC ALERT FOUNDATION UNITED STATES, INC., Plaintiff, v. COREL CORPORATION, Defendant. No. 97 C 2521. United States District Court, N.D. Illinois, Eastern Division. March 31, 1999. *934 Robert Leslie Byman, Jenner & Block, David M. Feinberg, United States Court of Appeals, Chicago, IL, for Plaintiff. Stuart Smith, Daniel L. Jasica, Gordan & Glickson, P.C., Monic...
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MEMORANDUM OPINION This matter comes before the Court on cross-motions for summary judgment. Plaintiffs are approximately 550 criminal investigators of the U.S. Secret Service (“Secret Service”) who retired before October 80, 1994. Although plaintiffs were federal employees, their retirement benefits are governed by the District of Columbia Police and Firefighters Retirement and Disability Ac...
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45 F. Supp. 2d 1356 (1999) Robert J. FEENEY, John Cole, Trent Hildebrand, Burt W. Price and Frank J. Murphy, individually and on behalf of all those similarly situated, Plaintiffs, v. MEGO MORTGAGE CORPORATION, Jeffrey S. Moore, and Mego Financial Corporation, Defendants. No. 1:98-cv-0593-CAM. United States District Court, N.D. Georgia, Atlanta Division. April 8, 1999. W. Pitts Carr, Carr Tabb &a...
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MEMORANDUM OPINION AND ORDER Central States, Southeast and Southwest Areas Pension Fund and its Trustee (collectively “Fund,” treated as a singular noun 1) seeks enforcement of an arbitration award (the “Award”) against Hunt Truck Lines, Inc. (“Hunt”) regarding Fund’s claim against Hunt for secondary withdrawal liability under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U....
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MEMORANDUM OPINION AND ORDER Plaintiff Dexter Saffold (“Saffold”) brings this civil rights lawsuit alleging that he was unlawfully arrested and detained on August 27, 1996. Saffold’s two-count second amended complaint (“complaint”) asserts both federal and state law claims. In count I, Saffold claims that police officers from the City of Calumet Park, Illinois (“Calumet Park”) and the City of Ri...
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44 F.Supp.2d 331 (1999) Alice F.W. ALEXIS, et al., Plaintiffs, v. The DISTRICT OF COLUMBIA, et al., Defendants. Civil Action No. 98-151(RMU). United States District Court, District of Columbia. March 30, 1999. *332 *333 *334 Marion E. Baurley, Marion E. Baurley, P.C., Washington,DC, for plaintiffs Alice Alexis, Anna-Marie Brannic, Constance Graham, Mohammed Hmaey, Deloras James, Hermena Kinard, N...
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44 F.Supp.2d 317 (1999) Jane G. FITTS, Plaintiff, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION, and UNUM Life Insurance Company of America, Defendants. Civil Action No. 98-617(RMU). United States District Court, District of Columbia. March 29, 1999. *318 *319 John M. Fedders, Washington, John J. Witmeyer III, Chris Carney, Ford, Marrin, Esposito, Witmeyer & Gleser, L.L.P., New York City, for Plai...
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61 F. Supp. 2d 621 (1999) David Robert FISHER and Janice Hanson Fisher, Plaintiffs, v. UNITED STATES of America, Defendant. No. 97-CV-73218-DT. United States District Court, E.D. Michigan, Southern Division. March 31, 1999. *622 John H. Dudley, Jr., Butzel Long, Detroit, MI, for plaintiffs. Christine A. Grant, David A. Haimes, U.S. Dept. of Justice, Washington, DC, for defendant. OPINION AND ORD...
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42 F. Supp. 2d 542 (1999) Marcus HUNTER, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, Defendant. No. CIV. A. 98-0358. United States District Court, E.D. Pennsylvania. April 7, 1999. *543 Vaughnn A. Booker, Lansdale, PA, for Plaintiff. Randall J. Henzes, Deputy Atty. General, Office of Atty. General, Philadelphia, PA, for Defendant. MEMORANDUM AND ORDER JOYNER, District ...
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MEMORANDUM OPINION These cases are before the court on appeal by Creditor Cash in a Flash from a bankruptcy judge’s refusal to approve proposed settlements submitted in Chapter 13 proceedings initiated by Debtors Kisha Lavae Brown (“Brown”) and Adam B. Chandler (“Chandler”). Because these cases involve the same creditor and present virtually identical factual and legal issues, the court w...
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34 F.Supp.2d 1145 (1999) ARCHDIOCESE OF ST. LOUIS and, Papal Visit 1999, St. Louis, Plaintiffs, v. INTERNET ENTERTAINMENT GROUP, INC., Defendant. No. 4:99CV27SNL. United States District Court, E.D. Missouri, Eastern Division. January 20, 1999. Mary Ann L. Wymore, John E. Petite, Greensfelder and Hemker, St. Louis, MO, for plaintiffs. Leonard J. Frankel, Frankel and Rubin, Clayton, MO, Annette P. ...
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45 F. Supp. 2d 532 (1999) Ruth L. HENDERSON, Plaintiff, v. COLUMBIA NATURAL RESOURCES, et al., Defendants. Civil Action No. 2:98-0447. United States District Court, S.D. West Virginia, Charleston Division. April 7, 1999. Theodore R. Dues, Jr., Charleston, WV, Sharon M. Mullens, Charleston, WV, for plaintiff. *533 William E. Robinson & Michael A. Kawash, Robinson & McElwee, Charleston, WV,...
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43 F. Supp. 2d 1074 (1999) HONEYWELL, INC., Plaintiff, v. RUBY TUESDAY, INC., Defendant. No. Civ. 97-2098 (DSD/JMM). United States District Court, D. Minnesota. April 5, 1999. *1075 Patrick J Rooney, Michael James McGuire, Kathy S Kimmel, Rider Bennett Egan & Arundel, Minneapolis, MN, for Honeywell, Inc., plaintiff. Thomas Michael Kelly, Kelly & Jacobson, Minneapolis, MN, James C. Rawls, ...
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35 F. Supp. 2d 1 (1999) SERONO LABORATORIES, INC., Plaintiff, v. Donna E. SHALALA, et al., Defendants and Ferring Pharmaceuticals Inc., Intervenor-Defendant. Civ.A. No. 97-1227 (SS/JMF). United States District Court, District of Columbia. January 21, 1999. Terry S. Coleman, Bruce S. Manheim, Matthew David Peterson, Fox, Bennett & Turner, Washington, DC, for Plaintiff. Drake Stephen Cutini, Je...
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42 F. Supp. 2d 618 (1999) UNITED STATES of America, Plaintiff, v. Byron JONES, aka Carl Lee, Defendant. No. 3:92-CR-153-P. United States District Court, W.D. North Carolina. March 3, 1999. *619 Assistant United States Attorney Timika Shafeek, Charlotte, NC, for plaintiff. Byron Jones, pro se. ORDER ROBERT D. POTTER, Senior District Judge. THIS MATTER is before the Court on the Government's Motio...
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42 F. Supp. 2d 615 (1999) UNITED STATES of America, Plaintiff, v. (1) Byron JONES, aka Carl Lee; (2) Dandre Torres, aka Danny Scott, Defendants. Nos. 3:92-CR-153-1-P, 3:92-CR-153-2-P. United States District Court, W.D. North Carolina. March 26, 1999. *616 Assistant United States Attorney Timika Shafeek, Charlotte, NC, for plaintiff. Byron Jones, pro se, Dandre Torres, pro se. ORDER ROBERT D. POT...
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45 F. Supp. 2d 1131 (1999) JOHN DEERE HEALTH BENEFIT PLAN FOR SALARIED EMPLOYEES, and John Deere Health Care, Inc., Plaintiffs, v. Jeffrey A. CHUBB, Administrator of the Estate of Patricia Ann Franklin, Deceased, Defendant. Civil Action No. 97-1266-MLB. United States District Court, D. Kansas. February 17, 1999. *1132 Jeffrey A. Chubb, Independence, KS, pro se. Douglas G. Ott, Hall, Levy, Devore,...
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MEMORANDUM RULING Before the court are two motions. The first is a motion filed by Lynne Wolfe, Richard Wolfe, and John Zachary (hereafter, collectively referred to as “Plaintiffs”) urging this court to enter a final judgment pursuant to FRCP 54(b). The second is a motion filed by Charter Forest Behavioral Health Systems, Inc. (“Charter”) requesting the court to render a final judgment in its f...
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45 F. Supp. 2d 124 (1999) Ralph WILLIAMS v. RAYTHEON COMPANY Civil Action No. 97-10925-RGS. United States District Court, D. Massachusetts. April 6, 1999. *125 Ira H. Zaleznik, Lawson & Weitzen, Boston, MA, for Plaintiff. James F. Kavanaugh, Jr., Stephen S. Churchill, Conn, Kavanaugh, Rosenthal, Peisch & Ford, Ten Post Office Square, Boston, MA, for Defendant. MEMORANDUM AND ORDER ON DEF...
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43 F. Supp. 2d 534 (1999) SPRINT SPECTRUM L.P. v. ZONING HEARING BOARD OF WILLISTOWN TOWNSHIP and Board of Supervisors of Willistown Township. No. Civ.A. 98-2184. United States District Court, E.D. Pennsylvania. April 7, 1999. *535 Timothy W. Callahan, III, Elizabeth U. Witmer, Saul, Ewing, Remick & Saul, LLP, Philadelphia, PA, for Plaintiff. Robert G. Hanna, Jr., Marshall, Dennehey, Warner, ...
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MEMORANDUM & ORDER Plaintiff Gregory Dixon complains that his termination from his position as a mechanic for the Philadelphia Housing Authority (PHA) was unfair. Before the court is the PHA’s motion to dismiss the complaint pursuant to Rule 12(b)(1) or 12(b)(6), or in the alternative for summary judgment. PHA argues that this case should be dismissed because Mr. Dixon failed to exhau...
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MEMORANDUM OPINION The Alabama Legislature enacted an “Anti-Obscenity Enforcement Act” during the Regular Session of 1989. The Act subsequently was codified at Alabama Code §§ 13A-12-200.1 to -200.10 (1975) (1994 Replacement Volume). Nine years later, during the 1998 Regular Session, the Alabama Legislature amended various provisions of the Act through passage of Alabama Act No. 98-467. ...
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51 F.Supp.2d 834 (1999) Merry HAMILTON, Plaintiff, v. PHARMACIA & UPJOHN COMPANY, Defendant. No. 4:97-CV-161. United States District Court, W.D. Michigan, Southern Division. March 26, 1999. Thomas D. Geil, Geil, Smit & Kragt, PC, Battle Creek, MI, for Merry Hamilton, plaintiff. William H. Fallon, Miller, Johnson, Snell & Cummiskey, Grand Rapids, MI, for Pharmacia & Upjohn Company,...
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OPINION & ORDER Plaintiffs seek declaratory and injunctive relief in challenging the constitutionality of certain provisions of the Energy Policy Act of 1992 (“EPACT”), 42 U.S.C. § 2297g, et seq. Defendants have moved, pursuant to 28 U.S.C. § 1631, for an order transferring this action to the United States Court of Federal Claims (“CFC”) for consolidation with plaintiffs’ c...
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MEMORANDUM DECISION AND ORDER Petitioner Jose Ramos proceeding pro se has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 challenging his conviction in Westchester County Court on July 11, 1985 on two counts of Murder in the Second Degree. Petitioner was sentenced to consecutive 25 years-to-life terms on September 3, 1985. Following his conviction, Petitioner filed a t...
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MEMORANDUM — DECISION & ORDER Plaintiff commenced the instant litigation against defendants pursuant to 42 U.S.C. § 1983 asserting claims for violations of his Fifth and Fourteenth Amendment rights and *135a state law claim for assault. Defendant City of Albany (“defendant”) now moves pursuant to Fed.R.Civ.P. 56 seeking dismissal of the Complaint in its entirety. I. BACKGROUND1 The United States ...
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45 F. Supp. 2d 398 (1999) CORDANT TECHNOLOGY, INC., Plaintiff, v. ALLIANT TECHSYSTEMS INC., and Hercules, Incorporated, Defendants. No. Civ.A. 95-706-JJF. United States District Court, D. Delaware. March 26, 1999. *399 *400 John G. Mulford, Theisen, Lank, Mulford & Goldberg, P.A., Wilmington, DE; of counsel: Carl G. Love, Lynn E. Eccleston, Michael R. Dzwonczyk, Pillsbury *401 Madison & S...
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44 F.Supp.2d 404 (1999) Rafael Tulio NOLASCO, Petitioner, v. James MATESANZ, Respondent. No. Civ.A. 98-11706-WGY. United States District Court, D. Massachusetts. April 2, 1999. Rafael Tulio Nolasco, Norfolk, MA, pro se. Susanne G. Levsen, Assistant Attorney General, Criminal Bureau, Boston, MA, for James Matesanz, respondent. MEMORANDUM AND ORDER YOUNG, Chief Judge. I. INTRODUCTION Rafael Tulio...
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45 F. Supp. 2d 1220 (1999) Marvin W. JOHNSTON, Plaintiff, v. Charles SIMMONS, et al., Defendants. Civil Action No. 97-3354-KHV. United States District Court, D. Kansas. March 31, 1999. *1221 Marvin W. Johnston, Lansing, MI, pro se. Hsing Kan Chiang, Office of Atty. Gen., Kansas Judicial Center, Topeka, KS, for defendants. MEMORANDUM AND ORDER VRATIL, District Judge. This matter comes before the ...
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MEMORANDUM DECISION Before the court are two motions to suppress evidence filed by defendants Isidro Mondragon Farias and Artemio Mon-dragon Farias. On December 14, 1998, the court conducted an evidentiary hearing to address defendants’ motions. Present were Benjamin A. Hamilton, Esq., representing defendant Isidro Mondragon Farias; Robert L. Booker, Esq. and Christopher T. Beck, Esq., represen...
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44 F.Supp.2d 1230 (1999) Ronald G. ANDERSON, Petitioner/Defendant, v. UNITED STATES of America, Respondent/Plaintiff. No. 96-C-1070-S. United States District Court, D. Utah, Central Division. April 2, 1999. *1231 *1232 Bruce C. Lubeck, Asst.U.S.Atty., Salt Lake City, Utah, for plaintiff. Michael W. Jaenish, Salt Lake City, Utah, for defendant. ORDER SAM, Chief Judge. Before the court is a docume...
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OPINION On May 28, 1997, defendant Candido Arenas, Jr. was walking with his brother and a friend in lower Manhattan. The three men caught the attention of four New York City police officers, who proceeded to monitor their movements for approximately an hour-and-a-half. Eventually, the three men began walking toward the City Hall subway station, when the officers stopped them. The offi...
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MEMORANDUM AND ORDER This matter comes before the Court on defendant Jay Bey-Woodson’s Motion To Set Aside Entry Of Default (Doc. #37) filed October 16,1998. Facts On May 27,1998, Jay Bey-Woodson voluntarily entered an appearance in this action by filing his Notice Of Removal To The United States District Court For The District Of Kansas (Doc. # 1). After removal, defendant did not file an answ...
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43 F. Supp. 2d 1286 (1999) Roslyn J. BIRD, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. Civ. 2:96-CV0841S. United States District Court, D. Utah, Central Division. March 22, 1999. *1287 Carlie Christensen, Asst. U.S. Atty., District of Utah, Salt Lake City, UT, for plaintiff. W. Paul Wharton, Utah Legal Services, Inc., Salt Lake City, UT, for defendant. ORDER S...
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45 F. Supp. 2d 1227 (1999) Monte ESTES, Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant. Civil Action No. 98-2360-KHV. United States District Court, D. Kansas. April 6, 1999. William F. Dunn, Kansas City, KS, for plaintiff. David R. Buchanan, Brown & James, P.C., Kansas City, MO, for defendant. *1228 MEMORANDUM AND ORDER VRATIL, District Judge. This matter is before the...
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Memorandum And Order This appeal is from the final judgment of the United States Bankruptcy Court for the District of Kansas entered in In re *216 Overland Park Financial Corporation, 217 B.R. 879 (Bankr.D.Kan.1998). The Office of Thrift Supervision (“OTS”) appeals the bankruptcy court’s holding that a net worth maintenance stipulation which Overland Park Financ...
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45 F. Supp. 2d 1210 (1999) David Earl SINNETT, Plaintiff, v. Charles SIMMONS, et al., Defendants. Civil Action No. 97-3121-KHV. United States District Court, D. Kansas. March 31, 1999. *1211 *1212 David Earl Sinnett, Norton, KS, pro se. Hsing Kan Chiang, Office of Attorney General, Kansas Judicial Center, Topeka, KS, for Charles Simmons, William Cummings, David R. McKune, Harold Nye, Carla Scherm...
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MEMORANDUM OPINION This matter is before the Court on two Motions: 1) the Motion of Barbara Rubens, the Claimant, to Vacate, Modify, or Correct the Arbitrator’s Decision, and 2) the Claimant’s Motion for Leave of Court to Take Deposition. The Daikon Shield Claimants Trust (the “Trust”) opposes both Motions. Upon consideration of the parties’ pleadings, and after a hearing held on this matter ...
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MEMORANDUM AND ORDER This is an appeal from a judgment of the bankruptcy court (Cyganowski, B.J.) granting summary judgment to the United States of America (the “Government”) in an adversary proceeding commenced by the Government against National Westminster Bank USA (“NatWest”). 1 For the reasons set forth below, the grant of summary judgment is affirmed. The order of the ...
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MEMORANDUM OPINION Empire Transit Mix, Inc. (“Empire”) brings this action for an injunction compelling the City of New York (the “City”) to revoke its prohibition on allowing plaintiff to supply concrete to contractors working on City construction projects. The matter is before the Court on Empire’s motion for *333 a preliminary injunction and the defendants’ motion to dismis...
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MEMORANDUM — DECISION & ORDER Plaintiff Anheuser-Busch, Inc. (“plaintiff’) commenced an action against Defendants G.T. Britts Distributing, Inc. (“Britts”) and Richard Wordon (the “defendants”) arising out of an alleged breach *173 of a distribution agreement. Defendants asserted counterclaims for breach of contract and violation of the antitrust laws. Presently before the Co...
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MEMORANDUM — DECISION & ORDER This action has its genesis in the enforcement of a zoning code against plaintiff. The gravamen of the Complaint is that defendants selectively enforced the zoning code against plaintiff because of her race. Plaintiff bripgs claims, inter alia, that defendants violated her constitutional rights to procedural due process, substantive due process, and equal pro...
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OPINION AND ORDER On March 1, 1999, Plaintiff Wooster Brush Co. moved this Court for summary judgment [Doc. 27]. In seeking summary judgment in this patent infringement action, Plaintiff Wooster Brush argues that no material facts support Defendant-Counterplaintiff Newell Operating Company’s claim that Wooster Brush infringes United States Patent Number 5,195,242 (the ’242 patent). B...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on Plaintiffs’ Motion to Compel Cezar Froelich, his law firm, Shefsky, Froelich & Devine (“Shefsky”), and his attorneys, McDermott, Will & Emery (“McDermott”), to produce documents that they claim are protected by the attorney-client privilege and/or the work-product doctrine. For the following reasons, Plaintiffs’ motion is grante...
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42 F. Supp. 2d 756 (1999) Ann CHIERA, Plaintiff, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Defendant. No. 5:98-CV-1029. United States District Court, N.D. Ohio, Eastern Division. April 8, 1999. *757 Jack Morrison, Jr., Theresa Ann Tarchinski, Harry J.C. Wittbrod, Amer, Cunningham, Brennan, Akron, OH, for Ann Chiera, plaintiff. Todd M. Haemmerle, Dennis Gerard Rehor, Gallagher, Sharp, Fulton ...
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OPINION 131 Liquidating Corp., fka/fdba Alexander Doll Company, Inc., (the “Debtor”) seeks partial summary judgment precluding any recovery by LaSalle Capital Group, Inc. (“LaSalle”) of expectancy damages for the Debtor’s alleged breach of the exclusivity provision of a certain letter of intent. Because the Debtor did not enter into the deal contemplated by the letter of intent with either La...
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OPINION AND ORDER Now pending before the Court are four motions: (1) Defendant Wal-Mart Stores, Inc.’s (“Wal-Mart”) motion to amend its answer pursuant to Rule 15(a) of the Federal Rules of Civil Procedure to include an additional affirmative defense; (2) Wal-Mart’s motion for summary judgment on all claims of the Complaint pursuant to Rule 56; (3) Defendant Ossie Gee’s (“Gee”) motion for...
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OPINION Plaintiff Barbara Richardson (“Richardson”) brings this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) challeng *558 ing the final determination of the Commissioner of Social Security (“Commissioner”) that she is not entitled to Supplemental Security Income disability benefits (“SSI”). Both parties move for judgment on the pleadings pursuant to Rule 12(c), F.R. Civ. P. BACK...
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MEMORANDUM OPINION AND ORDER [f 1] Pending before the Court is the motion of defendant Unverferth Manufacturing Company for sanctions against Vaughn P. Adams, Jr., Ph.D., an engineering expert who testified for the plaintiff at the jury trial in this case, and against one of the plaintiffs law firms, Philo, Atkinson, White, Stephens, Wright & Whitaker of Detroit, Michigan. The Court has carefully...
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45 F. Supp. 2d 664 (1999) Samuel B. ACHMAN, Plaintiff, v. CHISAGO LAKES INDEP. SCH. DIST. NO. 2144, Andrea Coffey, Karen Watters, and Darrold Williams, Defendants. No. 97 CIV. 2426. United States District Court, D. Minnesota. April 2, 1999. *665 *666 Douglas Gibbs Sauter, Paul Andrew Kaster, Sauter & Associates, Coon Rapids, MN, for Plaintiff. Timothy James Pawlenty, Karen A. Janisch, Rider, ...
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This cause came for hearing on March 24,1999 upon the second motion for partial summary judgment by Kevin Griffin (now reclassified as a defendant) against Cary Bonnecaze (now reclassified as the plaintiff). Oral argument was waived and the matter was taken under submission on the briefs. *621 The Court, having studied the memoran-da submitted by the parties, is fully advised in t...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION Plaintiffs allege that their current or former employer, Defendant Addison Fire Protection District No. 1, violated the Fair *917 Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., and the Illinois Wage Payment and Collection Act, 820 ILCS § 115/1 et seq., by failing to pay them overtime at a rate one and one-half time...
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60 F. Supp. 2d 412 (1999) ESTATE of Jeannette TRANOR, et al., Plaintiffs, v. The BLOOMSBURG HOSPITAL, et al., Defendants. No. 4:CV-96-0327. United States District Court, M.D. Pennsylvania. March 15, 1999. Shanin Specter, Joel J. Feller, Kline & Specter, Philadelphia, PA, for plaintiffs. *413 Francis G. Wenzel, Jr., Marshall Dennehy Warner Coleman & Goggin, Scranton, PA, for defendants. M...
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MEMORANDUM OF DECISION AND ORDER TRANSFERRING VENUE This is a class action with the three named Plaintiffs, all residents of Maine. The class, as asserted by Plaintiffs, will include “residents of every state in the country.” Motion .for Certification of Class (Docket No. 2) at 3. Plaintiffs seek the money Defendants have recouped from each of them, up to $10,000, and the entry of a permanent i...
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44 F.Supp.2d 804 (1999) VENTURA MARITIME CO., LTD. v. ADM EXPORT COMPANY. No. CIV. A. 98-2804. United States District Court, E.D. Louisiana. April 9, 1999. *805 Robert Hugh Murphy, Chalres Lewis Whited, Murphy, Rogers & Sloss, New Orleans, LA, for Plaintiff. Edward Joseph Koehl, Jr., Richard D. Bertram, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, for Defendant. DUVAL, District ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW I. PROCEDURAL HISTORY Robert R. Bush was employed by Diamond Offshore Management Company (“Diamond”) as a roustabout performing work aboard Diamond’s semi-submersible drilling rig, the “Modu Ocean Star.” On June 17, 1997, Bush was assisting in off loading pallet sized material from a service vessel, the M/V PAULA K. Bush and a co-employ...
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MEMORANDUM AND ORDER The court has under consideration Defendant’s, Motion to Quash Subpoena Duces Te-cum (doc. 51), Defendant’s Motion for a Protective Order (doc. 54), and Plaintiffs Notification of Contempt and Request to Compel (doc. 76). Pursuant to Fed.R.Civ.P. 45(c)(3)(A), defendant GE Capital Corporation seeks an order to quash a subpoena plaintiff served upon it on March 8, 1999. It als...
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ORDER DENYING PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION, DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT, AND GRANTING PARTIAL SUMMARY JUDGEMENT TO THE DEFENDANT Underlying this application for a preliminary injunction is a dispute between Subaru Distributors Corporation (“SDC”) and Subaru of America, Inc. (“SOA”) over cer-- *454 tain terms of the parties’ Distr...
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MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT Defendants John Spencer, Donald Christopher, Philip Zisman, and the City of Yonkers (“Yonkers”) have moved for summary judgment dismissing the complaints in the two actions commenced by Albert McEvoy, former Police Commissioner and Deputy Chief of Police of Yonkers, arising out of h...
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OPINION In this class action brought pursuant to the Americans with Disabilities Act of 1990 (the “ADA”) 42 U.S.C. §§ 12101 et seq., the Rehabilitation Act of 1973 (the “RA”), 29 U.S.C. § 794, the New York State Human Rights Law, Executive Law § 292 et seq. (the “NYSHRL”), the New York City Civil Rights Law, New York City Administrative Code Title VII, § 8-102 et seq. (the “NYCHRL”), and 10 NYC...
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45 F. Supp. 2d 555 (1999) Gary GRAHAM, Petitioner, v. Gary JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent. No. Civ.A. H-98-4241. United States District Court, S.D. Texas, Houston Division. January 7, 1999. Richard H. Burr, III, Burr & Welch, Houston, TX, for petitioner. Gena A Blount, Office of Attorney General, Austin, TX, for respondent. ORDER H...
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45 F. Supp. 2d 625 (1999) STARR PRINTING CO., INC., Plaintiff, v. AIR JAMAICA, Defendant. Air Jamaica, Third-Party Plaintiff, v. Moore Graphic Services, a division of Moore Business, Forms, Inc., Third-Party Defendant. No. 97-2530-V. United States District Court, W.D. Tennessee, Western Division. March 16, 1999. *626 *627 Joseph D. Barton, Millington, TN, L. Daniel Johnson, Memphis, TN, for Starr...
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MEMORANDUM OF DECISION AND ORDER Plaintiff Pamela Bergeron filed a six-count Complaint against the Defendants United States Postmaster, the Maine Merged Branch 92, National Association of Letter Carriers (“Union”), and Paul Robinson, and Tom Ostrowski in their individual capacities. Counts I and II allege that the United States Postal Service sexually harassed and discriminated against Ms. Berger...
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ORDER ON PLAINTIFFS’ MOTION FOR REMAND The plaintiffs, all residents of Maine, have moved to remand these removed asbestos cases to state court for lack of diversity subject matter jurisdiction. The issue is whether a Maine defendant (who destroys diversity) was fraudulently joined. Because the removing defendants have not satisfied their burden of proving fraudulent joinder, the plaintiffs’ moti...
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44 F.Supp.2d 1141 (1999) Todd W. CLEMENTS, Plaintiff, v. EMERY WORLDWIDE AIRLINES, INC., Defendant. No. 97-4217-DES. United States District Court, D. Kansas. March 8, 1999. *1142 Jerald R. Long, Mission, KS, for Todd W. Clements, plaintiff. John J. Yates, Stephen M. Bledsoe, Bryan Cave LLP, Kansas City, MO, for *1143 Emery Worldwide Airlines, Inc., defendant. MEMORANDUM AND ORDER SAFFELS, Distri...
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ORDER Before the Court is defendants Attaluri and Allied Environmental Services’ submission of time and charges of their counsel in relation to defendants’ prosecution of civil contempt against the United States Attorney. The material facts follow: On November 4, 1998, the government filed an Indictment naming Attaluri and Allied Environmental Services, Inc., among others, as def...
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ORDER GRANTING DEFENDANT’S MOTION FOR REMITTITUR, DENYING DEFENDANT’S MOTION FOR A NEW TRIAL, DENYING DEFENDANT’S MOTION FOR JUDGMENT AS A MATTER OF LAW Before the Court is a motion by defendant Conwood for (1) judgment as a matter of law, or, in the alternative, (2) judgment for a new trial and/or remittitur of damages from the Verdict of the Jury, and Judgment of the Court, based upon a...
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MEMORANDUM OPINION George E. Cone, Jr., an officer in the United States Army, seeks review under the Administrative Procedure Act of a decision by the Army Board for the Correction of Military Records (the “Board”). In that decision, the Board declined to amend Cone’s Officer Evaluation Report (the “report”) and to reconsider his non-selection to the resident Command and General Staff Col...
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42 F. Supp. 2d 632 (1999) LOCKHEED MARTIN CORPORATION v. RAYTHEON COMPANY. No. 4:99-CV-079-Y. United States District Court, N.D. Texas, Fort Worth Division. February 19, 1999. *633 Stephen Lyle Tatum, Beal Dean, Brown Herman Dean Wiseman Liser & Hart, Fort Worth, TX, Elizabeth D. Mann, Peter M. Bransten, McDermott Will & Emery, Los Angeles, CA, for Plaintiff. Ralph H. Duggins, Estil A. Va...
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45 F. Supp. 2d 54 (1999) William E. SHEA, Plaintiff, v. UNITED STATES of America, et al., Defendants. No. Civ.A. 98-21(RCL). United States District Court, District of Columbia. March 31, 1999. *55 *56 William E. Shea, Alexandria, VA, plaintiff pro se. Alexander Daniel Shoaibi, Meredith Manning, Washington, DC, for defendant. MEMORANDUM OPINION LAMBERTH, District Judge. This matter comes before t...
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44 F.Supp.2d 771 (1999) Alexis M. HERMAN, Secretary of Labor, United States Department of Labor, Plaintiff, v. LOCAL 305, NATIONAL POSTAL MAIL HANDLERS UNION, LIUNA AFL—CIO, Defendant. No. Civ.A. 3:98CV608. United States District Court, E.D. Virginia. Richmond Division. April 8, 1999. *772 Joan E. Evans, Assistant United States Attorney, United States Attorney's Office, Richmond, VA, Frank W. Hun...
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44 F.Supp.2d 897 (1999) David Patrick LAKIN, Plaintiff, v. Wayne W. STINE, Defendant. No. 96-75828. United States District Court, E.D. Michigan, Southern Division. April 8, 1999. Margaret S. Raben, Birmingham, MI, for plaintiff. Diane L. Galbraith, Lansing, MI, for defendant. ORDER AND OPINION GRANTING HABEAS CORPUS RELIEF AND REJECTING THE MAGISTRATE'S REPORT AND RECOMMENDATION. TARNOW, District...
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44 F.Supp.2d 1296 (1999) XR CO., a Florida corporation, and Robert Koeppel, Plaintiffs, v. BLOCK & BALESTRI, P.C., a professional corporation, Steven R. Block, P.C., a professional corporation, and Steven R. Block, Defendants. No. 98-1725-CIV. United States District Court, S.D. Florida. March 24, 1999. *1297 Hugo L. Black, Jr., Kelly, Black, Black, Byrne & Beasley, P.A., Miami, FL, for Pl...
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ORDER GRANTING MOTION TO COMPEL ARBITRATION AND STAY THE ACTION This cause comes before the Court upon Defendant’s Motion to Compel Arbitration and Stay the Action, filed June 1, 1998 (D.E.# 9), and Plaintiffs Motion to Compel, filed July 10,1998 (D.E.# 16). *1366 On April 2, 1998, Plaintiff Linda Palmer-Scopetta commenced this action. Plaintiff formerly worked as an account...
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45 F.Supp.2d 859 (1999) SAC AND FOX NATION OF MISSOURI, Iowa Tribe of Kansas and Nebraska, Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas, Plaintiffs, v. Karla PIERCE, Secretary, Kansas Department of Revenue, Defendant. No. Civ.A. 95-4152-DES. United States District Court, D. Kansas. March 15, 1999. *860 Mark S. Gunnison, Stephen D. McGiffert, Payne & Jones, Chtd., Overland P...
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45 F.Supp.2d 1157 (1999) Robert G. LILE, Petitioner, v. David R. McKUNE, et al., Respondents. No. 95-3032-DES. United States District Court, D. Kansas. March 17, 1999. *1158 *1159 Benjamin C. Wood, Topeka, KS, for Robert G Lile, petitioner. Jared S. Maag, Office of Atty. Gen., Topeka, KS, Kevin C. Fletcher, U.S. Atty's Office, Sioux City, IA, for David R McKune, and Attorney General of Kansas, re...
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44 F.Supp.2d 1158 (1999) Darrel Joseph GOURLEY, Petitioner, v. David McKUNE and the Attorney General of Kansas, Respondents. No. 95-3481-DES. United States District Court, D. Kansas. March 30, 1999. *1159 *1160 Darrel Joseph Gourley, Lansing, KS, pro se. Jared S. Maag, Office of Attorney General, Topeka, KS, for respondents. MEMORANDUM AND ORDER SAFFELS, District Judge. This matter is before the...
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45 F. Supp. 2d 63 (1999) Ronn D. TOROSSIAN, et al., Plaintiffs, v. Captain Dennis G. HAYO, et al., Defendants. No. Civ.A. 97-2394. United States District Court, District of Columbia. April 7, 1999. *64 Jonathan E. Meyer, Wilmer, Cutler & Pickering, Washington, DC, for plaintiff. Dara A. Corrigan, AUSA, United States Attorney's Office, Judiciary Center Building, Washington, DC, for defendant. ...
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45 F.Supp.2d 1349 (1999) LUMBERMENS MUTUAL CASUALTY COMPANY, Plaintiff, v. The INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendant. No. 98-413-Civ. United States District Court, S.D. Florida, Miami Division. March 8, 1999. *1350 Wayne T. Gill, Walton Lantaff Schroeder & Carson, West Palm Beach, FL, for plaintiff. Luke S. Brown, Chartered Law Offices of James V. Dolan, Fort Lauderdale, F...
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44 F.Supp.2d 1302 (1999) Wilner VINCENT, Plaintiff, v. WELLS FARGO GUARD SERVICES, INC., of Florida et al., Defendants. No. 95-1998-CIV. United States District Court, S.D. Florida, Miami Division. March 24, 1999. William G. Bell, Miami, FL, for plaintiff. Thomas L. Henderson, Lewis, Fisher, Henderson & Claxton, Memphis, TN, for defendants. ORDER K. MICHAEL MOORE, District Judge. THIS CAUSE c...
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45 F.Supp.2d 1231 (1999) UNITED STATES of America, Plaintiff, v. John J. PAPPERT, Defendant. No. Crim.A. 94-2001601KHV. United States District Court, D. Kansas. April 6, 1999. *1232 Tanya J. Treadway, Office of the U.S. Atty., Kansas City, KS, for Plaintiff. MEMORANDUM AND ORDER VRATIL, District Judge. This matter comes before the Court on defendant John J. Pappert's amended Motion Under 28 U.S....
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MEMORANDUM OPINION AND ORDER Plaintiff Chicago School Reform Board of Trustees (“the Board”) moves for a preliminary and permanent injunction prohibiting defendants Diversified Pharmaceutical Services, Inc. and SmithKline Beecham PLC from continuing an arbitration defendants initiated in the State of Minnesota. For the following reasons, the court grants the Board’s motion for a preli...
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42 F. Supp. 2d 872 (1999) Mark CUNNINGHAM, et al., Individually and On Behalf of All Others Similarly Situated, Plaintiffs, v. PFL LIFE INSURANCE COMPANY, et al., Defendants. No. C 98-67 MJM. United States District Court, N.D. Iowa, Cedar Rapids Division. April 7, 1999. *873 *874 *875 *876 *877 *878 Roger T. Stetson, Michael R. Reck, Belin Lamson McCormick Zumbach Flynn, Des Moines, IA, Judy S. H...
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47 F. Supp. 2d 256 (1999) RETROFIT PARTNERS I, L.P. and Advanced Executive Aircraft, Inc., Plaintiffs, v. LUCAS INDUSTRIES, INC., Defendant. No. 3:96 CV 1732(GLG). United States District Court, D. Connecticut. March 30, 1999. *257 David L. Belt, William M. Bloss, Jacobs, Grudberg, Belt & Dow, P.C., New Haven, CT, for plaintiffs. Lori J. Kremidas, Elizabeth D. Ward, Dechert Price & Rhoads,...
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44 F.Supp.2d 442 (1999) Lorraine J. PETTOLA, Plaintiff, v. NISSAN MOTOR ACCEPTANCE CORP., Defendant. No. 3:98CV2108 (GLG). United States District Court, D. Connecticut. April 9, 1999. *443 Bernard T. Kennedy, Branford, CT, for plaintiff. William J. O'Sullivan, Baker & Fulco, P.C., Wethersfield, CT, for the defendant, Nissan Motor Acceptance Corp. OPINION GOETTEL, District Judge. This single-...
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44 F. Supp. 2d 717 (1999) Stephen BARRETT, M.D., Plaintiff, v. The CATACOMBS PRESS, James R. Privitera, M.D., Alan Stang, M.A., Darlene Sherrell, and CDS Networks Inc., Defendants. No. Civ. 99-736. United States District Court, E.D. Pennsylvania. April 12, 1999. *718 *719 *720 Steven A. Bergstein, Allentown, PA, for plaintiff. Malcolm J. Gross, Allentown, PA, Charles W. Elliott, Easton, PA, Barba...
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42 F. Supp. 2d 1024 (1999) Mahfooz RIZVI, Petitioner, v. Joseph CRABTREE, Warden, Federal Correctional Institution, Sheridan, Oregon, Respondent. No. Civ. 98-459-JO. United States District Court, D. Oregon. March 25, 1999. Christine S. Dahl, Assistant Federal Public Defender, District of Oregon, Federal Public Defender's Office, Portland, OR, for petitioner. Craig J. Casey, Assistant United State...
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45 F. Supp. 2d 812 (1999) Judy TRUITT, Plaintiff, v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. No. Civ. 98-6160-JO. United States District Court, D. Oregon. March 9, 1999. *813 Brent Wells, Johnson Cram Harder & Wells, Eugene, OR, for plaintiff. William W. Youngman, Assistant United States Attorney, United States Attorney, Portland, OR, Javes Myung, Office of General Coun...
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ORDER Presently before the Court is Defendant’s motion for summary judgment (Docket No. 11). Plaintiff has responded to said motion, and Defendant has replied. For the reasons stated below, the Court grants Defendant’s motion. Judgment will be entered accordingly. A. Background 1 This suit is, at its heart, a controversy over school discipline and classroom administr...
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44 F. Supp. 2d 1105 (1999) DEL WEBB CONSERVATION HOLDING CORP., an Arizona corporation, Plaintiff, v. Ronald L. TOLMAN, Jason D. Tolman, C. Brandon Prychodnik, Brent S. Tolman, U.S. Resources Management, an association, U.S. Resources Management Trust, Berge Dadourian, The Berge J. Dadourian Charitable Remainder Trust, Lucia Dadourian, Lucia Dadourian Charitable Remainder Trust, Martin Schaffer, ...
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45 F. Supp. 2d 457 (1999) April PAGE, a minor, by and through her parents and natural guardians, Raymond and Georgene PAGE, Raymond Page, in his own right, and Georgene Page, in her own right, Plaintiffs, v. The SCHOOL DISTRICT OF PHILADELPHIA, Marty Warten, Harry Gafney, and R. Waldman, individually and as employees of the School District of Philadelphia, The City of Philadelphia, and Zulka, Pol...
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47 F.Supp.2d 1008 (1999) Eric REID, Petitioner, v. Thomas PAGE, Respondent, No. 98-2124. United States District Court, C.D. Illinois, Danville/Urbana Division. April 14, 1999. *1009 Eric Reid, Menard Correctional Center, Menard, IL, plaintiff pro se. Courtney D. Carter, Office of Illinois Attorney General, Chicago, IL, for defendant. ORDER McCUSKEY, District Judge. On June 2, 1998, Petitioner Er...
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ORDER This matter is before the court on Plaintiffs’ motions to compel discovery [19-1, 20-1], Plaintiffs’ motion to serve additional interrogatories [21-1], Plaintiffs’ motion for summary judgment [22-1], Plaintiffs’ motion for extension of time for discovery [25-1], Defendant’s motion for sanctions [30-1], Plaintiffs’ motion for extension of time to file a consolidated pretrial order [32-1], ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Background Plaintiff, Sandra L. Craft (“Sandra”), filed this action seeking to quiet title to the proceeds of the sale of certain real property located at 2656 Berwyck Road in Grand Rapids, Michigan (the “Berwyck Property”), which Plaintiff had owned with her husband, Don Craft (“Don”) as tenants by the entireties. Specifically, Plaintiff alleged that a...
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42 F. Supp. 2d 578 (1999) Christopher ROBINSON, Plaintiff, v. NEW LINE CINEMA CORPORATION, et al., Defendants. No. Civ. AMD 97-3859. United States District Court, D. Maryland. April 13, 1999. *579 *580 Francis Joseph Gorman, Paul A. Chin, Gorman & Williams, Baltimore, MD, for plaintiff. Nell B. Strachan, Dino S. Sangiamo, Melissa F. Cordish, Veronica P. Jones, *581 Venable, Baetjer & Howa...
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42 F.Supp.2d 1019 (1999) Narash GINDA, Plaintiff, v. EXEL LOGISTICS, INC., Defendant. No. Civ.S-98-0239FCDDAD. United States District Court, E.D. California. April 15, 1999. *1020 John M. Riestenberg, Law Offices of John M. Riestenberg, Sacramento, CA, for plaintiff. Robert M. Pattison, Seth L. Neulight, Jackson, Lewis, Schnitzler & Krupman, San Francisco, CA, for defendant. MODIFIED MEMORA...
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MEMORANDUM Plaintiff Southeastern Pennsylvania Transportation Authority (“SEPTA”) seeks a declaration that its headquarters and all other property it owns is exempt from local real estate taxes. It also requests an injunction to prohibit the assessment and levying of such taxes. Before the court is the motion of the defendants to dismiss for lack of subject matter jurisdiction because...
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45 F. Supp. 2d 945 (1999) Dean Butch WILSON, et al., Plaintiffs, v. John W. JONES, Jr., et al., Defendants. No. Civ.A. 96-1052-BH-M. United States District Court, S.D. Alabama, Northern Division. March 29, 1999. *946 Algert S. Agricola, Jr., Algert S. Agricola, Jr., (See above), Montgomery, AL, Albert L. Jordan, Wallace, Jordan, Ratliff & Brandt, Birmingham, AL, for Dean Butch Wilson, plainti...
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Memorandum Opinion INTRODUCTION On June 24, 1994, the Alabama State Fair Authority (“ASFA”, “debtor” or “debtor in possession”), filed a voluntary petition for bankruptcy under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Northern District of Alabama. In re Alabama State Fair Authority, BK 94-03695-BCG-9. 1 Discov...
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MEMORANDUM Plaintiff, Sarah Rebecca Dachman, M.D., an Orthodox Jew and a former employee of the Food and Drug Administration (“FDA”), an agency of the Department of Health & Human Services, instituted this action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e (“Title VII”). Her claims include one or more of the following theories: sex discrimination, race d...
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OPINION Defendant City of Newark and individual defendants move to dismiss the complaint of plaintiffs Ibrahim Abdul-Haqq, Abdul Hakim Sadruddin and Raymond Hunter for failure to state a claim upon which relief can be granted. The motion is denied. Factual Background Ibrahim Abdul-Haqq (“Haqq”) had been employed as a Newark City Firefighter and Battalion Chief since 1983. Th...
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44 F.Supp.2d 134 (1999) M & L POWER SERVICES, INC., Plaintiff, v. AMERICAN NETWORKS INTERNATIONAL, Lucent Technologies, Inc. and St. Paul Fire & Marine Insurance Company, Defendants. No. C.A. 98-268L. United States District Court, D. Rhode Island. April 15, 1999. *135 Joseph J. Reale, Jr., Providence, RI, for plaintiff. Peter L. Kennedy, R. Bart Totten, Adler Pollock & Sheehan, Provid...
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*85 OPINION Forty acres and a mule. As the Civil War drew to a close, the United States government created the Freedmen’s Bureau to provide assistance to former slaves. The government promised to sell or lease to farmers parcels of unoccupied land and land that had been confiscated by the Union during the war, and it promised the loan of a federal government mule to plow that land. Some African...
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OPINION Plaintiff Lori A. Meckenberg (“Mecken-berg”) brings this action against defendants New York City Off-Track Betting (“OTB”), Hazel Dukes (“Dukes”), Nicholas Romano (“Romano”), and Robert Palumbo (“Palumbo”), asserting claims under Title VII of the 1964 Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1983, and common law breach of contract and intentiona...
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OPINION On March 25, 1999, this Court, ruling from the bench, upheld the constitutionality of Subtitle C of the Violence Against Women Act, 42 U.S.C. § 13981, which entitles any person injured by a gender-motivated crime of violence to sue the perpetrator in federal court. Very shortly thereafter, the instant case settled. Nonetheless, because this Court’s decision was apparently the ...
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MEMORANDUM ORDER On October 22, 1997, plaintiff Ashanti Chimurenga, an attorney, was arrested for allegedly attempting to smuggle contraband into the Adolescent Reception and Detention Center on Riker’s Island. See Rule 56.1 Statement of Defendant Tyrone Fields (“Fields 56.1 Stmt.”) ¶¶ 3, 23; Pl. Response to Fields 56.1 Stmt. ¶¶ 3, 23. The incident arose when plaintiff, who...
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42 F. Supp. 2d 184 (1999) DOCTOR'S ASSOCIATES, INC., Plaintiff, v. Terry QUINN, Defendant. No. Civ. 3:98CV2022 (PCD). United States District Court, D. Connecticut. March 3, 1999. *185 Kevin M. Kennedy, Wiggin & Dana, New Haven, CT, for plaintiff. Nicholas E. Wocl, Brenden P. Leydon, Tooher & Wocl, Stamford, CT, for defendant. RULING ON PETITION TO COMPEL ARBITRATION AND MOTION FOR INJUNC...
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44 F.Supp.2d 1168 (1999) Julius PRINGLE, Plaintiff, v. UNITED STATES of America, Defendant. No. Civ.A. 98-1085-MLB. United States District Court, D. Kansas. April 8, 1999. Paul F Elkin, U.S. Department of Justice, Civil Division, James F. McConnon, Special Attorney, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, for defendant. Steven L. Hornbaker, Harper, Hornbaker, Alt...
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RULING Before the Court by referral is a Motion for Partial Summary Judgment filed by the defendants in regards to the plaintiffs complaint in which it seeks to recover allegedly unpaid sums owed it on a federal construction contract. As this case revolves around a federal construction contract covered by the Miller Act, 40 U.S.C. § 270a et seq., we have “arising under” jurisdiction pursuan...
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45 F. Supp. 2d 187 (1999) UNITED STATES of America, Plaintiff, v. 43.47 ACRES OF LAND, More or Less, Situated in the County of Litchfield, Town of Kent, et al., Defendants. Schagticoke Tribal Nation, Plaintiff, v. Kent School Corporation, Inc., et al., Defendants. Civil Nos. H-85-1078 (PCD), Civ. 3:98cv1113 (PCD). United States District Court, D. Connecticut. March 31, 1999. *188 *189 John B. Hug...
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44 F.Supp.2d 422 (1999) NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (NAACP), and New Haven Branch of the NAACP, Plaintiffs, v. TOWN OF EAST HAVEN and East Haven Board of Education, Defendants. No. Civ. 393CV1050(PCD). United States District Court, D. Connecticut. March 22, 1999. *423 *424 David N. Rosen, Rosen & Dolan, P.C., New Haven, Connecticut, David L. Rose, Joshua Rose, W...
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RULING ON MOTION TO DISMISS Defendants Titan Sports, Inc., (“Titan”), World Wrestling Federation (“WWF”) and USA Network (“USA”) (collectively referred to as “Defendants”) move to dismiss Plaintiff World Championship Wrestling’s (“WCW”) complaint pursuant to Fed. R.CtvP. 12(b)(6). I. BACKGROUND FACTS The following facts alleged in the Complaint are taken as true. Plainti...
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45 F. Supp. 2d 1279 (1999) State of UTAH, Plaintiff, v. The UNITED STATES DEPARTMENT OF the INTERIOR, et al., Defendants, Private Fuel Storage, L.L.C., Defendant-Intervenor. United States ex rel. Sammy Blackbear, Sr., et al., Plaintiffs, v. Bruce Babbitt, et al., Defendants. Nos. 2:98 CV 380 K, 2:99 CV 156 K. United States District Court, D. Utah, Central Division. April 9, 1999. *1280 Philip C P...
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45 F. Supp. 2d 157 (1999) Dung Anh TRAN, Petitioner, v. UNITED STATES of America, Respondent. Civil No. 97-2153 (GG). Criminal No. 84-177 (GG). United States District Court, D. Puerto Rico. March 31, 1999. *158 Rachel Brill, Hato Rey, PR, for petitioner. Guillermo Gil, U.S. Attorney, Joseph V. Hoffer, Assistant U.S. Attorney, Hato Rey, PR, for respondent. *159 OPINION AND ORDER GIERBOLINI, Seni...
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MEMORANDUM OPINION I. Introduction Before entéring into a conditional guilty plea, defendant Dennis Gwinn requested that the Court suppress evidence of two guns, a Winchester 12 gauge shotgun and a Smith & Wesson .38 caliber revolver, found in Mr. Gwinn’s home. The 12 gauge shotgun was found underneath Mr. Gwinn’s living room couch. The .38 caliber revolver was found in a ...
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MEMORANDUM OPINION AND ORDER Before the court is respondent the Immigration and Naturalization Service’s mo *779 tion to dismiss the petition for writ of habeas corpus and “to revoke the bond set on December 17, 1998” pursuant to Federal Rule of Civil Procedure 12(b)(1). For the reasons that follow, the court grants respondent’s motion to dismiss and to revoke the bond. I. BACKGROUND ...
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MEMORANDUM OPINION AND ORDER Before the court is respondents’ motion to dismiss petitioner’s petition for writ of habeas corpus for lack of subject matter jurisdiction. For the reasons that follow, the court grants respondents’ motion to dismiss. I. BACKGROUND Petitioner Jose Eleazar Landeros-Cisneros (“Cisneros”) is a citizen of Mexico who became a lawful permanent resident of the United States...
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OPINION AND ORDER This case involves a dispute over reinsurance “treaties” petitioner Employers Insurance of Wausau acquired at Lloyd’s of .London. The treaties obligated the underwriters (or Retrocessionaires) to reimburse petitioner for certain types of claims made upon it. The Retrocessionaires denied that they were bound under the treaties to reimburse petitioner for certain asbestos-...
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MEMORANDUM OPINION This matter comes before the Court on Cross-Motions for Summary Judgment. 1 The relevant undisputed facts are set forth below. The Woodrow Wilson Bridge (the “Bridge”) is a six-lane drawbridge linking interstates 1-495 and 1-95. It is designed to carry approximately 75,000 vehicles per day across the Potomac river. It lies a few miles south east of t...
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ORDER For the reasons expressed in the Report and Recommendation of the Honorable Ronald J. Hedges. United States Magistrate Judge, filed on February 25, 1999; and this Court receiving no objection thereto: It is on this 1st day of April, 1999 ORDERED that this action is remanded to the Superior Court of New Jersey, Law Division, Monmouth County; and it is further ORDER...
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ORDER On March 31, 1999, the Court heard argument on plaintiffs’ motion for costs and attorney fees after remand. David M. Given and Paul Karl Lukács appeared on behalf of plaintiffs; Paul Raynor Keating appeared for defendant Jello Biafra. Having considered the arguments of counsel, the papers submitted, the applicable law, and the record in this case, the Court hereby GRANTS the motion. I. ...
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OPINION Plaintiff commenced this civil rights action seeking redress for the alleged use of excessive force during an investigatory stop on July 26, 1995, in the City of Pittsburgh, Pennsylvania. Plaintiff filed his complaint in the Court of Common Pleas of Allegheny County. Defendants filed a notice of removal pursuant to 28 U.S.C. § 1441 on the ground that the complaint asserts clai...
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OPINION and ORDER OF COURT Plaintiffs Bryan C. Donohue, M.D., and John Cava, M.D., conduct a medical practice in cardiology located in Washington, Pennsylvania. Donohue and Cava employ Plaintiff Christopher Allen, M.D., a black physician, who is certified in and specializes in internal medicine and cardiology, and who also holds a sub-specialty in interventional cardiology....
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44 F.Supp.2d 747 (1999) In the Matter of Shawn R. PARIS. Iron Workers Trust Fund Local No. 5, Washington, DC. No. Civ. S 99-613. United States District Court, D. Maryland. April 15, 1999. Nathaniel C. Fick, Fick & Petty, Towson, MD, for Shawn R. Paris, plaintiff. Francis J. Martorana, Daniel J. McNeal, O'Donoghue & O'Donoghue, Washington, DC, for Iron Workers Trust Fund Local No. 5, Washi...
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42 F. Supp. 2d 957 (1999) ESTATE OF Maria Teresa MACIAS, Plaintiff, v. Deputy Sheriff Mark LOPEZ, County of Sonoma, Defendants. No. C-96-3658 DLJ. United States District Court, N.D. California. March 5, 1999. *958 *959 Richard A. Seltzer, Seltzer and Cody, Oakland, CA, Dennis Cunningham, San Francisco, CA, for Plaintiff. Michael D. Senneff, Senneff, Kelly, Kimelman & Miller, Santa Rosa, CA, f...
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MEMORANDUM AND ORDER U.S. Underwriters Insurance Company (“U.S.Underwriters”) commenced a declaratory judgment action against TNP Trucking, Inc. (“TNP”), seeking a declaration that it has no obligation to defend or indemnify TNP in connection with a personal injury action pending in New York State Supreme Court. The state action charges TNP with negligence. While disclaiming any oblig...
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45 F. Supp. 2d 469 (1999) LAUREL CAPITAL GROUP, INC., Laurel Savings Bank, Plaintiffs, v. BT FINANCIAL CORPORATION, Laurel Bank, Defendant. No. Civ.A. 97-311J. United States District Court, W.D. Pennsylvania. April 15, 1999. *470 *471 *472 *473 Hunter A. McGeary, Jr., Dickie, McCamey & Chilcote, Pittsburgh, PA, David M. Kelly, Kristen K. Darnell, Julia Anne Matheson, Finnegan, Henderson, Fara...
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44 F.Supp.2d 41 (1999) Shirley BROWN, Plaintiff, v. GINO MORENA ENTERPRISES and United Food & Commercial Workers Union Chartered by UFCW AFL— CIO, CLC Local 400, Defendants. No. Civ.A. 96-53 SSH. United States District Court, District of Columbia. March 26, 1999. *42 *43 Lloyd Felix Ukwu, Washington, DC, Victor Mba-Jones, Mba-Jonas & Associates, Langley Park, MD, for plaintiff. Deirdre R....
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OPINION This matter is before the Court on defendants’ motion to dismiss, plaintiffs’ response, defendants’-reply, and both parties’ supplemental memoranda. Upon consideration of plaintiffs’ amended' complaint and the relevant pleadings, the Court grants defendants’ motion in part and denies it in part. “Findings of fact and conclusions of law are unnecessary on decisions' of motions ...
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OPINION The State Bank of Pakistan has moved to dismiss this action between a Cayman Islands bank and the central bank of Pakistan for breach of a loan agreement on the grounds of forum non conveniens. That motion is granted because Pakistan is an adequate alternate forum for this dispute and because the convenience of the parties and the ends of justice are best served by having the ...
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ORDER GRANTING MOTION FOR SUMMARY JUDGMENT ON FEDERAL CLAIMS and FINAL ORDER OF DISMISSAL THIS CAUSE is before the Court upon Defendants’ Motion for Summary Judgment [DE 31]. The Court has carefully considered the motion and the record, and is fully advised in the premises. I. BACKGROUND Plaintiffs Second Amended Complaint contains fourteen counts, alleging the following vio...
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MEMORANDUM OPINION AND ORDER On remand, the only remaining issue in this case is whether plaintiff Joromi H. Bazuaye (“Bazuaye”) is entitled to a trial on his claim that a Postal Inspector’s “seizure” of $11,000 from him was wrongful and amounted to the tort of conversion. It is undisputed that a Postal Inspector obtained the $11,000 from a bailbondsman to whom Bazuaye had entrusted it. After o...
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ORDER REMANDING CASE TO STATE COURT This matter is before the court on the motion of Plaintiffs James D. Delaney and Patricia L. Delaney to remand this case to the 6th Judicial District Court of Lamar County, Texas, filed on December 9,1998. See Dkt. # 4. On December 21, 1998, Defendants Viking Freight, Inc., (“Viking Freight”) and Central Freight, Inc., (“Central Freight”)...
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ORDER Before the court is Defendants’ Motion for Summary Judgment [Tab # 45]. Having carefully considered the arguments presented, the relevant case law and the record as a whole, the court issues the following order. I. Facts The following are the facts given in a light most favorable to the non-movant (plaintiff). During the period of time in which the alleged incidences of se...
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*910MEMORANDUM OPINION AND ORDER This matter comes before the Court upon the Report and Recommendation of Magistrate Judge David S. Perelman. For the reasons stated below, the Report and Recommendation (Document # 14) is ADOPTED and the Petition for Writ of Habeas Corpus (Document # 1) is DENIED and the Petition is DISMISSED. Factual and Procedural Background Petitioner, Herbert Mangus, filed this...
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MEMORANDUM OF DECISION AND ORDER THIS MATTER is before the Court on Plaintiffs’ Motion to Remove State Action Pursuant to 28 U.S.C. § 1441 [document no. 90, filed 23 November 1998], Defendants’ Motion for Summary Judgment and Dismissal [document nos. 89-1 and 89-2, filed 23 November 1998], and Plaintiffs’ Motion for Summary Judgment [document no. 92, filed 10 December 1998]. I. FACTUAL BACKGR...
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ORDER AND MEMORANDUM OF DECISION Plaintiff Sherri Kelley (“Plaintiff’) alleges that her employer, Defendant Maine Eye Care Associates, P.A. (“Defendant”), fired her from her position as an optical lab technician because of her membership in the United States Army Reserves in violation of the Uniform Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301-4333 (“USERRA”). Defend...
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44 F.Supp.2d 1042 (1999) Moshe LEVI and Simon Arouas, doing business as The Reel One, Plaintiffs, v. CITY OF ONTARIO, Defendant. No. CV 96-7559 SVW (SHx). United States District Court, C.D. California. January 14, 1999. *1044 Roger Jon Diamond, Santa Monica, CA, for plaintiffs. Robert E. Dougherty, Eric S. Vail, Covington & Crowe, LLP, Ontario, CA, for defendant. FINDINGS OF FACT AND CONCLUS...
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OPINION Plaintiff Woody Voinche, proceeding pro se, brought these civil actions to challenge the responses of the Federal Bureau of Investigation to two separate requests he made for documents under the Freedom of Information Act, 5 U.S.C. § 552. In each case, the FBI withheld responsive information on the basis of certain exemptions set forth in the FOIA. Given the similar...
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45 F.Supp.2d 982 (1999) RIBBENS INTERNATIONAL, S.A. de C.V., a Mexican corporation, Plaintiff, v. TRANSPORT INTERNATIONAL POOL, INC., a Pennsylvania corporation, dba GE Capital Modular Space, Inc., Defendant. Transport International Pool, Inc., a Pennsylvania corporation, dba GE Capital Modular Space, Counterclaimant, v. Ribbens International, S.A. de C.V., a Mexican corporation, Counter-defendan...
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DECISION AND ORDER INTRODUCTION This is an action brought pursuant to 42 U.S.C. § 405(g) to review the final determination of the Commissioner of the Social Security Administration that plaintiff was not disabled prior to his established onset-of-disability date and, thus, was not entitled to additional benefits. I find that the Commissioner’s decision is supported by substantial evidence a...
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OPINION AND ORDER Plaintiffs motion to amend the complaint pursuant to Federal Rules of Civil Procedure 15(a) is hereby granted in part to the extent that it alleges retaliation for the exercise of First Amendment rights in violation of 42 U.S.C. § 1983 (“ § 1983”). Defendants’ motion under Fed.R.Civ.P. 12(c) is granted in part and denied in part; all claims under § 1983 for the depri...
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*880 MEMORANDUM OPINION This matter comes before the Court on appeal of the Order of the United States Bankruptcy Court for the District of New Jersey dated June 30,1998. For the reasons expressed herein, the Order of the bankruptcy court is affirmed. BACKGROUND Mac-Tav, Inc. (“Mac-Tav”) filed a petition for relief under Chapter 11 of the United States Bankruptcy Co...
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*269 ORDER Pending before the Court is Appellants Samuel and Connie Ranges’ (“Ranges”) Appeal of the Bankruptcy Court’s Decision (Bankr.No. 92-47702, Instrument No. 72). Having reviewed the submissions of the parties and the applicable law, the Court has determined that the bankruptcy court’s decision should be AFFIRMED in part, and VACATED and REMANDED in part. I. Samuel H. Range (“Mr....
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*127 RULING ON DEFENDANT’S MOTION TO JOIN ADDITIONAL PARTIES This case arises out of defendant’s refusal to sell plaintiff a parcel of real property. The plaintiff has made claims for breach of contract, detrimental reliance, and specific performance. The defendant answered and counterclaimed, alleging that the plaintiff had violated CUTPA and committed fraud or misrepresentation. At present, d...
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44 F.Supp.2d 439 (1999) Jerry BLOOM, Plaintiff, v. JEWISH HOME FOR THE ELDERLY OF FAIRFIELD COUNTY, INC., Defendant. No. 3:98CV00122 WWE. United States District Court, D. Connecticut. April 6, 1999. *440 Jerry Bloom, Fairfield, CT, pro se. Hugh F. Murray, III, Murtha, Cullina, Richter & Pinney, Hartford, CT, April Lieberman, Murtha, Cullin, Richter & Pinney, New Haven, CT, for defendant. ...
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RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT INTRODUCTION Defendant Pratt & Whitney (“P & W”) moves this Court for an order of summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, alleging that plaintiff Thomas A. Wiseman (“Wiseman”) has failed to meet his burden of production in this Title VII case. Wiseman, an African-American, brin...
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RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT INTRODUCTION Plaintiffs Mr. and Mrs. H., parents of J.H., a minor special education student, bring this action against defendants, Region 14 Board of Education (the “Board”), and its special services director, Norman Bond (“Bond”), pursuant to the Individuals with Disabilities Act (“IDEA”), 20 U.S.C. Section 1415 and 42 U.S.C. Section 1983. Both ...
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45 F. Supp. 2d 538 (1999) Boyd Allan WOODRUM, Plaintiff, v. THOMAS MEMORIAL HOSPITAL FOUNDATION INC., Defendant. No. Civ.A. 2:98-0520. United States District Court, S.D. West Virginia, Charleston Division. April 12, 1999. Douglas Miller, Charleston, WV, for plaintiff. Charles M. Surber, Jr., Erin Magee Condaras, Jackson & Kelly, Charleston, WV, for defendant. MEMORANDUM OPINION AND ORDER HAD...
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RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff Kevin Walsh alleges that his employer, United Cable Technologies Services Corporations and Telecommunications, Inc. (“United Cable”), violated the Age Discrimination in Employment Act (“ADEA”). Specifically, Walsh claims that United Cable discriminated against him by eliminating his position in a division reorganization, and by selec...
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RULING ON DEFENDANT’S MOTION TO DISMISS IN PART INTRODUCTION This matter is before the Court on defendant Saint Mary’s Hospital’s Motion to Dismiss in part Plaintiffs claims, which assert violations of Title VII, 42 U.S.C. Section 1981, Connecticut General Statute Section 46(a) and Connecticut General Statute 46a-60. The Complaint is brought in three counts. Defendant’s motion is brought ...
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45 F.Supp.2d 981 (1999) Susan WILLIAMS, Plaintiff, v. TOWN OF SOUTHINGTON, Defendant. No. 3:98CV1638 WWE. United States District Court, D. Connecticut. April 13, 1999. John R. Williams, Williams, Polan & Pattis, New Haven, CT, for plaintiff. Kerry R. Callahan, James Newhall Tallberg, Updike, Kelly & Spellacy, P.C., Hartford, CT, for defendant. RULING ON MOTION TO DISMISS AMENDED COMPLAIN...
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45 F. Supp. 2d 1326 (1999) Stephen F. ANDERSON, et al., etc., Plaintiffs, v. AETNA SERVICES, INC., etc., Defendant. No. 97-2519-Civ-T-17E. United States District Court, M.D. Florida, Tampa Division. February 22, 1999. Austin Dean Hoolihan, Hoolihan, Hilleboe & Wollett, P.A., Clearwater, FL, F. Wallace Pope, Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Clearwater, *1327 FL, for Ste...
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43 F. Supp. 2d 39 (1999) Luella S. CHRISTOPHER, Plaintiff, v. James H. BILLINGTON, Librarian of Congress, Defendant. No. Civ.A. 89-2313 SSH. United States District Court, District of Columbia. April 14, 1999. *40 *41 Lynne K. Zusman, Washington, DC, for plaintiff. Madelyn Johnson, U.S. Attorney's Office, Washington, DC, Lana Kay Jones, Associate General Counsel, Office of General Counsel, Washing...
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MEMORANDUM OPINION Before the Court is defendant’s motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. On February 15, 1994, a jury convicted defendant of attempted money laundering in violation of 18 U.S.C. § 1956(a)(3) and 2. 1 Before being sentenced by the Court, defendant filed a motion for a sentencing departure and an accompanying memoran...
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45 F. Supp. 2d 1305 (1999) UNITED STATES of America, v. Rickie TEMMIS. No. CR. 98-141-S. United States District Court, M.D. Alabama, Southern Division. March 18, 1999. Redding Pitt, U.S. Attorney, Montgomery, AL, for plaintiff. Christine Freeman, Federal Defenders Office, Montgomery, Alabama, for defendant. MEMORANDUM OPINION AND ORDER DE MENT, District Judge. Before the court is Defendant's Mot...
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43 F. Supp. 2d 1298 (1999) Gladys MOSS, Plaintiff, v. VOYAGER INS. COS., et al., Defendants. No. Civ.A. 98-D-1254-E. United States District Court, M.D. Alabama, Eastern Division. January 28, 1999. *1299 Robert S. Thompson, Tuskegee, AL, for plaintiff. Michael Lester Bell, Birmingham, AL, Robert F. Northcutt, Montgomery, AL, for defendants. MEMORANDUM OPINION AND ORDER DE MENT, District Judge. Be...
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OPINION This is a habeas corpus case. Petitioner, Robert Allen Gattis, is a state prisoner incarcerated at the Delaware Correctional Center (“DCC”) in Smyrna, Delaware. Respondent, Robert Snyder, is the warden *348 of the DCC. Gattis is contesting the constitutionality of his murder conviction and his death sentence. On September 22, 1992, a jury in the New Castle County...
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OPINION This is a patent case. Plaintiff KX Industries, L.P. is a limited partnership or *311 ganized under the laws of Delaware with its principal place of business in Orange, Connecticut. Plaintiff Koslow Technologies Corporation is a Connecticut corporation with its principal place of business in Orange, Connecticut. Koslow Technologies is the owner of U.S.Patents Nos. 5,2...
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ORDER This cause is before the Court on Defendant’s Motion for Summary Judgment (Doc. # 15; Defendant’s Motion), filed on February 17, 1998, and Plaintiffs Motion for Summary Judgment (Doc. # 19; Plaintiff’s Motion), filed on February 26, 1998. The parties have responded to each other’s motions. See Plaintiffs Memorandum of Law in Support of Plaintiffs Motion for Summary Ju...
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MEMORANDUM & ORDER The plaintiffs, Brenda Curtis (“Curtis”) and Alvin Williamson (“Williamson”), former at-will employees of Citibank, N.A. (“Citibank”), brought this action alleging that they “were forced to work in a racially hostile environment” because the defendants sent, and one (James Captain) encouraged sending, electronic mail messages (“e-mails”) that were allegedly offensiv...
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45 F.Supp.2d 1308 (1999) JOHNSTON INDUS. INC., et al., Plaintiffs, v. MILLIKEN & CO., et al., Defendants. No. Civ.A. 98-D-1255-E. United States District Court, M.D. Alabama, Eastern Division. March 23, 1999. *1309 Jere L. Beasley, Montgomery, AL, for plaintiff. Ronald G. Davenport, Montgomery, AL, James R. McKoon, Jr., Phenix City, AL, J. Pelham Ferrell, Clayton, GA, Michael T. Dawkins, Jacks...
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45 F. Supp. 2d 1295 (1999) Marlon E. PARRIS, Plaintiff, v. TOWN OF ALEXANDER CITY, et al., Defendants. No. Civ.A. 98-D-85-E. United States District Court, M.D. Alabama, Eastern Division. February 10, 1999. *1296 Kyla L. Groff, Alexander City, AL, Charles E. Robinson, Jr., Ashville, AL, for plaintiff. Randall C. Morgan, Montgomery, AL, Alex L. Holtsford, Jr., Montgomery, AL, for defendant. MEMORA...
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44 F.Supp.2d 1240 (1999) Michael L. CARR, Plaintiff, v. William S. COHEN, Secretary of Defense, Defendant. No. Civ.A. 97-D-1033-N. United States District Court, M.D. Alabama, Northern Division. February 3, 1999. *1241 Julian L. McPhillips, Jr., Montgomery, AL, for plaintiff. Leura J. Garrett, U.S. Attorney's Office, Montgomery, Alabama, Robert E. Sutemeier, U.S. Dept. Defense, Pensacola, FL, for ...
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OPINION Defendants D.A.O.R. Security, Inc., Mohammed Islam, the New York City Department of Homeless Services and Lean-dra Barbieri move for summary judgment pursuant to Rule 56, F.R. Civ. P. to dismiss the complaint of plaintiff Debrah Sowemimo. Plaintiffs complaint against defendants alleges employment discrimination based on sexual harassment and retaliatory discharge under Title V...
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ORDER ON MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT This cause is before the Court on Defendant’s Motion to Dismiss (Dkts.8-9) which *1330seeks to dismiss Plaintiffs request for attorney’s fees found in paragraph eight of Plaintiffs’ Complaint. Plaintiffs did not file a response to this Motion. Also before the Court is Defendant’s Motion for Summary Judgment (Dkts.12-14). Plaintiffs file...
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ORDER This cause came on for trial in Jones-boro, Arkansas from May 20, 1997 through May 23, 1997. Pursuant to the Court’s directive, the parties have submitted post-trial pleadings, and in accordance with the findings of fact and conclusions of law made below, the Court finds that Defendant Bartell Industries, Inc. (hereinafter “Bartell”) did infringe Plaintiff’s 220 paten...
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44 F.Supp.2d 1269 (1999) INSIGHT INSTRUMENTS, INC., a Florida corporation, Plaintiff, v. A.V.I.-ADVANCED VISUAL INSTRUMENTS, INC., a New York corporation, Defendant. No. 98-1285-CIV-ORL-22B. United States District Court, M.D. Florida, Orlando Division. March 24, 1999. Robert W. Duckworth, Holland & Knight, Maguire, Voorhis & Wells, LLP, Orlando, FL, James H. Beusse, Maguire, Voorhis &...
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45 F.Supp.2d 1330 (1999) UNITED STATES of America, Plaintiff, v. SEMINOLE TRIBE OF FLORIDA, Defendant. No. 97-1481-Civ-T-17A. United States District Court, M.D. Florida, Tampa Division. March 4, 1999. Adelaide G. Few, Warren A. Zimmerman, U.S. Attorney's Office, Tampa, FL, for plaintiff. Beverly A. Pohl, Beverly A. Pohl, P.A., Ft. Lauderdale, FL, Jerry C. Straus, Marsha Kostura Schmidt, Hobbs, St...
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Memorandum and Order The defendants took eight years to say “no” to an application to construct a low-level radioactive waste disposal site. In the process, they required the plaintiffs to spend more than $74 million. A large portion of that huge sum went directly to Nebraska. There is good reason to think that the license denial was politically preordained. In what may be the ultima...
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OPINION AND ORDER This is an appeal from a decision of the Bankruptcy Court Judge confirming the debtor Donahue’s Chapter 13 Plan of Reorganization and denying in part the creditor Tatko’s Motion for Relief from the automatic stay provision of the Bankruptcy Code. 11 U.S.C. § 362. See In re Donahue, 221 B.R. 105 (Bankr.Vt.1998). Tatko has appealed the following issues: (I) ...
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*299 Opinion and Order Before the Court is an appeal pursuant to 7 CFR § 1381.5(a) by The Organic Cow, LLC (“The Organic Cow”) from a final decision of the Northeast Dairy Compact Commission (the “Commission”). The Commission denied Organic Cow’s petition for an exemption from the Northeast Dairy Compact’s (the “Compact”) “over-order” assessment obligation. 1 Also befo...
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33 F. Supp. 2d 1291 (1999) Constance BAKER, Personal Representative of the Estate of Ricky G. Herron, Plaintiff, v. LANE COUNTY, Michael Boggs, Carol John, Ann Marie Hays, Steven C. Goins, Glenn W. Morgan, Reed Kratka, Jeffrey Robbins, and PeaceHealth, a non-profit Washington Corporation, doing business as Sacred Heart General Hospital, Defendants. No. Civ. 97-20-TC. United States District Court,...
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ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT This cause is before the Court for consideration of Plaintiffs Motion for Summary Judgment (Dkt.7) and Defendant’s Motion for Summary Judgment (Dkt.10). STANDARD OF REVIEW 1. Motion for Summary Judgment Summary judgment is appropriate if the “pleadings, depositions, answers to interrogatories, and admissions on file, together ...
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ORDER Pending before the Court is Defendant Rodney Lynn Bolton’s motion to dismiss the indictment. (Instrument No. 14). Based on the parties’ submissions and the applicable law, the Court finds that Defendant’s motion should be GRANTED. I. According to the Government, on April 9, 1998, the Texas Department of Public Safety (the “DPS”) executed a search warrant at Defendant R...
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OPINION & ORDER BACKGROUND This opinion emanates from the voluntary settlement of an action commenced by the United States of America against, inter alia, the International Brotherhood of Teamsters (‘TBT” or “the union”) and the IBT’s General Executive Board. The settlement is embodied in the voluntary consent order entered March 14, 1989 (“Consent Decree”). The go...
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*256 FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff Apollo Fuel Oil (“plaintiff’ or “Apollo”) brought this taxpayer’s suit for a refund of a $1,000 penalty assessed by the Internal Revenue Service (“IRS”) upon finding that plaintiff had used a non-taxable fuel oil for taxable purposes. With the parties’ consent, the case was tried before this Court on November 24, 1998. Based ...
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47 F. Supp. 2d 769 (1999) Hamid EDOO v. John KAPLINGER, District Director, Ins. No. Civ.A. 98-0211. United States District Court, W.D. Louisiana, Alexandria Division. February 25, 1999. John H. Thomas, New Orleans, LA, for Hamid Edoo, plaintiff. RULING LITTLE, Chief Judge. Before this court is the report of the magistrate recommending that we dismiss for lack of subject matter jurisdiction Edoo'...
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OPINION AND ORDER On November 24, 1996, plaintiff William Grdinich was shopping for an ironing board at defendant Bradlees’ store in Yonkers, New York. See Deposition of William Grdi-nich (“Grdinich Dep.”), dated June 23, 1998, Attached to the Declaration of Thomas P. Kinney (“Kinney Deck”), plaintiffs attorney, Ex. A at 9-10, 16, 25. Plaintiff claims that when he took an ironing board from its ...
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RULING ON DEFENDANTS’MOTION TO STRIKE AND TO DISMISS This lawsuit arises out of plaintiffs employment termination by Hartford Hospital. Plaintiff has filed a multi-count complaint, alleging discrimination on the basis of race, national origin and ethnicity in violation of Title VII (count one); discrimination and retaliation in violation of 42 U.S.C. § 1981 (count two); age discrimina...
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ORDER Defendants, Floyd Hester and Carol Hester (collectively, “the Hesters”), move to dismiss the interpleader complaint against them for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6). The motion is adequately briefed and oral argument will not materially aid its resolution. Subject-matter jurisdiction exists under 28 U.S.C. § 1340 by virtue of 26 U.S.C. §§ ...
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OPINION AND ORDER Table of Contents I. Procedural Background.605 II. Legal Standard for a Permanent Injunction.607 III. Discussion.607 A. Plaintiffs’ Medicaid Claim . 1. Legal Standard for a Private Right of Action Under 42 U.S.C. 1983 C3 2. Application of Standard. T — ( a. 42 U.S.C. 5 1396a(a)(10)(B) . 1 — ( b. Medicaid Act Regulations. 1 — ! ...
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44 F.Supp.2d 419 (1999) Marie MARCANO RIVERA, et al., Plaintiffs, v. PUEBLO INTERNATIONAL, INC., Defendant. No. Civ. 97-2306(RLA). United States District Court, D. Puerto Rico. March 31, 1999. Luis R. Mellado-González, Capital Center Sur, San Juan, PR, for plaintiffs. Jorge C. Pizarro-García, Totti & Rodriguez Diaz, San Juan, PR, for defendant. *420 ORDER IN THE MATTER OF POST TRIAL MOTIONS...
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ORDER GRANTING CLASS CERTIFICATION Zeirei Agudath Israel and Levi Suffrin claim that Avis Rent-A-Car Systems, Inc., denied them the benefits of a corporate ear-rental account on the basis their religion and ethnicity in violation of 42 U.S.C. § 19811 Specifically, the plaintiffs allege that Avis has created and maintains a “Yeshiva” policy that discriminates against Jewish persons and businesses....
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43 F. Supp. 2d 1357 (1999) Dawn QUICK, Plaintiff, v. TRIPP, SCOTT, CONKLIN & SMITH, P.A., Defendant. No. 97-6784-CIV. United States District Court, S.D. Florida. March 16, 1999. *1358 *1359 G. Ware Cornell, Jr., Ft. Lauderdale, FL, for plaintiff. Peter G. Herman, Ft. Lauderdale, FL, Arch Stokes, College Park, GA, for defendant. ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT GOLD, Dis...
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47 F.Supp.2d 1196 (1999) WESTERN LAND EXCHANGE PROJECT, a Washington nonprofit corporation; Central Oregon Forest Issues Committee, an Oregon nonprofit corporation; Wild Wilderness, an Oregon unincorporated association; and Sierra Club, Plaintiffs, v. Michael DOMBECK, Chief, U.S. Forest Service; Robert Williams, Regional Forester; and United States Forest Service, U.S. Department of Agriculture, ...
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45 F. Supp. 2d 1022 (1999) Brad SKRAMSTAD and Cindy Skramstad, Plaintiff, v. PLUM CREEK MERGER CO., INC., Plum Creek Management Co., Inc.; Plum Creek Management Co., L.P.; PC Advisory Partners I, L.P.; Plum Creek Marketing, Inc.; Plum Creek Manufacturing Co. Inc; and Does A-Z, Defendants. No. CV 97-087-GF-DWM. United States District Court, D. Montana, Great Falls Division. April 16, 1999. *1023 T...
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OPINION AND ORDER Defendants Pérez y Compañía de Puerto Rico, Inc. (“Pérez”) and Phoenix Assurance Company of New York (“Phoenix”) have brought third-party claims in this admiralty case. Plaintiffs Zeus Projects Limited (“ZPL”) and Lloyd’s Underwriters and Certain Insurance Companies at the Institute of London Underwriters (“Underwriters”) have moved to dismiss the third-party complaint. Third-pa...
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*617OPINION The question here is whether a grand jury witness may assert a privilege against self-incrimination and thus withhold his testimony from the grand jury concerning his role as a government cooperative in a narcotics investigation. Finding that the information sought by the government was not of an incriminating nature and the possibility of criminal prosecution too remote in any event,...
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44 F.Supp.2d 1306 (1999) NEXTEL ARGENTINA, S.R.L., individually and for the use and benefit of the Cigna Argentina Compania de Seguros, S.A., Plaintiffs, v. ELEMAR INTERNATIONAL FORWARDING, INC.; Elemar Cargas, S.A., and Pantera Express, Inc., Defendants. No. 98-2636-CIV. United States District Court, S.D. Florida. April 8, 1999. Thomas A. Boyd, Jr., Jacksonville, FL, for plaintiffs. H.C. Palmer,...
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MEMORANDUM Appellant, the Commonwealth of Pennsylvania Department of Labor and Industry Bureau of Unemployment Benefits and Allowances (“BUCBA”), brings this action appealing the decision of the United States Bankruptcy Court for the Eastern District of Pennsylvania which declared BUCBA’s lien on the property of Debtor/Appellee, Debra Mozingo, invalid and classified BUCBA’s claim as a...
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OPINION & ORDER Plaintiff seeks to recover $447,879 (plus interest) alleged to be due and owing under a series of contracts arranged by it to finance shipments of imported clothing to defendant. Before us is plaintiffs motion for partial summary judgment as to its first and third claims for breach of- contract. Plaintiff represents that in the event it is successful on the instant motion,...
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MEMORANDUM AND ORDER Before the court is an appeal by creditor Loyola University, New Orleans from the bankruptcy court’s decision that the university violated the automatic stay im *387 posed by 11 U.S.C. § 362 1 by withholding the student-debtor’s academic transcript due to the student-debtor’s default of a pre-petition debt owed to the university. Loyola also appeals the imposition of ...
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45 F. Supp. 2d 1015 (1999) Melvin and Lavaun NELSON, in their own right and Lavaun Nelson as Personal Representative of the Estate of Bradley J. Nelson, deceased, Plaintiffs, v. Matthew William HAWKINS and Inland Empire Shows, Inc., an Idaho Corporation, Defendants. No. CV-98-39-M-DWM. United States District Court, D. Montana, Missoula Division. March 25, 1999. *1016 Sydney E. McKenna, Tornabene ...
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MEMORANDUM OPINION AND ORDER Pending are (1) Plaintiffs motion to amend the Complaint and (2) Defendants Bankers Trust Company of California (“Bankers Trust”) and Advanta Mortgage Corporation’s (“Advanta’s”) motions for summary judgment. 1 The motion has been fully briefed and is ripe for disposition. For reasons discussed more fully below, the Court GRANTS Plaintiffs motio...
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44 F.Supp.2d 788 (1999) UNITED STATES of America, for and on behalf of William SMITH, et al., Plaintiffs, v. John HOBBS, et al., Defendants. No. Civ.A. 2:97-1211. United States District Court, S.D. West Virginia, Charleston Division. April 16, 1999. *789 Kelly R. Curry and Michael L. Keller, Assistant U.S. Attorneys, Rebecca A. Betts, U.S. Attorney, Charleston, WV, for plaintiffs. Patrick L. Cott...
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AMENDED OPINION AND ORDER ACCEPTING IN PART AND REJECTING IN PART THE REPORT AND RECOMMENDATION OF THE HON. MARK D. FOX, AND GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT DISMISSING THE COMPLAINT AS TO EACH OF THEM 1 In this matter (which I will call “Boylan II” to distinguish it from the other two actions filed by plaintiff Stephen Boylan against various officials of the Town of Yorktow...
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT RICKER’S MOTION TO DISMISS PLAINTIFF’S CLAIM FOR RELIEF UNDER SECTION 296(6) OF THE NEW YORK STATE EXECUTIVE LAW AND OTHERWISE DENYING THE INDIVIDUAL DEFENDANTS’ MOTION TO DISMISS Plaintiff Brenda Hicks, who is half Native American and half African American, brought this employment discrimination claim against her current employer IBM, and ...
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MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION Plaintiffs Andrea Lark, a part-time student at the Purchase College of the State *452 University of New York (“SUNY Purchase” or the “College”), and the New York City Church of Christ (the “COC”), a self-described “traditional Christian evangelical denomination” and region...
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MEMORANDUM OPINION In this securities fraud action brought under the Securities Act of 1933 and the Securities Exchange Act of 1934, Brett Baffa and Mary Dorflinger move this court to intervene as class representatives. The intervenors also bring a motion to certify the class under Fed.R.Civ.P. 23. For the reasons described below, the court denies the intervenors’ application to serve as class re...
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MEMORANDUM OPINION This case came before the Court on summary judgment motions filed by the parties. The Court has previously ruled that no facts are in dispute and this case should be decided on the administrative record. Jane Doe was born on April 28, 1988, and is now 10 years old. During the 1996-97 and 1997-98 school years at issue, she attended Arlington Traditional School (...
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OPINION AND REASONS In these consolidated cases, plaintiffs are white New Orleans police officers who seek promotions, back pay and other damages allegedly resulting from (1) violations by the City of New Orleans (“City”) of the “Stipulation” added to the Williams Consent Decree; or (2) the disparate impact upon white officers of the City’s domicile requirement for promotio...
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MEMORANDUM OPINION AND ORDER Pending are motions to dismiss filed by District 17, United Mine Workers of America (“District 17”) and by Rick Miles. The motions are ripe for review. After careful consideration, the Court DENIES District 17’s motion and GRANTS Defendant Rick Miles’ motion. I. FACTUAL BACKGROUND On March 5, 1997 Rick Miles filed a grievance pursuant to the labo...
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46 F.Supp.2d 937 (1999) Cynthia PENDER, Plaintiff, v. BELL ASBESTOS MINES, LTD., et al., Defendants. No. 4:96CV772 CDP. United States District Court, E.D. Missouri, Eastern Division. April 19, 1999. *938 Walter L. Floyd, Floyd Law Firm, P.C., St. Louis, MO, for Cynthia Pender, individually, and as next friend for James Nathanial Pender, Angela Ann Pender. Walter L. Floyd, Floyd Law Firm, P.C., St...
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MEMORANDUM AND ORDER Plaintiff, an African-American woman, filed this action on April 29, 1996 alleging that defendant, Long Island University (“the University”), discriminated against her on the basis of her race, in violation of the Civil Rights Act of 1866, 42 U.S.C. § 1981 (“section 1981”), the Civil Rights Act of 1964, 42 U.S.C. § 2000d (“Title VI”), and the Human Rights Law of the S...
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OPINION AND ORDER This action is before the Court on William Lucas’ petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, respondent’s answer, and petitioner’s traverse. Petitioner is currently incarcerated at Lima Correctional Institution in Lima, Ohio. As an initial matter, the Court finds that the petition may be resolved from the record. Therefore, an evidentiary h...
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48 F. Supp. 2d 481 (1999) Jerome E. PALMA, Petitioner, v. UNITED STATES of America, et al., Respondent. No. Misc.A. 98-209. United States District Court, E.D. Pennsylvania. April 21, 1999. Stanford Shmukler, Philadelphia, PA, for petitioner. Richard Mentzinger, Jr., United States Attorney's Office, Philadelphia, Pa, for respondent. FINDINGS OF FACT AND CONCLUSIONS OF LAW KATZ, Senior District Ju...
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47 F. Supp. 2d 888 (1999) Janice L. DUNLAP, Plaintiff, v. MEDTRONIC, INC., Defendant. No. 3:97 CV 7148. United States District Court, N.D. Ohio, Eastern Division. March 29, 1999. *889 Harold M. Hanna, Hanna & Hanna, Bowling Green, OH, for Janice L Dunlap, Individually and as Administrator of the Estate of—Darrell M Dunlap, Deceased, plaintiff. Thomas M. Parker, Sanjay K. Varma, Roetzel & ...
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MEMORANDUM Plaintiffs, Nicholas Axelrod Panagopou-los and Nancy Axelrod, Nicholas’ mother, have brought this suit against Phillips Academy, Andover (“Phillips Academy”), claiming that Phillips Academy violated state and federal laws against disability discrimination and breached its contract with the plaintiffs by expelling Nicholas after the first trimester of his senior year. On February 16...
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ORDER DENYING DEFENDANT’S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND MOTION TO TRANSFER VENUE Plaintiffs, owners of two barges damaged while being towed from New Orleans, Louisiana to Venezuela, filed suit to recover damages for the loss. This Court has subject matter jurisdiction over the action under 28 U.S.C. § 1332. Now before the Court is the Motion of Defendant Capt...
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44 F.Supp.2d 1084 (1999) Briggs Christian MORRIS-SMITH, Plaintiff, v. MOULTON NIGUEL WATER DISTRICT, South Coast County Water District, and Does 1-100, Defendants. No. SA CV 98-35-GLT [CI]. United States District Court, C.D. California. April 15, 1999. *1085 Terrence P. Goggin, Goggin, Goggin & Kim, Laguna Beach, CA, for plaintiff. William P. Barry, Baker & Hostetler, Los Angeles, CA, for...
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Opinion Plaintiff Carden brings this action to recover disability benefits under an insurance policy defendant First Unum issued to Carden on November 15, 1993. First Unum moves for summary judgment. The motion is denied. Carden applied to First Unum for disability insurance. The application contained answers to various standard questions concerning Carden’s health and medical history. On...
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DECISION AND ORDER On May 5, 1998, I dismissed the above section 1983 action at Mr. Spence’s request. Because the action was governed by the Prisoner Litigation Reform Act of 1996 [“PLRA”], I also ordered that the $131.15 balance of his $150.00 filing fee be paid from his prison trust account in monthly payments, in accordance with 28 U.S.C. § 1915(b)(2). He has now paid $103.90 of the $150.00 ...
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MEMORANDUM AND ORDER In this Title VII action, plaintiff Gloria Woodcock (“Woodcock”), an American citizen of Panamanian origin, claims discrimination based on race and national origin. Defendant Montefiore Medical Center (“Montefiore”) now moves to dismiss portions of plaintiffs First, Second and Third Causes of Action, and the Fourth Cause of Action in its entirety pursuant to Rules...
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ORDER GRANTING IN PART AND DENYING IN PART THE DEFENDANT’S MOTION FOR JUDGMENT AS A MATTER OF LAW; IN THE ALTERNATIVE, GRANTING DEFENDANT’S MOTION FOR A NEW TRIAL; AND, IN THE ALTERNATIVE, GRANTING DEFENDANT’S MOTION FOR REMITTI-TUR I. BACKGROUND Jerrie Gray worked at the Tyson Foods facility in Marshall, Missouri from August 6, 1993 to March 16, 1995. During that time, plaintiff was ex...
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*1097 ORDER RE: DEFENDANT’S MOTION TO DISMISS THE INDICTMENT FOR FIFTH AMENDMENT AND DUE PROCESS VIOLATIONS Defendant’s Motion to Dismiss the Indictment for Fifth Amendment and Due Process Violations came on regularly for hearing before this Court on April 12, 1999. After reviewing the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERE...
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MEMORANDUM AND ORDER Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (1994 & Supp. 1996), plaintiff, Jose Cruz, moves for the award of attorney’s fees in relation to his successful appeal of the Social Security Administration’s decision denying Mr. Cruz Supplemental Security Income benefits. Because the Commissioner’s position opposing remand was not substantially jus...
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MEMORANDUM & ORDER Petitioner Kevin Smith seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has moved to dismiss the petition as untimely under 28 U.S.C. § 2244(d)(1) and Ross v. Artuz, 150 F.3d 97 (2d Cir.1998). Petitioner urges that the petition is timely, arguing that his state post-conviction motions reset the limitations period that had othe...
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OPINION AND ORDER On November 2, 1998, plaintiffs in the above captioned case filed a Motion to Remand this action to the Puerto Rico Superior Court,- San Juan. (Docket No. 5). The case was removed to this court by co-Defendant American Airlines (American). (Docket No. 1). Plaintiffs maintain that the inclusion of Solstar Corporation D/B/A Travel Network (Solstar) as a co-defendant destro...
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47 F.Supp.2d 196 (1999) UNITED STATES of America, Plaintiff, v. Rene Gonzalez AYALA, Defendant. No. Crim. 97-76 DRD. United States District Court, D. Puerto Rico. March 29, 1999. Jacabed Rodriguez-Coss, U.S. Atty's Office, Dist. of P.R., Crim. Div., Hato Rey, P.R., for Plaintiff. Rafael F. Castro-Lang, San Juan, PR, Joseph Frattallone-Marti, Hato Rey, PR, Lydia Lizarribar-Buxo, Hato Rey, PR, *197...
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OPINION AND ORDER Defendant Juan Enrique Cintron Cara-ballo has requested reconsideration of the Magistrate Judge’s denial of bail pending trial. (Docket # 335). Defendant was originally denied bail and now near the trial date of trial has reiterated the request. The Magistrate Judge summarily denied the bail reconsideration (Margin Order at Docket # 335) and defendant has requested review to the...
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45 F. Supp. 2d 1237 (1999) MEDIA SERVICES GROUP, INC., Plaintiff, v. LESSO, INC., Great Empire Broadcasting, Inc., and Wichita Great Empire Broadcasting, Inc., Defendants. No. Civ.A. 97-1215-MLB. United States District Court, D. Kansas. April 14, 1999. *1238 Kathryn Gardner, Richard K. Thompson, Paul B. Swartz, Martin, Pringle, Oliver, Wallace & Swartz, L.L.P., Wichita, KS, for plaintiff. Eri...
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ORDER This matter is before the court on Defendants’ motion for summary judgment [22-1] and Plaintiffs cross motion for summary judgment [23-1]. I. STATEMENT OF THE CASE Plaintiff Jerry L. Lyons filed the instant action on behalf of himself and a class of persons similarly situated against Defendants Georgia-Pacific Corporation and Georgia-Pacific Corporation Salaried Employees Retirement...
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91 F.Supp.2d 827 (1999) KHODARA ENVIRONMENTAL, INC., general partner, on Behalf of EAGLE ENVIRONMENTAL, L.P., Plaintiff, v. Steven BECKMAN, et al., Defendants. No. CIV.A.97-93. United States District Court, W.D. Pennsylvania. March 31, 1999. *828 *829 John P. Krill, David R. Overstreet, Carleton O. Strouss, Kirkpatrick & Lockhart, Harrisburg, PA, for Khodara Environmental, Inc. Thaddeus A. We...
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OPINION Section 468 of the Internal Revenue Code (“IRC”) permits a landfill owner to deduct on a pro-rata basis amounts required to fund future closing and post-closing obligations which the landfill owner may not incur for many years. In order to determine the amount of the deduction, a reserve must be established and the balance computed as set forth in § 468. This case presents the narrow iss...
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ORDER This Court having referred defendants’ motion to dismiss the Complaint and plaintiffs’ cross-motion to extend the time to effect service, to the Honorable Ronald J. Hedges, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(B); and the Court having considered plaintiffs’ objections to the March 8, 1999 Report and Recommendation of Magistrate Judge Hedges; and the Court havi...
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44 F.Supp.2d 693 (1999) MDC INVESTMENT PROPERTY, L.L.C., et al., Plaintiffs, v. Anthony F. MARANDO, and Premium Financial Services, Defendants. No. Civ.A. 97-3932 (KSH). United States District Court, D. New Jersey. April 7, 1999. *694 Kenneth L. McElwee, Slattery, McElwee & Jespersen, P.C., Short Hills, NJ, for plaintiffs. Dennis Houdek, Itkowitz Gottlieb & Harwood, New York City, for def...
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*589 MEMORANDUM DECISION AND ORDER Defendant Moshe Zfaty moves to dismiss the felony information against him under the Interstate Agreement on De-tainers (“IAD”), 18 U.S.C.App., 2 § 2, because of the Government’s failure to bring him before this Court until a year after he requested action on the matter in June 1997. For the reasons stated below, Zfaty’s motion is granted. BACKGROUND On F...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This Court’s conduct of a February 1999 bench trial in this action has been followed by the submission of proposed findings of fact and conclusions of law by counsel for plaintiff Brian Cunningham (“Cunningham”) and counsel for defendant Gibson Electric Co., Inc. (“Gibson”). This Court has given full consideration to each party’s submission and ...
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AMENDED MEMORANDUM OPINION In the 1880’s, Plaintiffs predecessors in title (who owned property in question in fee simple) granted easements for railroad purposes to the Sabine and East Texas Railway Company. Southern Pacific Railway, the current defendant, subsequently acquired these easements.. In 1994, Southern Pacific, pursuant to The National Trails System Act of 1983,16 U.S....
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MEMORANDUM AND ORDER I. BACKGROUND At all times relevant hereto, Roe & Roe, Inc. (“R & R”) has been engaged in the business of importing and selling certain food products. In December of 1998, R & R’s overseas supplier sent four shipments of products to the United States. When the shipments arrived at Dulles International Airport, they were inspected...
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45 F. Supp. 2d 826 (1999) Yvonne BIRNELL, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. 98-2039-JWL. United States District Court, D. Kansas. January 11, 1999. *827 *828 H. Reed Walker, Mission, KS, for Yvonne Birnell, plaintiff. Melanie D. Caro, Office of United States Attorney, Kansas City, KS, for Social Security, Commissioner of, Kenneth S. Apfel, defendant. ...
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45 F.Supp.2d 1126 (1999) David HERNANDEZ, Plaintiff, v. HARDAGE HOTELS I, L.L.C., et al., Defendants. David Hernandez, et al., Plaintiffs, v. Hardage Hotels I, L.L.C., et al., Defendants. Nos. 97-2351-JWL, 98-2032-JWL. United States District Court, D. Kansas. February 16, 1999. William H. Pickett, William H. Pickett, P.C., Kansas City, MO, Michael E. Callen, Kansas City, KS, for plaintiffs. James...
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MEMORANDUM OPINION Plaintiff, an African American woman, alleges that in 1996 she unsuccessfully applied for but was denied the position of Warehouse Day Supervisor at the Sisters of Charity Hospital' (hereinafter Sisters of Charity or, simply, Sisters) owned and operated by the Sisters of Charity of the Incarnate Word. This denial came after almost 20 years as an employee of the Sisters, durin...
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MEMORANDUM OPINION Joseph N. Breaux, a frequent postal service patron, has sued the United States Postal Service for the failure of the defendant to timely deliver 203 express mailings he says he has made, and for all of the other persons similarly situated in the United States in the last several years who have suffered the same fate, and seeks class certification in this court for a...
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45 F.Supp.2d 1141 (1999) Michael L. McGINLEY, Plaintiff, v. FRANKLIN SPORTS, INC., Defendant. No. 98-2225-JWL. United States District Court, D. Kansas. February 18, 1999. *1142 Karen D. Renwick, Kip D. Richards, Walters, Bender & Strohbehn, Kansas City, MO, for Michael L McGinley, plaintiff. Joseph B. Bowman, Shook, Hardy & Bacon L.L.P., Kansas City, MO, for Franklin Sports Inc, defendant...
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MEMORANDUM OPINION Presented here on a motion in limine is the question whether admissions made by defendant’s attorney to the Internal Revenue Service (IRS) agent investigating possible criminal tax fraud by defendant are inadmissible as statements “made in the course of plea discussions” pursuant to *463 Rule 410, Fed.R.Evid., and Rule 11(e)(6), Fed.R.CrimJP. I. Defendant Gregory Brid...
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44 F.Supp.2d 818 (1999) UNITED STATES of America v. Shelly L. DALE, Tamala Michelle Woods. No. 1:99-CR-10. United States District Court, E.D. Texas, Beaumont Division. March 24, 1999. David H. Henderson, Jr. Assistant U.S. Attorney, Beaumont, TX, for plaintiff U.S. Walter J. Pink, Houston, TX, for defendant Dale. Bruce A. Hoffer, Beaumont, TX, for defendant Woods. ORDER COBB, District Judge. On ...
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MEMORANDUM AND ORDER On August 28, 1998, Andre Keith Kelly was stopped on Interstate 10 near the city limits of Beaumont, Texas, by Deputy Sheriff Ener of Jefferson County, Texas, for following too closely an 18-wheel truck at a speed of approximately 60 miles per hour. Kelly was within two to three car lengths (50-60 feet) of the rear end of the truck. Simple division shows that 60 miles per...
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MEMORANDUM AND ORDER This matter is before the court on the following motions of defendant Cody D. Glover: Motion to Strike Specific “Aggravators” in the Government’s Notice of Intent to Seek the Death Penalty (Doc. #202); Motion to Strike the Government’s Notice of Intent to Seek the Death Penalty (Doc. # 201); Motion to Strike the Constitutionally Deficient Notice of Inten...
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MEMORANDUM AND ORDER Plaintiff Billy Williams filed suit against defendant Penske Transportation Services, Inc. alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981. This matter is presently before the court on defendant’s motion for summary judgment (doc. # 36). As set forth in more detail below, defendant’s motion for summ...
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80 F.Supp.2d 723 (1999) SEEBURG CORPORATION, a Michigan corporation, Plaintiff v. AMR PUBLISHING, A DIVISION OF VICTORY GLASS COMPANY, and Victory Glass, Inc., an Iowa corporation, Defendants. No. 1:98-CV-525. United States District Court, W.D. Michigan, Southern Division. April 16, 1999. *724 Andrew John Rogness, Sturgis, MI, for Plaintiff. Randall G. Litton, Eugene J. Rath, III, Price, Heneveld...
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RULING ON PLAINTIFF’S MOTION FOR ATTORNEY’S FEES The basis for this reimbursement claim is the Individuals with Disabilities Education Act (IDEA) which permits “prevailing parties” to obtain attorney’s fees. 20 U.S.C. § 1415(e)(4)(B). 1 In an administrative due process hearing, plaintiffs challenged the appropriateness of the special education program designed for their son...
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OPINION This matter is before the Court on the Plaintiffs’ Motion for Class Certification. For the reasons which follow, the motion will be granted. BACKGROUND Plaintiffs bring this suit against the Michigan High School Athletic Association and its Representative Council, alleging that they have been excluded from opportunities to participate in interscholastic athletic programs and have rece...
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MEMORANDUM OF DECISION AND ORDER This lawsuit arises out of the pro se plaintiffs dissatisfaction with the defendants’ handling of his case in the New York State Supreme Court, Suffolk County. That case — which the plaintiff describes as a “negligence” lawsuit— stemmed from allegations that the Town of Riverhead illegally seized and destroyed the plaintiffs personal property, n...
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MEMORANDUM — DECISION & ORDER The three female plaintiffs herein, Edna Norton (“Norton”), Patricia Badlam (“Bad-lam”), and Susan McGregor (“McGregor”), commenced the instant litigation against the Defendants Reynolds Metals Company (“Reynolds”) and The Aluminum Brick and Glass Workers International Union Local No. 450 (the “Union”) asserting claims pursuant to Title VII of the Civil Right...
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48 F. Supp. 2d 1317 (1999) Calvin L. WILLIAMS, as Administrator and Personal Representative of the Estate of Annie Joyce Williams, Deceased, Plaintiff, v. CITY OF MONTGOMERY, ALABAMA and Kevin Murphy, individually and in his capacity as an officer of the Montgomery Police Department, Defendants. Civil Action No. 98-A-361-N. United States District Court, M.D. Alabama, Northern Division. April 22, ...
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45 F. Supp. 2d 840 (1999) KAY-CEE ENTERPRISES, INC., Plaintiff, v. AMOCO OIL COMPANY, Defendant. No. 97-2406-JWL. United States District Court, D. Kansas. February 10, 1999. *841 Mark S. Gunnison, Payne & Jones, Chtd., Overland Park, KS, Anthony F. Lo Cicero, Nancy M. Dodderidge, Amster, Rothstein & Ebenstein, New York City, for Kay-Cee Enterprises, Inc., plaintiff. E. Wayne Taff, Steven ...
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42 F.Supp.2d 1192 (1999) Rhonda Sue WESLEY, Plaintiff, v. DON STEIN BUICK, INC.; Don Stein; Jerry Kaplan; Multiple Unnamed Sales Agents of Don Stein Buick-Isuzu, Inc.; T.A. Stovall; One Unnamed Desk Clerk of Overland Park, Kansas Police Department; and the City of Overland Park, Kansas, Defendants. No. 97-2271-JWL. United States District Court, D. Kansas. March 10, 1999. *1193 *1194 Larry D. Cole...
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45 F. Supp. 2d 1099 (1999) WILLMAR ELECTRIC SERVICE, INC., a Minnesota corporation, Plaintiff, v. Joseph GARCIA, as executive Director of Colorado Department of Regulatory Agencies; Bruce Douglas, as Director of the Colorado Division of Registrations; George Waterhouse, as Program Administrator of the Colorado State Electrical Board; Larry A. Deputy, Rick Filson, Kenneth Mackey, Timothy Miller, B...
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45 F.Supp.2d 1036 (1999) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. SWIFT TRANSPORTATION CO., INC., Defendant. No. Civ. 97-965-MA. United States District Court, D. Oregon. April 14, 1999. *1037 A. Luis Lucero, Jr., Claire Cordon, Kathryn Olson, Equal Employment Opportunity Commission, Seattle, WA, for plaintiff. Edward McGlone, Wallace, Klor & Mann, P.C., Portland, OR, for defenda...
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MEMORANDUM AND ORDER I. Introduction. Pursuant to 28 U.S.C. § 2255, Ambrose L. Devaney (“Devaney”) seeks to have his sentence vacated and set aside on the grounds that (i) the government failed to disclose exculpatory evidence in a manner that violated his constitutional right to a fair trial, and (ii) he received constitutionally ineffective assistance of counsel at trial due to his lawyer’s c...
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44 F.Supp.2d 408 (1999) Evelyn HEINRICH, Henry M. Sienkewicz, Jr., Rosemary Gualtieri, Walter Carl Van Dyke, and others similarly situated, Plaintiffs, v. William H. SWEET, M.D., The Estate of Lee Edward Farr, M.D., Trustee of the Lee Edward Farr Trust Dated 1/11/71, Associated Universities, Inc., Massachusetts General Hospital, Massachusetts Institute of Technology, and the United States, Defend...
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MEMORANDUM AND ORDER In these malpractice actions, plaintiffs allege that defendant Stephen Small, an attorney, negligently failed to investigate and prosecute timely state tort claims arising out of plaintiffs’ employment with their former employers. This matter is presently before the court on defendant’s motions to dismiss plaintiffs’ first amended complaints, pursuant . to ,Fed.R....
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45 F. Supp. 2d 1147 (1999) Dan HEFFERNAN, Plaintiff, v. PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY, Defendant. No. 98-2052-JWL. United States District Court, D. Kansas. February 19, 1999. *1148 Mark A. Corder, Olathe, KS, for Dan Heffernan, plaintiff. *1149 Angela D. Gupta, Office of United States Attorney, Kansas City, KS, William C. Martucci, Tracy McFerrin Foster, Spencer, Fane, Britt &am...
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45 F. Supp. 2d 847 (1999) The BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, Plaintiff, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Defendant. No. 98-2307-JWL. United States District Court, D. Kansas. March 2, 1999. *848 *849 William P. Coates, Jr., Holman, Hansen & Colville, P.C., Prairie Village, KS, for Burlington Northern and Santa Fe Railway Company, plaintiff. James F. Duncan, Robert B....
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45 F. Supp. 2d 1109 (1999) BATTENFELD OF AMERICA HOLDING COMPANY, INC. and SMS Capital Corporation, Plaintiffs, v. BAIRD, KURTZ & DOBSON, Defendant and Third-Party Plaintiff, v. Friedrich Theysohn GmbH, et al., Third-Party Defendants. No. 97-2336-JWL. United States District Court, D. Kansas. February 5, 1999. *1110 *1111 Randall E. Hendricks, Phillip G. Greenfield, Scott M. Brinkman, Vivian W...
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48 F. Supp. 2d 877 (1999) Thomas A. SCHMITZ, on behalf of himself and all others similarly situated, Plaintiff, v. AEGIS MORTGAGE CORPORATION, an Oklahoma corporation, formerly known as EMC Financial, Inc., and Home Town Mortgage, Inc., Defendants. Civil No. 97-2142 (DSD/JMM). United States District Court, D. Minnesota. April 23, 1999. *878 Eric Wesley Valen, Valen Law Office, St. Paul, MN, Willi...
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45 F. Supp. 2d 1088 (1999) UNITED STATES of America, Plaintiff, v. Jorge Carlos RODRIGUEZ, Defendant. No. Civ.A. 92-CR-248-WD. United States District Court, D. Colorado. February 24, 1999. *1089 *1090 Joseph T. Urbaniak, Jr., U.S. Atty's Office, Denver, CO, for Defendant. Harvey Abe Steinberg, Springer & Steinberg, P.C., Denver, CO, for U.S. ORDER DOWNES, District Judge. This matter comes be...
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MEMORANDUM-DECISION & ORDER Plaintiff Taisha Clayton (“plaintiff’) brought the instant action on April 10, 1997, pursuant to 42 U.S.C. § 1983 against the City of Kingston, the City of Kingston Police Department (“Kingston Police Department”), Detective Matthews (“Matthews”), and various unnamed employees of the Police Department, alleging a violation of her Fourth Amendment rights based o...
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MEMORANDUM AND ORDER In a letter dated April 13, 1999, sent to this Court by fax and Federal Express and received on April 14, 1999, defendant’s attorney, Gail E. Laser, Esq., asked that this Court reconsider its decision on April 9, 1999, denying defendant permission to travel to Italy from April 14 through 24, 1999. According to defendant’s Presentence Report in this Court: On July 1, 1...
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ORDER OF DISMISSAL ORDER DENYING CERTIFICATE OF AP-PEALABILITY AND ORDER CERTIFYING APPEAL NOT TAKEN IN GOOD FAITH I. INTRODUCTION Petitioner, Leonard M. Frazier, an inmate at West Tennessee State Prison (WTSP) in Henning, Lauderdale County, Tennessee, who was formerly confined at the Hardeman County Correctional Facility (HCCF), has filed a habeas petition under 28 U.S.C. § ...
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43 F. Supp. 2d 136 (1999) FIRST SECURITY BANK OF UTAH, N.A., et al. v. NORTHWEST AIRLINES, INC. No. Civ.A. 95-12103-RGS. United States District Court, D. Massachusetts. April 15, 1999. *137 Beth O'Neill Maloney, Peabody & Brown, Boston, MA, for Plaintiffs. John C. Bartenstein, Peter L. Ebb, Ropes & Gray, Boston, MA, for Defendant. MEMORANDUM AND ORDER ADOPTING THE MAGISTRATE JUDGE'S REPOR...
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45 F. Supp. 2d 1118 (1999) Victor OKOYE, Plaintiff, v. MEDICALODGE NORTH and Cindy Frakes, Defendants. No. 98-2074-JWL. United States District Court, D. Kansas. February 11, 1999. *1119 Vincent M. Ekeh, Kansas City, KS, for Victor Okoye, plaintiff. Patrick E. McGrath, Glenn S. Grayson, Wallace, Saunders, Austin, Brown & Enochs, Chartered, Overland Park, KS, Garen L. Cox, Medicalodges, Inc., C...
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41 F.Supp.2d 1157 (1999) MCI TELECOMMUNICATIONS CORP., and MCImetro Access Transmission Services, Inc., Plaintiffs, v. GTE NORTHWEST, INC., The Public Utility Commission of Oregon and Roger Hamilton, Ron Eachus and Joan H. Smith, in their official capacities as Commissioners of the Public Utility Commission, Defendants. Civil No. 97-1687-JE. United States District Court, D. Oregon. March 17, 1999...
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*678 ORDER DENYING THIRD-PARTY DEFENDANT’S MOTION TO DISMISS OR STAY PROCEEDINGS IN THIRD-PARTY COMPLAINT This is a personal injury case arising under the Outer Continental Shelf Lands Act, 43 U.S.C. § 1331 et seq. (“OCSLA”). Plaintiff filed this claim against Defendants on September 25, 1998. Defendant Nabors Offshore Drilling, Inc. filed a Third-Party Complaint on December 1, 1998, seek...
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*470 MEMORANDUM — DECISION & ORDER Plaintiff Robert Dollinger (“plaintiff’) commenced the instant action on January-12, 1998 pursuant to 42 U.S.C. § 12101 et seq. and 42 U.S.C. § 2000e et seq. against defendants The State Insurance Fund (“SIF”), New York State Office of the State Comptroller and The New York State Department of Civil Service (collectively “d...
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MEMORANDUM ORDER Defendants pending motions to dismiss are hereby granted in part and denied in part. For purposes of these motions, the following allegations, drawn from the plaintiffs Amended Complaint, are assumed to be true. See Sheppard v. Beerman, 94 F.3d 823, 827 (2d Cir.1996). On or about August 15, 1994, plaintiff Coakley and the 53 West Tiana Road Corporation...
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44 F.Supp.2d 104 (1999) Gershon ROSS and Marlene W. Ross, as Guardian for Gershon Ross, Plaintiffs, v. The FRAMINGHAM SCHOOL COMMITTEE, Town of Framingham, Massachusetts Department of Education, Defendants. No. Civ.A. 96-12422-REK. United States District Court, D. Massachusetts. April 21, 1999. *105 *106 *107 Gershon Ross, Framingham, MA, plaintiff pro se. Marlene W. Ross, Framingham, MA, plainti...
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MEMORANDUM AND ORDER The plaintiffs’ Motion to Compel and Notice to Defendants and Tennessee Psychiatry and Psychopharmacology Clinic, P.C. has been referred to the undersigned pursuant to Fed.R.Civ.P. 72(a) and the Rules of this Court [Docs. 82, 84]. A response has been filed by the Tennessee' Psychiatry and Psy-chopharmacology Clinic, P.C. (“TPP Clinic”) and a response has been filed by the de...
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42 F. Supp. 2d 767 (1999) Karen DAWSON, Plaintiff, v. AIRTOUCH CELLULAR, Defendants. No. C2-97-1182. United States District Court, S.D. Ohio, Eastern Division. April 21, 1999. Christopher King, Columbus, OH, for Karen Dawson. John Michael Stephen, Kimberly C. Shumate, Porter Wright Morris & Arthur, Columbus, OH, for AirTouch Cellular. OPINION & ORDER MARBLEY, District Judge. Plaintiff Ka...
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47 F.Supp.2d 804 (1999) PERRY WILLIAMS, INC., Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its Corporate Capacity, Defendant. No. 3:98 CV 0590-BC. United States District Court, N.D. Texas, Dallas Division. April 19, 1999. *805 James E. Masek, Law Office of James E. Masek, Arlington, TX, for plaintiff. Michael R. Swan, Legal Division, Dallas, TX, for defendant. MEMORANDUM OPINION AND O...
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MEMORANDUM AND ORDER James F. Connors, Jr. (“Connors”) petitions this Court for habeas corpus relief pursuant to 28 U.S.C. § 2254. Connors asserts that his conviction in state court for unarmed burglary was constitutionally defective because (1) the indictment he was convicted under failed to identify a specific felony that he intended to commit while breaking and entering,...
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45 F. Supp. 2d 1255 (1999) PURPLE ONION FOODS, INC., a New Mexico corporation, Plaintiff, v. BLUE MOOSE OF BOULDER, INC., a Colorado corporation, and Curtis Tellam, an individual, Defendants. No. Civ98-0758 BBJHG. United States District Court, D. New Mexico. April 14, 1999. *1256 Gregory D. Huffaker, Jr., Edward C. Bagley, Huffaker & Conway, Santa Fe, NM, for plaintiffs. Mary E. Walta, White ...
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AMENDED MEMORANDUM OPINION AND ORDER This matter is before the Court on defendants’ motion for summary judgment. At issue are state negligence claims and the federal preemption provision of the Federal Railroad Safety- Act, 49 U.S.C. § 20106. ■ STATEMENT OF THE CASE Shawn Stone was driving his Geo Metro across the Ventroux Hollow grade crossing on January 26, 1997, when he colli...
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MEMORANDUM AND ORDER The present application for attorney’s fees presents a recondite question of first impression in the application of the provisions of the Massachusetts Civil Rights Act, Mass.Gen.Laws ch. 12, § 111. Although the question presented is apparently unique, the facts may be simply stated. The plaintiff, David Zurokowsky (“Zuro-kowsky”), sued the defendant, Raymond D’Oyley (“...
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MEMORANDUM AND ORDER Matthew and Lee Ann Delmonte between them assert fifteen claims against Laidlaw Environmental Services, Inc. All of the claims center on the contention that in early 1997, Laidlaw, then the employer of Mr. DelMonte and the former employer of Mrs. Delmonte, unlawfully interfered with their rights to marry. Each plaintiff alleges: a claim under the Massachusetts Civ...
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45 F. Supp. 2d 863 (1999) Manuel ANDERSON et al., Plaintiffs, v. FARMLAND INDUSTRIES, INC., Defendant. No. 98-2499-JWL. United States District Court, D. Kansas. March 19, 1999. *864 Randall K. Rathbun, Charles C. Steincamp, Depew and Gillen, L.L.C., Wichita, KS, James B McMath, Samuel E Ledbetter, Hank Bates, McMath, Vehik, Drummond, Harrison & Ledbetter, Little Rock, AR, for plaintiffs. Terr...
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OPINION AND ORDER This cause is before the Court on the Motion for Partial Summary Judgment filed by Defendant Pirelli Tire LLC (“Pi-relli”), the successor by merger to The Armstrong Rubber Company (“Armstrong”). Having considered the Motion,. Response, Rebuttal, supporting and opposing authority, and all attachments to each, the Court finds the motion is denied in part and granted in...
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MEMORANDUM OPINION This taxpayer refund action is before the court on the defendant’s motion for partial summary judgment. Specifically, the United States has moved for summary judgment on the issue of whether plaintiffs purchase of new trucks, and sales of used trucks, constitute purchase and sale transactions on which a gain or loss should be recognized rather than non-taxable excha...
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47 F. Supp. 2d 91 (1999) GENENTECH, INC., Plaintiff, v. BOEHRINGER MANNHEIM GmbH and Boehringer Mannheim Corp., Defendants. No. Civ.A. 96-11090-PBS. United States District Court, D. Massachusetts. April 14, 1999. *92 Joseph Ferraro, Leora Ben-Ami, Philip E. Roux, Rogers & Wells, New York City, Gary W. Smith, Dennis D. Allegretti, Anthony J. Fitzpatrick, Renee Inomata, Burns & Levinson, Bo...
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ORDER-MEMORANDUM AND NOW, this 26th day of April, 1999, the deposition fees for each of plaintiffs treating physicians are set at $600 per hour, as acceded to by defendants. See def.’s br., at 3. Fed.R.Civ.P. 26(b)(4)(C).1 Under Fed.R.Civ.P. 26(b)(4)(C), “the court shall require the party seeking discovery pay the expert a reasonable fee.” However, as to “an actor or viewer with respect to tran...
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52 F.Supp.2d 452 (1999) Lloyd Z. REMICK, Esq. v. Angel MANFREDY, John Manfredy, Jeffrey H. Brown, Esq., Kathleen H. Klaus, Esq. and D'Ancona & Pflaum No. Civ.A. 99-CV-0025. United States District Court, E.D. Pennsylvania. April 22, 1999. *453 *454 Richard G. Phillips, Patrick C. Campbell, Jr., Robert J. Opalka, Richard G. Phillips Associates, Philadelphia, PA, for plaintiff. Kenneth I. Trujil...
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MEMORANDUM Defendant Triangle Pacific Corporation moves for summary judgment in this age discrimination and retaliation action. Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.; Pennsylvania Human Relations Act (PHRA), 43 Pa.C.S.A. §§ 951 et seq, 1 Jurisdiction is federal question. 28 U.S.C, § 1331. Plaintiffs decedent, Michael Tumolo, died on Nove...
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MEMORANDUM AND ORDER I.INTRODUCTION After a bench trial on November 16, 1998, this Court ruled in the instant case that the Summary Plan Description of the Raytheon Company Pension Plan for Salaried Employees did not comply with the disclosure requirements of the Employee Retirement and Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq., because it failed adequately to descri...
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ORDER AND MEMORANDUM OF DECISION Plaintiff Lilia Twombly (“Plaintiff’) brings this diversity action alleging that Defendant AIG Life Insurance Company (“Defendant”) improperly denied her claim for certain benefits under an occupational accident insurance policy. She asserts she is entitled to accident medical expense benefits in the amount of $250,000.00, weekly accident indemnity benefits totali...
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MEMORANDUM DECISION AND ORDER Plaintiff Christopher H. Forrest sued his employer, Par Pharmaceutical, Inc. (“Par”), alleging race discrimination. See 42 U.S.C. § 2000e et seq. Par now moves to disqualify plaintiff Forrest’s counsel, Kevin Mulhearn, Esq., on the ground that he is a key witness to material events. See N.Y.Comp.Codes R. & Regs. tit. 22, §...
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MEMORANDUM OPINION AND ORDER Introduction Plaintiff Esther Noske (“Plaintiff’) commenced this action to quiet title in her name to certain property located in Stearns County. Defendant The United States of America (“United States”) had filed notices of federal tax liens upon the property pursuant to the tax liabilities of Plaintiffs adult children. The United States subsequently levi...
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The Court has before it Appellants’ appeal from the United States Bankruptcy Court for the District of Maryland’s Order Avoiding Liens entered July 29, 1998 and materials submitted by the parties relating thereto. The Court finds that a hearing is unnecessary. I. BACKGROUND In late 1993 and early 1994, Robert Ber-man and C. Nelson Berman made a series of loans to Forti Builder...
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*996 MEMORANDUM OPINION AND ORDER I. Introduction Before the court is Reggie Cornelius Welch’s pro se habeas corpus petition under 28 U.S.C. § 2254. Petitioner is a state inmate currently confined at the Saginaw Correctional Facility in Freeland, Michigan where respondent Luella Burke is the warden. On November 10, 1993, a circuit court jury in Sagina...
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MEMORANDUM OPINION & ORDER In the waning hours of the Bush. Administration, outgoing Secretary of the Interi- or Manuel Lujan Jr. (“Lujan”) issued a Record of Decision (“ROD”) under the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321, et seq. announcing his decision to approve the direct sale of 1,000 acres of federal land under the Federal Land and Policy Man...
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OPINION AND ORDER This diversity action is presently before the Court on defendants’ motion to transfer the action to the United States District Court for the Northern District of Illinois, pursuant to 28 U.S.C. § 1404(a). Plaintiffs oppose the motion to transfer and have filed a motion pursuant to Rule 56 of the Federal Rules of Civil Procedure seeking partial summary judgment as to ...
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48 F. Supp. 2d 1363 (1999) PRIMERICA FINANCIAL SERVICES, INC., et al., Plaintiffs, v. William F. MITCHELL, Defendant. No. 98-8157-Civ. United States District Court, S.D. Florida. January 13, 1999. *1364 Richard Martens, John Boykin, and Charles Pickett, Jr., West Palm Beach, Florida, for Primerica Financial Services, Inc. Peter Schneider, Atlanta, Georgia, for Primerica Financial Services, Inc. B...
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ORDER AFFIRMING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION THIS CAUSE is before this Court for review. On January 19, 1999, United States Magistrate Judge Barry L. Garber issued a Report and Recommendation with respect to Defendants’ Motion to Dismiss Second Amended Complaint. Magistrate Judge Garber recommends that Defendants’ Motion be granted in its entirety. Upon due consid...
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48 F. Supp. 2d 773 (1999) UNITED STATES of America ex rel. Eddie JONES, Petitioner, v. Rodney TALLY, Warden, Shawnee Correctional Center, Respondent. No. 98 C 2242. United States District Court, N.D. Illinois, Eastern Division. April 8, 1999. *774 Eddie Jones, Vienna, IL, pro se. David Harris Iskowich, William Lloyd Browers, Illinois Attorney General's Office, Chicago, IL, for Rod Tally, responde...
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MEMORANDUM & ORDER Before the court is defendant United Parcel Service, Inc.’s, motion to dismiss plaintiff Nancy Paparo’s complaint. Because the plaintiffs complaint does not state a claim upon which relief can be granted, the defendant’s motion will be granted. Background1 Plaintiff Nancy Paparo filed a complaint against defendant United Parcel Service, Inc. (UPS), in the Court of Common Plea...
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MEMORANDUM This case, brought pursuant to the Privacy Act, 5 U.S.C. § 552a, seeks damages for defendant’s allegedly willful use of erroneous information to justify setting plaintiffs parole rehearing date beyond the guideline range. It is before the Court on remand from the Court of Appeals. Defendant now moves to dismiss or, in the alternative, for summary judgment on the grounds that the acti...
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48 F. Supp. 2d 776 (1999) UNITED STATES of America, Plaintiff, v. Joseph Earl COOK, Defendant. No. 98 C 4578. United States District Court, N.D. Illinois, Eastern Division. April 9, 1999. AUSA, United States Attorney's Office, Chicago, IL, for U.S. *777 Joseph Earl Cook, Florence, CO, pro se. MEMORANDUM OPINION AND ORDER BUCKLO, District Judge. On June 13, 1997, Defendant Joseph Earl Cook pleade...
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ORDER The Appellant, Costas J. Gust, appeals the Bankruptcy Court’s Order, In re Gust, 229 B.R. 44 (Bankr.S.D.Ga.1998), overruling his objection to the Claim of the United States of America acting by and through the Internal Revenue Service (IRS). Jurisdiction to hear this appeal exists pursuant to 28 U.S.C. § 158(a)(1). Upon review of the proceedings in the court below, the br...
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47 F.Supp.2d 8 (1999) Robert C. WILSON, Plaintiff, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS AND WAREHOUSEMEN, et al., Defendants. Civil Action No. 97-0806 (JR). United States District Court, District of Columbia. March 17, 1999. Richard H. Semsker, Shannon Salb, Lippman and Associates, Washington, DC, for plaintiff. Steven K. Hoffman, James & Hoffman, P.C., Washington, DC, Betty ...
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MEMORANDUM OPINION AND ORDER Funeral Financial Systems, Ltd. [“Funeral Financial”] sued Pacific Mutual Life Insurance Company [“Pacific Mutual”] for recovery of life insurance benefits under an employee welfare benefit plan. The case was dismissed on the merits, and Pacific Mutual now moves for attorney’s fees and costs pursuant to the Employee Retirement Income Security Act [“ERISA”]. For th...
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51 F. Supp. 2d 673 (1999) Jeffrey D. FELDSTEIN, M.D., Plaintiff, v. NASH COMMUNITY HEALTH SERVICES INC., and Nash Hospitals, Inc., Defendants. No. 5:97-CV-522-BR-3. United States District Court, E.D. North Carolina, Western Division. March 16, 1999. *674 *675 *676 Michael Steven Colo, Rocky Mount, NC, J. Nicholas Ellis, Poyner & Spruill, Rocky Mount, NC, for Jeffrey D. Feldstein, M.D., plaint...
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61 F. Supp. 2d 745 (1999) Charles Chris ELLIOTT, Plaintiff, v. LOCKHEED MARTIN ENERGY SYSTEMS, INC., Defendant. No. 3:98-CV-181. United States District Court, E.D. Tennessee, at Knoxville. January 7, 1999. Order Denying Motion to Amend January 25, 1999. *746 George H Buxton, III, Buxton and Wilkinson, Oak Ridge, TN, for Charles C Elliott, plaintiff. John C Burgin, Jr, Edwin H Rayson, Jr, Kramer, ...
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47 F.Supp.2d 37 (1999) NATIONAL PHARMACEUTICAL ALLIANCE, et al., Plaintiffs, v. Jane E. HENNEY, Commissioner, U.S. Food and Drug Administration, et al., Defendants Pharmaceutical Research and Manufacturers of America, Defendant-Intervenor. Civil Action No. 99-0394 (JR). United States District Court, District of Columbia. April 20, 1999. *38 Daniel G. Jarcho, McKenna & Cuneo, L.L.P., Washingto...
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45 F. Supp. 2d 1284 (1999) FIDELITY WARRANTY SERVICES, INC., Plaintiff, v. Billy KIDD, Defendant. No. Civ.A. 98-AR-2042-M. United States District Court, N.D. Alabama, Middle Division. March 16, 1999. Opinion Denying Reconsideration April 22, 1999. *1285 Jere F White, Jr, John Q Somerville, Lightfoot Franklin & White LLC, Birmingham, AL, for Fidelity Warranty Services, Inc, plaintiff. Barry A ...
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44 F.Supp.2d 1 (1999) UNITED STATES of America, v. Webster L. HUBBELL, Defendant. Crim. Action No. 98-0394 (JR). United States District Court, District of Columbia. March 18, 1999. *2 John Whitelaw Nields, Jr., Laura Scott Shores, Howrey & Simon, Washington, DC, Mark Edward Matthews, Peter Romatowski, Stephen M. Byers, Crowell & Morning, L.L.P., Washington, DC, for Webster L. Hubbell. Jul...
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MEMORANDUM Plaintiff, IKEA U.S., Inc. (“IKEA-US”), challenges the refusal of the Immigration and Naturalization Service (“INS”) to reconsider its denial of a preference-visa application made on behalf of an IKEA employee, Jorn P. Mathiasen. The dispute centers on the INS’ determination that Mathiasen’s duties as the manager of a restaurant within one of IKEA-US’s furniture stores were...
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MEMORANDUM Defendants have moved to dismiss plaintiffs complaint under Fed.R.Civ.P. 12(b)(1) asserting that the Court lacks subject matter jurisdiction. Plaintiff sues under Title VII of the 1964 Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and the Rehabilitation Act of 1973. Because only the “head of the department” may be sued in a Title VII or Rehabilitation Act suit against ...
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47 F. Supp. 2d 1144 (1999) Victor Lyle HOOD, Plaintiff, v. George GALAZA, Warden, Defendant. No. 98-CV-843 H LAB. United States District Court, S.D. California. February 25, 1999. *1145 Order Adopting Report and Recommendation of Magistrate Judge; Denying Petition for Writ of Habeas Corpus HUFF, Chief Judge. Petitioner in the above-entitled matter filed a petition for writ of habeas corpus unde...
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OPINION Defendants St. Jean Financial, Inc. (“St. Jean”) and Walter L. Rogers (“Rogers,” and collectively the “Defendants”) have moved, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for an order granting summary judgment and dismissing the Amended Complaint of plaintiff Richard D. Kunica (“Kunica”). For the reasons set forth below, Defendants’ motion is granted. ...
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OPINION AND ORDER By letters dated April 17, 1998 and May 5, 1998, Rhone-Poulenc Rorer, Inc. (“RPR”) requests reconsideration of this Court’s opinion and order dated March 31, 1998 relating to the French patent agent privilege, Bristol-Myers Squibb Co. v. Rhone-Poulenc Rorer, Inc., No. 95 CIV. 8833(RPP), 1998 WL 158958 (S.D.N.Y. April 2, 1998). In that opinion and order, the Court found that Fren...
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ORDER Before the Court are plaintiffs’ motion for reconsideration of this Court’s Order of November 23, 1998, (Doc. 17), and alternative request that the Court dismiss this action without prejudice and determine that the defendants were in fact served. *1379 (Doc. 23). In the November 23 Order, the Court dismissed defendants Coastal Utilities, Inc. (Coastal), Gary Clanton...
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ORDER This matter is before the Court on Magistrate Judge Robert J. Kauffman’s Report and Recommendation [# 15] regarding Defendants’ Motion to Dismiss [#8], The Magistrate Judge concluded that the Motion to Dismiss [#8] should be granted. This Court ADOPTS the Report and Recommendation [# 15]. This case is TERMINATED. In the Report and Recommendation, the Magistrate Judge gave a brief rend...
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ORDER This matter is before the Court on Defendant United Healthcare of Ohio, Inc.’s (“United Healthcare”) Motion to Dismiss Counts II, III, and IV of Plaintiffs’ Complaint. United Healthcare is a health maintenance organization (“HMO”) that provides medical, hospital, major medical, comprehensive and other medical related benefits to Ohio plan participants and beneficiaries. Plaintiffs, Ida Ke...
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45 F. Supp. 2d 500 (1999) Mark Andrew FRITSCHLE, et al., Plaintiffs, v. John M. ANDES, et al., Defendants. No. Civ. AMD 98-1694. United States District Court, D. Maryland. April 23, 1999. *501 Matthew B. Bogin, Michael J. Eig, Bogin & Eig, Washington, DC, for plaintiffs. P. Tyson Bennett, Eric C. Brousaides, Reese & Carney, LLP, Columbia, MD, for defendants. MEMORANDUM DAVIS, District Ju...
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44 F.Supp.2d 915 (1999) Iline THOMAS, Plaintiff, v. William HENDERSON, Postmaster General of the United States, Defendant. No. 98-71533. United States District Court, E.D. Michigan, Southern Division. April 27, 1999. *916 George B. Washington, Detroit, MI, for plaintiff. Geneva Halliday, Detroit, MI, for defendant. OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUM...
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47 F. Supp. 2d 943 (1999) UNITED STATES ex rel. Thomas V. JOHNSON, Plaintiff, v. Rodney TALLY, Defendant. No. 98 C 232. United States District Court, N.D. Illinois, Eastern Division. April 27, 1999. *944 *945 *946 Thomas V. Johnson, Galesburg, IL, plaintiff pro se. Stephen F. Potts, Assistant Attorney General, Chicago, IL, for defendant. MEMORANDUM OPINION AND ORDER ALESIA, District Judge. Befor...
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MEMORANDUM & ORDER BACKGROUND Defendant Trans World Airlines, Inc. (“TWA”) operates a commercial airline. Plaintiff Frank Micari, Jr. (“Micari”) began working for TWA at John F. Kennedy International Airport as an airplane mechanic in July of 1988. The duties of mechanic, which are more fully defined by the applicable collective bargaining agreement between TWA and Micari’s u...
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MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT In an earlier suit (“Monsky I ”) plaintiff alleged that, by virtue of his dog’s conduct in the Danbury Superior Courthouse, defendant violated her rights by infringing her constitutional right of access to the courts.1 That case was dismissed, Monsky v. Moraghan, 947 F.Supp. 53 (D.Conn.1996), Motion to Amend den., 950 F.Supp. 476 (Goettel, J.)...
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45 F. Supp. 2d 179 (1999) BREITLING U.S.A. INC., Plaintiff, v. FEDERAL EXPRESS CORP., Defendant. No. Civ. 3:97cv1501 (DJS). United States District Court, D. Connecticut. March 26, 1999. *180 Judith R. Cohen, Squadron, Ellenoff, Plesent, Sheinfeld & Sorkin, New York City, Peter L. Truebner, Stamford, CT, for Breitling USA, Inc, plaintiff. R. Cornelius Danaher, Jr., Charles E. Vermette, Jr., Da...
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44 F.Supp.2d 1339 (1999) Hunter JONES, Plaintiff, v. TRIPLE CROWN SERVICES COMPANY, Triple Crown Services, Inc., TCS Leasing, Inc., Michael J. Randolph, and Gregory Bell, Defendants. No. Civ.A. 99-A-256-E. United States District Court, M.D. Alabama, Eastern Division. April 23, 1999. *1340 William Banks Herndon, Jr., Loftin, Herndon, Loftin & Miller, Phenix City, AL, for Hunter Jones, plaintif...
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44 F.Supp.2d 1337 (1999) SKYLINE STEEL CORPORATION, Plaintiff, v. RDI/CAESARS RIVERBOAT CASINO, LLC, Defendant. No. Civ.A. 99-AR-0479-M. United States District Court, N.D. Alabama, Middle Division. March 31, 1999. Jack G. Kowalski, Lange Simpson Robinson & Somerville, Birmingham, AL, for Skyline Steel Corporation, plaintiff. John P. Scott, Jr., Starnes & Atchison LLP, Birmingham, AL, for ...
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65 F. Supp. 2d 313 (1999) Ethel R. UPDEGRAFF, Plaintiff, v. UNITED STATES of America, Defendant/Third-Party Plaintiff, v. George S. Updegraff, Third-Party Defendant. No. 1:CV-97-1836. United States District Court, M.D. Pennsylvania. April 5, 1999. *314 Lowell R. Gates, Gates & Associates, P.C., Craig A. Hatch, Gates and Associates, P.C., Lemoyne, PA, for Ethel R. Updegraff, plaintiffs. Lorna ...
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47 F. Supp. 2d 703 (1999) Leila HARTWELL, Jennifer Still, Plaintiffs, v. DANEK MEDICAL, INC., et al., Defendants. No. 95-1134-R. United States District Court, W.D. Virginia, Roanoke Division. April 16, 1999. Jack Vernon Altizer, Altizer & Altizer, P.C., Roanoke, VA, Thomas J. Kliebert, Jr., Kliebert & Heltz, Gramercy, LA, for plaintiffs. Dabney Jefferson Carr, IV, Mays & Valentine, Ri...
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MEMORANDUM ORDER While the pleadings in this case are somewhat obscured by an effusion of acronyms, the essential allegations of the Amended Complaint — taken as true for the purpose of deciding the defendants’ instant motion to dismiss — are as follows. In the Spring of 1998, plaintiff MLC (Bermuda) Ltd. (“MLC”) purchased certain derivative securities through its prime broker, defendant Cred...
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MEMORANDUM AND ORDER Before the Court is a Motion to Dismiss brought by defendants Robert Rubin (“Rubin”), Secretary of the Department of the Treasury, and the Bureau of Alcohol, Tobacco & Firearms (“ATF”) pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, defendants’ Motion to Dismiss is denied. Background The underly...
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DECISION AND ORDER Plaintiff commenced this action in New York State Supreme Court, alleging claims for breach of contract, intentional infliction of emotion distress and prima facie tort. On April 24, 1997, Defendant Capital District Physicians’ Health Plan, Inc. (“CDPHP”) removed the action pursuant to 28 U.S.C. § 1441 on the grounds of preemption by Section 514(a) of the Employee R...
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MEMORANDUM OPINION By letter order dated April 21,1999, this Court called upon counsel for the plaintiff to show cause why the Court should not stay or dismiss this declaratory judgment insurance coverage action, pending resolution of underlying state tort litigation, in light of Centennial Life Ins. v. Poston, 88 F.3d 255 (4th Cir.1996). The underlying litigation, which is not within the origi...
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MEMORANDUM AND ORDER The petitioner brings this application for a preliminary injunction, pursuant to section 10(1) of the National Labor Relations Act (“Act”), 29 U.S.C. § 160(1), pending final disposition of the matter involved herein, for alleged recognitional or organizational picketing by respondent Local Union No. 3, International Brotherhood of Electrical Workers, AFL — -CIO (“...
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*730 MEMORANDUM OPINION AND ORDER This matter comes before the Court upon the Report and Recommendation of Magistrate Judge David S. Perelman. The Report and Recommendation (Document # 24), submitted on January 4, 1999, is ADOPTED, but for reasons other than those relied on by the Magistrate Judge. Factual and Procedural Background 1 On June 17, 1993, Plaintiff ...
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*998 AMENDED ORDER INTRODUCTION [¶ 1] This is the second time a disposi-tive motion in this case has come before the Court. The Court has set forth in its previous opinion the nature of plaintiffs claims, which will be repeated here for the sake of clarity. [¶ 2] Title I of the Rehabilitation Act of 1973 authorizes federal grants to state rehabilitation agencies to assi...
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This matter came for hearing upon motions previously set for hearing by both the plaintiffs and the defendants, seeking this Court to act in this case following a definitive ruling by the state courts of Louisiana on a state action which had formerly required this Court to enter an abstention order. The plaintiffs have come forward requesting that this Court remove the stay currently imposed on...
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OPINION AND ORDER This is a civil action for money damages brought by three former smokers and their spouses against the country’s major cigarette manufacturers and two tobacco industry trade organizations. In an order dated December 17, 1998, I denied plaintiffs’ motion for class certification. The case is back before the court on defendants’ motion to sever the claims of the three sets of plain...
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44 F.Supp.2d 986 (1999) SIMITAR ENTERTAINMENT, INC., a Minnesota Corporation, and Silva-Simitar Entertainment, LLC, a Minnesota limited liability company, Plaintiffs, v. SILVA ENTERTAINMENT, INC., a Texas corporation, and Luis Silva, a Texas resident, Defendants. No. Civ. 98-1628 (JRT/RLE). United States District Court, D. Minnesota. March 10, 1999. *987 *988 Michael Alan Nekich, Jeffrey E. Grell...
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MEMORANDUM OPINION AND ORDER Pending is Movant’s motion to void his plea agreement with the government. The Court DENIES the motion and summarily dismisses this action pursuant to Rule 4(b), *734Rules Governing Section 2255 Proceedings for the United States District Courts.1 The basis for Movant’s request is contained in paragraphs 4 and 5 of his motion: 4. The plea agreement required the govern...
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47 F.Supp.2d 183 (1999) SMARTE CARTE, INC., Plaintiff, v. Carlos COLON, et al., Defendant. No. Civ. 96-1957 HL. United States District Court, D. Puerto Rico. March 19, 1999. *184 Jane A. Becker-Whitaker, Troncoso & Becker, San Juan, PR, for Plaintiff. Pedro Pumarada-Surillo, Fiddler, Gonzalez & Rodriguez, San Juan, PR, for Defendant. OPINION AND ORDER LAFFITTE, Chief Judge. Before the Co...
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OPINION AND ORDER Defendants Yamil H. Kourí-Pérez (“Kouri”), Jeannette Sotomayor-Vázquez (“Sotomayor”), and Armando Borel-Bar-reiro (“Borel”), move for reconsideration of the denial of their motion for a mistrial in this trial. *212I. On March 25, 1999, Dr. Jaime Rivera-Dueño, the former Executive Director of ACHS, was on the witness stand. Previous witnesses had characterized Defendant Kourí as...
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OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS I. INTRODUCTION This anti-trust case is presently before the Court on separate Motions to Dismiss filed by Defendants Northwest Airlines (“Northwest”) and Airline Reporting Corporation (“ARC”). In substance, Plaintiffs lawsuit under sections 1 and 2 of the Sherman Act, 15 U.S.C. § 1 et seq.,...
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MEMORANDUM OPINION (Second Corrected) Kookmin Bank (“Kookmin”), which is organized in the Republic of Korea (“Korea”), 1 presented a draft for payment under a letter of credit (the “L/C”) issued by Hamilton Bank, N.A. (“Hamilton”), a national bank with its principal office in Florida. 2 Hamilton refused to pay because a required document was missing. Hamilton, howeve...
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OPINION This is an action for monies owed for goods sold and delivered on an open account. In addition, plaintiff seeks to re *218 cover on two separate personal guaranties. Plaintiff has moved for summary judgment against all three defendants. Background Plaintiff, Siemans Energy and Automation Inc. (“Siemans”), manufactures electrical products. Defendant, Cole...
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ENTRY ON DEFENDANTS’ MOTION TO SET ASIDE JUDGMENT This case presents a practical problem in collecting debts under the Employee Retirement Income Security Act of 1974 (ERISA). When an employer owes money to a multi-employer benefit plan but is essentially judgment-proof, the trustees of the plan may try to collect the debt from the employer’s officers or affiliated companies by piercing t...
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47 F.Supp.2d 223 (1999) The LARES GROUP, II, John G. Laramee, individually and as General Partner, and Sharon Laramee, Plaintiffs, v. Bentley TOBIN, Matthew J. Marcello, III, Michael B. Nulman, a Rhode Island law partnership known as Hinckley, Allen & Snyder, Joseph Mollicone, Jr., Joseph DiBattista, Matthew T. Marcello, III, all individually and as trustees of Pine Street Realty Trust under ...
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48 F. Supp. 2d 747 (1999) Sondra BECTON, Plaintiff, v. Chris THOMAS, individually and, in his capacity as Probate Court Clerk of Shelby County, Tennessee and Shelby County Government, Defendant. No. 98-2977 DV. United States District Court, W.D. Tennessee, Western Division. April 22, 1999. *748 *749 Mark A. Allen, Allen Godwin Morris Laurenzi & Bloomfield, Memphis, TN, for Sondra Becton, plai...
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ORDER This matter is before the Court on a Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence By a Person in Federal Custody, filed by Stephen Golden (“Golden”) on December 23, 1997. For the reasons set forth below, the Court DENIES Golden’s section 2255 motion. The Clerk is ORDERED to DISMISS this case with prejudice. BACKGROUND The Seven...
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48 F.Supp.2d 1049 (1999) YANG MING MARINE TRANSPORT CORPORATION, Plaintiff, v. OCEANBRIDGE SHIPPING INTERNATIONAL, INC.; Laufer Freight Lines, Ltd.; Okamoto Freighters, Ltd., Defendants. Laufer Freight Lines, Ltd., Cross-Claimant, v. Oceanbridge Shipping International, Inc.; Okamoto Freighters, Ltd., Cross-Defendants. Laufer Freight Lines, Ltd., Third-Party Plaintiff, v. American International Ca...
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MEMORANDUM OF DECISION AND ORDER The only universal consequence of a legally binding promise is, that the law makes the promisor pay damages if the promised event does not come to pass.—Oliver Wendell Holmes, The Common Law 236 ([1881] Howe ed.1963). In what can only be described as a classic breach of contract case, the Court is confronted with a complaint that allege...
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MEMORANDUM OPINION AND ORDER Plaintiff Lindsay Jenkins (“Jenkins”), appearing pro se, alleges that defendant Virgin Atlantic Airways, Ltd., (“Virgin Atlantic”), breached certain contractual obligations in violation of both the common law and the Uniform Commercial Code (“UCC”), and that Virgin Atlantic, Condon & Forsyth (“C & F”) and Thornton, Davis & Murray (“TDM”),...
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ORDER ON MOTION TO DISMISS, OR, IN THE ALTERNATIVE, FOR CHANGE OF VENUE This cause is before the Court on the Motion to Dismiss of Defendant Department of the Navy (Dkts.8-9), which seeks to dismiss all six counts of Plaintiffs Complaint. Alternatively, Defendant’s motion seeks a change of venue from the Middle District of Florida to the Eastern District of Virginia. Plaintiff named S...
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ENTRY GRANTING DEFENDANT UNITED STATES’ MOTION FOR SUMMARY JUDGMENT This matter comes before the Court on Defendant, United States of America’s, Motion for Summary Judgment on Plaintiff, Larry Martin’s (Martin), claim that the United States negligently caused him to be electrocuted at a hospital owned and operated by the Office of Veteran Affairs. For the reasons discussed below, the United Sta...
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47 F. Supp. 2d 563 (1999) TRADING COMPANY OF NORTH AMERICA, INC., Plaintiff, v. BRISTOL TOWNSHIP AUTHORITY, et al., Defendants. No. Civ.A. 97-6061. United States District Court, E.D. Pennsylvania. April 27, 1999. *564 John W. Wilmer, Media, PA, for Trading Company of North America, Inc., plaintiff. Karen M. Quinn, Stief, Waite, Gross, Sagoskin & Gilman, Newtown, PA, Michael T. Stewart, Peri a...
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47 F. Supp. 2d 678 (1999) SEA HUNT, INC., Plaintiff, v. THE UNIDENTIFIED, SHIPWRECKED VESSEL OR VESSELS, their apparel, tackle, appurtenances, and cargo located within coordinates 38 degrees 01'36" North Latitude, 75 degrees 14'33" West Longitude; 37 degrees 57'21" North Latitude, 75 degrees 13'00" West Longitude; 38 degrees 01'36" North Latitude, 75 degrees 13'14" West Longitude; 37 degrees 57'3...
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45 F.Supp.2d 516 (1999) Lonnie FULTZ, Plaintiff, v. B.A. MULLICAN LUMBER & MANUFACTURING COMPANY, Defendant. No. Civ.A. 97-0295-B. United States District Court, W.D. Virginia, Big Stone Gap Division. February 12, 1999. *517 Robert B. Hines, II, Jonesville, VA, for plaintiff. Jill Morgan Harrison, Abingdon, VA, for defendant. MEMORANDUM OPINION GLEN M. WILLIAMS, Senior District Judge. I. Int...
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ORDER ON PLAINTIFF’S MOTION FOR REMAND TO STATE COURT This cause comes before the Court on Plaintiff, Key Bank U.S.A., N.A.’s, Motion for Remand to State Court, filed February 16, 1999, (Docket No. 7) and response thereto, filed February 25, 1999. (Docket No. 11). BACKGROUND 1.On December 15, 1998, Plaintiff filed a complaint in the Circuit Court for the Sixth Judicial C...
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45 F. Supp. 2d 1335 (1999) Francis W. LABRACHE, Jr., Plaintiff, v. AMERICAN MARITIME OFFICERS PENSION PLAN, Defendant. No. 97-2802-Civ-T-17B. United States District Court, M.D. Florida, Jacksonville Division. April 19, 1999. *1336 Michael James Canan, Gray, Harris & Robinson, P.A., Orlando, FL, John J. Chamblee, Jr., Thomas Loraine Johnson, Law Office of John J. Chamblee, Jr., Tampa, FL, Nich...
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OPINION & ORDER Background Defendant Pablo Vilella (“Pablo” or “Vi-lella”) was charged with one RICO conspiracy count in violation of 18 U.S.C. § 1962(d) (Count 2) and one narcotics conspiracy count in violation of 21 U.S.C. *234 § .846 (Count 31). In the RICO conspiracy count, Vilella was charged, inter alia, with the following predicate acts: (1) con...
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42 F.Supp.2d 854 (1999) Donald C. HARTMAN, Plaintiff, v. HOOK-SUPERX INC. d/b/a Revco, Defendant. No. IP 97-306 C-B/S. United States District Court, S.D. Indiana, Indianapolis Division. March 30, 1999. Kevin Betz, Indianapolis, Indiana, for plaintiff. Thomas E. Deer, Locke Reynolds Boyd & Weisell, Indianapolis, Indiana, for defendant. ENTRY BARKER, Chief Judge. On February 24, 1997, Plaintif...
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MEMORANDUM OPINION AND ORDER Plaintiffs Fort Knox Music, Inc., and Trio Music Company, Inc., bring the instant action for declaratory judgment under the United States Copyright Act, 17 U.S.C. § 101 et seq. (“Copyright Act”), against defendant Philippe Baptiste (“Baptiste”), seeking a declaration that Baptiste is time-barred from commencing any action against plaintiffs challeng...
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ORDER This cause is before the Court on Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction (Dkt.10) and Plaintiffs Response to Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction (Dkt.14). The Court will also consider Defendant’s Motion to Dismiss for Failure to State a Claim upon which Relief can be Granted (Dkt.10) and Plaintiffs Response to Defendant’s Moti...
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ORDER ON PLAINTIFF’S MOTION TO VOLUNTARILY DISMISS COMPLAINT This cause is before the Court on Plaintiffs Motion to Voluntarily Dismiss Complaint and, in the Alternative, Motion for Extension of Time to Respond to Summary *680Judgment and Leave to Amend (Dkt. 20) and Defendant’s response (Dkt. 25). STANDARD OF REVIEW Pursuant to Fed.R.Civ.P. 41(a)(2) an action may be dismissed without prejudic...
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ORDER ON PETITIONER’S MOTION FOR SUMMARY JUDGMENT This cause is before the Court on Petitioner’s motion for summary judgment (Dkt.123), and response (Dkt.125). STANDARD OF REVIEW Summary judgment is proper if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and...
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MEMORANDUM OPINION I. Introduction This case is before the court on appeal from the decision of the United States Bankruptcy Court for the Western District of Virginia (hereinafter, “Bankruptcy Court”). The Appellant, Wachovia Bank, contends that the Bankruptcy Court erred in denying its Motion to Dismiss, and thus allowing Appellee/Debtor’s modified plan to be heard. Appellant contends that Deb...
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APPEAL FROM THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA ORDER ON APPEAL THIS CAUSE comes before the Court on appeal from the objections filed by Epic Metals, Corp., Appellant on various Order’s granted by Chief Bankruptcy Judge Alexander L. Paskay. STANDARD OF REVIEW The applicable standard of appellate review is that findings of fact shall not be set aside...
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42 F. Supp. 2d 773 (1999) Margaret WALKER, Plaintiff, v. NATIONAL RECOVERY, INC., Defendant. No. 98 C 4530. United States District Court, N.D. Illinois, Eastern Division. March 2, 1999. Order Denying Reconsideration, April 29, 1999. *774 Daniel A. Edelman, Ignacio D. Maramba, Charles H. Lee, Edelman & Combs, Chicago, IL, for Plaintiff. David M. Schultz, John M. Foley, Hinshaw & Culbertson...
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MEMORANDUM OPINION At issue in this age discrimination case is whether plaintiffs claims are barred by the statute of limitations. Plaintiff essentially asserts two claims, one based on the 1996 elimination of his permanent position and reassignment to a temporary position, and one based on his 1998 termination from the temporary position. Because the 1996 and 1998 events are not “continu...
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MEMORANDUM OPINION I. Facts and Procedural History The decedent, Henry Lee Lane, Jr., became a resident of Heritage Hall, a skilled nursing facility, in 1996. Mr. Lane suffered from Alzheimer’s disease and, because of an injury to his hip, was confined to a wheelchair. On or about March 29, 1997, the staff of Heritage Hall observed a change in Mr. Lane’s health, and specifically ...
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ORDER ON DEFENDANTS’ MOTIONS TO DISMISS This cause is before the Court on the Bierman Defendants’ Motion to Dismiss (Dkt. No. 8); Defendant Sylvia F. Carra’s Motion to Dismiss (Dkt. No. 9); and Defendant Judge Katherine G. Essrig’s Motion to Dismiss (Dkt No. 11). The Court has considered all responses tó the motions. STANDARD OF REVIEW A district court should not dismiss a complaint unl...
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ENTRY GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Plaintiff, Fred St. John (“St.John”), alleges that the personnel policy adopted by the Ellettsville Town Council conveyed to him'a property right in his continued employment as chief operator of Ellettsville’s wastewater treatment plant. St. John brings a claim under 42 U.S.C. § 1983 against the defenda...
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47 F. Supp. 2d 825 (1999) Michael MADISON, Plaintiff, v. HOUSTON INDEPENDENT SCHOOL DISTRICT; Board of Education for the Houston Independent School District and Dr. Rod Paige, Defendants. Civil Action No. 97-3625. United States District Court, S.D. Texas, Houston Division. April 22, 1999. *826 Laurence Wade Watts, Watts and Associates, Houston, TX, for Michael Madison. David B. Hodgins, Marla A. ...
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ORDER This matter comes before the Court on a motion filed by defendant, Remington Hotel Corporation (the “Hotel” or “Remington”), for summary judgment against both plaintiffs, George M. and Theresa M. Rem-mers (the “Remmers”). The Hotel seeks judgment as a matter of law on all counts of the complaint filed by the Remmers, arguing first that the Court lacks subject matter jurisdiction...
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MEMORANDUM OPINION AND ORDER Sevel Argentina, S.A. (“Sevel”) brings this action against General Motors Corporation and General Motors Overseas Distribution Corporation (“GMODC”) (collectively, “GM”) alleging damages from the breach of various contracts and implied covenants, and, in the alternative, asserting claims for quantum meruit and unjust enrichment. 1 Pursuan...
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OPINION & ORDER This criminal matter requires the Court to examine whether attorney James Gilbert’s joint representation of Defendants Ron Hibbs and James Richter raises actual or serious potential conflicts of interest, and, if so, whether the Defendants may waive such conflict of interest. For the following reasons, the Court concludes that the multiple representation proposed in this case do...
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52 F. Supp. 2d 789 (1999) Divaker R. KATTAR, Plaintiff, v. THREE RIVERS AREA HOSPITAL AUTHORITY, Brad Solberg, Ro Jong Park, Kalamazoo Emergency Associates, P.C. and Andrew W. Latham, Defendants. No. 4:97-CV-147. United States District Court, W.D. Michigan, Southern Division. April 26, 1999. *790 *791 *792 James L. Dyer, Vandervoort, Cooke, McFee, Christ, et al, Battle Creek, MI, for Divaker R. K...
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MEMORANDUM Plaintiff, Holly Hart, filed this sexual harassment action against: i) her former employer, Harbor Court Associates, Va Harbor Court Hotel (“Harbor Court”); ii) Werner Kunz, the General Manager of Harbor Court; and iii) her former supervisor, Yves Behrens. Hart alleges hostile work environment and retaliation in violation of Title VII, as well as several state law claims. 1 Befor...
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64 F. Supp. 2d 816 (1999) TRILITHIC, INC., Plaintiff, v. WAVETEK U.S., INC., Defendants. No. IP 97-0421 C M/S. United States District Court, S.D. Indiana, Indianapolis Division. February 24, 1999. *817 *818 Lynn C. Tyler, Barnes & Thornburg, Indianapolis, IN, for Plaintiff. John C. Altmiller, Kenyon & Kenyon, Washington, DC, for. John C. Altmiller, Kenyon & Kenyon, Washington, D.C., J...
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MEMORANDUM OPINION This matter is before the Court on Plaintiffs and Defendant’s Motions for Summary Judgment. Plaintiff, the United States Postal Service (“USPS”) and Defendant, the American Postal Workers Union (“APWU”), are parties to a collective bargaining agreement known as the National Agreement (“Agreement”). Article 15.1 of the Agreement contains a comprehensive grievanc...
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MEMORANDUM OPINION I. Background and Facts This matter is before this court on cross motions filed by plaintiffs’ counsel and counsel for a nonparty corporation on which plaintiffs’ counsel has issued a subpoena duces tecum compelling the production of certain documents. The plaintiffs in this case are automobile racing fans who have sued various vendors of racing souvenirs and others in the ...
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43 F. Supp. 2d 559 (1999) Billie Bryan MACKEY, Plaintiff, v. Donna SHALALA, Secretary, Department of Health and Human Services, Defendant. No. Civ.A. AW-97-324. United States District Court, D. Maryland, Southern Division. April 26, 1999. *560 *561 John F. Karl, McDonald and Karl, Washington, DC, for plaintiff. Lynn A. Battaglia, United States Attorney, A. David Copperthite, Assistant United Stat...
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*926 ORDER This matter comes before the Court following a hearing held to assist with construction of the claim language in the patent at issue in this infringement dispute. Guided by the Supreme Court in Markman v. Westview Inst., Inc., 517 U.S. 370, 388-90, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996) (“Markman II”), and the Federal Circuit in Markman ...
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48 F. Supp. 2d 1032 (1999) YANG MING MARINE TRANSPORT CORPORATION, Plaintiff, v. OCEANBRIDGE SHIPPING INTERNATIONAL, INC.; Laufer Freight Lines, Ltd.; Okamoto Freighters, Ltd., Defendants. Laufer Freight Lines, Ltd., Cross-Claimant, v. Oceanbridge Shipping International, Inc.; Okamoto Freighters, Ltd., Cross-Defendants. Laufer Freight Lines, Ltd., Third-Party Plaintiff, v. American International ...
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48 F. Supp. 2d 554 (1999) UNITED STATES of America v. Richard F. ALLGOOD, Petitioner/Defendant. Civ. No. 2:98CV952. Crim. No. 2:90cr128. United States District Court, E.D. Virginia, Norfolk Division. April 27, 1999. *555 *556 *557 Janet S. Reincke, Assistant United States Attorney, U.S. Attorney's Office, Norfolk, VA, for USA. James O. Broccoletti, Zoby & Broccoletti, P.C., Norfolk, VA, for d...
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MEMORANDUM OPINION AND ORDER John Doe, who pleaded guilty to a conspiracy charge more than twenty years ago and was sentenced under the Youth Corrections Act, formerly 18 U.S.C. § 5005 et seq. (repealed 1984), now seeks to have the records of his conviction expunged. The Youth Corrections Act provided that if a defendant was discharged before the expiration of the maximum term of supervision, h...
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AMENDED ORDER This matter is before the Court on Defendant Archer Daniels Midland Company’s (“ADM”) Motion to Quash or, in the Alternative, to Modify Plaintiffs’ Subpoena and James R. Randall’s (“Randall”) Motion to Intervene and to Quash Class Plaintiffs’ Subpoena Duces Tecum. For the reasons stated herein, ADM’s Motion to Quash is GRANTED IN PART and DENIED IN PART, and Randall’s Mo...
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ORDER ON PLAINTIFF/COUNTERDE-FENDANT’S AND THIRD-PARTY DEFENDANTS’ MOTION TO DISMISS THE COUNTERCLAIM AND THIRD-PARTY COMPLAINT This cause comes before the Court on Plaintiff/Counter-Defendant’s and Third-Party Defendants’ motions to dismiss the Counterclaim and Third-Party Complaint filed on December 15, 1998 (Dkt.58-59). STANDARD OF REVIEW Under Conley v. Gibson, a district court sh...
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ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT This cause is before the Court on Defendant’s, J.C. Penney Company, Inc., (“J.C.Penney”), Motion for Summary Judgment & Memorandum in Support (Dkt. No; 19) and the Plaintiffs, Sharon E. Troge, (“Troge”), Response in Opposition (Dkt. No. 31). FACTUAL BACKGROUND The complaint in this action was filed on August 21, 1997. The relevant facts, as pled ...
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*676 ORDER ON MOTION FOR APPOINTMENT OF LEAD PLAINTIFFS AND APPROVAL OF PLAINTIFFS’ SELECTION OF CO-LEAD COUNSEL AND LIAISON COUNSEL THIS CAUSE is before the Court on Plaintiffs’, GEORGE EHLERT AND GEORGEANNE EHLERT, Motion for Appointment of Lead Plaintiffs and Approval of Plaintiffs’ Selection of Co-Lead Counsel and Liaison Counsel filed on December 21, 1998. (Docket Nos. 19 & 20). The Defend...
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61 F. Supp. 2d 462 (1999) Marvin Edward JENNINGS, Petitioner, v. PAROLE BOARD OF VIRGINIA, Respondent. No. CIV. A. 98-742-AM. United States District Court, E.D. Virginia, Alexandria Division. April 28, 1999. *463 Mr. Marvin Edward Jennings, Dillwyn, VA, pro se. Mark Early, Attorney General, Matthew P. Dullaghan, Assistant Attorney General, Richmond, VA, for Respondent. MEMORANDUM OPINION ELLIS, ...
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54 F.Supp.2d 588 (1999) Anwar HADDAM, Petitioner, v. Janet RENO, Attorney General, et al., Respondents. No. Civ.A.98-1579-A. United States District Court, E.D. Virginia, Alexandria Division. April 28, 1999. *589 Malea Kiblan, Kiblan & Battles, McLean, VA, Susan Akram, Boston, MA, University Civil Litigation Program, Boston, MA, for Petitioner. Dennis Michael Kennedy, U.S. Attorneys Office, Al...
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47 F.Supp.2d 791 (1999) Mary TROTTER, Armelia Trotter, and Mary Trotter, as Mother and Next Friend of Renada Trotter, Plaintiffs, v. STEADMAN MOTORS, INC. d/b/a J. Martin Autoplex, Willie Jackson and Charles Shealy, Defendants. No. Civ.A. 4:98CV106LN. United States District Court, S.D. Mississippi, Eastern Division. January 14, 1999. *792 Rance N. Ulmer, Attorney, Bay Springs, MS, for plaintiff. ...
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MEMORANDUM DECISION AND ORDER This matter is before the Court on Defendants’ 1 motion for summary judgment and Plaintiff Thomas Winkel’s motion for partial summary judgment. *1296 I. Factual Background Plaintiffs claims stem from his contention that he should have been allowed to participate in an involuntary severance plan that was developed and implemented ...
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48 F. Supp. 2d 859 (1999) Walter BLANCK, Petitioner, v. WAUKESHA COUNTY, Respondent. No. 99-C-260. United States District Court, E.D. Wisconsin. April 7, 1999. *860 Walter Blanck, Waukesha, WI, plaintiff pro se. DECISION AND ORDER MYRON L. GORDON, District Judge. Walter Blanck claims that respondent Waukesha County intends to try him for the same crimes for which he was previously convicted and ...
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47 F. Supp. 2d 1103 (1999) UNITED STATES of America, Plaintiff, v. Susan H. McDOUGAL, Defendant. No. LR-CR-98-82. United States District Court, E.D. Arkansas, Western Division. April 28, 1999. *1104 Kenneth W. Starr, Independent Counsel, by Mark J. Barrett, and Julie L. Myers, Associate Independent Counsel, Office of the Independent Counsel, Little Rock, Arkansas, for plaintiffs. Mark J. Geragos,...
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DECISION and ORDER This is an action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e - 2000e-17 [“Title VII”] and under state contract law. The plaintiff alleges that the defendants, Beaver Dam Emergency Medicine [“BDEM”] and Emergency Resources Group, Inc., [“ERG”] discriminated against her based on her sex and violated the parties’ employment agreement by failing...
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48 F. Supp. 2d 937 (1999) Miriam FLORES, individually and as a parent of Miriam Flores, a minor child, et. al., Plaintiffs, v. State of ARIZONA, et. al., Defendants. No. Civ. 92-596 TUC ACM. United States District Court, D. Arizona. April 14, 1999. *938 *939 Tim Hogan, Arizona Center For Law In the Public Interest, Phoenix, Arizona, for Miriam Flores, plaintiff. Roger W. Hall, Assistant Attorney ...
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47 F.Supp.2d 595 (1999) Lydia BROWN, Plaintiff, v. VITELCOM, INC., Virgin Islands Telephone Corp., Atlantic Tele-Network, Inc., and Atlantic Tele-Network Corp., Defendants. No. Civ. No. 19995-142. United States District Court, Virgin Islands, D. St. Thomas Division and St. John. April 26, 1999. *596 *597 Pedro K. Williams, St. Thomas, U.S.V.I., for plaintiff. Bennett Chan, St. Thomas, U.S.V.I., f...
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OPINION Before the Court are plaintiffs’ motion for sanctions, plaintiff-intervenor’s memorandum in support thereof, defendants’ motion for modification of the 1983 Consent Order, the Special Master’s Recommended Findings of Fact and Conclusions of Law regarding the preceding motions, and related pleadings. Also before the Court are defendants’ demand for a jury trial and related plea...
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47 F. Supp. 2d 16 (1999) Daniel S. JACOBS, Plaintiff, v. Lois J. SCHIFFER, Defendant. No. Civ.A. 97-506(TPJ). United States District Court, District of Columbia. April 16, 1999. *17 Jonathan Robert Turley, Nat. Law Center, Washington, DC, Robert A. Van Kirk, Kathleen L. Jennings, Williams & Connolly, Washington, DC, for plaintiff. Marsha Stelson Edney, Susan Kay Rudy, U.S. Department of Justi...
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44 F.Supp.2d 966 (1999) Robert BOYD, Ashoor Rasho, Faygie Fields and Brian Nelson, Plaintiffs, v. Donald SNYDER, Ronald Shansky, Marion Page, George Detella, George Welborn, Steven Hoepker, Charles Hinsley, Marvin Powers, Kelly Rhodes and IDOC, Defendants. No. 99 C 56. United States District Court, N.D. Illinois, Eastern Division. April 13, 1999. *967 James P. Chapman, Fagel & Haber, Chicago,...
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MEMORANDUM OPINION In this suit, the American Canoe Association and American Littoral Society assert that the Clean Water Act 1 (CWA) and the Endangered Species Act 2 (ESA), in conjunction with the Administrative Procedure Act 3 (APA), impose various nondis-cretionary and discretionary duties on the United States Environmental Protection Agency (EPA) and t...
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RULING ON PLAINTIFFS’ OBJECTION TO MAGISTRATE JUDGE’S RULING REGARDING DISCOVERY MOTIONS (Doc. # 76) Pending before the Court is the plaintiffs’ objection to the Magistrate Judge’s Ruling re: Discovery Motions. (Doc. # 76). Plaintiffs contend that the Magistrate Judge’s ruling on their motion to compel (Doc. # 51) and on defendant’s motion to compel (Doc. # 47) is contrary to law and contains cle...
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47 F.Supp.2d 832 (1999) Burney YOUNG, et al. v. PLAYERS LAKE CHARLES, L.L.C., Players Casino, Players Club International, Inc., Players Lake Charles Riverboat, Inc. d/b/a and/or a/k/a Players III, Players International, Inc., Players Holding, Inc., Players, L.C., Inc. v. Chris Dewayne West. No. Civ.A. G-98-357. United States District Court, S.D. Texas, Galveston Division. April 27, 1999. *833 Jam...
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45 F. Supp. 2d 1265 (1999) Carl JENSEN and Judy Jensen for themselves individually, and on behalf of their children, C.J., AMJ and ABJ, Plaintiffs, v. Muffet REEVES, in her official and individual capacity, The Alpine School District, Defendant Tom Rabb, in his official and individual capacity, Defendant Roy Pehrson, in his official and individual capacity, and Kent Pierce, in his official capaci...
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49 F. Supp. 2d 1283 (1999) Christa WENNEMAN, et al., Plaintiffs, v. Douglas E. BROWN, et al., Defendants. Axel Hofstadt, et al., Plaintiffs, v. Wellshire Securities, Inc., et al., Defendants. Nos. 2:94 CV 967B, 2:96 CV 327B. United States District Court, D. Utah, Central Division. March 19, 1999. *1284 *1285 George Haley, Salt Lake City, UT, Greggory Savage, Salt Lake City, UT, Jessica Dillon, Sa...
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*36 OPINION AND ORDER I. Introduction and Background The Court has before it Motion of Plaintiff to Disqualify McConnell Valdés and Louis R. Moffa Jr. as Defendant’s Counsel (docket No. 24), Defendant’s Opposition to Plaintiffs Motion to Disqualify Counsel and Request for Sanctions (docket No. 28). Defendant’s Motion to Dismiss and for Sanctions Pursuant to Rule 37 of the Federal Rules of Civil...
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OPINION & ORDER I. INTRODUCTION Before the Court are Co-Defendant Ar-gemiro Gomez’s Motion to Dismiss and Brief in Support of Argemiro Gomez’s Motion to Dismiss (docket No. 12) and Plaintiffs Opposition to Co-Defendant’s Motion to Dismiss (docket No. 25). Plaintiff Fernando Rochet Canabal (“Rochet”) brings this action against Defendants Aramark Corporation, Aramark Servi...
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51 F.Supp.2d 61 (1999) Dilcia Ocasio BERRIOS, Plaintiff, v. BRISTOL MYERS SQUIBB, Puerto Rico, Inc., et seq., Defendants. Civil No. 98-2071(JP). United States District Court, D. Puerto Rico. April 26, 1999. *62 Maria S. Kortright Soler, San Juan, PR, for plaintiff. James D. Noel, McConnel Valdés, San Juan, PR, for defendant. ORDER PIERAS, Senior District Judge. I. INTRODUCTION Before the Court...
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45 F. Supp. 2d 1070 (1999) UNITED STATES of America, Plaintiff, v. MOON LAKE ELECTRIC ASSOCIATION, INC., Defendant. No. 98-CR-228-B. United States District Court, D. Colorado. January 20, 1999. *1071 Joseph Mackey, United States Attorney's Office, Criminal Division, Denver, CO, for plaintiff. Peter R. Nadel, Gorsuch, Kirgis LLP, Denver, CO, Mark R. Gaylord, Suitter Axland, Salt Lake City, UT, for...
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45 F. Supp. 2d 1027 (1999) VENETIAN CASINO RESORT, L.L.C., a Delaware limited liability company, Plaintiff, v. LOCAL JOINT EXECUTIVE BOARD OF LAS VEGAS; Culinary Workers Union, Local No. 226, an unincorporated association; Bartenders Union, Local No. 165, an unincorporated association; Clark County, a political subdivision of the State of Nevada; Stewart Bell, in his capacity as District Attorney...
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48 F. Supp. 2d 862 (1999) Victoria L. VALENTE, Ralph Abagian, and Brenda L. Moorer, Plaintiffs, v. SOFAMOR, S.N.C., et al., Defendants. No. 96-C-1327. United States District Court, E.D. Wisconsin. April 29, 1999. *863 Ronald S. Goldser, Keelyn M. Friesen, Zimmerman Reed, Minneapolis, MN, for plaintiffs. Thomas Arenz, K. Michael Cooley, Whyte Hirschboeck Dudek, Milwaukee, WI, for defendants. DECI...
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ORDER This is an employment discrimination action brought under Title VII of the Civil Rights Act of 1964, as amended [42 U.S.C. §§ 2000e, et seq.], and the Florida Civil Rights Act of 1992 [Fla. Stat. §§ 760.01, et seq.]. The case is set for jury trial this month. All legal issues except one have been resolved at the pretrial conference. However, that issue has ...
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MEMORANDUM OPINION This libel case arises out of a series of televised investigative reports. The television station and its reporter suggested that plaintiff, a member of the Colombian Senate who also is a physician practicing in the New York area, touts credentials which “are largely invented.” 1 The claim, in essence, is that Dr. Lopez’s resume substantially exaggerates his ...
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*501 OPINION AND ORDER Plaintiff Suzanne Raiola (“Raiola”) alleges discrimination on the basis of her sex under Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e et seq. Defendant Warburg Dillon Read LLC (“Warburg”) moves to compel arbitration of Raiola’s claims pursuant to Sections 2^4 of the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 2-4, and to dism...
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MEMORANDUM OF DECISION AND ORDER In this negligence action involving the assault by one inmate against an informant inmate, who should not have been housed together, and a consequent suit for damages, the only issues presently before the Court are: (1) whether the plaintiffs, at the conclusion of the evidence, should be permitted to amend their complaint to allege, pursuant to CPLR 1602(2)(iv...
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MEMORANDUM-DECISION & ORDER Before the Court is petitioner Eric D. Bryant’s motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. For the reasons that follow, petitioner’s motion is denied in all respects. I. BACKGROUND On March 8, 1996, pursuant to an agreement with the United States, petitioner Eric D. Bryant pled guilty to engaging in a continuing ...
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MEMORANDUM DECISION AND ORDER I have before me the following motions for disposition: 1. A motion by defendants the Town of Harrison, the Town of Harrison Police Department, and Police Officer Robert Schanil to dismiss the complaint for failure to state a claim against each of them. 2. A cross motion by plaintiff for leave to amend the complaint to cure certain of the defects id...
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MEMORANDUM AND ORDER Defendant Premium Polymers, Inc. (“Premium”) renews its motion for summary judgment against plaintiff Flame Cut Steel Products Co., Inc. (“Flame Cut”). Premium’s motion for summary judgment was previously denied with leave to renew at the conclusion of discovery. Background (1) On October 1, 1995, defendant Performance Foams & Coatings, I...
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MEMORANDUM-DECISION & ORDER Plaintiff The Dow Chemical Company (“Dow”) brings this action for patent infringement pursuant to 35 U.S.C. § 271 against defendant Astro-Valcour, Inc. (“AVI”). Presently before the Court are AVI’s motions for the construction of various claim terms in Dow’s patents. *296 I. BACKGROUND A. Facts Both Dow and AVI manufacture and sell plast...
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MEMORANDUM OF DECISION AND ORDER Plaintiff David McNally filed a two-count Complaint against Defendant Prison Health Services (“PHS”) on August 12, 1998 (Docket No. 1). In Count I of the Complaint, Plaintiff claims that the alleged deliberate indifference exhibited by PHS to his serious medical needs constituted a deprivation of his constitutional rights, cognizable under 42 U.S.C. § 1983. In C...
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MEMORANDUM OPINION AND ORDER On this day came on for consideration Defendants’ Motion to Set Aside the Special Verdicts of Forfeiture with Incorporated Memorandum of Law, and after consideration of the motion, response, Defendants’ supplemental brief, the Government’s supplemental brief, the evidence presented at trial, the evidence and argument presented at the sentencing hearing whi...
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MEMORANDUM OF DECISION AND ORDER Plaintiffs Charles French and George Lewis filed a five-count Complaint against Bath Iron Works, Corp. (“BIW”) on January 20, 1999 (Docket No. 1). Counts I and II of the Complaint allege that BIW terminated Plaintiffs’ employment in violation of the Age Discrimination in Employment Act, 29 U.S.C.A. § 621 et seq. (the “ADEA”), and the Maine Human Rights Act, 5 ...
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MEMORANDUM OF DECISION AND ORDER Plaintiff Pamela Bergeron filed a six-count Complaint against the United States Postmaster, the Maine Merged Branch 92, National Association of Letter Carriers (“Union”), and Paul Robinson and Tom Ostrowski, in their individual capacities, on October 23,1998 (Docket No. 1). She filed an Amended Complaint with only slight changes on November 3, 1998 (Docket No. 2...
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48 F. Supp. 2d 714 (1999) Juan Carlos AYUS, M.D.,P.A. and Juan Carlos Ayus, M.D. v. TOTAL RENAL CARE, INC. No. Civ.A. G-98-336. United States District Court, S.D. Texas, Galveston Division. April 26, 1999. *715 Ted C Litton, Royston Rayzor Vickery and Williams, Houston, TX, for Ted Litton, mediator. Timothy A Beeton, Simpson and Beeton, Texas City, TX, J Christopher Reynolds, Gibbs & Bruns, H...
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MEMORANDUM AND ORDER This is an action for injunctive relief and damages brought by plaintiff American Express Financial Advisors, Inc. (“AEFA”) against Defendant Richard Zito (“Zito”), a former financial planner for AEFA. In support of several different causes of action, AEFA alleges, essentially, that Zito has misappropriated confidential information concerning AEFA clients and used...
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OPINION AND ORDER Plaintiff Valerie Sacay brings this action against the Research Foundation of the City University of New York, the City University of New York, Brooklyn College, Assistant Dean for Brooklyn College Christine Pérsico, and Director of the Office of Adult and Continuing Education at Brooklyn College Mary Rose Morris for discrimination and retaliation under the American with...
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DECISION AND ORDER Movant City of Troy is the Plaintiff in City of Troy v. Capital District Sports, Inc., et al., (“Troy Action”), originally brought in New York Supreme Court, Rensselaer County, Case No. 185773. On June 3, 1998, the Debtor Albert Lawrence, who was at the time Chairman of Capital District Sports, Inc. (“CDS”) and also held financial interests in the corpora...
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ORDER This cause comes before the Court on the following motions, filed in accordance with the Court’s August 7,1998 Order: (1) Motion by Third-Party Defendant United States of America for Summary Judgment (Doc. Nos. 41 & 42, filed September 23, 1998) and (2) Intervenor Plaintiffs, American States Insurance Company, Supplemental Brief Establishing Priority of Rights to Interpled Funds...
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ORDER Plaintiff Melanie Sacay brings this action against the Research Foundation of the City University of New York, the City University of New York, Brooklyn College, Assistant Dean for Brooklyn College Christine Pérsico, and Director of the Office of Adult and Continuing Education at Brooklyn College Mary Rose Morris for retaliation under the American with Disabilities Act (“ADA”), 42 U...
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MEMORANDUM Defendant C'Aron White-Hamilton ["White-Hamilton"] has moved to dismiss plaintiff M&T Mortgage Corp.'s ["M&T Mortgage"] foreclosure action against her, arguing that, under V.I. Code Ann. tit. 13, § 533(a), the plaintiff cannot bring suit because it has not paid its annual Territorial franchise tax. On January 22, 1999, the Court held a hearing on this matter and denied White-Ham...
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MEMORANDUM OPINION AND ORDER OF CLARIFICATION On March 19, 1999, FDIC filed a Motion for Leave to File Materials under Seal and a Request for Clarification. FDIC seeks clarification as to whether the February 17, 1999 Order (“Order”) precludes it from investigating and possibly referring to the Department of Justice, suspected violations by James L. Sexton of government- *1110 ...
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ORDER Before the Court is Plaintiffs’ Motion to Compel Deposition Testimony of Chuck Di Rocco (# 228, filed November 25, 1998). It is supported by the Declaration of Steven B. Chroman (#229, filed November 30, 1998). Defendants’ Opposition to Plaintiffs’ Motion to Compel ... (# 231) was filed December 14, 1998. A Joinder of Chuck Di Rocco (# 232), to Defendants’ Opposition, was filed on December ...
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47 F.Supp.2d 216 (1999) Pedro Romero ROIG, et al., Plaintiffs, v. PUERTO RICO NATIONAL GUARD, et al., Defendants. Civil No. 99-1367(PG). United States District Court, D. Puerto Rico. April 28, 1999. *217 Wilfredo Ruiz-Cabán, Hato Rey, PR, Stuart A. Kirsch, American Federation of Government Employees, Riverdale, GA, for plaintiff. Marie Cortés-Cortés, Federal Litigation Division, Dept. of Justice,...
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47 F.Supp.2d 159 (1999) Barry BURBANK, Petitioner, v. Michael MALONEY, Respondent. No. CIV. A. 98-11275-WGY. United States District Court, D. Massachusetts. April 29, 1999. *160 Barry Burbank, Bridgewater, MA, pro se. L. Scott Harshbarger, Attorney General's Office, Kenneth E. Steinfield, Office of the Attorney General, Criminal Bureau, Boston, MA, for Respondent. MEMORANDUM AND ORDER YOUNG, Chi...
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47 F. Supp. 2d 151 (1999) OLIN CORPORATION, Plaintiff, v. FISONS PLC, Nor-Am Chemical Corp., American Biltrite, Inc., And the Biltrite Corporation, Defendants. Civil Action No. 93-11166-WGY. United States District Court, D. Massachusetts. April 28, 1999. *152 Robert S. Sanoff, Jonathan M. Ettinger, Foley, Hoag & Eliot, Boston, MA, Charles Swinburn, Morgan, Lewis & Bockius, Washington, DC,...
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45 F. Supp. 2d 132 (1999) Robert MOWBRAY, Plaintiff, v. WASTE MANAGEMENT HOLDINGS, INC., Defendant. No. Civ.A. 98-11534-WGY. United States District Court, D. Massachusetts. April 26, 1999. *133 Edward F. Haber, Shapiro, Haber & Urmy, LLP, Boston, MA, for Robert Mowbray, on his own behalf and on behalf of all others similarly situated, plaintiff. James R. Carroll, Skadden, Arps, Slate, Meagher...
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48 F. Supp. 2d 420 (1999) PURDUE PHARMA, L.P., and The Purdue Frederick Company, Plaintiffs, v. F.H. FAULDING AND COMPANY, Faulding Inc., Purepac Pharmaceutical Co., and Zeneca Inc., Defendants. No. Civ.A. 96-427-JJF. United States District Court, D. Delaware. April 23, 1999. *421 *422 *423 William J. Marsden, Jr., Joanne Ceballos, Potter Anderson & Corroon LLP, Wilmington, Delaware, S. Lesli...
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DECISION AND ORDER Presently before'the Court are the proposed findings of fact and conclusions of law of the Honorable Stephen Gerling, Chief Bankruptcy Judge, pursuant to 28 U.S.C. § 157(c)(1), addressing two adversary proceedings commenced by the debt- or, Jaan Aarismaa, IV. *236 After examining the record, I have determined that the Report-Recommendation is not subject t...
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47 F. Supp. 2d 276 (1999) James NANCE v. M.D. HEALTH PLAN, INC. and Michelle McNeil. No. 3:98CV221 JBA. United States District Court, D. Connecticut. March 31, 1999. Ira B. Grudberg, Jacobs, Grudberg, Belt & Dow, P.C., New Haven, CT, Keith M. Krom, Maye & Krom, New Haven, CT, for James Nance, plaintiff. John G. Zandy, Stephen B. Harris, Wiggin & Dana, Hartford, CT, for MD Health Plan,...
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MEMORANDUM Plaintiff Omnipoint Communications, Inc. (Omnipoint) filed this action under 42 U.S.C. § 1983 and the Telecommunication Act of 1996, 47 U.S.C. § 332(c)(7), contending that the defendant Foster Township (Foster) improperly denied Omnipoint’s request for a special exception to erect a 195 foot monopole on a two-acre lot in a C-1 zoned area. (Dkt. Entry 1. ) In its complaint, Omni...
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47 F. Supp. 2d 899 (1999) PLATING RESOURCES, INC., Plaintiff, v. UTI CORPORATION d/b/a/ Micro-Coax, and Metfab Technologies, Inc., Defendants. No. 5:99-CV-105. United States District Court, N.D. Ohio, Eastern Division. April 23, 1999. *900 *901 David C. Tryon, Porter, Wright, Morris & Arthur, Cleveland, OH, for Plating Resources, Inc., plaintiff. Robin G. Weaver, Philip Oliss, Squire, Sanders...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on Plaintiffs’ Motion for Class Certification.1 Having reviewed the relevant pleadings and responses and heard argument on all pertinent motions,2 the Court GRANTS Plaintiffs’ Motion for Class Certification. I. FACTUAL BACKGROUND Plaintiffs filed this class action over five years ago on June 17, 1993. The plaintiffs are used car purchas...
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APPEAL FROM THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS This appeal from an order of the bankruptcy court denying a motion to compel payment of a postpetition expense presents the question whether the court erred in interpreting one of its prior orders. Concluding that it did not err, the order is AFFIRMED. I Appellant Highland Hills, Ltd. (“Highland Hills”), a chapter 1...
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47 F.Supp.2d 1216 (1999) WESTERN LAND EXCHANGE PROJECT, a Washington nonprofit corporation; Central Oregon Forest Issues Committee, an Oregon nonprofit corporation; Wild Wilderness, an Oregon unincorporated association; and Sierra Club, Plaintiffs, v. Michael DOMBECK, Chief, U.S. Forest Service; Robert Williams, Regional Forester; and United States Forest Service, U.S. Department of Agriculture, ...
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MEMORANDUM This is a class action lawsuit under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001 et seq. The plaintiffs, former employees of the defendant, Consolidated Rail Corporation (“Conrail”), challenge the legality of certain actions Conrail took with respect to its employee pension plan, and more specifically with respect to its voluntary sep...
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OPINION AND ORDER The matters before the court are the applications of the plaintiff, Harold Atkins, for attorney fees,and responses pursuant to the Equal Access to Justice Act (# 28, # 29, # 46 and # 53) on remand. BACKGROUND On November 15, 1993, this court entered a judgment vacating the decision of the Secretary and remanding this case to the Administrative Law Judge (ALJ) t...
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ORDER This matter is before the Court on motion by complainants in limitation, Falcon Work-over Co., Inc. (“Falcon”) to review an order of the magistrate judge regarding a vocational rehabilitation examination under Federal Rule of Civil Procedure 35. Finding that the magistrate judge’s order is neither “clearly erroneous” nor “contrary to law”, the Court overrules the objection and AFFIRMS the ...
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45 F. Supp. 2d 1043 (1999) Rodney STRAUSS, Plaintiff, v. Kenneth S. APFEL, Commissioner, Social Security Administration, Defendant. No. Civ.A. 98-922-FR. United States District Court, D. Oregon. April 28, 1999. David B. Lowry, Portland, OR, for plaintiff. Kristine Olson, United States Attorney, William W. Youngman, Assistant United States Attorney, Portland, OR, Richard *1044 Buckley, Special Ass...
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47 F. Supp. 2d 1339 (1999) UNITED STATES of America v. P. Darrell ACORD, Virginia G. Acord, Peggy A. Graydon a/k/a Peggy A. Owens, and Ricky D. Acord. No. CR. 98-076-N. United States District Court, M.D. Alabama, Northern Division. April 7, 1999. John M. Bolton, III, David B. Byrne, Jr., Robison & Belser, P.A., Montgomery, AL, for P. Darrell Acord, Virginia G. Acord. David Cromwell Johnson, J...
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48 F. Supp. 2d 499 (1999) Deborah R. PETTY, Individually, and as next friend and legal guardian of Daniel C. Anderson, a minor plaintiff, and; Sharon P. Long and James M. Long, Individually, and as next friends and legal guardians of Justin Lamont Long, a minor plaintiff, and; Daniel C. Anderson, Plaintiffs, v. Kirt E. MULLINGS, Cpl., Prince George's County Police Department, and; Richard Roe, Un...
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MEMORANDUM OPINION AND ORDER This case raises the issue of whether a non-employer can be held liable under the Employees Retirement Income Security Act (“ERISA”) for withdrawal liability when that party is alleged to have engaged in a transaction with a principal purpose of evading and avoiding withdrawal liability. The Court answers this question in the affirmative. The Board of Trustees of th...
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47 F. Supp. 2d 692 (1999) Justine GOFF, et al., Plaintiffs, v. Shaun R. JONES & Earl T. Jones, Defendants. No. Civ.A. 98-1558-A. United States District Court, E.D. Virginia, Alexandria Division. April 28, 1999. *693 Andrew McGuire, Samuel Bogash, Washington, D.C., for plaintiff. David L. Marks, Brandt, Jennings, Roberts, Davis & Snee, PLLC, Falls Church, VA, for defendants. MEMORANDUM OP...
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MEMORANDUM OPINION AND ORDER Plaintiff Esmeralda Cruz (“Cruz”) brings the instant action against Kenneth Apfel, the Commissioner of Social Security (“Commissioner”), seeking review of the Commissioner’s decision finding Cruz to be ineligible for Supplemental Security Income (“SSI”) benefits. Both parties move for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Pro...
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MEMORANDUM OPINION AND ORDER Plaintiff David Echevarria (“Echevar-ria”), an inmate in the custody of the New York State Department of Correctional Services proceeding pro se, brings the instant action pursuant to 42 U.S.C. § 1983. Echevarria alleges that during his incarceration at Riker’s Island Correctional Facility (“Riker’s Island”), prison officials violated his civil rights by failing to ...
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ORDER Cheryl Bischoff and Vicky Stites sue Osceola County and the Osceola County Sheriff, Charles Croft, arguing that the plaintiffs’ constitutional rights were chilled when they witnessed the arrest of several of their companions during a public demonstration. Several motions are presently before the court. Osceola County moves to dismiss (Doc. 22) the plaintiffs’ action, and Sheriff Cro...
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OPINION AND ORDER Introduction Plaintiffs, the Hon. David Breck, the Hon. William Lucas, the Hon. Clayton E. Preisel, the Hon. Michael Schwartz, and the Hon. George E. Montgomery, (collectively “the judges”) have relied upon the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution to challenge the legitimacy of a Michigan election law that will disqualify them on ...
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MEMORANDUM OPINION Plaintiff DIMON Incorporated (“DI-MON”) and a wholly owned subsidiary purchased all of the stock of Intabex Holdings Worldwide, S.A. (“Intabex”) and the assets of Tabex (Private) Limited, now Blair Investments (Private) Limited (“Tabex”) in April 1997 for a total of $264,190,000. DIMON now alleges it was fraudulently induced to overpay for the acquisition and brings thi...
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48 F. Supp. 2d 809 (1999) Scott R. GILCHRIST, Plaintiff, v. KANE COUNTY CORRECTIONAL CENTER & Kenneth Ramsey, Defendants. No. 297 C 3478. United States District Court, N.D. Illinois, Eastern Division. May 4, 1999. *810 Scott R. Gilchrist, Aurora, IL, pro se. Robert P. Vogt, Weldon — Linne & Vogt, Chicago, IL, for defendants. MEMORANDUM OPINION AND ORDER ALESIA, District Judge. Before the...
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48 F. Supp. 2d 805 (1999) AA SALES & ASSOCIATES, INC. & Trade America Corp., Plaintiffs, v. JT & T PRODUCTS CORP. & Jerome T. Nelson, Defendants. No. 98 C 7954. United States District Court, N.D. Illinois, Eastern Division. May 4, 1999. Richard P. Campbell, Anthony S. DiVencenzo, Campbell & DiVencenzo, Chicago, IL, for plaintiffs. Gary Lee Starkman, George J. Spathis, Ross &am...
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48 F. Supp. 2d 790 (1999) Derrick BICKERSTAFF, an individual, Plaintiff, v. NORDSTROM, INC., an Illinois corporation, Defendant. No. 98 C 0070 United States District Court, N.D. Illinois, Eastern Division. May 3, 1999. *791 *792 John Reid Malkinson, Seth Robert Halpern, Malkinson & Halpern, P.C., Jason A. Fogg, Weiner & Associates, Scott P. Weiner, Chicago, IL, for Plaintiff. James J. Oh,...
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RULING ON DEFENDANTS’ RENEWED MOTION TO DISMISS BASED UPON FORUM NON CON-VENIENS [DOC. #99] AND PLAINTIFFS’ MOTION TO PRECLUDE DEFENDANTS’ RENEWED MOTION TO DISMISS [DOC. 97] In 1995, defendants, United Technologies Corporation (“UTC”) and Otis Elevator Co. (“Otis”), filed a motion to join International Elevator, Inc.’s motion to dismiss based on forum non conveniens. [doc....
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RULING ON AETNA SERVICES, INC’S MOTION TO DISMISS [DOC. #22] Pending before this Court is Aetna Service, Inc.’s Motion to Dismiss the Second Count of the Plaintiffs Amended Complaint alleging medical malpractice on the grounds that such claim is preempted by the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. (“ERISA”). For reasons that follow, Defendant’s Motion to...
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47 F.Supp.2d 670 (1999) CRESTAR BANK and Diane Linen Powell, as Executors of the Estate of James A. Linen, IV, Plaintiffs, v. INTERNAL REVENUE SERVICE and United States of America, Defendants. No. Civ.A. 3:98cv321. United States District Court, E.D. Virginia, Richmond Division. April 26, 1999. *671 Robert S. Parker, Richmond, VA, for plaintiffs. Joan E. Evans, United States Attorney's Office, Ric...
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RULING ON DEFENDANT’S MOTION TO DISMISS (Doc. # 13) This diversity and federal question action arises from defendant Northeast Nuclear’s decision to deny plaintiff Kenneth Brown’s access to its Millstone Nuclear Power plant and its subsequent decision to revoke his security clearance thereby resulting in his termination. Northeast Nuclear has moved to dismiss the state law claims in ...
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48 F. Supp. 2d 132 (1999) FIRST UNION NATIONAL BANK, Plaintiff, Fleet Bank, N.A. Consolidated-Plaintiff Office of the Comptroller Of The Currency, Intervenor-Plaintiff, v. The Honorable John P. BURKE, Banking Commissioner, Defendant. No. 3:98CV2171 JBA. United States District Court, D. Connecticut. April 7, 1999. *133 *134 Donald E. Frechette, Edwards & Angell, Hartford, for First Union Natl ...
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OPINION AND ORDER • Plaintiff U.S. West Communications, Inc. (“US West”) brings this action against AT & T Communications of the Pacific Northwest, Inc. (“AT & T”), MCImetro Access Transmission Services, Inc. (“MCI”), Sprint Communications Company (“Sprint”), the Oregon Public Utility Commission (“PUC”), and PUC Commissioners Roger Hamilton, Ron Eachus, and Joan Smith. The' Federal Commun...
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MEMORANDUM AND ORDER Felicita Muniz (“Muniz”) brings suit on behalf of herself and her minor child, Stephanie Santiago (“Santiago”) (together, “plaintiffs”) against the City of New York (“City”) and Johnny Hernandez (“Hernandez”). Plaintiffs seek damages against the City for lead-based paint poisoning suffered by Santiago, based on alleged causes of action under the Lead-based Paint P...
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MEMORANDUM OPINION Shawn K. Layell appeals from two separate orders entered by the Bankruptcy Court. The first order dismissed with prejudice Layell’s Amended Complaint in an adversary proceeding to determine the validity of a mortgage held by Home Life and Investment Bank. See Layell v. Home Loan & Investment Bank F.S.B., Bank. Case No. 97-38756-T, Adv. Case No. 98-03025 (June...
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MEMORANDUM OPINION AND ORDER The above cases are all product liability actions for the recovery of injuries allegedly resulting from defective bone screw devices. The Court has jurisdiction pursuant to 28 U.S.C. § 1332. In CM Action No. 1:96-CV-3163-RWS, the following motions are pending: Sofa-mor Defendants’ Motion for Summary Judgment [18-1], Sofamor Defendants’ Motion for Oral...
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54 F.Supp.2d 681 (1999) Delbert CUEVAS v. BUREAU OF PRISONS, et al. Civil Action No. 99-535. United States District Court, E.D. Louisiana. April 28, 1999. *682 Samuel S. Dalton, Jefferson, LA, for plaintiff. Greg Gerard Guidry, U.S. Attorney's Office, New Orleans, LA, for defendants. ORDER AND REASONS FALLON, District Judge. Before the Court is the petition of Delbert Cuevas ("Cuevas") for writ ...
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48 F. Supp. 2d 1181 (1999) INSURANCE & CONSULTING ASSOCIATES, LLC, Plaintiff, v. ITT HARTFORD INSURANCE GROUP: Hartford Fire Insurance Co., Hartford Casualty Insurance Co., Hartford Underwriters Insurance Co., Twin City Fire Insurance Co., Hartford Insurance Co. of the Midwest, Trumbull Insurance Co., Defendant. No. 97-0246-CV-W-BC. United States District Court, W.D. Missouri, Western Divisio...
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ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Plaintiff Rose A. High seeks review of the final decision of the Commissioner denying plaintiffs applications for a period of disability and disability insurance benefits under Title II and Title XVI of the Social Security Act (“the Act”), 42 U.S.C. § 401, et seq.; 42 U.S.C. § 1382 et seq. Plaintiff argues th...
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48 F. Supp. 2d 620 (1999) Ronald G. SALMONS, Plaintiff, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, et al., Defendants. No. Civ.A. 2:99-0215. United States District Court, S.D. West Virginia, Charleston Division. May 4, 1999. *621 *622 Richard D. Owen, Tammy G. Owen and Alexander Macia, Goodwin & Goodwin, Charleston, WV, for plaintiff. Elizabeth D. Harter and Lisa M. Drabik, Bowles, Rice,...
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MEMORANDUM AND ORDER This ease involves a breach of contract suit by Entergy Services, Inc. (“ESI”) and Enter-gy Arkansas, Inc. (“EAI”) (hereinafter collectively referred to as “Entergy”) against Union Pacific Railroad (“UP”) based on Rail Transportation Agreements whereby UP was to transport coal from the Powder River Basin (“PRB”) in Wyoming and Montana to Entergy’s coal-fired power pla...
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MEMORANDUM AND ORDER Mohammad Shafayet Hossain sued Rauscher Pierce Refsnes, Inc. (RPR) and Regional Operations Group, Inc. (ROG) seeMng to recover funds defendants allegedly withdrew from the plaintiffs account *1166 without his permission. In Count 1 of his complaint, plaintiff contepds he was a third-party beneficiary to a clearing agreement between defendants and Prim...
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47 F. Supp. 2d 272 (1999) Ben GYADU v. WORKERS' COMPENSATION COMMISSION, and Hartford Insurance, Co. No. 3:96CV1559 JBA. United States District Court, D. Connecticut. March 30, 1999. Ben F. Gyadu, Waterbury, CT, plaintiff pro se. Donna J. Hixon-Smith, Attorney General's Office Collections, Hartford, CT, for Worker's Compensation Commission, defendant. Paul E. Pollock, Raymond J. Plouffe, Jr., Kev...
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MEMORANDUM ORDER Plaintiff Patsy G. Hinton has applied for Social Security disability and supplemental security income benefits. In her application, she stated she became disabled on January 5, 1990 as the result of asthma. Her applications were denied initially and on reconsideration. On August 13, 1993, an administrative law judge (ALJ) found that Hinton was disabled and entitled to...
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ORDER Pending is the motion of defendants Capital City Mortgage Company and its president, Thomas K. Nash (collectively “Capital City”) to file a second third-party complaint to implead an additional 51 third-party defendants. The Court requires further information from the parties to be in a position to rule on this motion. By way of background, the Federal Trade Commission (“FTC”) brought thi...
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48 F. Supp. 2d 32 (1999) Ronald THOMAS, Plaintiff, v. Rodney E. SLATER, Secretary, U.S. Dept. of Transportation, et al., Defendants. No. Civ.A. 98-0004(JHG). United States District Court, District of Columbia. April 28, 1999. Charles Elliot Wagner, Wagner & Associates, Washington, DC, for Ronald L. Thomas, plaintiff. Daniel Franklin Van Horn, U.S. Attorney's Office, Washington, DC, Wilma Anto...
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DECISION AND ORDER Plaintiff Saleh Ahmed brings this action pursuant to 7 U.S.C. § 2023(a). Pending before this Court is plaintiffs motion for a preliminary injunction, seeking to enjoin the enforcement of a final determination issued by the United States Department of Agriculture, Food and Nutrition Service1 (“FNS” or “the Agency”) permanently disqualifying his retail food store, Martinez Groc...
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RULING ON MOTION TO DISMISS [DOC. #20] AND MOTION FOR PRELIMINARY INJUNCTION [DOC. # 3] Plaintiff American Charities is a membership organization whose members consist of numerous charities, nonprofit “umbrella” organizations, and other fund-raising organizations. Plaintiff Bill of Rights Foundation (“BRF”), which joined this action as a co-plaintiff by way of the Amended C...
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47 F. Supp. 2d 1013 (1999) Kelly A. CRUM, as administrator, of the Estate of Gary L. Crum, Deceased, and Kelly A. Crum, individually, Plaintiff, v. HEALTH ALLIANCE-MIDWEST, INC., Defendant. No. 98-CV-2241. United States District Court, C.D. Illinois, Danville/Urbana Division. May 6, 1999. *1014 *1015 David A. Tuggle, Tuggle & Schiro, Danville, IL, for plaintiff. David L. Drake, Drake, Narup &...
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Ruling on Plaintiffs’ Motion for Attorneys’Fees and Costs [DOC. # 69] Plaintiffs move for an award of attorneys’ fees and costs pursuant to 42 U.S.C. § 1988(b) in the amount of $73,825.50. Federal law provides that “In any action or proceeding to enforce a provision of [42 U.S.C. § 1983], the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attor...
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DECISION AND ORDER In this action brought under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., plaintiff Don A. Cerasoli alleges that his employer, Xomed, Inc., misrepresented to him that his coverage under Xomed’s long-term disability plan (“the plan”) would commence immediately upon his employment with Xomed, whereas in fact coverage did not begin until n...
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48 F. Supp. 2d 645 (1999) Jesse Joe PATRICK, Petitioner, v. Gary JOHNSON, Director Texas Department of Criminal Justice, Institutional Division, Respondent. No. 3-98-CV-2291-P. United States District Court, N.D. Texas, Dallas Division. May 5, 1999. Keith S. Hampton, Austin, Texas, for petitioner. Christina Thompson, Assistant Attorney General, Austin, Texas, for respondent. MEMORANDUM OPINION AN...
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ORDER Before the Court is the Allisons’ appeal from the Order and Judgment of the United States Bankruptcy Court for the District of Montana entered on December 4, 1998. Also pending is the motion for sanctions against the Allisons filed by the Boilermaker-Blacksmith National Pension Trust [the Trust]. DISCUSSION The Allisons’ Appeal This Court reviews the bankruptcy court’s interpretat...
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OPINION AND ORDER This cause is before the Court pursuant to the Motion to Remand filed by Plaintiff Truly, Smith, Latham & Kuehnle, a law firm based in Natchez, Mississippi. Plaintiff asks that the Court remand this case to the Chancery Court of Adams County, Mississippi. Having considered the Motion, briefs of the parties and applicable legal authorities, the Court rules that Motion to Remand...
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ORDER Plaintiff filed an application for disability benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq. The claim was denied initially and on reconsideration. On December 6, 1996, following a hearing, an administrative law judge (ALJ) found that plaintiff was not under a “disability” as defined in the Social Security Act. On October 3, 1997, the Appeals Council of the...
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47 F. Supp. 2d 141 (1999) Frank R. SAIA and Diane Saia, Plaintiffs, v. SEARS ROEBUCK AND CO., INC. and Escalade Sports, Inc., Defendants. No. CIV.A. 98-30034-KPN. United States District Court, D. Massachusetts. April 27, 1999. *142 Frank R. Saia, Springfield, MA, Colin Keefe, Frank R. Saia, for Frank R. Saia, Diane Saia, Plaintiffs. Christine M. Netski, Keith S. Brown, Sugarman, Rogers, Barshak &...
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ORDER Plaintiff, a Virginia inmate proceeding pro se, has submitted this 42 U.S.C. § 1983 complaint alleging defendants violated his rights under the Eighth Amendment by depriving him of direct sunlight for more than one hundred days. Plaintiff names as defendants Carl L. Peed, Sheriff of Fairfax County, Sergeant Sousa, Recreation Supervisor of the Fairfax County Adult Detention Center (FCA...
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47 F.Supp.2d 1087 (1999) John O. WORTH, d/b/a Worth Law Offices, Plaintiff, v. TAMARACK AMERICAN, a Division of Great American Insurance Co., and American National Fire Insurance Co., a subsidiary of Great American Insurance Co., Defendant. No. IP 97-1757 CB/S. United States District Court, S.D. Indiana, Indianapolis Division. March 31, 1999. *1088 *1089 *1090 Rodney V. Taylor, Christopher & ...
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47 F. Supp. 2d 1075 (1999) Steven W. JOHNSON, Sandra G. Johnson, Plaintiffs, v. UNITED STATES OF AMERICA, United States Justice Department, United States Marshals Service and Unnamed Agents of the United States Marshal Service, Defendants. No. IP 97-1349-CB/S. United States District Court, S.D. Indiana, Indianapolis Division. January 8, 1999. Marilyn A. Moores, Cohen & Malad, Indianapolis, IN...
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MEMORANDUM AND ORDER I resolve in this decision issues of disqualification of counsel, raised by plaintiff Lourdes Morales’ motion to disqualify and by my own enlargement of the issues. I have jurisdiction to do so because of the court’s responsibility concerning the obligations of professionalism in the matters coming before it. See Ceramco, Inc. v. Lee Pharmaceuticals, 51...
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45 F. Supp. 2d 968 (1999) Eric F. ADAMS, Plaintiff, v. Cal HENDERSON, Sheriff of Hillsborough County, in his Official Capacity and Hillsborough County Sheriff's Office, Defendants. No. 97-2966-CIV-T-17E. United States District Court, M.D. Florida, Tampa Division. April 23, 1999. *969 David S. Shankman, Ann Snow, Newman, Levine, Metzler & Shankman, P.A., Tampa, FL, for Eric F. Adams, plaintiff...
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AMENDED ORDER GRANTING COUN-TERDEFENDANTS’ MOTION TO DISMISS COUNTERCLAIM This matter comes before the Court on counterdefendants’ motion to dismiss. For the reasons set forth below, the Court holds that the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461, does not accord an ERISA fiduciary the right to seek indemnity from a co-fiduciary for breach of fid...
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54 F. Supp. 2d 1100 (1999) UNITED STATES of America v. Wiley Block TAIT, Defendant. No. Crim.A. 99-00012-CB. United States District Court, S.D. Alabama, Southern Division. May 3, 1999. *1101 Richard H. Loftin, Asst. U.S. Atty., Mobile, AL, for Plaintiff. W.A. Kimbrough, Mobile, AL, for Defendant. ORDER BUTLER, Chief Judge. This matter is before the Court on defendant's motion to dismiss both cou...
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ORDER Before the Court is the defendant’s motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 (Doc. 348) filed on February 2, 1997. The government filed a response (Doc. 357) on April 4, 1997. As grounds for his motion the defendant alleges that: 1) his counsel was ineffective based on a conflict of interest arising out of his counsel’s own self-interest ...
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ORDER This matter is before the Court on Defendant Judge Dywan’s Motion to Dismiss and For Entry of Final Judgment, filed on October 28, 1998, and Plaintiffs Verified Motion for Disqualification of the Honorable Judge Rudy Lozano, filed on December 18, 1998. For the reasons set forth below, the motion for disqualification is DENIED and the motion to dismiss is GRANTED. The Clerk is ...
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54 F. Supp. 2d 1272 (1999) Kristi HALE and Gale Maxey, Plaintiff, v. VENCOR NURSING CENTERS EAST, LLC, d/b/a Rehabilitation and Health-care Center of Mobile, Defendant. No. CIV.A. 98-0283-BH-C. United States District Court, S.D. Alabama, Southern Division. April 19, 1999. *1273 Richard L. Watters (Watters & Associates), Mobile, AL, for Plaintiff. Stephen X. Munger and Phillip B. Russell (Jack...
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48 F. Supp. 2d 841 (1999) The ESTATE OF Paul W. THORNTON, et al., Plaintiffs, v. SEA QUEST, INC., Defendant. No. 2:97-CV-232-RL-1. United States District Court, N.D. Indiana, Hammond Division. April 26, 1999. *842 David M. Hargis, Little Rock, AR, for plaintiffs. William J. Turbeville, II, Hruska and Lesser, Boca Raton, FL, Will Bond, Bond and O'Brien, Jacksonville, AR, for defendant. ORDER LOZA...
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MEMORANDUM OF DECISION AND ORDER This lawsuit arises from the claims of the plaintiffs, including the Economic Opportunity Commission of Nassau County, Inc. (“EOC”), a self-described “official antipoverty community action agency for Nassau County,” that the defendants, consisting of local municipalities, agencies and officials, conspired, among other things, to unlawfully deprive it o...
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47 F. Supp. 2d 958 (1999) Mary Ella TOWNSEND and Rachel Townsend, Plaintiffs, v. Kenneth S. APFEL, Commissioner of Social Security, Defendants.[1] No. 98 C 4881. United States District Court, N.D. Illinois, Eastern Division. April 27, 1999. *959 James Thomas Derico, Jr., Derico & Associates, P.C., Chicago, IL, for Mary Ella Townsend and Rachel Townsend, plaintiffs. Sherri Thornton, United Sta...
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MEMORANDUM AND ORDER This is a breach of contract action brought by the plaintiff, ContiMortgage Corporation (“CMC”) against the defendant, Mortgage America, Inc., d/b/a Mortgage America Financial GRP (“MA”). Before the Court is CMC’s Motion for Partial Summary Judgment pursuant to Federal Rule of Civil Procedure 56 on Counts I, III and IV of the First Amended Complaint and MA’s Motion for Partia...
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MEMORANDUM OPINION AND ORDER The above-captioned appeals and cross-appeals are taken from orders of the United States Bankruptcy Court for the Southern District of New York, Arthur J. Gonzalez, J., dated April 22, 1997, and April 30, 1997, denying, respectively, a motion by The Equitable Life Assurance Society of the United States and related entities (collectively “Equitable”) seeking immediat...
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MEMORANDUM OPINION AND ORDER Pamela Dorsey (“Dorsey”) sues the defendants, H.C.P. Sales (“HCP”) and Greentree Financial Services (“Green-tree”), for harms allegedly caused by their performance of various home improvements and the related financing contracts. Although most of her claims arise under state law, she presents a federal question under the Truth in Lending Act, 15 U.S.C. § 1...
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43 F. Supp. 2d 951 (1999) ILLINOIS TOOL WORKS, INC., Plaintiff, v. METRO MARK PRODUCTS, LTD., et al., Defendants. No. 98 C 4244. United States District Court, N.D. Illinois, Eastern Division. April 22, 1999. *952 Thomas G. Scavone, Robert Anthony Vitale, Jr., Arthur Anthony Gasey, Sally Wiggins, Niro, Scavone, Haller & Niro, Ltd., Chicago, IL, for Illinois Tool Works, Inc., plaintiff. Bruce G...
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ORDER Plaintiff Joan Mahoney brings this action pursuant to Section 205(g) of the Social Security Act (“the Act”), 42 U.S.C. § 405(g), to review the final decision of the Commissioner of Social Security denying her application for Disability Insurance Benefits. Plaintiff and defendant each move for judgment on the pleadings, pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Plai...
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*1351 ORDER This is an in rem action by the United States to forfeit real property pursuant to 21 U.S.C. § 881(a)(6) and (7). The case is before the Court on the government’s Petition Requesting Issuance of Warrant of Arrest Upon Probable Cause Shown (Doc. #4). On January 26, 1999, the Court entered an Order (Doc. # 9) requiring the government to file a brief “addressing the impact, if any, of t...
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45 F. Supp. 2d 1353 (1999) J.H. THOMAS, Plaintiff, v. Beverly HARVARD, et al., Defendants. No. Civ.A.1:98-CV-0946-JOF. United States District Court, N.D. Georgia, Atlanta Division. March 17, 1999. Ralph S. Goldberg, Decatur, GA, for plaintiff. Clifford E. Hardwick, IV, Mary Janet Huber, Namita Sundaresan Brown, Atlanta City Attorney Law Department, Atlanta, GA, for defendants. ORDER FORRESTER, D...
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OPINION Presently before the Court is a Motion For Order Dismissing Chapter 11 Petition Pursuant To Bankruptcy Code § 1112(b) (D.I.86) filed by the Official Committee of Unsecured Creditors (the “Committee”) in this Chapter 11 proceeding initiated by SGL Carbon Corporation (the “Debtor”). The Motion has been independently joined by the Debtor’s customers, Nucor Corporation and Nucor-Yamat...
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*101 ORDER RE: DEFENDANT’S MOTION TO DISMISS AMENDED COMPLAINT AND PLAINTIFFS MOTION FOR CLASS CERTIFICATION I. INTRODUCTION In the above-captioned case, Plaintiff Desiree Rogers (“Rogers”) brings an action on behalf of herself and all others similarly situated against NationsCredit Financial Services Corporation (“Nation-sCredit”). Plaintiff seeks class-wide rel...
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ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT 1 This case is before the Court on Defendant Old Line Life Insurance Company’s (defendant) Motion for Summary Judgment and supporting memorandum (Doc. 105), and Appendix filed under seal (Def s App.). 2 Defendant also filed a supplement to this motion (Doc. 127), and plaintiff, Donald Gary Mims, has filed a respons...
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ORDER This case is before the court on Defendant’s motion to dismiss for lack of personal jurisdiction or for improper venue [4-1]. I. STATEMENT OF THE CASE Plaintiff, CareKeeper Software Development Company, Inc., filed this declaratory judgment action on August 26, 1998. Defendant Jay L. Silver was hired by Plaintiff, a small software development company, on November 27, 1...
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ORDER Presently before the Court is a Petition on Supervised Release filed by United States Probation Officer Charles E. Logan. In that petition, the Probation Officer outlines several violations of supervised release committed by Defendant, Larry Darnell Miller (“Miller”). After conducting a hearing on the matter and allowing the parties to file written briefs, the Court FINDS by a preponder...
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48 F. Supp. 2d 1 (1999) ASSASSINATION ARCHIVES & RESEARCH CENTER, Plaintiff, v. CENTRAL INTELLIGENCE AGENCY, Defendant. No. Civ.A. 97-2957 (RCL). United States District Court, District of Columbia. February 5, 1999. Opinion Denying Reconsideration April 30, 1999. *2 MEMORANDUM OPINION LAMBERTH, District Judge. This matter comes before the Court on defendant Central Intelligence Agency's (C...
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47 F.Supp.2d 49 (1999) PUEBLO OF SANDIA, et al., Plaintiffs, v. Bruce H. BABBITT, in his official capacity as Secretary of the Interior, Defendant. Civil Action No. 98-1004(RCL). United States District Court, District of Columbia. April 28, 1999. Peter Thomas Grossi, Jr., Arnold & Porter, Washington, DC, for plaintiffs. Edward J. Passarelli, U.S. Dept. of Justice, Environmental & Natural ...
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49 F. Supp. 2d 783 (1999) NORTHEASTERN POWER COMPANY, d/b/a NEPCO Services Co., Plaintiff, v. BALCKE-DURR, INC., d/b/a Balcke-Durr Heat Exchanger Div., Bdag Balcke-Durr Ag, and Balcke-Durr GmbH, Defendants. No. CIV. A. 97-CV-4836. United States District Court, E.D. Pennsylvania. April 30, 1999. *784 *785 George M. VonMehren, Jill G. Okun, Cleveland, OH, Thomas J. Maloney, Bethlehem, PA, for plain...
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54 F. Supp. 2d 691 (1999) BAYOIL SUPPLY AND TRADING OF BAHAMAS, Plaintiff, v. JORGEN JAHRE SHIPPING AS, et al., Defendant. No. Civ.A. G-97-719. United States District Court, S.D. Texas, Galveston Division. May 4, 1999. *692 Ted C Litton, Royston Rayzor Vickery and Williams, Houston, TX, mediator. Francis I Spagnoletti, Spagnoletti & Assoc, Houston, TX, for Bayoil Supply and Trading of Bahamas...
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58 F.Supp.2d 939 (1999) ESTATE of Kenneth E. STARKEY, Plaintiff, v. UNITED STATES of America, Defendant. No. IP 98-0343-C M/S. United States District Court, S.D. Indiana, Indianapolis Division. April 26, 1999. *940 *941 *942 Stephen K. Miller, Cremer Miller & Burroughs, Indianapolis, IN, for plaintiff. Kevin P. Jenkins, Tax Division-U.S. Dept. of Justice, Washington, DC, for U.S. ORDER McKIN...
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MEMORANDUM OPINION AND ORDER In this action for trademark infringement, trade dress infringement, unfair competition and dilution, plaintiffs Conop-eo, Inc., d/b/a Calvin, Klein Cosmetics Company, and Calvin Klein Cosmetic Corporation (collectively “Conopeo”) seek a preliminary injunction against Cosmair, Inc., Polo Ralph Lauren Corporation, and PRL USA Holdings, Inc., (collectively “Cosm...
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ORDER THIS MATTER came before the Court on April 16, 1999, based upon the defendant’s motion for summary judgment. The plaintiff was represented by Steven C. Lacy; the defendant by Stuart R. Dun-woody. SUMMARY On August 10,1992, James M. Blackford began working for Battelle Memorial Institute at its Pacific Northwest National Laboratory in Richland, Washington. The Pacific North...
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ORDER The petitioner, a state prisoner seeking federal habeas relief, has moved for leave to amend his habeas petition and add nineteen (19) claims not presented in his original petition, which, according to respondent, initially identified only two ineffective assistance of counsel claims. The petitioner argues, however, that he did present these additional claims to the state courts, and that ...
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*843 ORDER Now before the Court is Defendant’s Motion for Summary Judgment,, Plaintiffs’ Response to said motion and Defendant’s Reply. Defendant moves this court to dismiss Plaintiffs’ cause of action against it pursuant to Fed.R.Civ.P. 56. Plaintiffs filed the instant case on July 21, 1998, alleging breach of contract. The case was removed to this court on August 27, 1...
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47 F. Supp. 2d 941 (1999) Dr. Donald C. AUSTIN, Plaintiff, v. THE AMERICAN ASSOCIATION OF NEUROLOGICAL SURGEONS, (founded in 1931 as The Harvey Cushing Society), Defendant. No. 98 C 7685. United States District Court, N.D. Illinois, Eastern Division. April 22, 1999. Henry C. Krasnow, Colby Michael Green, Krasnow, Sanberg & Cohen, Chicago, IL, for Plaintiff. Gregory S. Norrod, Colleen Young Kr...
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MEMORANDUM OPINION AND ORDER Petitioner in the above-captioned action has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent moves to dismiss the petition as time-barred under the statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). The Court, having referred this action to Magistrate Judge Kevin Nathanie...
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45 F.Supp.2d 888 (1999) Marion I. KELLEY, Jr., Plaintiff, v. GOODYEAR TIRE & RUBBER COMPANY, Defendant. No. 97-4026-RDR. United States District Court, D. Kansas. April 20, 1999. *889 Alan V. Johnson, Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, KS, W. Thomas Stratton, Topeka, KS, for Marion I. Kelley, Jr, plaintiff. Tammy L. Womack, Jay P. Yancey, Stinson, Mag & Fizzell, P.C....
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MEMORANDUM OPINION I. Introduction This case is before the court on appeal from the decision of the United States Bankruptcy Court for the Western District of Virginia (hereinafter, “Bankruptcy Court”). The Appellant, American General, contends that the Bankruptcy Court erred in holding that Debtor could avoid a non-possessory, non-purchase money security interest in her mobile home. Appell...
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48 F. Supp. 2d 566 (1999) John H. RAGINS, Plaintiff, v. Jim GILMORE, Governor of the State of Virginia, and John R. Alderman, Chairman of the Virginia Parole Board, Defendants. No. 2:99cv368. United States District Court, E.D. Virginia, Norfolk Division. May 6, 1999. *567 John H. Ragins, Capron, VA, pro se. OPINION AND DISMISSAL ORDER REBECCA BEACH SMITH, District Judge. Plaintiff, a Virginia in...
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48 F. Supp. 2d 16 (1999) SIGMA-TAU INDUSTRIE FARMACEUTICHE RIUNITE, S.p.A., et al., Plaintiffs, v. LONZA, LTD., Defendant. Civil Action No. 970562JHG/DAR. United States District Court, District of Columbia. February 23, 1999. Jean-Paul Lavalleye, Jeffrey Bayne McIntyre, Christina Miriam Gadiano, Norman F. Oblon, Richard D. Kelley, Catherine B. Richardson, J. Derek Mason, Oblon, Spivak, McClelland...
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48 F. Supp. 2d 26 (1999) The GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Plaintiff-Interpleader, v. Judith A. MADOLE, Defendant, v. Anne K. Kinskey, Defendant. Civil Action No. 97-3081 DAR. United States District Court, District of Columbia. March 29, 1999. Robert Bruce Wallace, Wilson, Elser, Moskowitz, Edelman & Dicker, Washington, DC, for plaintiff. Tracy Jeanne Power, Power & Power, A...
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OPINION Presently before the Court is the Defendants’ Motion to Dismiss (D.I.10). At the time the Plaintiff filed the Complaint, the Plaintiff was a pre-trial detainee within the Delaware Department of Correction at the Multi-Purpose Criminal Justice Facility (“MPCJF”) in Wilmington, Delaware. (D.I.4). In his Complaint, the Plaintiff asserts that certain conditions concerning his confinement ...
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*789 ENTRY GRANTING DEFENDANT’S MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS AS TO CLAIMS FOR EMOTIONAL AND MENTAL HARM This matter comes before the court on the Motion for Partial Judgment on the Pleadings as to Claims for Emotional and Mental Harm (“Motion”) filed by the Defendant, Indiana Department of Correction (“IDOC”). After considering the Motion and submissions of the pa...
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OPINION Defendant/Appellant Huntington National Bank, successor in interest to FMB-First Michigan Bank (“FMB”) appeals the Bankruptcy Court’s November 30, 1998, order granting the Trustee’s motion for summary judgment. The bankruptcy court held that FMB’s security interest in the Debtor’s semi-tractor truck was subordinated to the rights of the Trustee and avoided in accordance with 1...
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REPORT AND RECOMMENDATION REGARDING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 35) I adopt the Report and Recommendation without objection. KAROL, United States Magistrate Judge. This case has been referred to me pursuant to 28 U.S.C. § 636(b) for my Report and Recommendation on Defendants’ motion for summary judgment (Docket No. *16 35). Plaintiff, Ear...
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MEMORANDUM AND ORDER I. Introduction This cause of action arises out of experiments conducted on individuals under the *31 care of Massachusetts General Hospital and Brookhaven National Laboratory in the 1950s and 1960s. 1 The plaintiffs (collectively, the “Plaintiffs”) in this action are comprised of two groups: Evelyn Heinrich and Henry Sienkewic...
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47 F.Supp.2d 629 (1999) Donald William FRASER v. UNITED STATES of America. United States of America v. Donald William Fraser. No. Civ. S 99-1306. No. CR. S 91-0181. United States District Court, D. Maryland. May 7, 1999. Helen Wang, Philadelphia, MD, for Donald William Fraser, petitioner. Lynne A. Battaglia, U.S. Attorney, Christpher B. Mead, Assistant U.S. Attorney, Baltimore, MD, for United Sta...
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47 F. Supp. 2d 848 (1999) Vickie McCANE, Plaintiff, v. Bobby McCANE, Defendant. No. Civ.A. 99-40036. United States District Court, E.D. Michigan, Southern Division. April 9, 1999. *849 Patrick M. Kirby, Flint, MI, Michael J. Kotarski, Flint, MI, for Vickie McCane, plaintiff. Jean M. Hansen, Bloomfield Hills, MI, for Bobby Gene McCane, Cherie Serena, defendants. MEMORANDUM OPINION AND ORDER DEEMIN...
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48 F. Supp. 2d 501 (1999) Larry HICE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, et al., Respondents. No. Civ. L-98-3318. United States District Court, D. Maryland. May 5, 1999. Benjamin T. Boscolo, Chasen and Boscolo, Chartered, Greenbelt, MD, for Petitioner. Roy D. Axelrod, Littler Mendelson, P.C., San Diego, CA, JoAnne Zawitoski, Baltimore, MD, for Respondents. MEMORAN...
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47 F. Supp. 2d 858 (1999) Jacqueline R. WALKER and Kevin R. Franklyn, Plaintiff, v. MICHAEL W. COLTON TRUST, Michael W. Colton, P.C., Michael W. Colton, Melvin Rosen, and Edy's Carpet Heating & Cooling, Defendants. No. Civ. 98-40315. United States District Court, E.D. Michigan, Southern Division. April 19, 1999. *859 Jacqueline R. Walker, Detroit, MI, plaintiff pro se. Carl L. Collins, III, D...
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47 F.Supp.2d 852 (1999) HOSKINS MANUFACTURING COMPANY and Hoskins Thermal Systems, Plaintiffs, v. PMC CORPORATION, William Minnis, Edward Valykeo, and Robbin Valykeo, Defendants. No. Civ.A. 98-40088. United States District Court, E.D. Michigan, Southern Division. April 19, 1999. *853 William G. Abbatt, Brooks & Kushman, Southfield, MI, for plaintiffs. John H. Dudley, Jr., Butzel Long, Detroit...
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ORDER DENYING PETITIONER’S MOTION FOR CERTIFICATE OF APPEALABILITY, DENYING PETITIONER’S MOTION TO PROCEED INFORMA PAUPERIS, DENYING PETITIONER’S MOTION FOR RECUSAL, AND DENYING PETITIONER’S MOTION TO ALTER OR AMEND JUDGMENT On February 10, 1999, this Court issued an opinion and order denying petitioner Henry L. Hence Jr.’s application for writ of habeas corpus pursuant to 28 U.S.C. §...
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44 F.Supp.2d 902 (1999) Lawrence FRIEDMAN; as receiver of the assets of John Z. DeLorean; C. William Garratt; C. William Garratt & Assocs., P.C.; and GA II, P.C., Plaintiffs, v. FREIDBERG LAW CORPORATION, Defendant. No. Civ.A. 96-40053. United States District Court, E.D. Michigan, Southern Division. April 9, 1999. *903 C. William Garratt, Garratt Law Firm, Bloomfield Hills, MI, for plaintiffs...
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MEMORANDUM Pending before the Court is defendant Hyatt Corporation's motion to dismiss for lack of personal jurisdiction and improper venue or, alternatively, to transfer it to an appropriate district. *276INTRODUCTION This matter stems from the long and turbulent relationship which culminated in Government Guarantee Fund of The Republic of Finland, Saastapankkien Keskus-osake-pankki (Skopbank), 3...
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MEMORANDUM I. INTRODUCTION Plaintiff, Andrew Fullman, has filed this pro se action against his former employer, Laidlaw Transit (“Laidlaw”), his former supervisor at Laidlaw, Perry Ved-der (“Vedder”), the City of Philadelphia, the Philadelphia International Airport (“the Airport”) 1 , various employees of the Airport, including Dennis Bouey, the Pi-rector of Aviation at th...
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47 F. Supp. 2d 867 (1999) DUNKIN' DONUTS INCORPORATED, Plaintiff/Counter-Defendant, v. Trpko TASESKI, Bosko Taseski, and TRBO Corporation, Defendants/Counter-Plaintiffs. No. Civ.A. 97-40411. United States District Court, E.D. Michigan, Southern Division. April 26, 1999. *868 Steven A. Browne, Robert L. Zisk, Schmeltzer, Aptaker & Shepard, Elizabeth Jolliffe Basten, Clark Hill, Detroit, MI, fo...
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MEMORANDUM OPINION The plaintiffs, James M. Welsh and Welsh Rock, Incorporated, have now filed their Second Motion for Summary Judgment on all issues before the court. This motion was filed February 18, 1999, almost eleven months after the court’s memorandum opinion of March 31, 1998, which granted Welsh’s application for temporary injunction and held that United States Patent No. 5,471,139 (th...
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ORDER The Petitioner, John Shriver Wiggins, moves this Court to bypass the Secretary of Treasury and act on his request under 18 U.S.C. § 925(c) for relief from his Federal firearms disabilities imposed by 18 U.S.C. § 922(g)(1). In the alternative, Wiggins moves this Court to order or com *513 pel the Secretary of Treasury to act on his request for relief under § 925(c). For ...
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OPINION This matter comes before the Court on the motion of plaintiff AT & T Credit Corp. (“AT & T Credit”) for summary judgment on its claims against defendants Zurich Data Corp. and Zurich Depository Corp. (collectively “Zurich”) and dismissal of defendants’ counterclaim and the cross-motion of the Zurich defendants for summary judgment to dismiss the complaint. Pursuant to Fed.R.Civ.P....
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135 F. Supp. 2d 521 (1999) SL WABER, INC., Plaintiff, v. AMERICAN POWER CONVERSION CORPORATION, Defendant and Third-Party Plaintiff, v. Alex J. Severinsky, Third-Party Defendant. No. Civ.A. 97-4048 JBS. United States District Court, D. New Jersey. March 22, 1999. *522 Arnold B. Calmann, Saiber Schlesinger Satz & Goldstein, Newark, NJ, Herbert F. Schwartz, Thomas L. Gianetti, Fish & Neave,...
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MEMORANDUM OPINION AND ORDER Pursuant to Fed.R.Civ.P. 15(a), Defendant Monsanto Company (“Monsanto”) moves for leave to amend its Answer to include an additional affirmative defense of patent unenforceability based on inequitable conduct by Plaintiff Rhóne-Poulence Agro S.A. (“RPA”). (Mot. Leave Amend Answer [Doc. # 178].) For the reasons set forth below, this Motion is GRANTED. I. In addit...
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MEMORANDUM AND ORDER On January 15, 1999, a jury found the defendant guilty of bank robbery and not guilty of an assault upon a law enforcement officer. The two charges had been brought in separate indictments and were consolidated for trial. On April 16, 1999, the court sentenced the defendant. The purpose of this memorandum and order is to address the objections that were raised to the present...
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52 F. Supp. 2d 164 (1999) UNITED STATES of America v. John F. SWEENEY, Jr., Defendant. No. Crim. 98-10079-REK. United States District Court, D. Massachusetts. April 30, 1999. *165 John C. McBride, McBride & Keefe, Boston, MA, John C. McBride, McBride & Keefe, Boston, MA, Stephen F. Gordon, Gordon & Wise, Boston, MA, John C. McBride, McBride and Associates, Boston, MA, for John Sweeney...
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MEMORANDUM All that remains of this case is a dispute between two excess insurance carriers over the amount one group should have paid to settle the hurricane damage claim of the insured. Ten months after Hurricane Marilyn seriously damaged Frenchman's Reef Hotel on St. Thomas, Hurricane Bertha inflicted a second round of destruction in 1996. At the time of the latter hurricane, the owner of the h...
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47 F.Supp.2d 200 (1999) David EFRON, Plaintiff, v. EMBASSY SUITES (PUERTO RICO), INC., et al., Defendants. No. Civ. 97-2547(HL). United States District Court, D. Puerto Rico. April 14, 1999. *201 *202 *203 Ruben T. Nigaglioni, McConnell Valdes, San Juan, PR, Guy B. Bailey, Jr., Bailey & Jones, Miami, FL, for plaintiff. Arturo Diaz-Angueira, Cancio, Nadal, Rivera & Diaz, San Juan, PR, for ...
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OPINION AND ORDER This is a civil action for declaratory and monetary relief brought under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. This case is before the court on plaintiff Mary B. Borcherding-Dittloffs motion for class certification under Fed.R.Civ.P. 23. The proposed class consists of individuals in Wisconsin who received debt collection letters from defendant Transworld Syst...
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47 F.Supp.2d 87 (1999) Robert S. CAHILL, Frank M. Barbuto, Sr. and William J. Baldwin, Partners, d/b/a CBC Painting, Plaintiffs, v. TIG PREMIER INSURANCE COMPANY, Defendant/Plaintiff-in-Counterclaim/ Third-Party Plaintiff, v. Isabel Cahill, Mary Alice Barbuto, Douglas E. Caffrey and Carol Caffrey, Third-Party Defendants. No. Civ.A 96-40147 NMG. United States District Court, D. Massachusetts. Marc...
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When litigants appear before this Court, they deserve a “just, speedy, and inexpensive determination of every action.” Fed.R.Civ.P. 1. For the most part, that means they should have their cases heard on the merits. Plaintiffs should make their allegations in a complaint. Defendants should marshal their defenses in an answer. The judge or jury should consider the law and the specific facts of the d...
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48 F. Supp. 2d 1149 (1999) Vonaire T. WASHINGTON, Petitioner, v. Judy SMITH, Warden, Oshkosh Correctional Institution, Respondent.[1] No. 97-C-0424. United States District Court, E.D. Wisconsin. April 29, 1999. *1150 *1151 Robert R. Henak of Shellow, Shellow & Glynn, S.C., Milwaukee, WI, for plaintiff. William C. Wolford, Ass't Atty Gen., Madison, WI, for defendant. DECISION AND ORDER ADELMA...
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MEMORANDUM OPINION PURSUANT TO ORDER COMPELLING DISCLOSURE OF DOCUMENTS Before the court for consideration is the question whether plaintiffs may discover an internal study of race and employment commissioned by Star Enterprises-Texaco. The report by Hewitt Associates [Hewitt Report] involved a compilation of employment records and various statistical analyses of that data. Part of the report con...
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Memorandum Opinion Plaintiffs Iva Mae Willis and Jean Jones tried, in July of 1996 (and on two occasions thereafter) to file a power of attorney, Bill of Discovery, Application for Appointment of Administrator, Temporary Restraining Order, and Probate of Estate, all on behalf of Ms. Jones. Ms. Willis, claiming indigency, attempted to file these documents with a pauper’s oath attached. The Upshur...
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MEMORANDUM-DECISION & ORDER Plaintiffs Howard and Katherine Pritz-ker commenced this action against defendants pursuant to 42 U.S.C. § 1983 alleging claims of malicious prosecution, excessive force, and denial of due process of law and the right of privacy. By Memorandum - Decision & Order dated October 30, 1998 (“MDO”), familiarity with which is assumed, the Court granted, in part, defendants’ m...
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45 F. Supp. 2d 167 (1999) Gregory DILLON, Plaintiff, v. John BAILEY; State of Connecticut, Defendants. No. CIV. 3:98CV1576 JBA. United States District Court, D. Connecticut. January 4, 1999. *168 Karen Lee Torre, New Haven, CT, for Gregory B. Dillon, plaintiff. James W. Bergenn, Sheila Huddleston, Shipman & Goodwin, Terrance M. O'Neill, Attorney General's Office, Matthew B. Beizer, Attorney G...
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MEMORANDUM-DECISION AND ORDER Plaintiff commenced this action seeking long-term disability benefits from defendant. Defendant now moves pursuant to Fed. R.Crv.P. 56 for summary judgment. In response, plaintiff opposes defendant’s motion, and cross-moves for summary judgment. Although both these motions cry out for resolution, they cannot be considered on the merits because plaintiffs attorney’s re...
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47 F. Supp. 2d 812 (1999) Carlis COLE, et al., Plaintiff, v. The TOBACCO INSTITUTE, et al., Defendants. No. 1;97-CV-256. United States District Court, E.D. Texas, Beaumont Division. March 26, 1999. *813 Robert Carl Hilliard, Hilliard & Munoz, Corpus Christi, TX, Russell W. Heald, Hilliard & Heald, Beaumont, TX, for plaintiff. Tanner T. Hunt, Jr., Wells, Peyton, Greenberg, Hunt & Crawf...
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MEMORANDUM OPINION INTRODUCTION Sylvester McClain and Buford Thomas brought claims against Lufkin Industries [Lufkin] under Title VII and 42 U.S.C. § 1981 on behalf of themselves and a class of similarly situated persons. Mr. McClain filed a timely charge of employment discrimination with the EEOC and received his right to sue letter on or about December 4, 1996.1 The issue now before the court...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This action was tried to this Court on October 13 and October 14, 1998. After due consideration of the testimony and evidence adduced during that trial, the following are the findings of fact and conclusions of law of this Court: I. Jurisdiction, Venue, and Choice of Law The plaintiffs and defendants are citizens of different s...
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42 F. Supp. 2d 385 (1999) DENTSPLY INTERNATIONAL, INC. and Dentsply Research and Development Corp., Plaintiffs, v. KERR MANUFACTURING COMPANY, Defendant. No. Civ.A. 89-167-JJF. United States District Court, D. Delaware. March 11, 1999. Order Denying Reargument and/or Reconsideration April 29, 1999. *386 *387 Richard D. Kirk, of Morris James Hitchens & Williams, Wilmington, Delaware, Dianne B....
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MEMORANDUM OPINION AND ORDER On January 23, 1998, the plaintiff, Phillip Edwards Baker, filed this action against CSX Transportation, Inc. (CSX) in the Circuit Court of Chilton County, Alabama. Baker alleged that on February 17, 1996 he was injured by a locomotive owned and operated by CSX and that he suffered injuries as a result of that company’s negligence. The case was removed to this cou...
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MEMORANDUM OPINION For reasons which will hereinafter become apparent, this court has taken its time in the preparation of an answer to the provocative question of what constitutes the proper forum for the above-entitled case. The complaint was originally filed in the Superior Court of the State of California for the County of Alameda. Plaintiff, Triad Systems Financial Corporation (“TSFC”), sued...
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*168OPINION This is an action for securities fraud brought on behalf of shareholders of Milestone Scientific, Inc. (“Milestone”), seeking damages for violations of Section 10(b) and Section 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”), as amended, 15 U.S.C. §§ 78t(a) and 78j(b), and Rule 10b-5 promulgated thereunder. 17 C.F.R. § 240.10b-5. Jurisdiction is alleged pursuant to ...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION AND PROCEDURAL HISTORY The plaintiff, Carla Everett, filed this action under 11 U.S.C. § 525(b) against Lake Martin Area United Way, a nonprofit corporation, and Katherine Ann Turner, Dianne Gill, Gary Burkett and Fred Braswell, all of whom are Lake Martin United Way Board members. The individual defendants are sued in both their offic...
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51 F.Supp.2d 1268 (1999) UNITED STATES of America, Plaintiff, v. ONE 1992 ISUZU TROOPER VIN # JACDH58W3N79112571, Defendant. No. Civ.A. 97-C.1403-N. United States District Court, M.D. Alabama, Northern Division. March 9, 1999. *1269 *1270 John T. Harmon, Redding Pitt, U.S. Attorney, U.S. Attorney's Office, Montgomery, AL, for U.S. Barry Elvin Teague, Montgomery, AL, for Shirley Holcombe, claimant...
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MEMORANDUM OPINION . AND ORDER Plaintiff Douglas Campbell (“Campbell”) brought this action claiming that the denial of his nomination by petition as a candidate for election to the United States House of Representatives for the November 3, 1998 election by the Secretary of State for the State of Colorado (“the Sec *1116 retary”) violates Article I, Section 2, Clause 2 of the United States Con...
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MEMORANDUM AND ORDER This matter is before the court on a petition for habeas corpus filed pursuant to 28 U.S.C. § 2254. Petitioner challenges the legality of his convictions of aggravated kidnapping, rape, and battery and alleges there was insufficient evidence of the crime of aggravated kidnapping, that the trial court erred in refusing to admit certain evidence seized from the victim’s car, a...
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ORDER AND MEMORANDUM OF DECISION Plaintiff Janet Green (“Plaintiff’) brings this action against Defendants Maine School Administrative District # 77 (“MSAD 77”), Betty Jordan (“Jordan”), and John Gardner (“Gardner”). Plaintiff asserts that Defendants’ failure to hire her after two years of probationary teaching constituted (i) a violation of 42 U.S.C. § 1983 under a First Amendment theory...
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OPINION These ten consolidated cases arise under the Telecommunications Act of 1996 (“the Act”), Pub.L. No. 104-104, 110 Stat. 56, 47 U.S.C. § 153, et seq. US West Communications, Inc. (“US West”), the incumbent local exchange carrier (“ILEC”) in Arizona, is a party in each case. The Arizona Corporation Commission (“the ACC”), which regulates public utilities in Arizona, is a d...
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*115 ORDER AND MEMORANDUM OF DECISION This is an appeal from an order entered by the United States Bankruptcy Court for the District of Colorado (“the bankruptcy court”). Appellant Weinman, Cohen & Niebrugge (“WC & N”) asserts that the bankruptcy court improperly sustained the objection of Trustee M. Stephen Peters (“the trustee”) to WC & N’s application of a prepetiti...
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47 F.Supp.2d 1273 (1999) Shirley F. GREEN, Anna M. Davis, and William L.S. Davis, Plaintiffs, v. The CITY OF WICHITA, KANSAS, Jay Stalkup, individually and in his official capacity as Housing Inspector for the City of Wichita, Kansas, Lisa Kilbourn, individually and in her official capacity as Housing Inspector for the City of Wichita, Kansas, and Julie Irwin, individually and in her official cap...
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43 F. Supp. 2d 1081 (1999) ALLIED MUTUAL INSURANCE COMPANY, Plaintiff, v. DAKOTA ROSE, INC., Warren Lester and Amy Lester, Defendants. No. Civ. 98-4004. United States District Court, D. South Dakota, Southern Division. April 27, 1999. *1082 Timothy M. Gebhart, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, for plaintiff, Allied Mut. Ins. Co. Cecelia A. Grunewaldt, Sioux Falls, SD, for de...
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MEMORANDUM OPINION AND ORDER This prisoner civil rights action is before me on various objections to the Magistrate Judge’s Recommendation dated August 20j 1998, that summary judgment enter on certain of Plaintiffs claims against certain named Defendants and that summary judgment be denied as to “all remaining claims set forth in" Plaintiffs Complaint.” Vague and collective references to ...
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48 F. Supp. 2d 1170 (1999) Dennis BREITENFELDT, Plaintiff, v. LONG PRAIRIE PACKING COMPANY, INC., Defendant. No. Civ. 97-1615 (DWF/AJB). United States District Court, D. Minnesota. April 28, 1999. *1171 *1172 Judith K. Schermer, Schermer & Schermer, P.A., Minneapolis, MN, appeared on behalf of the plaintiff. David L. Hashmall, Felhaber, Larson, Fenlon & Vogt, P.A., Minneapolis, MN, appear...
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48 F. Supp. 2d 100 (1999) Carmen ROMAN, et al., Plaintiffs, v. Brian Keith TOWNSEND, et al., Defendants. No. Civ. 96-2389(PG). United States District Court, D. Puerto Rico. May 4, 1999. Frank D. Inserni, Hato Rey, PR, for plaintiff. Fidel A. Sevillano, Asst. U.S. Attorney, Hato Rey, PR, for defendant. OPINION AND ORDER PEREZ-GIMENEZ, District Judge. Before the Court is Defendants' Unopposed Moti...
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MEMORANDUM OPINION AND ORDER Introduction This matter is before the Court upon Petitioner’s objections to Magistrate Judge Raymond L. Erickson’s Report and Recommendation dated November 12, 1998 (Doc. No. 23), recommending that Defendant’s Motion for Summary Judgment be granted and Plaintiffs complaint be dismissed with prejudice. The Court has conducted a de novo review of the record. 28 U...
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47 F.Supp.2d 989 (1999) Phillip K. DOUGHERTY, Plaintiff, v. AKZO NOBEL SALT, INC., Defendant. No. 98 C 1133. United States District Court, N.D. Illinois, Eastern Division. April 30, 1999. *990 Todd A. Rowden, David Bradley Altman, Joel A. Brodsky, Wilson & McIlvaine, Chicago, IL, for Phillip K Dougherty, plaintiff. David Benjamin Goodman, Arnstein & Lehr, Chicago, IL, Ann-Katrina Saranti ...
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MEMORANDUM OPINION AND ORDER Plaintiff, diagnosed as mentally retarded, spent twenty-one years moving refrigerators in a warehouse. He now seeks disability benefits claiming a bad back, bad feet and mental impairments. The doctors who examined Plaintiff all supported his claim. However, the Administrative Law Judge (“ALJ”) denied it. This Court now reverses. Plaintiff Amos L. Wil...
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47 F.Supp.2d 1117 (1999) RIBBENS INTERNATIONAL, S.A. de C.V., a Mexican corporation, Plaintiff. v. TRANSPORT INTERNATIONAL POOL, INC., a Pennsylvania Corporation, dba GE Capital Modular Space, Inc., Defendant. Transport International Pool, Inc., a Pennsylvania Corporation, dba GE Capital Modular Space, Counter-Claimant, v. Ribbens International, S.A. de C.V., a Mexican Corporation, Counter-Defend...
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MEMORANDUM OF DECISION AND ORDER On October 13, 1998 Michael D. Rand (the “plaintiff’ or “Rand”) commenced this action in the Supreme Court of the State of New York, County of Nassau. On November 13,1998 The Equitable Life Assurance Society of the United States (the “defendant” or the “Equitable”) removed the action from the State Supreme Court to the United States District Court for ...
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MEMORANDUM OPINION AND ORDER Before the court is petitioner David Guadarrama’s “emergency petition to stay order for petitioner to surrender to INS on April 21, 1999.” For the following reasons, the court denies petitioner’s emergency petition. I. BACKGROUND For the sake of brevity, the court will not restate the facts. The facts may be found in David Guadarram...
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MEMORANDUM OPINION AND ORDER The post-trial motion practice in this employment discrimination case continues apace. The issues presently before the Court are (1) the timeliness of plaintiffs Rule 59 motion for a new trial on damages; (2) the timeliness of defendants’ Rule 50(b) motion for judgment as a matter of law (“JMOL”) on liability; (3) the timeliness of defendants’ more recent Rule 59 mo...
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MEMORANDUM AND ORDER This is an appeal from a decision of the United States Bankruptcy Court in which the Court found that appellant Robert J. Pettey owes appellees a $750,000 debt, and that this debt was excepted from discharge under 11 U.S.C. § 523(a)(6) as a debt for willful and malicious injury. Pettey appeals on two grounds. First, he argues that the Court erred in finding that he caused...
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45 F. Supp. 2d 1067 (1999) Kathy Belinda HOWELL, Plaintiff, v. TODD PACIFIC SHIPYARDS CORPORATION, Defendant. No. C98-1833L. United States District Court, W.D. Washington, at Seattle. May 3, 1999. *1068 Mary R. Mann, Law Offices of Mann & Peck, Seattle, WA, for Kathy Belinda Howell, plaintiff. Richard J. Omata, Karr Tuttle Campbell, Seattle, WA, for Todd Pacific Shipyards Corporation, a Delaw...
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ORDER AND MEMORANDUM OF DECISION This action arises out of the May 5, 1996 arrest of Plaintiff Joel Hodsdon (“Plaintiff’) in Greenville, Maine on a charge of criminal OUI pursuant to Me.Rev.Stat. Ann. tit. 29-A, § 2411. Defendants are Officer Steven Hinckley (“Hinckley”), Greenville Police Chief Duane Alexander (“Alexander”), and the Town of Greenville (“the Town”). Plaintiff claims that ...
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ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFFS’ CLAIM AGAINST DEFENDANTS AND GRANTING DEFENDANT ALLSTATE’S MOTION FOR SUMMARY JUDGMENT AS TO ITS COUNTERCLAIM AGAINST PLAINTIFFS I. Introduction Plaintiff 1 originally sued three defendants — Allstate Insurance Company, Lincoln Benefit Life Company (a subsidiary of Allstate Insurance Company), and...
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MEMORANDUM OPINION AND ORDER Plaintiff Nancy Prior has filed a two-count second amended complaint against defendants United States Cellular Corp. (“USCC”) and George Geotsalitis, alleging sex discrimination in violation of Title VII (Count I) and battery (Count II). Defendants have filed a motion for summary judgment, arguing: (1) the court does not have subject matter jurisdiction over plain...
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MEMORANDUM OPINION AND ORDER Debtor-appellant David Gray Taylor (“Mr.Taylor”) brings the instant appeal from the January 5, 1998, Decision and January 27, 1998, Order of the United States Bankruptcy Court for Southern District of New York, Jeffry H. Gallet, J., denying Mr. Taylor’s motion to avoid judicial liens granted upon the motion of ap-pellee Frieda M. Taylor (“Ms. Taylor”), his former wi...
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*832 ORDER THIS MATTER is before the Court on Petitioner’s “Petition for Writ of Habeas Corpus 28 USC Sec. 2241(c)(3) to Correct Illegal Sentence” [document no. 1, filed 3 March 1999], which was transferred to this Court from the United States District Court for the Eastern District of Texas on grounds that such petition was actually a Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or ...
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ORDER THIS MATTER is before the Court on Petitioner’s “Petition for Habeas Corpus under 28 U.S.C. § 2241” [document no. 1, filed February 24,1999]. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY On October 12, 1993, a jury found Petitioner guilty of a federal firearms violation. On November 16, 1993, Petitioner was sentenced to 262 months imprisonment, based in part on his prior criminal history. Un...
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ORDER THIS MATTER is before the Court following a telephonic request for clarification by Defendant Monarch Machinery, Inc. (“Monarch”) regarding the Court’s Order [document no. 41] and Judgment [document no. 42] entered February 24, 1999. The Court will vacate that Order and Judgment for the reasons set forth below. On February 3, 1999, Plaintiff Holz-Her U.S., Inc. (“Holz-Her”) filed a Motion t...
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47 F.Supp.2d 646 (1999) HOLZ-HER U.S., INC., Plaintiff, v. MONARCH MACHINERY, INC., Defendant. No. 3:97-CV-56-P. United States District Court, W.D. North Carolina, Charlotte Division. April 12, 1999. *647 Samuel Coleman, Charlotte, NC, Michael Adams, Charlotte, NC, for plaintiff. Richard Kane, Charlotte, NC, for defendant. ORDER ROBERT D. POTTER, Senior District Judge. THIS MATTER is before the ...
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MEMORANDUM-DECISION & ORDER I. BACKGROUND Presently before the Court is plaintiffs’ motion for attorneys’ fees and expenses pursuant to 42 U.S.C. § 1988 and N.Y.C.P.L.R. § 8601. Plaintiffs bring this action alleging their status as “prevailing parties” from a prior decision and judgment, familiarity with which is assumed. See Carroll v. DeBuono, 998 F.Supp. 190 (N.D.N.Y.19...
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MEMORANDUM OPINION AND ORDER Kathryn Gomoluch sued Defendants alleging that Ameritech and Ameritech’s Long Term Disability Plan (“LTDP”) violated the Employment Retirement Income and Security Act (“ERISA”) when it terminated her long term disability benefits. Gomoluch’s claim is brought pursuant to ERISA’s civil enforcement provision, 29 U.S.C. § 1132(a)(1)(B). Currently before the Court ...
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MEMORANDUM OPINION AND ORDER The plaintiff, Ada Carlisle, sued the defendants, Cook County Sheriff Assistant Chief Thomas Walsh1 and Cook County Sheriff Lieutenant Richard Lopresti under 42 U.S.C. § 1983. Carlisle, who is African American, alleges that Walsh and Lopresti violated her First Amendment rights by retaliating against her for complaining of an allegedly discriminatory assignment practi...
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48 F. Supp. 2d 964 (1999) John KUCHARCZYK, an individual, and Michael Moseley, an individual, Plaintiffs, v. The REGENTS OF THE UNIVERSITY OF CALIFORNIA, Nycomed Salutar, a California Corporation; and Nycomed Imaging as, a Norwegian business entity, Defendants. Nos. C 94-3886 CRB, C 96-2247 CRB. United States District Court, N.D. California. May 6, 1999. *965 MEMORANDUM AND ORDER BREYER, Distri...
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OPINION AND ORDER A half century ago, Alger Hiss, a former high-ranking State Department official, was convicted for committing perjury in responding to allegations that he was a Soviet spy. The matter presently before the Court concerns the two special grand juries convened.from 1947 to 1950 to investigate allegations of espionage, the first of which handed up the indictment underlyi...
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MEMORANDUM ORDER Petitioner James Kurt Green (“Green”) seeks habeas corpus relief under 28 U.S.C. § 2254. For the reasons stated below, his petition for a writ of habeas corpus is denied. I.BACKGROUND Following a jury trial in a state court, Green was convicted of murder and sentenced to life imprisonment. His conviction was affirmed on appeal by th...
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51 F.Supp.2d 696 (1999) Emery Anthony BRADLEY, Petitioner, v. UNITED STATES of America, Respondent. No. 3:98-CV-405-P. United States District Court, W.D. North Carolina, Charlotte Division. March 24, 1999. *697 Emery Anthony Bradley, petitioner pro se. Kenneth Bell, Asst. U.S. Atty., for respondent. ORDER ROBERT D. POTTER, Senior District Judge. THIS MATTER is before the Court on Petitioner's Mo...
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ORDER THIS MATTER is before the Court on Petitioner’s Motion for Relief from Judgment [document no. 15, filed February 16, 1999]. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY On January 23, 1997, Petitioner filed a Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence. Petitioner claimed that he received ineffective assistance of counsel and that the court reporter committed er...
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48 F. Supp. 2d 521 (1999) BELMONT TEXTILE MACHINERY COMPANY, Plaintiff, v. SUPERBA, S.A. and American Superba, Inc., Defendants. No. 3:97-CV-410-P. United States District Court, W.D. North Carolina, Charlotte Division. April 5, 1999. *522 Gregory Madera, Boston, MA, W. Thad Adams, Charlotte, NC, for plaintiff. Blas Arroyo, Charlotte, NC, Samuel Layton, Charlotte, NC, for defendant. ORDER ROBERT ...
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48 F. Supp. 2d 1195 (1999) Michael OWSLEY, Petitioner, v. Michael BOWERSOX, Respondent. No. 98-8001-CV-W-1. United States District Court, W.D. Missouri, Western Division. May 6, 1999. *1196 *1197 *1198 Charles M. Rogers, Wyrsch, Hobbs, Mirakian & Lee, Kansas City, MO, for petitioner. Stacy L. Anderson, Missouri Attorney General's Office, Jefferson City, MO, for defendants. ORDER WHIPPLE, Dis...
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MEMORANDUM OF DECISION AND ORDER Findings of Fact A.The Parties. 1. Plaintiff John F. Fraley, Jr. (“Fra-ley”) is a former corporate vice president for Carolina Freight Carriers Corporation (“CFCC”) and Carolina Freight Corporation (“CFC”), and Plaintiff Guyann Beam Fraley is his wife. On April 24, 1986, Fraley entered into a contract entitled “Senior Executive Benefit Plan Agreement” (“SEBP...
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MEMORANDUM DECISION In this RICO and securities fraud case, defendant Gordon Hall argues that there can be no unlawful manipulation unless the stock is at an artificially high price, that is, above its actual value or true worth. In his testimony at trial yesterday in response to my questions, Hall’s expert used what he referred to as an “economic definition of ‘manipulation’ ” (Tr. 2...
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MEMORANDUM DECISION AND ORDER Appellant, Alan Helfand, appeals a November 25, 1998 Order of the Bankruptcy *266Court (Hardin, J.) releasing the debtor, Frank P. Hyde, from all dischargeable debts. For the reasons stated below, this Order is affirmed. Appellant failed to timely object to the debtor’s motion for discharge. Federal Rule of Bankruptcy Procedure 4004(b) provides: “On motion of any part...
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MEMORANDUM AND ORDER Plaintiff Leonardo Sierra asserted claims against defendants Foster & Gar-bus (F & G) 1 under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), New York General Business Law § 349, and common law fraud. He alleged that F & G had charged him $507.92 in “unfair, deceptive and illegal” attorneys’ fees (Complaint ¶¶ 9, ...
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MEMORANDUM DECISION AND ORDER Appellant Linda Dos Santos appeals an order of the Bankruptcy Court (Judge Ad-lai S. Hardin, Jr.) which determined that her indebtedness to her brother, Appellee Peter Goulart, arising from a note made by Dos Santos securing a purchase money mortgage on the home of their now deceased mother was nondischargeable under 11 U.S.C. § 523(a)(2)(A) because it had been obtai...
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MEMORANDUM DECISION AND ORDER Plaintiff Victorina Lazaro sues the Defendant Good Samaritan Hospital (the “Hospital”) alleging that the Hospital discriminated against her based upon her age and race, as well as breached her employment contract by terminating her. Lazaro’s first and fourth claims assert race discrimination under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964...
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47 F. Supp. 2d 1004 (1999) Victoria BOUSIS, Plaintiff, v. MARRIOTT INTERNATIONAL, INC., and YBG Associates, L.L.C., Defendants. No. 99 C 685. United States District Court, N.D. Illinois, Eastern Division. May 7, 1999. Sam Panger, Jr., Leslie Patrick Poole, Palivos Law Firm, Ltd., Chicago, Illinois, for plaintiff. Robert M. Burke, Timothy R. Couture, Paul R. Gamperl, Johnson & Bell, Ltd., Chic...
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MEMORANDUM OPINION THIS MATTER comes before the Court on Defendant J. Michael Mullen’s Motion for Summary Judgment. For the following reasons, the Court hereby GRANTS the motion. I. Background The following facts are taken from the First Amended Complaint. Plaintiff Stephen R. Merritt was employed as a Student Financial Aid Program Coordinator by the State Council of Higher Education for ...
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OPINION AND ORDER This case, stating claims for a violation of plaintiffs’ Fourth Amendment rights under 42 U.S.C. -§ 1983, is before the Court on defendants’ motion for summary judgment pursuant to Fed.R.Civ.P. 56. Plaintiffs claim that a check of their hotel room by their principal-chaperone during a class trip, which revealed alcohol and significant quantities of 'marijuana, violat...
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*402 MEMORANDUM BACKGROUND: On March 22, 1999, petitioner George E. Banks, an inmate at the State Correctional Institution at Waymart, Wayne County, Pennsylvania, commenced this action with the filing of a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. According to the petition, Banks was convicted in 1983 of twelve counts of first-degree murder, one count of third-d...
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ORDER THIS MATTER is before the Court on a Motion to Substitute Plaintiff by Plaintiffs James E. Swann et al. (the “Swann Plaintiffs”) [document no. 121, filed 22 January 1999]. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY The landmark school desegregation case Swann v. Charlotte-Mecklenburg Bd. of Educ., No. 1974 (W.D.N.C.), began in 1965 and was eventually closed as an active matter of litigatio...
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MEMORANDUM OF DECISION AND ORDER THESE MATTERS are before the Court on Plaintiffs’ Motion to Amend Findings of Fact and Judgment. The Plaintiffs request that the Court amend its Findings of Fact to include proposed findings of fact numbered 6, 16, 18, 43, and 44 submitted by Plaintiffs before and after the trial and submit the following: A. Amended Findings of Fact as to Pla...
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47 F. Supp. 2d 614 (1999) WORLD GYM LICENSING, LTD., Plaintiff, v. FITNESS WORLD, INC., et al., Defendants. No. Civ. PJM 97-3558. United States District Court, D. Maryland. April 26, 1999. *615 *616 Joseph D. Lewis, Barnes & Thornburg, Washington, D.C., Jill T. Powlick, Indianapolis, IN, for plaintiffs. James Aloysius Powers, Barry P. Miller, Schulman, Rogers, Gandal, Pordy & Ecker, Rockv...
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MEMORANDUM OPINION This action is before the court under authority of 28 U.S.C. 636(c)(2) on the defendants’ February 5, 1999 motion to dismiss for lack of subject matter jurisdiction, for failure to state a claim upon which relief can be granted, and for lack of any real party plaintiff in interest. Fed. R.Civ.P. 12(b)(1), 12(b)(6) and 17(a). For the reasons that follow, the defendants’ motion...
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OPINION Defendant, Bassam Gharib Makki, pleaded guilty on December 16, 1998 to two counts of misuse of a passport in violation of 18 U.S.C. § 1544 and one count of possession of a false document in violation of 18 U.S.C. § 1546(a). The Court now considers three matters that relate to sentencing: (1) the government’s request that the Court add two offense levels to the base offense level because ...
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48 F. Supp. 2d 829 (1999) Joyce BRYANT, Plaintiff, v. ITT CORPORATION & Metropolitan Life Insurance Co., Defendants. No. 98 C 8092. United States District Court, N.D. Illinois, Eastern Division. May 12, 1999. *830 *831 Mark D. DeBofsky, Richard Quentin Holloway, DeBofsky & DeBofsky, Chicago, IL, for plaintiff. Steven P. Mandell, Donna Haddad, Davidson Mandell & Menkes, Chicago, IL, fo...
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MEMORANDUM DECISION Defendant moves in limine to bar the introduction of certain types of evidence which it believes the plaintiff will, offer at trial. In response the plaintiff has agreed not to offer certain evidence but there are a number of other items still in dispute. THE COMPANY’S TERMINATION POLICIES The first possible item in dispute concerns the defendant’s published policies...
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MEMORANDUM OPINION Before this court is the extraordinary case of Dr. Mousa I. Dababnah.1 The genesis of this case is the acrimonious divorce and child support proceedings that began in the Circuit Court of Raleigh County, West Virginia (“circuit court”), on December 22, 1993. See Dababnah v. Dababnah, Civ. No. 93-D-1224-B, Cir.Ct. Raleigh Co., W.Va. That action remains pending and there is now...
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Memorandum Decision Plaintiff, David P. Gandelman, has filed a three-count complaint against his former employer, Aetna Ambulance Service, Inc., (“AASI”), and two of its officers and di-, rectors, alleging that they violated section 510 of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1140, by terminating him in order to remove him from coverage under AASI’s group...
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OPINION Pursuant to Federal Rule of Civil Procedure 56, the parties have cross-moved for summary judgment in this employment-related dispute. Plaintiffs, all former employees of the Nutmeg Companies, Inc. (“Nutmeg”), formerly known as Nutmeg Mechanical, Inc., challenge the manner in which defendants paid their wages, reimbursed them for work-related expenses, and made contributions to the...
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MEMORANDUM OPINION AND ORDER The Equal Employment Opportunity Commission (“EEOC” or “the Commission”) filed this lawsuit on behalf of Karen Bodie, a former employee of Michelin North America (“Michelin”). The Commission alleges that Michelin fired Bodie in retaliation for engaging in protected conduct, and Michelin now seeks summary judgment. The EEOC has produced evidence establishing a genuin...
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48 F. Supp. 2d 816 (1999) THE WILKINSON COMPANY, an Illinois partnership, Plaintiff, v. KRUPS NORTH AMERICA, INC., a New Jersey corporation, Rolf Larsen and Neil Eibeler, Defendants. No. 98 C 7931. United States District Court, N.D. Illinois, Eastern Division. May 5, 1999. *817 Jay A. Lipe, Rooks, Pitts & Poust, Chicago, IL, for Plaintiff. Mark W. Monroe, Momkus Ozog & McCluskey LLC, Down...
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ORDER ON MOTION FOR PRELIMINARY INJUNCTION Now before the court is plaintiffs motion for a preliminary injunction. On Jan *1214 uary 27, 1999 plaintiff Sony filed its complaint alleging copyright infringement and other causes of action against defendant Connectix Corporation. Since that date, Sony made two applications for temporary restraining orders against Connectix’ produ...
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48 F. Supp. 2d 844 (1999) PHILIP MORRIS, INCORPORATED, Plaintiff, v. ALLEN DISTRIBUTORS, INC.; Allen Food Mart, Inc.; Richard Allen; Cindy Allen; Blue Grass Distributors, Inc.; Brian Cooper; Kocolene Marketing Group, Inc.; AF & E, Inc.; Joe Melton; and John Does 1 through 10, Defendants. No. IP 99-0281-C-B/S. United States District Court, S.D. Indiana, Indianapolis Division. May 4, 1999. *845...
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47 F.Supp.2d 993 (1999) Stanley ANTON, Plaintiff, v. THE SHERIFF OF DUPAGE COUNTY, Illinois, John Zaruba, in his individual and official capacity, Deputy Kretovic, in his individual and official capacity, Deputy Zamora, in his individual and official capacity, and County of Dupage, Illinois, Defendants. No. 98 C 5523. United States District Court, N.D. Illinois, Eastern Division. May 5, 1999. *99...
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MEMORANDUM AND ORDER Plaintiff United States Surgical Corporation brought this action asserting claims of trademark infringement under 15 U.S.C. § 1114, unfair competition under 15 U.S.C. § 1125(a), patent infringement under 35 U.S.C. § 271, and various state law claims. Crystal Medical Technologies, Inc. d/b/a Orris, Inc. (CMT) asserted antitrust counterclaims alleging that plaintiffs conduct ...
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71 F.Supp.2d 1081 (1999) UNITED STATES of America, Plaintiff, v. Lohnie E. GRAY, Defendant. No. 98-40103-01-RDR. United States District Court, D. Kansas. April 14, 1999. *1082 Randy M. Hendershot, Office of U.S. Attorney, Topeka, KS, for U.S. Marilyn M. Trubey, David J. Phillips, Office of Federal Public Defender, Topeka, KS, Lohnie E. Gray, Topeka, KS, for defendant. MEMORANDUM AND ORDER ROGERS...
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MEMORANDUM AND ORDER This is a declaratory judgment action based upon diversity jurisdiction brought by the National Electrical Contractors Association, Inc. (NECA), a national trade association, against one of its local chapters, the Kansas Chapter, National Electrical Contractors Association, Inc. (Chapter or Kansas Chapter), and two of the Chapter’s agents, its president and its manager. I...
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ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS BEFORE THE COURT is intervenor-defendant- Burlington Northern Santa Fe Corporation’s (“BNSF”) motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.CivP. 12(b)(1) (Ct.Rec.20) and motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6) (Ct. Rec.23). The United States...
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MEMORANDUM AND ORDER Plaintiffs filed this action against defendants seeking recovery for damages arising out of defendants’ alleged contamination of plaintiffs’ real property. The case comes before the court on motions of defendant Total Petroleum, Inc. (“TPI”) to dismiss (Docs. 7 and 36) Count V of plaintiffs’ original Complaint and First Amended Complaint. Because plaintiffs filed an amend...
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OPINION The Court has before it ripe motions to compel discovery from both parties. Defendant first filed a motion to compel plaintiffs to respond fully to three categories of defense discovery requests: (1) all of defendant’s interrogatories and requests for production of documents to which plaintiffs objected out of time, (2) defendant’s request for plaintiff Sidney Blumenthal’s notes of his ...
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54 F. Supp. 2d 635 (1999) Patricia BRAGG, et al., Plaintiffs, v. Dana ROBERTSON, et al., Defendants. No. Civ.A. 2:98-0636. United States District Court, S.D. West Virginia, Charleston Division. March 3, 1999. *636 Joseph M. Lovett, Mountain State Justice, Charleston, WV, James M. Hecker, Trial Lawyers for Public Justice, Washington, DC, for Patricia Bragg, James W. Weekley, Sibby R. Weekley, plai...
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ORDER Defendant-appellants Environmental Aspees, Inc. of North Carolina (EAI of NC) and SouthTrust Bank, National Association (SouthTrust) (collectively “appellants” or “defendant-appellants”) appeal an order issued by the United States Bankruptcy Court for the Eastern District of North Carolina, Raleigh Division, (bankruptcy court), Judge A. Thomas Small presiding, in Chapter 11 Case...
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48 F. Supp. 2d 505 (1999) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. The ROMAN CATHOLIC DIOCESE OF RALEIGH, NORTH CAROLINA and Sacred Heart Cathedral, Defendants. No. 5:98-CV-978-H. United States District Court, E.D. North Carolina, Western Division. April 30, 1999. *506 Mindy E. Weinstein, Regional Attorney, E.E.O.C., Charlotte District Office, Charlotte, NC, Rosemary J. Fox, Erania ...
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*488 MEMORANDUM Plaintiff James R. Dayoub (“Dayoub”) brought this lawsuit alleging that he is disabled and that his employer failed to accommodate his disability in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”). Presently before the Court is the motion of the defendant Penn-Del Directory Company (“Penn-Del”) for summary judgment (Document...
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*569 OPINION The subject of these consolidated cases are the 976 telephone numbers that one may call to hear information on such topics as sports, financial news, horoscopes, and the weather. Plaintiffs are information providers (“IPs”) that produce the recorded messages. Defendants NYNEX Corporation (“NYNEX”) and New York Telephone Company (“NYTel”) are carriers that deliver...
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54 F. Supp. 2d 499 (1999) Vincent HENDERSON, Daryelle Rexrode, John Calella, v. Stuart O. SIMMS, Richard A. Lanham, Sr., William O. Filbert. No. Civ. S 99-949. United States District Court, D. Maryland. May 14, 1999. *500 Ralph S. Tyler, Hogan & Hartson, Baltimore, Md, Eugene J. Yannon, Law Office, Bowie, MD, Douglas R.M. Nazarian, Hogan & Hartson, Baltimore, Md, for Vincent Henderson, Da...
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48 F. Supp. 2d 958 (1999) In re SYBASE, INC. SECURITIES LITIGATION. This Document Relates to All Actions. No. C-95-1144 WHO. United States District Court, N.D. California. April 29, 1999. William S. Lerach, Patrick J. Coughlin, Randi D. Bandman, Henry Rosen, Milberg Weiss Bershad Hynes & Lerach LLP, San Diego, CA, Lena C. Chang, Los Angeles, CA, for plaintiffs. Bruce G. Vanyo, Boris Feldman, ...
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MEMORANDUM AND ORDER Plaintiffs and defendants Compagnie D’Etudes et de Participations S.A. (“CEPA”) and Bear Stearns & Co., Inc. (“the settling defendants”) move for approval and entry of a proposed “Final Judgment and Bar Order” (“the Bar Order”) with respect to each of two related actions, 95 CV 3989 (“the Main Action”), and 98 CV 4006 (“the Bear Stearns Action”). These actions 1...
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DECISION AND ORDER This is an action for copyright infringement, in which the plaintiff alleges that the defendants infringed scripts he wrote for Budweiser Beer television advertisements involving a character called the “Bud Frog.” Now before the Court is the defendants’ motion [# 16] for summary judgment. For the reasons that follow, this motion is granted. BACKGROUND In 1990,...
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51 F. Supp. 2d 703 (1999) UNITED STATES of America v. Jason Jerimiah CHAPPELLE, Defendant. No. 2:99CR18. United States District Court, E.D. Virginia, Norfolk Division. April 26, 1999. James A. Metcalfe, Assistant U.S. Attorney, U.S. Attorney's Office, Norfolk, VA, for U.S. Bruce C. Sams, Sams & Hawkins, P.C., Norfolk, VA, for defendant. ORDER PRINCE, United States Magistrate Judge. Pursuant ...
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47 F. Supp. 2d 1365 (1999) Susan CHOCKLA, Plaintiff, v. CELEBRITY CRUISE LINES, INC., Defendant. No. 98-136-Civ. United States District Court, S.D. Florida, Miami Division. April 21, 1999. *1366 Caryn D. Vogel, Miami, FL, for plaintiff. Rodolfo Gomez, Allen Norton & Blue, Coral Gables, FL, for defendant. ORDER K. MICHAEL MOORE, District Judge. THIS CAUSE came before the Court upon Defendant'...
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ORDER THIS CAUSE came before the Court upon Defendant’s Motion for Summary Judgment (DE #32). Response and Reply have been filed. I. Background Plaintiff Oswald Russell was an aircraft mechanic employed by Defendant American Eagle Airlines, Inc. 1 Plaintiff, who is African-American, alleges that fellow employees and supervisors who were either white or Hispani...
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT In this action, plaintiff Suzanne Levy, a self-proclaimed animal lover, seeks untold compensatory and punitive damages from her next-door neighbor, Joyce Alfano, the City of New Rochelle and certain of its employees, including the Mayor and a functionary in the office of the Building Official (i.e., Inspector)...
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OPINION ON MOTION TO DISMISS Each of the plaintiffs, Creaciones Con Idea, S.A. de C.Y. (hereinafter, “Crea-ciones”) and Imagen Textil y Confecciones, S.A. de C.V. (hereinafter, “Imagen”), was a beneficiary of an irrevocable letter of credit (hereinafter, “ILC”) issued by defendant MashreqBank. 1 Under those ILCs, plaintiffs made payment demands that defendant rejected, asse...
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54 F. Supp. 2d 1351 (1999) Hugh COLLINS, et al., Plaintiffs, v. INTERNATIONAL DAIRY QUEEN, et al., Defendants. No. 5:94-95-4 (WDO). United States District Court, M.D. Georgia, Macon Division. May 11, 1999. *1352 William Camp Harris, John Elvis James, Lisa Neill-Beckmann, Macon GA, Dianne Green Smith, Lee Abrams, Chicago, IL, for plaintiffs. Emmet J. Bondurant, II, Atlanta, GA, Benjamin M. Garland...
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48 F. Supp. 2d 442 (1999) FS PHOTO, INC., a Delaware corporation, Larry G. Settle and David G. Settle, Plaintiffs, v. PICTUREVISION, INC., a Delaware corporation, Philip G. Garfinkle, Yaacov Ben-Yaacov, Ed Glassmeyer and Robert Kagle, Defendants. No. Civ.A. 98-378 MMS. United States District Court, D. Delaware. April 23, 1999. *443 Andre G. Bouchard, Joel Friedlander, of Bouchard Friedlander &...
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MEMORANDUM — DECISION & ORDER Plaintiff Wilma Osier (“plaintiff”) commenced the instant litigation pursuant to 42 U.S.C. § 1983 and Title VII of the Civil Rights Act of 1964 and 1991 (“Title VII”), 42 U.S.C. § 2000e~2, claiming that she is the victim of hostile work environment sexual discrimination, that she was treated differently than male employees because of her sex, and she was reta...
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MEMORANDUM-DECISION & ORDER I. BACKGROUND A. Corporate Evolution To the extent relevant, facts detailed in the Court’s prior decision in Frink America, Inc. v. Champion Road Machinery Ltd., 961 F.Supp. 398 (N.D.N.Y.1997) are also presented below. The common corporate lineage of the parties involved in this action dates back to 1945, when Melvin 0. Simpson founded...
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MEMORANDUM — DECISION & ORDER I. BACKGROUND A. Procedural History The United States of America and the State of New York (collectively, the “government”) initiated this action on July 10, 1987, against 83 business entities to recover response costs pursuant to section 107 of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9607 (as...
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DECISION AND ORDER This action was brought by the plaintiff, Richard Baker, who alleged that he was unlawfully terminated from his position with the County of Monroe’s Environmental Services Division in violation of the Americans with Disabilities Act, 42 U.S.C. § 12102, and the New York Human Rights Law, N.Y. Executive Law § 296. The case is before the Court on the defendant’s motion for...
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47 F. Supp. 2d 1352 (1999) FLORIDA ASSOCIATION OF REHABILITATION FACILITIES, INC. et al., Plaintiffs, v. STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION et al., Defendants. No. 89-0984-CIV. United States District Court, S.D. Florida, Miami Division. April 11, 1999. *1353 Steven Murray Weinger, Kurzban Kurzban Weinger & Tetzeli, Miami, FL, for plaintiffs. Chesterfield H. Smith, Jr., Mor...
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ORDER DENYING SUMMARY JUDGMENT THIS CAUSE came before the Court upon Defendant’s Motion for Summary Judgment (DE # 45). UPON CONSIDERATION of the motion, responses, materials submitted, the pertinent portions of the record, and being otherwise fully advised in the premises, the Court enters the following Order. BACKGROUND This matter arises out of a claim by Plaintiff Ruben I. Del Monaco agains...
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ORDER Cups and Lids — Summary Judgment In this antitrust class action commenced April 5, 1994, plaintiffs Dairy Queen franchisees contend that defendants International Dairy Queen, Inc. (“IDQ”), and its wholly owned subsidiary, American Dairy Queen Corporation (“ADQ”), have not only violated the antitrust laws of the United States but have also breached the March 13, 1974 consent decree of the ...
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DECISION AND ORDER This action was brought by Plaintiff Melvyn Bentley (“Bentley”) in Bankruptcy Court for the Northern District of New York. It arises out of Bentley’s unsuccessful attempts to obtain an Emergency Loan from the Defendants, first acting through his wholly-owned corporation, An-naquasicook Farm, Inc. (“AFI”) and later seeking to proceed with the application as an indivi...
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48 F. Supp. 2d 1372 (1999) Hector FIGUEROA, on behalf of himself and all others similarly situated, Plaintiffs, v. AMERICA'S CUSTOM BROKERS, INC., a Florida corporation; America's International Trade Services, Inc., and Jorge J. Sam, an individual resident of the State of Florida, Defendants. No. 98-3020-Civ. United States District Court, S.D. Florida. April 29, 1999. *1373 *1374 Donald Jaret, Mi...
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47 F.Supp.2d 1361 (1999) CSC HOLDINGS, INC., Plaintiff, v. KIMTRON, INC. d/b/a Kimtronix et al., Defendants. No. 98-7252-Civ. United States District Court, S.D. Florida, Fort Lauderdale Division. April 15, 1999. *1362 Daniel J. Lefkowitz, Patrick J. Sullivan, Wayne R. Louis, Daniel J. Lefkowitz, P.C., Jericho, NY, Philip J. Kantor, Bienstock & Clark, Miami, FL, for plaintiff. Thomas Ralph Tat...
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ORDER This matter is before the Court on Plaintiffs Motion For Judgment As A Matter Of Law On The Issue Of Contributory Negligence And/Or For A New Trial (doc. 73), to which Defendant filed a Response (doc. 76) and Plaintiff filed a Reply (doc. 83). DISCUSSION On December 9, 1996, Plaintiff Ernest Keeton (“Plaintiff’) brought suit against Defendant Norfolk Southern Corporation (...
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MEMORANDUM DECISION DENYING DEFENDANTS’ MOTIONS TO DISMISS PLAINTIFFS’ CLAIMS UNDER 42 U.S.C. §§ 1981, 1983, 2000(a) AND THE NEW YORK HUMAN RIGHTS LAW, AND GRANTING THE MOTIONS TO DISMISS PLAINTIFFS’ CLAIMS UNDER 42 U.S.C. § 1985 The plaintiffs are an interracial couple who claim to have been expelled from membership in the Ossining Boat & Canoe Club, Mrs. Gibbs-Alfano in 1995 and her hus...
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ORDER AFFIRMING BANKRUPTCY COURT’S ORDER; ORDER DECLARING APPELLANTS VEXATIOUS LITIGANTS I. INTRODUCTION Robert Walker and Janet Walker, (“Debtors”) appeal an order of Bankruptcy Judge James R. Grube, which dismissed their bankruptcy with prejudice. The appeal raises two issues: (1) whether Judge Grube properly dismissed Debtors’ bankruptcy petition with prejudice; and (2) whether Judge Gru...
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51 F.Supp.2d 877 (1999) D. Karl MURPHY, Plaintiff, v. Deborah L. BRAY, et al. Defendants. No. C-1-98-200. United States District Court, S.D. Ohio, Western Division. March 12, 1999. *878 Vincent James Lodico, Crabbe Brown Jones Potts & Schmidt — 2, Columbus, OH, Michael Francis Lyon, Lindhorst & Dreidame — 1, Cincinnati, OH, John Joseph Arnold, Shannon M. Reynolds, Hamilton County Proscuti...
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OPINION Pending before the court is the motion (doc. no. 11) of defendants, City of Pittsburgh, Dominic Cimino, Ronald Graziano, and Richard Bruce (collectively “city defendants”), to dismiss plaintiffs’ complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief may be granted, and the motion (doc. no. 8) of plaintiffs, Maurice and Nancy Nern...
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OPINION I. BACKGROUND On July 3, 1997, Plaintiff Energy Marketing Services, Inc. (“EMS”), filed this action against Defendant Homer Laughlin China Company (“HLCC”) in the Franklin County Court of Common Pleas, alleging breach of contract and seeking specific performance under the terms of the parties’ prior contract. On July 31, 1997, HLCC removed the case to this Court pursuant to the Court’s ...
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47 F. Supp. 2d 135 (1999) Edward J. LIBBY, Plaintiff, v. FIRSTAR BANK OF SHEBOYGAN, N.A., Defendant. No. Civ.A. 97-10463-RCL. United States District Court, D. Massachusetts. April 21, 1999. Mark W. Corner, Rubin & Rudman, Boston, MA, for Edward J. Libby, plaintiff. *136 Joseph L. Kociubes, Bingham, Dana & Gould, Boston, MA, Allison R. Handel, Bingham, Dana & Gould, Boston, MA, for Fir...
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I. INTRODUCTION This case involves a nationwide products liability action, alleging that Defendant TPLC Holdings, Incorporated (formerly Te-lectronics Pacing Systems, Incorporated) and Defendants Accufix Research Institute, Incorporated (formerly TPLC, Incorporated (“TPLC”))1 as well as Pacific Dunlop Limited (“Pacific Dunlop” or “PDL”) and Nucleus Limited (“Nucleus”) (collectively referred to as...
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45 F. Supp. 2d 558 (1999) Judy C. SANTERRE, Plaintiff, v. AGIP PETROLEUM CO., INC., Defendant. No. CIV.A. H-98-0557. United States District Court, S.D. Texas. March 29, 1999. *559 *560 *561 *562 *563 Gregg M. Rosenberg, Gregg M. Rosenberg & Associates, Houston, TX, for Judy C. Santerre, Plaintiff. Gene M. Williams, Mehaffey & Weber, D. Faye Caldwell, Caldwell & Adams, Houston, TX, for...
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OPINION AND ORDER Pending before the Court is an appeal (Docket # 1) taken by Carl Palermo (“Palermo”), a former creditor of debtor Pritam Realty, Inc. (“debtor”), of an order from the United States Bankruptcy Court for the District of Puerto Rico (“Bankruptcy Court”) entered on October 16, 1996. In its order, issued in Case No. 93-01277(SEK), the Bankruptcy Court denied Palermo’s motion to set...
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OPINION AND ORDER Pending before the Court is an appeal (Dockets # 1, 7) taken by Carlos. Rodriguez Quesada, trustee for debtor Arecibo Community Health Care, Inc. (the “trustee”), of an order from the United States Bankruptcy Court for the District of Puer-to Rico (“Bankruptcy Court”) entered on April 18,1998. In its order, issued in Case No. 95-04594(GAC), the Bankruptcy Court dismissed...
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48 F. Supp. 2d 81 (1999) Victor VICENTY MARTELL, et al., Plaintiffs, v. ESTADO LIBRE ASOCIADO DE PUERTO RICO, et al., Defendants. No. Civ. 98-1352(SEC). United States District Court, D. Puerto Rico. March 29, 1999. *82 *83 *84 George Uzdavinis-Velez, Mayaguez, Puerto Rico, for plaintiffs. Gloria Robison-Guarch, Department of Justice, Federal Litigation Division, San Juan, Puerto Rico; Reynaldo J....
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*68 OPINION AND ORDER Pending before the Court is defendant MBR Industries, Inc. (“MBR”)’s Motion for Summary Judgment (Docket # 13), which was duly opposed by plaintiff Orba, Inc. (“Orba”) (Docket #19). MBR sought leave of the Court to file a reply to Orba’s opposition (Docket #20), which Orba now seeks to strike as untimely pursuant to Local Rule 311.7 (Docket # 21). Because we find that Or...
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49 F. Supp. 2d 62 (1999) CHEMORGANICS, INC., Plaintiff, v. KEMWATER NORTH AMERICA, INC., et al., Defendants. No. Civ. 96-2483(SEC). United States District Court, D. Puerto Rico. March 19, 1999. Jane Becker-Whitaker, Troncoso & Becker, San Juan, PR, for plaintiff. Jeffrey M. Williams-English, David C. Indiano-Vicic, Indiano, Williams & Weinstein-Bacal, Hato Rey, PR, for defendants. OPINIO...
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47 F.Supp.2d 1172 (1999) Marlys BEAR MEDICINE and Delores Iron Shirt, as Co-Personal Representatives of the Estate of Leland Kicking Woman, George Kicking Woman, Molly Kicking Woman, Marlys Bear Medicine, individually and as guardian of Tanielle Kicking Woman and George Lee Kicking Woman, II, and Dana Murray, as guardian of Brandi Kicking Woman, Susan Kicking Woman, Lissa Kicking Woman, and Lelan...
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ORDER If wishes were Harleys, defendants, members of the Outlaws motorcycle gang, might ride into the sunset; leaving this case behind ... but wishes are not Har-leys, nor do most of defendants’ latest objections, which amount to little more than wishes, entitle them to relief. Defendants raise a host of challenges to Magistrate Judge William E. Callahan, Jr.’s November 23, 1998 orders and Februa...
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*260 DECISION & ORDER In accordance with the provisions of 28 U.S.C. § 636(c), the parties to this case have consented to have the undersigned conduct all proceedings, including entry of final judgment (Item 8). Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the petition is denied. BACKGROUND In...
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MEMORANDUM On April 1, 1999, after a four day jury trial, defendant Michael Youngblood, also known as Michael Williams, was convicted of thirty-four counts of extortion, bank fraud, tax evasion, and failure to file tax returns. He was acquitted on one count of failing to file a federal income tax return. Presently before the court is the defendant’s motion for a new trial based on juror misco...
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49 F. Supp. 2d 851 (1999) AMERICA ONLINE, INCORPORATED, Plaintiff, v. GREATDEALS.NET et al., Defendants. No. Civ.A. 99-62-A. United States District Court, E.D. Virginia, Alexandria Division. May 4, 1999. *852 *853 Anthony Tobias Pierce, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., for plaintiff. William Francis Krebs, Galland, Skaraseh & Garfinkle, Washington, D.C., for defendant....
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DECISION & ORDER Pursuant to 28 U.S.C. § 636(c), the parties have consented to have the undersigned conduct all proceedings in this case, including the entry of final judgment (Item 32). A jury trial was held beginning on November 9, 1998, and a verdict was rendered in favor of the plaintiff on November 18, 1998 (See Item 82). Plaintiff was awarded $15,000 in punitive damages f...
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DECISION & ORDER In accordance with the provisions of 28 U.S.C. § 636(c), the parties have consented to have the undersigned conduct any and all further proceedings in the above captioned matter (Item 24). Plaintiff commenced this action pursuant to 42 U.S.C. § 405(g) in order to challenge the determination of the Social Security Appeals Council. Both plaintiff and defendant move for judg...
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ORDER The above-referenced case w;as referred to Magistrate Judge Carol E. Heckman pursuant to 28 U.S.C. § 636(b)(1)(B), on April 8, 1997. On February 17, 1999, Magistrate Judge Heckman filed a Report and Recommendation, recommending that the petition for habeas corpus relief be denied and the case dismissed. The Court has carefully reviewed the Report and Recommendation, the record in this c...
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ORDER 1.By Order filed with the Clerk of the Court on October 28, 1997, this Court referred this case to the Honorable Carol E. Heckman, United States Magistrate Judge, to hear and report on all dispositive motions and directed Magistrate Judge Heckman to issue a Report and Recommendation to this Court pursuant to 28 U.S.C. § 636(b)(1)(B). 2. On May 26, 1998, Defendant filed a Motion...
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47 F. Supp. 2d 579 (1999) DIAMOND STATE INSURANCE CO., Plaintiff, v. RANGER INSURANCE CO., Defendant. No. CIV.A. 97-7815. United States District Court, E.D. Pennsylvania. May 17, 1999. *580 *581 Ronald T. Coleman, Jr., Paul, Hastings, Janofsky & Walker, Atlanta, GA, R. Clay Porter, Dennis, Corry, Porter and Gray, Atlanta, GA, David Parsells, Stevens & Lee, Wayne, PA, for Plaintiff. Beatri...
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MEMORANDUM and ORDER The plaintiff, Angela Maxwell (“Angela”), brings this action by and through her parent and natural guardian, against the School District of the City of Philadelphia (“the District”), its superintendent, the middle school principal, and substitute teacher May Chen Chu (“Chu”) (referred to collectively as “the school district defendants”) under 42 U.S.C. § 1983 for ...
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MEMORANDUM This is an appeal by debtors Hans-Wolf G. Munkwitz and L. Elizabeth Munkwitz from the Bankruptcy Court order of February 22, 1999 dismissing their bankruptcy petition and barring another filing by them for a period of 180 days. 1 Jurisdiction exists under 28 U.S.C. § 158(a). On December 8, 1997, appellants filed a voluntary Chapter Thirteen petition in bankruptcy. 2 On April ...
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MEMORANDUM OPINION This matter is before the Court on a discovery dispute brought about by Defendant’s objections to Plaintiffs requests. Pursuant *363to this Court’s Order issued April 22, 1999, Defendant submitted documents to the Court for an in camera review. Upon review of the said materials, this Court finds that Defendant shall not be required to produce the requested documents. BACKGROUN...
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MEMORANDUM AND ORDER I. INTRODUCTION This reverse employment discrimination action is filed pursuant to the Civil Rights Act, Title'Vil, 42 U.S.C. I 2000e et seq. and under 42 U.S.C.. §§ 1981, 1983, 1985(3). The Plaintiff in this case, Leem-on McHenry, was employed in a one-year *404teaching position for the 1995-96 academic year in the Philosophy Department at Kutztown University. The Plaintif...
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MEMORANDUM AND ORDER The court has before it four motions: Plaintiffs Motion to Compel Discovery (doc. 55); Defendants Kansas’ and Topeka State Hospital’s Motion for Protective Order (doc. 59); Defendants Kansas’ and Topeka State Hospital’s Motion for Protective Order Pro*648hibiting Ex Parte Communications (doc. 60); and Joint Request for Hearing on Plaintiffs Motion to Compel Discovery and Def...
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*556 RULING Before this court is the report of the magistrate recommending that we dismiss Chavez’ habeas corpus petition. The magistrate states two grounds for dismissal: this court lacks jurisdiction over his claims and his claims are moot because he has been deported. We disagree with the magistrate’s mootness recommendation, but agree that we lack jurisdiction over his pe...
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ORDER GRANTING FEDERAL DEFENDANTS’ MOTION TO DISMISS AND GRANTING INTERVENER’S MOTION TO DISMISS This case arises from the alleged improper forest management techniques used by the United States Forest Service in the Medicine Bow National Forest and the alleged injury to endangered species caused by such techniques. The United States Forest Service has brought a motion to dismiss, arguing tha...
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48 F. Supp. 2d 1084 (1999) UNITED STATES of America ex rel., Michael ARMSTRONG, Petitioner, v. Rolland BURRIS, Respondent. No. 98 C 3981. United States District Court, N.D. Illinois, Eastern Division. May 7, 1999. *1085 Michael Armstrong, Pontiac, IL, pro se. Alvin S. Ratana, Assistant Attorney General, Chicago, IL, for Respondent. MEMORANDUM OPINION AND ORDER BUCKLO, District Judge. Petitioner,...
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48 F. Supp. 2d 612 (1999) UNITED STATES of America v. Doris Jean McCONNELL and Marsha McConnell, Defendants. No. 2:98cr10011. United States District Court, W.D. Virginia, Big Stone Gap Division. April 22, 1999. *613 Steven Randall Ramseyer, Rick A. Mountcastle, U.S. Attorney's Office, Abingdon, VA, for U.S. Frederick Wayne Adkins, Cline, Adkins & Cline, Norton, VA, Sydney Strother Smith, III,...
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ORDER GRANTING, IN PART, PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION Pending before this Court is Plaintiffs’ Motion for a Preliminary Injunction, filed on April 7, 1999. On May 13, 1999, this matter was heard on the Court’s calendar, at which time oral argument was presented by the parties’ counsel and by Ryan E. Warren, trial attorney for the Civil Rights Division of the United States Depar...
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MEMORANDUM OPINION AND ORDER In 1980, Frederick Lacey, R.C. Petti-grew, and Richard Holliman were found shot to death near a viaduct south of the downtown area of Chicago, Illinois. Following a jury trial in the Circuit Court of Cook County, Illinois before Judge Thomas Maloney, petitioners Roger Collins and William Bracy were found guilty of the three murders and related charges. Col...
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OPINION Plaintiff Polar International Brokerage Group (“Polar”) and defendants seek court approval of their class action settlement. Polar additionally seeks an award of attorney’s fees and reimbursement of expenses. I. Parties Polar is the owner of twelve ADR shares1 of defendant Willis Corroon, pic (“Willis Corroon” or the “Company”). Willis Corroon, an international insurance broker and risk...
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OPINION AND ORDER Plaintiff Gidatex, S.r.L. (“Gidatex”) filed this suit against Defendants Campaniello Imports, Ltd., Campaniello Imports of Florida, Ltd., and Campaniello Enterprises, Inc. (collectively “Campaniello”) in 1997, alleging violations of the Lanham Act, 15 U.S.C. §§ 1114(1) and 1125(a), common law trademark infringement, and *299 common law unfair competition...
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52 F. Supp. 2d 763 (1999) AT & T COMMUNICATIONS OF THE SOUTHWEST, INC., et al., Plaintiffs, v. CITY OF DALLAS, TEXAS, Defendant. No. CIV.A.3:98-CV-0003-R. United States District Court, N.D. Texas, Dallas Division. May 17, 1999. *764 *765 George Harmon Tarpley, Sheinfeld Maley & Kay, Dallas, TX, Andrew William Austin, Sheinfeld Maley & Kay, Austin, TX, for AT&T Communications of So...
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ORDER DENYING MOTION TO DISMISS THIS CAUSE comes before the Court on Defendants’ Joint Motion to Dismiss the Consolidated and Amended Complaint (DE# 31). The Court has reviewed the responsive pleadings and the other pertinent portions of the file and heard argument of counsel on this Motion on February 2, 1999. For the reasons set forth below, the Defendants’ Motion to Dismiss is deni...
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ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF PATENT INVALIDITY I ADOPT the Magistrate Judge’s Recommendation that summary judgment for defendant Apple Computer, Inc., be DENIED, although on a somewhat different ground than the one cited by the Magistrate Judge. As the Magistrate ...
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49 F. Supp. 2d 445 (1999) Obeiro GALVIS v. HGO SERVICES. No. CIV. A. 97-8111. United States District Court, E.D. Pennsylvania. May 18, 1999. *446 Kenneth I. Trujillo, Louis C. Ricciardi, Trujillo Rodriguez & Richards, The Penthouse, Philadelphia, PA, for Plaintiff. Paul R. Lewis, Stevens & Lee, Wayne, PA, for Defendant. MEMORANDUM AND ORDER JOYNER, District Judge. Defendant moves for dis...
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44 F.Supp.2d 1091 (1999) Kathye L. HELGESON, Plaintiff, v. AMERICAN INTERNATIONAL GROUP, INC., et al., Defendants. No. 97-CV-175-JJL-AJB. United States District Court, S.D. California. March 2, 1999. Order Denying Reconsideration April 29, 1999. *1092 Michelle A. Perfili, Law office of Michelle Perfili, San Diego, CA, for plaintiff. James S. Bryan, Arter and Hadden, Los Angeles, CA, P. Kevin Conn...
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ORDER This cause comes before on Appellants’ Appeal from judgment of the United States Bankruptcy Court for the Middle District of Florida, which was entered on April 15, 1997, by Bankruptcy Judge Thomas E. Baynes, Jr. Appellants filed their initial brief on November 10, 1997. (Doc. No. 5.) Appellee Traci K. Strickland, the successor Chapter 7 Trustee, filed an answer brief on December 18, 19...
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OPINION AND ORDER On April 5, 1999, Defendant National Biological Corporation/ETA Systems filed a motion for summary judgment in this discrimination action arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq [Doc 17]. In this opinion, the Court must determine whether genuine issues of material fact exist regarding Plaintiff Kenneth R. Ishman’s clai...
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ORDER On April 5, 1999, the plaintiffs filed a motion to set aside the verdict and for a new trial pursuant to Fed.R.Civ.P. 59(a) [Doc. 867]. Plaintiffs’ motion follows a jury trial and this Court’s March 22, 1999 judgment entry in favor of defendant cigarette makers on all counts [Doc. 866]. For the reasons that follow, the Court denies the plaintiffs’ motion. In their motion, the plaintiffs say...
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48 F. Supp. 2d 176 (1999) Angel RAMOS, By and through his next friend, Janet RAMOS, Richard Ramos, by and through his next friend, Janet Ramos, and Janet Ramos v. TOWN OF VERNON and Rudolph Rossmy, police chief in his official capacity. No. 3:98CV1944 (AHN). United States District Court, D. Connecticut. May 13, 1999. *177 Ann Parent, Connecticut Civil Liberties Union Foundation, Jon Schoenhorn, L...
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MEMORANDUM ORDER On July 24, 1997, at the conclusion of a conference originally convened for the purpose of hearing argument on plaintiffs motion to stay this action pending plaintiffs reorganization under Canadian bankruptcy law, the parties orally consented to dismiss the ease without prejudice. See transcript, July 24, 1997 (“Tr.”). Roughly fifteen months later, plaintiff and another party fi...
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MEMORANDUM OPINION The transformation in the role of women in our culture and workplace in recent decades and the civil rights movement perhaps will be viewed as the defining social changes in American society in this century. Both have resulted in important federal, state and local legislation protecting those previously excluded from important roles from discrimination in pursuit of the...
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MEMORANDUM OPINION AND ORDER Attorney Weihua Tang, who represented defendant Nonferrous Metals (U.S.A.) Inc. (“NFM”) in this action, moves for reconsideration of this Court’s memorandum opinion and order dated September 10, 1998 sanctioning Tang under Fed.R.Civ.P. 11. Tang argues, among other things, that the Court failed to give him adequate notice under Rule 11(c) of the specific conduct alle...
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OPINION Petitioner Ferdinandus L. Van Eeten, 1 Jr. brings this petition for habeas relief under 28 U.S.C. § 2241 against respondents David V. Beebe, district director for the Immigration and Naturalization Service (INS) in Portland, and Janet Reno, Attorney General of the United States. Petitioner contends that respondents are improperly detaining him without bond pending remov...
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*130 MEMORANDUM AND ORDER New Hampshire Insurance Co. and Northland Insurance Co. issued successive commercial automobile insurance policies on behalf of Textile Trucking of New Hampshire, Inc. Following a collision between one of Textile Trucking’s, vehicles and a bicyclist, Textile made demands on both insurers for a defense and indemnification against any liability resulting from the col...
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48 F. Supp. 2d 719 (1999) Robert Alan SHIELDS v. Gary JOHNSON, Director, Institutional Division, Texas Department of Criminal Justice. Civil Action No. G-99-01. United States District Court, S.D. Texas, Galveston Division. May 7, 1999. Helen J Beardsley, Austin, TX, Allen Richard Ellis, Mill Valley, CA, for petitioner. Kristen Bates, Assistant Attorney General, Austin, TX, for respondent. ORDER ...
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ORDER ON BANKRUPTCY APPEAL This is an appeal from a bankruptcy court order finding that EZ Cash 1, LLC is an unsecured creditor in Mary Brigance’s bankruptcy estate and that EZ Cash’s claim should be classed as a general unsecured claim. In re Brigance, 219 B.R. 486, 492-95 (Bankr.W.D.Tenn.1998). I. Standard of Review A district court reviews the bankruptcy co...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW These cases have been remanded to this court pursuant to the en banc decision of the Sixth Circuit in Aiken v. City of Memphis, 37 F.3d 1155 (6th Cir.1994). In that order, the Sixth Circuit instructed this court to determine whether the use of affirmative action in the 1988 and 1989 promotional processes in the Memphis Police Department (...
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OPINION AND ORDER In this complaint for declaratory relief, Plaintiff Danielle Lee Dusharm seeks a judgment that Defendant Nationwide Insurance Company (“Nationwide”) is obligated to provide underinsured motorist (“UIM”) coverage for her under policies issued by Nationwide to her father and her mother. The parties have cross-moved for summary judgment. At issue is whether Nationwide must provid...
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MEMORANDUM BACKGROUND: On December 23, 1996, plaintiff Travis L. Shouey commenced this action with the filing of a complaint against defendants Stanwood Corporation and Standard Knitting Mills, Inc. After some confusion about the proper party defendant, a second amended complaint was filed on July 24, 1997, naming defendant Duck Head Apparel Co., Inc. Shouey, a minor bringing...
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MEMORANDUM AND ORDER RE: MOTION TO SUPPRESS I. INTRODUCTION Defendant, John Tibbs (“Tibbs”) moves this Court to suppress evidence seized from the home of Khatisia Goode (“Goode”) during a warrantless search conduct by Boston Police Officers on May 2, 1996. The Government contends that the failure to secure a warrant is excused by Goode’s consent to the search. Tibbs count...
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MEMORANDUM OPINION AND ORDER BEFORE THIS COURT is the Motion of the Defendant, Grand Casinos of Mississippi, Inc., to Dismiss pursuant to Fed. R.CivP. 12(b)(6). Plaintiff, Phil Ritchie, filed a two count complaint alleging a violation of the Family and Medical Leave Act (“FMLA”) and breach of contract. After careful consideration of Defendant’s Motion, the pleadings, briefs and arguments of c...
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OPINION AND ORDER Currently pending before the Court are Defendant’s Objections to the Magistrate’s recommendation that Plaintiffs motion for judgment on the pleadings be denied: Defendant’s motion for judgment on the pleadings be denied; the Commissioner’s final decision be reversed, and the matter be remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for fu...
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MEMORANDUM AND ORDER Plaintiff seeks judicial review, pursuant to § 205(g) of the Social Security Act (the “Act”). 42 U.S.C. § 405(g), of a final determination of the Commissioner of Social Security (the “Commissioner”) denying his application for disability insurance benefits. The Commissioner moves for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). For ...
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ORDER Plaintiff brings this action under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review the final decision of the Commissioner of Social Security denying her Disability Insurance and Supplemental Security Income benefits. The Administrative Law Judge (“ALJ”) found that plaintiff suffers from a severe seizure disorder, hypertension and anxiety but that she has the cap...
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MEMORANDUM OPINION ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND OVERRULING DEFENDANT’S OBJECTIONS Pending is plaintiffs’ motion to remand. Pursuant to 28 U.S.C. § 636(b), this mo *737 tion was referred to United States Magistrate Judge Earl S. Hines for conclusions of law and recommendation for disposition. On March 9, 1999, the magistrate judge issued a ...
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OPINION This matter is before the court on the motion by plaintiff, Wright Medical Technology, Inc. (‘Wright”) for a preliminary injunction, pursuant to Federal Rule of Civil Procedure 65, and on the motion of *675 defendants, George E. Somers and The Somers Group, Inc. (collectively “Som-ers”), to dismiss Wright’s Verified Complaint for failure to state a claim upon which re...
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AMENDED ORDER. Before the court are defendants’ motions to dismiss and for summary judgment made on the ground that plaintiff, not having suffered a direct and palpable injury as a result of defendants’ alleged conduct, lacks standing to bring this action. For the reasons stated below, the court holds that plaintiff lacks standing to assert its claims. Accordingly, summary judgment is GRANTED i...
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42 F. Supp. 2d 493 (1999) OMNIPOINT COMMUNICATIONS, INC., Plaintiff, v. PENN FOREST TOWNSHIP, Defendant. No. 3:CV-97-1584. United States District Court, M.D. Pennsylvania. March 31, 1999. *494 *495 James A. Swetz, Stroudsburg, PA, for plaintiff. Anthony Piazza, Kathleen E. Holmes, Lancaster, PA, for defendant. MEMORANDUM VANASKIE, District Judge. Plaintiff Omnipoint Communications, Inc. (Omnipoi...
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ORDER DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT Plaintiff, the widow of a helicopter pilot killed when his aircraft crashed into a fixed oil platform in the Gulf of Mexico and sank into the ocean, brings suit under the Outer Continental Shelf Lands Act, 43 U.S.C. § 1331 et seq. (“OCSLA”). Now before the Court is Plaintiffs Motion for Partial Summary Judgment seeki...
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ORDER GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT Plaintiff Nicolas Valentin allegedly was injured on May 7, 1993 while serving *512 aboard Defendant’s vessel, the M/V SAMUEL COBB. On April 17,1998, he brought suit against Defendant, his employer, under the Jones Act, 46 U.S.CApp. § 688 et seq., and general maritime law. Subject matter jurisdiction is confe...
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MEMORANDUM AND ORDER This suit arises out of a partnership formed among the parties and others to secure a government contract for engineering services relating to the development of a traffic management system in the Kansas City area and defendant’s purported refusal to allow plaintiffs to participate meaningfully in the project after securing the contract. Plaintiffs, a minority business enterp...
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OPINION AND ORDER Having invested in excess of $1.3 million in several product arbitrage companies, Plaintiff David M. Fromer (“Fromer”) allegedly discovered that these companies were actually part of an elaborate “Ponzi” scheme. Having then been sued in a class action by other third-party investors caught up in the scheme (the Restifo action), Fromer and the other Re...
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53 F. Supp. 2d 643 (1999) William LLOYD and Kathaleen McCormick, Plaintiffs, v. Richard JEFFERSON, William McDaniel, and William Hill, Defendants. No. Civ.A. 97-307-GMS. United States District Court, D. Delaware. May 12, 1999. *644 *645 *646 *647 *648 *649 Catherine T. Hickey and Noel E. Primos, of Schmittinger & Rodriguez, Dover, Delaware, for plaintiffs. Marc P. Niedzielski and Kevin P. Mal...
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OPINION Plaintiffs, the Securities Investor Protection Corporation (“SIPC”) and James W. Giddens as Trustee (the “Trustee”) for the liquidation of the business of securities broker-dealer A.R. Baron & Co., Inc. (“Baron”), brought this action against defendant BDO Seidman, LLP (“Seidman”) seeking damages for various state law causes of action, such as negligence, fraud and b...
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MEMORANDUM AND ORDER Plaintiffs filed this suit in state court on July 2, 1998, to recover damages for personal injuries sustained by 3-year old Giovanni Urso (Giovanni) and his brother Mario (Mario) when their mother’s car was hit as she pulled out of a grocery store parking lot. On September 21, 1998, pursuant to Circuit Court of Cook County Rule 6.4, the boys’ father, Cecilio Urso ...
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MEMORANDUM OPINION AND ORDER Plaintiff Gretchen D. Cuyler (“Cuyler”), Special Administrator of the Estate of Christian Cuyler (“Decedent”), deceased, filed a Complaint against the United States of America (“United States”) pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b). The United States presently moves to dismiss Cuyler’s Complaint pursuant to Rule 12(b)(6) of the Feder...
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OPINION AND ORDER On October 1, 1998, Defendant Bissell Inc. filed a motion for summary judgment in this patent infringement case [Doc. 26], Bissell asks this Court for judgment finding it has not infringed on either patent owned by The Hoover Company (“Hoover”) involved in this action. Defendant Bissell also seeks judgment finding that Plaintiff Hoover cannot recover damages for conduct ...
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44 F.Supp.2d 432 (1999) Fred SUHY, Individually and on behalf of all others similarly situated, Plaintiff, v. ALLIEDSIGNAL, Defendant. No. Civ. 3:96cv29 (AWT). United States District Court, D. Connecticut. March 31, 1999. *433 Gary Edward Phelan, Garrison, Phelan, Levin-Epstein, Chimes & Richardson, New Haven, CT, for plaintiff. Peter A. Janus, Siegel, O'Connor, Schiff & Zangari, Hartford...
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47 F.Supp.2d 250 (1999) Mark A FEINER, M.D. et al., Plaintiffs, v. SS&C TECHNOLOGIES, INC., et al., Defendants. No. Civ.A.3:97-CV656JCH. United States District Court, D. Connecticut. March 23, 1999. *251 Andrew M. Schatz, Schatz & Nobel, Hartford, CT, I. Stephen Rabin, Rabin & Peckel, New York City, for plaintiffs. William H. Prout, Jr., Wiggin & Dana, New Haven, CT, John F. Batte...
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42 F. Supp. 2d 1052 (1999) Frank D. RODRIGUEZ, Petitioner, v. Aristedes ZAVARAS, Executive Director of Colorado Department of Corrections, Respondent. Civil Action No. 96-D-2559. United States District Court, D. Colorado. April 1, 1999. *1053 David A. Lane, Miller, Lane & Killmer, L.L.P., Denver, CO, David Lindsey, Denver, CO, for petitioner. Robert Petrusak, Paul Wolfe, Attorney General's Of...
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36 F. Supp. 2d 1026 (1999) Carol WINKLER, et al. v. INTERIM SERVICES, INC. d/b/a Interim Healthcare. No. 3:98-0042. United States District Court, M.D. Tennessee, Nashville Division. February 12, 1999. *1027 Gordon Bonnyman, Jr., Nashville, TN, for plaintiffs. John S. Hicks, Nashville, TN, for defendant. MEMORANDUM CAMPBELL, District Judge. Pending before the Court is Defendant's Motion to Dismis...
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48 F.Supp.2d 1276 (1999) Jack HUMPHRIES, Plaintiff, v. WILLIAMS NATURAL GAS COMPANY, a Corporation, Defendant. No. 96-4196-SAC. United States District Court, D. Kansas. March 30, 1999. Charles S. Fisher, Jr., Fisher, Cavanaugh & Smith, P.A., Topeka, KS, for Plaintiff. Jay V. Allen, Tulsa, OK, Teresa J. James, Wallace, Saunders, Austin, Wichita, KS, for Defendant. MEMORANDUM AND ORDER CROW, S...
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51 F.Supp.2d 1163 (1999) UNITED STATES of America, Plaintiff, v. Lazaro DIAZ, Defendant. No. 98-40079-04-SAC. United States District Court, D. Kansas. March 30, 1999. *1164 Robin D. Fowler, Office of United States Attorney, Topeka KS, for U.S. Donald R. Hoffman, Hoffman & Hoffman, Topeka, KS, F.G. Manzanares, Topeka, KS, Dwight L. Miller, Topeka, KS, David J. Phillips, Office of Federal Publi...
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*1256 MEMORANDUM AND ORDER Plaintiff Rosemarie Craig filed suit against defendant Olsten Home Health Care alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. This matter is presently before the court on defendant’s motion for summary judgment (doc. # 30). As set forth in more detail below, defendant’s motion for summary judgment is gran...
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MEMORANDUM ORDER This case comes before the Court on defendant CWA’s motion to amend this Court’s order and judgment issued September 29, 1998. Upon consideration of the motion and the several memoranda in support of and opposition to it, the Court finds that the defendant has not satisfied the standard for reconsideration of an order, and the motion will be denied. However, the Court will amend...
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48 F. Supp. 2d 43 (1999) Caspa L. HARRIS, Jr., Plaintiff, v. HOWARD UNIVERSITY, INC., Defendant. No. Civ.A. 96-404(RCL). United States District Court, District of Columbia. May 10, 1999. *44 Thomas Semmes Dann, Hewes, Gelbrand, Lambert & Dann, P.C., Washington, DC, for plaintiff. Daniel I. Prywes, Steven Reinness, Pepper Hamilton, L.L.P., Washington, DC, for defendant. MEMORANDUM OPINION LAM...
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54 F.Supp.2d 485 (1999) Eugene F. HANNON, et al., Plaintiffs v. EXXON COMPANY, U.S.A., Defendant No. Civ. AMD 98-1822. United States District Court, D. Maryland. May 10, 1999. *486 *487 Harry C. Storm, James L. Parsons, Jr., Abrams, West & Storm, P.C., Bethesda, MD, for plaintiffs. Benjamin Sorrells Boyd, Piper & Marbury, LLP, Washington, DC, Kelly H. Scoffield, Exxon Company, U.S.A., Hou...
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49 F. Supp. 2d 1307 (1999) Debra MANN, Plaintiff, v. OLSTEN CERTIFIED HEALTHCARE CORP., d/b/a Olsten Health Services, and Debbie Northcutt, individually and in her professional capacity, separately and severally, Defendants. Civil Action No. 98-T-776-N. United States District Court, M.D. Alabama, Northern Division. May 18, 1999. *1308 *1309 Barry J. Armstrong, Long, Aldridge & Norman, Atlanta...
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47 F.Supp.2d 1342 (1999) Ernest Edwin HUEY, Jr., Plaintiff, v. AMERICAN TRUETZSCHLER CORP., et al., Defendants. No. Civ.A. 98-T-795-N. United States District Court, M.D. Alabama, Northern Division. May 14, 1999. *1343 *1344 J. Greg Allen, Jon Cole Portis, Beasley, Allen, Crow, Methvin, Portis & Miles, PC, Montgomery, AL, for plaintiff. Michael Baird Beers, Constance T. Buckalew, Beers Anderso...
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54 F. Supp. 2d 1 (1999) Edward and Cynthia BRICKER, Plaintiffs, v. FEDERAL BUREAU OF INVESTIGATION, Defendant. No. Civ.A. 97-2742(RCL). United States District Court, District of Columbia. May 12, 1999. *2 Alene Anderson, Government Accountability Project, Seattle, WA, Robert Charles Seldon, Sarah L. Levitt, Project on Liberty & The Workplace, Washington, DC, for plaintiffs. Meredith Manning, ...
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*508 ORDER AND REASONS Plaintiff Jerry L. Miller alleges that he was injured while working on a fixed offshore platform located on the Outer Continental Shelf adjacent to Louisiana. Miller alleges that he struck his head on a low-hanging pipe of the platform’s Lease Automatic Custody Transfer (LACT) unit. 1 The platform is owned by Marathon Oil Company; it was desi...
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OPINION AND ORDER On December 2, 1998, Plaintiff Todd Marcum filed a complaint against his employer, Defendant Consolidated Freight-ways, alleging disability discrimination under the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (“ADA”), and violation of Ohio workers’ compensation laws, Ohio Rev. Code Chapter 4123, et seq. [Doc. 1]. On April 12, 1999, D...
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MEMORANDUM OPINION In this pro se 42 U.S.C. § 1983 action, plaintiff alleges that defendants violated his constitutional rights while he was incarcerated at the Riverside Regional Jail (RRJ). Named as defendants are: Colonel D.R. Hodge, RRJ Superintendent; Colonel M.R. Reynolds, RRJ Classification Supervisor; and Captain J. Tyler, RRJ Head of Security. Defendants have filed a motion to dism...
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MEMORANDUM OPINION AND ORDER The saga continues. After several trips between this Court and the Seventh Circuit Court of Appeals, the case is back. The Seventh Circuit previously reversed this Court’s grant of summary judgment to Panduit on Count II and remanded for further proceedings. Panduit Corporation (hereinafter “Panduit”) now brings a motion to dismiss Count II of the complain...
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52 F. Supp. 2d 1233 (1999) UNITED STATES of America, Plaintiff, v. James L. BOYD III, Defendant. No. 99-40001-01-SAC. United States District Court, D. Kansas. March 30, 1999. *1234 Randy M. Hendershot, Office of United States Attorney, Topeka, KS, for U.S. Ronald E. Wurtz, Office of Federal Public Defender, Topeka, KS, for defendant. MEMORANDUM AND ORDER CROW, Senior District Judge. The case com...
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ORDER In this action alleging violations of the federal securities laws, plaintiff Securities and Exchange Commission (“SEC”) and third-party defendant Gruntal & Co. (“Gruntal”) move, pursuant to 15 U.S.C. § 78u(g), to dismiss defendants Douglas G. McCaskey’s (“McCaskey”), Neal D. Fitzpatrick’s (“Fitzpatrick”), and Hope D. Trowbridge’s (“Trowbridge”) third-party complaint. ...
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OPINION AND ORDER This action arises out of a merger between Premiere Technologies, Inc. (“Premiere”) and Xpedite Systems, Inc. (“Xped-ite”). Pursuant to a merger agreement, Premiere purchased all of the outstanding stock of Xpedite, and Xpedite shareholders received newly-issued Premiere stock in return. Plaintiffs, major shareholders in Xpedite at the time of the Premiere/Xped-ite m...
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OPINION Presently before the court is the Plaintiffs “Renewed Motion to Dismiss Counterclaims with Respect to the ‘213 Patent.” 1 The counterclaims which the Plaintiff asks this court to dismiss are all actions for a declaratory judgment that United States Patent No. 5,480,213 (the ‘213 patent) is invalid, unenforceable and not infringed. In its motion, the Plaintiff argues that those count...
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MEMORANDUM & ORDER By motion filed on December 16, 1998 and heard on March 5, 1999, plaintiffs move pursuant to Federal Rule of Civil Procedure (“Rule”) 23(a) and either 23(b)(2) or 23(b)(3), for certification of a plaintiff class consisting of: All persons and entities who purchased an IBM Aptiva, ThinkPad, or PC 700, which was installed or furnished with an “Mwave” digital signal processor. Exc...
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51 F. Supp. 2d 1001 (1999) Ronald W. HARVEY, et al. v. Kenneth SCHOEN, et al. No. 3-72-CV-73 (JMR/RLE). United States District Court, D. Minnesota. April 7, 1999. *1002 ORDER ROSENBAUM, District Judge. Plaintiffs object to the Report and Recommendation, issued January 28, 1999, by the Honorable Raymond L. Erickson, United States Magistrate Judge. Plaintiffs' objections to the Report were timely...
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MEMORANDUM OPINION AND ORDER Pending before the Court is the motion of the defendant to dismiss this case pursuant to Rule 12(b)(1), (2), (4), and (5) of the Federal Rules of Civil Procedure. The memorandum accompanying the motion addresses only' the Rule 12(b)(5) justification — dismissal based upon insufficiency of service of process. The Court’s clerk, with notice to the defendant, con...
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48 F. Supp. 2d 885 (1999) Anne Marie GROZDANICH, Plaintiff, v. LEISURE HILLS HEALTH CENTER, Inc., a Minnesota corporation, a/k/a Leisure Hills of Hibbing; Mesabi Regional Medical Center, Inc., a Minnesota corporation, a/k/a University Medical Center—Mesabi; and John Parson, Defendants. No. Civ. 97-760(RLE). United States District Court, D. Minnesota. April 30, 1999. *886 William James Mavity, Pam...
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51 F.Supp.2d 1136 (1999) UNITED STATES of America, Plaintiff, v. Shawn E. STEWART, Defendant. No. 98-40097-01-SAC. United States District Court, D. Kansas. January 28, 1999. *1137 Mark L. Bennett, Jr., Bennett & Dillon, L.L.P., Topeka, KS, for defendant. Randy M. Hendershot, Office of United States Attorney, Topeka, KS, for plaintiff. Steven D. Rosel, Topeka, KS, for defendant. MEMORANDUM AN...
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ORDER DENYING MOTION TO REMAND Before the Court is Plaintiffs’ First Amended Motion to Remand (docket no. *935 8), defendant’s response (docket no. 9), and plaintiffs’ reply (docket no. 10). After careful consideration, the motion is denied. In August of 1998, plaintiffs contracted with Alamo Moving and Storage One, Corporation (“Alamo”) to transport their belongings fro...
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49 F. Supp. 2d 1081 (1999) Stephen PRICE, Plaintiff, v. INTERSTATE WAREHOUSING, INC., Defendant. No. 97 C 3618. United States District Court, N.D. Illinois, Eastern Division. May 19, 1999. Thomas J. Canna, John F. Canna, Dawn M. Hinkle, Canna and Canna, Ltd., Orland Park, IL, for plaintiff. Christopher E. Hoyme, Nancy Wood, Berens & Tate, P.C., Omaha, NE, Thomas S. Moore, Anderson & Moore...
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36 F. Supp. 2d 1240 (1999) T. Gregory MEADOWS, at al., Plaintiffs, v. PACIFIC INLAND SECURITIES CORPORATION, et al., Defendants. No. Civ.97-cv-0358-TW(JFS). United States District Court, S.D. California. February 17, 1999. *1241 *1242 Timothy Karen, for Plaintiffs. John Bender, for Defendants. ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT'S MOTION TO DISMISS AND GRANTING PLAINTIFF'S MOTION...
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ORDER DENYING DEFENDANT’S MOTION TO REASSIGN CASE PURSUANT TO E.D.MICH. LR 83.11(b)(2) This ease is assigned to Judge George E. Woods. Judge Woods has referred a portion of the defendant Detroit Board of Education’s Motion to Reassign Case to me in my capacity as Chief Judge. Plaintiff has responded to defendant’s motion and defendant has replied. The facts and legal arguments are adequately pre...
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OPINION AND ORDER Table of Contents I. Introduction..............................................................991 II. Background..............................................................992 A. TheParties.......................................................992 B. Wayne County Circuit Court........................................992 C. Recorder’s Court.............................
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ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS WITHOUT PREJUDICE [8-1] A hearing on Defendants’ Motion to Dismiss was held in Courtroom E, on January 19, 1999, before the Honorable James F. Stiven, United States Magistrate Judge, pursuant to Local Rule 72.3. and 28 U.S.C. § 636(c). Plaintiff Carlos Barela (Chavaris), pro se and in forma pauperis, appeared tele-phonically, and Michelle A. Des ...
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ORDER DENYING DEFENDANTS’ MOTION TO DISMISS (11-1) I PROCEDURAL BACKGROUND On April 17, 1998 Patrick York (“Plaintiff’), a prisoner proceeding pro se, filed a Complaint pursuant to 42 U.S.C. § 1983 alleging violations of his due process rights by officials at Calipatria State Prison (“CSP”). Plaintiff named as defendants S. Huerta-Garcia, Chief Deputy Warden, G. Ochs, Associate Warden, A. Tutt, F...
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49 F. Supp. 2d 496 (1999) WASHINGTON SPEAKERS BUREAU, INC., Plaintiff, v. LEADING AUTHORITIES, INC., Defendant. No. C.A. 98-634-A. United States District Court, E.D. Virginia, Alexandria Division. May 19, 1999. *497 William H. Bode, James M. Ludwig, Daniel E. Cohen, Bode & Beckman, LLP, Washington, DC, for Plaintiff. Stephen A. Horvath, Trichilo Bancroft McGavin Horvath & Judkins, PC, Fai...
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51 F.Supp.2d 1091 (1999) UNITED STATES of America, Plaintiff, v. Patricia HILL, Defendant. No. CR 99-60010-01-HO. United States District Court, D. Oregon. May 12, 1999. Gregory E. Veralrud, Veralrud, Clark & DuVall, Eugene, OR, for Patricia King Hill, defendant. Christopher Cardani, U.S. Atty's Office, Eugene, OR, for U.S. ORDER COFFIN, United States Magistrate Judge. Before the court is the...
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MEMORANDUM OPINION AND ORDER Edward Bontkowski’s pretrial motions and the government’s motions for reciprocal discovery are granted in part and denied in part as set forth in this order. Defendant’s Motions 1. Motion for Disclosure of Impeaching and Exculpatory Information Pursuant to Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and Giglio v. United State...
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MEMORANDUM OPINION AND ORDER Eddie McLaurin brought this action against Federal Express Corporation [“Federal Express”] alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Federal Express moves for summary judgment. For the following reasons, the motion for summary judgment is granted. Background Ed...
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MEMORANDUM OPINION AND ORDER The plaintiffs brought this action against Ford Motor Company [“Ford”] on behalf of themselves and a purported class of all women employed at the Ford Assembly Plant or Ford Stamping Plant between January 15, 1996 and the present time. The plaintiffs allege claims for sexual harassment, sex discrimination, and retaliation under Title VII of the Civil Rights Act of...
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MEMORANDUM OPINION AND ORDER The plaintiffs brought this action against Ford Motor Company, Ford Chicago Stamping Plant, and Ford Chicago Assembly Plant [“Ford”] on behalf of a purported class including all present and former employees in the Ford organization who work or have worked at the Ford Chicago Assembly Plant and Stamping Plant from 1993 through the present time. The plaintiffs alleg...
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MEMORANDUM OF DECISION AND ORDER Presently before the Court is the plaintiffs’ Order to Show Cause seeking a preliminary injunction pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining defendants Gary Konstantin (“Kon-stantin”), Rahim Ali (“Ali”), Reliance Mortgage Corp., Reliance Mortgage Banking Corp. (collectively, “Reliance”), The Hip Hop Café, Augusto Jalón (“Jal...
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OPINION AND ORDER This is an action brought by plaintiffs, Noreene L. Duffy (“Mrs.Duffy”) and her husband, James F. Duffy (“Mr.Duffy”), stemming from Mrs. Duffy’s trip-and-fall at a United States post office. Plaintiffs sue defendants Irwin Berliner and Dean P. Vlassis (“the landlords”), the owners and lessors of the property, as well as- the United States, the lessee of the property....
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ORDER This cause comes before the Court on the following: 1 GUNSTER, YOAKLEY, VALDES-FAULI & STEWART, P.A. [hereinafter “Gunster, Yoakley”]’s motion to intervene for the limited purpose of enforcing the settlement agreement and supporting memorandum (Docket No.448); 2.Plaintiff SOMERSET PHARMACEUTICALS, INC. [hereinafter “Somerset”]’s motion to enforce settlement and support...
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*1221 MEMORANDUM OPINION I. INTRODUCTION This three-judge court has been convened to hear a case implicating the pre-clearance mandate of section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. §§ 1973c. The Plaintiffs in this action are registered voters in Jefferson County. They contend that § 307-X-1-.21 of the amended Procedures for Electronic Vote Counting Systems, which allows fo...
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REDLINE AMENDED ORDER GRANTING SUMMARY JUDGMENT AND PERMANENT INJUNCTION This action is before the Court on the Cross-Motions for Summary Judgment filed by Plaintiff Washington Legal Foundation (“WLF”) and defendants Michael A. Friedman and Donna Shalala. Having reviewed the memorandum and other materials submitted, having heard oral argument and otherwise being fully advised; THE COURT F...
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47 F.Supp.2d 1255 (1999) Christopher E. HARTNETT, Lacy Hartnett, a minor child, by parent and next friend, Christopher E. Hartnett, and Gabriel Hartnett, a minor child, by parent and next friend, Christopher E. Hartnett, Plaintiffs, v. CATHOLIC HEALTH INITIATIVES MOUNTAIN REGION, a Colorado corporation d/b/a Centura Penrose — St. Francis Healthcare System, and P. Terrence O'Rourke, M.D., Defendan...
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FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER I. PROCEDURAL HISTORY Plaintiff Ruth Barker commenced this quiet title action on May 8, 1997 in the District Court for the County of La Plata, Colorado. She filed a second amended complaint on August 15, 1997, alleging four claims: (1) quiet title (against all defendants); (2) declaratory relief (against all defendants); (3) injunctive relief (again...
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42 F. Supp. 2d 1059 (1999) Frank D. RODRIGUEZ, Petitioner, v. Aristedes ZAVARAS, Executive Director of Colorado Department of Corrections, Respondent. No. Civ.A. 96-D-2559. United States District Court, D. Colorado. April 1, 1999. *1060 *1061 *1062 *1063 *1064 *1065 *1066 *1067 *1068 *1069 David A. Lane, Miller, Lane & Killmer, L.L.P., Denver, CO, David Lindsey, Denver, CO, for petitioner. *1...
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ORDER Before the Court in this personal injury ease are the following post-trial motions: (a) Intervenor Helmsman Management Services, Inc.’s (“Helmsman”) motion (#63 & # 65) for enforcement of subrogation rights; (b) Helmsman’s motion (# 66) for attorney fees and costs; (c) Defendants’ objections (# 69) to Helmsman’s bill of costs; (d) Defendants’ objections (#70 & #76) to Plaintiffs bill of cos...
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MEMORANDUM AND ORDER Before the court is Plaintiffs Motion to Compel Discovery (doc. 51). Pursuant to Fed.R.Civ.P. 37, plaintiff seeks an order to compel defendant to supplement answers to Interrogatories 6, 8, 9, 12, and 13 of his First Interrogatories to the Defendant and produce documents responsive to Requests 6, 7, 8,14, and 15 of his First Request for Production of Documents & Things to D...
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ORDER ON PLAINTIFFS’ MOTION TO REMAND CASE TO STATE CIRCUIT COURT This is before the Court on Plaintiffs’, Estate of Carey B. Ayres and Hazel Garrison, Motion to Remand Case to State Circuit Court, (Dkt.13), and Defendants’, Donald C. Beaver, Brian Center Corporation, Brian Center Management Corporation, Living Centers of America, Inc., LCA Operational Holding Company, Response, (Dkt.22), and M...
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MEMORANDUM AND ORDER I. INTRODUCTION The defendant seeks an order permitting him to ask the jurors who tried this case in 1997 about possible improper influences that may have affected their verdict and about possible violations of the court’s injunction not to discuss the case except during deliberations. A conviction had resulted in a long prison term. See United States v...
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MEMORANDUM OPINION and ORDER This action comes before the court as an appeal from an order of the United States Bankruptcy Court for the Northern District of Texas, Fort Worth Division, the Honorable Massie Tillman presiding, entered June 11, 1998, denying the motion of appellant, United States of America, to lift stay to permit set off. The court, having considered the briefs of appe...
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OPINION ON CHOICE-OF-LAW ISSUES ARISING OUT OF MOTIONS TO DISMISS OPINIONS ON MOTIONS TO DISMISS Presently before the Court are the following motions: (1) motion of Rodin Properties-Shore Mall, N.V. (“N.V.”) and N.V.’s shareholders, specifically Stichting Bedrijfspensioenfonds Voor De Metaalin-dustrie, Stichting Pensioenfonds Raboban-korganisatie, Amev Levensverzekering N.V., and Cen...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff Leo Criep filed this lawsuit against defendant Sentry Insurance alleging claims of malicious prosecution, witness tampering, abuse of process and intentional infliction of emotional distress. Criep’s claims arise from a state court lawsuit against him filed by Sentry Insurance, after Criep’s treatment of Teofilo Palacios. Criep alleges...
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MEMORANDUM AND ORDER Plaintiff Daniel Dudley sued the City of Eastlake and four of its police officers under 42 U.S.C. § 1983, alleging that the defendants violated his constitutional rights during the course of an arrest. The claims for excessive force and deliberate indifference to Dudley’s medical needs were brought against officers Robert Eden, Theodore Kroczak, William Lewis, and...
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52 F. Supp. 2d 629 (1999) Jabari ZAKIYA, Petitioner, v. Janet RENO, U.S. Attorney General, Kathleen Hawk, Director, U.S. Bureau of Prisons, Respondents. No. Civ.A. 98-1516-AM. United States District Court, E.D. Virginia, Alexandria Division. May 4, 1999. Mary E. Blevins-Cox, Washington, DC, Thomas Ruffin, Jr., Washington, DC, for plaintiff. Jeri K. Somers, Asst. U.S. Atty., U.S. Attorney's Office...
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MEMORANDUM AND ORDER Plaintiff J.L. Spoons, Inc. (“J.L.Spoons”), doing business as Tiffany’s Cabaret, brings this action against the City of Brunswick, Ohio (“Brunswick” or “the City”) pursuant to 42 U.S.C. § 1983. J .L. Spoons challenges the constitutionality of Ordinance No. 169-98, which provides for the licensing, location, and regulation of sexually oriented businesses in the City of Bru...
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48 F. Supp. 2d 582 (1999) CITIZENS CONCERNED ABOUT JET NOISE, INC., a Virginia non-stock corporation, Plaintiff, v. John H. DALTON, in his official capacity as Secretary of the Navy; and the United States of America, Defendants. No. 2:98cv800. United States District Court, E.D. Virginia, Norfolk Division. May 19, 1999. *583 *584 *585 Jack E. Ferrebee, Denton & Ferrebee, PLC, Virginia Beach, V...
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54 F.Supp.2d 421 (1999) Derrick L. WALKER, v. Thomas J. SPILLER. No. Civ.A. 95-6921. United States District Court, E.D. Pennsylvania. May 24, 1999. *422 Michael D. Homans, Mary Catherine Roper, Drinker Biddle & Renth, Philadelphia, PA, for plaintiff. Janet F. Ginzberg, City of Philadelphia, Philadelphia, PA, for defendant. MEMORANDUM ANITA B. BRODY, District Judge. Before me is a motion for ...
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ORDER OF REMAND This case was originally brought in the 56th Judicial District Court of Galveston County, Texas, on November 9, 1998. The case was removed to this Court by Defendants on February 12, 1999. Defendants alleged diversity jurisdiction under 28 U.S.C. § 1382. Plaintiffs, arguing that the removal was procedurally defective, now seek remand of this case pursuant to 28 U.S.C. §§ 1446(...
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MEMORANDUM AND ORDER Plaintiff Waban, Inc. (“Waban”) is a Delaware Corporation with its principal place of business’ in Natick, Massachusetts. HomeBase, at all relevant times a division of Waban, operates retail warehouses selling home improvement and building supply merchandise to do-it-your-selfers and professionals. Defendant Equity Resource Services, Inc. (“ERS”) is a New York corpora...
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51 F.Supp.2d 949 (1999) Samuel O. LEVERETT, Jr., Plaintiff, v. CITY OF INDIANAPOLIS and Indianapolis Fire Department, Defendant. No. IP 97-726-C-B/S. United States District Court, S.D. Indiana, Indianapolis Division. May 19, 1999. *950 Terry R. Curry, Butler Hahn Hill & Schembs, Indianapolis, IN, Elizabeth Filipow, Indianapolis, IN, for plaintiff. Jan Keefer, Mark J. Romaniuk, John T.L. Koeni...
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47 F. Supp. 2d 1105 (1999) Rafael SALAZAR, individually, and as Consul General of the Republic of Guatemala in Los Angeles, Plaintiff, v. J. BURRESCH, et al., Defendants. No. CV 98-2479 AHM(RCx). United States District Court, C.D. California. April 28, 1999. *1106 Stephen Allan Shikes, Glendora, CA, for plaintiff. Bill Lockyer, Attorney General of the State of California, Donald R. Currier, Deput...
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52 F.Supp.2d 922 (1999) UNITED STATES of America, Plaintiff, v. Rito Alfonso GALVAN-ZERMENO, Defendant. No. 98-30041. United States District Court, C.D. Illinois, Springfield Division. May 21, 1999. Patrick J. Chesley, Springfield, IL, for plaintiff. *923 David B. Mote, Springfield, IL, Joseph S. Miller, Springfield, IL, for defendant. OPINION RICHARD MILLS, District Judge. Is a downward departu...
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48 F. Supp. 2d 571 (1999) UNITED STATES of America, Plaintiffs, v. Richard Joyner HOLLAND, Richard Joyner Holland, Jr., Defendants. No. 2:97cr139. United States District Court, E.D. Virginia, Norfork Division. May 18, 1999. *572 Robert J. Seidel, Jr., James A. Metcalfe, United States Attorney's Office, Norfolk, VA, William L. Finch, Department of Justice, Criminal Division — Fraud Section, Washin...
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51 F.Supp.2d 1274 (1999) George R. YOUNG, III, Plaintiff, v. SOUTHTRUST BANK, N.A., et al., Defendants. Civil Action No. 95-C-683-N. United States District Court, M.D. Alabama, Northern Division. March 25, 1999. *1275 *1276 Marcus W. Reid, Cleophus Thomas, Jr., Frederic A. Ransom, Reid & Thomas, Anniston, AL, Theresa L. Watson, Washington, DC, for George R. Young, III. Charles Nichols Parnell...
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MEMORANDUM AND ORDER Plaintiff Pincus Fasten brings this action against defendant law firm Michael L. Za-ger, P.C., álleging violations- of the Fair Debt Collection Practices Act (“FDCPA” or “Act”), 15 U.S.C. § 1692(e), (g) and (k). Plaintiff seeks statutory damages in the amount of $1000, plus attorneys’ fees and costs. Both parties move for summary judgment. FACTS Unless otherwise indicat...
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OPINION Plaintiff-creditor, William A. Mattson (“Mattson”), has moved for summary judgment in connection with his claim that a state court default judgment he obtained against Jesse E. Hawkins (“Hawkins”), defendant-debtor, in the amount of $750,115.62, is a non-dischargeable debt of Hawkins. Pursuant to an order of the Bankruptcy Court, this adversary proceeding by Mattson against Hawkin...
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MEMORANDUM AND ORDER At its core, this case is about the clash between an employer’s right, under federal law, to replace striking workers, and a local governmental policy, adopted allegedly for public safety reasons, that would effectively nullify that right. The precise issue is whether the state action at issue, refusing to conditionally certify workers who would act as strike repl...
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50 F.Supp.2d 845 (1999) Ruth Ann GUINAN, Plaintiff, v. ROMAN CATHOLIC ARCHDIOCESE OF INDIANAPOLIS, Defendant. No. IP 98-16 C B/S. United States District Court, S.D. Indiana, Indianapolis Division. May 7, 1999. *846 Irving Fink, Yosha Ladendorf Krahulik & Weddle, Indianapolis, IN, for plaintiff. John S(Jay) Mercer, Wood Tuohy Gleason Mercer & Herrin, Indianapolis, IN, for defendant. ENTRY...
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OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION This case under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., is presently before the Court on a Motion for Summary Judgment filed by Defendant, Charles T. Nolan, on January 29, 1999. Plaintiff, James C. Hoeberling, a former participant in the now defunct Nolan and Hoeberlin...
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MEMORANDUM AND ORDER This Title VII employment discrimination case comes before the court on the defendant’s motion to dismiss (Dk. 5), and the plaintiffs motion for a continuance pursuant to Rule 56(f) of the Federal Rules of Civil Procedure. (Dk. 7). By its motion, the defendant seeks to dismiss for lack of subject matter jurisdiction. (Dk. 5). For the reasons given below, the court will constr...
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OPINION AND ORDER The matter before the court is the motion of defendant General Electric Company to reopen (# 85-1) and for dismissal with prejudice (# 85-2). BACKGROUND On December 7, 1993, the plaintiff, P.W. Berry Company, Inc. (hereinafter referred to as “plaintiff Berry”), filed this action against the defendants, General Electric Company, General Electric Government Engineering & Managemen...
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ORDER ON PLAINTIFF’S DISCOVERY MOTIONS Plaintiff, Mary Miller, a black female, brought this Title VII action against defendant, Federal Express Corp., alleging that she was discriminated against on the basis of her race. Specifically, plaintiff contends that after racial harassment charges were leveled at her by a fellow employee, she was disciplined more harshly than other similarly situated whi...
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*1131 ORDER Based upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-titled matter, it is — • ORDERED: 1. That the Plaintiffs Motion for Summary Judgment [Docket No. 5] is denied. 2. That the Defendant’s Motion for Summary Judgment [Docket No. 1...
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49 F.Supp.2d 1148 (1999) FARMERS INSURANCE CO., INC., Plaintiff, v. Alexandros P. PIERROUSAKOS, et. al., Defendants. No. 4:97CV1848SNL. United States District Court, E.D. Missouri, Eastern Division. May 21, 1999. *1149 David C. Knieriem, Morgan and Associates, St. Louis, MO, for Plaintiff. Roy A. Walther, III, Walther Glenn Law Associates, Michael A. Gross, St. Louis, MO, S. Lee Patton, Kirkwood,...
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51 F.Supp.2d 1147 (1999) UNITED STATES of America, Plaintiff, v. Shawn E. STEWART, Defendant. No. 98-40097-01-SAC. United States District Court, D. Kansas. May 7, 1999. *1148 Randy M. Hendershot, Office of United States Attorney, Topeka, KS, for plaintiff. Mark L. Bennett, Jr., Bennett & Dillon, L.L.P., Topeka, KS, Steven D. Rosel, Topeka, KS, for Defendant. MEMORANDUM AND ORDER CROW, Senior...
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MEMORANDUM AND ORDER Defendants Rudolph Giuliani, Mayor of the City of New York, and Jason Turner, Commissioner of the New York City Department of Social Services, (the “City defendants”) move to modify a preliminary injunction entered by this Court on January 25, 1999. See Reynolds v. Giuliani, 35 F.Supp.2d 331 (S.D.N.Y.1999). For the reasons that follow, the City defendants’ motion is gra...
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OPINION AND ORDER DENYING PLAINTIFFS’ MOTION FOR IN-JUNCTIVE RELIEF AND GRANTING DEFENDANT’S MOTION TO DISMISS I. BACKGROUND This case is presently before the Court oh a Motion for Temporary Restraining Order filed by Plaintiffs, Textile Processors International Union (“International”) and Trustee Anthony Griese, on April 15, 1999. 1 Plaintiffs bring this action pu...
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OPINION & ORDER Indictment S8 97 CR 786 charged defendant Gregory Ferguson in eight counts. Count one charged Ferguson and others with participating in a racketeering enterprise known as Power Rules. Ferguson was charged with participating in four predicate acts: (1) the attempted murder of Alberto Mercado; (2) the conspiracy to murder Gregory Ayala; (3) witness tampering; and (4) thr...
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MEMORANDUM OPINION On August 10, 1990, petitioner was convicted, following a jury trial, of murder in the second degree and sentenced to an indeterminate term of 25 years to life. His conviction was affirmed by the First Department in 1996 and by the Court of Appeals in 1997. 1 By papers dated July 27, 1998 and received by the Pro So Office on August 5, 1998, he now ...
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OPINION AND ORDER I. On November 2, 1998, this court struck down Ohio Revised Code § 123.151, which provides race-based preferences in the award of state construction contracts, holding that it violated the Equal Protection Clause of the United States Constitution. Two weeks earlier, the United States District Court for the Northern District of Ohio, likewise, found this Ohio law...
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OPINION The plaintiff, Eligha Graham, brings this action pursuant to section 205(g) of the Social Security Act (the Act), as amended, 42 U.S.C. § 405(g), to obtain judicial review of the decision of the Commissioner of Social Security (the Commissioner) denying his application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-433. BACKGROUND Eligh...
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52 F. Supp. 2d 1239 (1999) UNITED STATES of America, Plaintiff, v. Victor M. GARCIA, Defendant. No. 98-40113-01-SAC. United States District Court, D. Kansas. April 27, 1999. *1240 *1241 *1242 Anthony W. Mattivi, Office of United States Attorney, Topeka, KS, for plaintiff. David J. Phillips, Marilyn M. Trubey, Office of Federal Public Defender, Topeka, KS, for defendant. MEMORANDUM AND ORDER CROW...
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47 F. Supp. 2d 1294 (1999) Stacy Ann MILLER and Brently Ian Dorsey, Plaintiffs, v. DILLARD'S INC., Defendant. No. 98-4079-SAC. United States District Court, D. Kansas. April 22, 1999. *1295 Arthur A. Benson, II, Aften P. McKinney, Arthur Benson & Associates, Kansas City, MO, for plaintiffs. Lynn S. McCreary, Bryan Cave LLP, Overland Park, KS, John J. Yates, Bryan Cave LLP, Kansas City, MO, fo...
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DECISION AND ORDER Linda Canis (“Canis” or “plaintiff’) supervised production lines that canned and bottled soft drinks for Coca-Cola Enterprises (“CCE” or “defendant”). She suffered from a bone spur and related maladies in one of her feet, and she left work after six months. For a while, she went on short-term disability and then on lighter duty as a guard. Eventually, she lost her j...
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51 F.Supp.2d 1168 (1999) UNITED STATES of America, Plaintiff, v. Leanne PORTER, Defendant. No. 98-40061-01-SAC. United States District Court, D. Kansas. April 21, 1999. Randy M. Hendershot, Office of United States Attorney, Topeka, KS, for plaintiff. Charles D. Dedmon, Office of Federal Public Defender, Topeka, KS, defendant pro se. Jeannine D. Herron, Topeka, KS, defendant pro se. David J. Phill...
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ENTRY The prosecution, United States of America (the “government”), seeks a criminal conviction of defendant, Robert H. Kramer (“Kramer”), for willfully failing to pay a past due child support obligation, in violation of 18 U.S.C. § 228, known as the “Child Support Recovery Act” (“CSRA”). For the reasons discussed, we find the defendant GUILTY as charged in the grand jury’s one count indictme...
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OPINION AND ORDER This is a civil action for money damages brought by three former smokers and their spouses against the country’s major cigarette manufacturers and two tobacco industry trade organizations. The centerpiece of plaintiffs’ complaint is an omnibus conspiracy allegation, charging that defendants have engaged in a variety of tortious conduct aimed at recruiting new smokers and...
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ENTRY GRANTING IN PART AND DENYING IN PART DEFENDANT’S PARTIAL MOTION TO DISMISS Plaintiff, Nita A. Risk (“Risk”), alleges that her employer, defendant Ford Motor Company (“Ford”), discriminated against her on the basis of her sex, female, and *1137 retaliated against her for complaining about alleged sexual discrimination and harassment, in violation of Title VII of the ...
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MEMORANDUM OF DECISION AND ORDER Presently before the Court are the motions of Vincent Sainato and Anthony Sain-ato (collectively, the “defendants”) for an order dismissing the indictment on the ground that the prosecution against them is vindictive and thus violates the United States Constitution’s Fifth Amendment Due Process Clause. I. BACKGROUND On January 29, 1998, the G...
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MEMORANDUM The Piney Run Preservation Association (“Association”) filed this suit against the County Commissioners of Carroll County, Maryland (“County”), alleging violations of the Clean Water Act (“Act”), 33 U.S.C. § 1251 et seq. Plaintiff seeks partial summary judgment on the issue of liability, and defendant has filed a motion for summary judgment. *444 I. The Association is a non-pro...
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MEMORANDUM OPINION This is an action to declare that (1) a policy of insurance issued to defendant Frank Halcond is void ab initio and may be rescinded, and (2) the plaintiff is not obligated to defend Halcond in two personal injury cases brought against him. Discovery having been completed, plaintiff moves for summary judgment. Facts The Initial Application ...
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49 F. Supp. 2d 430 (1999) QUORUM HEALTH RESOURCES, INC., Plaintiff, v. CARBON-SCHUYLKILL COMMUNITY HOSPITAL, INC. t/a MINERS MEMORIAL MEDICAL CENTER, Defendant. No. CIV. A. 98-3018. United States District Court, E.D. Pennsylvania. May 4, 1999. *431 Albert Bates, Jr. IV, K. Mark Hall, Babst, Calland, Clements & Zomnir, Pittsburgh, PA, for Plaintiff. Paul F. Laughlin, Allentown, PA, for Defenda...
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MEMORANDUM Plaintiff Jeffrey Payton is currently an inmate at the State Correctional Institution at Greene (“S.C.I.Greene”). He brings suit under 42 U.S.C. § 1983 alleging violations of his rights under the Eighth and Fourteenth Amendments. His amended complaint claims that: (1) he was subject to a series of false misconduct reports in connection with a disturbance at S.C.I. Coal Township, an...
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52 F. Supp. 2d 546 (1999) Eric Q. CARROLL, Plaintiff, v. CITY OF WESTMINSTER, et al., Defendants. No. Civ.A. MJG-94-2634. United States District Court, D. Maryland. March 22, 1999. *547 *548 *549 Brian L. Wallace, Baltimore, Maryland and David L. Moore, Baltimore, Maryland, for plaintiff. Niccolo N. Donzella and Niccolo N. Donzella, P.A., Baltimore, Maryland; and Daniel Karp and Allen, Johnson, A...
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OPINION AND ORDER Pro se plaintiffs Ida Reisner, David Reisner and Eric Reisner brought this action under, inter alia, 42 U.S.C. § 1983 and 18 U.S.C. § 1962 alleging that the defendants have engaged in a pattern of racketeering activity and conspired to deprive them of title to and possession of their home at 53 Gerow Avenue, Spring Valley, New York (the “Premises”). Pla...
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OPINION Plaintiff Tuff-N-Rumble Management, Inc. (“Tuff’) has moved (1) pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure to dismiss the counterclaim for copyright interference asserted against it by defendants Sugarhill Music Publishing Inc., Sugar Hill Records, Ltd., Sugar Hill Records, Inc., Sugar Hill Music, Inc., and Sugar Hill Music Publishing, Ltd. (collectively, “S...
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OPINION Class plaintiffs have moved (1) pursuant to Rule 7 of the Federal Rules of Appellate Procedure, to require class member John Genins (“Genins”) to post a bond to secure costs, including attorneys fees, arising from Genins’ proposed appeal, and (2) for sanctions against Genins pursuant to Fed.R.Civ.P 11 and 28 U.S.C. § 1927. For the reasons set forth below, plaintiffs’ motions are granted...
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OPINION Plaintiffs Steven Gravatt (“Gravatt”) and his wife Delores Gravatt (“Mrs.Gravatt”) (collectively the “Gravatts”) have moved under Rule 52(b), Fed.R.Civ.P., to amend the opinion filed in this action on March 3, 1999 (the “Opinion”) directing judgment in favor of the Gravatts against defendants the City of New York (the “City”) Simpson & Brown, Inc. (“S & B”), the emp...
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MEMORANDUM AND ORDER Plaintiff commenced these consolidated cases pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 (“FDCPA”) and section 349 of The New York State General Business Law (Consumer Protection From Deceptive Acts and Practices). Named as defendants are Bank One, Columbus, N.A., a bank that issued Plaintiff a credit card (“Bank One”) and Trans Union Corp...
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MEMORANDUM ORDER On January 8, 1999, the Court dismissed this action in its entirety. See Order, Jan. 8, 1999. Although most claims in the case were dismissed without prejudice, plaintiffs securities fraud claim against defendants North Bronx Services Group, L.P., North Bronx Resources, Inc., and Medical Resources, Inc. (“the North Bronx defendants”), purportedly brought un...
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DECISION AND ORDER At the heart of this case are “market development fund” payments allegedly made by Ameritech Mobile Communications, Inc., to its sales agent Car Phones + , Inc. in an amount greater than payments Ameritech made to another sales agent, Tele-Port, Inc. Tele-Port initially sued Ameritech in Milwaukee County Circuit Court over the unequal payments, asserting breach of t...
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MEMORANDUM OPINION AND ORDER Pending is Plaintiffs motion for reconsideration, alteration or amendment of judgment pursuant to Rule 59(e) of the Federal Rules of Civil Procedure. The motion is ripe for disposition. For reasons discussed more fully below, the Court DENIES the motion. The Court declines to restate the facts, which are fully set out in the opinion of which Plaintiff seeks amendment...
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ORDER On April 12, 1999, Plaintiff Santa Fe Gaming (“Santa Fe”) moved (# 31) for a preliminary injunction to prevent Defendants Hudson Bay Partners (“Hudson”) and David Lesser from voting their shares of preferred stock to elect two new board members at the next shareholder meeting. Santa Fe claims that Defendants failed to appropriately file a Schedule 13D as required by the Securiti...
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MEMORANDUM OPINION AND ORDER Pending is Defendants’ motion to dismiss pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. For reasons discussed more fully below, the Court concludes that, under the Rooker-Feldman doctrine, it lacks subject matter jurisdiction over this action and GRANTS Defendants’ motion to dismiss without prejudice. I. FACTUAL AND PROCEDURAL BACKGROUND Defendants ...
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MEMORANDUM DECISION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT DISMISSING THE COMPLAINT In this action arising out of the arrest and subsequent strip search of plaintiff, defendants move for summary judgment dismissing the complaint. The motion is denied. Viewed most favorably to plaintiff, the facts are as follows: plaintiff, a forty-six year old construction worker, stopped by Marksman...
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MEMORANDUM & ORDER This is a case that never should have been brought. A lawyer and his client had an excellent relationship. For almost five years Robert W. Cinque, Esq. and his firm, defendant Cinque & Cinque, P.C., provided legal services to plaintiff Rommy Revson. Ms. Revson became one of the firm’s most important clients, and she was so pleased with the' firm’s services that at o...
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51 F.Supp.2d 916 (1999) UNITED STATES of America, Plaintiff, v. Billy R. CHANCE, Defendant. No. 98-30064. United States District Court, C.D. Illinois, Springfield Division. May 19, 1999. *917 David B. Mote, Springfield, IL, for plaintiff. Timothy A. Bass, Springfield, IL, for defendant. OPINION RICHARD MILLS, District Judge. Billy Chance alleges that he has been denied his right to a speedy tria...
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51 F. Supp. 2d 913 (1999) UNITED STATES of America, Plaintiff, v. Anthony JONES Jr., Defendant. No. 98-30027 United States District Court, C.D. Illinois, Springfield Division. May 19, 1999. Patricia A. Tomaw, Springfield, IL, for plaintiff. W. Scott Hanken, Robin L. DuRocher, Springfield, IL, for defendant. OPINION RICHARD MILLS, District Judge. Does the U.S.S.G. § 2K2.1(b)(5) gun enhancement ap...
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MEMORANDUM OF DECISION Pending before this Court for its approval is the proposed settlement agreement between the plaintiff class and the defendants Allmerica Financial Corporation, SMA Financial Corporation, First Allmerica Financial Life Insurance Company, and Allmerica Financial Life Insurance and Annuity Company (collectively “Allmerica” or “the Company”). Plaintiffs seek certifi...
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MEMORANDUM AND ORDER On April 9,1999 defendant pled guilty to one count of conspiracy to defraud the United States Department of Education in violation of 18 U.S.C. §§ 371 and 3551. He was sentenced to three years probation. *304 The conspiracy to which defendant pled guilty involved redirecting millions of dollars of public school district money to a private Jewish girls’ school and its af...
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FINDINGS, CONCLUSIONS, and ORDER This action filed October 15, 1996 for declaratory and injunctive relief under the First and Fourteenth Amendments of the United States Constitution and Article I, § 3 of the New York State Constitution, and for redress of the Plaintiffs’ rights under 42 U.S.C. §§ 1983 and 2000bb(b)(1); 20 U.S.C. § 1232(f); 34 C.F.R. § 98.1; 20 U.S.C. § 1232(h)(b); and...
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MEMORANDUM Appellant Chrysler Financial Corporation appeals an order of the United States Bankruptcy Court which granted the debt- or’s motion to modify the plan and incur credit. In re: Sahnica Denise Nolan, Bankruptcy Action No. 897-07979-KL-13; Docket Entry No. 2. For the following reasons, the Court will reverse the bankruptcy court’s decision and remand this action for...
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DECISION AND ORDER Barbara Mattias (“plaintiff’) suffered a back injury while she worked for Computer Sciences Corporation. Later she sued her employer, Continental Casualty Company and the CNA Insurance Companies (collectively “defendants”) for long term disability payments that she believes she, should receive under Computer Sciences Corporation’s ERISA plan. The parties disagreed on whethe...
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MEMORANDUM OPINION This matter is before the Court on cross-appeals from orders of the Bankruptcy Court confirming a Chapter 11 reorganization plan and valuating the bank *433 ruptcy estates. The action has a long and complex history. The action commenced on September 7, 1990, with the filing by five limited partnerships, each of which owned an apartment complex, of petit...
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68 F. Supp. 2d 1072 (1999) Jonathon Todd LEACH, Plaintiff, v. Craig M. BYRAM and Alderson, Ondov, Leonard, Sween Rizzi, Defendants. No. Civ.97-2686(DSD/JMM). United States District Court, D. Minnesota. May 24, 1999. *1073 Charles Kane Frundt, Frundt Frundt Johnson & Roverud, Blue Earth, MN, for Jonathon Todd Leach, plaintiff. John M. Degnan, Christopher R. Morris, Bassford Lockhart Truesdell ...
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MEMORANDUM AND ORDER Alison Resnick was the Cicero Town Collector and Ray Hanania, now her husband, was the Cicero town spokesman. *1012 They now sue the Town of Cicero; its President, Loren-Maltese; the members of the Board of Trustees; the Town of Cicero newsletter, The Cicero Town News; the Cicero Town Republican Organization, and its newsletter, The Cicero Town Observ...
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*833 MEMORANDUM AND ORDER T.H. has just celebrated his fifth birthday. Over the past two and half years, he has cleared some important cognitive, linguistic, and behavioral milestones despite the autism which makes it difficult for him to focus his attention on the task at hand. There can be no doubt that the informed and dedicated involvement of T.’s parents has been instrum...
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OPINION Defendant CITY OF LOS ANGELES (L.A) moves in two motions 1. FOR SANCTIONS UNDER RULE 11 AGAINST STEPHEN YAGMAN (YAGMAN) FOR JUDGE SHOPPING AND FILING FALSE DOCUMENTS WITH THE DISTRICT COURT (MOTION I) and 2. FOR TERMINATING SANCTIONS FOR JUDGE SHOPPING (MOTION II). MOTION I 1. THE RULE: Federal Rule of Civil Procedure, Rule 11 provides in pertinent part: Rule 11. Signing of Pleadings, Mot...
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ORDER On February 3, 1999, the Court heard argument on plaintiffs’ motion to remand this case to the state courts. David M. Given and Paul Karl Lukács appeared on behalf of plaintiffs; Paul Raynor Keating appeared for defendant Jello Biafra. Having considered the arguments of counsel, the papers submitted, the applicable law, *1152 and the record in this case, the Court hereby GRANTS the moti...
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MEMORANDUM AND ORDER The debtor in this chapter 7 bankruptcy case is Equipment Leassors of Pennsylvania (“ELOP”), a closely held corporation principally owned and managed by William Thayer (“Thayer”). ELOP among other activities, was in the business of leasing helicopters. The current appeal concerns the entitlement of Dover Funding Corp. (“Dover”) to receive an Aerospiatle A-Star 350...
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ORDER AND REASONS Henry Lee filed an application for a writ of habeas corpus under 28 U.S.C. § 2241 in the Northern District of Florida, where he is imprisoned. That court transferred the petition to this court where Lee was tried and sentenced in the interest of economy. Lee asks the court to vacate his conviction and 60-month sentence under 18 U.S.C. § 924(c)(1) for using a firearm in conne...
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MEMORANDUM OPINION AND ORDER Ramiro Hernandez filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, which this Court denied on November 2, 1998. Hernandez v. Cooper, 28 F.Supp.2d 498 (N.D.Ill.1998) (“Hernandez I”). The Court will assume that the reader is familiar with our opinion in Hernandez I. On December 31, 1998, this Court granted Hernandez’s motion to reconsider the N...
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71 F.Supp.2d 1145 (1999) Tom COUCH and Emily Couch, Plaintiffs, v. ASTEC INDUSTRIES, INC.; Southwest Crane, Inc.; and Joseph Williams, Defendants. No. CIV-98-1568 BRB/WWD. United States District Court, D. New Mexico. March 30, 1999. David L. Plotsky, Plotsky and Dougherty, Albuquerque, NM, for plaintiffs. *1146 Charles A. Pharris, Keleher & McLeod, Albuquerque, NM, for Astec Industries, Inc.,...
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MEMORANDUM OPINION Eighteen putative class action securities fraud cases have come before the Court on motions to consolidate, to appoint a lead plaintiff, and to select lead counsel.1 Facts The Defendant Orbital Sciences Corporation (“Orbital”) is a Delaware corporation that maintains its principal executive offices in Dulles, Virginia. Orbital designs, manufactures, operates, and markets pr...
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48 F. Supp. 2d 739 (1999) John Robert HAMPTON, et ux. v. ALLSTATE INSURANCE COMPANY. No. 1-98-0077. United States District Court, M.D. Tennessee, Columbia Division. May 6, 1999. *740 Randy Hillhouse, Hillhouse & Huddleston, Lawrenceburg, TN, for plaintiffs. Russell E. Reviere, Rainey, Kizer, Butler, Reviere & Bell, Jackson, TN, for defendant. MEMORANDUM HIGGINS, District Judge. The plain...
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64 F. Supp. 2d 1295 (1999) BAYER AG and Bayer Corporation, Plaintiffs, v. ELAN PHARMACEUTICAL RESEARCH CORPORATION and Elan Corporation, PLC, Defendants. No. Civ. 2:97-CV-143-WCO. United States District Court, N.D. Georgia, Gainesville Division. March 16, 1999. *1296 *1297 Julian D. Fleming, Jr., John L. North, Russell S. Bonds, Sutherland Asbill & *1298 Brennan, Atlanta, GA, Jeffrey B. Bove ...
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47 F. Supp. 2d 57 (1999) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. BARTON PROTECTIVE SERVICES, INC., Defendant. No. Civ.A.98-1536 (JR). United States District Court, District of Columbia. May 25, 1999. *58 Diane Bradley, U.S. Equal Employment, Opportunity Commission, Washington, DC, for plaintiff. Deborah P. Kelly, Jorge Kotelanski, Dickstein Shapiro Morin & Oshinsky LLP, Washing...
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48 F. Supp. 2d 47 (1999) BLUE BIRD COACH LINES, INC., et al., Plaintiffs, v. Administrator Gordon J. LINTON, Federal Transit Administration, Defendant. No. Civ.A. 98-1967(JR). United States District Court, District of Columbia. May 26, 1999. *48 Jeremy Kahn, Kahn & Kahn, Washington, DC, for plaintiffs. Paul S. Padda, Assistant U.S. Attorney, Washington, DC, for defendant. MEMORANDUM ROBERTSO...
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MEMORANDUM This memorandum sets forth the reasons for the rulings made in open court on April 19, 1999, denying the separate motions of defendants Adeosun, Hambolu and Kayode to suppress evidence and statements, the motion of defendant Adeosun for severance, and the motion of all defendants for misjoinder and to sever, as well as the accompanying order disposing of the motion to suppress evid...
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47 F.Supp.2d 43 (1999) Norma GALES, Plaintiff, v. DISTRICT OF COLUMBIA, et al., Defendants. No. Civ.A. 98-0401(JR). United States District Court, District of Columbia. April 27, 1999. *44 William C. Claiborne III, Washington, DC, for plaintiff. Michael Stern, Assistant Corporation Counsel, D.C., Washington, DC, for defendants. MEMORANDUM ROBERTSON, District Judge. In this action brought pursuant...
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47 F. Supp. 2d 42 (1999) Jose ODOM, Plaintiff, v. JEBROA ENTERPRISES t/a McDonald's Restaurant, Defendant. No. Civ.A. 98-2176(JR). United States District Court, District of Columbia. April 27, 1999. Barry L. Leibowitz, Erin P. Band, Monica Meyers Turnbo, Leibowitz & Band, Wheaton, MD, for plaintiff. John A. King, Deirdre R. Horton, King & Attridge, Rockville, MD, for defendant. MEMORANDU...
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MEMORANDUM This case is before the Court, pursuant to Fed.R.Civ.P. 54(d)(2), on plaintiffs motion for attorneys’ fees and costs. Almost three years ago, plaintiff, the Center to Prevent Handgun Violence (CPHV), brought suit under the Freedom of Information Act against defendants, the Bureau of Alcohol, Tobacco, and Firearms (ATF). The suit was partially concluded by this Court’s grant...
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MEMORANDUM OPINION AND ORDER Before the court is defendants’ motion to dismiss plaintiffs first amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the court grants in part and denies in part the motion. I. BACKGROUND Plaintiffs first amended complaint makes the following allegations which, for the purposes of ruling on ...
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OPINION Before the Court are the parties’ cross-motions for summary judgment, filed in *2 both this Court and the Court of Federal Claims. 1 Upon careful consideration of the parties’ motions, the oppositions and replies thereto, and the entire record, the Court denies plaintiffs’ motion for summary judgment and grants defendant’s motion for summary judgment. “...
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58 F.Supp.2d 854 (1999) Angelo MORO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Brian Perryman, District Director, INS and United States of America, Respondents. No. 98 C 7945. United States District Court, N.D. Illinois, Eastern Division. May 14, 1999. Jacob Daniel Azulay, Y. Judd Azulay, Azulay & Azulay, P.C., Chicago, IL, Frederick F. Cohn, Attorney at Law, Chicago, IL, Heidi L...
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48 F. Supp. 2d 477 (1999) Michael EDWARDS, Petitioner, v. J. Scott BLACKMAN, INS District Director, Respondent. No. 4:CV-99-0587. United States District Court, M.D. Pennsylvania. May 27, 1999. Sandra L. Greene, York, PA, for petitioner. Dulce Donovan, Assistant United States Attorney, Harrisburg, PA, for respondent. MEMORANDUM McCLURE, District Judge. BACKGROUND: On April 12, 1999, petitioner ...
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ENTRY GRANTING IN PART AND DENYING IN PART DEFENDANT LYONS’ MOTION TO DISMISS This matter comes before the Court on Defendant Steve Lyons’ motion to dismiss Plaintiffs claims under the First Amendment and the Indiana Constitution Article I, § 9, specifically as applied to municipal officers under 42 U.S.C. § 1983, and Plaintiffs claims under Indiana state law. Defendant argues that Pl...
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MEMORANDUM Now pending before the court is the motion to dismiss filed by the defendant, Prince George’s County, Maryland (“the County”). In the complaint, the plaintiff, Bell Atlantic-Maryland, Inc. (“Bell Atlantic”), challenges the legality of Prince George’s County ordinance CB-98-1998, known as the “Telecommunications Franchise Law” (“the ordinance”). The ordinance establishes a c...
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OPINION I. INTRODUCTION This matter comes before the Court on the motion of Defendant Carolyn Kohn to disqualify Plaintiffs counsel, Diane K. Weeks, Esq. Oral argument was heard on January 11, 1999 and an evidentiary hearing was conducted on March 15,1999. For the reasons stated below, Defendant’s motion to disqualify Plaintiffs counsel, Diane K. Weeks, Esq., is granted. II...
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ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS; TERMINATING CASE FOR LACK OF SUBJECT MATTER JURISDICTION I. INTRODUCTION On April 29, 1999 petitioner Ramon Maldonado filed a writ of habeas corpus arising under 28 U.S.C. § 2241. On May 12, 1999 petitioner filed an application for a temporary restraining order (“TRO”) seeking to stay his deportation pending resolution of p...
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MEMORANDUM — DECISION & ORDER Plaintiff Dan ■ Croy (“plaintiff’) commenced the instant lawsuits against defendants asserting: (1) common law claims for defamation and negligent misrepresentation (97-CV-1836); and (2) a claim pursuant to 42 U.S.C. § 1983 for the alleged deprivation of his liberty and property interests as guaranteed by the Fourteenth Amendment to'the United States Constitution (98...
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MEMORANDUM — DECISION & ORDER Presently before the Court are Fourth-Party Defendant Lumbermens Mutual Ca *136 sualty Company’s (“LMCC”) motion pursuant to Fed.R.CivP. 56 seeking dismissal of the fourth-party complaint against it and Fourth-Party Plaintiff Special Metals Corporation’s (“SMC”) cross-motion for summary judgment striking LMCC’s fourth affirmative defense that SMC...
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MEMORANDUM DECISION AND ORDER Defendants Zabala, Garcia and Ortiz-Pujols had moved inter alia to suppress physical evidence and statements made following their arrest on April 14, 1998. The motions were referred to the Honorable George A. Yanthis U.S.M.J., who, in a Report and Recommendation dated February 4, 1999, recommended that the motions be denied in their entirety. Famil...
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OPINION AND ORDER This case involves the termination of a series of licensing agreements between plaintiff SATCOM International Group PLC (“SATCOM”) .and defendant ORB-COMM International Partners, L.P. (“ORBCOMM”). Under their agreements, the parties had the option either to arbitrate or to litigate certain claims. On December 23, 1998, the plaintiff filed this action seeking damages ...
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*966 OPINION AND ORDER Six days after she turned fifteen, Christie Chauviere was robbed, sexually assaulted, and stabbed to death in her home. A jury in the 23rd District Court of Brazoria County found Gary Wayne Etheridge guilty of her capital murder and concluded that he had deliberately killed Christie and that he posed a continuing threat to society. -As a result, Etherid...
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ORDER GRANTING PETITIONER’S APPLICATION FOR WRIT OF HA-BEAS CORPUS PURSUANT TO TITLE 28 U.S.C. § 2254, BEFORE THIS COURT is the Application for Writ of Habeas Corpus pursuant to Title 28 U.S.C. § 2254 filed by the Petitioner, Pedro L. Gochicoa (hereinafter “Gochicoa”), on remand from the United States Court of Appeals for the Fifth Circuit. Gochicoa was convicted for felony possession...
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OPINION Assistant prosecutor Sara Sencer-McArdle (improperly pled as “Sara Spencer-McArdle”) (“Sencer-McArdle”), Essex County Prosecutor’s Office (“ECPO”) investigators George McGrath (“McGrath”) and Richard Mastroangelo (“Mastroange-lo”) (collectively the “county investigators”), and Division of Youth and Family Services investigator Louis Fonolleras (“Fonolleras”), all move for summary judg...
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MEMORANDUM OPINION AND ORDER Plaintiff Kimberly Johnson (“Johnson”), on behalf of herself and all others similarly situated, filed an eight count Third Amended Complaint against defendants Rohr-Ville Motors, Inc., doing business as Saturn of Waukegan (“Saturn”), and Mercury Finance Company of Wisconsin (“Mercury”), alleging violations of the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601 et se...
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MEMORANDUM DECISION AND ORDER Plaintiff Loretta Collins, a female police officer with the Yonkers Police Department (“YPD”), brings this action against defendants Donald Christopher, Robert Olson, William Cave, Gerald Curtis, Emil Cavorti, Edward Barrette in their individual and official capacities, and the City of Yonkers (“City”), pursuant to 42 U.S.C. § 1983, alleging violations of her...
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MEMORANDUM AND ORDER Cross-claim defendant the City of New Rochelle (the “City”) and third-party defendants Patrick Carroll, Dominic Capio, Rhoda Quash, Tim Idoni, and Robert De-Leno (the “individual defendants”) move for summary judgment pursuant to Fed. R.Civ.P. Rule 56 against third-party plaintiffs Gary Lucchese and John DeLeno. The third-party plaintiffs’ sole claim against the ...
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*366 ORDER This case involves a limitation proceeding under 46 U.S.C.App. §§ 181 et seq. filed by the Mediterranean Shipping Company (“MSC”), the owners of the M/V MSC Carla, following the ship’s sinking in November 1997. Claimant Washington International Insurance Company (“Washington”), along with hundreds of other claimants, filed a Verified Claim in this limitation proceeding seekin...
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MEMORANDUM & ORDER Presently before the Court in these cases alleging securities fraud, which have been consolidated for pre-trial purposes, 1 is the motion pursuant to Rule 12(b)(6) and Rule 9(b), Fed.R.Civ.P., of defendant KPMG LLP (“KPMG”). KPMG seeks dismissal of the complaint against it on the *292 ground that plaintiffs fail to meet the pleading standards of ...
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MEMORANDUM I. INTRODUCTION Pro se Petitioner Robert J. Cefalo applies for a writ of habeas corpus. Petitioner claims that the trial judge gave constitutionally deficient jury instructions on reasonable doubt and the presumption of innocence. Respondent argues that an adequate and independent state procedure bars any habeas review of Petitioner’s claims. Alternatively, Respondent argues ...
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*1295 MEMORANDUM DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDERS This matter came for hearing before the court on January 26, 1999 and April 7, 1999 on Class Motion for Permission to Distribute Settlement Funds, and Motion to Certify Class Member’s Claims filed by claimant Robert H. Jaffe, individually and as president of Robert H. Jaffe & Associates, (“Jaffe”). Class ...
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MEMORANDUM-DECISION AND ORDER 1 On August 19, 1998, a jury returned a verdict in the above captioned case awarding nominal damages of one dollar against defendants Daniel Senkowski (“Senkowski”) and William Costello (“Costello”). Presently pending are motions by the defendants pursuant to Fed.R.Civ.P. 59(e) and 60(a) to amend the judgment and pursuant to Fed. R.Civ.P. 50(b) for ju...
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MEMORANDUM Plaintiff United States of America (“USA”) claims that Defendants Common *58 wealth Energy System and subsidiary companies (“Commonwealth”) owe roughly $600,000, plus interest, for tax refunds erroneously given to Commonwealth for the 1990 and 1991 tax years. The parties have filed cross motions for summary judgment. I. ANALYSIS This dispute turns on whether Commonwealth was ...
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MEMORANDUM AND ORDER Plaintiffs filed suit against the Credit Store, Inc. (“Credit Store”), first National Bank in Brookings (“First National”), and Citizens Bank (“Citizens”). Plaintiffs allege that the defendants violated 11 U.S.C. § 524 and conspired to engage in an unlawful civil conspiracy. Plaintiffs also aver that the 'defendant Credit Store and First National violated the Fair...
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MEMORANDUM AND ORDER INTRODUCTION This case arises out of a dispute between plaintiff Dr. Joseph D. Giampa, a chiropractor, and defendants Trustmark Insurance Company (“Trustmark”) and Continental Assurance Company (“CNA”) regarding Giampa’s eligibility to receive disability payments. Defendants have moved for summary judgment on the ground that Giampa is not totally disabled as ...
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52 F. Supp. 2d 195 (1999) Franklyn MATHEWS, Petitioner, v. Janet RENO, Attorney General; Doris Meissner, Commissioner of the Immigration and Naturalization Service; Immigration and Naturalization Service; Department of Justice; and Steven Farquharson, District Director, Immigration and Naturalization Service, Respondents. Pasqualino Turavani, Petitioner, v. Janet Reno, Attorney General; Steven Fa...
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MEMORANDUM AND ORDER IMPOSING SANCTIONS ON DEFENDANTS’ COUNSEL AND LOCAL COUNSEL I. Introduction Local Rule 37.1 of the Local Rules of the United States District Court for the District of Massachusetts provides as follows: RULE 37.1 DISCOVERY DISPUTES (A) Before filing any discovery motion, including any motion for sanctions or for a protective order, counsel for each of the parties shall con...
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48 F. Supp. 2d 124 (1999) Michele M. VITANZA, Individually & as Executrix of the Estate of Timothy F. Vitanza, Plaintiff, v. UPJOHN COMPANY, Defendant. No. Civ.3:95CV2391 (DJS). United States District Court, D. Connecticut. March 31, 1999. Richard A. Silver, Jennifer Cohen Goldstein, Silver, Golub & Teitell, Stamford, CT, for Michele M. Vitanza, Individually & As Executrix of the Esta...
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MEMORANDUM OPINION AND ORDER The Court is in receipt of the recommended disposition of the Magistrate Judge. The Magistrate Judge recommended that the petition for writ of habeas corpus be dismissed for failure to exhaust administrative remedies. Petitioner has filed timely objections. For the reasons stated below, the recommended disposition of the Magistrate Judge is rejected. However, the pe...
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52 F. Supp. 2d 292 (1999) UNION INDEPENDIENTE DE TRABAJADORES DE AEROPUERTOS, Plaintiff, v. CARGO SERVICES, CORP. and Negociado de Conciliacion y Arbitraje del Departamento del Trabajo y Recursos Humanos, Defendants. No. Civ. 98-1224(DRD). United States District Court, D. Puerto Rico. May 24, 1999. *293 Jose E. Carreras-Rovira, Hato Rey, PR, for Plaintiff. Reynaldo A. Quintana-Latorre, Curbelo &a...
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48 F. Supp. 2d 1167 (1999) Keith HARRIS, Plaintiff, v. Kathleen HUSTON, Defendant. No. 97-C-786. United States District Court, E.D. Wisconsin. May 21, 1999. Willie J. Nunnery, Nunnery Law Office, Madison, WI, for plaintiff. Susan E. Lappen, City Attorney's Office, Milwaukee, WI, for defendant. DECISION AND ORDER MYRON L. GORDON, District Judge. This case arises out of Keith Harris' termination, ...
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52 F.Supp.2d 178 (1999) In re CENTENNIAL TECHNOLOGIES LITIGATION. No. Civ.A. 97-10304 REK. United States District Court, D. Massachusetts. May 14, 1999. *179 Glen DeValerio, Norman Berman, Berman, DeValerio & Pease, Boston, MA, David Bershad, Milberg, Weiss, Bershad, Hynes & Lerach, New York City, Jack G. Fruchter, Fruchter & Twersky, New York City, Stanley Bernstein, Bernstein Liebha...
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50 F.Supp.2d 100 (1999) In re SAN JUAN DUPONT PLAZA HOTEL FIRE LITIGATION. No. MDL-721. United States District Court, D. Puerto Rico. May 16, 1999. Monita F. Sterling, PSC Liaison, Plaintiffs' Steering Committee, New Orleans, LA, Peter Berkowitz, San Juan, P.R., Jorge M. Suro-Ballester, Suro Ballester, San Juan, PR, Jorge Ortiz-Brunet, Ortiz-Toro & Ortiz-Brunet, Hato Rey, PR, Francisco M. Tro...
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ORDER This matter is before the court on plaintiffs petition for an award of attorney’s fees. Based on a review of the file, record, and proceedings herein, and for the reasons stated, the' court awards attorney’s fees in the amount of $2,000. BACKGROUND The court has reviewed the procedural background underlying this litigation on numerous occasions. In a decision filed Februar...
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ORDER After reviewing the objections, I adopt the well-reasoned Report and Recommendation Regarding Defendant’s Motion for Summary Judgment (Docket No. 10) dated April 16, 1999, and assume familiarity with that opinion. I add a concern regarding the finding of a willful violation of the Buy America Act, 41 U.S.C. § 10b (West Supp.1998). In his memorandum setting forth the reasons...
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MEMORANDUM AND ORDER Petitioner Shamrock Gamble seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Gamble was convicted after trial by jury in the New York State Supreme Court, Queens County, of Robbery in the First Degree, and was sentenced to an indeterminate prison term of *322 twelve and a half to twenty-five years (Bambrick, J.). Petitioner’s sole contention in this petition i...
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48 F. Supp. 2d 1378 (1999) Alphonse MILLS, Plaintiff, v. TOWN OF DAVIE, a Florida municipal corporation, and Chris Butler, individually, and as a police officer for the Town of Davie, Defendants. No. 98-6561-Civ. United States District Court, S.D. Florida, Fort Lauderdale Division. May 6, 1999. Edward McGee, Jr., McGee Gainey & Huskey, Fort Lauderdale, FL, for plaintiff. Richard Hunt McDuff, ...
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FINAL JUDGMENT THIS CAUSE comes before the Court on the non-jury trial in the above-styled matter, held from April 6, 1999 through April 9, 1999. The Court has heard testimony and reviewed evidence on the issues of liability and relief, and makes the following findings of fact and conclusions of law. I.Findings of Fact 1. The Court has subject matter jurisdiction over the ab...
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ORDER THIS CAUSE is before this Court on the following motions: (1) Defendant Gustavo Gomez Lopez’ (“Gomez Lopez”) Motion to Quash or to Certify Lack of Service of Process; (2) Defendant Gomez Lopez’ Amended Motion to Quash or to Certify Lack of Service of Process; (3) Defendant Gustavo Gomez’ Motion for Sanctions against Plaintiff for Destruction of Evidence; and (4) Plaintiff Banco ...
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48 F. Supp. 2d 1383 (1999) Jack O'ROURKE, Plaintiff, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant. No. 99-934-Civ. United States District Court, S.D. Florida. May 11, 1999. Charles Louis Ruffner, De La Pena & Villanueva, Miami, FL, Martin B. Goldberg, NationsBank Tower, Miami, FL, for plaintiff. John Edward Meagher, Shutts & Bowen, Miami, FL, for defendant. ORDER K. MICHAE...
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MEMORANDUM ORDER This matter is before the Court on Plaintiff United States of America (“USA”) Motion for Summary Judgment (docket no. 28), filed in this Court on December 21, 1998, and on the Motion of Defendant Noel James Skrmetta For Additional Time Within Which To Respond To Plaintiffs Motion For Summary Judgment Due To Pending Settlement Negotiations (est. docket no. 32), filed in this Cou...
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MEMORANDUM AND ORDER Both defendants have filed motions to dismiss pursuant to the Speedy Trial Act, (“STA”), 18 U.S.C. § 3161 et seq. The government has filed an opposition. After hearing, the motions are DENIED. DISCUSSION The Speedy Trial Act requires that a trial “shall commence within seventy days” from the time of indictment or initial appearance, whichever is later. 18 U.S.C. §...
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MEMORANDUM OPINION AND ORDER This automotive products liability case presents significant issues arising under the Supreme Court’s Daubert decision. Because the court concludes that the opinion of plaintiffs principal expert, James Kita, is based wholly on speculation, and not on any adequate scientific basis, the court struck the opinion at the close of plaintiffs case and...
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52 F.Supp.2d 155 (1999) Sharon MENDONCA, Plaintiff, v. IMMIGRATION AND NATURALIZATION SERVICE and Board of Immigration Appeals, Defendants. No. Civ.A. 98-11759-PBS. United States District Court, D. Massachusetts. January 13, 1999. *156 Sharon Hughes Mendonca, Cambridge, MA, for Plaintiff. Anthony W. Norwood, U.S. Department of Justice, Office of Immigration, Litigation, Washington, DC, for Defend...
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MEMORANDUM AND ORDER I presided over the trial here that lasted four days in April 1998. I found that the defendants willfully infringed the plaintiffs’ patent for famotidine in violation of the Hatch-Waxman Act, Yamanouchi Pharmaceutical Co. v. Danbury Pharmacal, Inc., 21 F.Supp.2d 366, 378 (S.D.N.Y.1998), familiarity with which is assumed. I found that this case constitut...
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MEMORANDUM AND ORDER. I. Introduction This case arises out of a protracted employment dispute between plaintiff, William Fenoglio, and co-defendants, Augat, Inc. (“Augat”), and Thomas & Betts Corporation (“T & B”). Fenoglio, the former Chief Executive Officer of Augat, asserts breach of an employment agreement (Count I); wrongful denial of benefits promised in a ch...
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52 F. Supp. 2d 205 (1999) SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Emanuel PINEZ, Defendant, Felix, Inc., and Lehman Brothers, Inc., Relief Defendants, Gilboa Peretz, and P.G. Technologies, Respondents. No. Civ.A. 97-10353-PBS. United States District Court, D. Massachusetts. May 25, 1999. *206 Stuart P. Feldman, Carlos Costa-Rodriques, Linda Bridgeman, Securities and Exchange Commission,...
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MEMORANDUM OPINION AND ORDER Plaintiff Evelyn Tubens (“Tubens”), a former employee of the New York City Police Department (“NYPD”), proceeding pro se, brings the instant action pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq: (“ADA”) and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”). Tu...
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OPINION and ORDER Plaintiff Melvin Wright (“Wright”) brings this complaint pro se pursuant to 42 U.S.C. §.1983 (“Section 1983”). The defendants move to dismiss. For the reasons discussed below the motion is granted in part and denied in part. Background The facts are set forth below as alleged in the complaint, the amended complaint, and the opposition to the motion to dismi...
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45 F. Supp. 2d 986 (1999) UNITED STATES of America, Plaintiff, v. Maria ALVARADO-TORRES, Defendant. No. Crim. 98-3351-R. United States District Court, S.D. California. April 19, 1999. *987 Paul C. Johnson, Jr., Mary Kathryn Kelley, Office of the U.S. Attorney, San Diego, CA, for plaintiff. Mark S. Windsor, Guadalupe M. Valencia, Federal Defenders of San Diego, San Diego, CA, for defendant. AMENDE...
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51 F. Supp. 2d 70 (1999) Ronald D. RUSSO, Plaintiff, v. BAXTER HEALTHCARE CORPORATION, Defendant. No. Civ.A. 94-555L. United States District Court, D. Rhode Island. May 26, 1999. *71 *72 Steven E. Snow, Partridge, Snow & Hahn, Providence, RI, Arthur I. Fixler, Kaplan & Jacobson Inc., Providence, RI, for plaintiff. Edward L. Gnys, Jr., Armstrong, Gibbons & Gnys, LLP, Providence, RI, Jo...
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MEMORANDUM OPINION AND ORDER Jo Ann Roberts brought this action against her former employer, the Board of Education of Hazel Crest School District No. 152 $ [“the Board”], and individual members of the Board for breach of contract, deprivation of due process under 42 U.S.C. § 1983 [§ 1983], and defamation. The defendants brought two amended counterclaims, for recovery of fraudulently obtained publ...
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OPINION Biovail Corporation International (“Bio-vail” or “plaintiff’) filed a five-count complaint with this court on April 27, 1998. This matter comes before the court on a motion to dismiss the complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) filed by defendants Hoechst Ak-tiengesellschaft (“Hoechst AG”), Hoechst Marion Roussel, Inc. (“HMRI”), Hoechst Marion ...
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Before this Court is Defendant’s Motions for Dismissal or Summary Judgment pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6), and 56. This cause came for a hearing on a previous day and oral argument was waived. The Court, having studied the applicable law and the memoranda submitted by the parties is now fully advised of the premises and ready to rule. ORDER AND REASONS ...
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106 F. Supp. 2d 1063 (1999) ELECTRIC LIGHTWAVE, INC., a Delaware corporation, Plaintiff, v. Bill RICHARDSON, Secretary United States Department of Energy, acting by and through Judith Johansen, administrator of the Bonneville Power Administration, Defendant. No. Civ.A. 99-540-HA. United States District Court, D. Oregon. May 18, 1999. *1064 James S. Smith, Davis Wright Tremaine, LLP, Portland, OR,...
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ORDER DENYING PLAINTIFFS’ MOTION TO DISMISS Before the court is “Plaintiffs’ (the “Le Blancs”) Motion to Dismiss Defendant’s Counterclaim for. Condemnation for Lack of Jurisdiction,” filed on March 25, 1999. 1 Defendant Colonial Pipeline Company (“Colonial”) filed a response on March 31, 1999, to which the Le Blancs replied on Apiri 5, 1999. Upon consideration of the partie...
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ORDER This matter is before the court on the motion by National Credit Union (“NCUA”) to dismiss this action. The court conducted a “show cause” hearing on February 25, 1999, in which the NCUA was required to show cause why Bricks Community Federal Credit Union (“Bricks”) should be liquidated. After reviewing the documents of record and considering to the testimony of Alonzo Swann, region...
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*807 MEMORANDUM AND ORDER This is an appeal from a judgment in an adversary proceeding in the United States Bankruptcy Court for the State of Kansas. Three issues are before this court: (1) whether the bankruptcy court erred in *808 concluding certain transfers totaling $655,-000.00 from dot Drug Stores, Inc. (“dot”) to Gaddis were fraudulent; (2) whether the ban...
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51 F.Supp.2d 1176 (1999) Brian D. MILLER, Plaintiff, v. Charles MADDOX, Vernon Jordan, Robert Carlile, Galen Marble, Ron Thornburg, individually and in their official capacities, and The City of Liberal, Kansas, Defendants. No. 97-1549-JTM. United States District Court, D. Kansas. May 28, 1999. *1177 *1178 *1179 MEMORANDUM AND ORDER MARTEN, District Judge. Plaintiff has asserted six causes of ...
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51 F. Supp. 2d 45 (1999) NATIONAL PHARMACIES, INC., Plaintiff, v. Carmen Feliciano DE MELECIO, Secretary Of Health, et al., Defendants. No. Civ. 95-1342(HL). United States District Court, D. Puerto Rico. March 31, 1999. *46 *47 Jay A. Garcia-Gregory, Fiddler, Gonzalez & Rodriguez, San Juan, PR, for National Pharmacies, Inc., plaintiff. Esther Castro-Schmidt, Gaztambide & Plaza, San Juan, ...
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58 F.Supp.2d 1172 (1999) Roger DOWLING, Petitioner, v. Joseph CRABTREE, Warden, Respondent. Civil No. 98-1057-HA. United States District Court, D. Oregon. March 1, 1999. Stephen R. Sady, Federal Public Defender, Portland, OR, for petitioner. Kenneth C. Bauman, U.S. Attorney's Office, Portland, OR, for respondent. OPINION AND ORDER HAGGERTY, District Judge. I. INTRODUCTION The petitioner, Roger ...
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MEMORANDUM OPINION AND ORDER Defendant, First UNUM Life Insurance Company (“First UNUM”), moves for summary judgment pursuant to Rule 56. Plaintiffs, Frank Pirkheim and Roxanne Pirkheim, also move for summary judgment pursuant to Rule 56. The cross-motions, which require construction of an insurance policy, are adequately briefed and oral argument will not materially aid their resolution....
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48 F.Supp.2d 628 (1999) Christina BERGERON v. Paul BERGERON, et al. No. Civ.A. 96-3445-A. United States District Court, M.D. Louisiana. May 28, 1999. Richard Lynn Ducote, Fine & Associates, New Orleans, Louisiana, for plaintiff. G. Allen Walsh, Baton Rouge, LA, for Paul Bergeron, defendent. Lauren J. Davis, Guglielmo, Marks, Schutte, Terhoeve & Love, Baton Rouge, LA, G. Allen Walsh, Baton...
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45 F. Supp. 2d 1164 (1999) WICHITA CLINIC, P.A., and Integrated Healthcare Systems, Inc., Plaintiffs, v. COLUMBIA/HCA HEALTHCARE CORP., and HCA Health Services of Kansas, Inc., Defendants. No. 96-1336-JTM. United States District Court, D. Kansas. March 31, 1999. Order Denying Reconsideration May 11, 1999. *1165 *1166 *1167 Sara E. Welch, Stinson, Mag & Fizzell, P.C., Kansas City, MO, Patrick ...
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MEMORANDUM OPINION AND ORDER Pending are Fed.R.Civ.P. 12(b)(1) and (6) motions to dismiss filed by defendants United States of America (United States), Community Involved Chartered School *1061 (CICS), Jefferson County School District R-l (School District), and Wayne Emmett McKillop (Mr. McKillop). After consideration of the motions, responses, and counsels’ argument, I will ...
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DECISION GRANTING SUMMARY JUDGMENT ON PLAINTIFF’S CLAIM FOR A DECLARATORY JUDGMENT AND ENJOINING DEFENDANT SWCF FROM ADJUDICATING THE DELAY DAMAGES DISPUTE This matter comes before the Court in a somewhat unusual posture. Plaintiff In *286 ternational Fidelity Insurance Company (“IFIC”) has moved by order to show cause for a permanent (not preliminary) injunction preventing D...
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OPINION AND ORDER This case involves a complicated set of transactions among many inter-related companies. All of the documents at issue are governed by British law. The heart of the dispute concerns whether Defendant Providence Capitol Enterprises, Inc. (“PCE”) is discharged from liability under a Guarantee entered into in 1986. I. Facts A. 1986 Transactions English & ...
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MEMORANDUM ORDER AND NOW, this 8th day of February, 1999, after consideration of the motion (doc. no. 64) of defendant, William T. Kring, D.D.S. (“Dr. Kring” or “Kring”), for summary judgment, and the parties’ written submissions, IT IS ORDERED that defendant’s motion shall be and hereby is denied for the following reasons: (1)Plaintiff, Thomas Merchant, sued defendant, Dr. Kring, claimin...
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Before this Court are Motions for Summary Judgment by the Louisiana Sheriffs Automobile Risk Program, various sheriffs, Hunt Insurance Group, Inc., U.S. Risk, Morris Temple & Company, Inc, Mor-Tem Risk Management Services, Inc., Mor-Tem Systems, Inc., Amerisafe, and Southern Underwriters which came for hearing by oral arguments on a previous date. The Court, having reviewed the record, the memoran...
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52 F.Supp.2d 930 (1999) Kenneth P. FAUST, Petitioner, v. Ron ANDERSON, Respondent. No. 3:98-CV-0467 AS. United States District Court, N.D. Indiana, South Bend Division. May 5, 1999. *931 *932 Kenneth P. Faust, Michigan City, IN, pro se. James A Garrard, Indiana Attorney General, Indiana Government Center South, Indianapolis, IN, for respondent. MEMORANDUM AND ORDER ALLEN SHARP, District Judge. P...
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MEMORANDUM AND ORDER Plaintiff, a former employee of the United States Postal Service, commenced this case alleging discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (“Title VII”). Plaintiffs claim of a hostile work environment stems from treatment he allegedly received from co-workers and supervisors based upon the fact that plaintiff is a homosexual...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION Plaintiff, Franklin Pavkov Construction Company (“Pavkov” or “plaintiff’) alleges that defendant Ultra Roof, Inc. (“Ultra Roof’) breached a subcontract entered into between the two companies. Pavkov claims that Ultra Roof, which subcontracted with Pavkov to retrofit á roof at an Army facility in Rotterdam, New York (“Rotter...
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MEMORANDUM The plaintiffs, Ossama Nagy, Sherif M. Saad, Nooshin Soozangar and Shagufla Azad, are four non-United States citizens having Arabic ancestry. In their second amended complaint, they allege that defendant Baltimore Life Insurance Company and one of its affiliated insurance compa *824 nies (together, “Baltimore Life”) discrimi-natorily, in violation of 42 U.S.C. § 19...
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OPINION & ORDER BACKGROUND This opinion emanates from the voluntary settlement of an action commenced by the United States of America against, inter alia, the International Brotherhood of Teamsters (“IBT” or “the union”) and the IBT’s General Executive Board (“GEB”). The settlement is embodied in the voluntary consent order entered March 14, 1989 (“Consent Decree”)...
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AMENDED OPINION I. INTRODUCTION. The plaintiffs in this action, the Joint Stock Society and the Russian American Spirits Company (“RASCO”), have sued the defendants, UDV North America, Inc. and the Pierre Smirnoff Company, for false advertising, false association, and trademark cancellation. According to the plaintiffs, the defendants have violated several provisions of the Lanha...
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51 F.Supp.2d 942 (1999) BIOMET, INC. HEALTH BENEFIT PLAN, Plaintiff, v. Marita BLACK, Kelcey Black, Rochester City Dray, Inc., Gary A. Houser, and Carolina Casualty Company, Defendants. No. 3:98 CV 348 AS. United States District Court, N.D. Indiana, South Bend Division. May 21, 1999. *943 *944 Stephanie A. Smithey, Gary J. Dankert, Ice Miller Donadio and Ryan, Indianapolis, IN, for Biomet Inc. He...
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MEMORANDUM OPINION This matter is before the court on Defendant Norfolk Southern Corporation’s (“Norfolk Southern”) motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. This action arises out of Plaintiff Eugene Horton, Jr.’s claim that he is entitled to a $70,000.00 payment pursuant to a letter agreement which modified the terms of the collective b...
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MEMORANDUM OPINION I. INTRODUCTION This matter is before the Court on appeal from an order of the United States Bankruptcy Court for the Middle District of North Carolina. For the reasons stated herein, and as a result of a de novo review, the decision of the Bankruptcy Court is affirmed to the extent that it is consistent, and reversed to the extent it is inconsistent...
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OPINION Plaintiffs AT & T Corp., Tele-Communi-cations Inc. (TCI), TCI Cablevision of Oregon, Inc., and TCI of Southern Washington, bring this action for declaratory relief against defendants City of Portland and Multnomah County, and intervenor-defen-dants U S West Interprise America, Inc., GTE Internetworking Inc., Oregon Internet Service Provider Association, and OGC Telecomm...
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RULING ON MOTION FOR SUMMARY JUDGMENT OF DEFENDANT TEXAS INSTRUMENTS, INC. INTRODUCTION Plaintiff Cipriano Pinto, Sr. (“Pinto”) brings this action against, inter alios, Texas Instruments, Inc. (“TII”). The action is brought pursuant to the Connecticut Products Liability Act, Conn.Gen.Stat. Sections 52-572m et seq. Pinto alleges that he was harmed by exposure to beryllium a...
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RULING ON PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT Plaintiffs have filed the instant action to recover payment from the defendants for work completed in the construction of an apartment building for elderly housing. Defendant, Mountain Valley Place, Inc. (“Mountain Valley”), has asserted a counterclaim alleging damages due to incomplete punch list items. Plaintiffs move fo...
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51 F.Supp.2d 135 (1999) Donna LESON, Plaintiff, v. ARI OF CONNECTICUT, INC., Defendant. No. 3:97CV02533 (WWE). United States District Court, D. Connecticut. April 30, 1999. *136 *137 Stephen P. Horner, Stephen P. Horner & Assoc., Norwalk, CT, for plaintiff. Michael J. Soltis, Francis P. Alvarez, Maureen Ann Bresnan, Jackson, Lewis, Schnitzler & Krupman, Stamford, CT, for defendant. RULIN...
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MEMORANDUM AND ORDER Pending before this Court is the pro se petition of Pablo Flores under 28 U.S.C. § 2254 for a writ of habeas corpus (Docket No. 1). The petition was filed on July 1, 1996 and the respondent filed a motion to dismiss on March 10, 1997. On September 24, 1997 this Court accepted and adopted the Report and Recommendation of Magistrate Judge Swartwood to deny th...
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51 F.Supp.2d 144 (1999) Alfred J. YUREVICH, Plaintiff, v. SIKORSKY AIRCRAFT DIVISION, United Technologies Corporation, Defendant. No. 3:97CV01831 (WWE). United States District Court, D. Connecticut. May 4, 1999. *145 *146 *147 George R. Ciampa, Francis A. Miniter, Miniter & Associates, Hartford, CT, for plaintiff. Henry A. Platt, Gary L. Lieber, Anessa Abrams, Schmeltzer, Aptaker & Shepar...
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47 F. Supp. 2d 1219 (1999) Roberto MERCADO-AMADOR, Petitioner/Plaintiff, v. Janet RENO, Attorney General of the United States, Doris Meissner, Commissioner, Immigration and Naturalization Service, Department of Justice and David V. Beebe, District Director, Immigration and Naturalization Service, Portland, Oregon, Respondents/Defendants. Civ No. 98-1593-RE. United States District Court, D. Oregon...
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ORDER Plaintiff Sandra L. Murray and the other named and putative plaintiffs in the above-entitled class action seek legal and equitable remedies against Defendants John D. Archbold Memorial Hospital, Inc. and its hospital affiliates for violating their civil rights by denying them employment because of their weight. The gravamen of Plaintiffs’ complaint is that Defendants enforced a ...
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OPINION No undertaking is less rewarding for a Court than the imposition of sanctions on an errant attorney. Such is the predicament Lawrence A. Hoffman, of the firm of Olshan, Grundman, Frome & Rosenzweig places this Court in. By all accounts an upstanding member of the bar of the District of Columbia, Maryland and New York (along with their respective federal courts), he was admitted pro hac ...
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51 F.Supp.2d 583 (1999) Barbara German KOSIEROWSKI, Plaintiff, v. ALLSTATE INSURANCE CO., Defendant. No. Civ.A. 98-5221. United States District Court, E.D. Pennsylvania. June 4, 1999. *584 *585 *586 Eric L. Keepers, Joseph F. Roda, Roda and Nast, P.C., Lancaster, PA, for plaintiff. Marshall J. Walthew, Eric M. Schweiker, Dechert, Price & Rhoads, Philadelphia, PA, for defendant. MEMORANDUM &a...
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51 F. Supp. 2d 570 (1999) SYNYGY, INC., Plaintiff, v. SCOTT-LEVIN, INC. and Leonard Vicciardo, Defendants. No. Civ.A. 97-CV-6109. United States District Court, E.D. Pennsylvania. June 4, 1999. *571 *572 Richard M. Beck, Cynthia A. Clark, Morton Blanzburg, Abbe F. Fletman, Susan M. Dean, Klehr, Harrison, Harvey, Blanzsburg & Ellers, Philadelphia, PA, for plaintiff. Larry M. Keller, Gary Green,...
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MEMORANDUM AND ORDER This matter is before the Court on defendant’s motion to dismiss and plaintiffs cross motion for summary judgment. BACKGROUND SunRise Healthcare Corporation, d/b/a SunRise Care and Rehabilitation for University (SunRise) operates a 122 bed nursing facility in Edwardsville, Illinois. SunRise Healthcare Corporation operates approximately 420 nursing ho...
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MEMORANDUM OPINION This is an Internet 1 libel case. Plaintiff, a Virginia resident, alleges that defen *695 dants, Texas and New Mexico residents, defamed him in Virginia and elsewhere by posting libelous messages from Texas and New Mexico on an Internet newsgroup. At issue is whether there is personal jurisdiction over defendants in Virginia. For the reasons that...
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MEMORANDUM OPINION Before me now are two motions for summary judgment by the defendant GC Services Limited Partnership (“GC Services”). The defendant seeks summary judgment on two of plaintiffs claims brought under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”): (1) that the collection letter sent by the defendant to plaintiff Talbott violated 15...
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54 F. Supp. 2d 629 (1999) John McGLOTHLIN, Plaintiff, v. Edward MURRAY, et al., Defendants. No. Civ.A. 93-0981-R. United States District Court, W.D. Virginia, Roanoke Division. April 30, 1999. *630 John Patton McGlothlin, Bland, VA, pro se. Pamela Anne Sargent, Office of the Attorney General, Richmond, VA, for Edward Murray, Various John Does, Various Jane Does, Ron Angelone, Warden Thompson, Ass...
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50 F.Supp.2d 662 (1999) In re CREDIT ACCEPTANCE CORPORATION SECURITIES LITIGATION. No. 98-70417. United States District Court, E.D. Michigan, Southern Division. April 23, 1999. *663 *664 *665 Gerald Mantese, Troy, Starley Bernstein, NY, for Plaintiffs. Andrew McGinness, Ann Arbor, Timothy Nelson, Chicago, IL, for Defendants. OPINION & ORDER STRIKING AFFIDAVIT AND GRANTING DEFENDANTS' MOTION ...
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49 F. Supp. 2d 1011 (1999) THE SOCIETY OF ST. VINCENT DE PAUL IN THE ARCHDIOCESE OF DETROIT, Plaintiff, v. MT. HAWLEY INSURANCE COMPANY, Defendant. No. 98-71598. United States District Court, E.D. Michigan, Southern Division. May 6, 1999. *1012 James Klemanski, Troy, MI, for Plaintiffs. Paul Hines, Southfield, MI, for Defendants. MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL...
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ORDER For the reasons stated in the accompanying Memorandum Opinion, it is hereby ADJUDGED AND ORDERED that: (1)The Magistrate Judge’s Report and Recommendation will be adopted in so far as it recommends summary judgment in favor of plaintiff. (2) Defendant’s objections to the Report and Recommendation are DENIED. (3) Defendant’s motion for summary judgment sh...
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AMENDED MEMORANDUM, ORDER AND JUDGMENT *807 [[Image here]] I. INTRODUCTION. 00 O 00 II. FACTS . A. Stephen Fox . B. Njuzi Ray. C. Roberto Robles. D. Leroy Sabb . E. Damon Slade. F. Kei Sunada. G. Marvin Zaretsky. C0 00 05 05 0Q050 OOOOOOOt-H COOOCOCOOOOOOOCO III. PROCEDURAL HISTORY. A. Pre-Trial Proceedings. B. Claims of Parties and Jury Instructions. ...
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MEMORANDUM OPINION AND ORDER Defendants Keith Cooper, Paul Lee, Christopher Marry, Jeffrey Patch, William Schriever, Nicholas Lamb and Christopher Campos (“state defendants”), and defendants Chuck James and Air Design Systems, Inc. (ADS), have each moved to dismiss Plaintiff Eutes White’s second amended complaint. For the reasons set forth below, the court denies both motions. FACTS ...
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51 F.Supp.2d 542 (1999) SNA, INC. and Silva Enterprises Limited, Plaintiffs, v. Paul ARRAY and Horizon Unlimited, Defendants. Richard F. Silva and SNA, Inc., Plaintiffs, v. Douglas Karlsen, a/k/a Douglas Jaworski t/a Turbine Design, Inc., Defendant. Nos. Civ.A. 97-7158, Civ.A. 97-3793. United States District Court, E.D. Pennsylvania. May 28, 1999. *543 *544 *545 Terry Elizabeth Silva, Philadelphi...
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MEMORANDUM OPINION AND ORDER A grand jury indicted Tiburcio Valenzuela and his co-defendant, Hugo Corral, for possession with the intent to distribute approximately six kilograms of cocaine. Immediately after Valenzuela and Corral were arrested, Corral gave a statement to Drug Enforcement Agent Steve McGuigan and, after posting bond, absconded. Valenzuela asks this Court to preclude the gover...
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41 F.Supp.2d 38 (1999) UNITED STATES of America, v. Duverny MEDINA, Defendant. No. CRIM. 98-CR-10041-NG. United States District Court, D. Massachusetts. January 13, 1999. *39 William H. Keefe, Jamaica Plain, MA, for Defendant. Kevin McGrath, Asst. U.S. Atty., United States Atty's Office, Boston, Ma, for U.S. MEMORANDUM AND ORDER GERTNER, District Judge. Defendant Duverney Medina ("Medina") moves...
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54 F. Supp. 2d 976 (1999) COMMUNITY ASSOCIATION FOR RESTORATION OF THE ENVIRONMENT (CARE), a Washington nonprofit corporation, Plaintiff, v. SID KOOPMAN DAIRY, et al., Defendants. Community Association for Restoration of the Environment (CARE), Plaintiff, v. Henry Bosma Dairy, et al., Defendants. Community Association for Restoration of the Environment (CARE), Plaintiff, v. DeRuyter Brothers Dair...
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51 F.Supp.2d 164 (1999) Dennis PHILBRICK v. UNIVERSITY OF CONNECTICUT. No. 3;98CV1706(AHN). United States District Court, D. Connecticut. May 24, 1999. *165 Joseph D. Farrell, Marlborough, CT, for plaintiff. Paul Mark Shapiro, Storrs, CT, Paul S. McCarthy, Attorney General's Office, University of Connecticut, Storrs, CT, for defendant. RULING ON MOTION FOR RECONSIDERATION AND MOTION TO AMEND THE...
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ORDER Plaintiff, Dorothy J. Smith, filed a Complaint in this Court on June 10, 1998, seeking review of the Commissioner’s decision to deny her claim for Social Security benefits under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. This Court may review a final decision by the Commissioner. 42 U.S.C. § 405(g). For the reasons set out herein, the decision of the C...
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51 F.Supp.2d 1173 (1999) Michael R. FAGAN, Petitioner, v. KANSAS PAROLE BOARD, et al., Respondents. No. 98-3410-DES. United States District Court, D. Kansas. May 27, 1999. *1174 Michael R Fagan, Wichita, KS, Pro se. MEMORANDUM AND ORDER SAFFELS, District Judge. This matter is before the court on a petition for writ of habeas corpus under 28 U.S.C. § 2254. Petitioner states he is currently on par...
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ORDER Presently before this Court is Plaintiffs Bedroc Limited, L.L.C.’s (“Bedroc”) and Earl Williams’ (“Williams”) Motion for Summary Judgment (Doc. # 16), filed on February 1, 1999. In connection with this initial submission, Bedroc and Williams have also provided: (1) a Notice of Filing Facsimile Declaration (Doc. # 17) (filed on February 1, 1999); (2) a Notice of Filing Unsigned D...
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RULING ON MOTION FOR SUMMARY JUDGMENT The plaintiff, Samuel Martinez (“Martinez”), brings this action against the defendant, United Technologies Corporation, Pratt & Whitney Aircraft Division (“Pratt & Whitney”), pursuant to Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 42 U.S.C. §§ 2000e to 2000e-17 (“Title VII”), alleging a discrim...
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MEMORANDUM AND ORDER This matter is before the court on the plaintiffs Motion for Attorney Fees Pursuant to the Equal Access to Justice Act (Doc.17). I. BACKGROUND Plaintiff filed this action on July 29, 1998, after receiving a final decision from the Social Security Administration denying his claim for disability benefits. Defendant filed its motion to remand the case on February 25, 199...
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MEMORANDUM AND ORDER This matter is before the court on the defendant’s Motion to Reconsider Rulings Made in Chambers with Regard to Sentencing Issues (Doc. 117). I. BACKGROUND The defendant pled guilty to one count of possession with intent to distribute marijuana on November 3, 1998. 1 Defendant was sentenced to a period of incarceration of 41 months pursuant to the safety valve provi...
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MEMORANDUM OF DECISION AND ORDER Plaintiff Pamela Bergeron filed a six-count Complaint against Defendants, United States Postmaster, the Maine Merged Branch 92, National Association of Letter Carriers (“the Union”), and Paul Robinson and Tom Ostrowski in their individual capacities (Docket No. 1). In Count III, Plaintiff alleges that the Union sexually harassed and discriminated against h...
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ORDER In this civil rights case, Plaintiff, David McNally, alleges that when Defendant, Prison Health Services, allegedly refused to administer his HIV medication, Defendant exhibited deliberate indifference to Plaintiffs serious medical needs, depriving *148 him of his constitutional rights in violation of 42 U.S.C. § 1983 and discriminating against him on the basis of his HIV status in viol...
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MEMORANDUM Plaintiff Carl J. Cini (“Cini”) initially filed suit in the Court of Common Pleas of Philadelphia County against the Paul Revere Insurance Company (“Paul Revere”) alleging that Paul Revere wrongfully denied his claim for residual long term disability benefits under a group disability insurance policy. Paul Revere removed the action to this Court pursuant to federal question...
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51 F. Supp. 2d 158 (1999) Daniel B.C. GARDINER, Plaintiff, v. TOWN OF FAIRFIELD; Fairfield Board of Fire Commissioners; Joan Rasmussen, Individually and in her capacity as a member of the Board of Fire Commissioners; Michael Dowling, Individually and in his capacity as a member of the Board of Fire Commissioners; George A. Tatangelo, Individually and in his capacity as a member of the Board of Fi...
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MEMORANDUM OF DECISION AND ORDER This is a subrogation action brought by Plaintiff, Fireman’s Fund Insurance Co., against Defendant, Maurice F. Childs, Jr., to recover $200,000 dollars that it paid to Berkeley Hotels Management, Inc. (“Berkeley”) plus punitive damages for property damage to the Portland Jetport Hotel (“the Jetport Hotel”) incurred during a storm because of Defendant’s all...
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MEMORANDUM OF DECISION AND ORDER This is an action by a workers’ compensation insurer to recover premiums allegedly owed by Commercial Welding, Inc, and/or CWCO, Inc. with respect to policies issued in 1993. The case was commenced in Cumberland County Superior Court by Plaintiff, Maine Employers Mutual Insurance Co. (“MEMIC”) on January 21, 1998, against Commercial Welding, Inc., CWCO, Inc., C. C...
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MEMORANDUM OF DECISION AND ORDER This action arises out of a dispute related to Disability Income Policy No. D167305 issued by New England Mutual Life Insurance Company and The New England (collectively “New England”) to Plaintiff Michael K. Weaver. Plaintiff seeks relief for breach of contract (Count I), declaratory judgment (Count II), unfair claims practices (Count III), fraud (Count I...
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52 F. Supp. 2d 976 (1999) Nick SCHIMPF, Helen Schimpf, Frank Schimpf, Bonnie Schimpf, and S & R Egg Farm, Inc., Plaintiffs, v. GERALD, INC. and Charles F. Marino, Administrator of The Estate of Edward F. Keiser, Defendants. No. 97-C-545. United States District Court, E.D. Wisconsin. May 14, 1999. *977 *978 *979 *980 James Culhane, Milwaukee, WI, for plaintiffs. Janice Rhodes, Milwaukee, WI, P...
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DISCOVERY RULING Pending before the court for determination in this personal-injury diversity action is a Motion for Contempt filed by Colonial Penn Insurance Company (“Colonial Penn”),1 which seeks compliance with a medical rec*397ords subpoena which Colonial Penn served on January 15,1999 on The Louisiana Clinic, a medical facility and non-party to this action, and further seeks court ordered sa...
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47 F.Supp.2d 1308 (1999) Harry J. FREEMAN, Plaintiff, v. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY as successor to the Atchison, Topeka & Santa Fe Railway Company, Defendant. No. 97-4042-DES. United States District Court, D. Kansas. May 28, 1999. *1309 Alan V. Johnson, Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, KS, for Harry James Freeman, plaintiff. Harry James Freeman, Top...
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54 F.Supp.2d 611 (1999) Michael LEWIS, Plaintiff, v. Archna GUPTA et al., Defendants. Civ. A. No. 1:98CV1269. United States District Court, E.D. Virginia, Alexandria Division. June 3, 1999. *612 *613 William M. Stanley, Davis & Stanley, LLC, Fairfax, VA, for plaintiff. Nina J. Ginsberg, DiMuro, Ginsberg & Lieberman, PC, Alexandria, VA, for defendants. MEMORANDUM OPINION ELLIS, District J...
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51 F.Supp.2d 718 (1999) Brandi GAYNOR., Plaintiff, v. OB/GYN SPECIALISTS, LTD., et al., Defendants. No. Civ.A. 98-0023-H. United States District Court, W.D. Virginia, Harrisonburg Division. May 28, 1999. *719 James A. Ferguson, Barry J. Nace, Scott C. Speier, Paulson & Nace, Washington, DC, Richard L. Douglas, Douglas & Jenkins, Martinsburg, WV, for Brandi Gaynor, plaintiff. Cynthia L. Sa...
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MEMORANDUM OF DECISION AND ORDER In all stages of litigation, it is a Judge’s duty to see that there is not a miscarriage of justice. In terms of whether a jury award of damages should be reduced, the Court is mindful that the critical issue is not whether the Court would have *238 reached the same conclusion as a jury of women and men who listened to the evidence presented at the trial. Rath...
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51 F.Supp.2d 1257 (1999) Bradley BARBER, Plaintiff, v. Polly CONRADI, et al., Defendants. No. CV 95-BU-1229-S. United States District Court, N.D. Alabama, Southern Division. May 26, 1999. *1258 Bradley Barber, Gardendale, AL, pro se. Patricia A Duchock, Birmingham, AL, pro se. Stephen B Duchock, Birmingham, AL, pro se. Bill Pryor, Courtney W. Tarver, Office of the Attorney General, Montgomery, AL...
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MEMORANDUM OF DECISION AND ORDER Michael Desantis (“Desantis” or the “plaintiff’) initiated this action against Roz-Ber, Inc., T/A New Jersey Creditor Collection Agency (the “defendant”) on August 13, 1998 by filing a complaint alleging one cause of action under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Presently before the Court are: (1) ...
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MEMORANDUM AND ORDER By petition dated June 2, 1997, Anthony Goines (“Goines”) seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated below, the petition is dismissed, without prejudice. BACKGROUND Petitioner was charged with one count of Criminal Sale of a Controlled Substance in the Third Degree (“Sale, Third Degree”), one count of Criminal Possession of a ...
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MEMORANDUM — DECISION & ORDER The State of New York brings this citizen suit pursuant to the Clean Air Act of 1990 (the “Act”), 42 U.S.C. § 7604, as amended, against defendants, the Environmental Protection Agency and its Administrator, seeking to compel them to perform their nondiscretionary duties under 42 U.S.C. § 7651 note, Clean Air Act Amendments (“CAAA”), 1990 Pub.L. 101-549, § 404...
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MEMORANDUM AND ORDER This is a civil rights case brought by an individual who was arrested by Nassau County Police Officers and thereafter spent a night in the Nassau County Correctional Center (“NCCC”). Plaintiff states that he was the victim of the use of excessive force and that he was subject to an unconstitutional strip search. 1 The ex *565 cessive force issue is presently pending b...
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MEMORANDUM OPINION AND ORDER This case is before the Court on direct appeal from the Bankruptcy Court. Since at least 1984, Appellant/Defendant ISP Technologies, Inc. (“ISP”) sold chemical products to Debtor DeMert & Dougherty, Inc. (“DeMert & Dougherty”) for incorporation into chemical-based consumer products, including hair care products. In January 1996, DeMert & Dougherty filed a ...
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DECISION AND ORDER Plaintiff, Brenda D. Gumbs, commenced this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”). Gumbs alleges that defendants discriminated against her on account of her race and sex in certain matters pertaining to her employment. Defendants have moved for summary judgment. For the reasons that follow, defendan...
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ORDER In this diversity action, Plaintiff alleges that Defendants fraudulently schemed to import steel products into the United States without paying anti-dumping 1 and countervailing 2 duties that the United States Customs Service (“U.S. Customs” or “Customs”) levied upon the steel. Presently before this Court are the Duferco Defendants’, Defendant Fink’s, and D...
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ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS On three issues not yet decided by the Ninth Circuit, the Court holds California’s False Claims Act does not protect federal whistleblowers, the intracorporate conspiracy doctrine applies to a 42 U.S.C. § 1985 conspiracy claim, and a state wrongful employment retaliation claim is preempted by the Federal False Claims Act. I. BACKGROU...
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51 F. Supp. 2d 1232 (1999) William J. WYNN, ex relator, State of ALABAMA, Plaintiff, v. PHILIP MORRIS INC., et al., Defendants. No. CV-98-BU-1597-S United States District Court, N.D. Alabama, Southern Division. April 28, 1999 *1233 William J. Wynn, Circuit Court Judge, State of Alabama 10th Judicial Circuit, Jefferson County Courthouse, Birmingham, AL, pro se. Charles M. Thompson, Johnson P. Will...
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OPINION This case presents the novel and unsettled question of what legal standard a District Court must apply under 18 U.S.C. § 4244 1 to determine whether a convicted person is competent to be sentenced. For the reasons set forth below, I hold that the Due Process Clause of the Fifth Amendment requires that a District Court apply the same legal standard in determining whether...
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OPINION This matter is before the court on plaintiff Loetta Cannon’s motion for class certification of Count One and Count Two of her Complaint against defendant, Cherry Hill Toyota, pursuant to Federal Rule of Civil Procedure 23. Cannon proposes to represent a class consisting of “all consumers who purchased since July 1991 a service contract or extended warranty from Cherry Hill Toyota in conne...
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ORDER This is an employment discrimination case in which plaintiff seeks relief under Title VII and Ohio law. This court has jurisdiction pursuant to 28 U.S.C. §§ 1343 and 1367. Pending are defendant’s motion for summary judgment (Doc. 18) and plaintiffs motion for partial summary judgment (Doc. 12). For the reasons that follow, defendant’s motion for summary judgment shall be granted as to pla...
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OPINION AND ORDER Satellite Receivers, Ltd. (SRL) is a Wisconsin corporation with its principal place of business in Green Bay, Wisconsin. SRL is engaged in the business of selling, among other products, satellite dishes, programming and related products, both directly and through its dealers. Household Bank (Nevada) N.A. (Household) is a federally chartered national bank with its principal p...
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MEMORANDUM AND ORDER This matter comes before the court on review of Magistrate Judge Walter’s Report and Recommendation (Doc. 14) on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Petitioner has filed objections to the Report and Recommendation. For the following reasons, the court accepts and adopts the findings and conclusions of the Report and Recommendation. ...
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MEMORANDUM AND ORDER This matter is before the court on defendant Shell Oil Company’s Motion for Summary Judgment (Doc. 330), defendant Shell Oil Company’s Motion in Limine to Exclude Testimony by Plaintiffs’ Expert Witnesses Pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc. (Doc. 343), defendant Feed Specialties Co., Inc.’s Motion for Summary Judgment (Doc. 335), defendant Feed Spec...
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MEMORANDUM AND ORDER This matter comes before the court on review of Magistrate Judge Walter’s Report and Recommendation (Doc. 25) on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Petitioner has filed objections to the Report and Recommendation. For the following reasons, the court accepts and adopts the findings and conclusions of the Report and Recommendation. I. ...
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51 F. Supp. 2d 103 (1999) Linda A. CORSINI and Alan Cantara, on behalf of themselves and all persons similarly situated, v. UNITED HEALTHCARE CORPORATION, a Minnesota for-profit corporation, and its affiliate, United Health Plans of New England, Inc., a Rhode Island health maintenance organization, and XYZ Corporations 1-10. No. Civ.A. 96-0608-T. United States District Court, D. Rhode Island. Jun...
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MEMORANDUM OPINION AND ORDER Plaintiff, Michael Flannery, moves for partial summary judgment pursuant to Rule 56. Defendant Allstate Insurance Company (“Allstate”) moves for determination of questions of law, which I deem a cross-motion for partial summary judgment pursuant to Rule 56. The motions are adequately briefed and the parties presented oral argument on April 30, 1999. For the re...
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54 F.Supp.2d 1038 (1999) Donald Eugene HUNT, Petitioner, v. Michael DAILY, Sheriff, Respondent. No. 96-3380-DES. United States District Court, D. Kansas. May 21, 1999. *1039 Donald Eugene Hunt, Larned, KS, pro se. Jared S. Maag, Office of Attorney General, Topeka, KS, for Michael Daily, Attorney General of Kansas, respondents. MEMORANDUM AND ORDER SAFFELS, Senior District Judge. This is a petiti...
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MEMORANDUM AND ORDER Plaintiff Fred Cantor is the editor 1 of a 1982 book entitled,. “The Graduates: They Came Out of New York’s Public Schools” (the “Book”). The Book lists famous people who graduated from New York City public schools, along with their individual yearbook photographs or group yearbook photographs. Plaintiff alleges that defendants, the New York Post and Po...
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OPINION AND ORDER Currently before the Court is the New York City Environmental Justice Alliance’s motion for a preliminary injunction restraining the City from selling or destroying prior to the determination of this action approximately 1, 100 City-owned parcels comprising approximately 600 community gardens. 1 In order to be entitled to a preliminary injunction, a party must demonstrat...
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MEMORANDUM DECISION Petitioner Candelario Vasquez petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his March 22, 1993 conviction on twelve counts of robbery in the first degree, six counts of rape in the first degree, four counts of burglary in the first degree, two counts of sexual abuse in the first degree, *210 one count of sodomy in the first ...
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MEMORANDUM OPINION This matter is before the Court on Defendants’ motion to dismiss. For the following reasons, Defendants’ motion to dismiss for lack of personal jurisdiction over the Defendants with respect to the patent claims is granted. This Court has jurisdiction over the remaining claims pursuant to 28 U.S.C. § 1332. BACKGROUND Plaintiff Glasstech, Inc. (“Glasstech”) ...
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MEMORANDUM Having obtained the agreement of the Internal Revenue Service to abate an assessment of $150,000, including interest and penalties, dating from an alleged underpayment on her 1980 tax return, plaintiff requests $40,912.50 in attorney fees and costs as the “prevailing party” pursuant to § 7430 of the Internal Revenue Code. 26 U.S.C. § 7430. The government tacitly concedes that plain...
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ORDER DENYING MOTIONS TO RECONSIDER ALLOCATION OF ATTORNEYS’ FEES 1 I. Introduction On November 23, 1998, 2 the Court issued an Amended Order adopting Lead Counsel’s allocation of Attorneys’ fees. Soon thereafter, some members of class counsel motioned the Court to reconsider its Order pursuant to Federal Rule of Civil Procedure 60(a) and 60(b). Specifically...
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44 F.Supp.2d 313 (1999) GTE NEW MEDIA SERVICES INCORPORATED, Plaintiff, v. AMERITECH CORPORATION, et al., Defendants. Civil Action No. 97-2314(RMU). United States District Court, District of Columbia. March 29, 1999. *314 Alan Wiseman, Thomas Isaacson, Kenneth Brothers, Kelly Clement, Erik Bertin, Amy Fitzpatrick, Howrey & Simon, Washington, D.C., for GTE New Media Services Incorporated. Andr...
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51 F.Supp.2d 642 (1999) AMERADA HESS CORPORATION and Hess Oil Virgin Islands Corporation, Plaintiff, v. ZURICH INSURANCE COMPANY, Defendants. No. Civ. 1997-0035. District Court, Virgin Islands, D. St. Croix. May 17, 1999. *643 *644 Henry C. Smock, St. Thomas, VI and John B. Wyss, Wiley, Rein & Fielding, Washington, D.C., for defendant. Robert H. Shulman, Mindy G. Davis, Howrey & Simon, Wa...
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ORDER AND MEMORANDUM OF DECISION Plaintiff Kelli Shannon (“Plaintiff’) alleges that Defendants Houlton Band of Maliseet Indians (“the Band”) and Clair Sabattis (“Sabattis”), former tribal chief of the Band, terminated her for having opposed unlawful practices they engaged in with respect to another employee. Plaintiff contends that in so doing, the Band violated 42 U.S.C. § 1983 (Count I)...
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MEMORANDUM DECISION AND ORDER Plaintiffs William Scrivener and his wife Alyce Scrivener sue the defendant Sky’s the Limit (“STL”) for negligence and, inter alia, loss of companionship due to injuries William Scrivener incurred while parachuting at STL. STL moves pursuant to Fed.R.Civ.P.Rule 56 for summary judgment. For the reasons stated below, the motion is granted. BACKGROUND The follow...
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OPINION AND ORDER Defendants Galo R. Velastegui and GMJ Travel and Shipping Corp. (“GMJ”) move to dismiss the indictment filed against them on September 2, 1998. They are charged with two counts of illegal money transmitting in violation of 18 U.S.C. §§ 1960 and 2 and one count of structuring of currency transactions in violation of 31 U.S.C. § 5324(a). 1 Defendants first...
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OPINION AND ORDER This case involves a creditor dispute over the business assets and winding-up of Defendant Schwartz Homes, Inc. Defendant Schwartz Homes is an Ohio corporation that sells manufactured homes. Plaintiff Deutsche Financial Services Corporation is a *544Nevada corporation, and is one of two floor planners for Defendant Schwartz Homes’ inventory. Before the Court are motions by Belmo...
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ORDER DENYING MOTION TO TRANSFER Now before the Court is Defendant’s Motion to Transfer Venue to the Houston Division of the Southern District of Texas. *649 For the reasons stated below, Defendant’s Motion to Transfer is hereby DENIED. Defendant appears to contend that the general venue statute, 28 U.S.C. § 1391, requires that this case be transferred from the Galveston Division to the H...
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OPINION AND ORDER Plaintiff Paul Foray (“Foray”) alleges that an employee benefits policy designed to provide certain employees in same-sex relationships with coverage equivalent to that enjoyed by married employees is, notwithstanding its good intentions, actually unlawful discrimination against him on the basis of sex. Defendant NYNEX 1 moves pursuant to Rule 12(b)(6) of the ...
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ORDER GRANTING MOTION FOR SUMMARY JUDGMENT Plaintiff Darryl Smith brings claims against his former employer, United Parcel Service of Ohio, Inc. (“UPS”). Smith alleges that he was discriminated against and retaliated against in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12213. Now before the Court is Defendant’s Motion for Summary Judgment, filed Apri...
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ORDER DENYING DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM This case arises from the suicide of teenager Justin Wayne Smith, who hanged himself while in custody at Delta 3 Boot Camp, a juvenile detention center operated by Harris County. Plaintiffs, the parents of the deceased juvenile, filed this action asserting claims under 42 U.S.C. § 1983 and the Texas Tort Claims A...
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MEMORANDUM OPINION Edward M. Hendrick filed this action against his former employer, Brown & Root, Inc., seeking damages for the company’s unlawful use of Hendrick’s name. Brown & Root has moved to dismiss the action or to stay it and compel arbitration of the claims which it presents. Although the title of the motion includes dismissal as a requested remedy, the motion address...
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*817 MEMORANDUM OPINION AND ORDER Ree Clay and Ruby Chivers (collectively “Plaintiffs”) instituted this action under the Truth In Lending Act (“TILA”), 15 U.S.C. § 1601 et seq. (1998), against Iver R. Johnson and Marvin Bilfeld, d/b/a Davenport Construction Co. (collectively “Defendants”), alleging violations of TILA and seeking rescission of their 1995 home improv...
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OPINION AND ORDER I. Introduction and Background The Court has before it Defendants’ Joint Defense Motion to Dismiss Due to Plaintiffs’ Failure to Plead With Particularity (docket No. 38) and Plaintiffs’ Opposition to “Joint Defense Motion to Dismiss” (docket No. 42). Plaintiffs Francisco Luis Rivera, Gloria Alcocer de Rivera and their conjugal partnership (“Plaintiffs”) filed th...
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51 F. Supp. 2d 1 (1999) In re NUMBER NINE VISUAL TECHNOLOGY CORP. SECURITIES LITIGATION. No. CIV. A. 96-11207-WGY. United States District Court, D. Massachusetts. June 1, 1999. *2 *3 *4 Thomas R. Murtagh, John Sylvia, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Boston, for John J. Foley, Consolidated Plaintiffs. Thomas R. Murtagh, John Sylvia, Mintz, Levin, Cohn, Ferris, Glovsky & ...
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MEMORANDUM OPINION AND ORDER Currently pending in this action are plaintiffs’ motion for remand (Doc. 8), and the Report and Recommendation recommending that the motion for remand be granted (Doc. 23). In this Memorandum Opinion, the court sets forth its reasons for rejecting the Report and Recommendation *1313 of the Magistrate Judge, and for denying the plaintiffs’ motion. ...
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MEMORANDUM AND ORDER This cause is before the Court on Defendant Jewel Food Stores, Inc.’s Fed. R.Civ.P. 12(b)(6) Motion to Dismiss the Plaintiffs’ Second Claim for Relief. The Court has considered all relevant materials submitted by the parties and now rules as follows. JURISDICTION This cause of action arises under the Solid Waste Disposal Act, § 7003, as amended, 42 U.S.C.A. § 6973, the Res...
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MEMORANDUM AND ORDER This cause is before the Court on an appeal and cross-appeal of the Bankruptcy Court’s Order of Non-dischargeability pursuant to 11 U.S.C. § 523(a)(6). JURISDICTION Jurisdiction is premised on 28 U.S.C. § 158(a) as the underlying action is an appeal of a Bankruptcy Court’s final order. PROCEDURAL HISTORY On November 28, 1995, Debtor-App...
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ORDER 1 Now before the Court is Plaintiffs appeal of a decision by the Commissioner of the Social Security Administration (“Commissioner”) denying him disability insurance benefits under Title II of the Social Security Act and supplemental security income benefits under Title XVI of the Act. The Administrative Law Judge (“ALJ”), R.J. Payne, denied benefits at step five of the sequential evalu...
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51 F. Supp. 2d 554 (1999) SNA, INC. and Silva Enterprises Limited, Plaintiffs, v. Paul ARRAY and Horizon Unlimited, Defendants. Richard F. Silva and SNA, Inc., Plaintiffs, v. Douglas Karlsen, a/k/a Douglas Jaworski t/a Turbine Design, Inc., Defendant. Civil Action Nos. 97-7158, 97-3793. United States District Court, E.D. Pennsylvania. June 9, 1999. *555 *556 *557 *558 Terry Elizabeth Silva, Phila...
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ORDER The Court has before it Defendant Maizo-ro S.A. de C.V.’s (“Maizoro”) Informative Motion Regarding Initial Scheduling Conference Order (docket No. 25) and Plaintiff Freiría Trading Corporation Inc.’s (“Frei-ría”) Response to Defendant’s “Informative Motion” (docket No. 26). Defendant’s motion states that Plaintiff has failed to do the following, which were ordered by the Court in the Marc...
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ORDER The Court has before it Plaintiffs’ Motion Requesting an Evidentiary Hearing and Other Matters (docket No. 38), Defendant’s Opposition to Motion Requesting an Evidentiary Hearing and Other Matters (docket No. 40) and Plaintiffs’ Motion Submitting Manual of the Judge Advocate General Final Investigative Report Concerning the Accident and Grounds for Admission (docket No. 43). The...
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52 F. Supp. 2d 269 (1999) John Thomas CRUZ, Plaintiff, v. McALLISTER BROTHERS, INC., Defendant. No. Civ. 97-2782(HL). United States District Court, D. Puerto Rico. May 17, 1999. *270 *271 *272 Enrique J. Mendoza-Mendez, Mendoza & Baco, San Juan, PR, Roberto SchmidtMonge, Hato Rey, PR, for John Thomas, plaintiff. Jose Luis Suarez-Villafane, Jimenez, Graffam & Lausell, San Juan, PR, for McA...
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51 F.Supp.2d 81 (1999) ED PETERS JEWELRY CO., INC., Plaintiff, v. C & J JEWELRY CO., INC., Anson, Inc., William Considine, Sr., Little Bay Realty Co., L.L.C., and Gary J. Jacobsen, Defendants. No. Civ.A. 94-210L. United States District Court, D. Rhode Island. June 2, 1999. *82 *83 *84 Robert C. Corrente, Hinckley, Allen & Snyder, Providence, RI, Sanford J. Davis, McGovern & Associates...
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*257 OPINION AND ORDER Judgment Creditor, Futura Development of Puerto Rico, Inc. (“Futura”), moves for proceedings on and in aid of the execution of judgment. I. Relevant Factual Background The genesis of this lawsuit was a series of contracts executed in 1978. At that time, the parties were U.S.I. Properties Corp. (“USI”), MD Construction, Inc. (“MD”), Compañía de Desarrollo Cooperativo (“C...
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ORDER ON DEFENDANTS’ MOTION TO DISMISS AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT This matter comes before the Court on Defendants Donald and Connie Brink-man’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1), (b)(3), and (b)(7), and Plaintiff California Casualty & Fire Insurance Company’s motion for summary judgment. After reading the briefs, hearin...
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DECISION AND ORDER Plaintiff Richard Almeida (“Almeida”), .an employee of defendant United Steelworkers of America International Union, AFL — CIO (“Steelworkers”), ran unsuccessfully for an elective union post. Al-meida claims that incumbent Steelworkers officials, smarting from his public criticisms of their administration, retaliated against his elective challenge by harassing him, ...
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51 F. Supp. 2d 32 (1999) Anthony MARTIN, Plaintiff, v. WELLESLEY COLLEGE, Defendant. No. 97-CV-12611-JLT. United States District Court, D. Massachusetts. June 2, 1999. Winston Kendall, Boston, MA, for Anthony P. Martin, Plaintiff. William L. Patton, Ana M. Francisco, Ropes & Gray, Boston, MA, for Wellesley College, Defendant. *33 MEMORANDUM TAURO, Chief Judge. I. INTRODUCTION Plaintiff A...
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54 F. Supp. 2d 834 (1999) Philip JACKSON, Plaintiff, v. CADENCE DESIGN SYSTEMS, INC., Defendant. Philip Jackson, Plaintiff, v. John Olson,[1] Defendant. No. 97 C 8287, 97 C 8860. United States District Court, N.D. Illinois, Eastern Division. June 2, 1999. *835 Michael B. Brohman, Stuart Michael Gimbel, Kamensky & Rubinstein, Lincolnwood, IL, for Plaintiff. Stephen P. Carponelli, Albert M.T. F...
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52 F.Supp.2d 211 (1999) In re PERITUS SOFTWARE SERVICES, INC. SECURITIES LITIGATION. No. CIV. A. 98-10578-WGY. United States District Court, D. Massachusetts. June 1, 1999. *212 *213 *214 *215 Robert Finkel, Wolf Popper Wolf Ross & Jones, Brian Murray, Rabin & Garland, Jonathan M. Plasse, Goodkind, Labaton, Rudoff & Sucharow, LLP, New York, NY, Leo W. Desmond, Law Offices of Leo W. De...
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MEMORANDUM OPINION This is an appeal from an order entered by the Bankruptcy Court on October 5, 1998 granting the Debtors’ motion to preliminarily enjoin certain shareholders from *551 pursuing litigation in the United States District Court for the Western District of Texas. The shareholders have appealed. This is the court’s decision on the appeal. I. FACTUAL AND...
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54 F. Supp. 2d 684 (1999) Betty MATHERNE v. Terrebonne Parish Sheriff Jerry L. LARPENTER. No. CIV. A. 98-1381. United States District Court, E.D. Louisiana. June 2, 1999. *685 Douglas Henry Greenburg, Houma, LA, Stephen Patrick Callahan, Houma, LA, for plaintiff. Freeman Rudolph Matthews, Usry & Weeks, Metairie, LA, for defendant. *686 ORDER AND REASONS MENTZ, District Judge. Before the Co...
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49 F. Supp. 2d 1028 (1999) Erica CARPENTER, Plaintiff, v. REFRIGERATION SALES CORP., et al., Defendants. No. 1:98-CV-940. United States District Court, N.D. Ohio, Eastern Division. May 5, 1999. *1029 Jeffrey A. Leikin, Nurenberg, Plevin, Heller McCarthy, Cleveland, OH, Stephen S. Zashin, Zashin & Rich, Cleveland, OH, for Erica Carpenter, plaintiff. Joel I. Newman, Newman & Newman, Clevela...
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120 F.Supp.2d 619 (1999) James E. JOHNSON, Plaintiff, v. MICHIGAN DEPARTMENT OF TREASURY, Douglas B. Roberts, Department of Natural Resources, K.L. Cool, Wayne County Treasurer Raymond J. Wojtowicz and Tommy A. Dixon, Jr., Defendants. No. Civ.A. 98-CV-72154DT. United States District Court, E.D. Michigan, Southern Division. May 25, 1999. Sean C. Shearer, Detroit, MI, Sabrina E. Moss, Detroit, MI, ...
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*432ORDER GRANTING MOTION FOR DEFAULT JUDGEMENT AGAINST DEFENDANT TRIUNFO-MEX, INC. I. Introduction Pending before the Court is plaintiff Pepsi-Co, Inc.’s motion to enter a default judgment against defendant Triunfo-Mex, Inc. (“Triunfo”) for violations of the Tariff Act, 19 U.S.C. § 1526, and the Lanham Act, 15 U.S.C. §§ 1051-1125. Plaintiff seeks an injunction enjoining defendant from further vio...
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58 F.Supp.2d 1036 (1999) REGENTS OF THE UNIVERSITY OF MINNESOTA, Plaintiff, v. GLAXO WELLCOME, INC., Defendant. Civil No. 98-2465 DSD/JMM. United States District Court, D. Minnesota. June 8, 1999. *1037 John D. French, Kenneth A. Liebman, Felicia J. Boyd — all of Faegre & Benson, Minneapolis, MN, for plaintiff. Stephen B. Judlowe, James M. Bollinger, Jason A. Lief, John F. Gallagher III — all...
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52 F. Supp. 2d 34 (1999) Tom CAMPBELL, et al., Plaintiffs, v. William Jefferson CLINTON, President of the United States, Defendant. No. Civ.A. 99-1072 PLF. United States District Court, District of Columbia. June 8, 1999. *35 Jules Lobel, Michael Ratner, Franklin Siegel, William Goodman, Jennifer Green, Center for Constitutional Rights, New York City, James Robert Klimaski, Klimaski & Smith, ...
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58 F.Supp.2d 863 (1999) UNITED STATES of America, Plaintiff, v. Derrick Wayne GRIFFIN, Defendant. No. 99 C 1611. United States District Court, N.D. Illinois, Eastern Division. June 8, 1999. *864 David Styler, Assistant United States Attorney, Chicago, IL, for plaintiff. Derrick Wayne Griffin, Greenville, IL, pro se. MEMORANDUM OPINION AND ORDER ALESIA, District Judge. Before the court is the Uni...
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ORDER RE: CROSS MOTIONS FOR SUMMARY JUDGMENT RE: QDRO ISSUES Plaintiffs motion for partial summary judgment re: QDRO issues and EW & C and the Williams Defendants’ cross-motions for summary judgment came on regularly for hearing before this Court on May 24, 1999. After reviewing the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that Plain...
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MEMORANDUM INTRODUCTION Procedural Posture Plaintiffs have sued to enjoin the Government of the Virgin Islands ["government"] from conducting any preliminary or formal hearings on wrongful discharge claims premised on the Virgin Islands Wrongful Discharge Act ["WDA"], VI. Code Ann. tit. 24, § 76, based on this Court's earlier ruling that federal labor law preempts the WDA. See Bell v. Chase Manhat...
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54 F. Supp. 2d 1076 (1999) J.B. TAYLOR, Plaintiff, v. AETNA LIFE INS. CO., Defendant. No. Civ.A. 98-D-634-N. United States District Court, M.D. Alabama, Northern Division. April 27, 1999. *1077 *1078 G. William Gill, Montgomery, AL, for plaintiff. Davis Carr, James W. Lampkin, II, Pamela Ann Moore, Mobile, AL, for defendant. MEMORANDUM OPINION AND ORDER DE MENT, District Judge. Before the court ...
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MEMORANDUM AND ORDER Plaintiff brings this action alleging a breach of a settlement agreement entered into among the parties in prior litigation before this court. Presently before the court is defendants’ motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. To the extent that defendants’ motion is predicated on the argument that this court lacks subject matter ju...
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MEMORANDUM I. INTRODUCTION Ivy Hall Geriatric and Rehabilitation Center, Inc.(“Ivy Hall”), a provider of nursing home services, has sued Donna Shalala, the Secretary of the Department of Health and Human Services, (“HHS”), Nancy-Ann Min Deparle, the Director of the federal Health Care Financing Administration, (“HCFA”) (together, the “federal defendants”), and Dr. Georges C. Benjamin...
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MEMORANDUM OPINION AND ORDER Before the court is Defendants’ Motion For Summary Judgment, filed by Defendants City of Opp and Mark Kyser on January 28, 1999 with their Brief In Support Of Their Motion, For Summary Judgment (“Defs.’ Br.”). Plaintiff filed his Response To Defendants’ Motion For Summary Judgment and Brief In Opposition To- Motion For Summary Judgment (“Pl.’s Resp.”) on F...
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MEMORANDUM I. Introduction. Joseph A. Myers Real Estate, Inc. (the “owner/developer”) obtained the approval of Penn Township for a plan to construct a residential real estate development. During the course of construction, the Township drew down on a letter of credit that the plaintiff, Joseph A. Myers (“Myers”), had provided to secure the construction- of certain improvements required by the p...
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MEMORANDUM OPINION This case is before the court for review of the decision of the Secretary of Health and Human Services that E. Russell Webb, M. D., had received overpayments under Medicare for certain laboratory services. Review of the Secretary’s underlying decision is governed by 42 U.S.C. § 1395oo(f)(l), which incorporates the standard of review of the Administrative Procedure Act (APA)...
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49 F. Supp. 2d 1233 (1999) UNITED STATES of America, Plaintiff, v. THE CITY AND COUNTY OF DENVER; and the Denver Police Department, Defendants. No. CIV. A. 96-K-370. United States District Court, D. Colorado. June 4, 1999. *1234 *1235 Henry L. Solano, U.S. Attorney's Office, Denver, Joan A. Magagna, U.S. Department of Justice, Housing & Civil Enforcement Section, Eugenia Esch, U.S. Department...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION Plaintiff Medtox Scientific, Inc. (“Med-tox”), fik/a Editek, Inc. (“Editek”), 1 filed this action on January 31, 1997, to recover alleged short-swing insider profits realized by Defendant Morgan Capital L.L.C. (“Morgan Capital”) and its alleged control persons, Defendants Alex and David Bis-tricer (“Bistricers”), on a series of ...
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50 F. Supp. 2d 1129 (1999) Mike APFFEL, et al., Plaintiffs, v. Robert HUDDLESTON, et al., Defendants. No. 2:98-CV-0496-S. United States District Court, D. Utah, Central Division. May 27, 1999. *1130 Kathryn Collard, Law Firm of Kathryn Collard, L.C., Salt Lake City, UT, for plaintiffs. Dan R. Larsen, Utah Attorney General's Office, Salt Lake City, UT, for defendants. MEMORANDUM DECISION SAM, Chi...
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ORDER This matter comes before the court on defendants’ motions for summary judgment, defendants’ motion in limine to exclude plaintiffs experts, and plaintiff 1 Scott McCollin’s motion to reinstate his fraud on the FDA claim. The court conducted hearing on these motions on April 1, 1999, at which plaintiff was represented by Donna Cummings, defendant Synthes, Inc. was represen...
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51 F. Supp. 2d 1217 (1999) E.F.W. and A.T.B., Plaintiffs, v. ST. STEPHEN'S MISSION INDIAN HIGH SCHOOL; Shoshone and Arapaho Tribal Social Services (SATSS); R. Kelly Proctor; Bia Police Officers Lewis Mosqueda and Sergeant Will Falls Down; Fremont Counseling Services; Lisa Cook-Gambler, M.A. as an employee of Fremont Counseling Services and individually; Thomas S. Kennah; Darrell L. Lone Bear, Sr....
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MEMORANDUM AND ORDER Plaintiff, James Van Gundy (“Van Gun-dy”), instituted the above-entitled action against defendant P.T. Freeport Indonesia, a/k/a Copper Overseas Service Co. (“Freeport”), alleging Freeport discharged him in violation of Montana’s Wrongful *994 Discharge From Employment Act, Mont. Code Ann. §§ 39-2-901, et seq. (“WDEA”). Freeport invokes the diversity jurisdiction of thi...
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*852 MEMORANDUM AND ORDER Plaintiff Anthony Mark Janniere, a former cadet candidate at the United States Military Academy Preparatory School (“USMAPS”) in Fort Monmouth, New Jersey, alleges that defendants, the United States Army, the United States of America, Togo D. West, Jr., Colonel Ricky Kolb, Major John Driscoll and Captain Albert Maxwell, discriminated against him on the b...
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49 F.Supp.2d 1145 (1999) Ronald THOMPSON, Plaintiff, v. GENCARE HEALTH SYSTEMS, INC., Defendant. No. 4:96CV615-DJS. United States District Court, E.D. Missouri, Eastern Division. April 22, 1999. *1146 John S. Wallach, Nanci H. Martin, Hoffman and Wallach, St. Louis, MO, Michael A. Gross, St. Louis, MO, for Ronald Thompson, Plaintiff Ad Litem, plaintiff. Alene V. Haskell, Mark A. Smith, Husch and ...
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51 F. Supp. 2d 129 (1999) Joyce K. FERRUCCI and Michael Ferrucci Jr. v. ATLANTIC CITY SHOWBOAT, INC. No. Civ. 3:95CV951 (HBF). United States District Court, D. Connecticut. March 29, 1999. *130 Jon L. Schoenhorn, Law Offices of Jon L. Schoenhorn, Hartford, CT, Beth J. Rittenband, Rocky Hill, CT, for Plaintiffs. Lisa M. Kowtko, Halloran & Sage, West Westport, CT, Miles David Newman Esty, Esty ...
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RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT The issue before the Court is which party, Chemical Bank or the Bankruptcy Estate of Connaught Properties, Inc., has the superior claim to the proceeds from the sale of 26 Beach Avenue, Westport, Connecticut (the “Westport property”). Pending are cross motions for summary judgment. [Doc. 343, 353]. BACKGROUND FACTS 1. On or ab...
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52 F.Supp.2d 1096 (1999) Louis KAMPOURIS, Plaintiff, v. SAINT LOUIS SYMPHONY SOCIETY, Defendant. No. 4:98CV512-DJS. United States District Court, E.D. Missouri, Eastern Division. June 10, 1999. *1097 *1098 Stanley E. Goldstein, Partner, Eli Karsh, Liberman and Goldstein, Clayton, MO, for Louis Kampouris, plaintiff. Richard E. Jaudes, Hope K. Abramov, Thompson Coburn, St. Louis, MO, Aaron C. Baker...
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MEMORANDUM OPINION AND ORDER Before the court is a Motion For Summary Judgment with accompanying Brief In Support Of Motion For Summary Judgment (“Defs.’ Br.”), filed by Defendants Stanley B. Sessions (“Mr.Sessions”), Lynn D. Sessions (“Mrs.Sessions”), and Argonaut Relocation Services (“Argonaut”) (collectively, “Defendants”) on December 30, 1998. Plaintiffs Scott Wheelan (“Mr. Wheelan”) ...
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DECISION AND ORDER This is an action under 42 U.S.C. § 1983 brought by plaintiff Luis Rosales, who appears pro se. Plaintiff, an inmate in the custody of the New York State Department of Correctional Services (“DOCS”), alleges that while he was confined at Attica Correctional Facility (“Attica”), defendants violated his rights under the Eighth Amendment to the United States...
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50 F. Supp. 2d 460 (1999) MOTOR CITY BAGELS, L.L.C., et al., Plaintiffs, v. The AMERICAN BAGEL COMPANY, et al., Defendants. No. Civ. S-97-3474. United States District Court, D. Maryland. June 7, 1999. *461 *462 *463 *464 *465 Thomas J. Minton, Quinn, Ward and Kershaw, Baltimore, MD, John Thomas Ward, Ward, Kershaw and Minton, P.A., Baltimore, MD, for Randall S. Flinn, plaintiff. Peter J. Kadzik, ...
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MEMORANDUM-DECISION AND ORDER Presently before the Court is a motion brought by defendants Niskayuna Consolidated Fire District 1 (“Fire District”), Board of Fire Commissioners of Niskayu-na Consolidated Fire District 1 (“the Board of Fire Commissioners”) and Joseph Battiste (“Battiste”) (hereinafter collectively referred to as “defendants”) pursuant to Fed.R.Civ.P. 12(b)(1) to dismiss pl...
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51 F. Supp. 2d 125 (1999) CODESPOTI & ASSOCIATES, P.C., et al., v. Kevin BARTLETT, et al. No. Civ. 3:97CV1395 (AHN). United States District Court, D. Connecticut. March 29, 1999. *126 Ikechukwu Umeugo, Umeugo & Assoc., West Haven, CT, for Codespoti & Assoc, PC, plaintiff. Ikechukwu Umeugo, Umeugo & Assoc., West Haven, CT, for Grew & Codespoti Design, P.C., plaintiff. Daniel Sh...
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52 F.Supp.2d 333 (1999) Luc HARDY v. SALIVA DIAGNOSTIC SYSTEMS, INC. No. Civ. 3:94CV1142 (HBF). United States District Court, D. Connecticut. March 17, 1999. *334 *335 *336 William I. Haslun, II, Edward T. Krumeich, Ivey, Barnum & O'Mara, Greenwich, CT, for Luc Hardy, plaintiff. Eric W.G. Dawson, Robinson & Cole, Stamford, CT, Robert A. Banner, Berman, Paley, Goldstein & Kannry, New Y...
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51 F. Supp. 2d 707 (1999) PORSCHE CARS NORTH AMERICA, INC., and Dr. Ing. H.C.F. Porsche AG, Plaintiffs, v. PORSCH.COM, et al., Defendants. No. Civ.A. 99-0006-A. United States District Court, E.D. Virginia, Alexandria Division. June 8, 1999. *708 John F. Anderson, Richards McGettigan Reilly & West, PC, Alexandria, VA, Gregory D. Phillips, Phillips & Anderson, Salt Lake City, UT, for plaint...
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OPINION OF THE COURT ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT I Plaintiff David Rutlin brings this action under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. It is undisputed that plaintiff has been diagnosed as having epilepsy, a chronic neurological disorder. Plaintiff was employed as a licensed funeral director by defendant Kerley &...
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51 F.Supp.2d 931 (1999) Marilyn FLOYD, Thomas Ireland, James L. Lamaster, Lekha Mayes, Dale M. Sheehan, Jr. Carol Trinkle, on their own behalf and all others similarly situated, Plaintiffs, v. EXCEL CORPORATION, Defendant. No. 98-3177. United States District Court, C.D. Illinois, Springfield Division. June 10, 1999. Charles Orlove, David S. Allen, Chicago, IL, Philip R. Russ, Amarillo, TX, for pl...
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*735 ORDER In this case, Plaintiffs James D. Stout and Shirley A. Brown make claim for fraud, violations of Ohio’s Consumer Sales Practices Act, and the federal Truth-in-Lending Act arising from the plaintiffs’ purchase of used motor vehicles. Now before the Court is the defendants’ motion to compel arbitration pursuant to 9 U.S.C. § 1, et seq., the Federal Arbitration...
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MEMORANDUM I. BACKGROUND On November 1, 1996, plaintiff Jessica Hoffman (Hoffman) filed this Title VII action against defendant R.I. Enterprises, Inc. d/b/a Ramada Inn d/b/a Cristallo Steak House (Ramada), contending, inter alia, that she had been subject to a sexually hostile work environment during her employment as a waitress for Ramada. (Dkt. Entry 1.) Hoffman’s co...
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MEMORANDUM OPINION & ORDER Before the Court is Defendant Petroleum Helicopter, Inc.’s Motion to Transfer Venue pursuant to 28 U.S.C. § 1404(a). Defendant moves that this action be transferred to the United States District Court for the Western District of Louisiana, La-Fayette/Opelousas Division. For the reasons set forth below, the Court finds the Motion should be DENIED. I. BAC...
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*173 OPINION AND ORDER Exchange Point LLC (“Exchange Point” or “Movant”) moves the Court to quash or modify a subpoena issued by the Securities and Exchange Commission (“SEC”) on First Union National Bank (“First Union”) with respect to Exchange Point’s bank account at First Union. For the reasons that follow, the motion is DENIED. FACTUAL BACKGROUND Exchange Po...
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51 F.Supp.2d 816 (1999) Janice CASTEEL, as next friend of Jacquelyn Casteel, a minor, and Janice Casteel, individually, Patricia Hardaway, and Margaret Leja and Lawrence Leja, on behalf of all similarly situated plaintiffs, Plaintiffs, v. SARA LEE CORPORATION and Bil Mar Foods, Inc., Defendants. No. Civ. 99-40117. United States District Court, E.D. Michigan, Southern Division. June 7, 1999. *817 ...
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OPINION This matter has been opened to the Court by plaintiff MFS Telecom (“MFS”) under the Court’s federal question jurisdiction. The plaintiff claims that the Court has such jurisdiction under 28 U.S.C. § 1331 and/or 28 U.S.C. § 1337 because the case is brought pursuant to the Communications Act of 1934, 47 U.S.C. § 151 et seq. Under 28 U.S.C. 1331: “[t]he district courts shall have origina...
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52 F.Supp.2d 11 (1999) Eloise Pepion COBELL, et al., Plaintiffs, v. Bruce BABBITT, Secretary of the Interior, Robert Rubin, Secretary of the Treasury, and Kevin Gover, Assistant Secretary of the Interior, Defendants. No. Civ. 96-1285 RCL. United States District Court, District of Columbia. June 7, 1999. *12 *13 *14 Dennis M. Gingold, Washington, D.C., Thaddeus Holt, Point Clear, Alabama, Elliott ...
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52 F. Supp. 2d 1152 (1999) Leroy H. GRAW, Plaintiff, v. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY; et al., Defendants. No. CV 97-8641 DDP (CWX). United States District Court, C.D. California. June 10, 1999. *1153 Louis J. Cohen, Louis J. Cohen Law Offices, Calabasas, CA, for Plaintiff. Thomas R. Malcolm, Jeffrey B. Kirzner, Lynne E. Mallya, Jones Day Reavis & Pogue, Irvine, CA,...
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51 F.Supp.2d 806 (1999) Milos SARAVOLATZ, as the personal representative of the estate of Annie Donna Saravolatz, Plaintiff, v. AETNA US HEALTHCARE, Defendant. No. Civ.A. 98-40423. United States District Court, E.D. Michigan, Southern Division. May 18, 1999. *807 Larry W. Bennett, Cox, Hodgman & Giarmarco, Troy, MI, for Plaintiff. Francis R. Ortiz, Dickinson, Wright, PLLC, Detroit, MI, for De...
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OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner, John Curtis Cook (“petitioner”), presently confined at the Macomb Regional Correctional Facility in New Haven, Michigan, seeks the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his application, filed pro se, petitioner challenges his conviction on one count of second degree murder, M.C.L. 750.317; M....
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This matter has been opened to the Court by plaintiff James P. Vail under the Court’s diversity jurisdiction pursuant to 28 U.S.C. § 1332. Vail brings suit against a fictitious, unknown defendant, John Doe, for sending e-mails over the Internet that allegedly damage the plaintiffs reputation and cause him upset, emotional distress, shame, humiliation and embarrassment. Mr. Vail, a resident of N...
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OPINION On March 11, 1999, following the conclusion of the Government’s ease, Defendant, Joseph Picciotti (“Dr. Picciotti”), moved for a judgment of acquittal, pursuant to Rule 29(a) of the Federal Rules of Criminal Procedure. At the conclusion of oral argument, I reserved decision on the motion, pursuant to Rule 29(b). 1 In pressing this motion, Dr. Picciotti’s counsel divid...
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OPINION This matter is before the court on the motion of MDL plaintiffs James Atkins, Victoria Saxe and Jaquellyn C. Pope for leave to file an Amended Class Action Complaint, and on the motion of Atkins and Saxe for remand due to an alleged absence of Article III standing. Because Atkins and Saxe have not attempted to cure the pleading deficiencies that led the court to grant in part defe...
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OPINION This case presents the novel question of whether a litigant may pursue a state law remedy for the filing of a frivolous claim when the claim arises under federal law and this Court’s subject matter jurisdiction is based upon a federal question. 1 For the reasons set forth below, I hold that, because the jurisdictional basis for the alleged frivolous claim is this Court’...
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ORDER AND MEMORANDUM OF DECISION Plaintiff Robert Norris (“Plaintiff’) has filed a Complaint against Defendants Bangor Publishing Co. (“BPC”) and John Day (“Day”), alleging that he was defamed in a series of three articles written by Day and published by BPC. Plaintiff contends that he was defamed in an October 12, 1996 article (Count I), in an October 15, 1996 article (Count III), and in...
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MEMORANDUM OPINION AND ORDER Before the court, sua sponte, is the issue of subject matter jurisdiction. Based upon the relevant law and the reasons set forth below, the court finds that it lacks subject matter jurisdiction over this action and, therefore, that this case is due to be remanded. FACTUAL BACKGROUND On March 10, 1999, Plaintiff filed a one-count breach of contrac...
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MEMORANDUM OPINION AND ORDER Before the court is Plaintiffs Motion To Remand, filed on March 26, 1999 with its Memorandum Of Law In Support Of Motion To Remand (“Memorandum”). Defendant filed a Response To Plaintiffs Motion To Remand (“Response”) on April 14, 1999, and Plaintiff filed a Reply In Support Of Motion To Remand (“Reply”) on April 14, 1999. After careful consideration of th...
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52 F.Supp.2d 366 (1999) Sandra L. NEWTOWN, Plaintiff, v. SHELL OIL COMPANY, Kenneth Johnson, Glenn Fillion, David Williams, and Jim Munson, Defendants. No.3:97CV00167(GLG) United States District Court, D. Connecticut. June 8, 1999. *367 *368 Philip H. Bartels, John C. Fusco, Holland Kaufmann & Bartels, Greenwich, CT, for plaintiff. L. Chris Butler, houston, TX, Gerald Dwyer, New Haven, CT, fo...
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ORDER I. INTRODUCTION Petitioner Page International Ltd. (“Page”) moves pursuant to Section 9 of the Federal Arbitration Act, 9 U.S.C. § 9, for an order confirming a Maritime Arbitration Award (the “Award”) issued on December 11, 1998. Respondents Adam Maritime Corp. (“Adam”) and Glencore Ltd. (“Glencore”) cross-move to vacate the award pursuant to Section 10 of the Federal Arbit...
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52 F. Supp. 2d 1352 (1999) Danita Dawn JUDSON, Plaintiff, v. NISSAN MOTOR CO., et al., Defendants. Civil Action No. 99-D-24-S. United States District Court, M.D. Alabama, Southern Division. May 25, 1999. *1353 *1354 Jere L. Beasley, Greg Allen, Graham Esdale, Jr., Montgomery, AL, for plaintiff. Craig P. Niedenthal, Birmingham, AL, Allison O. Skinner, Craig Niedenthal, Birmingham, AL, Joe Cassady,...
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*1003 ORDER Plaintiff Michael W. Bass brings the instant action against the defendant Board of County Commissioners of Orange County, Florida (“the County”) alleging that the defendant’s failure to hire him as a Training Instructor constitutes race discrimination in violation of Title VI and VII of the Civil Rights Act of 1964, codified at 42 U.S.C. § 2000d and § 2000e (West 1997...
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MEMORANDUM OPINION Plaintiff Frankie E. Lake filed this lawsuit in state court against defendant UNUM Life Insurance Company of America, under the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. §§ 1001-1461, commonly known as “ERISA”. Lake seeks to recover benefits allegedly due her under the Synovus Financial Corporation Group Long-Term Disability Insurance Policy. Invo...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT PURSUANT TO FED. R.CIV.P. 56 The instant ease involves claims brought by plaintiff, Leon Hollowell, alleging discrimination and retaliation in violation of *698 the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“Title VII”), and the Elliott-Larsen Civil Rights Act, Mich. Comp....
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MEMORANDUM OPINION AND ORDER Before the court are the following Motions for Summary Judgment: 1. Plaintiff Bradley E. Murray (“Plaintiff’) submitted his Motion, for Partial Summary Judgment (“Pl.’s Mot.”) on February 2, 1998. 1 In support of his Motion, Plaintiff also filed both a Statement of Uncontroverted Facts (“Pl.’s Facts”) and a Memorandum of Law (“PL’s Br.”) on...
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MEMORANDUM OPINION AND ORDER Before the court is Defendant’s Motion To Dismiss, filed on September 15, 1998. On November 9, 1998, Plaintiff filed a Response in opposition to Defendant’s Motion. After careful consideration of the arguments of counsel, the relevant law, and the record as a whole, the court finds that Defendant’s Motion To Dismiss is due to be granted and that Plaintiffs...
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MEMORANDUM OPINION AND ORDER Before the court are Plaintiffs Motion To Remand, filed on November 9, 1998, and Plaintiffs Motion For Costs And Attorney’s Fees (“Motion For Atty’s Fees”), filed on December 7, 1998. On November 30, 1998, Defendant Metropolitan Life Insurance Company (“MetLife”) filed a Memorandum In Opposition To Plaintiffs Motion To Remand, which the court construes as ...
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MEMORANDUM OPINION AND ORDER Before the court is Defendant First National Bank of Brundidge’s (“Bank”) Motion To Dismiss Without Prejudice Or In The Alternative Motion To Stay (“Motion”), filed on April 21, 1999. Plaintiff Nobel Insurance Group (“Nobel”) filed its Response To Motion To Dismiss Without Prejudice Or In The Alternative Motion To Stay (“Response”) on April 29, 1999. Defendant Ban...
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52 F. Supp. 2d 476 (1999) Charles E. DONAHUE, Plaintiff, v. CONSOLIDATED RAIL CORPORATION, Defendant. No. Civ.A. 98-5874. United States District Court, E.D. Pennsylvania. June 10, 1999. *477 Joseph M. Sellers, Jennifer A. Gundlach, Cohen, Milstein, Hausfeld and Toll, Washington, DC, Mark T. Wade, Robert Peirce and Associates, Pittsburgh, PA, for Charles E. Donahue, plaintiff. Alan D. Berkowitz, M...
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54 F. Supp. 2d 1233 (1999) UNITED STATES of America, Plaintiff, and Jerry Williams, L.E. McGriff, and Herbert Patterson, Intervenors, v. GULF STATES STEEL, INC., Defendant. No. CV-97-BU-2755-M. United States District Court, N.D. Alabama, Middle Division. June 8, 1999. *1234 *1235 G. Douglas Jones, U.S. Attorney, Herbert J. Lewis, III, Assistant U.S. Attorney, U.S. Attorney's Office, Birmingham, A...
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ORDER This action is before the Court on an appeal by the United States of America (the “Government”) from the Amended Judgment, dated January 13, 1995, of the United States Bankruptcy Court for the Middle District of Florida. In that Amended Judgment, the bankruptcy court, inter alia, found that the tax liabilities owed by the debtor Elizabeth Binkley for the years 1980 through 1986 were d...
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52 F. Supp. 2d 1126 (1999) Susan KANTER & Sharlon Plunk, on behalf of themselves and all others similarly situated, Plaintiffs, v. WARNER-LAMBERT CO., et al., Defendants. No. C99-1154 FMS. United States District Court, N.D. California. June 9, 1999. *1127 *1128 Daniel S. Mason, Joseph W. Bell, Steven S. Lubliner, Furth Fahrner & Mason, San Francisco, CA, Geoffrey Gordon-Creed, Kevin J. Ho...
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OPINION AND ORDER Plaintiff Elizabeth Mescall (“Mescall”) brings this action against the Yonkers City School District, her former employer (the “District”), and Reginald F. Marra, the District Superintendent, individually (“Marra”), alleging that she was wrongfully denied tenure in violation of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12101-12217, the Civil Ri...
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OPINION AND ORDER Before the Court are (1) defendant’s motion for summary judgment, or, in the alternative, partial summary judgment, and (2) plaintiffs motion to dismiss defendant’s eleventh affirmative defense. For the reasons stated herein, (i) defendant’s motion for summary judgment is DENIED; (ii) defendant’s motion for partial summary judgment is GRANTED; and (iii) plaintiffs motion is ...
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MEMORANDUM OPINION AND ORDER Plaintiff CoolSavings — a Michigan corporation having its headquarters and principal place of business in Chicago — sued defendant IQ.Commeree Corporation (“IQ”) for infringement of United States Patent No. 5,761,648 (“the ’648 patent”). The ’648 patent claims a data processing system that allows CoolSavings to issue electronic certificates (advertisements and...
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52 F. Supp. 2d 349 (1999) Tony I. LOWE, Plaintiff, v. AMERIGAS, INC., Defendant. No. 3:96CV2376(GLG) United States District Court, D. Connecticut. June 7, 1999. *350 *351 Ronald E. Lasky, Ronald E. Lasky & Associates, New London, CT, for plaintiff. Stephen B. Harris, Wiggin & Dana, Hartford, CT, Stephen W. Aronson, Farmington, CT, Susan K. Krell, James F. Shea, Jackson, Lewis, Schnitzler ...
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45 F. Supp. 2d 818 (1999) Wes COOLEY, Plaintiff, v. Phil KEISLING, Secretary of State, for the State of Oregon, Defendant. No. CIV. 98-1115-HU. United States District Court, D. Oregon. June 9, 1999. *819 Wes Cooley, Bend, OR, pro se. David Leith, Assistant Attorney General, Oregon Department of Justice, Salem, OR, for Defendant. ORDER FRYE, District Judge. The Honorable Dennis James Hubel, Unite...
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MEMORANDUM AND ORDER Plaintiff Jerome Girard brings this diversity case alleging that defendant Trade Professionals, Inc. is vicariously liable for defendant Roger Anders’ negligence and that Trade Professionals is itself negligent for hiring Anders. The case is before the court on Trade Professionals’ motion for summary judgment (Doc. 36). For the reasons set forth in this memorandum...
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49 F. Supp. 2d 1276 (1999) Frances FLANDERS, Plaintiff, v. ENRON CORPORATION, Defendant. No. CIV. A. 97-2652-GTV. United States District Court, D. Kansas. May 20, 1999. *1277 Albert F. Kuhl, Rebecca M. Oland, Law Offices of Rebecca M. Oland, Lenexa, KS, for Frances Flanders, plaintiff. Robert W. McKinley, Lathrop & Gage L.C., Kansas City, MO, C. Robert Vote, Enron Litigation Unit, Houston, TX...
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MEMORANDUM AND ORDER Before the court is Plaintiffs Motion for Sanctions Against the Miller Group Defen*633dants and Their Counsel By Reason of Bad Faith Discovery Tactics and Failures to Comply with Court Orders (doc. 228). Pursuant to 28 U.S.C. § 1927 and Fed.R.Civ.P. 26(g) and 37(b) and (d), plaintiff seeks an order to impose sanctions against Joseph B. Herlihy, Jr. (Herlihy); The Miller Gro...
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*370 MEMORANDUM AND ORDER The United States of America filed a Petition to Enforce an Internal Revenue Service (“IRS”) Summons of the respondent, R. David Randall (“Randall”), pursuant to 26 U.S.C. §§ 7402(b) and 7404(a) of the Internal Revenue Code. The summons sought the testimony of Randall concerning all conversations he had with two taxpayers, Sung Ku Cho and Grace Wonja Kim (hereinafter j...
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50 F. Supp. 2d 1055 (1999) RAYES, INC., d/b/a Wheelchairs of Kansas, Plaintiff, v. Dale BASGALL, Defendant, Dale Basgall, Third-Party Plaintiff, v. Willard Frickey, a/k/a Lee Frickey, Third-Party Defendant, Dale Basgall, Counter-Claimant, v. Rayes, Inc., d/b/a Wheelchairs of Kansas, Counter-Defendant. No. CIV. A. 97-2588-GTV. United States District Court, D. Kansas. May 10, 1999. Leland H. Corley...
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MEMORANDUM AND ORDER This survival and wrongful death action arises out of an explosion at defendant *1059 Western Resources, Inc.’s Lawrence Energy Center near Lawrence, Kansas, which resulted in the death of Charles Edward Price. The case is before the court on defendant Western Resources, Inc.’s motion for summary judgment (Doc. 17). Defendant argues that plaintiffs’ action is barred by ...
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MEMORANDUM AND ORDER Plaintiff Donald C. Nowlin brings this action alleging that defendant K Mart Corporation constructively discharged him on the basis of his disability in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq., and in retaliation for ex...
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MEMORANDUM OPINION AND ORDER Before the court is Affiliated Computer Services, Inc.’s Motion to Remand, filed April 14, 1999. After careful consideration of the motion, response, reply, the pleadings, the evidence submitted by the parties, and the applicable law, the court grants the Motion to Remand. I. Eactual and Procedural Background Plaintiff Affiliated Computer Services, Inc. (“AC...
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45 F. Supp. 2d 438 (1999) NATIONAL UTILITY SERVICE, INC., Plaintiff, v. CHESAPEAKE CORPORATION and Wisconsin Tissue Mills, Inc., Defendants. Civ. No. 96-5106(WHW). United States District Court, D. New Jersey. April 14, 1999. *439 *440 *441 *442 Joanne S. Lehu, Kurzman, Karelesen & Frank, Englewood Cliffs, NJ, for Plaintiff. Peter Joseph Pizzi, Connell, Foley & Geiser, Roseland, NJ, for De...
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MEMORANDUM-DECISION & ORDER I. Introduction A. Background Plaintiff VAW of America, Inc., (“VAW” or the “Company”) instituted this action against United Steelworkers of America, AFL-CIO-CLC (the “Union”) pursuant to section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185, to set aside and vacate an arbitrator’s award. Pending before the -Court is (1) VAW’s mot...
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MEMORANDUM In this action, plaintiff Maureen A. Tu-molo as executrix of the Estate of Michael D. Tumolo, Deceased, sued defendant Triangle Pacific Corporation under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq., and the Pennsylvania Human Relations Act (PHRA), 43 Pa.C.S.A. §§ 951 et seq. In August 1996, defendant terminated Michael Tum...
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ORDER THE BACKGROUND OF THIS ORDER IS AS FOLLOWS: This action was originally filed by Plaintiff P. Brian Brumfield on August 7, 1998, in the Court of Common Pleas of Union County, Pennsylvania. On September 8, 1998, the action was removed to this court. At all times relevant to the allegations set forth in the complaint, Brumfield was employed as a Supervisory Correctional Officer at the Al...
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54 F. Supp. 2d 695 (1999) Howard O'NEAL v. Gary L. JOHNSON, Director, TDCJ. No. Civ. G-97-480. United States District Court, S.D. Texas, Galveston Division. June 8, 1999. *696 Howard O'Neal, Tennessee Colony, TX, for Howard O'Neal, petitioner pro se. Idolina Garcia McCullough, Office of the Attorney General, Austin, TX, for Director TDCJ-ID, respondent. OPINION AND ORDER KENT, District Judge. Be...
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MEMORANDUM, FINDINGS OF FACTS AND LAW, ORDER AND JUDGMENT Plaintiffs seek a declaration that the home they and their children live in is theirs. The government, which has tax claims against a relative, Edward Charles, has sought to impose a lien on it. As indicated below, the home is the plaintiffs’. Edward Charles does not now have, and never has had, an interest of any value in...
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51 F.Supp.2d 1287 (1999) Linda MALONE, Plaintiff, v. K-MART CORP., Defendant. No. Civ.A. 98-D-467-S. United States District Court, M.D. Alabama, Southern Division. April 30, 1999. *1288 *1289 *1290 *1291 *1292 *1293 Ann C. Robertson, Maury Steven Weiner, Birmingham, AL, for plaintiff. Stephen E. Brown, Mitchell G. Allen, Carole A. Golinski, Birmingham, AL, for defendant. MEMORANDUM OPINION AND O...
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51 F. Supp. 2d 840 (1999) WRENCH LLC, a Michigan Limited Liability Company; Joseph Shields; and Thomas Rinks, Plaintiffs, v. TACO BELL CORP., a foreign corporation, Defendant. No. 1:98-CV-45. United States District Court, W.D. Michigan, Southern Division. June 10, 1999. *841 Douglas A. Dozeman, Valerie Ann Pierre Simmons, Warner, Norcross & Judd, LLP, Grand Rapids, MI, for plaintiffs. *842 Ri...
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REASONS FOR JUDGMENT Before this court is the disposition of plaintiff Rowan Companies’ (“Rowan”) declaratory judgment action. Plaintiff seeks a declaration that it has no maintenance and cure obligation to Larry D. Ainsworth (“Ainsworth”), its former seaman employee. After a bench trial and for the following reasons, this court RENDERS JUDGMENT IN FAVOR OF PLAINTIFF, deciding that it...
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52 F. Supp. 2d 1200 (1999) QWEST COMMUNICATIONS INTERNATIONAL, INC., and Qwest Communications Corporation, Plaintiffs, v. William E. THOMAS, Terence Maher, and Ronald Kraemer, Defendants. No. Civ.A. 99-K-431. United States District Court, D. Colorado. June 10, 1999. *1201 Steven J. Merger, Dorsey & Whitney LLP, Denver, CO, James S. Mowery, Jr., *1202 Fred Michael Speed, Jr., Law Offices of Mo...
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52 F. Supp. 2d 699 (1999) Ken ACOSTA, et al. v. MASTER MAINTENANCE & CONSTRUCTION, INC., et al. No. Civ.A.98-1065 A. United States District Court, M.D. Louisiana. March 2, 1999. *700 *701 Diane Adele Owen, Robert H. Schmolke, Robert H. Schmolke, P.L.C., Baton Rouge, Louisiana, Lewis Unglesby, Unglesby & Koch, Baton Rouge, Louisiana, Donald T. Carmouche, Victor L. Marcello, Talbot, Sotile,...
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51 F.Supp.2d 36 (1999) Janice FLEBOTTE, Patricia Jez, Robert Miklasiewicz, and Gloria Gay, Plaintiffs, v. DOW JONES & COMPANY, INC., Defendant. No. Civ.A. 97-30117-FHF. United States District Court, D. Massachusetts. June 10, 1999. *37 Michael O. Shea, Springfield, MA, for Janice Flebotte, plaintiffs. Dennis M. Duggan, Jr., Robert M. Shea, Mark H. Burak, Donna Y. Porter, Peabody & Brown, ...
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51 F. Supp. 2d 107 (1999) RHODE ISLAND ASSOCIATION OF REALTORS, INC., Plaintiffs, v. Sheldon WHITEHOUSE, Attorney General, Defendants. No. C.A. 97-593-T. United States District Court, D. Rhode Island. June 9, 1999. *108 *109 Mark W. Freel, Edwards & Angell, Providence, RI, for plaintiffs. Rebecca Tedford Partington, Brenda A. Doyle, Office of the Attorney General, Providence, RI, for defendan...
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MEMORANDUM AND ORDER I. INTRODUCTION On December 16, 1994, while working in Sheffield, Massachusetts, Kenneth R. Bar-tow, a Massachusetts resident, fell off of a debris-crushing machine manufactured by Extec Screens and Crushers, Ltd. (“Ex-tec”), a British company. Having allegedly injured his back, Bartow filed a products liability suit against Extec, Rent-A-Screen d/b/a Extec o...
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51 F. Supp. 2d 115 (1999) Matthew J. FAERBER, Jr., Plaintiff, v. CITY OF NEWPORT, Michael D. Malikoff, personally and in his official capacity, and Roy B. Anderson, personally and in his official capacity, Defendants. No. C.A. 97-731L. United States District Court, D. Rhode Island. June 10, 1999. *116 *117 *118 Turner C. Scott, Miller, Scott, Howe & Kelley, Newport, RI, for plaintiff. Marc De...
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52 F. Supp. 2d 1027 (1999) Jane DOE, Plaintiff, v. Father Gerald HARTZ, Bishop Lawrence Soens, St. Lawrence Church, and Roman Catholic Diocese of Sioux City, Iowa, Defendants. No. C98-4084-MWB. United States District Court, N.D. Iowa, Western Division. May 5, 1999. *1028 *1029 *1030 *1031 *1032 *1033 Tiffany B. Klosener, Roxanne Barton Conlin, Roxanne Conlin & Associates, P.C., Des Moines, Io...
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*1241 ORDER Before the Court are Defendants’ Motion to Dismiss the Consolidated Class Action Complaint (the “Complaint”) and Plaintiffs’ Motion to Strike Maglione Declaration as to Stock Holdings and Exhibits 1, 2, 4, & 6 of Declaration of Maglione in Support of Motion to Dismiss. Resolution of the motions requires this Court to: (i) discern the relevant standards of review and l...
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55 F. Supp. 2d 1148 (1999) David Lawrence WILSON, Petitioner, v. A. HERRERA, Warden, Respondent. Civ.A.No. 99-K-765. United States District Court, D. Colorado. June 9, 1999. David Lawrence Wilson, FCI Florence, Florence, CO, pro se. Thomas L. Strickland, U.S. Attorney, Paul J. Johns, Assistant U.S. Attorney, Denver, CO, for respondent. MEMORANDUM OPINION AND ORDER KANE, Senior District Judge. Pe...
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*877 MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S MOTION TO DISMISS OR IN THE ALTERNATIVE POR MORE DEFINITE STATEMENT [[Image here]] Novel claims and issues of statutory interpretation are presented in this dispute over whether a swine nursery and confinement facility in northwestern Iowa threatens an alluvial aquifer and the plaintiff property owners’ use and enjoymen...
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MEMORANDUM OPINION AND ORDER REGARDING MOTIONS TO DISMISS COUNTERCLAIMS A bench trial in this matter is scheduled to begin on July 6, 1999, but certain dis-positive motions are still pending. Consequently, this matter comes before the court pursuant the September 24, 1998, motion of plaintiffs-intervenors the Stock-dale Agency and Raymond L. Bryan to dismiss the proposed counterclaim of D.J.M. In...
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*495 ORDER In this consolidated appeal, the Appellants, Bokay Company and Sunset Vine Tower, Ltd., challenge the bankruptcy court’s orders denying their motions to allow the filing of their admittedly untimely proofs of claim against the AppelleeDebtor, the Celotex Corporation. 1 The Appellants contend that the bankruptcy court erred in disallowing their claims bec...
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56 F. Supp. 2d 1095 (1999) CITY OF SOUTH PASADENA; National Trust for Historic Preservation; Sierra Club; California Preservation Foundation; Los Angeles Conservancy; Pasadena Heritage; South Pasadena Preservation Foundation; South Pasadena Unified School District, Plaintiffs, v. Rodney E. SLATER, Secretary of Transportation; Kenneth R. Wykle, Federal Highway Administrator; Federal Highway Admini...
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ORDER GRANTING STAY THIS MATTER came before the Court on December 30, 1998. The Confederated Tribes of the Colville Reservation and the Spokane Tribe of Indians move the Court to stay the judgments entered against them. The Confederated Tribes were represented by Bruce R. Greene and Timothy Brewer; the Spokane Tribe by Scott D. Crowell and David R. Lundgren. The United States was represented by...
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52 F. Supp. 2d 484 (1999) Michelle McLAUGHLIN and Tommy McLaughlin, w/h, Plaintiffs, v. ROSE TREE MEDIA SCHOOL DISTRICT, et. al., Defendants. No. Civ.A. 97-5088. United States District Court, E.D. Pennsylvania. June 16, 1999. *485 *486 *487 Gilda L. Kramer, Philadelphia, PA, for plaintiffs. Deborah J. Nathan, Michael I. Levin & Associates, Huntingdon Valley, PA, for defendants. MEMORANDUM AN...
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OPINION Plaintiff On Davis (“Davis”) has moved, pursuant to Rule 59(e) of the Federal Rules of Civil Procedure and Local Rule 6.3, for reconsideration of this Court’s opinion of April 9, 1999 (the “Opinion”) granting defendant The Gap Inc.’s (the “Gap”) motion for summary judgment. For the reasons set forth below, Davis’ motion is denied. The Parties Davis is the creator and designer of Ono-e...
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MEMORANDUM OPINION On July 11, 1993, Defendant Virginia Aubrey successfully applied for widow’s insurance benefits as the widow of one of her previous husbands, R.M. Aubrey. Defendant failed to inform the social security administration that she was then married to Richard Hubert. Had the defendant mentioned her existing marriage, she would not have qualified for benefits. Because she refraine...
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MEMORANDUM OPINION AND ORDER Plaintiffs Brenda Randle and Pamala Edwards have filed a class action 1 suit against defendants GC Services, L.P. (“GC Services”), DLS Enterprises, Inc., and GC Financial Corporation, alleging violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Defendants move for summary judgment, arguing that: (1) GC Servic...
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OPINION The defendants Fordham University (“Fordham”), Fordham University School of Social Work (the “School”), Fordham University Security Officers Joseph O’Hare, Maryna Quaranta, Susan Egan, Elaine Gerald, Maxine Lynn, Bertram Beck, Wilma M. David, Doris Bronson, William S. Dolan, Shea, Mr. Carroll, Ms. Covello, George Henshaw and Mike Swika-ta (the “individual Fordham Defendants”) ...
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MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Presently before the Court are the parties’ cross motions for summary judgment. This case concerns a dispute between plaintiff Ronald T. Guzy, a retired Ameri-tech employee, and defendants Ameritech Corporation, Ameritech Management Pension Plan, State Stre...
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51 F. Supp. 2d 1311 (1999) Billy SEXTON, d/b/a Highland Home Propane Gas & Appliance Co., Plaintiff, v. G & K SERVICES, INC.; Mark Chilton; Craig A. Wood; et al., Defendants. No. Civ.A. 99-A-280-N. United States District Court, M.D. Alabama, Northern Division. June 10, 1999. Jere L. Beasley, Wilson D. Miles, Montgomery, AL, for plaintiff. Henry C. Barnett, Joseph B. Lewis, Montgomery, AL,...
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54 F.Supp.2d 393 (1999) MEMBERS FIRST FEDERAL CREDIT UNION, Plaintiff, v. MEMBERS IST FEDERAL CREDIT UNION, Defendant. No. Civ.A. 1:CV-96-2210. United States District Court, M.D. Pennsylvania. April 23, 1999. *394 *395 *396 Lewis F. Gould, Jr., Steele, Gould & Fried, Philadelphia, PA, Andrew H. Cline, David R. Fine, Kirkpatrick & Lockhart, Harrisburg, PA, Donald L. Cox, Mary Janice Lintne...
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MEMORANDUM AND ORDER I. INTRODUCTION This case arises out of an action seeking full faith and credit for judgments entered by a Florida court against Florida Casino Cruis*16es, Inc. (“Florida Casino”), in favor of three personal injury plaintiffs, Abby Mach, Phyllis Rosenberg and Paul Rosenberg. Default was entered on February 9, 1999, against Florida Casino due to its failure to answer or otherw...
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PRACTICE AND PROCEDURE ORDER NO. 9 AND MEMORANDUM IN EXPLANATION Memorandum in Explanation of Order No. 9 I. Introduction At the hearing of record on March 18, 1999, the court, in an order designated as Practice and Procedure Order No. 7, denied the Defendants’ Motion to Vacate Practice and Procedure Order No. 6 (Docket No. 54) denying Defendants’ Motion to Dismiss (Docket No. 30) without prejud...
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52 F. Supp. 2d 244 (1999) John W. BAKER and Susan Baker, Plaintiffs, v. Trudy COXE, Thomas W. French, Jay Copeland, Patricia A. Huckery, Bradford G. Blodget, Jane W. Mead, Susan F. Tierney, and Janet G. McCabe, Defendants. No. Civ.A. 95-12477-PBS. United States District Court, D. Massachusetts. June 8, 1999. Robert H. D'Auria, Bedford, MA, for John W. Baker, plaintiff. Richard H. Spicer, Lucy A. ...
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MEMORANDUM OPINION Plaintiffs filed suit on behalf of Roger Langford, deceased, alleging that he died as a result of injuries sustained while employed by defendant Santa Fe International Corporation (plaintiffs allege specifically that Robert Langford died as a result of injuries incurred while fighting oh fires for defendants in Kuwait). Plaintiffs (all residents of Texas) allege that divers...
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MEMORANDUM OPINION This removal case marks the third attempt of counsel for plaintiffs to seek damages under the laws of Texas for a North Sea oilfield accident where all of the witnesses and corporations involved were United Kingdom residents. The first suit was filed against Cooper Cameron Corporation in the Galveston Division of the United States District Court for the Southern Dis...
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70 F.Supp.2d 1061 (1999) Mohammad YOUSEFI and David Kane, on behalf of themselves and all others similarly situated, Plaintiffs, v. LOCKHEED MARTIN CORPORATION, Vance Coffman, Marcus Bennett, Norman Augstine, Vincent Marafino, James Blackwell, and Thomas Corcoran, Defendants. Joseph Edmonds, on behalf of himself and all others similarly situated, Plaintiff, v. Lockheed Martin Corporation, Vance C...
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52 F.Supp.2d 297 (1999) NATIONWIDE MUTUAL INS. CO., Plaintiff, v. Orlando Otero PEREZ, et. al., Defendant. Nos. CIV. A. 97-2172(JP), CIV. A. 97-2347. United States District Court, D. Puerto Rico. June 9, 1999. *298 Harry R. Nadal-Arcelay, Cancio, Nadal, Rivera & Diaz, San Juan, PR, for Nationwide Mutual Insurance Company, plaintiff. Ignacio Rivera-Cordero, San Juan, PR, Francisco M. Lopez-Rom...
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51 F.Supp.2d 1099 (1999) PREMIUM TOBACCO STORES, INC., a California corporation d/b/a Cigarettes Cheaper; The Pop Broker, Inc., a Colorado corporation; and Young Shim Kim d/b/a MJ Sales Co., Plaintiffs, v. Fred FISHER, Executive Director, Department of Revenue, State of Colorado in his official capacity, Defendant. No. 99-K-869. United States District Court, D. Colorado. June 11, 1999. *1100 *110...
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52 F. Supp. 2d 301 (1999) Rose Marie SANTIAGO ROSARIO, et. al., Plaintiffs, v. ESTADO LIBRE ASOCIADO DE PUERTO RICO, et. al., Defendants. No. Civ A 99-1346(JP). United States District Court, D. Puerto Rico. June 9, 1999. Felix A. Rodriguez Mejia, Hato Rey, PR, for plaintiffs. Jose Javier Santos Mimoso, United States Attorney's Office, Hato Rey, PR, for defendants. OPINION & ORDER PIERAS, Sen...
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55 F. Supp. 2d 528 (1999) UNITED STATES of America, Plaintiff, v. Henry M. HENSON, Defendant. No. 2:99-00068. United States District Court, S.D. West Virginia, Charleston Division. June 14, 1999. Steve Loew, Assistant U.S. Attorney, Charleston, WV, for plaintiff. George H. Lancaster, J., Assistant Federal Public Defender, Charleston, WV, for defendant. MEMORANDUM OPINION AND ORDER HADEN, Chief J...
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ORDER Now before the Court are the United States’ Individual Defendants’ Motion to Dismiss, filed September 23, 19981 and Plaintiffs Motion for Continuance, filed March 10, 1999. Defendants filed their motion to dismiss on September 23, 1998. The Court notified Plaintiff on January 6, 1999 that he had fifteen (15) days from the date of the Order to file a response to the motion if he chose to d...
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51 F.Supp.2d 889 (1999) BEST BUY CO., INC. a Minnesota corporation, and Best Buy Stores, L.P., a Delaware Limited Partnership, Plaintiffs, v. The HARLEM-IRVING COMPANIES, INC., an Illinois corporation, Defendant. No. 98 C 926 United States District Court, N.D. Illinois, Eastern Division. June 3, 1999. *890 *891 *892 Mark Nicholas Kevin A. Shaw, Senak, Robins, Kaplan, Miller & Ciresi, Chicago,...
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MEMORANDUM OF DECISION AND ORDER Mary Lambertson (“Lambertson” or the “plaintiff’) initiated this action against Kerry Ingredients, Inc. (“Kerry” or the “defendant”) by filing a complaint in the Supreme Court of the State of New York, County of Nassau. The complaint, dated June 1, 1998, alleges that she was subjected to gender based discrimination and sexual harassment in violation of...
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OPINION In this action, plaintiffs claim that defendants failed to disclose an allegedly improper advisory compensation arrangement for managing seven closed-end investment companies. Defendants jointly move for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c) dismissing plaintiffs’ state law claims for breach of fiduciary duty and deceit on the ground that they are preempted ...
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MEMORANDUM & ORDER Presently before the Court in these cases alleging securities fraud, which have been consolidated for pre-trial purposes, see May 25, 1999 Memorandum and Order, In re Oxford Health Plans, Inc., Sec. Litig., 182 F.R.D. 42 at n. 1 (S.D.N.Y.1998), is the motion pursuant to Rule 12(b)(6) and Rule 9(b), Fed.R.Civ.P., of defendants Oxford Health Plans, Inc. (“Oxford”), and the indivi...
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OPINION Defendant Nippon Credit' Trust Co. (“Nippon”) has moved pursuant to Rule 12(b)(6); Fed.R.Civ.P., to dismiss a claim against it for unjust enrichment brought by plaintiffs Mina Investment Holdings Ltd. (“Mina”) and Pentium Capital Holdings, Ltd. (“Pentium”) (collectively, the “Plaintiffs”), on the ground that Plaintiffs have once again failed to state a claim upon which relief ...
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52 F. Supp. 2d 1183 (1999) Gretchen DUMAS, as Guardian ad litem for Nicholas Chaset, and Irene Torres, as Guardian ad litem for Jon Rodriquez, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. MAJOR LEAGUE BASEBALL PROPERTIES, INC., Major League Baseball Players Association, NBA Properties Inc., National Football League Players Association d/b/a NFL Players, Inc., and Play...
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52 F.Supp.2d 1170 (1999) Gretchen DUMAS, as Guardian ad litem for Nicholas Chaset, and Irene Torres, as Guardian ad litem for Jon Rodriques, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. MAJOR LEAGUE BASEBALL PROPERTIES, INC., Major League Baseball Players Association, NBA Properties, Inc., National Football League Players Association d/b/a NFL Players, Inc., and Playe...
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MEMORANDUM OPINION This matter is before the Court on the separate motions of Defendant Libbey-Owens Ford Co. (“LOF”) and Defendants Aluminum, Brick and Glass Workers International Union, AFL — CIO, CLC and Aluminum, Brick and Glass Workers International Union, AFL — CIO, CLC, Ross-ford, Local 9G (“the Unions”) to dismiss. For the following reasons, LOF’s motion will be granted, although Plaint...
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50 F.Supp.2d 539 (1999) Carlos Arnoldo Vanegas AGUILAR, Petitioner, v. Warren A. LEWIS, Immigration and Naturalization Service District Director, Respondent. No. Civ.A. 99-662-A. United States District Court, E.D. Virginia, Alexandria Division. June 11, 1999. *540 Julien A. Graystone, Law Offices of Julien A. Graystone, Ana T. Jacobs, Ana T. Jacobs & Associates, Washington, DC, for petitioner...
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51 F.Supp.2d 605 (1999) UNITED STATES of America, Plaintiff, v. Vincenzo CIRILLO, Defendant. No. MISC. 99-393-1. United States District Court, E.D. Pennsylvania. June 8, 1999. *606 Theodore Simon, Philadelphia, PA, for Vincenzo Cirillo, Defendant. Linwood C. Wright, Jr., Philadelphia, PA, for U.S. MEMORANDUM ROBRENO, District Judge. I. INTRODUCTION Defendant, Vincenzo Cirillo, is a Canadian nat...
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MEMORANDUM ORDER Plaintiff Robot Wars LLC promotes and produces robotic combat events — -“sporting” competitions in which mechanical gladiators designed and operated by independent “robot builders” square off in a bloodless variation of cockfighting. Formed in 1994 as a joint venture between non-parties Marc Thorpe and Profile Holdings, Inc. (f/k/a Profile Records, Inc.), Robot Wars held publ...
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OPINION & ORDER Petitioner moves pursuant to Fed. R.Civ.P. 60(b) for relief from a judgment of this Court dated December 9, 1997, entered pursuant to an Opinion and Order dated December 1, 1997, denying its petition for an order directing delivery of a definitive bearer bond to it, and pursuant to Fed.R.Civ.P. 15(a) to amend its petition. As set forth below, petitioner’s motion is den...
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54 F.Supp.2d 837 (1999) Thomas PRICE, Petitioner, v. Odie WASHINGTON, Respondent. No. 98 C 6989. United States District Court, N.D. Illinois, Eastern Division. June 9, 1999. *838 Thomas Price, East Moline, IL, pro se. Lisa Anne Hoffman, Chief of Criminal Appeals, Illinois Attorney General's Office, Chicago, IL, for defendant. MEMORANDUM OPINION AND ORDER CASTILLO, District Judge. Thomas Price fi...
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OPINION This is a proceeding brought pursuant to 26 U.S.C. § 7609(b)(2)(A) to quash four administrative summonses issued by the Internal Revenue Service. Two of the summonses were issued on October 23, 1998, and two were issued on October 26, 1998. The summonses were directed to Huntington Bank in Parma, OH; the CU Financial Group in Grand Rapids, MI; NBD Bank in Grand Rapids, MI; and...
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51 F.Supp.2d 597 (1999) UNITED STATES of America v. Luis Humberto BARBOSA. No. CRIM. 98-383. United States District Court, E.D. Pennsylvania. June 8, 1999. *598 Judy Goldstein-Smith, Asst. U.S. Atty., United States Attorney's Office, Philadelphia, PA, for U.S. Mark Wilson, Defender Association of Philadelphia, PA, for defendant. MEMORANDUM DALZELL, District Judge. Two vexing legal problems are a...
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52 F.Supp.2d 536 (1999) GUARDIAN INSURANCE COMPANY, Plaintiff, v. BAIN HOGG INTERNATIONAL LIMITED and Eagle Star Reinsurance Company Limited, Defendants. No. Civ. 1996-0180. District Court, Virgin Islands, D. St. Thomas and St. John. June 9, 1999. *537 *538 Adam G. Christian, Hodge & Francois, St. Thomas, U.S.V.I., for plaintiff. Henry L. Feuerzeig, Simone R.D. Francis, Dudley, Topper, and Fe...
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OPINION AND ORDER In this consolidated class action, plaintiffs sue Philip Services Corporation (“PSC”), several of its current and former officers and directors, 17 underwriters (the “Underwriter Defendants”) and De-loitte & Touche (“Deloitte”), alleging violations of several federal securities laws. Defendants move to dismiss plaintiffs’ Consolidated and Amended Class Action Complaint (...
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MEMORANDUM AND ORDER This matter is before the court on the appeals of Appellants Luciano Popa (“Popa”) and the United States of America on behalf of the Internal Revenue Service (“IRS”) from a judgment of the bankruptcy court determining that: (1) Popa’s wife' (“Spouse”) was not entitled to a homestead exemption on certain real property under 735 ILCS 5/12-901 because Popa, not his Spous...
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MEMORANDUM OF DECISION AND ORDER On September 17, 1998, Laurie Carrón filed a complaint on behalf of her daughter, Elissa Carrón, an infant, and herself (the “plaintiffs”) against Holland American Line-Westours Inc. (“Holland”), Wind Surf Limited (“Wind Surf’), and HAL Cruises Limited (“HAL”) (collectively the “defendants”) alleging personal injuries sustained by Elissa Carrón resulti...
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48 F. Supp. 2d 729 (1999) Margaret BELCHER, et al., Plaintiffs, v. OHIO DEPARTMENT OF HUMAN SERVICES, et al., Defendants. No. 97CV00530. United States District Court, S.D. Ohio, Eastern Division. June 9, 1999. *730 *731 *732 Christopher King, Columbus, OH, for plaintiffs. Bonnie Linda Maxton, Jeffrey Lynn Glasgow, Anne E. Thomson, Franklin County Prosecutor's Office, Columbus, OH, for defendant. ...
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MEMORANDUM AND ORDER Presently before the court is the defendant’s motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction because of plaintiffs failure to exhaust the administrative remedies available under the postal regulations for seeking indemnification for undelivered, registered mail. This is an action involving two lost packag...
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110 F.Supp.2d 482 (1999) Mohiuddin YOUSUF v. UHS OF DE LA RONDE, INC. No. Civ.A. 97-0614. United States District Court, E.D. Louisiana. June 11, 1999. *483 Ronald Lawrence Wilson, New Orleans, LA, for Plaintiff. Ewell E. Eagan, Jr., Donna Phillips Currault, Marcy V. Massengale, Gordon, Arata, McCollam, Duplantis & Eagan LLP, New Orleans, LA, for Defendant. ORDER AND REASONS LIVAUDAIS, Distri...
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52 F. Supp. 2d 231 (1999) Loretta ROLLAND, et al., Plaintiffs, v. Argeo Paul CELLUCCI, et al., Defendants. No. Civ.A. 98-30208-KPN. United States District Court, D. Massachusetts. June 4, 1999. *232 *233 Richard D. Belin, Nima R. Eshghi, Foley, Hoag & Eliot, Boston, MA, Steven J. Schwartz, Center for Public Representation, Northampton, MA, Cathy E. Costanzo, Center for Public Representation, ...
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52 F. Supp. 2d 611 (1999) Eddie McCALL, Plaintiff, v. Lieutenant Dwight WILLIAMS, Sheriff Jack McCrea, and Williamsburg County Sheriff's Department, Defendants. No. Civ.A. 2:97-1798-18. United States District Court, D. South Carolina, Charleston Division. May 19, 1999. *612 *613 William Joseph Barr, Kingstree, SC, for plaintiff. Robert Thomas King, Florence, SC, for defendant. *614 ORDER NORTON...
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51 F. Supp. 2d 167 (1999) UNITED STATES of America, Plaintiff, v. UNITED TECHNOLOGIES, CORP., SIKORSKY AIRCRAFT DIVISION, Defendant. No. 5:92-CV-375 (EBB). United States District Court, D. Connecticut. June 7, 1999. *168 *169 *170 Alan M. Soloway, Asst. U.S. Attorney, U.S. Attorney's Office, New Haven, CT, Russell B. Kinner, U.S. Department of Justice, Washington, D.C., for plaintiff. James T. Co...
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51 F. Supp. 2d 900 (1999) UNITED STATES of America, Plaintiff, v. Antonio ROSARIO, et al., Defendants. No. 97 CR 510. United States District Court, N.D. Illinois, Eastern Division. June 10, 1999. *901 Frederick F. Cohn, Frederick F. Cohn Limited, Chicago, IL, for Antonio Rosario aka Project Tony, defendant. Steven Shobat, Cesar & Shobat, Chicago, IL, for Samuel Santana aka Sam Dog, defendant....
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MEMORANDUM OPINION This matter comes before the Court upon Defendants’ Motion to Dismiss [# 12]. Plaintiff, Trifax Corporation, brings suit against the District of Columbia, various agencies of the District of Columbia, 1 and various District of Columbia officials in both their official and individual capacities, 2 alleging Constitutional and common law violations. Count I of Plaintiffs C...
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54 F. Supp. 2d 7 (1999) NATIONAL PARK AND CONSERVATION ASS'N, et al., Plaintiffs, v. Robert STANTON, Director, Nat'l Park Serv., et al., Defendants. Civil Action No. 98-615(GK). United States District Court, District of Columbia. June 14, 1999. *8 *9 David Allen Kikel, Hogan & Hartson, L.L.P., Washington, DC, for plaintiffs. Heidi Kukis, U.S. Department of Justice, Environment & Natural R...
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51 F. Supp. 2d 858 (1999) Debra Ann BLOUGH, Plaintiff, v. HAWKINS MARKET, INC., Supervalu Holding, Inc. dba NC & T Supermarkets, Inc., and William Mowrer, Defendants. No. 5:98-CV-0825. United States District Court, N.D. Ohio, Eastern Division. June 7, 1999. *859 *860 David C. Knowlton, Kennedy, Cicconetti & Rickett, Wooster, OH, for Debra Ann Blough, plaintiff. Vincent Joseph Tersigni, Bu...
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MEMORANDUM OPINION AND ORDER Plaintiff Braulia Martinez filed this action against the Commissioner of the Social Security Administration challenging the denial of her application for a period of disability, Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”) under the Social Security Act, 42 U.S.C." §§ 416(1), 423, and 1382. The court has jurisdiction to review the ...
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52 F. Supp. 2d 817 (1999) Levarst HULLETT Jr., Plaintiff, v. Rick SMIEDENDORF, et al., Defendants. No. 1:98-CV-273. United States District Court, W.D. Michigan, Southern Division. June 11, 1999. *818 *819 Nelson P. Miller, Fajen & Miller, Grand Haven, MI, for Levarst Hullett, Jr., pltfs. Richard H. Winslow, Cummings, McClorey, Davis & Acho, PC, Battle Creek, MI, for Rick Smiedendorf, Stev...
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OPINION Plaintiffs, Sandra VanDenBroeck, Eugene and Carol Nichoson, and Abel and Denise Soto, filed this action on October 16, 1998, in Kent County Circuit Court on behalf of themselves and others against Defendants, CommonPoint Mortgage Company (“CommonPoint”), ContiMort-gage Corporation (“ContiMortgage”), and GreenTree Financial Corporation (“Green-Tree”). In their complaint, Plaint...
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54 F. Supp. 2d 831 (1999) UNITED STATES ex rel. Jamie JACKSON, Petitioner, v. Odie WASHINGTON and George Detella, Respondents. No. 97 C 6893. United States District Court, N.D. Illinois, Eastern Division. May 28, 1999. *832 Jamie Jackson, Joilet, IL, pro se. Daniel Thomas Coyne, Chicago, IL, for petitioner. William Lloyd Browers, Illinois Attorney General's Office, Chicago, IL, for respondent. M...
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MEMORANDUM OPINION AND ORDER Defendant Frank Clay (“Clay”), a federal prisoner, has filed a pro se petition for a writ of error coram nobis pursuant to 28 U.S.C. § 1651. Clay claims that his conviction should be overturned because several participants in his criminal activities testified at his trial pursuant to cooperation agreements with the Government in violation of 18 U.S.C. § 201(c)(2). Fo...
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54 F.Supp.2d 713 (1999) UNITED STATES of America, Plaintiff, v. Eliseo Caldera ALVAREZ, Jr., Raul Santiago Gonzales-Garcia, and Dale Brian Jones, Defendants. No. 1:98-CR-110. United States District Court, W.D. Michigan, Southern Division. March 26, 1999. *714 Paul J. Denenfeld, Asst. Fed. Defender, Federal Public Defender, Grand Rapids, MI, David Stebbins, David C. Stebbins, Attorney at Law, Colu...
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*857 OPINION Defendant, John Lilly, was indicted on one count of distribution of cocaine causing death (Count I), two counts of distribution of cocaine to a person under age 21 (Counts II and IV), one count of distribution of cocaine (Count III), and one count of establishment of a place to distribute and use controlled substances (Count V). The sole issue addressed in this Opinion is Defen...
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52 F.Supp.2d 856 (1999) UNITED STATES of America ex rel., Jameel DRAIN, Petitioner, v. Odie WASHINGTON, Respondent. No. 97 C 748. United States District Court, N.D. Illinois, Eastern Division. May 28, 1999. *857 *858 Jameel Drain, Dixon, IL, pro se. Chief of Criminal Appeals, Illinois Attorney General's Office, Chicago, IL, for respondent. MEMORANDUM AND ORDER MANNING, District Judge. Petitioner...
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52 F. Supp. 2d 804 (1999) James P. SUMMERVILLE, Plaintiff, v. ESCO COMPANY LIMITED PARTNERSHIP, Defendant. No. 1:98-CV-412. United States District Court, W.D. Michigan, Southern Division. May 12, 1999. *805 *806 Nelson P. Miller, Fajen & Miller, Grand Haven, for James P. Summerville, pltfs. Martha W. Atwater, Warner, Norcross & Judd, LLP, Grand Rapids, for ESCO Company Limited Partnership...
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(Sitting by Designation) Presently before the Court is the intervening counterclaim defendants' 1 motion in limine seeking the following actions: (1) that the Court take judicial notice of the fact that Map 1037-3, later *345 recorded as PWD D9-1330-T77, was filed with the Court on March 17,1977; (2) admission of the Finucan Certificate, the April 4,1977 Order of this Court, and the Pallme ...
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51 F.Supp.2d 812 (1999) Brian KUSZEWSKI, a minor, by his parents, Richard KUSZEWSKI and Cindy Kuszewski, Plaintiff, v. CHIPPEWA VALLEY SCHOOLS, Defendant. No. 96-74316. United States District Court, E.D. Michigan, Southern Division. June 3, 1999. *813 John G. Makris, Troy, MI, for plaintiff. Robert A. Lusk, Keller, Thoma, Schwarze, Schwarze, DuBay & Katz, Detroit, MI, for defendant. OPINION ...
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55 F. Supp. 2d 860 (1999) Josephine CHUFFO and Diane Simon, Administrators of the Estate of Ethel A. Hare, Plaintiffs, v. Kenneth RAMSEY as Sheriff of Kane County; The County of Kane, a municipal corporation; Lisa Zegar; Correctional Medical Services of Illinois, Inc., Defendants. No. 98 C 1720. United States District Court, N.D. Illinois. May 28, 1999. *861 Michael W. Clancy, Clancy & Krippn...
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115 F. Supp. 2d 1311 (1999) Dorothy COOPER, Plaintiff, v. DIVERSICARE MANAGEMENT SERVICES CO., INC., Defendant. No. CIV. A. 98-W-194-S. United States District Court, M.D. Alabama, Southern Division. May 10, 1999. *1312 Banks Thomas Smith, Dothan, AL, for Plaintiff. Thomas L. Oliver, II, Gregg L. Smith, Birmingham, AL, for Defendant. MEMORANDUM OPINION AND ORDER WALKER, United States Magistrate J...
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MEMORANDUM OPINION AND ORDER Before the court is defendant Captain James Hartsfield’s motion for summary judgment. For the following reasons, the court (1) dismisses with prejudice plaintiffs § 1983 claim against defendant Captain James Hartsfield in his official capacity and (2) grants summary judgment in favor of Captain Hartsfield on plaintiffs § 1983 claim against Captain Hartsfield in hi...
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OPINION This is an action commenced by plaintiff and counterclaim defendant Syncsort Incorporated (“Syncsort”) against defendant and counterclaim plaintiff Sequential Software, Inc. (“Sequential”). In a complaint (the “Complaint”), filed by Syncsort on 26 February 1998, Syncsort seeks injunctive relief and compensatory and punitive damages for alleged misappropriation of trade secrets, fa...
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52 F.Supp.2d 1117 (1999) Perfecto N. SABA, et al., Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. C 98-3196 JL (PR). United States District Court, N.D. California. February 8, 1999. *1118 *1119 William R. Gardner, San Francisco, CA, for Petitioner. Robert Yeargin, U.S. Attorney's Office, San Francisco, CA, for Respondent. ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS...
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54 F. Supp. 2d 379 (1999) AMERICAN CYANAMID CO., Plaintiff, v. NUTRACEUTICAL CORP., Defendant. No. Civ.A. 97-2018. United States District Court, D. New Jersey. May 28, 1999. *380 *381 Donald A. Robinson, Robinson, Lapidus & Livelli, Newark, NJ, for plaintiff. Peggy A. Tomsic, Casey K. McGarvey, Berman, Gaufin, Tomsic & Savage, Salt Lake City, UT, Gerald T. Ford, Diane J. Ruccia, Landman C...
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MEMORANDUM OF DECISION AND ORDER On September 16, 1996 the plaintiff, Penlyn Development Corporation (“Pen-lyn”), filed a complaint against the defendants, the Incorporated Village of Lloyd Harbor (the “Village”), and various Planning Board members of the Village (the “individual board members”), in their individual and official capacities (collectively, the “defendants”), alleging th...
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Memorandum Opinion Now before the Court is a motion for summary judgment filed by Defendant, Young Men’s Christian Association (“YMCA”), on April 15, 1999. (Doc. 11). The motion is accompanied by a brief and evidence in support of the motion. Plaintiff, Grace Lewis, has filed evidence and submitted a brief in opposition to the motion, and the YMCA has submitted a brief in reply thereto. I...
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51 F. Supp. 2d 661 (1999) Brenda Lynn FRANKLIN, Plaintiff, v. KING LINCOLN-MERCURY-SUZUKI, INC., Defendant. No. CIV. A. AW-98-3432. United States District Court, D. Maryland, Southern Division. June 16, 1999. *662 Damon L. Bell, Rockville, MD, for Plaintiff. Kevin C. McCormick, Melissa Lynn Menkel, and Whiteford, Taylor and Preston, Baltimore, MD, for Defendant. MEMORANDUM OPINION WILLIAMS, Dist...
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OPINION AND ORDER Robert C. White (“petitioner”)' brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254, seeking to set aside a September 30, 1993 judgment of the County Court of Süllivan County (Vogt, J.), convicting him, after a jury trial, of sodomy in the first degree (sixteen counts), sodomy in the second degree (sixteen counts), and sexual abuse in the first degree (si...
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MEMORANDUM OPINION AND ORDER On this day, the Court considered Jose Cedillo-Gonzalez’s (“Petitioner”) Motion to *654 Alter or Amend Judgment Pursuant to Rule 59(e), filed on March 16, 1999, in the above-captioned cause. The Immigration and Naturalization Service (“INS”) filed its Opposition to Petitioner’s Motion on April 9, 1999. After due consideration, the Court is of ...
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MEMORANDUM OPINION This pro se 42 U.S.C. § 1983 action presents the question, unresolved in this circuit, whether inmates seeking solely monetary relief are required to exhaust their administrative remedies in a prison grievance system that does not award monetary damages. For the reasons that follow, 42 U.S.C. § 1997e(a), correctly construed, requires inmates seeking solel...
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ORDER This case is before the Court on the Parties’ cross-motions for partial summary judgment, [# 6-1] and [# 12-1], as well as Plaintiffs Motion to Exceed Page Limit [# 11-1]. I. BACKGROUND . The issue for decision in this case presents a conflict between national telecommunications policy, as expressed in the Telecommunications Act of 1996, and the land use decisions of l...
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MEMORANDUM and ORDER Presently before the court is defendant’s motion to dismiss under Rule 12(b)(6). For the reasons discussed below, the motion will be denied.1 Facts Plaintiff Joe Smith was employed at Thomas Jefferson University (Jefferson) for over thirty years, rising to the position of Director of the Department of Pharmacy. After being struck with polio at age fourteen, Dr. Smith has co...
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51 F. Supp. 2d 1080 (1999) CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, Plaintiff, v. Robert BLAZER d/b/a Bird Off Paradise Lounge; and Tina Petruccio, Defendants. No. CV-S-9801013PMP(RJJ). United States District Court, D. Nevada. April 27, 1999. *1081 *1082 David Barron, William H. Pruitt, Lefebvre, Barron & Vivone, Las Vegas, NV, for plaintiff. Robert K. Sparks, Law Offices of Ro...
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52 F. Supp. 2d 1160 (1999) UNITED STATES, Plaintiff, v. FUNDS REPRESENTING PROCEEDS OF DRUG TRAFFICKING IN THE AMOUNT OF $75,868.62 Transferred to Account Number XXXXXXXXXX, Located at Leumi Bank, Miami Florida, Defendant. Corporacion E. Inversiones Shemtov, Claimant. No. CV981094AHMRNBX. United States District Court, C.D. California. June 11, 1999. *1161 Alejandro N. Mayorkas, United States Atto...
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ORDER I. Procedural History Plaintiffs filed suit against Defendants City of Macon and its Mayors David Carter and James Marshall, against its Chief of Police, James Avera, and police officers Captain Henry Gibson and Detective Carolyn Glover. She seeks relief under 42 U.S.C. § 1983, claiming her rights were violated under the Fourth, Fifth and Fourteenth Amendments of the United States Constit...
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54 F. Supp. 2d 706 (1999) GREAT LAKES CONTAINER CORPORATION, Plaintiff, v. COLUMBUS STEEL DRUM COMPANY, INC., et al., Plaintiffs and Defendants, and Frank J. Kelley, et al., Plaintiffs, v. Great Lakes Container Corporation, et al., Defendants. and International Minerals and Chemical Corporation, Defendant, Counter-Plaintiff and Third-Party Plaintiff, v. A.G. Simpson, Inc., et al., Third-Party Def...
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ORDER I referred this habeas corpus petition to Magistrate Judge Peck on October 28, 1998. On March 19, 1999, Judge Peck issued a Report and Recommendation which recommended that petitioner’s request for habeas relief be dismissed without prejudice as a mixed petition. The Report and Recommendation advised the parties of their obligation to file timely objections under 28 U.S.C. ...
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MEMORANDUM OF DECISION AND ORDER The pro se habeas corpus petitioner, Charles E. Friedgood (“Friedgood” or the “petitioner”), filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, in which he claimed the following six grounds for relief: (1) the prosecution failed to prove his guilt beyond a reasonable doubt; (2) prosecutorial misconduct; (3) the trial ...
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106 F. Supp. 2d 1243 (1999) Joyce Ann REYNOLDS, Plaintiff, v. GOLDEN CORRAL CORP., et al., Defendants. No. Civ.A. 97-W-1295-S. United States District Court, M.D. Alabama, Southern Division. March 11, 1999. *1244 Jennifer Lynn Atwell, Dothan, AL, Matthew C. Lamere, Dothan, AL, for plaintiff. William C. Carn, III, Dothan, AL, for defendants. MEMORANDUM OPINION AND ORDER WALKER, United States Magis...
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54 F. Supp. 2d 410 (1999) UNITED STATES OF AMERICA ex rel. JOHN DOE I and John Doe II, Plaintiff, v. PENNSYLVANIA BLUE SHIELD, Xact Medicare Service, Inc., Defendant. No. 4:CV-96-0611. United States District Court, M.D. Pennsylvania. June 16, 1999. *411 *412 David M. Barasch, United States Attorney, Anne Fiorenza, Assistant United States Attorney, Harrisburg, PA, Michael F. Hertz, Joyce R. Branda...
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MEMORANDUM AND ORDER Plaintiff Ricardo Arroyo (“Arroyo”) brought this action against defendants WestLB Administration, Inc. and West-deutsche Landesbank (collectively, the “Bank”) alleging racial discrimination and unlawful termination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (Title VII), the New York State Human Rights Law (“Stat...
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MEMORANDUM AND ORDER In this patent infringement action, defendant O.U.R. Scientific International, Inc. (“OSI”) moves for summary judgment of noninfringement of U.S.Patent 4,780,898 (“the ’898 Patent”), and plaintiff Elekta Instrument S.A. (“Elekta”) cross-moves for summary judgment of infringement. For the reasons set forth below, defendant’s motion for summary judgment is deni...
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57 F. Supp. 2d 568 (1999) MAN ROLAND INC., Plaintiff, v. QUANTUM COLOR CORP., Defendant. No. 98 C 7753. United States District Court, N.D. Illinois, Eastern Division. June 18, 1999. *569 David G. Lynch, Norman Mitchell Leon, Kim Matsunaga, Rudnick & Wolfe, Chicago, IL, for plaintiff. David S. Ruskin, James A. Marino, Law Offices of David S. Ruskin, Chicago, IL, for defendant. MEMORANDUM OPIN...
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ORDER SELECTING CLASS COUNSEL; LIFTING STAY OF PROCEEDINGS; AND DIRECTING PLAINTIFFS TO FILE ANY AMENDED COMPLAINT WITHIN TWENTY DAYS OF THE DATE OF THIS ORDER THIS CAUSE is before the Court on the Motion for Designation of Class Counsel, filed November 30, 1998, and denied by this Court on March 9, 1999. (See Omnibus Order, filed March 9, 1999, Sherleigh Assoc., L.L.C. v. Windmere-Durable Hold...
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MEMORANDUM AND ORDER This matter comes before the court on a dispute collateral to the complex prosecu *1165 tion of two doctors, three hospital executives, and two lawyers in an alleged Medicare Kickback scheme. After a nine-week jury trial, the jury convicted the two doctors and two of the hospital executives on conspiracy and other charges. 1 The dispute n...
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ORDER AND MEMORANDUM OF DECISION Plaintiff Pamela Fillion (“Plaintiff’) has brought suit against Defendants Houlton Band of Maliseet Indians (“the Band”) and Clair Sabattis (“Sabattis”), former tribal chief of the Band, claiming that Defendants terminated her because of her race, color, sex, and protected conduct. Plaintiff contends that the Band violated 42 U.S.C. § 1988 (Count I) and the Main...
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MEMORANDUM AND ORDER By Report and Recommendation dated May 26, 1999 (the “Report”), Magistrate Judge Peck recommended that the above petition for a writ of habeas corpus be denied without prejudice as a mixed petition. No timely objections having been filed (and petitioner having, apparently, see his letter to the Court dated June 14, 1999, commenced a proceeding to raise ...
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52 F. Supp. 2d 947 (1999) Ford OLINGER, Plaintiff, v. UNITED STATES GOLF ASSOCIATION, Defendant. No. 3:98CV0252RM. United States District Court, N.D. Indiana, South Bend Division. May 11, 1999. Thomas R. Lemon, William Douglas Lemon, Lemon Armey Hearn and Leininger, Warsaw, IN, John C. Hamilton, Hamilton Law Firm, South Bend, IN, for Ford Olinger, plaintiff. Edward A. Sullivan, III, Baker and Dan...
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56 F. Supp. 2d 1092 (1999) UNITED STATES of America, Plaintiff, v. Juan CAUSOR-SERRATO, Defendant. No. CR 98-4012-MWB. United States District Court, N.D. Iowa, Western Division. June 16, 1999. Peter E. Deegan, Jr., Special Asst. U.S. Atty., Sioux City, IA, for U.S. Jana Miner, Asst. Federal Public Defender, Sioux City, IA, for Juan Causor-Serrato. MEMORANDUM OPINION AND ORDER REGARDING THE GOVER...
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ORDER AND MEMORANDUM OF DECISION Plaintiff Judith E. Boudman (“Plaintiff’) was employed by Defendant Aroostook Band of Micmac Indians (“Defendant”) as an Assistant Health Director/Health Planner/Environmental Health Director. She has filed a Complaint asserting that Defendant terminated her because of her race and national origin in violation of the Maine Human Rights Act, Me.Rev.Stat. Ann. tit...
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MEMORANDUM AND OfiDER Plaintiff seeks judicial review, pursuant to Section 205(g) of the Social Security Act (the “Act”), 42 U.S.C. § 405(g), of a final determination of the Commissioner of Social Security (the “Commissioner”) denying his application for disability insurance benefits. • Plaintiff seeks a remand to the Commissioner to consider new evidence and a re-opening of an unappealed pri...
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DECISION and ORDER JURISDICTION The parties to this matter consented to proceed before the undersigned on' No *376 vember 27, 1995. The matter is presently before the court on Defendant’s motion for a new trial or to strike the past and future damages award and reduce the remaining damages, filed January 29, 1999 (Docket Item No. 56). BACKGROUND and FACTS ...
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MEMORANDUM AND ORDER The City of Goshen enacted an ordinance that would, among other things, make it illegal for members of the American Knights of the Ku Klux Klan to wear masks in public assembly. The United States Constitution protects a group’s speakers the right to anonymity when past harassment makes it likely that disclosing the members would impact the group’s ability to pursu...
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OPINION TABLE OF CONTENTS FACTUAL BACKGROUND.246 I. The Evidence at Trial.246 A. Ahmad Mohammad Ajaj.246 B. Mohammad Salameh.246 C. Mahmoud Abouhalima.247 D. Nidal Ayyad .247 II. The Rule 33 Motions .247 DISCUSSION.248 AYYAD’S CLAIMS.249 I. Trial Counsel’s Lack of Federal Criminal Practice Experience.250 II. Trial Counsel’s Failur...
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*529 MEMORANDUM AND ORDER I. INTRODUCTION This case is before us on Motions for Summary Judgment. Case No. 96-CV-4150 was filed in this court by Plaintiffs Computer Aid, Inc. and Computer Aid, Inc., Trading and d/b/a New Century Communications (hereafter, “Computer Aid”) on June 5, 1996. Computer Aid brought multiple causes of action against Defendants Hewlett-Packard Co...
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ORDER DISMISSING PETITION AND VACATING ORAL ARGUMENT This immigration habeas corpus petition is before me on the Government’s Motion to Dismiss filed April 28, 1999. The matter is set for hearing on June 28, 1999. After reviewing the parties’ briefs, I find oral argument would not materially assist me in deciding the issues raised and rule on the Motion as submitted. I GRANT the Government’s Mo...
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61 F. Supp. 2d 955 (1999) UNITED STATES of America, Plaintiff, v. Boyd L. WEHRBEIN, Jr., Defendant. No. 4:98CR3050. United States District Court, D. Nebraska. June 14, 1999. *956 William W. Mickle, II, Assistant United States Attorney, Omaha, NE, for Plaintiff. John C. Vanderslice, Federal Public Defender's Office, Lincoln, NE, for Defendant. MEMORANDUM AND ORDER KOPF, District Judge. This matte...
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MEMORANDUM AND ORDER This matter is presently before the court on defendants’ motion to dismiss plaintiffs third amended complaint (doc. 30). Specifically, defendants move to dismiss with prejudice plaintiffs complaint for failure to comply with the pleading requirements of Rules 8(a) and 9(b) of the Federal Rules of Civil Procedure. For the reasons set forth below, defendants’ motion...
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47 F.Supp.2d 1300 (1999) Donald C. BISHOP, Plaintiff, v. EMPIRE FIRE & MARINE INSURANCE COMPANY and Lanter Delivery Systems, Inc. Defendants. No. 98-2207-JWL. United States District Court, D. Kansas. April 22, 1999. *1301 James T. Thompson, Ronald L. Edelman, Edelman & Thompson, Kansas City, MO, for Donald C Bishop, plaintiff. Jan P. Helder, Jr., Norman Siegel, Sonnenschein, Nath & Ro...
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50 F. Supp. 2d 908 (1999) UNITED STATES of America, Plaintiff, v. Andres SALGADO-OCAMPO, Defendant. No. 97-239(2) (DSD/JMM). United States District Court, D. Minnesota. June 16, 1999. Daniel Martin Scott, Katherine Menendez, Federal Public Defender, Mpls, MN, for Andres Salgado-Ocampo, defendant. R.J. Zayed, Assistant U.S. Attorney, Minneapolis, counsel for plaintiff. ORDER DOTY, District Judge....
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52 F. Supp. 2d 1011 (1999) Ramon LERMA d/b/a Blue Screen Advertising, Robert Monteagudo, Delta Morales, Mario Omar d/b/a Biei Advertising, Yvette Velasquez d/b/a Mufflers for Less, and W46AR Channel 46, Plaintiffs, v. UNIVISION COMMUNICATIONS, INC., Defendant. No. 99-C-447. United States District Court, E.D. Wisconsin. June 11, 1999. *1012 Scott W. Hansen, Milwaukee, WI, for Plaintiffs. Thomas L....
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OPINION AND ORDER The Massachusetts Workers’ Compensation Trust Fund (“WCTF” or “Fund”) has appealed an order of the bankruptcy court which determined that a claim for reimbursement, filed by WCTF against a bankruptcy estate, was not entitled to priority status as an excise tax under the Bankruptcy Code. After considering the parties’ arguments, the court AFFIRMS the decision of the b...
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52 F. Supp. 2d 317 (1999) Louis DONATO, in his capacity as Administrator of the Estate of Gloria Zinni, and as Natural Guardian of the Heir-at-Law, and under certain Will and Trust Documents, Dana Zinni Donato, and as Trustee of the Estate of Domenic A. Zinni, Plaintiff, v. RHODE ISLAND HOSPITAL TRUST NATIONAL BANK and James Winoker, in their capacity as Co-Executors and Co-Trustees for the Trust...
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54 F. Supp. 2d 653 (1999) Patricia BRAGG, et al., Plaintiffs, v. Dana ROBERTSON, Colonel, District Engineer, United States Army Corps of Engineers, Huntington Division, et al., Defendants. No. CivA 2:98-0636. United States District Court, S.D. West Virginia, Charleston Division. June 17, 1999. *654 *655 *656 Joseph M. Lovett, Mountain State Justice, Charleston, WV, James M. Hecker, Trial Lawyers ...
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MEMORANDUM AND ORDER Plaintiffs Susan Lintz and Connie Dieci-due filed suit against defendants alleging sexual harassment and constructive discharge in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. and the Kansas Act Against Discrimination, K.S.A. § 44-1001 et seq. This matter is presently before the court on defendants’ motion for summary judgment ...
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52 F. Supp. 2d 305 (1999) Luis Ferreira VARGAS, Plaintiff, v. PUERTO RICAN-AMERICAN INSURANCE COMPANY, Defendant. No. Civ.A 98-1204(HL). United States District Court, D. Puerto Rico. June 16, 1999. *306 Marta E. Gonzalez, Sanchez Betances & Sifre, San Juan, PR, for Luis Ferreira-Vargas, plaintiff. Pedro J. Manzano-Yates, Fiddler, Gonzalez & Rodriguez, San Juan, PR, for Puerto Rican Americ...
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54 F. Supp. 2d 1067 (1999) David MATTHEWS, Plaintiff, v. KENNECOTT UTAH COPPER CORPORATION, Defendants. No. 2:97 CV 549B. United States District Court, D. Utah, Central Division. May 26, 1999. *1068 Clayne Corey, Salt Lake City, UT, for plaintiff. Elisabeth Blattner, Salt Lake City, UT, David Anderson, Salt Lake City, UT, for defendant. *1069 MEMORANDUM OPINION ORDER BENSON, District Judge. I....
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MEMORANDUM AND ORDER The court has under consideration the following three motions: *6231. Motion for a Mental Examination Pursuant to Fed.R.Civ.P. 35 (doc. 31); 2. Plaintiffs Motion for Protective Order (doc. 37); and 3. Plaintiffs Motion to Quash Subpoena (doc. 39). All motions are opposed. I. Motion for Mental Examination and Motion for Protective Order The court will consider the first two ...
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51 F.Supp.2d 756 (1999) CERTAIN UNDERWRITERS AT LLOYD'S, et al., Plaintiff, v. BRISTOL-MYERS SQUIBB CO. and Medical Engineering Corp. et al., Defendants. No. 1:99-CV-026. United States District Court, E.D. Texas, Beaumont Division. June 3, 1999. *757 Gordon R. Pate, Pate & Dodson, Beaumont, Texas, Scott G. Burdine, Franklin, Cardwell & Jones, Houston, TX, Michael G. Merlo, Matthew T. Wals...
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OPINION AND ORDER This case is before this Court on Defendants’ Motion to Dismiss. For the reasons that follow, this Court finds that the Complaint fails to state a claim upon which relief may be granted. Accordingly, the Motion will be granted. I. This matter arises as a result of a termination of employment that occurred on or about November 7, 1997. Plaintiff, Steven R. Isaac (“Isaac”)...
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52 F. Supp. 2d 868 (1999) Glen O. JONES, Plaintiff, v. SABIS EDUCATIONAL SYSTEMS, INC., International School of Minnesota, Inc.; Sabis International School; Chicago International Charter School; Chicago Charter School Foundation, Inc.; James Murphy; Karla Liffmann Livney; Leila C. Saad; Ralph Bistany; Al Bistany; Udo Schulz; Nadia Reda; Fern Bistany; Joy N'Dauo; Jim Bowden; and Sam Reddick, Defen...
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MEMORANDUM AND ORDER Judgment in this case in the amount of $231,280.99 plus $52.95 per diem interest accruing after November 3, 1997 was entered by the court in favor of plaintiff Baxter State Bank and against defendant Bernhardt on March 5, 1998. Of that sum, $126,317.70 was satisfied by Shirley Bernhardt on April 23, 1998, leaving a remaining balance of $104,-963.29 plus $24.18 per diem inter...
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51 F.Supp.2d 1028 (1999) John CELLINI, Plaintiff, v. HARCOURT BRACE & COMPANY; Harcourt General, Defendants. No. 98-1424-IEG LAB. United States District Court, S.D. California. April 27, 1999. *1029 *1030 *1031 Linda Zappe Flynn, Law Office of Linda Zappe Flynn, San Diego, CA, for plaintiff. Phillip L. Kossy, Littler Mendelson, San Diego, CA, for defendants. ORDER GRANTING DEFENDANTS' MOTION...
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MEMORANDUM OPINION AND ORDER This matter is before the Court upon the Motion of Plaintiffs for Order Dismissing the Counterclaims against Jeffrey M. Roberts for Failure to State a Claim [F.R.Civ.P. 12(b)(6) ] (Dkt. #27, ECF #48). The Complaint alleges that Defendants caused the Employee Stock Ownership Plan (“ESOP”) to repay a loan from sale proceeds (First Claim for Relief), and div...
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44 F.Supp.2d 975 (1999) PLANNED PARENTHOOD OF WISCONSIN, Gary T. Prohska, M.D., Fredrik F. Broekhuizen, M.D., Gavin Jacobson, M.D., Neville Sender, M.D., Dennis D. Christensen, M.D. and Bernard Smith, M.D., on behalf of themselves and their patients seeking abortions, Plaintiffs, v. James E. DOYLE, in his official capacity as the Attorney General of the State of Wisconsin and Diane M. Nicks, in h...
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MEMORANDUM AND ORDER Defendant Murray F. Hardesty was sentenced by the United States District Court for the District of Kansas, Earl E. O’Con-nor, Senior District Judge, after pleading guilty to embezzlement, mail fraud, and money laundering. This case is presently before the court on defendant’s motion for correction of clerical mistake in judgment and sentence pursuant to Fed.R.Crim.P. 36 (...
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54 F. Supp. 2d 437 (1999) Barronie GRANT Plaintiff, v. Charles W. ZEMSKI, Acting District Director, U.S. Department of Justice, Immigration and Naturalization Service Defendant. No. CIV. A. 99-2620. United States District Court, E.D. Pennsylvania. June 22, 1999. *438 Lawrence H. Rudnick, Philadelphia, PA, for Plaintiff. Linda L. Shafer, U.S. Attorney's Office, Philadelphia, PA, for Defendant. ME...
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MEMORANDUM AND ORDER This case is again before the Court upon Defendants’ Motion to Dismiss Plaintiffs Complaint pursuant to Fed.R.Civ.P. 12(b)(6). Inasmuch as the defendants had relied upon and annexed some evidentiary material to its motion, by Order dated March 30, 1999, we held that the motion would be converted to one for summary judgment under Rule 56 and gave the plaintiff sixty days to ...
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52 F. Supp. 2d 471 (1999) Gary C. TYLER v. George M. O'NEILL and Wm. M. Hendrickson, Inc. No. Civ.A. 99-CV-0136. United States District Court, E.D. Pennsylvania. May 24, 1999. *472 Bruce S. Marks, Ely Goldin, Egorov, Puginski, Afanasiev & Marks, LLC, Philadelphia, PA, for plaintiff. Jeffrey B. McCarron, Anthony T. Febbo, Swartz, Campbell & Detweiler, Philadelphia, PA, for defendants. MEM...
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51 F. Supp. 2d 994 (1999) AMERUS BANK, Plaintiff, v. PINNACLE BANK, as Successor of Indiana Federal Bank for Savings, Defendant. Pinnacle Bank, Counterclaim-Plaintiff, v. Amerus Bank, Counterclaim-Defendant. No. 4-98-CV-90314. United States District Court, S.D. Iowa, Central Division. June 9, 1999. *995 *996 J. Michael Vaughan, Kansas City, MO, W. Don Brittin, Jr., John F. Lorentzen, Des Moines, ...
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113 F. Supp. 2d 54 (1999) AMERICAN HONDA MOTOR CO., INC., Plaintiff, v. BERNARDI'S, INC. d/b/a Bernardi Honda Defendant. American Honda Motor Co., Inc., Plaintiff, v. Richard Lundgren, Inc., d/b/a Lundgren Honda, Defendant. Nos. 98-10690-MLW, 98-40061. United States District Court, D. Massachusetts. May 19, 1999. *55 Richard A. Gargiulo, Marielise Kellym Gargiulo, Rudnick & Gargiulo, Boston, ...
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MEMORANDUM ORDER INTRODUCTION This action arises out of a dispute between plaintiff Elaine Chandler and defendants Raytheon Employees Disability *85 Trust (the “Trust”) and Metropolitan Life Insurance Company (“MetLife”) regarding Chandler’s eligibility to receive long-term disability benefits. Chandler brings suit pursuant to the Employee Retirement Income Security Act ...
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OPINION Defendant Norrell Health Care of New York (“Norrell”), a provider of health care services, has moved under Rule 56, Fed. R.Civ.P. for summary judgment dismissing the complaint of plaintiff Paulette B. Hyl-ton (“Hylton”), a home health aid (“HHA”) who has alleged unlawful sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et...
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ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S COMPLAINT [Doc. No. 11] Pending before this Court is defendants Motion to Dismiss the Complaint against Rosie Garcia, O’Donnell, and J. Nettles under Federal Rule of Civil Procedure Rules 12(b), 12(b)(1), and 12(b)(6). [Doc. *1092 No. 11.] 1 Plaintiff in pro per, Frederick A. Cooper, did not file an Oppositio...
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OPINION Plaintiff Steven Gravatt (“Gravatt”) seeks to settle a judgment in this action in which he was awarded substantial damages against the defendants the City of New York, Simpson & Brown, Inc. and N. Massand P.C. (“Massand”). See Gravatt v. City of New York, 1999 WL 111922 (S.D.N.Y. March 3, 1999). His proposed judgment is opposed by defendant Mas-sand on the grounds t...
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OPINION Defendant, Municipal Court Judge Audrey P. Blackburn, J.M.C., (“Judge Blackburn”), moves for the entry of summary judgment against plaintiff, Robert David Figueroa, (“Mr.Figueroa”), on the grounds of absolute judicial immunity. The parties *481 have consented to the jurisdiction of a United States Magistrate Judge, pursuant to 28 U.S.C. § 636(c), and Fed.R.Civ.P. 73, ...
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ORDER Pending before the Court is plaintiffs’ motion for attorneys fees pursuant to 42 U.S.C. § 1447(c) for improper removal. (Docket #15) In essence, plaintiffs claim that defendants’ removal was frivolous and thus should be sanctioned for “acting in bad faith, vexatiously and wantonly.” The government has filed an opposition, claiming it had a colorable legal basis for removal. Upon review of...
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MEMORANDUM AND ORDER 1. INTRODUCTION The pro se plaintiff in this action, Mitchell Swartz (“Swartz”), brings a multi-count intellectual property action against the Schering-Plough Corporation (“Schering”), Plough U.S.A. (“Plough”), and Schering-Plough Healthcare Products (“Schering Healthcare”) (collectively, the “Schering Defendants”). The gravamen of Swartz’ complain...
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MEMORANDUM AND ORDER A. Introduction On December 18, 1998, this Court entered a Judgment and Findings of Fact and Conclusions of Law (collectively, “the Order”) granting the petition of John Walsh under the International Abduction Remedies Act (the “Act”), 42 U.S.C. §§ 11601-11610 (1998), thereby requiring the return of his two young children, Eoghain and Mary Kate Walsh, to Ireland, their ...
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*465 DECISION Entering Judgment for the Plaintiffs A bench trial was held in the above-captioned case beginning Monday, May 3, 1999 and ending Wednesday, May 5, 1999, during which the court took testimony from various witnesses and received documents into evidence. Upon reviewing the testimony and evidence, as well as the existing record and the relevant law, the court e...
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Memorandum and Order I. Pending Matters Pending for decision are the following motions and related filings: *531 (1) Plaintiff Liberty Mutual Insurance Company’s Motion for Summary Judgment (Docket No. 37, filed March 5, 1999); (2) Defendant’s Consented-To Motion for Leave of Court To File Legal Memorandum in Excess of Twenty Pages (Docket No. 43, filed April 6, 19...
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*63 MEMORANDUM AND ORDER This case raises questions concerning the application of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993) and Kumho Tire Co. v. Carmichael, — U.S. —, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999) to technical fields, that are not, strictly speaking, science. Two fields are involved: The ...
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*102 MEMORANDUM AND ORDER OF REMAND The petitioner/plaintiff, Ojomo Nkomo Wallace (“Wallace”) 1 petitions for a writ of habeas corpus on statutory and constitutional grounds. Wallace seeks to have his case remanded to the Board of Immigration Appeals (“BIA”) for a hearing on the merits of his Immigration and Naturalization Act (“INA”) § 212(c), 8 U.S.C. § 1182(c), ...
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MEMORANDUM Presently before the Court is the Motion of Defendant, The West Bend Company (“West Bend” or “Defendant”), for Summary Judgment against Plaintiffs. Plaintiffs instituted this product liability action against West Bend for injuries sustained by their six and one-half month old son, Gerald Joseph Van Buskirk, III (“Gerald”), on February 3, 1995. Plaintiffs claim design defect...
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54 F. Supp. 2d 427 (1999) Charles FRANCISCO and Cecilia Francisco v. UNITED STATES of America, Internal Revenue Service. No. Civ.A. 98-2245. United States District Court, E.D. Pennsylvania. June 22, 1999. *428 Jeffrey Cooper, Mesirov Gelman Jaffe, Cramer & Jamieson, Phila, PA, for plaintiff. *429 Angelo A. Frattarelli, AUSA, U.S. Dept of Justice, Trial Attorneys, Tax Div., Washington, DC, for...
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52 F. Supp. 2d 503 (1999) Daniel Scott PETRICHKO, Plaintiff, v. David KURTZ, Warden, Gene Berdinere, Deputy Warden, Nicholas Martyak, M.D., and Scott Rizzardi, Correctional Officer, Defendants. No. Civ.A. 98-2790. United States District Court, E.D. Pennsylvania. June 23, 1999. *504 *505 Daniel Scott Petrichko, Albion, PA, pro se. Frank Robert Cori, Assistant County Solicitor, Pottsville, PA, for ...
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OPINION AND ORDER Plaintiff, Viacom International, Inc. (“Viacom”), brought a breach of contract action against Michael W. Kearney (“Kearney”) for indemnification and declaratory relief. Kear-ney counter-claimed against Viacom, and subsequently brought claims for monetary damages and injunctive relief against Cono-log Corporation (“Conolog”) and Camp, Dresser, and McKee (“CDM”). In response, Co...
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DECISION AND ORDER I. INTRODUCTION Plaintiff Rudy Fletcher (“Plaintiff’ or “Fletcher”) has filed a motion in limine for an order precluding from trial introduction of evidence of his prior criminal convictions and prior drug use; and for an order admitting into evidence the entire personnel records of the individual police officer defendants; as well as the 1994 so-called...
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51 F.Supp.2d 829 (1999) UNITED STATES of America, Plaintiff, v. William Luke CARNES, Defendant. No. 97-80053. United States District Court, E.D. Michigan, Southern Division. June 17, 1999. *830 Mark Osler, Assistant United States Attorney, Detroit, MI, for plaintiff. Richard Amberg, Waterford, MI, for defendant. OPINION AND ORDER DENYING DEFENDANT'S MOTION TO SUPPRESS TAPES ROSEN, District Judge...
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MEMORANDUM AND ORDER The plaintiff, William J. Gosselin, filed this eleven-count suit asserting statutory and common law claims centering on alleged legal malpractice by the first defendant, James L. O’Dea III. The second named defendant, the law firm of Field, Hurley, Webb & Sullivan (“Field, Hurley”), is sued principally on the theory that O’Dea’s professional relationship with the ...
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ORDER Before the Court are Objections to the February 9, 1999 Report and Recommendation (R & R) of Magistrate Judge John M. Mason. In the R & R, Judge Mason recommended that: 1. Ceridian’s Motion to Compel Disclosure from Judgment Garnishees (Doc. No. 134) be denied; 2. Tower Insurance Company’s Motion to Discharge Garnishment (Doc. No. 141) be denied without prej...
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51 F.Supp.2d 1109 (1999) The OLD TIMER, INC. and Robert L. Grisenti, Plaintiffs, v. BLACKHAWK-CENTRAL CITY SANITATION DISTRICT, En-Tech Inc. a/k/a Environmental Technicians, Inc., Water Quality Management Corp., Inc., and Donald Blender d/b/a Blender & Associates, Defendants. No. Civ. 93-WM-249. United States District Court, D. Colorado. June 17, 1999. *1110 *1111 James C. Underhill, Jr., Gre...
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*499 DECISION The Defendant Touchdown Jacksonville, Inc. (“TDJ, Inc. hereafter”) has moved for Summary Judgment on the claims alleged against it in the First Amended Complaint. TDJ, Inc. was added as a party defendant in the amended complaint served on April 21, 1998 in an ongoing ease in this Court brought in 1994. In its Answer to that complaint filed on June 23,1998, TDJ, Inc. pleaded that th...
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MEMORANDUM AND ORDER I. INTRODUCTION On June 23, 1992, Pioneer Development Company (“Pioneer”), a New York partnership, entered an option contract to buy a parcel of land in Pittsfield, Massachusetts from Petricca Development Limited Partnership (“Petricca”), a Massachusetts limited partnership. 1 Pioneer never exercised its option to buy the land, instead purchasing a...
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ORDER On March 4, 1999, this Court heard argument on Defendant’s Motion for a Protective Order to prohibit further discovery. [Doc. No. 12-1]. Timothy A. Carney and Julie Doss appeared on behalf of the Defendant UNUM Life Insurance Company of America (“UNUM”). Steven V. Buck-man appeared on behalf of the Plaintiffs. Having heard the argument of counsel, having reviewed the briefs file...
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MEMORANDUM OPINION AND ORDER Before the court is Plaintiffs’ Motion to Remand, filed December 10, 1998. After careful consideration of the motion, response, the pleadings on file in this case, and the applicable law, Plaintiffs’ Motion to Remand is hereby denied. I. Factual and Procedural Background Elva Silva’s family (“Plaintiffs”) has sued Kaiser Perman...
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OPINION AND ORDER Plaintiff, who is proceeding pro se, sued the Federal Reserve Bank of New York (the “Fed”) and various other persons and entities in the Supreme. Court of the State of New York, claiming a fraudulent transfer of her mortgage and foreclosure on her condominium. The Fed removed the case to this court under 12 U.S.C. § 632, and moved to dismiss. The motion was granted, the Fed ...
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OPINION & ORDER BBS Norwalk One, Inc. (“BBS”) sues Steven Nicholas Bunzl (“Nick”) and Rac-colta, Inc., a company wholly owned by Nick, for aiding and abetting a breach of fiduciary duty by BBS’s officer, Hugo Bunzl. BBS’s sole asset is an office building in Norwalk, Connecticut. BBS contends that Hugo Bunzl misappropriated *125 the opportunity to purchase the building’s m...
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OPINION AND ORDER This diversity suit concerns’liability insurance coverage for personal injury claims arising from exposure to asbestos. Defendant and third-party plaintiff Tread-well Corporation (“Treadwell”) installed and otherwise handled products containing asbestos between the 1940s and the 1980s, during some of which time Treadwell was covered by primary and excess liability insura...
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OPINION This matter comes before the court on defendants’ motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(2) for lack of personal jurisdiction, or in the alternative, for failure to state a eause of action pursuant to Rule 12(b)(6). The defendants joining in this motion áre the Va'ad Harabonim of Great Monsey (“Va'ad”), Moses Tendler, Berel W...
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Opinion and Order Plaintiff Air Support International Inc. (“Air Support”) brings this action for breach of contract against defendant Atlas Air Inc. (“Atlas”) under this Court’s diversity of citizenship jurisdiction. Air Support seeks commissions on leases it allegedly *160 procured for Atlas while acting as Atlas’s broker. Discovery has been completed. Atlas now seeks s...
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*340 MEMORANDUM AND ORDER I. Introduction Two plaintiffs, Empire Blue Cross and Blue Shield (Empire) and Group Hospitalization & Medical Services d/b/a Blue Cross Blue Shield of the National Capital Area (National), move to disqualify the law firm of Winston & Strawn (the firm) from appearing for defendant, Philip Morris, Inc., in this tobacco tort case. The firm ...
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52 F. Supp. 2d 721 (1999) GROOME RESOURCES, LTD., L.L.C. v. PARISH OF JEFFERSON. No. Civ.A. 99-1491. United States District Court, E.D. Louisiana. June 18, 1999. *722 ORDER AND REASONS BARBIER, District Judge. Plaintiff, Groome Resources, Ltd., L.L.C. ("Groome"), a for-profit limited liability partnership which is in the business of operating supportive group homes specifically for Alzheimer's ...
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ORDER William Howard Putman has petitioned this Court for a Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254. For the reasons set forth below, the Petition is hereby DENIED. I. Procedural History From September 13-17, 1982, Petitioner William Howard Putman was tried before a jury for the malice murders of David Hardin and his wife, Katie Christine Back. He was found guilty and sentence...
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OPINION This matter has been opened to the Court on defendant Wal-Mart Stores, Inc.’s (‘Wal-Mart”) motion for removal from the Superior Court of New Jersey, Middlesex County. Wal-Mart requests removal pursuant to 28 U.S.C. § 1441. Under. § 1441(a), “ ... any civil action *546 brought in a State Court of which the district courts of the United States have original jurisdiction...
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OPINION Petitioner, Edwin Santos (“Santos”), filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, 1 alleging that Respondent, Arthur Beeler, on behalf of the Federal Bureau of Prisons (the “BOP”), has impermissibly refused to consider him for a sentence reduction as authorized by 18 U.S.C. § 3621(e)(2)(B), 2 which permits the Bureau of Prisons “...
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MEMORANDUM AND ORDER Audrey Medoy (“Plaintiff’) brings this action against the Warnaco Employees’ Long Term Disability Insurance Plan (the “Plan”) and Warnaco, Inc. (‘Warnaco”), *305 personally and as administrator of the Plan (collectively, “Defendants”), under the Employee Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. §§ 1001-1461 (1994). 1...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Petitioner, a deportable legal permanent resident alien, has filed a petition for writ of habeas corpus under 28 U.S.C. § 2241. Petitioner challenges the constitutionality of the Attorney General’s lack of discretion, under 8 U.S.C. § 1226(c), to release him on bail pending the outcome of his removal proceedings (referred to interchangeably...
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MEMORANDUM OPINION I. Background and Facts This matter is before the court on a motion to compel, (“Motion to Compel”), filed by the defendant, Ben M. Frizzell, Jr., (“Frizzell”), seeking the court to overrule the objections of the plaintiff, Front Royal Insurance Company, (“Front Royal”), and order Front Royal to respond to his First Interrogatories and Request for Production served on Febru...
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*250 MEMORANDUM DECISION ON DISCOVERY DISPUTE This case, in which the plaintiff invokes this court’s jurisdiction on the basis of diversity of citizenship, involves allegations of undue influence, self-dealing by a fiduciary and fraud. Complaint (Docket No. 1) at 3-6. The plaintiff is the personal representative of the estate of Aili L. Kenny, who established the trust that is the primary subjec...
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51 F.Supp.2d 1120 (1999) Gabriel ATSEPOYI, Plaintiff, v. TANDY CORPORATION, a Delaware Corporation, d/b/a Radio Shack, a Division of Tandy Corporation, Defendant. No. Civ.A. 99-K-617. United States District Court, D. Colorado. June 21, 1999. *1121 *1122 Samuel J. Stoorman, Denver, CO, for plaintiff. Daniel M. Statriana, Jr., Marianne E. Pierce, Denver, CO, for defendant. MEMORANDUM OPINION AND O...
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54 F.Supp.2d 961 (1999) Merle D. PENROD, SSN: XXX-XX-XXXX, Plaintiff, v. Kenneth S. APFEL, Commissioner, Social Security Administration, Defendant. No. Civ. 96-2496PHXEHC. United States District Court, D. Arizona. January 20, 1999. *962 Joel F. Friedman, Jerome Gibson Stewart Friedman & Stevenson PC, Phoenix, AZ, for Merle D. Penrod, plaintiff. Michael R. Arkfeld, U.S. Attorney's Office, Phoe...
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MEMORANDUM OF DECISION AND ORDER Plaintiff, Barbara Bilodeau, brought suit against Defendant, Mega Industries, alleging that Defendant wrongfully terminated her on the basis of her alcoholism and seeking damages under the Americans with Disabilities Act (“the ADA” or “the Act”), 42 U.S.C. § 12101 et seq., and the Maine Human Rights Act (“MHRA”), 5 M.R.S.A. § 4551 et seq. ...
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OPINION & ORDER I. INTRODUCTION Before the Court is Defendant P.L. Industries Inc.’s (“P.L.”) Motion to Dismiss the Complaint for Lack of Subject Matter Jurisdiction and Memorandum in support thereof (docket No. 3); Plaintiffs’ memorandum in opposition of Defendants’ Mo *539 tion to Dismiss (docket No. 5) and Defendant’s reply to Plaintiffs’ Memorandum in Opposition ...
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MEMORANDUM OPINION AND ORDER Plaintiff has moved to voluntarily dismiss this Fair Debt Collection Practices Act (FDCPA) action, 15 U.S.C. § 1692 et seq., against Revenue Management Corp. (RMC). In addition, she moves for sanctions of costs and attorney’s fees against defendant for “unreasonably and vexatiously” multiplying and prolonging the proceedings. 28 U.S.C. § 1927. In April 1998, plaintiff...
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MEMORANDUM OPINION AND ORDER This Court previously granted Plaintiff Victor Wells’ (“Wells”) motion for class certification action against Defendants Thomas McDonough, NPC Check Services (“NPC”) and National City Corporation (collectively “Defendants”), alleging violations of the Fair Debt Collection Practices Act (“FCDPA”), 15 U.S.C. § 1692, et seq. Defendants now move to decertify the class p...
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MEMORANDUM OPINION Plaintiff, a D.C. prisoner, filed this Complaint pro se, seeking damages from the District of Columbia and several employ *3 ees of its Department of Corrections for injuries suffered as a result of allegedly unconstitutional actions in violation of the Civil Rights Act, 42 U.S.C. § 1983. The Defendants have moved to dismiss the complaint or, alternatively, for summary ...
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MEMORANDUM OPINION This matter is before the Court on Defendants’ Motion to Dismiss or, in the Alternative, for Summary Judgment. Plaintiffs Frede Garcia, Lawrence Caldwell, and Antonio Tirado are District of Columbia Department of Corrections inmates. They bring this action under 28 U.S.C. § 1983 against Department of Corrections employees Rosamaría Chapa, James Harvey,. Luis Stevens...
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*886 MEMORANDUM OPINION AND ORDER On April 22, 1996, plaintiff Jupiter Aluminum Corporation sued defendant The Home Insurance Company (“Home”) and Hartford Steam Boiler Inspection and Insurance Company (“Hartford”) in the Circuit Court of Cook County, Illinois, pursuant to § 112 of the Uniform Arbitration Act, 710 ILCS 5/12(b), seeking a declaratory judgment vacating an appraisal award determini...
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OPINION AND ORDER In July 1991, banking regulators around the world seized the corporations collectively known as the Bank of Credit and Commerce International (“BCCI”), uncovering the largest international bank failure in history. Eight years later, the effort to determine how the BCCI debacle happened and who is responsible for the fraud remains ongoing. This lawsuit, brought by the...
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MEMORANDUM OF DECISION AND ORDER DENYING DEFENDANT FEYLER’S MOTION TO SUPPRESS On January 25, 1999, Defendant Bryant Feyler filed a Motion to Suppress, asserting that his post-arrest statements “were given at a time when the Defendant’s mental and physical condition were compromised due to the influence of drugs and that any Law Enforcement Agents knew, or should have known, that the Defendant ...
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51 F.Supp.2d 910 (1999) UNITED STATES of America ex rel. Melvin KELLEY, Petitioner, v. Augustus SCOTT, Jr., Warden, Lincoln Correctional Center, and Jim Ryan, Attorney General of the State of Illinois, Respondents. No. 98 C 5525. United States District Court, N.D. Illinois, Eastern Division. June 21, 1999. *911 Melvin Kelley, East Moline, IL, pro se. Rebecca Zavett, Assistant Attorney General, Ch...
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ORDER GRANTING DEFENDANT CITY OF CORAL GABLES’ MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT ANA BAIXAULFS MOTION FOR SUMMARY JUDGMENT THIS CAUSE comes before the Court on the Motion For Summary Judgment filed by Defendant City of Coral Gables (“City”) on May 14,1999. Defendant Ana Baixauli (“Baixauli”) also filed a Motion For Summary Judgment on May 14,1999. Plaintiff submitted a single...
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OPINION AND ORDER DISMISSING COUNTS I AND III OF PLAINTIFF’S AMENDED COMPLAINT FOR LACK OF JURISDICTION AND REMANDING COUNTS II, IV, AND V TO WAYNE COUNTY CIRCUIT COURT I.INTRODUCTION The above-captioned case emanates from a decision by Defendant, Charter Township of Northville Planning Commission (“Planning Commission”), to condition the approval of Plaintiffs Wayne H. Seiler’s ...
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OPINION & ORDER I. INTRODUCTION Before the Court is Defendant’s Four Star Industries, Inc.’s (“Four Star”) Notice of Removal (docket No. 1) and Plaintiffs’ Opposition to Notice of Removal (docket No. 3) 1 ; and Defendant’s Opposition to Plaintiffs’ Motion for Remand and Memorandum in Support of Such Opposition (docket No. 7). Defendant filed the notice of remov...
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OPINION & ORDER I. INTRODUCTION Before the Court is Defendants’ Special Appearance Requesting Quashing of Summons and Request for Extension of Time to Answer Complaint or File Responsive Pleading as to Co-Defendants Suzanne Laforet and Juan A. Aponte (docket No. 5); Special Appearance Requesting Quashing of Summons as to Co-defendant Amari Arabia (docket No. 6); Special Appearance in Opposition o...
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ORDER This case is presently before the Court on plaintiffs Motion for Partial Summary Judgment on its Damages Claim Under Section 704 of the Telecommunications Act of 1996[31] and plaintiffs Motion for Partial Summary Judgment on its Claims for Relief Under 42 U.S.C. §§ 1983 and 1988[32]. The Court has reviewed the record and the arguments of the parties and, for the reasons set out ...
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OPINION AND ORDER This is an action for declaratory judgment and injunctive relief filed pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 2201. The plaintiffs are the Association of Banks in Insurance, Inc., the American Bankers Association, the Ohio Bankers Association, and the Huntington National Bank (“Huntington”). The defendant is Harold T. Duryee, who has been sued in his official capac...
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MEMORANDUM OPINION I. Facts and Procedural History Plaintiff Gina Walker claims that her employer, Electrolux, has discriminated *502 against her on the basis of her gender as well as on the basis of a disability. She filed claims with the Equal Employment Opportunity Commission (“EEOC”) which alleged that Electrolux, through its employment practices, had violated the provisions of both T...
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MEMORANDUM Before the Court are three separate motions for summary judgment: one by Defendant Citibank, another by the two disability plans (the Short-Term Disability Plan and the Long-Term Disability Plan *15 (collectively “the Disability Plans”)) and a third by Plaintiff Carlotta Sampson for Partial Summary Judgment. Oral argument was heard on May 24,1999. For the reaso...
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MEMORANDUM This action is brought pursuant to 42 U.S.C. § 405(g) for review of a final deci*327sion of the Commissioner of Social Security denying plaintiffs claim for Disability Insurance Benefits (DIB). The parties have filed cross-motions for summary judgment. No hearing is deemed necessary. Local Rule 105.6. I. Procedural Background Plaintiff applied for DIB on July 21, 1994. (Tr. 38-41). ...
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52 F.Supp.2d 893 (1999) Ferdinand PICKETT, Plaintiff, v. PRINCE, Defendant. No. 94 C 4740. United States District Court, N.D. Illinois, Eastern Division. June 18, 1999. *894 Alan L. Barry, Wallenstein, Wagner & Hattis, Ltd., Chicago, IL, John J. Lowrey, Lowrey & Smerz, Ltd., Chicago, IL, Byron L. Mason, Turner, Latz & Olmstead, Chicago, IL, Ferdinand Pickett, Chicago, IL, Harvey L. Wa...
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MEMORANDUM OPINION By motion dated February 12, 1999, counsel for plaintiff Steven Shapiro (“Shapiro”) has applied for attorney’s fees of $2,977.50 in an action, brought under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (the “FDCPA” or the “Act”), in which his client accepted an offer of judgment from defendants Credit Protection Association I, Inc. (“CPAI”) and Blockbu...
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DECISION AND ORDER Plaintiffs Robert Hallenbeck and Kelly Hallenbeck (“Plaintiffs”) originally filed this negligence action in state court. Defendant filed a notice of removal on March 11, 1999, asserting diversity jurisdiction. Plaintiffs now move to remand, arguing that the notice of removal was untimely and that the Defendant took actions in state court which constituted a waiver of the ri...
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*439 OPINION ON SUMMARY JUDGMENT The United States of America, on behalf of the United States Postal Service, alleges that Raymond & Whitcomb Co. (hereinafter, “R & W”) illegally used the non-profit mail rate for 6.1 million mailings not eligible for that rate, causing the Postal Service to suffer a deficiency of $398,960.05. The United States has brought this civi...
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MEMORANDUM-DECISION AND ORDER Presently pending is a motion by Plaintiff Association of International Automobile Manufacturers, Inc. (“AIAM”) for attorneys fees pursuant to Fed.R.Civ.P. 54(d)(2)(A) and 42 U.S.C. § 1988. Plaintiff asserts that it is the prevailing party in an action brought under 42 U.S.C. § 1983 and is thus presumptively entitled to such fees. Defendants assert that P...
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MEMORANDUM OPINION AND ORDER Local Union 63 of the International Association of Bridge, Structural and Ornamental Iron Workers (“Iron Workers”) brings this lawsuit under Section 301 of the National Labor Relations Act, 29 U.S.C. § 185 against Glaziers, Architectural Metal and Glass Workers Local Union 27 of the United Brotherhood of Painters and Allied Trades (“Glaziers”). In its two-count comp...
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*818 MEMORANDUM OPINION Pending, before the Court are four motions to dismiss filed by each of the four defendants. Plaintiff has responded with a consolidated opposition to the motions, and each of the defendants replied accordingly. A hearing was held on May 3, 1999. Following the hearing, Plaintiff filed a First Amended Complaint to add a count for breach of contract against D...
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DECISION AND ORDER Plaintiff brings this action pursuant to Bivens v. Six Unknown Named Agents of *546 the Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), alleging violations of his rights under the Fifth and Eighth Amendments to the United States Constitution. Plaintiff seeks monetary relief and a declaration that his rights we...
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51 F.Supp.2d 508 (1999) MARSELLIS-WARNER CORP., Plaintiff, v. Charles RABENS, et al., Defendants. No. 98-4384 (AJL). United States District Court, D. New Jersey. February 24, 1999. *509 *510 *511 Michael M. Rosenbaum, Brian E. Bragg, Budd Larner Gross Rosenbaum, Greenberg & Sade, Short Hills, NJ, for plaintiff Marsellis-Warner Corp. James M. McGovern, Jr., Keith B. Bannach, Lomurro, Davison, ...
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MEMORANDUM AND ORDER Infant plaintiff Christian Valencia, by his mother and natural guardian, commenced an action against defendants Sung M. Lee and Shiu Chun Lee, owners of the apartment in which he lived, and defendant City of New York seeking compensatory damages for developmental injuries he allegedly sustained from exposure to unsafe levels of lead in the apartment. Backgrou...
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MEMORANDUM OPINION Four Baldwin County voters have intervened in this twelve-year-old voting rights lawsuit against the Baldwin County Commission and its members for the purpose of seeking relief from the remedial order and injunction entered in the case more than a decade ago. Currently before the court is a motion filed by the original plaintiffs to dismiss the intervenors’ complain...
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51 F. Supp. 2d 1315 (1999) Jacqueline BLACK, Plaintiff, v. M.G.A., INC., d/b/a Movie Gallery, Inc., Defendant. No. Civ.A. 98-T-300-S. United States District Court, M.D. Alabama, Southern Division. June 21, 1999. *1316 Jeffrey A. Lee, Maynard, Cooper & Gale, P.C., Birmingham, AL, Deborah A. Mattison, Charles Michael Quinn, Jill O. Radwin, Gordon, Silberman, Wiggins & Childs, Birmingham, AL...
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MEMORANDUM AND ORDER Now before the Court is a Motion to Vacate Sentence brought pursuant to 28 U.S.C. § 2255 by petitioner Thomas Mick-ens (“Mickens”). For the reasons stated below, the Motion is denied. BACKGROUND On May 23, 1988, an indictment was filed charging Mickens with conspiring to distribute cocaine, in violation of 21 U.S.C. § 846 (one count), and with distributing c...
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MEMORANDUM-DECISION & ORDER Plaintiff Richard Phipps brings the instant action against defendant New York State Department of Labor (“DOL”), alleging race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., and N.Y. HumaN Rights Law § 290 et seq. Plaintiff also alleges state law claims of neglige...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION Before the court is a Motion for Class Certification filed by the Plaintiffs on November 20, 1998. The Plaintiffs originally filed their Complaint in this ease on December 30, 1997. They allege that Defendant Michelin North America, Inc. (“Michelin”) made unilateral adverse changes in the health insurance benefits afforded hourly retirees. Plaintiffs...
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MEMORANDUM OPINION AND ORDER Plaintiff Lisa M. Raimondi has filed a complaint against defendant McAllister & Associates, Inc., alleging violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Plaintiff alleges that defendant violated § 1692e(5) and 1692e(10) by threatening to contact plaintiffs employer, and that defendant violated § 1692c(a...
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ORDER AND REASONS Before the Court are cross-motions for Summary Judgment. 1 Plaintiff BellSouth *375 Mobility brings a challenge under the Telecommunications Act of 1996 to the decision by defendant Council of the Parish of Plaquemines denying BellSouth’s zoning requests for building two cellular phone towers. For the reasons that follow, Bell-South’s Motion is DE...
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MEMORANDUM DECISION AND ORDER This is a sexual harassment suit filed by Plaintiff Deborah Brownell against her former employer, Defendant RPS. Jurisdiction in this matter is premised upon Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (hereinafter “Title VII”). Presently before the Court is a dispute between the parties regarding the extent to which Plaintiff m...
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MEMORANDUM AND ORDER This matter is before the Court on the Respondents’ Motion to Dismiss. For the reasons below, the Court grants this motion. The Petitioner, Pedro De La Cruz, is a citizen of the Dominican Republic who entered the United States as a lawful permanent resident on September 13, 1987. The petitioner was admitted into the United States on a conditional basis pursuant to his m...
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Memorandum Opinion This cause comes before the court on the following motions: 1. Motion for summary judgment filed by plaintifficounterdefendant Atlanta Casualty Company [ACC]; 2. Cross-motion for summary judgment or, in the alternative, for partial summary judgment filed by defendants/counterplaintiffs Larry W. Warn-*750bles, Jr. [Larry, Jr.] and Emily B. Wam-bles; 3. Cross-motion for summary ...
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MEMORANDUM Presently before the Court is the motion of defendant TNS Nursing Homes of Pennsylvania, Inc. (“TNS”) d/b/a Boulevard Nursing Homes (“Boulevard”) for relief from judgment (Document No. 9) pursuant to Federal Rule of Civil Procedure 60(b)(1), the response of plaintiff NuMed Rehabilitation, Inc. (“NuMed”) and the reply of TNS thereto. Also before the Court is the motion of TNS for a st...
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51 F.Supp.2d 637 (1999) Arnold M. WILLIAMS, Plaintiff, v. SEVEN SEVENTEEN HB, PHILADELPHIA CORP. NO. 2 t/a Adam's Mark Hotel and HBE Corporation d/b/a Adam's Mark Hotels & Resorts, Defendants. No. Civ.A. 98-2241. United States District Court, E.D. Pennsylvania. June 25, 1999. Samuel A. Dion, Philadelphia, PA, for plaintiff. Denise K. Kontrack, Philadelphia, PA, for defendants. MEMORANDUM LOW...
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ORDER Plaintiff Pro Billiards Tour Association, Inc. (“PBTA”) seeks a protective order pursuant to Fed.R.Civ.P. 26(c)(2). That rule authorizes a court to order “that the disclosure or discovery may be had only on specified terms and conditions, including a designation of the time or place.” Underlying the motion is an audiotape recording made at a meeting between the parties on March 13, 1997. ...
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54 F.Supp.2d 581 (1999) TURNAMICS, INC.; Gregory Patrick Justus; Patricia Lynn Justus; Ronald Parker; Trudy Parker; Harvey Speigel; and Sterling Trust Company, a Texas Corporation and Trustee for IRA Account 34287 of Gregory Patrick Justus, as Trustee only, Plaintiffs, v. ADVANCED ENVIROTECH SYSTEMS, INC., a Texas Corporation; Cambridge Financial Corporation, Inc., a Texas Corporation; Matthew Fl...
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54 F. Supp. 2d 544 (1999) Roger EDMONDSON, Plaintiff, v. AMERICAN MOTORCYCLE ASSOCIATION, INC., an Ohio not for profit corporation, a/k/a American Motorcyclist Association; and Paradama Productions, Inc., an Ohio corporation, d/b/a AMA Pro Racing, Defendants. No. CIV. 1:96CV235. United States District Court, W.D. North Carolina, Asheville Division. February 10, 1999. *545 *546 George Ward Hendon,...
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55 F. Supp. 2d 334 (1999) COUNTY COUNCIL OF NORTHAMPTON COUNTY, Plaintiff, v. SHL SYSTEMHOUSE CORP., Defendant, v. Northampton County, Third Party Defendant. Civil Action No. 98-0088. United States District Court, E.D. Pennsylvania. June 25, 1999. Karl F. Longenbach, Bethlehem, PA, for plaintiff. Ronald P. Schiller, Joseph Kernen, Elizabeth J. Feeney, Piper & Marbury L.L.P., Philadelphia, PA,...
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MEMORANDUM REGARDING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, PLAINTIFF’S MOTION FOR SEPARATE TRIALS, PLAINTIFF’S MOTION TO STRIKE (Docket Nos. 42, 46, 53) I. INTRODUCTION When defendants house was damaged, they submitted a claim to their insurer, plaintiff Preferred Mutual Insurance Company, under their homeowners policy. Plaintiff denied the claim and filed suit se...
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MEMORANDUM AND ORDER THIS MATTER is before the Court on the Defendant’s motion for summary judgment, opposed by the Plaintiff. For the reasons stated herein, the Defendant’s motion is granted and the action is dismissed. I. STATEMENT OF FACTS This action is unique in that the parties agree on the facts although their inferences therefrom differ. Keith Smith, an African Ameri...
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52 F. Supp. 2d 1081 (1999) AL-CAST MOLD & PATTERN, INC. v. PERCEPTION, INC. No. 99-CV-590 (JMR/FLN). United States District Court, D. Minnesota. June 18, 1999. *1082 George Lewis May, May Law Office, Hastings, MN, Terence G O'Brien, for Al-Cast Mold & Pattern Inc., a Minnesota corporation, plaintiff. Justin Harley Perl, Mark Wayne Lee, Maslon Edelman Borman & Brand, Minneapolis, MN, f...
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52 F. Supp. 2d 403 (1999) Mary KILVITIS, Plaintiff, v. COUNTY OF LUZERNE, Court of Common Pleas of Luzerne County, and James Tupper, District Justice. No. 3:CV-98-1824. United States District Court, M.D. Pennsylvania. June 25, 1999. *404 *405 Kimberly D. Boreland, Wilkes — Barre, PA, for plaintiff. Mary C. Keane, Philadelphia, PA, for defendant. MEMORANDUM VANASKIE, District Judge. On November 6...
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*1072 ORDER (l)DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION; (2) GRANTING DEFENDANTS’ REQUEST FOR JUDICIAL NOTICE; (3) ISSUING FINDINGS OF FACT AND CONCLUSIONS OF LAW I. PROCEDURAL BACKGROUND On April 15, 1999, plaintiff Playboy Enterprises, Inc. (“PEI”) filed a Motion for Preliminary Injunction against defendant Netscape Communications Corp. and against defend...
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MEMORANDUM AND ORDER This matter is before the Court upon Defendants’ Motion to Dismiss. For the following reasons, Defendants’ motion is granted in part and denied in part. BACKGROUND Plaintiffs consist of various health maintenance organizations attempting to recoup healthcare costs they incurred for their members’ tobacco-related illnesses. Plaintiffs allege that Defendants c...
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Decision on Defendants’ Counterclaims and Sanctions Decision Essentially, the only open matters to be decided to reach finality are the questions of the recovery of costs and expenses claimed by defendants in counterclaims against plaintiffs for contract breach, and sanctions against the plaintiffs’ attorneys. The questions are raised (1) by the Counterclaims of defendants cast in form of b...
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OPINION AND ORDER Plaintiff Rosaura Centano brings this action under section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), to review a final determination of the Commissioner, of Social Security (the “Commissioner”) denying plaintiffs application for Supplemental Security Income (“SSI”) benefits. The Administrative Law Judge (“ALJ”), in his decision denying benefi...
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57 F. Supp. 2d 108 (1999) UNITED STATES of America v. Frank SERAFINI. No. 3:CR-97-0225. United States District Court, M.D. Pennsylvania. June 23, 1999. *109 *110 *111 Bruce Brandler, Asst. U.S. Atty., Harrisburg, PA, for plaintiff. Sal Cognetti, Dan Breyer, Scranton, PA, for defendant. MEMORANDUM VANASKIE, District Judge. Presently pending before the Court is a "Jury Questionnaire" proposed on b...
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51 F. Supp. 2d 919 (1999) Cynthia MYERS, Plaintiff, v. Karen HASARA and Gail Danner, Defendants. No. 97-3295. United States District Court, C.D. Illinois, Springfield Division. June 8, 1999. *920 *921 James P. Baker, Springfield, IL, for plaintiff. Robert M. Rogers, Springfield, IL, Bradley B. Wilson, Springfield, IL, for defendants. OPINION RICHARD MILLS, District Judge. The motion to dismiss w...
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MEMORANDUM REGARDING PLAINTIFF’S MOTION FOR AN ORDER TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CONTEMPT, PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT, PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT, PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S STATEMENTS, AND PLAINTIFF’S APPLICATION FOR FEES AND COSTS I. ...
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54 F.Supp.2d 97 (1999) Luz N. RUIZ, Plaintiff, v. CARIBBEAN RESTAURANTS, INC., Defendant. No. Civ.97-1612DRD. United States District Court, D. Puerto Rico. June 9, 1999. *98 *99 OPINION AND ORDER DOMINGUEZ, District Judge. Pending before the Court is Defendant's, Caribbean Restaurants, Inc. ("CRI"), Motion For Summary Judgment (Docket No. 22), which Plaintiff, Luz N. Ruiz ("Ruiz"), opposed (Do...
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52 F.Supp.2d 1084 (1999) J.B. HUNT TRANSPORT, INC., et al., Plaintiffs, v. GENERAL MOTORS CORPORATION, et al., Defendants. No. 4:98CV252 CDP. United States District Court, E.D. Missouri, Eastern Division. June 3, 1999. *1085 Michael A. Lawder, Hinshaw and Culbertson, Belleville, IL, for J.B. Hunt Transport, Inc., William Miles, plaintiffs. Dan H. Ball, Kevin A. Sullivan, Thompson Coburn, St. Loui...
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52 F.Supp.2d 254 (1999) UNITED STATES of America, Plaintiff, v. THE REAL PROPERTY WITH ANY IMPROVEMENTS THEREON LOCATED AT 40 CLARK ROAD, SANDISFIELD, MASSACHUSETTS, et al., Defendants. No. CIV A 97-30157-MAP. United States District Court, D. Massachusetts. June 22, 1999. *255 *256 Ariane D. Vuono, United States Attorney's Office, Kevin O'Regan, United States Attorney's Office, Springfield, MA, P...
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MEMORANDUM AND ORDER THIS MATTER came on for trial before the undersigned on July 14, 1998. For the reasons set forth below, the Court finds for the Defendant. I. OPENING In September 1932, the residents of Haywood County, a progressive rural county in Western North Carolina, gathered to dedicate their new courthouse which had taken over a year to construct. Defendant’s Exhi...
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54 F.Supp.2d 554 (1999) BOB McLEMORE & CO., Inc.; Aff, Inc., and Robert V. McLemore, Plaintiff, v. BRANCH BANKING & TRUST, CO.; HFNC Financial Corp.; and Home Federal Savings & Loan Association, Defendants. No. Civ. 3:97CV396. United States District Court, W.D. North Carolina, Charlotte Division. February 25, 1999. *555 Wyatt B. Durrette, Jr., Richmond, VA, Norman A. Smith, Smith and ...
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55 F. Supp. 2d 403 (1999) John William RUDASILL, Jr.; and Vickie Costner Rudasill, Plaintiffs, v. WORLDWAY CORPORATION, Defendant. No. CIV. 4:97CV201-T. United States District Court, W.D. North Carolina, Shelby Division. April 15, 1999. *404 R.L. Gilbert, III, Bridges & Gilbert, P.A., Shelby, Michael L. Minsker, Charlotte, for John William Rudasill, Jr., Vickie Costner Rudasill, plaintiffs. M...
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DECISION AND ORDER Plaintiff Sherman Webster claims that Wisconsin Power & Light Company [“WPL”] denied him a promotion from his position as a “line truck operator” to a position as a “heavy duty earth borer operator” because he is a Native American. WPL has moved for summary judgment, claiming that it denied him the promotion only because he incorrectly answered a number of safety-relate...
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MEMORANDUM AND ORDER THIS MATTER is before the Court on the Plaintiffs’ motion for class certification which is opposed by the defendants. In addition, Defendant Barnett has filed timely objections to the Memorandum and Recommendation of United States Magistrate Judge Max 0. Cog-burn, Jr. Both matters are addressed. I. PROCEDURAL BACKGROUND In August 1998, Plaintiffs initiated this action seeki...
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54 F. Supp. 2d 585 (1999) AUTO OWNERS INSURANCE COMPANY, Plaintiff, v. Hazel S. SAUNOOKE, Individually and as Executrix of the Estate of Alan B. Stalcup, Deceased, Defendant. No. 2:99CV79. United States District Court, W.D. North Carolina, Bryson City Division. May 27, 1999. Allan R. Tarleton, Dale A. Curriden, Van Winkle, Buck, Wall, Starnes & Davis, Asheville, NC, for plaintiff. *586 Charle...
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MEMORANDUM AND ORDER THIS MATTER is before the Court on the Plaintiffs timely filed objections to the Memorandum and Recommendation of United States Magistrate Judge Max O. Cogburn, Jr. Pursuant to standing orders of designation and 28 U.S.C. § 636, the undersigned referred the motion to dismiss of the United States to the Magistrate Judge for a recommendation as to disposition.1 Having conduct...
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51 F. Supp. 2d 1094 (1999) UNITED STATES of America v. ONE JUVENILE MALE, Defendant. No. CR 99-59-PA. United States District Court, D. Oregon. June 23, 1999. *1095 Kristine Olson, United States Attorney, District of Oregon, Michael W. Mosman, Assistant United States Attorney, Portland, OR, for United States of America. Nancy S. Bergeson, Ruben L. Iniguez, Assistant Federal Public Defenders, Portl...
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ORDER The government seeks review of the Magistrate Judge’s order setting conditions of release. Defendant is being charged with kidnaping a minor child in violation of Title 18 United States Code section 1201 and with unlawfully transporting a child in interstate commerce for the purpose of engaging in sexual activity in violation of the Mann Act, Title 18 United States Code section 2423. De...
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MEMORANDUM ORDER Both sides seek summary judgment on the First and Fifth Counterclaims asserted by defendant Northrop Grumman Corporation (“Northrop”). On June 22, 1999, the Court telephonically informed counsel that Northrop’s motion would be denied and CBS’ motion would be granted in part and denied in part. This Memorandum Order will formally confirm those rulings and briefly state...
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ORDER 2 Plaintiff, Ronnie L. Young, pursuant to 42 U.S.C. § 405(g), appeals the decision of the Commissioner denying Social Security benefits. 3 Plaintiff asserts that the Commissioner erred because (1) Plaintiff meets a Listing, (2) the ALJ’s residual functional capacity evaluation of Plaintiff is not supported by substantial evidence, and (3) the ALJ’s findings at Ste...
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52 F. Supp. 2d 1330 (1999) Jane WOLD, Plaintiff, v. HUNT OIL COMPANY, a Delaware corporation, Defendant. No. 98-CV-196-J. United States District Court, D. Wyoming. June 11, 1999. *1331 JN Murdock, Nick Murdock & Associates, Casper, WY, for Jane Wold, plaintiff. Charles L Kaiser, Charles A Breer, Davis Graham & Stubbs, Denver, CO, for Hunt Oil Company, a Delaware corporation, defendant. O...
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52 F.Supp.2d 1090 (1999) Jennifer NEAL, et al., Plaintiffs, v. ST. LOUIS COUNTY, et al., Defendants. No. 4:98CV195 RWS. United States District Court, E.D. Missouri, Eastern Division. June 9, 1999. *1091 Harold L. Whitfield, Whitfield and Associates, Kirkwood, MO, for plaintiffs. Christopher J. McCarthy, St. Louis County Counselor's Office, Clayton, MO, for defendants. MEMORANDUM AND ORDER SIPPEL...
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ORDER AFFIRMING AND ADOPTING MAGISTRATE JUDGE’S RECOMMENDATION This matter is before the Court on Plaintiffs pro se copyright infringement complaint pursuant to the Federal Copyright Act, 17 U.S.C. § 101 et seq. The matter was referred to Magistrate Judge Donald E. Abram for a Recommendation, which was issued on June 4, 1997 and is incorporated herein by reference. See 28 U.S.C...
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MEMORANDUM When the events giving rise to this suit took place, plaintiff John Johnson was a prisoner in the custody of the Pennsylvania Department of Corrections (“DOC”), placed in the Onwards, Inc. facility (“Onwards”), a Community Contract Facility located in the City of Philadelphia. While housed at Onwards, plaintiff observed nu *549 merous fire code and safety viola...
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54 F. Supp. 2d 451 (1999) Steven Harrison SMITH v. SOCIAL SECURITY ADMINISTRATION. Civ. A. No. 97-CV-3406. United States District Court, E.D. Pennsylvania. June 29, 1999. *452 Steven H. Smith, Philadelphia, PA, pro se. William B. Reeser, Social Security Admin., Region III, Philadelphia, PA, for defendant. MEMORANDUM AND ORDER JOYNER, District Judge. This is a civil action brought by Plaintiff, S...
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DECISION AND ORDER The plaintiff filed this action for unfair competition under the Lanham Act, 15 U.S.C. § 1125, based on the defendants’ alleged infringement of its unregistered trade and service marks, “Title 1” and “Title I”. The defendants have moved to dismiss the action for lack of subject matter jurisdiction, arguing that the dispute involves only intrastate as opposed to intersta...
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54 F.Supp.2d 874 (1999) The CONTINENTAL INSURANCE COMPANY and National Ben-Franklin Insurance Company of Illinois, Plaintiffs, v. Jeffrey H. GARRISON, Christie R. Garrison and NationsBank Corporation, Defendants. No. 98-C-191. United States District Court, E.D. Wisconsin. June 16, 1999. *875 *876 Barbara A. O'Brien, Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee, WI, Steven Leder, Niles,...
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MEMORANDUM OPINION Plaintiffs, Henry and Philip Edelman, bring this diversity action against Smith Barney and Elizabeth Clark pursuant to New York Civil Practice Law and Rules § 3001, seeking a judgment declaring them the lawful beneficiaries to the proceeds in their late father’s retirement plan (hereafter, “the Edelman Plan”). Presently before the court is defendant Elizabeth Clark’s motion...
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*1028 DECISION AND ORDER After a trial that ended on June 7, 1999, the jury returned a verdict in favor of plaintiff Keith Harris on his remaining claim under 42 U.S.C. § 1983. That claim charged city librarian Kathleen Huston with having violated his right to procedural due process by failing to provide him with an adequate pre-termination hearing before firing him from his job as a custodia...
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54 F. Supp. 2d 566 (1999) STRATEGIC OUTSOURCING, INC.; Summit Services, Inc.; Summit Services, Inc. Health Plan; and Strategic Outsourcing, Inc. Health Plan, Plaintiffs, v. COMMERCE BENEFITS GROUP AGENCY, INC.; South Lorain Merchants Association, Inc.; SLMA Health Benefits Plan; SLMA HBPI Trust; Diversified Benefit Plans Agency, Inc.; and Thomas J. Patton, Defendants. Civil No. 3:97CV613. United ...
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54 F. Supp. 2d 574 (1999) Beatrice C. WOODY and Jolly William Woody, Plaintiffs, v. Robert (Bob) WALTERS, Individually and in his capacity as ERISA fiduciary; Thomasville Upholstery, Inc.'s Medical Benefits Plan; Dave Masters, Individually and in his capacity as ERISA fiduciary; Thomasville Upholstery, Inc., Severance Pay Plan for Salaried Employees of Thomasville Furniture, Inc.; and Sharon Bosw...
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DECISION AND ORDER Factual Background In this products liability action, plaintiff Carol Guild (hereinafter Guild) claims that her 1987 Cutlass, manufactured by defendant General Motors, (hereinafter GM) was “uncrashworthy” in that it was equipped with a defective and unsafe seat belt system. Specifically, Guild alleges that the seat belt system utilized in her automobile was def...
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ORDER RE CROSS-MOTIONS FOR SUMMARY JUDGMENT I. INTRODUCTION Plaintiffs Everett Associates, Inc. (“Everett”) and Donald Payne (“Payne”) bring the above-captioned action against Defendant insurance companies Transcontinental Insurance Company (“Transcontinental”) and American National Fire Insurance Company (“American”) for claims resulting from their alleged unreasonable a...
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58 F.Supp.2d 331 (1999) SILICON GRAPHICS, INC., a Delaware corporation, Plaintiff, v.n VIDIA CORP., a California corporation, Defendant. Civil Action No. 98-188-RRM. United States District Court, D. Delaware. June 24, 1999. *332 Jack Blumenfeld and Thomas C. Grimm, Morris, Nichols, Arsht & Tunnell, Wilmington, DE; Mark A. Flagel, Latham & Watkins, Los Angeles, CA; David A. Nelson, Latham ...
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ORDER Before the Court is Defendants’ Motion to Dismiss Second Amended Complaint and Notice of Adoption of Motion to Dismiss and Memorandum of Law Previously Filed (Dkt.41). Having reviewed the Second Amended Complaint (Dkt.40), and the arguments asserted, the Court grants the motion. Allegations of Second Amended Complaint Roger Morgan Wimer is the natural/biological father of Matthew ...
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52 F.Supp.2d 607 (1999) Rex KEPHART, Plaintiff, v. CHEROKEE COUNTY, NORTH CAROLINA; Rick Honeycutt, in his individual and official capacities as County Manager; Charles Laney, in his individual and official capacities as former County Commissioner; Eugene Morrow, in his individual and official capacities as County Commissioner; and George Postell, in his individual and official capacities as Coun...
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70 F. Supp. 2d 52 (1999) Norman and Sandra HENRY, as parents and next friends of Matthew Henry, a minor v. SCHOOL ADMINISTRATIVE UNIT # 29 and Keene School District Civil No. 98-648-B. United States District Court, D. New Hampshire. June 28, 1999. *53 Mark D. Attorri, Martha V. Gordon, Nelson, Kinder, Mosseau & Gordon, PC, Manchester, NH, Richard L. O'Meara, Murray, Plumb & Murray, Portla...
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ORDER Petitioner is scheduled to be executed by the State of Arizona on February 3, 1999. On February 2, 1999, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (File doc. 1). Petitioner alleges that execution after almost 18 years on death row constitutes cruel and unusual punishment in violation of the Eighth Amendment. Respondents have filed a response and P...
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ORDER ON DEFENDANTS KOMATSU AMERICA INDUSTRIES CORP. AND KOMATSU MEXICANA, S.A. de C.V.’S MOTION FOR SUMMARY JUDGMENT, ORDER ON DEFENDANTS’ MOTION FOR LEAVE TO FILE MOTION FOR SUMMARY JUDGMENT ON ISSUE OF PUNITIVE DAMAGES, AND ORDER ON PLAINTIFF’S MOTION FOR ORAL ARGUMENT Defendants Komatsu America Industries Corp. and Komatsu Mexicana, S.A. de C.V. (collectively “Komatsu”) filed a motion...
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OPINION A legal education is a wonderful thing. When the flight attendant on Trans States *351 Airlines Flight 7669 departing New York for Richmond told Bruce Schaeffer, an attorney specializing in corporate franchise matters, that he was not permitted to bring two pieces of luggage on board, he vigorously protested, asserting his alleged knowledge of airline regulations and procedures. Whe...
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OPINION AND ORDER I. Factual Background On October 29, 1996, Thomas Eison, a pro se plaintiff, submitted a Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, request to the Long Island Field Office of the FBI, seeking information regarding his arrest for first degree robbery. See Declaration of Scott A. Hodes (“Hodes Dec.”), Freedom of Information-Privacy Acts Section attorney-advisor...
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OPINION Defendants Christy Lynn (“Christy”) and Nathan L. Korman (“Korman”) have moved, pursuant to Local Rule 6.3 to reargue those portions of this Court’s opinion of January 27, 1999 (the “Opinion”) denying Korman’s motion for summary judgment, and denying in part Christy’s motion for summary judgment to the extent of sustaining an alter ego claim against Christy. For the reasons stated below...
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OPINION & ORDER Plaintiff Paul Valentine, appearing pro se, brings this action alleging that defendant Standard & Poor’s (“S & P”), his former employer, discriminated against him .in violation of the Americans with Disabilities Act (the “ADA”), as codified, 42 U.S.C. §§ 12101 et seq., and discharged him in retaliation for filing a complaint with the.Equal Employment Opportunity...
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OPINION Plaintiff D.C. Precision, Inc. (“D.C.Precision”) brought this action against defendants the United States Government (the “government”), Jugobanka A.D. (“Jugo-banka”), and Beogradska Banka A.D. (“Beogradska Banka”), seeking compensatory, declaratory, and injunctive relief on the ground that the blocking of its funds on deposit in a New York agency of a Yugoslav bank constitutes an...
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ORDER On May 19, 1999, Magistrate Judge Karol issued a Report and Recommendation *79 regarding Apple Computer, Inc.’s (Apple) motion for partial summary judgment as to the date of notification of the alleged infringement. Neither party has filed an objection to the Magistrate Judge’s determination that Articulate System, Inc. (Articulate) presented sufficient evidence for...
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54 F.Supp.2d 66 (1999) Kristen CANTY, Jeffrey Canty, and Terri Canty, Plaintiffs, v. OLD ROCHESTER REGIONAL SCHOOL DISTRICT, The School Committee of Old Rochester Regional School District, Joan Walsh, Robert Gardner, and John Shockro, Defendants. No. Civ.A. 98-11531-WGY. United States District Court, D. Massachusetts. June 21, 1999. *67 Craig A. MacDonnell, Keegan, Werlin & Pabian, LLP, Bosto...
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54 F. Supp. 2d 885 (1999) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Applicant, v. CITY OF MILWAUKEE, Respondent. No. 99-MISC-5. United States District Court, E.D. Wisconsin. June 22, 1999. *886 Dennis R. McBride, Milwaukee, WI, for Applicant. Leonard A. Tokus, Milwaukee, WI, for Respondent. DECISION AND ORDER ADELMAN, District Judge. On March 4, 1999, the Equal Employment Opportunity Commission f...
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ORDER GRANTING ACS’ MOTIONS FOR SUMMARY JUDGMENT OF VALIDITY AND INFRINGEMENT AND DENYING ACS’ MOTION FOR SUMMARY JUDGMENT OF ENFORCEABILITY AND SCIMED’S MOTIONS FOR SUMMARY JUDGMENT OF INVALIDITY AND NO WILLFUL INFRINGEMENT Plaintiff Advanced Cardiovascular Systems, Inc. (ACS) moves for summary judgment that the asserted claims of U.S. Patent No. 5,496,275 (the Sirhan patent) are valid, ...
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MEMORANDUM OPINION This matter now presents the question whether the Court should permit defendants to videotape the deposition of one of the plaintiffs, Prince Rogers Nelson, better known to music fans as Prince or The Artist Formerly Known As Prince, and, if so, on what terms. The parties have presented the matter to the Court by letters and argued it via telephone conference call. They have ...
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Opinion The sixth superseding indictment in this case charges fifteen Defendants with numerous crimes arising from, among other things, the August 1998 bombings of the United States’ embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, as well with subsequent attempts to hinder the investigation into those crimes. Five of the Defendants are presently in the custody of the Bureau of P...
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ORDER INTRODUCTION At a pre-trial conference held before this Court on June 4, 1999, the issue of whether a bench trial is appropriate in the above-captioned matter was raised. PROCEDURAL HISTORY On June 17,1997, Plaintiff filed the original complaint in the Supreme Court of the State of New York in New York County (# 110914/97); no explicit request for a jury trial was...
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54 F. Supp. 2d 864 (1999) Jacob C. CHAPMAN, Plaintiff, v. CHRYSLER CORPORATION, Defendant. No. IP 96-1714-C-T/G. United States District Court, S.D. Indiana, Indianapolis Division. April 28, 1999. John O. Moss, John O. Moss & Associates, Indianapolis, IN, for plaintiff. Susan B. Tabler, Ice Miller Donadio & Ryan, Indianapolis, IN, for defendant. Entry Regarding Motion to Disqualify Defens...
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ORDER ON DEFENDANTS’ MOTIONS TO DISMISS This cause is before the Court on Defendant, Delicatessen Support Services Inc.’s [hereinafter “Delicatessen”], Motion to Dismiss, (Dkt.15), Defendant, Boar’s Head Provisions Co., Inc.’s [hereinafter “Boar’s Head”], Motion to Dismiss, (Dkt.18), Defendant, Joseph Egan’s [hereinafter “Defendant Egan”], Motion to Dismiss Count IV(B) of the Complain...
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54 F. Supp. 2d 1289 (1999) Marlene ARISTIL, individually and as parent and natural guardian for John D. Wilson, Plaintiffs, v. The HOUSING AUTHORITY OF THE CITY OF TAMPA, FLORIDA, a political subdivision of the State of Florida, Defendant. No. 99-22-CIV-T-17F. United States District Court, M.D. Florida, Tampa Division. June 8, 1999. *1290 Earl M. Johnson, Jr., Earl M. Johnson, Jr., P.A., Jacksonv...
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MEMORANDUM OPINION AND ORDER Plaintiff Technic Engineering, Limited f/k/a Fitzroy Engineering, Ltd. (“Technic”) has filed an eight-count Third Amended Complaint against Defendants Basic Envi-rotech, Inc. (“Envirotech”), Basic International, Inc. (“Basic International”) and John N. Basic, Sr., John Basic, Jr., Marijo Basic and Margaret Mary “Peggy” Basic (the “Individual Defendants”). ...
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68 F. Supp. 2d 920 (1999) AVENT AMERICA, INC., an Illinois corporation, and Cannon Rubber Limited, an English corporation, Plaintiffs, v. PLAYTEX PRODUCTS, INC., a Delaware corporation, Defendant. No. 98 C 2663. United States District Court, N.D. Illinois, Eastern Division. June 24, 1999. *921 *922 Kyle G. French, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, Daniel John Voelker, Will...
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MEMORANDUM AND ORDER Plaintiff Integon National Insurance Company and Bankers and Shippers Insurance Company (“Integon”) move pursuant to Fed.R.Civ.P.Rule 56 for summary judgment against Defendant The Welcome Corporation T/A Thrifty Car Rental (“Thrifty”) declaring that Thrifty is primarily liable to defend an action pending in the Supreme Court of the State of New York, County of Westche...
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*220 MEMORANDUM DECISION AND ORDER Plaintiff Kellen Company, Inc. (“Kel-len”), brought this action against defendant Calphalon Corporation (“Calphalon”), seeking to recover unpaid commissions and other damages pursuant to the New York Sales Representative Act, New York Labor Law, §§ 191-a — 191-c. Before the Court is defendant’s motion pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss...
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OPINION AND ORDER On December 23, 1998, plaintiff SAT-COM International Group PLC (“SATCOM”) filed this action seeking damages and a permanent injunction as well as interim injunctive relief against defendant *233ORBCOMM International Partners, L.P. (“ORBCOMM”). On March 18, 1999, the Court issued an Order denying the motion for a preliminary injunction. On April 20, 1999, SATCOM filed a notice...
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ENTRY ON PLAINTIFF’S MOTION FOR RELIEF FROM JUDGMENT The issue is whether this court should now vacate a judgment in a diversity case after the Supreme Court of Indiana decided the controlling issue of state law contrary to the decisions of this court and the Seventh Circuit. The timing of the state court’s decision enabled the losing party in this federal case to seek relief from judgment after ...
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MEMORANDUM OPINION AND ORDER The respondent moves to dismiss the instant petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2255, or alternatively, 28 U.S.C. § 2241, on the grounds that petitioner failed to comply with the statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act (“AEDPA”) of 1996, and because relief under § 2241 is unavailable. For t...
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104 F.Supp.2d 569 (1999) CABLE-LA, INC., Plaintiff, v. WILLIAMS COMMUNICATIONS, INC., fka VYVX, Inc., Defendant, and Williams Communications, Inc., fka VYVX, Inc., Counter-Claimant, v. Cable-La, Inc., and Nobel Insurance Company, Counter-Defendants, and Cable-La, Inc., Third-Party Plaintiff, v. Whiting Construction Co., Inc., and Great American Insurance Company, Third-Party Defendants, and Whiti...
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MEMORANDUM AND ORDER These two cases involve a resident population of civilly-committed sexually dangerous persons at the Massachusetts Treatment Center for Sexually Dangerous Persons in Bridgewater, Massachusetts (the “Treatment Center”). They enter their final stage on the defendants’ renewed motion to vacate or terminate longstanding consent decrees which were put in place approxim...
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ORDER Plaintiffs bring this action under the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (NEPA), the Federal Land Policy Management Act, 43 U.S.C. § 1701 et seq. (FLPMA), and the Administrative Procedure Act, 5 U.S.C. § 701 et seq. (APA), challenging defendant the Bureau of Land Management’s (BLM) alleged failure to meet its procedural and substantive duties required by la...
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ORDER Plaintiff, Joseph T. McGinness (“Plaintiff’), brings this action against Defendant, Commissioner of Internal Revenue Service (“Defendant or IRS”), pursuant to Internal Revenue Code (“I.R.C.”) § 7426, seeking reimbursement of funds levied upon by Defendants. Plaintiff originally named the Commissioner of the IRS, the District Director of the IRS, Attorney General of the United States, Jane...
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MEMORANDUM OPINION This matter is before the Court on cross-motions for summary judgment. Plaintiff Alliance for the Wild Rockies is a not-for-profit organization dedicated to preserving native diversity in the Rockies and plaintiff Michael Bader serves as its executive director. Plaintiffs bring this action for declaratory and injunctive relief pursuant to the Freedom of Information Act (“FO...
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MEMORANDUM OPINION This case concerns a challenge to a March 25, 1998 decision of the Department of Energy’s Office of Hearings and Appeals (“OHA”) that awarded refunds totaling $1,716,784 from a fund created pursuant to the Citronelle Settlement Agreement to eleven agricultural cooperatives and fourteen airlines. The agricultural cooperatives have intervened in this case, but the airline...
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*677 ORDER ON DEFENDANT’S MOTION TO DISMISS THIS CAUSE is before the Court on Defendant, Charles J. Lukey’s [hereinafter “Charles Lukey”], Motion to Dismiss, (Dkt.29), filed on May 7, 1999, and Plaintiffs, Vernon A. Raber’s and June D. Raber’s, response thereto, (Dkt.32), filed on May 25, 1999. STANDARD OF REVIEW A district court should not dismiss a complaint unless it appears, “beyond doubt...
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54 F.Supp.2d 1127 (1999) BILL BUCK CHEVROLET, INC., a Florida corporation, and All Those Similarly Situated, Plaintiff, v. GTE FLORIDA, INC., Defendant. No. 99-23-CIV-T-17A. United States District Court, M.D. Florida, Tampa Division. June 22, 1999. *1128 Robert Cyril Widman, Morris & Widman, P.A., Venice, FL, Herbert Tobias Schwartz, Williams Bailey Law Firm, L.L.P., Houston, TX, for Bill Buc...
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*1015 MEMORANDUM OF DECISION AND ORDER On January 16, 1998, plaintiff, Sherri E. Hite (“Hite”) filed her complaint against Defendant Biomet, Inc. (“Biomet”) alleging violations of the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. § 2617, the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12111, et seq., and the Employee Retirement Income Security A...
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52 F. Supp. 2d 950 (1999) Rodney PETTIS, Plaintiff, v. ALEXANDER GRAPHICS, LTD., d/b/a Alexander Press, Defendant. No. IP 97-1969-C H/G. United States District Court, S.D. Indiana, Indianapolis Division. March 11, 1999. *951 Denise K. LaRue, Lester H. Cohen, Bradley L. Wilson, Haskin Lauter Cohen & Larue, Indianapolis, IN. Jack H. Rogers, Patricia L. Ogden, Barnes & Thornburg, Indianapoli...
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54 F. Supp. 2d 867 (1999) Robert D. SPEEDY, Plaintiff, v. REXNORD CORPORATION, Defendant. No. IP 98-0687-C-T/G. United States District Court, S.D. Indiana, Indianapolis Division. May 5, 1999. *868 John H. Haskin, Craig Wiley, Haskin Lauter Cohen & Larue, Indianapolis, IN, for plaintiff. Pamela V. Keller, Ice Miller Donadio & Ryan, Indianapolis, IN, for defendants. Entry On Motion to Disq...
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*796 ORDER-MEMORANDUM AND NOW this 21th day of June, 1999, upon .consideration of Michelle Stecyk’s petition for approval of the Settlement for the benefit of her minor son, a supplement petition (doc. no. 304), and following two hearings at which evidence was received, and a scheduling conference with counsel for the parties, it is hereby ORDERED that the petitions are DENIE...
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58 F.Supp.2d 959 (1999) Thomas A. ROUTES, Plaintiff, v. William HENDERSON, Postmaster of the United States Postal Service, Defendant. No. IP 97-494-C M/S. United States District Court, S.D. Indiana, Indianapolis Division. May 21, 1999. *960 *961 *962 Kenneth E. Lauter, Haskin Lauter Cohen & Larue, Indianapolis, IN. Tim A. Baker, AUSA, Office Of The United States Attorney, Indianapolis, IN. O...
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*24 MEMORANDUM OPINION & ORDER INTRODUCTION This matter is before the Court for review of the decision by the Bureau of Prisons (“BOP”) to forcibly administer an-tipsychotic drugs to the defendant, a pretrial detainee presently committed to a federal facility to restore his competency to stand trial. BACKGROUND On April 22, 1999, the Court committed the...
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55 F. Supp. 2d 1056 (1999) Lisa Hervatin ANDRIC and Lawrence Low, Plaintiffs, v. State of CALIFORNIA, Defendant. No. CV 96-3634 AHM VAPx. United States District Court, C.D. California. June 22, 1999. *1057 Leo James Terrell, Beverly Hills, CA, for plaintiff Lisa Hervatin Andric. Neville L. Johnson, Johnson & Rishwain LLP, Los Angeles, CA, for plaintiff Hon. Lawrence Low. John M. Rea, Chief Co...
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This matter came for hearing upon the plaintiffs’ motion for a new trial, seeking this Court to reexamine its previous dismissal of the plaintiffs’ federal suit. Oral arguments were waived and this matter was taken under submission on the briefs only. The Court, having reviewed the record, the applicable law, and the memoran-da of the parties, is fully advised in the premises and ready to rule....
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ORDER AND REASONS The court addresses here the pro se petition of Elmore J. Williams for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Williams is a state prisoner incarcerated in the Louisiana State Penitentiary at Angola, Louisiana. He was convicted of second degree murder under La.Rev.Stat. § 14:30.1 after trial by jury in the Criminal District Court for the Parish of Orleans, State of ...
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Before the court are the following motions: (1) Motion for Summary Judgment filed by Defendants, ABB Lummus Global, Inc. (“ABB”) and Mobil Corporation (“Mobil”) against Defendants Dickson GMP International (“Dickson”), American International Underwriters (“AIU”), and Lexington Insurance Co. (“Lexington”). Dickson and AIU filed a joint opposition. Lexington also filed an opposition. (2) Cross ...
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ORDER This matter is before the court on Petitioner Terry Marsh’s Petition for Writ of Habeas Corpus (# 1). In that petition, Marsh challenges his sentences for his 1993 state-court convictions for three counts of aggravated criminal sexual abuse. As ordered, the Respondent Jerry Gilmore has filed an answer to the petition (# 8), as well as a copy of the state court record (# 9). *927Following a...
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MEMORANDUM AND ORDER The plaintiffs (the “Miamis”) have filed a motion to supplement the administrative i;ecord through expert testimony. The defendants — collectively called the Government in this memorandum — oppose the motion. For the following reasons, the court denies the Miamis’ motion for discovery and to supplement the administrative record through expert testimony. In 1980, the Miamis ...
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MEMORANDUM OPINION Plaintiff, a detainee of the Immigration and Naturalization Service who is being held at Piedmont Regional Jail in Virginia, filed this pro se action under 42 U.S.C. § 1983 alleging that his constitutional rights have been violated. Upon review of the complaint, it does not appear that plaintiff has exhausted the administrative remedies available to him c...
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54 F. Supp. 2d 983 (1999) ZZ TOP, et al., Plaintiffs, v. CHRYSLER CORPORATION, Defendant. No. C98-0940L. United States District Court, W.D. Washington, at Seattle. June 22, 1999. *984 Joseph D. Schleimer, Beverly Hills, CA, Charles K Wiggins, Kenneth W Masters, Wiggins Law Offices, Bainbridge Island, WA, for plaintiffs. Harry H Schneider, Jr., Susan Donnelly Fahringer, Perkins Coie, Seattle, WA, ...
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54 F.Supp.2d 986 (1999) UNITED STATES of America, Plaintiff, v. Michael Andre CRUMPTON, Lateshia Harden, Darien Hunter, and Devon Camack, Defendants. Nos. 96-CR-419-D, 98-CR-260-D. United States District Court, D. Colorado. June 29, 1999. *987 *988 *989 Stephanie Podolak, Assistant U.S. Attorney, Denver, CO, for plaintiff. Charles A. Agbakwu, Aurora, CO, Nina A. Iwashko, Canges, Iwashko & Bet...
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ORDER CONSTRUING HABEAS PETITION AS SECTION 2255 MOTION AND ORDER TRANSFERRING MOTION TO UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Defendant, Rodney E. White, Bureau of Prisons (BOP) registration number 32695-083, an inmate at the Federal Correctional Institution at Memphis (FCI), has filed a second document styled as a petition under 28 U.S.C. § 2241. In 1991, a grand jury the Un...
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MEMORANDUM AND ORDER A professional golfer whose physical condition prevents him from playing a full round of golf on foot seeks an order allowing him to use a golf cart to qualify for and compete in the United States Open golf tournament. The Americans with Disabilities Act does not require accommodation for a disabled individual when the accommodation would fundamentally alter the nature of...
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54 F. Supp. 2d 850 (1999) ZIMMER, INC., Plaintiff, v. NU TECH MEDICAL, INC., Defendant. No. 3:97-CV-780 RM. United States District Court, N.D. Indiana, South Bend Division. March 31, 1999. *851 Edward A. Sullivan, III, Baker and Daniels, South Bend, David P. Irmscher, Albert J. Dahm, Baker and Daniels, Fort Wayne, IN, for Zimmer Inc., plaintiffs. Debra Voltz-Miller, Fred R. Hains and Associates, ...
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*484 MEMORANDUM OPINION Plaintiffs, German citizens, have brought this action to recover photographic archives and paintings formerly belonging to Heinrich Hoffmann Sr. Their claims are for contract damages and tort damages, and for violations of the Fifth Amendment and the Trading With the Enemy Act. 1 *485 Before the court are defendants’ motion to dismiss o...
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52 F. Supp. 2d 913 (1999) BRANDON APPAREL GROUP, INC., Plaintiff, v. QUITMAN MANUFACTURING COMPANY, INC., Defendant. Quitman Manufacturing Company, Inc., Counter-claimant, v. Brandon Apparel Group, Inc., Bradley Keywell, and Eric Lefkofsky, Counter-defendants. No. 98 C 7146. United States District Court, N.D. Illinois, Eastern Division. June 28, 1999. *914 *915 John A. Sopuch, J. Jeffrey Nouhan, ...
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54 F. Supp. 2d 602 (1999) Anwar HADDAM, Petitioner, v. Janet RENO, et al., Respondents. Civil Action No. 98-1579-A. United States District Court, E.D. Virginia, Alexandria Division. June 22, 1999. *603 Malea Kiblan, Kiblan & Battles, McLean, VA, Susan Akram, Boston University Civil Litigation Program, Boston, MA, for petitioner. Janet Reno, Attorney General of the Unites States, Washington, D...
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OPINION AND ORDER Appellants Ronald Cunningham and Charles Schott appeal this case from the United States Bankruptcy Court, Northern District of Ohio. 1 On November 3, 1998, the bankruptcy court entered its order of decision dismissing the plaintiffs’ adversary complaint for declaratory and injunctive relief against Defendants Pension Benefit Guaranty Corp. (“PBGC”), Bank One, ...
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MEMORANDUM AND ORDER The plaintiffs class action complaint, initially filed in New York State Court, and thereafter removed here, alleges that defendant USA Network, Inc., (hereafter “USA” or “USAi”) and its directors are liable to her and the class of current and prospective stockholders in breach of fiduciary duty in that they were advised that USA was getting into TV merchandising in Italy...
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MEMORANDUM OPINION AND ORDER Petitioner in the above-captioned action has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255. Respondent moves to dismiss the petition as time-barred under the statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) or, in the alternative, seeks denial of the petition on the merits. Fo...
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ORDER ON DEFENDANTS’ MOTIONS TO DISMISS PLAINTIFFS’ COMPLAINT This cause is before the Court on Defendants’ Motions to Dismiss Plaintiffs’ Complaint (Dkts. 3 and 5) and Plaintiffs’ Responses (Dkts. 9 and 10). JURISDICTION Plaintiffs, ROBERT SCOTT GEIDEL and ELLEN STEVENS, allege that Defendants, CITY OF BRADENTON' BEACH, MICHAEL CHARLES KLEM-KOSKY and CHARLES SLOAN, violated their const...
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MEMORANDUM DECISION AND ORDER Appellant Frank P. Hyde appeals a June 16, 1998 decision of the United States Bankruptcy Court for the Southern District of New York (Hardin, J.) denying Hyde’s motion to quash, on the basis of the “act of production” privilege against self-incrimination, a Rule 2004 subpoena seeking certain business records previously delivered to attorneys retained to repre...
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MEMORANDUM OPINION (CONTAINING FINDINGS OF FACT AND CONCLUSIONS OF LAW) AND CONTEMPT AND DAMAGE ORDER On February 13, 1999, the Court granted Plaintiff American Airlines, Inc.’s (“American”) motion for civil contempt of court 1 against Defendants Allied Pilots Association (“APA”), 2 Union president Richard LaVoy (“LaVoy”), and Union vice-president Brian Mayhew (“...
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MEMORANDUM OPINION AND ORDER INTRODUCTION Plaintiff Apotex, Inc., through its TorP-harrn division (hereinafter “TorPharm”), commenced this lawsuit to enjoin the Food and Drug Administration (“FDA”) from granting a 180-day period of exclusivity to Novopharm Limited (“Novopharm”) to market generic over-the-counter (“OTC”) strength ranitidine hydrochloride. Plaintiff claims that...
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MEMORANDUM OPINION AND ORDER The United States government filed this civil forfeiture action, seeking to forfeit all funds contained in seven bank accounts and two safe deposit boxes on the theory that these funds were transferred to financial institutions within the United States from abroad with the intent to support the international terrorist activities of the HA-MAS organization ...
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MEMORANDUM OF DECISION AND ORDER The plaintiff, a homosexual man and a former Nassau County police officer, claims that his fellow police officers and supervisors embarked on a vicious campaign of harassment against him because of his sexual orientation, in violation of 42 U.S.C. Sections 1983 and 1985. During a three-week jury trial, the plaintiff testified that approximately a year ...
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54 F. Supp. 2d 1090 (1999) B. Stephen SCHLOSS, Plaintiff, v. THE CINCINNATI INSURANCE COMPANY, Pacific Indemnity Company, and Vigilant Insurance Company, Defendants. No. Civ.A. 98-A-1083-N. United States District Court, M.D. Alabama, Northern Division. June 29, 1999. *1091 Benjamin L. Locklar, Randy A. Myers, Montgomery, AL, for plaintiff. Chadwick F. Morriss, Montgomery, AL, John D. Herndon, Bir...
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MEMORANDUM OPINION AND ORDER Before the court is Plaintiffs’ Motion for Class Certification, filed on June 16, 1999. This is the second motion for class certification filed in this case. On March 9,1999, this court entered a Memorandum Opinion and Order denying Plaintiffs’ first Motion for Class Certification. See Faulk v. Home Oil Co., 184 F.R.D. 645 (M.D.Ala.1999). In reaching its decision, t...
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54 F. Supp. 2d 1249 (1999) Gary CREMEENS, et al., Plaintiffs, v. CITY OF MONTGOMERY, et al., Defendants. No. Civ.A. 99-A-512-N. United States District Court, M.D. Alabama, Northern Division. June 28, 1999. K. David Sawyer, Birmingham, AL, Thomas A. Woodley, Kurt T. Rumsfeld, Mulholland & Hickey, Washington, DC, for plaintiffs. George B. Azar, Elizabeth C. Wible, Azar & Azar, Montgomery, A...
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OPINION AND ORDER Pending before the Court is a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) filed by defendants, Municipality of Guay-nabo, Héctor O’Neill in his official capacity as Mayor of Guaynabo, Carmen Febo Ar-velo in her official capacity as Director of the Municipal Collection Office of the Municipality of Guaynabo and Vidal Reyes Rosado in his capacity as Director of the...
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MEMORANDUM AND ORDER Lloyd L. Latshaw brings suit against Dr. Augusto Ramirez, Dr. John White and Mt. Carmel Hospital, asserting medical malpractice. This matter comes before the Court on Defendant Augusto Ramirez, M D. ’s Motion To Strike Plaintiffs Expert Witness And For Summary Judgment On All Issues (Doc. #46) filed January 22, 1999, John P. White’s Motion To Exclude Expert Testimony ...
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56 F. Supp. 2d 151 (1999) UNITED STATES of America, Plaintiff, v. Ernesto Jose ENCARNACION, Defendant. No. Crim. 99-33(SEC). United States District Court, D. Puerto Rico. June 22, 1999. *152 Thomas F. Klumper, U.S. Attorney's Office District of P.R., San Juan, P.R., for plaintiff. Joseph C. Laws, Federal Public Defender, San Juan, Puerto Rico, for defendant. OPINION AND ORDER CASELLAS, District ...
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MEMORANDUM AND ORDER This matter is before the Court on Plaintiffs Motion And Application To Confirm Arbitration Award and Enter Judgment (Doc. # 12) filed December 24, 1998, and Defendants’ Motion To Vacate Award Of Arbitrator (Doc. # 13) filed January 14, 1999. For the reasons set forth below, plaintiffs motion to confirm the arbitration award is sustained and ...
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54 F. Supp. 2d 457 (1999) Maxine Davidson WHITE, as next friend to Gary Heidnik, Petitioner, v. Martin HORN, Commissioner, Pennsylvania Department of Corrections, Gregory White, Superintendent of the State Correctional Institution at Rockview, and the Commonwealth of Pennsylvania, Respondent. No. 97-2561. United States District Court, E.D. Pennsylvania. July 3, 1999. *458 OPINION AND ORDER VAN...
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MEMORANDUM OPINION This is an action for judicial review of certain eligibility determinations made under employee benefit plans covered by the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sections 1001, et seq. (“ERISA”). On March 31, 1999, the court entered an order granting defendants’ Motion For Summary Judgment (Doc. No. 12) and denying plaintiffs Motion ...
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OPINION AND ORDER In this diversity action, plaintiff Eastern Refractories Company, Inc. (“Eastern”) asserts a claim for contribution against defendant Forty Eight Insulations, Inc. (“FEI”). Defendant moves, pursuant to Fed.R.Civ.P. 12(b)(5), to dismiss Eastern’s amended complaint for failure to serve the summons and amended complaint within the time period prescribed by Fed.R.Civ.P. 4(m). Plai...
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ORDER ON MOTIONS This cause is before the Court on the following: Dkt. 14 Motion for Summary Judgment Dkt. 15 Memorandum Dkt. 17 Affidavit Dkt. 18 Affidavit Dkt. 19 Affidavit Dkt. 20 Affidavit Dkt. 22 Deposition Dkt. 23 Deposition Dkt. 24 Deposition Dkt. 25 Continued Deposition Dkt. 26 Deposition Dkt. 27 Deposition Dkt. 28 Affidavit Dkt. 31 Affidavit Dkt. 32 Affidavit *684Dkt. 33 Affidavit Dkt....
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54 F. Supp. 2d 1118 (1999) Cheryl MORTENSON, Plaintiff, v. CITY OF OLDSMAR, a Florida Municipality and Daryl Landis, Defendants. No. 97-2629-Civ-T-17C. United States District Court, M.D. Florida, Tampa Division. June 18, 1999. *1119 Sherwood S. Coleman, Kwall, Showers & Coleman, P.A., Clearwater, FL, Louis Kwall, Kwall, Showers & Coleman, P.A., Clearwater, FL, for Cheryl Mortenson, plaint...
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54 F. Supp. 2d 1297 (1999) SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. SEAHAWK DEEP OCEAN TECHNOLOGY, INC., John C. Morris, Gregory H. Stemm, and Daniel S. Bagley, Defendants. No. 94-1249-CIV-T-17B. United States District Court, M.D. Florida, Tampa Division. June 23, 1999. Catherine M. Shea, Ellen B. Ross, Securities & Exchange Commission, Washington, *1298 DC, Patricia J. Thompson, Rob...
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54 F. Supp. 2d 1300 (1999) TEDDER BOAT RAMP SYSTEMS, INC., Plaintiff, v. HILLSBOROUGH COUNTY, FLORIDA, Defendant. No. 96-1537-CIV-T-17C. United States District Court, M.D. Florida, Tampa Division. June 23, 1999. *1301 Edward L. Scott, Edward L. Scott, P.A., Ocala, FL, for Tedder Boat Ramp Systems, Inc., plaintiff. Christine Marie Beck, Hillsborough County Attorney's Office, Tampa, FL, for Hillsbo...
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ORDER Before the Court is Defendant Norfolk Southern Railway Company’s Motion for Summary Judgment [Tab #’s 33]. Having carefully considered the motion, the related caselaw and statutes, and the file as a whole, the Court enters the following order. I. Facts Plaintiff Robert L. Whitehead was hired in 1971 by Southern Railway Company to work as a Carman at Brosnan Yard in Mac...
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MEMORANDUM OPINION AND ORDER Plaintiff Robert Taylor asserts claims against Defendant Blue Cross and Blue Shield of Texas, Inc. (“BCBS”) for discrimination in employment on the basis of disability in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C.A. §§ 12101-12213 (1995), and seeks injunc-tive relief, damages, and reinstatement. Now before this Court is Defendant’s...
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110 F. Supp. 2d 589 (1999) Marcia J. KUHN, personal representative of the estate of James Gerard Potapowicz, deceased, and Marcia J. Kuhn, individually, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, a/k/a MetLife, an insurance company licensed to do business in the State of Michigan, Defendant. No. 5:98-CV-82. United States District Court, W.D. Michigan, Southern Division. June 29, 1999. *59...
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OPINION AND ORDER Brett K. Lurie (“Lurie” or “petitioner”) has moved for reconsideration of that portion of the Opinion and Order dated April 26, 1999 (“Opinion and Order”) denying habeas relief as to Count 28. Respondents have cross-moved for reconsideration of the entire Opinion and Order. On April 30, 1999, I withdrew the Opinion and Order pending the outcome of these mo...
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DECISION AND ORDER I. Procedural Background Plaintiff Edward J. Walsh (“Walsh”) commenced this action on September 23, 1998 against defendant Eastman Kodak Company (“Kodak”). Pending before this Court is defendant’s motion to dismiss pursuant to Fed.R.CivP. 12(b)(6). For the reasons that follow, defendant’s motion to dismiss is granted and plaintiffs complaint is dismissed w...
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MEMORANDUM OF DECISION AND ORDER The plaintiff, Mounir Elias (“Elias” or the “plaintiff’), commenced this action pursuant to the Social Security Act, 42 U.S.C. § 405(g), seeking review of a final administrative determination of the Commissioner of the Social Security Administration (the “Commissioner” or the defendant) denying his application for social security disability insurance b...
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DECISION AND ORDER This diversity action, brought by Plaintiffs Phoenix Racing Ltd. (“Phoenix Racing”) and Wraith Automobile Racing, Inc. (“Wraith”), arises out of an agreement in which Plaintiffs agreed to lease an automobile racing facility owned by the Defendants. Plaintiffs now allege that Defendants induced them to enter the lease by misrepresenting the facility’s suitability for...
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MEMORANDUM OPINION AND ORDER This cause is before the Court on the defendants’ motions to dismiss and/or motions for summary judgment (Docs. 2,19 & 25), plaintiffs briefs in opposition to the defendants’ dispositive motions (Docs. 30 & 35; see also Doc. 34), the reply briefs of the defendants (Docs.37-38), the June 7, 1999 arguments of the parties in support of t...
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ORDER on MOTION FOR SUMMARY JUDGMENT Defendant John Crane, Inc. (“John Crane”), has filed a Motion for Summary Judgment against Plaintiffs, Danny Spoo-namore, Executor of the Estate of Paul Spoonamore, Sr., deceased, and Hazel Spoonamore, in her own right (“Plaintiffs”). John Crane maintains that summary judgment should be granted on Plaintiffs’ • claims because the Plaintiffs have no...
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ORDER Before the Court is Defendant’s Amended Rule 12(b)(6) Motion to Dismiss, filed April 23, 1999; and all pleadings related thereto. After consideration of the briefs, amended complaint, amended answer and the relevant authorities, the Court is of the opinion that Defendant’s Amended Rule 12(b)(6) Motion to Dismiss should be GRANTED. I. Background, This is a suit...
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DECISION and ORDER INTRODUCTION Plaintiff, Xerox Corp. (“Xerox”), alleges that the defendants willfully infringed and continue to infringe on U.S.Patent No. 5,596,656 (the “ ’656 patent”) held by Xerox. By Decision and Order dated September 29, 1998, this Court denied the defendants’ motion for summary judgment and granted the plaintiffs cross-motion for partial summary judgment,...
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MEMORANDUM OPINION and ORDER Came on for consideration the motions of defendants City of Fort Worth (“City”) and Shirley Walker (“Shirley”) for summary judgment as to all claims of plaintiffs, Laurie Abdeljalil (“Laurie”), individually and as administratrix of the estate of Khaled Kasem Abdeljalil (“Khaled”), deceased, Marcus Walker (“Marcus”) and Sarah Walker (“Sarah”), appearing thr...
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MEMORANDUM & ORDER Two of the defendants in' this case, the Mitchell Manufacturing Group, Inc., and Mitchell Corporation of Owosso, 1 move for summary judgment on all plaintiffs claims against them. The motion will be granted in part and denied in part. The plaintiff has agreed to withdraw the counts alleging civil conspiracy and violations of the RICO statute, and they wil...
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54 F.Supp.2d 454 (1999) William GATTER and Marie Parrott Gatter, Plaintiffs, v. Richard ZAPPILE, et al., Defendants. No. CIV.A. 88-2320. United States District Court, E.D.Pennsylvania. July 2, 1999. Joan Gaughan Atlas, Koral, Kahn & Koral, PC, Philadelphia, PA, for William Gatter, Marie Parrott Gatter, Plaintiffs. *455 Peter D. Winebrake, City of Philadelphia Law Dept., Philadelphia, PA, for ...
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MEMORANDUM DECISION Presently pending before this Court is defendant’s motion for summary judgment (doc. # 18) on all counts of plaintiffs second amended complaint. In her opposition to this motion, plaintiff indicates that she would be filing a motion to file a third amended complaint, which she did on June 21, 1999. The proposed third amended complaint merely restates plaintiffs claims ...
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*146 MEMORANDUM REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Docket No. 32) I. INTRODUCTION This is an action for specific performance of a contract to convey title to lakefront real estate located in Vermont, brought by a New Hampshire resident against a Massachusetts title holder. The defendant has moved for summary judgment, contending that Ver...
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54 F. Supp. 2d 82 (1999) UNITED STATES of America v. William J. GARRITY. No. 98-CR-30019-MAP. United States District Court, D. Massachusetts. June 29, 1999. *83 Michael O. Jennings, Springfield, MA, for William J. Garrity. C. Jeffrey Kinder, United States Attorney's Office, Springfield, MA, Corey J. Smith, U.S. Dept. of Justice, Tax Division, Washington, DC, for U.S. MEMORANDUM AND ORDER REGARDI...
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MEMORANDUM DECISION This diversity case is brought by plaintiff, Thomas L. Slekis, for personal injuries he sustained from a manual lift used to assist him in disembarking an Amtrak passenger train in Montpelier, Vermont. Defendant National Railroad Passenger Corporation a/k/a Amtrak has moved for summary judgment [Doc. # 9] on statute of limitations grounds. For the reasons set forth...
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MEMORANDUM OPINION AND ORDER Asserting application of an arbitration clause, Defendant, Promise Keepers (“PK”), moves to dismiss this action pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction, or, in the alternative, to stay it pending arbitration. Defendant, Michael Whalen, moves to dismiss this action pursuant to Rule 12(b)(2) for lack of personal jurisdiction. The motion...
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MEMORANDUM OPINION AND ORDER Defendant, Maxim Healthcare Services, Inc. (“Maxim”), moves for summary judg *1123 ment pursuant to Rule 56. Plaintiff, Gian-ni F. Armani, opposes the motion. The motion is adequately briefed and oral argument would not materially aid its resolution. For the reasons set forth below, I grant summary judgment on Mr. Armani’s claims for overtime comp...
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MEMORANDUM OPINION AND ORDER This case went forward as a bench trial on February 19, 1999, and was carried over to February 22,1999. This court now is prepared to issue its findings of fact and conclusions of law pursuant to Rule 52 of the Federal Rules of Civil Procedure. 1 The plaintiffs, Sherry Hofmister and Linda Trigg, brought this lawsuit against the Mississippi Department of Health...
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ORDER Before the court is the motion of the defendants to strike the plaintiffs designation of experts (item 24), asserting that the plaintiff failed to designate experts prior to the June 15, 1998, deadline provided in the court’s last Scheduling Order after two previous extensions of time to do so. According to the defendants, the plaintiffs designation of experts was not filed with the court...
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MEMORANDUM OPINION AND ORDER This case is before the court pursuant to the motion of the United States to find the defendant Charles Roy McMillan (hereinafter “McMillan”) in contempt of a Consent Decree dated June 27, 1996, wherein McMillan agreed to refrain from “[u]sing force or threats of force to interfere with or intimidate employees or patients of the Jackson Women’s Health Organization (...
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MEMORANDUM AND ORDER Plaintiff Oakview Treatment Centers, Inc. (“Oakview”) brings suit to enforce an indemnity agreement, claiming that defendants have refused to pay. On June 14 and 15, 1999, Oakview tried its case to the Court. For reasons set forth more fully below, the Court finds that Oakview is entitled to judgment in this case. Findings of Fact Consistent with the evi...
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MEMORANDUM AND ORDER This matter is before the Court on Defendant PFL’s Motion To Dismiss (Doc. # 17 in Case No. 98-2339), Defendant PFL’s Motion To Dismiss (Doe. # 14 in Case No. 98-2540), and Defendant PFL’s Motion To Dismiss (Doc. # 19 in Case No. 98-2541), all filed February 1, 1999. After carefully considering the parties’ briefs, the Court is pre...
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52 F. Supp. 2d 1284 (1999) KEYS YOUTH SERVICES, INC., Plaintiff, v. CITY OF OLATHE, KANSAS, Larry Campbell, John Bacon, Bill Trout, Michael Copeland, and Gary Mitchell, Defendants. No. CIV. A. 98-2398-KHV. United States District Court, D. Kansas. June 23, 1999. *1285 *1286 *1287 James H. Ensz, Sarah G. Madden, Ensz & Jester, P.C., Kansas City, MO, for Plaintiffs. Anthony F. Rupp, Andrew M. De...
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MEMORANDUM AND ORDER This matter comes before the Court on defendants’ Motion To Dismiss Pursuant to Fed. R. Civ, P. 12(b)(1) and 12(b)(6) (Doc. # 18) filed January 6, 1999, defendants’ Motion For Reconsideration (Doc. # 43) filed March 18, 1999, and defendants’ Motion For Oral Argument (Doc. # 44) filed March 23, 1999. Defendants move to dismiss, all ...
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MEMORANDUM OPINION AND ORDER Before the court is the defendant’s Motion for Summary Judgment, filed pursuant to Rules 56(b)1 and (c)2 of the Federal Rules of Civil Procedure. The complaint in this action alleges that the plaintiff, Cleveland Ellison, was diseriminatorily discharged because of his African-American race by the defendant, GRMI, Inc., d/b/a Red Lobster Restaurants (“Red Lobster”), ...
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54 F. Supp. 2d 121 (1999) Cruz Esther RAMOS BAEZ, Plaintiff, v. Dr. Edwin BOSSOLO LOPEZ, et al., Defendants. No. Civ. 98-1676(PG). United States District Court, D. Puerto Rico. June 30, 1999. *122 Mayra M. Vásquez-Morales, San Juan, P.R., for plaintiff. Carlos A. Ramos, San Juan, P.R., Mirta E. Rodríguez-Mora, San Juan, P.R., for defendant. OPINION & ORDER PEREZ-GIMENEZ, District Judge. Pend...
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MEMORANDUM AND ORDER This case is set for trial on the defendants’ counterclaim on May 17. Because the counterclaim is all that remains in the case, the court realigned the parties for trial, making the defendants the plaintiffs, and making the original plaintiff, Ralph Major, the defendant. The realigned plaintiffs (to whom the court will refer as “Jones Obenchain” in this opinion) have asked t...
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MEMORANDUM AND ORDER Scott Foresman/Addison Wesley asks the court to bar Darlene Ohime’s expert from testifying as an expert opinion and/or factual witness at trial pursuant to Federal Rules of Civil Procedure 26(a) and 37(c). For the following reasons, the court grants the defendant’s motion to bar plaintiffs expert from offering opinions at trial. Scott Foresman seeks to exclude Ben Nott’s tes...
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MEMORANDUM AND ORDER The United States seeks entry of partial final judgment pursuant to Federal Rule of Civil Procedure 54(b). In a previous order, the court granted partial summary judgment on the United States’ claims pertaining to William E. Smith’s federal income tax liability for the years 1983 through 1986. More than 60 days later, on December 18,1997, the United States served interrogato...
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ORDER GRANTING PLAINTIFFS’ POST-TRIAL MOTION FOR JUDGMENT AS A MATTER OF LAW ON LIABILITY AGAINST DEFENDANTS SCHRAFF AND BORBOL-LA FOR UNLAWFUL SEARCH AND SEIZURE, AND ORDERING A NEW TRIAL AGAINST THOSE DEFENDANTS FOR DAMAGES Judges are often advised to reserve on mid-trial motions if they have any doubt whatsoever about granting them, and to submit the case to the jury in the hope that i...
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT DISMISSING THE COMPLAINT FOR PATENT INFRINGEMENT, DECLARING THE INVALIDITY OF THE PATENT IN SUIT, AND AWARDING ATTORNEY’S FEES [BASED ON JUNE 11, 1999 DECISION FROM THE BENCH] This patent infringement action involves fingernail jewelry — to be precise, jeweled baubles that dangle from overly-long nails and enda...
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OPINION Plaintiffs United Fire & Casualty Company, Guaranty National Insurance Company; Sphere Drake Insurance Public Limited Company, Terra Nova Insurance Company Limited, River Thames Insurance Company Limited, and Uni Storeb-rand Insurance Company (U.K.) Limited (the “Western Re Reinsurers”), and Axa Reinsurance Company (hereinafter “Axa Re” and collectively the “Plainti...
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OPINION I. INTRODUCTION Plaintiff Aubrey Rogers Agency, Inc. (“Aubrey”) sold credit life insurance and disability policies underwritten by defendant American International Group (“AIG”). In February 1995, AIG unilaterally terminated its relationship with Aubrey. Shortly thereafter, AIG exited the credit life insurance and disability business due to heavy losses. This litigation stems from...
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MEMORANDUM OF DECISION AND ORDER I. BACKGROUND This Section 1983 excessive force action was commenced by the plaintiffs, Benjamin Pruitt and Arthur Pruitt (collectively, “the plaintiffs”), two brothers, against the defendants, three Nassau County Police Officers in their individual and official capacities. Plaintiff Benjamin Pruitt alleged that defendant Officer Carney used unjustifiable an...
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52 F. Supp. 2d 1364 (1999) Andrew D. THOMPSON, et al., Plaintiffs, v. Hal SMITH, etc., et al., Defendants. No. Civ.A. 97-A-715-E. United States District Court, M.D. Alabama, Eastern Division. July 2, 1999. *1365 David R. Boyd, Balch & Bingham, Montgomery, AL, for movant represented by Boyd. Stanley E. Graham, Waller, Lansden, Dortch & Davis, Nashville, TN, for defendant represented by Gra...
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57 F. Supp. 2d 642 (1999) Kevin T. ROBESON and Thomas J. Clark, Plaintiffs, v. Joseph M. SQUADRITO, et al., Defendants. No. 3:97-CV-369RM. United States District Court, N.D. Indiana, South Bend Division. April 7, 1999. *643 *644 Christopher C Myers, Myers and Geisleman, Fort Wayne, IN, Samuel L Bolinger, Fort Wayne, IN, for plaintiffs. John O Feighner, Haller and Colvin, Fort Wayne, IN, Janet L P...
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MEMORANDUM & ORDER This cause is before the court on the motion of defendant City of Mishawaka, and the cross-motion of plaintiff Abe’s Free Flow, for summary judgment. Abe’s alleges that the City discriminated against it and violated antitrust laws by passing an ordinance dealing with the inspection of new sewer lines. The City maintains that no constitutional violations occurred by ...
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52 F. Supp. 2d 681 (1999) RANNOCH, INC., Plaintiff, v. The RANNOCH CORPORATION, Defendant. No. Civ.A. 99-403-A. United States District Court, E.D. Virginia, Alexandria Division. June 30, 1999. *682 Todd A. Pilot, Foster S.B. Friedman, Alexandria, VA, for plaintiff. J. Paul Williamson, Arnold, White & Durkee, Washington, DC, for defendant. MEMORANDUM OPINION ELLIS, District Judge. This federa...
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MEMORANDUM ORDER On March 11, 1999 plaintiffs IKEA North American Services, Inc. (“IKEA”) and Deutsch, Inc. filed this diversity action against defendants Northeast Graphics, Inc., Precision Technology, Inc. and Spectrum Direct, Inc., alleging breach of contract, fraud, negligence, and violations of the New Hampshire and Connecticut consumer protection statutes. Defendants promptly moved to d...
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MEMORANDUM DECISION AND ORDER DISMISSING THE COMPLAINT Before the Court in this action, which was removed from the Westchester County Supreme Court, are various motions to dismiss the complaint brought on behalf of all defendants on a variety of grounds. Glendora has moved to remand the case to the State Court. *622 The instant complaint is one in a long series of pro ...
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MEMORANDUM DECISION AND ORDER GRANTING COUNTY OF SULLIVAN AND SULLIVAN COUNTY SOCIAL SERVICES’ MOTIONS FOR SUMMARY JUDGMENT DISMISSING THE FEDERAL CLAIMS AND DECLINING TO EXERCISE PENDENT JURISDICTION OVER THE REMAINING STATE CLAIMS AS AGAINST ALL DEFENDANTS Background Facts In November 1992, Nelida Hoisington, chronically inebriated and facing imminent arrest and imprisonment, v...
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MEMORANDUM — DECISION & ORDER Plaintiff Doris Roman (“plaintiff’ or “Roman”), who was fired from her job with Defendant Cornell University (“Cornell”), commenced the instant litigation against Cornell and her supervisor, Defendant Claude Poux (“Poux”), alleging causes of action for violations of her civil rights (42 U.S.C. § 1981), discrimination (42 U.S.C. § 2000e, et seq.; N.Y.Exeo.Law ...
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OPINION The United States Department of Justice (“Justice” or the “Government”) has filed an antitrust action against Dentsply International, Inc. (“Dentsply”) after a three-year investigation of Dentsply’s business practices. That investigation included interviews of 184 witnesses and Civil Investigative Demands (“CIDs”) on numerous companies, thereby allowing Justice to obtain confidential an...
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MEMORANDUM OPINION Plaintiff Daniel Ray Bennett brings this action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, seeking to compel disclosure of records from the Drug Enforcement Administration (“DEA”). This matter is before the Court on Defendant’s Motion for Summary Judgment [# 13]. Upon consideration of the Motion, Opposition, Reply, and the entire record herein, f...
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ORDER In this discovery dispute, the plaintiff, Volvo Penta of the Americas, Inc., has agreed to deliver confidential marketing and business plan information to defendant Brunswick Corporation’s retained counsel. The parties also agree that a protective order should ensure that personnel from Brunswick, one of Volvo Penta’s “hostile” competitors, cannot review this information. Volvo Penta, howe...
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MEMORANDUM OPINION I. Introduction and Background It has been said that life imitates art. In a scene more than slightly reminiscent of the 1984 Academy Award-nominated movie Footloose, in which a small town outlaws dancing, the Town of Pound, Virginia, enacted Chapter 22 of the Town of Pound Ordinance, §§ 127-138, (hereinafter, “the Ordinance”), prohibiting the allowa...
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OPINION Plaintiff David L. Whitehead alleges that the film Bad Company, the film Mission Impossible and the novelization of the film Mission: Impossible all infringe on the copyright of his book Brains, Sex, & Racism in the C.I.A. and the Escape. He has sued a number of individual and corporate defendants allegedly involved with writing, filming, producing or distributing B...
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ORDER Plaintiff Nobel Insurance Company (“Nobel”) has moved for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure (“Fed.R.Civ.P.”), against defendants Hudson Iron Works, Inc., James Giannopoulos, Cathy Gianno-poulos, Philippos Kapnisis and Melani Kapnisis (“Hudson Defendants”). For the reasons set forth below, Nobel’s motion for summary judgment is gra...
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MEMORANDUM OPINION AND ORDER On this day, the Court considered Janet Reno, Attorney General; Doris Meissner, Commissioner, Immigration and Naturalization Service; and Immigration and Naturalization Service’s (collectively, “Respondents”) Motion to Dismiss filed on November 25, 1998, by leave of Court, in the above-captioned cause. Raul Eulalio Garnica-Vasquez (“Petitioner”) filed his Response o...
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ORDER ON DEFENDANT’S MOTION TO DISMISS This cause is before the Court on Defendant’s Motion to Dismiss for failure to state a claim upon which relief may be granted (Dkt.14), together with supporting Memorandum of Law (Dkt.15), Plaintiffs Objection (Dkt.18), and Defendant’s Reply. (Dkt.22). Factual Background Plaintiff, Myrtle Dawkins, filed this action for declaration a...
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MEMORANDUM AND ORDER Plaintiff brings this declaratory and mandamus action, arising from the government’s proposed disposal of property known as the Sunflower Army Ammunition Plant in DeSoto, Kansas. Plaintiff asserts rights under the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. §§ 479a & 479a-l, the Indian Gaming Regulation Act, 25 U.S.C. § 2701 et seq., the F...
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58 F.Supp.2d 635 (1999) Nicholas KARPOUZIS, Appellant, v. GOVERNMENT OF THE VIRGIN ISLANDS, Appellee. D.C. Crim. App. No. 1997-092. District Court, Virgin Islands, Appellate Division, D. St. Thomas and St. John. Considered November 4, 1998. Filed June 24, 1999. *636 Andrew L. Capdeville, St. Thomas, U.S.V.I., for appellant. Joel H. Feld, St. Thomas, U.S.V.I., for appellee. Before THOMAS K. MOORE,...
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MEMORANDUM ORDER The plaintiff in the present action, Barbara Warren, alleges that her termination from employment with the Cowley County Clerk’s Office in Cowley County, Kansas was the result of illegal retaliation for her running for the office of county clerk. Warren has brought claims against both Cowley County and County Clerk Joe Ga-ston for violation of her First Amendment rights and d...
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MEMORANDUM AND ORDER Before the court is Defendants’ Motion for Protective Order (doc. 42). Pursuant to Fed. R.Civ.P. 26(c), defendants PFL Life Insurance Company, UICI, Ron Jensen, and the National Association for the Self-Employed seek an order to protect confidential, commercially sensitive, and proprietary information produced during discovery. Plaintiffs oppose the motion. The parties gener...
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*1186 MEMORANDUM AND ORDER This matter comes before the Court on Defendants’ Motion For Summary Judgment (Doc. # 40) filed April 6, 1999 and Plaintiff’s Motion Far Summary Judgment (Doc. #47) filed April 14, 1999. Plaintiff alleges that defendants breached an indemnification agreement between the parties. For the reasons stated below, defendants’ motion ...
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54 F. Supp. 2d 1042 (1999) AETNA U.S. HEALTHCARE, INC., on behalf of itself and its subsidiaries and all others similarly situated, Plaintiff, v. HOECHST AKTIENGESELLSCHAFT, Hoechst Marion Roussel, Inc., and Andrx Pharmaceuticals, Inc., Defendants. Civil Action No. 99-2034-KHV. United States District Court, D. Kansas. June 9, 1999. *1043 *1044 *1045 Angela K. Green, Niewald, Waldeck & Brown, ...
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MEMORANDUM AND ORDER Currently pending before the court are the defendants’ motion to dismiss for failure to state a claim under Rule 12(b)(6), or in the alternative for a more definite statement and the plaintiffs’ motion to amend their complaint, should the court find it is insufficient to state a claim. Plaintiffs filed their complaint on January 11, 1999. On March 15, 1999, the defendants f...
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MEMORANDUM AND ORDER Jersey Realty and Investment Company [“Jersey”] brings this action against EMCO *650Manufacturing Company, Inc. [“EMCO”], Modernfold, Inc. [“Modernfold”], and Mod-ernfold Holdings, Inc. [“Modernfold Holdings”], alleging breach of a lease contract and fraudulent conveyance of assets. This matter comes before the Court on defendants EMCO and Modernfold’s Motion To Dismiss Pur...
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*1174 MEMORANDUM AND ORDER This matter comes before the Court on the Motion For Summary Judgment (Doc. #50) filed January 27, 1999 by Wilcox Homes and RV Center, Inc. (“Wilcox”) and the Motion For Summary Judgment (Doc. #47) filed January 27, 1999 by Newmar Corporation (“Newmar”). Plaintiffs bring this action under the Kansas Consumer Protection Act, K.S...
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54 F. Supp. 2d 1200 (1999) UNITED STATES of America, Plaintiff, v. Robert Thomas JOHNSON, Defendant. Nos. 92-40015-03, 97-3125-RDR. United States District Court, D. Kansas. June 21, 1999. *1201 Gregory G. Hough, Office of United States Attorney, Topeka, KS, for Plaintiff. David Lynn Johnson, Topeka, KS, Pro se. Jeannine D. Herron, Michael M. Jackson, Topeka, KS, Jean K. Gilles Phillips, Lawrence,...
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MEMORANDUM OPINION AND ORDER Before the court is the motion of plaintiff, Joe Gandy, brought pursuant to Title 28 U.S.C. § 1447, 1 to remand this civil action to the Circuit Court of the First Judicial District of Hinds County, Mississippi, where it originated. Defendant, Dr. John Crompton, opposes plaintiffs motion arguing that this court has removal jurisdiction pursuant to the provisions...
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54 F.Supp.2d 945 (1999) Richard E. LAMPMAN, Plaintiff, v. McCOOK PUBLIC SCHOOLS, Defendant. No. 7:98CV5033. United States District Court, D. Nebraska. June 28, 1999. Frankie J. Moore, McCarthy, Gale Law Firm, North Platte, NE, for plaintiff. Gregory H. Perry, Perry, Guthery Law Firm, Lincoln, NE, for defendant. *946 MEMORANDUM AND ORDER KOPF, District Judge. This is an employment discrimination...
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55 F. Supp. 2d 938 (1999) David B. SMITH, Petitioner, v. Gary McCAUGHTRY, Respondent. No. 97-C-382. United States District Court, E.D. Wisconsin. June 30, 1999. *939 David B. Smith, Waupun, WI, Pro se. Mark Burke, Asst. Atty. Gen., for Defendant. DECISION AND ORDER ADELMAN, District Judge. Petitioner was convicted of first-degree intentional homicide in Milwaukee County Circuit Court on October ...
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OPINION ON MOTION FOR A PROTECTIVE ORDER BY ANDREAS GAL . This matter came for consideration before the undersigned Magistrate Judge on the motion of third-party defendants, Andreas Gal ("Gal") and Paul Lazare ("Lazare") for permission to file physicians' affidavits under seal and for a protective order pursu*355ant to Fed. R. Civ. P. 26(c) quashing notices to take further deposition of Gal and La...
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52 F. Supp. 2d 741 (1999) Kimberly L. DEVINE, Plaintiff, v. WAL-MART STORES, INC., Defendant. No. Civ.A. 3:96-CV466WS. United States District Court, S.D. Mississippi, Jackson Division. March 9, 1999. *742 Dale F. Schwindaman, Jr., Herring & Schwindaman, Jackson, MS, for Kimberly E. Devine, plaintiff. Edley H. Jones, III, Law Offices of Edley H. Jones, III, Ridgeland, MS, for Wal-Mart Stores, ...
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OPINION On June 3, 1998, plaintiffs Dennis A. Dahlmann and Dahlmann Apartments, Ltd. filed a three-count complaint against defendants Sulcus Hospitality Technologies Corporation and Hospitality Management Systems, Inc. (“HMS”) in the Wash-tenaw County Circuit Court alleging: breach of contract (count I); breach of warranties (count II); and fraud and deceit (count III). Defendants removed thi...
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MEMORANDUM OPINION The plaintiffs in this case are six employees and four principals of Zodiac In *358 dustries, Inc. (“Zodiac”), some of whom also were employees at relevant times. The defendants are the Sheet Metal Workers’ National Pension Fund (the “Fund”), an ERISA qualified employee benefit plan established in accordance with collective bargaining agreements involving t...
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MEMORANDUM & ORDER Defendant Ricardo Maldonado brings this motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(2), arguing that this court does not have personal jurisdiction over him. Because the plaintiff, Banner Promotions, Inc., has failed to demonstrate sufficient minimum contacts that would permit the court to exercise jurisdiction over Maldonado, the motion will...
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54 F. Supp. 2d 445 (1999) Mary and Eric WOODSON, Plaintiffs, v. THE CITY OF PHILADELPHIA, et al., Defendants. No. CIV. A. 98-6247. United States District Court, E.D. Pennsylvania. June 26, 1999. *446 Carlos A. Martir, Philadelphia, PA, for Plaintiffs. Edward D. Chew, Jr., City of Philadelphia Law Dept., Andrew M. Rosen, School District of Philadelphia, Philadelphia, PA, for Defendants. MEMORANDU...
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52 F. Supp. 2d 511 (1999) Paul WAIMBERG, Plaintiff, v. MEDICAL TRANSPORTATION OF AMERICA, INC., et al., Defendants. Civil Action No. 99-1723. United States District Court, E.D. Pennsylvania. June 25, 1999. *512 *513 Hillel Lewis, Pomerantz, Lewis & Associates, Philadelphia, PA, for Plaintiff. Brian D. Sieve, Donna Welch, Kirkland & Ellis, Chicago, IL, Constantine T. Fournaris, Buchanan In...
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MEMORANDUM Before the Court is the motion to dismiss of defendants David L. Nelson, Cornelius A. Ferris, Premkumar Uppaluru, Aeneas Venture Corporation, Edelson Technology Partners II, L.P., Olivetti Holding, N.V., Technologies for Information & Publishing, L.P., ASCII Corporation, Cirrus Logic, Inc. and Intel Corporation (collectively referred to as the “Former Fluent Shareholders”)....
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*544 MEMORANDUM AND ORDER This is a declaratory judgment action brought by the plaintiff, Britamco Underwriters, Inc. (“Britamco”) against the defendant, Raymond E. Wallace Special Productions, Inc. (“Wallace”) to resolve coverage issues of a marine liability insurance policy that Britamco issued to Wallace. Before the court is Wallace’s Motion to Dismiss for Improper Venue p...
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DECISION AND ORDER Lonnie Buchanan brings this civil rights action against a number of government officials and governmental units. Buchanan alleges that he was falsely arrested and unlawfully transported from Waukegan, Illinois, to Kenosha, Wisconsin, where he was held in jail for several weeks before being released. I. FACTUAL AND PROCEDURAL BACKGROUND On November 16, 1998...
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ORDER FROM CHAMBERS [Re: Motion on Remand Addressing Remittitur, Dockets 273 and 276] I. INTRODUCTION At docket 273, defendant Aetna Life Insurance Co. (“Aetna”) files its memorandum addressing the issue of remittitur. Plaintiff Sherrie Ace (“Ace”) files her memorandum at docket 276. The court issued a preliminary order at docket 291 on February 23, 1999, in which the ...
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MEMORANDUM AND ORDER On September 28, 1998, the defendant Jose Restrepo was arrested by the Immigration and Naturalization Service (“INS”) for having reentered the United States illegally after having been deported. On December 2, 1998, he was indicted for the same offense. On June 9,1999, the court conducted the first of two hearings concerning Restrepo’s motion to dismiss with prejudice t...
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54 F. Supp. 2d 775 (1999) Eddie O. LUELLEN, Plaintiff, v. William HENDERSON, U.S. Postmaster General, United States Postal Service, Defendant. No. 98-2581-DA. United States District Court, W.D. Tennessee, Western Division. June 29, 1999. Kathleen L. Caldwell, Taylor Halliburton Ledbetter Caldwell, Memphis, TN, for Eddie O. Luellen, plaintiff. *776 Harriett M. Halmon, U.S. Attorney's Office, Memph...
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54 F. Supp. 2d 903 (1999) UNITED STATES of America, Plaintiff, v. Bennett A. MASEL, Defendant. No. 98-10014-X-01. United States District Court, W.D. Wisconsin. June 7, 1999. *904 *905 Robert Anderson, Asst. United States Attorney, Madison, WI, for Government. Jeff Scott Olson, Madison, WI, for Defendant. OPINION AND ORDER CROCKER, United States Magistrate Judge. OPINION This case presents a Fir...
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51 F. Supp. 2d 1195 (1999) Janet L. UNREIN, Plaintiff, v. PAYLESS SHOESOURCE, INC., Defendant. No. 97-4158-RDR. United States District Court, D. Kansas. June 3, 1999. *1196 *1197 *1198 Brenda L. Head, Davis, Unrein, Hummer, McCallister, Biggs & Head, L.L.P., Topeka, KS, for Janet L Unrein, plaintiff. K. Gary Sebelius, Michael M. Walker, Wright, Henson, Somers, Sebelius, Clark & Baker, LLP...
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54 F. Supp. 2d 78 (1999) Wayne L. PRATT, Plaintiff, v. NATIONAL RAILROAD PASSENGER CORPORATION, Defendant. No. Civ.A. 97-11792-WGY. United States District Court, D. Massachusetts. June 28, 1999. William G. Talis, Law Office of William G. Talis, Boston, MA, David L. Lockard, Philadelphia, PA, Anthony M. Santoro, Medford, MA, for Wayne L. Pratt, plaintiff. Wayne L. Pratt, Clinton, TN, pro se, Thoma...
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55 F. Supp. 2d 813 (1999) FEDERAL EXPRESS CORPORATION, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant. No. Civ.A. 96-3151 DA. United States District Court, W.D. Tennessee, Western Division. June 30, 1999. *814 Dwayne S. Byrd, R. Larry Brown, Lester A. Bishop, Jr., Federal Express Corporation, Legal Department, Memphis, TN, for Federal Express Corporation, plaintiff. Joe A. Dycus, U.S. Atto...
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55 F. Supp. 2d 694 (1999) Carol A. WARD, D.C. v. ALTERNATIVE HEALTH DELIVERY SYSTEMS, INC., et al. No. 3:98CV-18-J. United States District Court, W.D. Kentucky, Louisville Division. June 7, 1999. *695 *696 John David Dyche, R. Greg Hovious, Tachau, Maddox, Hovious & Dickens, Louisville, KY, for Carol A. Ward, D.C., plaintiff. Joseph Lee Hamilton, Brenda J. Runner, Stites & Harbison, Louis...
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MEMORANDUM OPINION AND ORDER Plaintiffs John and Blanca Brancheau commenced this action against defendants Residential Mortgage Group, Inc. (“Residential”) and Merchantile Bank of St. Louis, N.A. (“Merchantile”) under Section 8 of the Real Estate Settlement Procedures Act (“RES-PA”), 12 U.S.C. § 2607. In a Memorandum Opinion and Order dated September 4, 1998, *592Brancheau v. Residential Mortgage ...
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MEMORANDUM OPINION AND ORDER THIS MATTER is before the Court on Defendants’ Motion to Dismiss Counts I and II of the First Amended Complaint for Lack of Subject Matter Jurisdiction and to Dismiss ACL Hospital as a Party, filed June 10, 1999 [Doc. No. 105]; Plaintiffs Motion for Partial Summary Judgment that Plaintiff Prevails on her [Emergency Medical Treatment and Active Labor Act] E...
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MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTIONS FOR CLASS CERTIFICATION AND SUMMARY JUDGMENT Plaintiff Mark Levine commenced this putative class action against defendants North American Mortgage Company, A Dime Company (“Dime”)1 and FSI Mortgage, Inc. (“Fsi”) alleging violations of the anti-kickback and duplicative payment provisions of Section 8 of the Real Estate Settlement Procedures ...
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ORDER AND MEMORANDUM OF DECISION Plaintiff Philip C. Tobin (“Plaintiff’), proceeding pro se, claims that he was denied admission to the University of Maine School of Law based on his age. He has filed suit against the following Defendants: Chancellor of the University of Maine System Terrence MacTaggart (“MacTag-gart”), Dean of the University of Maine School of Law Colleen Khoury (“Khoury...
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ORDER Presently pending before the Court is Plaintiffs’ Motion for Sanctions Against General Motors Regarding Edward Ivey and Newly Discovered Evidence (doc #226), Plaintiffs’ Motion for in Camera Review of Document Numbers 233, 224, 216 and 1 Pertaining to Edward Ivey1 (doc #224) and Plaintiffs’ Motion for in Camera Review of Handwritten Notes of William Cichowski Made on August 29,1984 (doc #...
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MEMORANDUM OPINION AND ORDER This matter is before the court on the Motion of the Defendant, E .1. du Pont de Nemours & Company (hereinafter DuPont), for Summary Judgment. [DN 45]. The Plaintiff, Steve Gooch d/b/a Gooch Farms (hereinafter Gooch), timely filed a response to this motion. [DN 53]. Gooch initiated this products liability lawsuit to recover for damages suffered after he ap...
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OPINION & ORDER Plaintiffs have moved, pursuant to Fed. R.Civ.P. 7 and 28 U.S.C. § 1292(d)(4)(B), for an order lifting the stay of proceedings in this action for the limited purpose of allowing discovery to proceed. BACKGROUND Plaintiffs are twenty-two domestic nuclear utility companies who seek declaratory and injunctive relief to avoid having to pay special assessments...
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OPINION INTRODUCTION Plaintiff, Diane Dames (“Dames”), brings this action under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 USC §§ 1001-1461, to recover long-term disability benefits under a group disability plan sponsored by Dames’ former employer, Imagebuilder Software, Inc. (“Imagebuilder”). Defendant, The Paul Revere Life Insurance Company (“Paul Revere”...
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ORDER Magistrate Judge Janice M. Stewart filed her Findings and Recommendation on April 23, 1999. The matter is now before me pursuant to 28 U.S.C.§ 636(b)(1)(B) and Fed. R. Civ. P. 72(b). When either party objects to any portion of the Magistrate Judge’s Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge’s ...
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ORDER GRANTING EEOC’S APPLICATION FOR AN ORDER ENFORCING ADMINISTRATIVE SUBPOENA On March 5, 1999, Applicant Equal Employment Opportunity Commission (“EEOC”) filed an Application for an Order *611Enforcing Administrative Subpoena. On April 1, 1999, Defendant-Respondent Med-National, Inc. (“Med-National”) filed its Memorandum in Opposition to the Equal Employment Opportunity Commission’s Applica...
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54 F. Supp. 2d 127 (1999) NATIONAL CASUALTY COMPANY, Plaintiff, v. CITY OF STAMFORD, Richard Priolo, and United States Fidelity & Guaranty Company, Defendants. No. 3:98CV370 (WWE). United States District Court, D. Connecticut. June 25, 1999. *128 Michael G. Durham, Delaney, Zemetis, Donahue, Durham & Noonan, Guilford, CT, for National Cas. Co. James V. Minor, Stamford, CT, for City of Sta...
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54 F. Supp. 2d 673 (1999) Jay M. SIMON v. Wendell MONTGOMERY (Garnishee: United States of America, Internal Revenue Service, c/o Attorney General Janet Reno) No. CivA 99-129-B-ML. United States District Court, M.D. Louisiana. June 15, 1999. *674 Jay M. Simon, Ponchatoula, LA, pro se. Wendell Montgomery, Hammond, LA, pro se. John Joseph Gaupp, United States Attorney's Office, Baton Rouge, LA, for ...
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54 F. Supp. 2d 134 (1999) Kimberly JANCEWICZ, Plaintiff, v. SOUTHERN NEW ENGLAND TELEPHONE COMPANY and Connecticut Union of Telephone Workers, Defendants. No. 3:97CV1949 (WWE). United States District Court, D. Connecticut. June 28, 1999. Leon M. Rosenblatt, David S. Rintoul, Rintoul & Rintoul, West Hartford, CT, for Plaintiff. J. William Gagne, Jr., Jason W. Cohen, J. William Gagne & Asso...
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54 F.Supp.2d 131 (1999) BRM INDUSTRIES, INC., Plaintiff, v. MAZAK CORPORATION and The CIT Group/Equipment Financing, Inc., Defendants. No. 3:98CV1800 (WWE). United States District Court, D. Connecticut. June 25, 1999. Madelyn M. Huffmire, East Boothbay, ME, for BRM Industries, Inc. Joseph G. Fortner, Jr., David Robert Levesque, Halloran & Sage, Hartford, CT, Brian S. Sullivan, Dinsmore & ...
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RULING ON DEFENDANT’S MOTION FOR JUDGMENT AS A MATTER OR LAW OR, IN THE ALTERNATIVE, FOR A NEW TRIAL INTRODUCTION On February 17,1999, the jury in this ease found for the defendant, Stew Leonard’s (Leonard’s).1 Specifically, the jury answered Special Interrogatory One — “Do you find that the defendant was negligent on June 12, 1993, as alleged by plaintiff?” — in the negative. Judgment was en...
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64 F. Supp. 2d 10 (1999) Sharon PEDDLE, Plaintiff, v. Kathleen Hawk SAWYER, et al. Defendants. No. 3:98CV2364 (WWE). United States District Court, D. Connecticut. June 23, 1999. *11 David N. Rosen, Rosen & Dolan, P.C., New Haven, CT, Michael D. Pinard, Brett Dignam, Jerome N. Frank Legal Services, New Haven, CT, for plaintiff. William A. Collier, U.S. Attorney's Office, Hartford, CT, for defe...
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54 F. Supp. 2d 136 (1999) Joan R. TUNNELL, Plaintiff, v. UNITED TECHNOLOGIES CORPORATION, PRATT & WHITNEY DIVISION, Defendant. No. 3:97CV2261 (WWE). United States District Court, D. Connecticut. June 28, 1999. *137 Joan R. Tunnel, Wolcott, CT, pro se. Lawrence S. Dressler, Bridgeport, CT, for Joan R. Tunnell. Terri L. Stein, Day, Berry & Howard, Stamford, CT, Albert Zakarian, James W. Cal...
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56 F. Supp. 2d 215 (1999) Acey WILLIAMS, Plaintiff, v. H.N.S. MANAGEMENT CO., INC. et al., Defendants. No. 3-98-CV-738 (WWE). United States District Court, D. Connecticut. June 28, 1999. *216 *217 James S. Brewer, William Francis O'Shea, West Hartford, CT, for Plaintiff. Hugh F. Murray, III, Michael C. Harrington, Murtha, Cullina, Richter & Pinney, Hartford, CT, for Defendants HNS Mgmt. Co., ...
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*223 RULING ON MOTION TO DISMISS INTRODUCTION This is a class action lawsuit brought pursuant to Rule 10b-5 of the Securities Act of 1934, in which plaintiffs allege that defendant Citizens Utilities (“Citizens”) violated the federal securities laws by failing to adequately disclose its relationship with, and revenues derived from, an allegedly related party, Hungarian Telephone ...
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ORDER 1) FINDING DEFENDANT DOUBLE 8 TRADING COMPANY, INC., IN CIVIL CONTEMPT FOR VIOLATING THE COURT’S OCTOBER 13, 1995 CONSENT JUDGMENT AND ORDER, 2) GRANTING PLAINTIFF’S MOTION TO COMPEL, and 3) ESTABLISHING SCHEDULE FOR FUTURE PROCEEDINGS I. INTRODUCTION This patent infringement action has been awakened from a nearly four-year dormancy. Before the court are two motions by plaintiff Armament Sy...
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ORDER This matter is before the court on the motion of Tony Carlis Burnett (“Burnett”) to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. After a thorough review of the facts and pertinent law, the court denies Burnett’s request. I. Factual and Procedural Background Burnett was involved in a conspiracy to distribute marijuana from May 1995 through Decemb...
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RULING ON MOTION TO DISMISS INTRODUCTION Plaintiff Sandra Brown (“Brown”) brings the present action against the Town of East Haddam (the “Town”), the East Haddam Board of Education (the “Board”) and Roderick W. Story (“Story”), who was employed as the principal at the Board’s *213 Nathan Hale Ray School. Brown, as alleged in her complaint, contends that the defen...
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RULING ON MOTION TO DISMISS Defendants Michael Wex (“Wex”), Gu-thy Renker Corporation (“GRC”) and Gu-thy Renker Television Network, Inc. (“GRTV”) move this Court for an order dismissing the present action as to them for lack of personal jurisdiction, pursuant to Federal Rule of Civil Procedure 12(b)(2). On January 6, 1999, this Court granted an identical motion, absent objection. Plai...
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56 F. Supp. 2d 231 (1999) Karen DELAHUNTY, Plaintiff, v. MORGAN STANLEY DEAN WITTER f/n/a/ Dean Witter Reynolds, Inc., Defendant. No. 3:98-CV-1688 (WWE). United States District Court, D. Connecticut. July 1, 1999. *232 Thomas W. Bucci, Willinger, Shepro, Tower & Bucci, Bridgeport, CT, for plaintiff. Kristan Peters-Hamlin, Epstein, Becker & Green, P.C., Stamford, CT, Ronald M. Green, Epste...
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56 F. Supp. 2d 686 (1999) TIGER BEND, L.L.C. v. TEMPLE-INLAND, INC., et al. No. 98-424-BM2. United States District Court, M.D. Louisiana. June 15, 1999. *687 Robert Bruce Macmurdo, Steffes & Macmurdo, LLP, Baton Rouge, LA, for plaintiff. Paul G. Preston, Joseph (J.) E. Cullens, Jr., Preston & Cowan, LLP, New Orleans, LA, for defendants. RULING POLOZOLA, Chief Judge. This matter is before...
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54 F. Supp. 2d 1212 (1999) Robert and Kathleen SULZEN, Individually and on Behalf of Brandon James HOLTON, Plaintiffs, v. UNITED STATES of America, et al., Defendants. No. 2:98-CV-60 C. United States District Court, D. Utah, Central Division. June 30, 1999. *1213 James R. Hasenyager, Ogden, UT, for plaintiff. Daniel D. Price, Salt Lake City, UT, for defendant. ORDER CAMPBELL, District Judge. Thi...
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MEMORANDUM BACKGROUND: On June 10, 1998, plaintiff Decio D’An-gio commenced this action with the filing of a complaint alleging that the Public Indecency Ordinance (“the ordinance” or “Nescopeck ordinance”) enacted by Nescopeck on May 11, 1998, violates (1) his freedom of speech under the United States and Pennsylvania Constitutions and (2) his rights under the Equal Protection p...
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MEMORANDUM AND ORDER I. INTRODUCTION Defendant Jose A. Perez (“Perez”) has struck a plea agreement with the United States in which he agrees to plead guilty, under Fed.R.Crim.Pro. 11(e)(1)(B), and accepts, among other things, a limited waiver of his right to appeal and his right to bring a collateral challenge to his sentence. I find that the appeal waiver is against public p...
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54 F. Supp. 2d 688 (1999) Doyle VAUGHN v. GULF COPPER, et al. No. 1:98 CV 1617. United States District Court, E.D. Texas, Beaumont Division. June 9, 1999. *689 George Michael Jamail, Reaud Morgan & Quinn, Beaumont, TX, Craig Victor Depew, Clark Depew & Siess, Houston, TX, for plaintiff. John Robert Walker, Brown Sims Wise & White, Houston, TX, for intervenor. Leslie Dean Pickett, Jame...
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MEMORANDUM OPINION AND ORDER This case is before me on the parties’ cross motions for summary judgment pursuant to Rule 56. The motions are adequately briefed and the parties orally argued. For the reasons set forth below, I grant summary judgment in favor of the plaintiff. Jurisdiction exists under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a). I. The following facts are undisp...
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MEMORANDUM OPINION Eastern Parkway is a meandering, urban four-lane street in the City of Louisville, with a speed limit of 35 miles per hour.1 On the evening of November 11, 1996, Gary Dubord, then two months from his twenty-first birthday, was en route to a local nightclub with his friend, Scott Lawler. Driving drunk, Dubord attained speeds of between 55 and 60 miles per hour on Eastern Parkwa...
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FINDINGS OF FACT & CONCLUSIONS OF LAW 1. This is a civil action for money damages and equitable relief based on the Petroleum Marketing Practices Act. 15 U.S.C. § 2801, et seq. The complaint also includes state law claims for breach of contract and promissory estoppel. Plaintiffs have filed motions for a temporary restraining order and a preliminary injunction based on the PMPA, and there...
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54 F. Supp. 2d 1207 (1999) Michelle LOUIS, Individually and as Personal Representative of Chelsey B. Louis, Deceased, Plaintiffs, v. The UNITED STATES of America, Defendant. Consuelo Carmona, M.D., Plaintiff, v. Michelle Louis, Individually and as Personal Representative of Chelsey B. Louis, Deceased; and The United States of America, Defendants. Nos. Civ. 96-1161 BB/DJS, Civ. 97-298 M/JHG. Unite...
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54 F. Supp. 2d 1014 (1999) The Honorable Bob SHAFFER, in his official capacity as a member of the United States House of Representatives; Walt Mueller, a Missouri State Senator; John R. Stoeffler, a United States taxpayer; and Gregory D. Watson, a United States taxpayer and National Coordinator of the Political Movement to Ratify the 27th Amendment, Plaintiffs, v. William Jefferson CLINTON, Presi...
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48 F. Supp. 2d 37 (1999) AETNA U.S. HEALTHCARE, INC, on behalf of itself and its subsidiaries, and all others similarly situated, Plaintiff, v. Hoechst AKTIENGESELLSCHAFT, Hoechst Marion Roussel, Inc., and Andrx Pharmaceuticals, Inc., Defendants. Civil No. 99-193 (RCL). United States District Court, District of Columbia. April 30, 1999. Jack C. Sando, Bethesda, MD, for plaintiff. James D. Miller,...
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54 F. Supp. 2d 676 (1999) RICHMOND CAPITAL CORP. v. FEDERAL EXPRESS CORP. No. CivA 96-7590-B-M3. United States District Court, M.D. Louisiana. June 22, 1999. William Steven Mannear, Poynter, Mannear & Colomb, Baton Rouge, LA, for Richmond Capital Corporation, plaintiff. Michael H. Rubin, Robin W. Bueche, Roger Frank Sagal, McGlinchey Stafford Lang, Baton Rouge, LA, Dwayne S. Byrd, Federal Exp...
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54 F. Supp. 2d 708 (1999) Dillard SANGSTER, personal representative of the estate of Brenda Sangster, deceased, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant. No. 98-CV-73447. United States District Court, E.D. Michigan, Southern Division. July 2, 1999. *709 William C. Panzer, Mindell, Panzer, Malin & Kutinsky, Southfield, MI, for Plaintiff. Randolph D. Phifer, Lisa A. Cylar, P...
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OPINION Introduction Before me is a multi-patent infringement dispute between competitors in the automotive wheel cover industry. Defendants McKechnie Vehicle Components USA, Inc. (“McKechnie”) and Hayes Wheels International, Inc. (“Hayes”) have jointly filed six cross-motions for partial summary judgment, raising numerous issues of literal noninfringement and patent validity. Plaint...
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MEMORANDUM DECISION AND ORDER By Petition docketed October 26, 1998, Agatha Peets seeks to vacate her conviction and sentence under a multi-count indictment charging her with (1) conspiring to use inter-state commerce facilities to promote prostitution in violation of 18 U.S.C. § 371; (2) the use of inter-state facilities to promote prostitution in violation of 18 U.S.C. § 1952(a)(1) and (3);...
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MEMORANDUM DECISION AND ORDER Plaintiff Barbara Lauder brings this action against the Defendants Coach Stores, Inc. (“Coach”) and First Unum Life Insurance Company (“First Unum”) under the Employee Retirement Insurance Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., and the Consolidated Omnibus Reconciliation Act (“COBRA”), 29 U.S.C. § 1161 et seq., for damages, declaratory and injunc-t...
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SENTENCING MEMORANDUM This memorandum concerns the sentencing of Frank Anthony Iaconetti (“Ia-conetti”). Iaconetti has pled guilty to the charge of conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846. The plea agreement stipulated to a certain quantity of drugs, namely between 50 kilograms and 150 kilograms of cocaine. Both sides reserved their rig...
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OPINION AND ORDER In a Report and Recommendation dated April 13, 1999, the United States Magistrate Judge found that the petition of Kenneth Aundre Bogan for writ of habeas corpus was not timely filed for purposes of the one year statute of limitations under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244(d), which was amended by Congress in 1996. The Sta...
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61 F. Supp. 2d 944 (1999) UNITED STATES of America, Plaintiff, v. Gregory A. NEEMANN, Defendant. No. 4:97CR3010. United States District Court, D. Nebraska. March 16, 1999. *945 *946 Brent M. Bloom, Jerold V. Fennell, Domina Law Office, Omaha, NE, for Gregory A. Neemann. Sara E. Fullerton, Assistant United States Attorney, Lincoln, NE, for U.S. Attorneys. MEMORANDUM AND ORDER KOPF, District Judge...
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AMENDED MEMORANDUM OPINION AND ORDER Before the court are defendant Gartner Group, Inc.’s objections to the magistrate judge’s September 28,1998 order sanctioning Gartner for failing to produce discovery. For the reasons expressed herein, the court sustains Gartner’s objections. I. Background Plaintiff Computer Economics, Inc. (“CEI”) is a newsletter publisher specializi...
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57 F. Supp. 2d 140 (1999) UNITED STATES of America v. PLASSER AMERICAN CORP., Walter Hammerle. No. Crim.A. 99-133. United States District Court, E.D. Pennsylvania. July 7, 1999. Peter F. Vaira, Vaira, Backstrom, Riley & Smith, Philadelphia, PA, Breckenridge L. Willcox, Arent Fox Kintner Plotkin & Kahn, Washington, DC, for Plasser American Corporation, defendant. Terri A. Marinari, U.S. At...
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OPINION Martin Marietta hired Rickgauer to be its plant manager when he was 61 years old. Two and a half years later, he was terminated. Rickgauer claims that Martin Marietta fired him because of his age. However, the Court believes that the true reason for Rickgauer’s discharge was the fact that he referred to his superiors as “idiots” and “stupid.” Martin Mariett...
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*418 ORDER This matter is before the Court on motion of Dr. Ernest Buchanan (Defendant) to dismiss the claims against him filed on October 15, 1998, by Linda Joy Bracey (Plaintiff), acting pro se. For the following reasons, the Court. GRANTS the motion. I. Procedural Background Plaintiff is, or at least was at the time her cause of action arose, a student at the Virginia Beach campu...
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55 F. Supp. 2d 504 (1999) UNITED STATES of America v. Scott M. HAMBRICK. No. CRIM. A. 98-0042-C. United States District Court, W.D. Virginia, Charlottesville Division. July 7, 1999. *505 Bruce R. Williamson, Jr., Williamson & Toscano, Charlottesville, VA, Deborah Chasen Wyatt, Wyatt & Carter, Charlottesville, VA, for Defendant. Anne Marie Farrar, U.S. Department of Justice, Criminal Divis...
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MEMORANDUM OPINION On May 10, 1999, the court granted, in part, the May 5, 1999 Motion of the United States insofar as it requested a hearing on the issues previously decided by the court in its April 27, 1999 order. At the hearing on May 12,1999, the court heard argument from counsel for the government and counsel for defendant on the applicability of U.S. Sentencing Guidelines § 2D1.1(d)(1)...
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55 F. Supp. 2d 886 (1999) Carolyn A. HAIMAN, Plaintiff, v. VILLAGE OF FOX LAKE, Defendant. No. 98 C 0158. United States District Court, N.D. Illinois, Eastern Division. July 7, 1999. *887 Laurie J. Wasserman, Law Offices of Laurie J. Wasserman, Skokie, IL, for plaintiff. Joshua David Holleb, Michael A. Paull, Allen W. Dub, Klein Dub & Holleb, Ltd., Highland Park, IL, for defendant. MEMORANDU...
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MEMORANDUM OPINION This matter is before the Court on the municipal Defendants’ motion for partial summary judgment. For the following reasons, Defendants’ motion is denied. This Court has jurisdiction over this matter pursuant to 28 U.S.C. '§ 1331. BACKGROUND On August 8, 1998, seven (7) named Plaintiffs filed this suit against the City of Toledo, Division of Transportation, and Mayor Ca...
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OPINION & ORDER This cause comes before the Court on Plaintiffs Motion for Summary Judgment and Defendant’s Motion for Declaratory Judgment. For the following reasons, Plaintiffs Motion for Summary Judgment is GRANTED in part and DENIED in part; Defendant’s Motion for Declaratory Judgment is DENIED. I. FACTS Plaintiff Battelle Memorial Institute (“Battelle”) is a not-for-pro...
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MEMORANDUM In this lawsuit, Plaintiff Thomas W. Fur-low, Jr., seeks an order requiring the United States government to refund to him $1,456.00, plus interest, in income taxes that he allegedly overpaid for the 1996 and 1997 tax years. See 26 U.S.C. § 7422. 1 The alleged overpayment resulted from the Internal Revenue Service’s decision to deny Mr. Furlow an income...
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MEMORANDUM AND ORDER Petitioner challenges his August 2, 1994 conviction after a jury trial in New York State Supreme Court, Queens County (Eng, J.). Petitioner was charged, along with his brother, Orestes Santana, with two counts of Murder in the Second Degree, two counts of Attempted Murder in the Second Degree, one count of Assault in the First Degree, two counts of Criminal Possession of a ...
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MEMORANDUM OPINION AND ORDER Introduction This case is part of a multidistrict litigation challenging several of the sales practices of Defendants ITT Hartford Life and Annuity Insurance Company (“IHLA”) and Hartford Life Insurance Company (“HLIC”) (collectively, “ITT Hartford” or the “Defendants”). The Plaintiffs brought a multitude of claims against ITT Hartford based on three separate alleged ...
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OPINION AND ORDER “The [federal] removal statute is a judicial curiosity” 1 and no more so than in its application to these two related cases removed from the New York State court and recently referred to this judge following the recusal of the judge of this Court to whom they were originally assigned. On the face of the pleadings, the first of the two cases, American...
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78 F. Supp. 2d 683 (1999) Kenneth BARBER and Brenda Barber, Plaintiffs, v. PEPSI-COLA PERSONNEL, INC., a foreign corporation, and Pepsi-Cola Company, jointly and severally, Defendants. No. 1:98-CV-443. United States District Court, W.D. Michigan, Southern Division. July 8, 1999. *684 *685 Wayne Allen Harrison, Harrison & Scott, PC, Lansing, MI, for Kenneth Barber, Brenda Barber, plaintiffs. J...
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MEMORANDUM AND ORDER On May 9, 1997, Robert S. Dugan entered a plea of guilty to Count One of the indictment charging a violation of 18 U.S.C. § 922(g)(1) (felon in possession of a firearm). On January 26, 1998, this court sentenced Dugan to a primary term of *1208 incarceration of 57 months. The judgment of conviction was entered on the docket on February 2, 1998. Dugan did ...
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MEMORANDUM AND ORDER On April 21, 1997, SwifWEckrich, Inc., a Delaware corporation engaged in the distribution of food products, commenced this action under 49 U.S.C. § 14706 1 against *1283 Advantage Systems, Inc. and D & S Trucking, Inc. Swift-Eckrich hired Advantage Systems to transport its products. Advantage Systems apparently is a transportation broker who en...
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59 F.Supp.2d 35 (1999) Jacquelyn NEWBY, Plaintiff, v. The DISTRICT OF COLUMBIA, Defendant. No. CIV. A. 98-429(SS). United States District Court, District of Columbia. July 8, 1999. William Charles Claiborne, III, Gregg David Baron, Washington, DC, for Plaintiff. Eugene A. Adams, III, Carolann Gemski, Nadine Chandler Wilburn, Office of Corporation Counsel, Stefan Mark Lopatkiewicz, Brigitte L. Ada...
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MEMORANDUM OPINION The Petitioner, Tommy D. Strickler, was convicted by a jury of the capital murder of Leann Whitlock, robbery and abduction. He was sentenced to death on the capital murder conviction and to life sentences on the convictions of robbery and abduction. His convictions and sentences were affirmed on direct appeal by the Supreme Court of Virginia and a petition for a writ of certi...
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55 F. Supp. 2d 27 (1999) Robert REMY, Plaintiff, v. HOWARD UNIVERSITY, Defendant. No. Civ.A. 98-1915(RCL). United States District Court, District of Columbia. June 25, 1999. Michael J. Beattie, Alexandria, VA, for plaintiff. William C.E. Robinson, Washington, DC, for defendant. MEMORANDUM OPINION LAMBERTH, District Judge. This case comes before the court on defendant's motion to dismiss, or in t...
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54 F.Supp.2d 503 (1999) Vernon Lee EVANS, Jr., Petitioner, v. Willie SMITH, Warden, et al., Respondents. No. Civ. L-97-3711. United States District Court, D. Maryland. June 30, 1999. *504 *505 *506 *507 Gerald I. Fisher, of Washington, D.C., and A. Stephen Hut, Jr., Jane L. McClellan, and Sandeep Parekh, of Washington, D.C., for petitioner. J. Joseph Curran, Jr., Attorney General of Maryland, and...
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MEMORANDUM/ORDER This memorandum presumes familiarity with the facts and analysis related in an opinion accompanying an order granting in part defendant’s motion for summary judgment (docket # 26, March 29, 1999)., Presently before this court is defendant’s motion for reconsideration. 1 Temple asks this court to reconsider the following paragraph of the Order: Meachum argues that several ...
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55 F. Supp. 2d 1182 (1999) UNITED STATES of America, Plaintiff, v. Hector SOLIS, Jr. and Lorenzo F. Martinez, Defendants. No. 98-40066-01/02-SAC. United States District Court, D. Kansas. May 27, 1999. *1183 Gregory G. Hough, Office of United States Attorney, Topeka, KS, for Plaintiff. John J. Ambrosio, John J. Ambrosio, Chartered, Topeka, KS, Pro se. Henry O. Boaten, Gregory G. Hough, Office of U...
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MEMORANDUM OPINION & ORDER Before the Court are Defendants’/Third-Party Plaintiffs’ motions to remand. For the following reasons, the motions are GRANTED, and this case is REMANDED to the Warren Circuit Court. FACTS AND CLAIMS Plaintiff Brookover Financial Services, Inc. (“BFSI”) filed two separate suits against Robert Beckley and Vaughn Conley in the Warren Circuit Court for fa...
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54 F. Supp. 2d 60 (1999) DELPHAX SYSTEMS, INC., Plaintiff, v. MAYFLOWER TRANSIT, INC., Defendant. No. Civ.A. 98-10093-NG. United States District Court, D. Massachusetts. June 14, 1999. *61 Robert W. Harrington, Law Office of Robert W. Harrington, Boston, MA, for Delphax Systems, Inc., plaintiff. Wesley S. Chused, Looney & Grossman, Boston, MA, for Mayflower Transit, Inc., defendant. MEMORAND...
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MEMORANDUM-DECISION AND ORDER I. INTRODUCTION On May 12, Í997, Michael R. Hourihan (“plaintiff’) commenced this 42 U.S.C. § 1983 suit, alleging that the defendants violated his Fourth, Fifth, Seventh, and Fourteenth Amendment rights. Plaintiff seeks compensatory and punitive damages for defendants’ alleged violations. Defendants have moved for summary judgment. Plaintiff opposes defendant...
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*282 OPINION AND ORDER After a seven-day jury trial that concluded on April 8, 1998, the jury awarded Daniel Sharkey (“plaintiff’) damages of $1,427,200 against defendant Ultramar Corporation (“defendant”), 1 finding that the defendant had violated the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq., while plaintiff was in the corporation’s employ. Defendant...
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MEMORANDUM AND ORDER The defendant, United States of America, has filed a motion to transfer venue in this case to the U.S. District Court for the Southern District of Ohio pursuant to 28 U.S.C. § 1402(a)(2). For the reasons set forth below, the motion is denied. *332 Background Plaintiff has filed its complaint to recover monies paid in satisfaction of two empl...
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54 F.Supp.2d 965 (1999) BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, in its capacity as a Management and Operating contractor for the United States Department of Energy, Plaintiff, v. MODUAL A/C SYSTEMS, INC., a California corporation; Quick-Set Construction Co., a California corporation; Specialized Drywall Systems, Inc., a California corporation; Whelan Electric, a California cor...
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56 F. Supp. 2d 895 (1999) Mark D. ASHCRAFT, et al., Plaintiffs, v. The SHENANGO FURNACE COMPANY, et al., Defendants. No. 5:98-CV-2262. United States District Court, N.D. Ohio, Eastern Division. June 29, 1999. *896 *897 Jeffrey L. Nischwitz, Richard John Ambrose, Nischwitz, Pembridge & Chriszt, Cleveland, OH, for Mark D. Ashcraft, Sara Ashcraft, plaintiffs. Sheila M. Markley, Merle D. Evans, I...
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MEMORANDUM OPINION Before this Court is a Motion for Approval of Notice of Pending Action and Right to Participate. This is essentially a motion to alert potential class members of the ongoing suit pursuant to 29 U.S.C. § 216(b) (hereinafter Section 216(b)). Unlike the standard form of bringing a class action, namely Federal Rule of Civil Procedure 23(c), Section 216(b) provides parties bringin...
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55 F. Supp. 2d 1314 (1999) BELLSOUTH TELECOMMUNICATIONS, INC., d/b/a Southern Bell Telephone and Telephone Company/South Central Bell, Plaintiff, v. Robert KERRIGAN, George W. Estess, and 811, Inc., Defendants. No. 3:97CV554. United States District Court, N.D. Florida, Pensacola Division. May 28, 1999. *1315 Scott A Markowitz, Heinrich Gordon Hargove Etc., FT Lauderdale, Cathy J Goodwin, Heinrich...
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52 F. Supp. 2d 687 (1999) Linval A. BLAIR, Plaintiff, v. COLONNAS SHIPYARD INC., Defendant. No. CIV.A. 2:98cv1360. United States District Court, E.D. Virginia, Norfolk Division. July 7, 1999. *688 *689 Linval A. Blair, Norfolk, VA, pro se. Thomas M. Lucas, Ruth Litvin, McGuire, Woods, Battle & Boothe, L.L.P., Norfolk, VA, for Defendant. OPINION & ORDER PRINCE, United States Magistrate Ju...
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51 F. Supp. 2d 726 (1999) In re SUBPOENAS DUCES TECUM NOS. A99-0001, A99-0002, A99-0003 and A99-0004. Nos. 1:99MC00005, 1:99MC00006. United States District Court, W.D. Virginia, Abingdon Division. June 23, 1999. *727 Rick A. Mountcastle, S. Randall Ramseyer, U.S. Attorney's Office, Abingdon, VA, for plaintiffs. Dennis E. Jones, Dennis E. Jones & Associates, Lebanon, VA, for defendants. MEMOR...
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54 F. Supp. 2d 1025 (1999) UNITED STATES of America, Plaintiff, v. Michael L. LIPP, Defendant. No. Civ. 98-3108-SAC. No. Crim. 92-40042-07-SAC. United States District Court, D. Kansas. May 18, 1999. *1026 *1027 Melanie J. Branham, Olathe, KS, Thomas D. Haney, Fairchild, Haney & Buck, P.A., Topeka, KS, Dennis W. Moore, Lenexa, KS, James P. Moran, Office of Federal Public Defender, Denver, CO, ...
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*1173 MEMORANDUM AND ORDER This is an action to review the final decision of the defendant Commissioner of Social Security (“Commissioner”) denying the plaintiff Anita J. Dominguez’s application for disability insurance benefits under Title II of the Social Security Act. The *1174 case is ripe for decision on the parties’ briefs filed pursuant to D.Kan. Rule 83.7. ...
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54 F. Supp. 2d 935 (1999) CODDINGTON ENTERPRISES, INC., et al., Plaintiffs, v. Dean WERRIES, et al., Defendants. No. 98-1100-CV-W-8-6. United States District Court, W.D. Missouri, Western Division. July 6, 1999. *936 *937 R. Edward Murphy, R. Dan Boulware, William W. Bird, Watkins, Bouleware, Lucas, Miner, Murphy & Taylor, St. Joseph, MO, John D. Taurman, Scott L. Cole, Vinson & Elkins, L...
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54 F. Supp. 2d 1226 (1999) Michael O. BISCHOFF, Loretta Bischoff, and Bischoff Enterprises, a Wyoming Partnership, Petitioners, v. Dan GLICKMAN, Secretary of Agriculture, Michael Combeck, Chief Forester, U.S. Forest Service, Elizabeth Estill, Rocky Mountain Regional Forester, U.S. Forest Service, Abigail Kimbell, Forest Supervisor, Bighorn National Forest, Dave Myers, District Ranger, Bighorn Nat...
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64 F. Supp. 2d 721 (1999) Richard P. RIENHOLTZ, Plaintiff, v. Donal CAMPBELL, et al., Defendants. No. 99-2148-D/V. United States District Court, W.D. Tennessee, Western Division. June 28, 1999. *722 *723 *724 *725 Richard P. Rienholtz, Henning, TN, pro se. ORDER TO COMPLY WITH PLRA ORDER ASSESSING FILING FEE ORDER OF DISMISSAL ORDER CERTIFYING APPEAL NOT TAKEN IN GOOD FAITH NOTICE OF APPELLATE FI...
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MEMORANDUM ORDER This matter is before the court on defendants’ motion for summary judgment, filed on August 14,1998. I. The following facts, as set forth in supporting affidavits and depositions on file, are presented in the light most favorable to the non-moving party. Plaintiffs are unsophisticated consumers with limited education. Mr. Hager has an eighth grade education ...
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MEMORANDUM AND ORDER This 42 U.S.C. § 1983 civil rights case comes before the court on the defendant Frank Diehl’s motion to dismiss complaint (Dk.180). Though this motion has been fully briefed for some time, the court’s docket has kept it from rendering a timely decision. The court apologizes for this unavoidable delay. The plaintiff appearing pro se has sued Frank Diehl in his ind...
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*347 OPINION & ORDER BACKGROUND This opinion emanates from the voluntary settlement of an action commenced by the United States of America against, inter alia, the International Brotherhood of Teamsters (“IBT”) or “the union” and the IBT’s General Executive Board (“GEB”). The settlement is embodied in the voluntary consent order entered March 14...
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54 F.Supp.2d 896 (1999) Donald D. MENTZEL, Plaintiff, v. James GILMORE, Mark Strand, Mylan Fink, Fond du Lac County Sheriff's Department, Fond Du Lac County, Raymond Reitz, and Town of Friendship, Defendants. No. 98-C-552. United States District Court, E.D. Wisconsin. June 29, 1999. *897 Raymond M. Dall'Osto, Gimbel, Reilly, Guerin & Brown, Milwaukee, WI, for plaintiff. Michele M. Ford, Raymo...
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ORDER DENYING PLAINTIFF’S MOTION TO AMEND COMPLAINT AND MOTION TO REMAND This matter comes before the Court on plaintiff Peter Clinco’s motion to remand. 1 The motion is based on Clinco’s filing of a first amended complaint which destroys diversity. The Court does not permit Clinco to so amend the complaint and therefore denies the motion to remand. I. Background A. F...
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DECISION and ORDER Michael Rowsey, presently confined at the Jackson Correctional Institution, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. §§ 2242 and 2254 on March 16, 1999. By decision and order of April 6, 1999, I determined that Mr. Row-sey’s petition survived scrutiny under Rule 4, Rules Governing Section 2254 Cases. The respondent was then directed to serve an...
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OPINION AND ORDER Defendants Japan Network Group (“JNG”) and Yoshiaki Iida have moved to compel arbitration of this employment dispute. That motion is granted because, as set forth below, a valid agreement to arbitrate was signed by plaintiff and because the Court finds that arbitration of plaintiffs Title VII claims should not be precluded simply because she may be required to pay a ...
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DECISION and ORDER On May 6, 1998, Kristin Beul and her parents, Klaus Beul and Petra Beul, all adult residents of Germany, filed this action over which the court has diversity jurisdiction against the defendants. Defendant ASSE International, Inc, [“ASSE”], is a foreign corporation which provides cross-cultural and educational programs for foreign students in the United States and abroad...
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OPINION This is an action by plaintiff OSHA Data/CIH, Inc. (“OSHA Data”) against defendant the United States Department of Labor (the “Department of Labor”). Presently pending are the motion from OSHA Data for summary judgment (the “OSHA Data Motion for Summary Judgment”) and the cross motion from the Department of Labor to dismiss, or in the alternative for summary judgment (the “Departm...
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MEMORANDUM AND ORDER This retaliatory discharge case comes before the court on the following motions: the plaintiff Cynthia M. Bausman’s (“Baus-man”) motion for partial summary judgment (Dk.35); the defendant 'Interstate Brands Corporation’s (“Interstate Brands” or “IBC”) motion for summary judgment (Dk.37); and the plaintiff Bausman’s motion to strike (Dk.44) the affidavit of Robert Linc...
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Collection of Monies/Antitrust OPINION AND ORDER Pending before the Court are several motions for summary judgment filed by Dyno Nobel, Inc. (“Dyno”) (Docket # 94, 93) and third-party defendants Drillex, S.E., Jose F. Criado Vázquez, his wife Pilar Valladares de Criado and their conjugal partnership, (hereinafter “Drillex”) (Docket # 94). Dyno and Drillex seek dismissal of the antitr...
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ORDER INTRODUCTION The Petitioner in this 28 U.S.C. § 2254 action was sentenced to death by a South Carolina Court of General Sessions on October 28,1993. In this § 2254 petition, the Petitioner’s two attorneys assert several grounds relating to the sentencing phase of his criminal trial and his direct appeal; they do not dispute the proceedings during the guilt phase of his trial. The re...
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54 F.Supp.2d 1056 (1999) Jannett S. ALLEN, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. 98-4087-SAC. United States District Court, D. Kansas. June 17, 1999. *1057 *1058 Steven M. Tilton, Tilton & Tilton LLP, Topeka, KS, for plaintiff. Nancy M. Landis, Office of United States Attorney, Topeka, KS, for defendant. MEMORANDUM AND ORDER CROW, Senior District Jud...
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FINAL ORDER ON PLAINTIFF’S MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO PLAINTIFF’S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS (#48) The within Final Order deals with that portion of Plaintiffs Motion to Compel Production of Documents Responsive to Plaintiffs Second Request for Production of Documents (#48) which seeks an award of reasonable costs, including attorney’s fees, pursuant ...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on cross-motions for summary judgment. *1153 Jurisdiction is based on 28 U.S.C. § 1340 and 26 U.S.C. § 7402(a). Plaintiff United States of America brings this lawsuit to recover money owed by defendant Sidney Davidson for tax deficiencies totaling $1,005,178.51 for the years 1980, 1981, and 1993. In an attempt to collect on this tax...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS Sacramento Hinojosa-Perez (“Hinojosa-Perez”) has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 asking that this Court admit him to bail pending resolution of his deportation proceeding. See Docket No. 1. See also Docket No. 6 (Memorandum). Defendant Immigration and Naturalization Service (...
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56 F. Supp. 2d 114 (1999) Jane DOE, John Doe and Mary Doe, Plaintiffs, v. OLD ROCHESTER REGIONAL SCHOOL DISTRICT, Robert Gardner, Joan Walsh, and John A. Shockro, Defendants. No. 99-10214 MEL. United States District Court, D. Massachusetts. July 6, 1999. *115 Fredric L. Ellis, Edward A. Broderick, Edward A. Rapacki, Ellis & Rapacki, Boston, MA, for Jane Doe, John Doe, Mary Doe, Plaintiffs. Ri...
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MEMORANDUM AND ORDER This is a discovery dispute requiring interpretation and application of the Securities Litigation Uniform Standards Act of 1998, Pub.L. No. 105-353, 112 Stat. 3227 (“Act”) and specifically those sections of it which are said to authorize federal courts to stay discovery proceedings in state courts in “related actions,” 15 U.S.C. §§ 77z-l(b)(4) and 78u-4(b)(3)(D). This...
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MEMORANDUM OPINION The above-captioned cases are actions by the Federal Trade Commission (FTC) and thirty-two States against Mylan Laboratories and other drug companies for various federal and state law antitrust violations. Pending before the Court are defendants’ motions to dismiss the complaints in both cases. There are three motions to dismiss pending in FTC v. Mylan an...
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ORDER This is a diversity case which arises from an automobile accident in which it is alleged that defendant John D. Landrum, Sr., driving a tractor trailer as an agent, employee, and/or servant of defendant Trism, Inc., negligently struck a vehicle driven by plaintiff Rose M. McDonald causing injury to the plaintiff as well as her passengers, plaintiffs Justin R. and Patricia Gullion. On Ja...
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DECISION AND ORDER Preliminary Statement Petitioner Titus Stephens (hereinafter “Stephens”), proceeding pro se, petitions *165 this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 636(c), the parties have consented to the disposition of this matter by the undersigned. For the reasons set forth below, Stephens’ petition for a writ of habeas corpus ...
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DECISION and ORDER JURISDICTION This matter was referred to the undersigned for all pretrial matters by order of Hon. Richard J. Arcara dated March 31, 1997. It is presently before the court on Plaintiffs motion, filed April 20, 1999, for reconsideration of this court’s ruling during an oral deposition on April 15, 1999, to direct non-party witnesses answer questions at a further deposition and e...
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DECISION AND ORDER INTRODUCTION Plaintiff George Arce filed this civil rights action under 42 U.S.C. § 1983 on October 11,1987. Defendants are supervisory staff and correction officers at Attica Correctional Facility (“Attica”), a prison run by New York State Department of Correctional Services (“DOCS”). Arce’s amended complaint includes claims that he was deprived of liberty wit...
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ORDER Appellant Myrtle J. Perry (“Debtor”) seeks review of an order from the United States Bankruptcy Court, Judge William Greendyke, sustaining the objection of Ap-pellee Audubon Park Community Improvement Association (“Creditor”) to Debtor’s Chapter 13 Plan (“Plan”). Debtor and Creditor have briefed the issues currently before the Court. The Plan filed by Debt- or provides for the c...
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64 F.Supp.2d 657 (1999) Walter JOHNSON, Plaintiff, v. The ECONOMIC DEVELOPMENT CORPORATION OF the COUNTY OF OAKLAND, Defendant. No. Civ.A. 98-CV-71672-DT. United States District Court, E.D. Michigan, Southern Division. June 29, 1999. *658 Robert A. Sedler, Michael J. Steinberg, Detroit, MI, for Plaintiff. Philip T. Carter, Marla G. Zwas, Howard & Howard, Bloomfield Hills, MI, Kevin T. Baine, ...
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FINDINGS OF FACT I.Parties 1. Plaintiff, Delta Star, Inc. (Delta Star), is a Delaware corporation engaged in the business of manufacturing medium power transformers and other electrical equipment. 2. Defendant, Andrew W. Patton (Patton), is the former President of Delta Star and the former Chairman of the Delta Star Board of Directors (Delta Star Board). 3. The addi...
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54 F. Supp. 2d 473 (1999) Rita M. PARRY, and Maetrel M. Yetter, v. JACKSON NATIONAL LIFE INSURANCE COMPANY. No. CIV. A. 97-8092. United States District Court, E.D. Pennsylvania. July 13, 1999. *474 Gavin P. Lentz, Jeffrey W. Ogren, Bochetto & Lentz, P.C., Philadelphia, PA, for Plaintiffs. Barbara A. O'Connell, Christina Fraccalvieri, Sweeney & Sheehan, Philadelphia, PA, for Defendant. ME...
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MEMORANDUM AND ORDER This civil action has been removed to this court pursuant to 28 U.S.C. §§ 1441 *575 and 1446 on the basis of federal question jurisdiction (preemption by Section 502 of the Employment Retirement Income Security Act of 1974 (“ERISA”)). Before the court is the motion of plaintiffs, Anne Ma-' rie McDonald (“Anne Marie”) and Francis McDonald (collectively...
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52 F.Supp.2d 1310 (1999) UNITED STATES of America, Plaintiff, v. John WICK, Defendant. No. CR 98-663 MV. United States District Court, D. New Mexico. February 11, 1999. *1311 *1312 Tara Neda, Assistant U.S. Attorney, Albuquerque, NM, for Plaintiff. Susan Dunleavy, Assistant Public Defender, Albuquerque, NM, for Defendant. MEMORANDUM OPINION AND ORDER VAZQUEZ, District Judge. THIS MATTER is befor...
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In a prior opinion in this case, Coates v. Heartland Wireless Communications, Inc., 26 F.Supp.2d 910 (N.D.Tex.1998) (“Coates I ”), the court granted defendants’ motion to dismiss, holding in relevant part that plaintiffs had failed adequately to plead scienter, id. at 918-922, but granting them leave to replead. Id. at 923. Plaintiffs have filed their...
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OPINION AND ORDER In this patent infringement case, Plaintiff Ductmate Industries, Inc. sues Defendants Famous Supply Corporation, XL Enterprises, Inc., Duro Dyne Corporation, and Mez Industries, Inc. for direct and indirect infringement of four patents. 1 The patents in suit involve a mechanical system for connecting metal air duct sections together. Plaintiff Ductmate alleges...
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RULING ON MOTION FOR BILL OF PARTICULARS Defendant Eduardo Baez (“Baez”) has been charged in a four-count superseding indictment with violating RICO, 18 U.S.C. § 1962(c) (count one), RICO Conspiracy, 18 U.S.C. § 1962(d) (count two), and Violent Crimes In Aid of Racketeering (“VCAR”), 18 U.S.C. §§ 1959(b)(1) and 1961 (counts three and four). Jury selection is scheduled for April 1,1999...
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RULING ON MOTION FOR SUMMARY JUDGMENT This action against Hard Copy, Paramount Communications, Inc. (the “media defendants”), the Town of Wilton, the Wilton Police Department, Chief of Police Angelo Toscano, and Officer Robert Crosby, arises out of the broadcast of a Hard Copy episode which featured a videotape of the plaintiff, Marc Cowras (“Cowras”), that was taken after his arrest for driv...
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RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT The plaintiff, Arlene McCarthy (“McCarthy”), bring this action against the defendant, State of Connecticut, Department of Mental Health and Addiction Services (“DMHAS”), alleging violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (“ADEA”), termination in violation of public policy as stated in the ADEA and Conn.Gen....
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113 F. Supp. 2d 58 (1999) AMERICAN HONDA MOTOR CO., INC., Plaintiff, v. BERNARDI'S, INC., d/b/a Bernardi Honda, Defendant. American Honda Motor Co., Inc., Plaintiff, v. Richard Lundgren, Inc., d/b/a Lundgren Honda, Defendant. American Honda Motor Co., Inc., Plaintiff, v. Clair International, Inc., d/b/a Clair Honda, et al., Defendants. C.A. Nos. 98-10690-MLW, 98-40061, 98-11254-MLW. United States...
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48 F. Supp. 2d 104 (1999) David LEVENTHAL, Jack Fishbaum, David Stark, Waltzer Diamond FLP, David Wampole, and Hobsen Dewey Beeman on behalf of themselves and all other similarly situated, Plaintiffs, v. Leonard TOW, Daryl A. Ferguson, Livingston E. Ross, Robert J. DeSantis, J. Michael Love, and Citizens Utilities Company, Defendants. No. Civ.A.3:97CV01642DJS. United States District Court, D. Con...
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ORDER AND REASONS Before the Court is a petition by Walfri-do Colarte for issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Having considered the petition, the record, and the applicable law, the Court hereby DENIES the Petitioner’s request for ha-beas corpus relief. I. Background The Petitioner, Walfrido Colarte, currently is serving a forty-year sentence at the Dixon...
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54 F. Supp. 2d 798 (1999) UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. HUMISTON-KEELING, INC., et al., Defendants. No. 97 C 5654. United States District Court, N.D. Illinois, Eastern Division. March 29, 1999. Order Denying Reconsideration, July 6, 1999. *799 *800 *801 Jean Powers Kamp, John C. Hendrickson, United States Equal Employment Opportunity Commission, Chicago, IL,...
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MEMORANDUM OPINION AND ORDER Peter Weiss filed this lawsuit against Campagna Turano Bakeries claiming that it first demoted and then constructively discharged him because of his age and religion, in violation of Title VII, 42 U.S.C. § 2000e et seq., and the ADEA, 29 U.S.C. § 621 et seq. Campagna now seeks partial summary judgment on the grounds that Weiss’ complaint exceeds the scope of h...
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MEMORANDUM OPINION & ORDER Plaintiffs brought this class action discrimination lawsuit alleging that Defendant The Coca-Cola Company [“Coca-Cola”] systematically discriminates against African-American employees with regard to employee evaluations, compensation, promotions, and job placement within the corporation’s divisions. (Compl. at ¶ 3.) Before the Court is Plaintiffs’ Motion for Leave to ...
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MEMORANDUM OPINION AND ORDER Wardell Johnson brought this action alleging that his former employer, Travelers Property Casualty Corporation [“Travelers”], failed to promote him and discharged him because of his age in violation of the Age Discrimination and Employment Act, 29 U.S.C. § 621 et seq. [“ADEA”]. Travelers moves to compel arbitration of Mr. Johnson’s claim based on an arbitration ...
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MEMORANDUM AND ORDER The permissible scope of pending discovery depends, at least in large measure, on whether or not the concept of “integrated enterprise” applies to claims under the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et seq. Papa v. Katy Industries, Inc., 166 F.3d 937 (7th Cir. 1999), holds that it does not apply to statutory discrimination claims, al...
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60 F. Supp. 2d 777 (1999) UNITED STATES ex rel. Andrew WILSON, Petitioner, v. Howard PETERS, III, Respondent. No. 97 C 3006. United States District Court, N.D. Illinois, Eastern Division. June 30, 1999. *778 *779 Andrew Wilson, Pontiac, IL, petitioner, pro se. Darryl Belmonte Simko, William Lloyd Browers, IL Atty. General's Office, Chicago, IL, for howard Peters, III, respondent. MEMORANDUM AND ...
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MEMORANDUM AND ORDER Plaintiffs Jin Ok Choi and Won Hye Choi (the Chois) seek to recover damages for economic and emotional injuries resulting from the sale of their home for unpaid taxes. The Chois allege that defendants breached contractual duties (counts I — III) and committed various torts (counts IV-VI) when they provided erroneous tax information, failed to pay the real estate t...
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MEMORANDUM OPINION AND ORDER Plaintiff Jacob Sampson has filed a four-count pro se amended complaint, alleging, inter alia, a conspiracy to obstruct justice pursuant to 42 U.S.C. § 1985(2), fraud upon the court, and unspecified state law claims arising out of a January 8, 1995, traffic accident between plaintiff, an Illinois resident, and a taxicab. Before bringing the instant suit, p...
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ORDER This case is before the court for consideration of plaintiffs’ motion to remand [14-1], plaintiffs’ motion to stay the ruling on plaintiffs’ motion to remand [18-1], defendant Principal Health Care of Georgia, Inc.’s (“Principal”) motion to file a surre-ply to plaintiffs’ reply in support of the motion for remand, and Principal’s motion to dismiss [20-1]. Plaintiffs are assertin...
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55 F. Supp. 2d 1362 (1999) UNITED STATES of America v. Antonio Fredy DIAZ, Jacinto Torres, Rudesindo Viveros, Francisco Zubiria, Defendants. No. 98-663-CR-DAVIS. United States District Court, S.D. Florida. February 11, 1999. Michael Mullaney, Assistant United States Attorney, Miami, FL, for plaintiff. Philip Horowitz, Miami, Fla., Alvin Entin, Fort Lauderdale, FL, David Tucker, Coral Gables, FL, ...
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ORDER RE: DEFENDANT’S MOTION FOR SUMMARY JUDGMENT The Court has considered defendant’s Motion for Summary Judgment. After reviewing the materials submitted by the parties, the arguments of counsel, and the case file, the Court hereby grants defendant’s Motion for Summary Judgment. I. BACKGROUND In the instant action, plaintiffs Milton Cohen (“Cohen”) and Marcia Cohen seek a • re...
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ORDER This case is presently before the Court on defendant Harbert-Yeargin, Inc.’s Supplemental Brief in Support of its Motion for Summary Judgment [51] and plaintiffs Motion for Partial Summary Judgment [47], The Court has reviewed the record and the arguments of the parties and, for the reasons set forth below, concludes that defendant Harberh-Yeargin, Inc.’s Supplemental Brief in S...
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MEMORANDUM OPINION AND ORDER Jamie Saucedo-Tellez entered the United States in September 1992. He married a United States citizen and, in May 1996, applied for permanent residency status. In November 1996, Saucedo-Tellez pled guilty to aggravated criminal sexual abuse for which he was sentenced to two years probation. Although it is not completely clear from the record, Saucedo-Tellez appears...
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54 F.Supp.2d 1159 (1999) Sharmarie ROCKY, Plaintiff, v. COLUMBIA LAWNWOOD REGIONAL MEDICAL CENTER and Florida Community Health Care Centers, Inc., Defendants. No. 98-8220-CIV. United States District Court, S.D. Florida. July 2, 1999. *1160 *1161 Robert A. Bogan, Pompano Beach, Florida, for plaintiff. Rachel F. Alters, McGrane & Nosich, P.A., Coral Gables, Florida, for defendant Florida Commun...
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54 F. Supp. 2d 1322 (1999) William ST. JOHN, Plaintiff, v. UNITED STATES of America, Defendant. No. 98-6140-CIV. United States District Court, S.D. Florida. June 24, 1999. *1323 William St. John, c/o Virginia Molloy, Deerfield Beach, FL, plaintiff pro se. Barbara L. Petras, Asst. U.S. Atty., Fort Lauderdale, FL, for defendant. FINAL SUMMARY JUDGMENT ZLOCH, District Judge. THIS MATTER is before t...
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OPINION AND ORDER I. INTRODUCTION Appellant, Treber Realty LLC (“Tre-ber”), is the owner of a building located at 101 West 23rd Street. Treber leases (“Net Lease”) the building to 101 West 23rd Street Inc. (“the Co-Op”). The CoOp subleases the commercial space in the building to Policy Realty Corp. (“Policy”), the debtor and appellee. Treber terminated the Net Lease with the Co-Op for failu...
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OPINION In this case, plaintiff Dawn Vails contends that she was subjected to discrimination by the New York City Police Department (the “NYPD”) on the basis of her gender in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”). Vails was discharged in 1989, only four-and-a-half months after graduating from the police academy. She ...
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MEMORANDUM OF DECISION AND ORDER In this hybrid action brought pursuant to section 301 of the Labor Management Relations Act (the “LMRA”), 29 U.S.C. § 185, arising from the disbursement of settlement funds following a plant closing, the Court previously dismissed the Third Amended Complaint against the defendants White Rose Food, a Division of DiGiorgio Corporation (“White Rose”), and...
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82 F. Supp. 2d 660 (1999) George C. PUCKETT, Jr. and Martha Sue Puckett, Plaintiffs, v. UNITED STATES of America, Defendant. No. CIV. A. H-98-1788. United States District Court, S.D. Texas, Houston Division. June 23, 1999. Percy L Isgitt, Houston, TX, for George C Puckett, Jr, Martha Sue Puckett. Ralph F Shilling, Jr, Dept. of Justice, Tax Division, Dallas, TX, for Commissioner of the Internal Re...
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MEMORANDUM OPINION AND ORDER Before the Court are Plaintiffs and Defendants’ respective Motions for Summary Judgment on Count I of the Amended Complaint. Also before the Court is the Motion for Summary Judgment of Defendant Soraghan Moving and Storage, Inc. (“Soraghan”) as to Count II of the Amended Complaint. For the following reasons, this Court grants the Defendants’ Motion and den...
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ORDER ON MOTION FOR SUMMARY JUDGMENT Plaintiff Security People, Inc. (“SPI”) and defendant Medeco Security Locks, Inc. (“Medeco”) are in the high security lock industry. They design, develop, manufacture and sell security related mechanisms, software and systems. They are competitors. In this action, SPI contends that Mede-co’s products infringe one of SPI’s patents, and were dev...
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54 F.Supp.2d 621 (1999) AMERICAN CANOE ASSOCIATION, INC. and American Littoral Society, Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants. No. 98-979-A. United States District Court, E.D. Virginia, Alexandria Division. July 12, 1999. *622 Dale R. Schmidt, Alexandria, VA, for plaintiffs. Helen Fahey, United States Attorney, Sharon L. Parrish, Assistant United States ...
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60 F. Supp. 2d 562 (1999) Steven O. HARRIS, Plaintiff, v. The TJX COMPANIES, INC., Defendant. No. 5:98CV0094. United States District Court, W.D. Virginia, Harrisonburg Division. June 28, 1999. *563 Thomas H. Oxenham, III, Chandler, Franklin & O'Bryan, Charlottesville, VA, for plaintiff. Peter B. Vaden, Charlottesville, VA, for defendant. MEMORANDUM OPINION CRIGLER, United States Magistrate J...
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ORDER FACTUAL BACKGROUND On September 28, 1998, Plaintiff, a disabled man, brought this suit pursuant to 42 U.S.C. § 2000a-3(a), alleging that Defendants failed to comply with portions of Title III of the Americans with Disabilities Act of 1990CADA). 42 U.S.C. § 12101 et seq. Specifically, Plaintiff alleges that Defendants’ retail establishments contain barriers which limit accessibility by...
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OPINION AND ORDER OWEN, District Judge. Karen de Kleinman, who for five years outrageously tweaked and flouted the federal courts and went to jail for it, has now, to obtain money, turned her sights on her elderly mother, Sylvia L. Brainen, whose competence is so poor that she is now sadly a ward of the Florida courts. Michele F. Brainen, Heidi Fleisher, another daughter and grand...
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MEMORANDUM ORDER In this case, petitioners seek public disclosure of transcripts of two special grand juries, convened from 1947 to 1950, insofar as they pertain to the investigation of Alger Hiss, an alleged Soviet spy. By Opinion & Order dated May 13, 1999 (the “May 13 Opinion” or “Opinion”), the Court granted the petition in part and ordered the Government to release portions of th...
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ORDER This cause came before the Court on the following matters: (1) Defendant’s Motion for Partial Summary Judgment as to Plaintiffs “As Applied” Claims Based on Ripeness or Lack of Jurisdiction (Doc. No. 16, filed January 19, 1999); Defendant’s Memorandum in Support of Motion for Partial Summary Judgment (Doc. No. 97, filed January 19, 1999); and Plaintiffs Response to Four Motions for Summ...
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*637 ORDER This matter is before the Court on defendant David C. Pearce’s motion for entry of judgment as a matter of law, and alternatively, for a new trial, and plaintiffs opposition thereto; on defendant’s motion for reduction of the verdict pursuant to Federal Rule of Civil Procedure 59 and section 8.01-581.15 of the Virginia Code, and plaintiffs opposition thereto; and d...
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MEMORANDUM OPINION AND ORDER This case is before the Court on cross-motions for partial summary judgment. For the reasons stated herein, both motions are granted in part and denied in part. I. This is a suit to recover federal income taxes and interest paid by Dresser Industries, Inc. and its subsidiaries for the 1981-1987 tax years. 1 On February 28, 1994, the Un...
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MEMORANDUM OPINION Before the Court is defendant’s Motion for Summary Judgment or, in the alternative, Summary Adjudication of Issues. For the reasons stated in open court and below, the Motion is GRANTED. Background, The following facts are not in dispute. Plaintiff, Pamela L. O’Connell, is a former employee of defendant, Isocor Corporation (Isocor), a California corpor...
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57 F. Supp. 2d 565 (1999) UNITED STATES of America, Plaintiff, v. Michael J. TOMASINO, Defendant. No. 98 CR 956. United States District Court, N.D. Illinois, Eastern Division. June 17, 1999. Sergio Fidel Rodriguez, Federal Defender Program, Chicago, IL, for defendant. Mark R. Filip, U.S. Atty's Office, Chicago, IL, for U.S. MEMORANDUM OPINION AND ORDER GETTLEMAN, District Judge. On January 7, 19...
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MEMORANDUM OPINION AND ORDER Anchor Wall Systems, Inc., a Minnesota corporation with its principal place of business in Minnetonka, Minnesota, sues R & D Concrete Products, Inc., an Iowa corporation with its principal place of business in Rock Island, Illinois, for patent infringement. Anchor moves for a preliminary and permanent injunction enjoining R & D from further infr...
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MEMORANDUM AND ORDER Following a 55-day trial of nine defendants that resulted in a hung jury on most counts, defendants Vincent Marino (“Mari-no”) and Anthony Ciampi (“Ciampi”) moved this Court to dismiss several of the remaining counts on grounds of collateral estoppel (Docket Nos. 751 and 758). Moreover, Ciampi filed a motion, based on collateral estoppel, to preclude the government fr...
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MEMORANDUM OPINION AND ORDER Plaintiff Asuncion Torres filed a Complaint on June 7, 1999 in which she alleges that in retaliation for her unsuccessful challenge against the incumbent 12th Ward Alderman for the City of Chicago, defendants have initiated a campaign of harassment and intimidation against her. As part of this campaign, Torres charges that in a vindictive prosecution, defe...
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ORDER On October 21, 1998, Plaintiff filed a Motion for Leave to File an Amended Complaint. Defendant filed a timely motion in opposition. For the following reasons, Plaintiffs Motion will be granted. FACTUAL BACKGROUND Plaintiff Harry W. Brink commenced this action on June 12, 1997 in response to a letter, (attached to Compl. as Ex. A), Plaintiff received from Defendant Fir...
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55 F. Supp. 2d 356 (1999) CROWLEY AMERICAN TRANSPORT, INC., Appellant, v. Cecile BRYAN, Appellee. No. Civ.App.1997-227. District Court, Virgin Islands, Appellate Division, D.St. Thomas and St. John Division. June 30, 1999. *357 Riel Faulkner, Dudley, Topper & Feuerzeig, St. Thomas, VI, for appellant. Cecile Bryan, St. Thomas, VI, pro se appellee. BEFORE: THOMAS K. MOORE, Chief Judge, District...
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54 F.Supp.2d 947 (1999) Genon CROOK, Personal Representative of the Estate of Kenneth E. Crook, Deceased, Plaintiff, v. FARMLAND INDUSTRIES, INC., a Kansas corporation, Farmers Cooperative Business Association, a Nebraska corporation, Kaneb Pipe Line Operating Partnership, L.P., a Kansas partnership, Defendants. No. 4:96CV3442. United States District Court, D. Nebraska. July 12, 1999. *948 James ...
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OPINION Appellant Wendell Hanley ["Hanley"] appeals the decision of *219 the Territorial Court ["trial court"] to grant the summary judgment motion of appellee Virgin Islands Port Authority ("VIPA") and to deny the summary judgment motion of appellant Hanley. Hanley also challenges the trial court's reliance on a document which he alleges is hearsay. VIPA claims that Hanley's appeal is frivol...
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MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND MOTION TO STRIKE On September 15, 1997, AFC Cable Systems Inc. (AFC) filed this Complaint against J. Ronald Clisham, an ex-employee, alleging that he had breached his 1992 non-compete agreement (the Agreement) and his duty of loyalty (Count I). AFC also sought an accounting (Count II). 1 On *168 ...
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OPINION AND ORDER On June 9, 1999, Co-defendants, University of Puerto Rico (“UPR”) and American International Insurance Company (“American”) filed a joint Motion To Dismiss For Lack Of Diversity Jurisdiction (Docket No. 6), requesting the Court to dismiss the claims against UPR and American on the grounds of UPR’s Eleventh Amendment immunity. (Docket No. 6). Plaintiff, Kate Llewellyn...
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OPINION AND ORDER Pending before the Court is Codefend-ants’ Dr. Carlos Muñoz, his wife Concep-ción San Julian-Hita’s, and their constituted conjugal partnership’s (collectively referred to as “Muñoz Defendants”) motion for Summary Judgement to dismiss all claims against them. (Docket No. 31). The Plaintiff, Maxinne M. Lausell-Archil-la, has filed a timely Opposition. (Docket No. 54)....
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MEMORANDUM-DECISION and ORDER This matter was reassigned to the undersigned following the Hon. Rosemary S. Pooler’s 1998 appointment to the United States Court of Appeals for the Second Circuit. On September 30, 1998, following a roughly two week trial before this court, the presiding jury returned a mixed verdict finding plaintiffs employer breached his contract, but had not terminated him bec...
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ORDER GRANTING DEFENDANT STANDARD CHARTERED BANK’S MOTION FOR SUMMARY JUDGMENT Before the court is the motion of defendant Standard Chartered Bank (“SCB”) for summary judgment on all claims brought by plaintiff Thiagarajar Mills, Ltd. Plaintiff filed its action against defendants Louis W. Thornton, III, and Thornton & Company (“T & C”), a corporation owned and controlled by Thornton, on October. ...
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OPINION OF THE COURT Appellant Roy Sylvester Parrott ["Parrott"] contends that the Territorial Court erred in dismissing, without prejudice, his Petition for Writ of Habeas Corpus filed under V.I. Code Ann. tit. 5, *189 § 1301. As "the habeas petition is civil in nature," 1 the Appellate Division will exercise its authority to review this civil order of the Territo...
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ORDER THE COURT HAS BEFORE IT plaintiffs application for attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). Plaintiff requests an award of $6,627.08 based on 52.50 hours at an hourly rate of $126.23. Defendant filed a resistance indicating it did not challenge counsel’s right to fees in some amount, but that it did object to the number of hours plaintiffs coun...
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57 F. Supp. 2d 774 (1999) Eula F. KRAMER, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. Civ. 1-98-CV-10004. United States District Court, S.D. Iowa, Western Division. March 3, 1999. *775 Timothy N. Tripp, Grefe & Sidney, Pella, IA, for plaintiff. Christopher D. Hagen, Assistant U.S. Attorney, Des Moines, IA, for defendant. ORDER LONGSTAFF, Chief Judge. The C...
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54 F. Supp. 2d 923 (1999) Richard BAILIFF, Plaintiff, v. ADAMS COUNTY CONFERENCE BOARD; Adams County Board of Supervisors; Earl Hardisty; Daniel Morgan; Kevin Wynn; James R. Amdor; Verlyn C. Rice; Richard Cantieri; Thomas Shipley; Kurt W. Scott; Cheryl Blazek; Marvin Steffen; Malcom M. Shipley; Jacque Ann Laird, Defendants. No. Civ. 4-98-CV-10516. United States District Court, S.D. Iowa, Central ...
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42 F. Supp. 2d 943 (1999) LABORERS' AND OPERATING ENGINEERS' UTILITY AGREEMENT HEALTH & WELFARE TRUST FUND FOR ARIZONA, on behalf of itself and on behalf of all others similarly situated, Plaintiffs, v. PHILIP MORRIS, INC., R.J. Reynolds, Tobacco Company, Brown & Williamson Tobacco Corporation, B.A.T. Industries P.L.C., Lorillard Tobacco Company, Liggett Group, Inc., The American Tobacco ...
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AMENDED OPINION AND ORDER I. Introduction Plaintiff Ocean Rig ASA (“Ocean Rig”) seeks redress for the allegedly wrongful dishonor by Defendant Safra National Bank of New York (“Safra”) of a standby letter of credit in the amount of $15,000,-000. Defendant moves to dismiss all of Plaintiffs claims under Fed.R.Civ.P. 12(b)(6) or, in the alternative, moves for summary judgme...
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57 F. Supp. 2d 145 (1999) JOYCE E. TATUM v. HOSPITAL OF THE UNIVERSITY OF PENNSYLVANIA Civil Action No. 98-6198. United States District Court, E.D. Pennsylvania. July 16, 1999. *146 J. Matthew Wolfe, Law Offices of J. Matthew Wolfe, Philadelphia, PA, for plaintiff. Kristine M. Derewicz, Buchanan Ingersoll Professional Corp., Philadephia, PA, for defendant. MEMORANDUM OF DECISION RUETER, United S...
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MEMORANDUM & ORDER Defendant Richard Maack pleaded guilty to criminal charges arising from two separate cases. On April 29, 1998, Maack pleaded guilty to a five count information in criminal action number 98-201 charging him with mail fraud, wire fraud, and bank fraud. 1 While he was on release awaiting sentencing on that case, he engaged in further criminal conduct that le...
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61 F. Supp. 2d 836 (1999) UNITED STATES of America, Plaintiff, v. INDIANAPOLIS BAPTIST TEMPLE, Gregory Jerome Dixon, and NBD Bank, Inc., Defendants. No. IP 98-0498-C-B/S. United States District Court, S.D. Indiana, Indianapolis Division. June 29, 1999. *837 Harold Bickham, Asst. U.S. Attorney, Indianapolis, IN, Douglas Snoeyenbos, Trial Attorney, Tax Division, United States Department of Justice,...
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MEMORANDUM AND ORDER Petitioner Lawrence Dixon seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Dixon was convicted in 1982 after a jury trial in absentia in New York State Supreme Court, Kings County, of Criminal Possession of a Controlled Substance in the First Degree (N.Y. Penal Law § 220.21[1]) and Criminal Possession of a Weapon in the Third Degree (N.Y. Penal Law § 265.02[4]). ...
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OPINION At last! For nearly eight years I have been presiding over this fascinating, complex, and sobering case arising out of the collapse of Bank of Credit and Commerce International (“BCCI”), the largest bank failure in history. The Order that accompanies this Opinion is the final chapter in the longest-running forfeiture proceeding in the history of federal racketeering law. Against t...
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MEMORANDUM Before the Court for the public interest determination required by the Tunney Act is a proposed final judgment giving effect to the terms of an antitrust consent decree between and among the United States Government, Pearson plc, Pearson Inc., and Viacom International, Inc. It appears, upon examination in light of the violations charged in the complaint, that the terms of t...
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MEMORANDUM OPINION This action calls into question the constitutionality of the Virginia statute, Va.Code Ann. § 18.2-74.2 (the “Act”), which proscribes as criminal so-called “partial birth abortions,” interpreted by the Commonwealth to mean the abortion procedure known as intact dilation and extraction and all potential variants thereof. The Commonwealth defends the Act first by arguing ...
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OPINION AND ORDER Now pending before the Court is the motion of defendants Bidermann Industries U.S.A., Inc., Bidermann Industries Corporation, Great American Knitting Mills (“Great American”), Harold Ray Russell, and James A. Williams (“defendants”) for judgment as a matter of law, pursuant to Rule 50(b) of the Federal Rules of Civil Procedure, or, in the alternative, for an amendment to...
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58 F.Supp.2d 463 (1999) Rodolfo CEBALLOS de LEON, Plaintiff, v. Janet RENO, Defendant. No. Civ.A. 98-4890(AJL). United States District Court, D. New Jersey. June 29, 1999. *464 Robert Frank, Newark, New Jersey, for petitioner. Faith Hochberg, United States Attorney, Daniel J. Gibbons, Assistant United States Attorney, Newark, New Jersey, for United States. Janet Reno, Attorney General, Doris Meis...
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MEMORANDUM AND ORDER Following a 1986 trial in New York State Supreme Court, Kings County, petitioner Anthony Brown (“petitioner” or “Brown”) was convicted of three counts of murder in the second degree, six counts of criminal possession of a weapon, and one count each of attempted murder in the second degree, assault in the first degree, and robbery in the first degree. Brown’s convi...
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MEMORANDUM Plaintiffs, Thurston Mayo and his parents, Rosetta and David Mayo (“the Ma-yos”), have brought this action against defendant Dr. Robert Booker in his capacity as Chief Executive Officer of Baltimore City Public Schools (“BCPS”). The Mayos claim that they are entitled to attorneys’ fees and costs of more than $31,000 arising out of disputes with BCPS concerning Thurston’s educat...
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OPINION Plaintiffs, Drs. Cielo and James Alleyn, are suing The Port Authority of New York and New Jersey, Delta Air Lines, Inc., MMantec, Schindler Elevator Corp. and its unincorporated subsidiary Millar Elevator Service for personal injury, loss of consortium and other causes of action arising from injuries Dr. Cielo Alleyn sustained as a result of an escalator accident on October 6,...
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MEMORANDUM AND ORDER Plaintiff, Sean Campbell, sues International Brotherhood of Teamsters (“IBT”) for violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000 et seq. (“Title VII”) and related state laws. Specifically, Campbell alleges that he was subjected to discrimination on account of his race while employed by International Brotherhood of Teamsters Local...
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MEMORANDUM OPINION AND ORDER This ease is before the Court on the plaintiffs’ motion for the award of costs and fees pursuant to Rule 4(d) of the Federal Rules of Civil Procedure. Upon consideration of plaintiffs’ motion, defendants’ opposition, and plaintiffs’ reply, the Court will deny the motion. Plaintiffs are minors who seek to enforce their rights under the Individuals with Disabilities Ed...
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MEMORANDUM OPINION AND ORDER Before the court is petitioner Darrell Gooch’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the following reasons, the court denies petitioner’s petition for writ of habeas corpus. I. BACKGROUND On January 10, 1994, following a plea of guilty to one count of aggravated criminal sexual assault, the Circuit Court of ...
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55 F. Supp. 2d 17 (1999) Nikita PETTIES, et al., Plaintiffs, v. The DISTRICT OF COLUMBIA, et al., Defendants. No. Civ.A. 95-0148(PLF). United States District Court, District of Columbia. May 14, 1999. Opinion Awarding Fees July 9, 1999. Tanya A. Harvey, James Feldesman, Feldesman, Tucker, Leifer, Fidell & Bank, Washington, DC, for plaintiffs. *18 Grace Perry-Gaiter, Walter Smith, Assistant Co...
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ORDER The Appellant, the United States of America, challenges in this appeal that aspect of the bankruptcy court’s order which determined that the Appellee, Frank Macagnone, was not liable for the trust fund penalty assessed against him under the provisions of 26 U.S.C. § 6672.1 The Appellant contends that the bankruptcy court erred by exercising jurisdiction, by failing to abstain after it dete...
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MEMORANDUM OPINION This race discrimination case comes before the Court on defendant’s threshold motion to dismiss the complaint. At issue, specifically, are the following questions: (i) Must a terminated employee’s retaliation claim be administratively exhausted before it can be advanced in court? (ii) Under what circumstances can the continuing violation doctrine rescue otherw...
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58 F.Supp.2d 669 (1999) Teresa BERNARD and Simon Muench, Plaintiffs, v. SCHOOL BOARD OF THE CITY OF NORFOLK, Defendant. No. 2:99cv227. United States District Court, E.D. Virginia, Norfolk Division. July 15, 1999. *670 Philip C. Barr, Poquoson, VA, for plaintiffs. Daniel R. Hagemeister, Senior Deputy City Attorney, Noroflk, VA, for defendant. ORDER DOUMAR, District Judge. Presently before the Cou...
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55 F. Supp. 2d 47 (1999) AIR LINE PILOTS ASSOCIATION, Plaintiff, v. SHUTTLE, INC., Defendant. No. Civ.A. 97-0908(PLF). United States District Court, District of Columbia. July 9, 1999. *48 Jerry D. Anker, Air Line Pilots Association, Washington, DC, for plaintiff. Tom A. Jerman, O'Melveny & Myers, Washington, DC, for defendant. OPINION PAUL L. FRIEDMAN, District Judge. In a case that once ag...
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MEMORANDUM OPINION AND ORDER Before the court is plaintiff MAN Roland Incorporated’s motion to strike defendant Quantum Color Corporation’s amended affirmative defenses. For the following reasons, the court denies in part and grants in part plaintiff MAN Roland Incorporated’s motion to strike Quantum Color Corporation’s amended affirmative defenses. I. BACKGROUND For...
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ORDER In the above-captioned case, Defendant American Telephone and Telegraph Company (AT & T) has filed a Motion for Summary Judgment. For the reasons stated below, Defendant’s Motion for Summary Judgment is GRANTED. *1373I. Background Plaintiffs1 filed this case on June 24, 1992, individually and on behalf of a class of all other persons similarly situated, alleging that AT & T knowingly partic...
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58 F.Supp.2d 755 (1999) ORGANIC CHEMICAL SITE PRP GROUP, an unincorporated Voluntary Association located in Michigan, Plaintiff, v. TOTAL PETROLEUM INCORPORATED, a Michigan Corporation, Defendant. No. 5:97-CV-168. United States District Court, W.D. Michigan, Southern Division. July 12, 1999. *756 *757 *758 Russell E. Yates, Carlos Leal, Yates & Leal, L.L.P., Denver, CO, for Organic Chemicals ...
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OPINION The facts of these matters are unfortunate. A detailed background may be found in Magistrate Judge Rowland’s April 19, 1999 Opinion in 5:99-CV-29 (“Op.I”), and May 24, 1999 Opinion in 4:99-CV-57 (“Op.II”). Briefly, on March 22, 1999, Plaintiffs moved for remand. By March 29, 1999, all Defendants but Thomas Morgan appeared to have timely removed this action from state court or ...
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54 F.Supp.2d 842 (1999) AMERICAN FIRE & CASUALTY COMPANY, Plaintiff, v. BROEREN RUSSO CONSTRUCTION, INC., an Illinois corporation, Defendant. No. 98-CV-2109. United States District Court, C.D. Illinois, Danville/Urbana Division. July 12, 1999. *843 Robert M. Chemers, Amy E. Johnson, John M. McGregor, Michael A. Clarke, Pretzel & Stouffer, Chicago, IL, for plaintiff. Richard T. West, Meyer...
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60 F. Supp. 2d 723 (1999) BALSA U.S.A., INC., Plaintiff, v. Elaine P. AUSTIN, Charles J. Lorish, and Eva Hatt, Defendants. No. 2:97-CV-152. United States District Court, W.D. Michigan, Northern Division. July 16, 1999. *724 Jonathan P. Barstow, PC, Menominee, MI, for Balsa USA Inc. Margaret A. Nelson, Asst. Atty. General, Jennifer M. Granholm, Attorney General, Tort Defense Division, Lansing, MI,...
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ORDER Plaintiff Corine Zeigler claims in this lawsuit that her infant daughter, Kacheal *1325 Zeigler, was denied a medical screening examination in violation of the Emergency Medical Treatment and Active Labor Act (“EMTALA”), as added by § 9121(b) of the Comprehensive Omnibus Budget Reconciliation Act of 1985, 100 Stat. 164, and as amended, 42 U.S.C.A. § 1395dd, and she sues in both her in...
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OPINION This is an action brought by the plaintiffs, Gregory J. Lawrence (“Lawrence”) and Hal D. Pugach (“Pugach”) (collectively, the “Plaintiffs”), against ■ defendants, Xerox Corporation (“Xerox”), Xerox Corporation Employee Stock Ownership Plan (the “Xerox ESOP”), Crum & Foster, Inc. (“C & F”), Crum & Foster Holdings, Inc. (“C & F Holdings”), Talegent Holdings, Inc. (“Talegent”), Fairf...
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54 F.Supp.2d 1105 (1999) Sandy BAAS, Plaintiff, v. GUESS?, INC., Defendant. No. CIV. A. 98-0145-BH-S. United States District Court, S.D. Alabama, Southern Division. July 14, 1999. *1106 Walter G. Chavers, Kimberly Jane Calametti, Gardner, Middlebrooks, Fleming & Gibbons, P.C., Mobile, Al, Candis A. McGowan, Gardner, Middlebrooks, Fleming & Gibbons, P.C., Birmingham, AL, for Sandy Baas, pl...
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54 F. Supp. 2d 1199 (1999) Craig ROSS and his wife, Jeri Ann Ross v. Ted BOODRY, Jr. and Mildred Boodry and the Vessel Aurora, and Francois Vigneron. No. CIV. A. G-99-279. United States District Court, S.D. Texas, Galveston Division. July 16, 1999. James Bruce McIver, Mandell and Wright, Houston, TX, for Craig Ross, Jeri Ann Ross, plaintiffs. Edward J. Patterson, III, Fulbright and Jaworski, Hous...
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*356 MEMORANDUM OPINION Having completed distribution to claimants from a securities fraud class action settlement fund, class counsel now move for an order authorizing a charitable donation of the unclaimed class funds to The Legal Aid Society Civil Division. For the reasons given below, the court grants the motion and authorizes the proposed donation. I. Background: Cr...
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*529 MEMORANDUM AND ORDER This Memorandum and Order address the defendants’ Baratta & Fenerty, LTD. and Anthony Baratta, Esquire’s (collectively Ba-ratta & Fenerty) Motion to Compel Full and Complete Answers to Interrogatories and Responses to Request for Production of Documents and for Sanctions and Coregis Insurance Company’s (Coregis) opposition thereto. For the reasons that follow, Baratta ...
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ORDER DENYING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND FAILURE TO STATE A CLAIM Plaintiff, a licensed branch pilot for the ports of Brazoria County, Texas, brings this action to recover for injuries he allegedly sustained when he slipped and fell aboard the harbor vessel FREEPORT PILOT during a docking attempt. Defendants filed a Motion to Dismiss for Lack...
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MEMORANDUM Before the court is the plaintiffs motion for sanctions.1 The plaintiff is Bennett Win*519ters; and the defendant is Textron, Inc. The parties have briefed their respective positions and oral argument has been heard. For the reasons which follow, the court is compelled to impose sanctions against the defendant. Background On May 28, 1995, the plaintiff alleges that he was at the Fou...
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ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Plaintiff, the Galveston Bay Conservation and Preservation Association (“the Association”), contends that certain Army officials and the U.S. Army Corps of Engineers (“the Corps”) reissued permits under Section 404 of the Clean Water Act, 33 U.S.C. § 1344, in violation of regulations which require the Corps to provide public notice and co...
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MEMORANDUM I. INTRODUCTION This is a contract case which requires the court, as a threshold matter, to determine whether a federal court sitting in Pennsylvania, may exercise personal jurisdiction over a German corporation who is a party to a contract with another German corporation for work to be performed in Germany. Third-party defendant, Tech-nische Werke Kaiserslautern, A.G. (“T...
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ORDER RE: APPEAL I. INTRODUCTION PlaintiffrAppellee Christoph Eising (“Eising”) filed a complaint in Bankruptcy Court seeking to set aside a $1 million stipulated judgment entered against him by Defendani/Appellant Jeffrey Locke (“Locke”), for defaulting on a $50,000.00 promissory note. Locke sold the judgment to Defendant/Appellant Susan Vineyard (“Vineyard”), who seeks enforcement. The Bankru...
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FINDINGS OF FACTS AND CONCLUSIONS OF LAW This action came on for bench trial May 10, 1999, concluding May 12, 1999, the Honorable Samuel B. Kent presiding. The Court having carefully considered the oral testimony of all witnesses presented live at trial, the deposition transcript of each witness proffered in that format, all exhibits tendered during the trial, all pleadings, particula...
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MEMORANDUM AND ORDER Plaintiff Thomas Kerr has sued defendants, the New Yorker Magazine and illustrator Anita Kunz, for copyright •infringement pursuant to 17 U.S.C. § 101 et seq., and Lanham Act claims pursuant to 15 U.S.C. § 1125(a). Plaintiff Kerr is an illustrator who alleges that the July 10,1995 cover of the New Yorker — “Manhattan Mohawk” drawn by defendant Kunz — wa...
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54 F. Supp. 2d 1313 (1999) Carolyn McDOWELL, individually and as Personal Representative of the Estate of John McDowell, deceased, Plaintiffs, v. CONTINENTAL AIRLINES, INC., a Delaware corporation authorized to do business in the State of Florida, Defendant. No. 96-7238-Civ. United States District Court, S.D. Florida. April 7, 1999. *1314 Tod N. Aronovitz, Aronovitz & Associates, P.A., Miami,...
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MEMORANDUM-DECISION & ORDER Plaintiffs bring suit pursuant to 42 U.S.C. § 1983, the Fourteenth Amendment to the United States Constitution and New York Executive Law § 296 challenging defendants’ long-standing policy of sex-segregating certain jobs at the Oswego County Correctional Facility (“OCCF” or “Jail”). Presently before the court is plaintiffs’ motion for partial summary judgment s...
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MEMORANDUM-DECISION and ORDER Plaintiffs George A. Taylor (“Taylor”) and Sally Taylor bring this action under the Federal Torts Claims Act (“FTCA”), 28 U.S.C. §§ 2671, et seq., to recover damages related to personal injuries Mr. Taylor sustained on February 4, 1994 while entering the Cicero-Clay Post Office in Cicero, New York. Defendant denies any negligence. Pursuant to 28 U.S.C. § 2402, ...
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*475 OPINION Defendants International Total Services, Inc. (“ITS”) and Dan Richards (“Richards”) (collectively as “defendants”) move for summary judgment. Plaintiff Kristy Lemke (“Lemke” "or “plaintiff’) cross-moves for partial summary judgment as to her claims under the New Jersey Law Against Discrimination (“NJLAD”) and Title VII of the Civil Rights Act of 1964. For the fol...
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ORDER ON DEFENDANT AIRWARSAW’S MOTION TO TRANSFER VENUE This case is before the Court on Defendant Airwarsaw’s Motion to Transfer Venue and Memorandum, (Dkts.28, 29), and Plaintiffs Response. (Dkt.30). FACTUAL BACKGROUND Plaintiff American Aircraft Sales International, Inc. sued Defendant Airwarsaw, Inc. and Biomet, Inc. for anticipatory breach of contract and specific p...
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54 F. Supp. 2d 1305 (1999) Thomas A. WOODARD, Jr., Plaintiff, v. CITY OF GULFPORT and G. Curt Willocks, in his individual capacity, Defendants. No. 98-1455-CIV-T-17E. United States District Court, M.D. Florida, Tampa Division. July 1, 1999. *1306 Marcia S. Cohen, Cohen & Kyres, Craig L. Berman, Berman Law Firm, P.A., St. Petersburg, FL, for Thomas A. Woodard, Jr., plaintiff. Charles J. Thomas...
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ORDER The Honorable Leslie G. Foschio, a Magistrate Judge in this judicial district, having considered the within Petition and *93 Response pursuant to this Court’s referral under 28 U.S.C. § 636(b)(1)(B) and having on May 24, 1999 filed his Report and Recommendation concerning such and no objection thereto having been made, it is hereby ORDERED that Judge Foschio’s Report and Recommendat...
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ORDER The defendant interposes a motion to withdraw his pleas of guilty with respect to both counts of an indictment charging him (1) under Section 5845(b) of Title 26 and Section 922(o) of Title 18 of the United States Code with possession of a machine gun and (2) under Section 922(k) of Title 18 of the United States Code with possession of a firearm with an obliterated, altered, or ...
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MEMORANDUM OPINION AND ORDER This is an appeal under 28 U.S.C. § 158(a) of a final judgment of a bankruptcy judge ordering the appellant, R. Scott Schofield, to disgorge $756.28 from a payment received by him from the debtor before the fifing of her Chapter 7 bankruptcy proceeding as prepayment for costs and attorney’s fees for services performed and to be performed through the first meeting of...
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55 F. Supp. 2d 96 (1999) Milagros ORTIZ, SSN XXX-XX-XXXX, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. Civ. 97-2888(JP). United States District Court, D. Puerto Rico. June 25, 1999. *97 *98 Armando Cardona Acaba, PR Legal Services, Inc., San Juan, PR, for plaintiff. Lilliam E. Mendoza Toro, Assistant U.S. Attorney, Hato Rey, PR, for defendant. OPINION AND ORDER...
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MEMORANDUM OPINION I. INTRODUCTION. On September 3, 1997, Bonnie Mendel-son, the plaintiff in this diversity action, *437 filed a complaint against the Delaware River and Bay Authority, alleging that she injured her right hand, arm, and shoulder when she tried to open a hydraulic or pneumatic sliding door located on a ferry boat, the Twin Capes, operated by the Authority...
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OPINION & ORDER In March 13, 1996, the Puerto Rico Public Housing Administration, the Puerto Rico Department of Housing, and Myriam Alameda (hereinafter referred to as “PRPHA”, “PRDH” and “Alameda” respectively), commenced the instant action against defendants United States Department of Housing & Urban Development (hereinafter referred to as “HUD”) and the then Secretary of HUD, Henr...
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MEMORANDUM OPINION Plaintiffs commenced this civil action seeking a declaratory judgment that coverage exists for damages Winford Green (“Green”) incurred as a result of an automobile accident. Currently before the court is the motion for summary judgment brought on behalf of separate defendant Farmers Insurance Company (“Fanners”). For the reasons set forth below, the motion will be ...
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OPINION AND ORDER Pending before the Court are several motions to suppress evidence filed by defendants Rosa Soto-Encarnación (Docket #30), Omar Mvarado-Rodriguez (Docket #31) and Carlos Cabrera-Polo. (Docket # 34) The Court held a hearing on the motions to suppress on February 23, 1999. Upon careful consideration of the wit *331 nesses’ testimony, the parties’ arguments and the applicable la...
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*148 OPINION and ORDER I.Introduction and Background Plaintiff Víctor M. Meléndez-Colón (“Meléndez”) brought this case pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671 (“FTCA”), to recover money damages for physical injuries resulting from a collision with a United States Navy vehicle, driven by the deceased Captain Mark Ronald Peterson (“Captain Peterson”). 1 The parties had s...
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OPINION AND ORDER I. INTRODUCTION AND BACKGROUND Before the Court are Defendant’s SB Pharmco Puerto Rico, Inc.’s (“SmithKline”) Motion for Summary Judgment and Memorandum in Support thereof (docket No. 41), Plaintiffs Motion and Memorandum in Opposition thereto (docket No. 54), and SmithKline’s Reply to Plaintiffs Opposition. Plaintiff brought the Complaint in the above-captioned cas...
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OPINION AND ORDER The Telecommunications Act of 1996 introduced local telephony to a brave new world of competition. At the same time, it brought the Federal Communications Commission, all the state utility commissions and the federal courts into a new universe of “cooperative federalism.” See Philip J. Weiser, Chevron, Cooperative Federalism, and Telecommunications Refor...
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57 F. Supp. 2d 692 (1999) William A. PETERSON, Plaintiff, v. The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Defendant. No. 97-C-0766-C. United States District Court, W.D. Wisconsin. April 6, 1999. *693 *694 Thomas W. St. John, Friebert, Finerty & St. John S.C., Milwaukee, WI, for Peterson, William A., plaintiff. Paul E. Benson, Matthew MacLean, Michael, Best & Friedrich, Milwa...
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OPINION AND ORDER This cause of action is before the Court pursuant to the Motion of Plaintiffs for Summary Judgment and the Cross-Motion of Defendants for Summary Judgment. 1 The Court has considered the motions, briefs and accompanying exhibits. The Court rules that the Motion of Plaintiffs for Summary Judgment is hereby granted in part and denied in part. The Court further rules that the...
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GENERAL OPINION AND ORDER This cause of action is before the Court pursuant to the privacy requests of numerous individuals named in the files of the former Mississippi Sovereignty Commission (“Sovereignty Commission”), which are archived by the Mississippi Department of Archives and History (“MDAH”). The Sovereignty Commission was an intelligence agency established “to protect the sovereignt...
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126 F.Supp.2d 1236 (1999) Jerry H. LASLEY, et al., Plaintiffs, v. NEW ENGLAND VARIABLE LIFE INSURANCE COMPANY, et al., Defendants. No. C 99-0995 MMC. United States District Court, N.D. California. May 3, 1999. *1237 Lingel H. Winters, San Francisco, CA, for Plaintiffs. James H. Fleming, C. Mark Humbert, Edward Romero, Fleming & Phillips, Walnut Creek, CA, for Defendants. ORDER FINDING GOOD CAUSE;...
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ORDER This cause comes before the Court on the following: 1. Plaintiff NOCIF ESPAT’s motion to amend and for remand, (Docket No. 11 in Case No. 98-1647-CIV-T-17B); Defendant FEDERATED LIFE INSURANCE CO. [Federated]’s response (Docket No. 18); and Defendants KAY ELLEN ESPAT and RANDOLPH RICHARDSON’S response (Docket No. 31); 2. Defendant Federated’s suggestion of lack of subj...
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OPINION AND ORDER This action under 42 U.S.C. § 1983 is before the Court on defendants’ motion for summary judgment. Fed.R.Civ.P. 56. For the reasons stated hereinafter, the motion is granted in part and denied in part. BACKGROUND Until June 24, 1998, Martin Camacho (“plaintiff’) was a full-time Senior Aid to the City Council for the City of Yonkers (“the City”). While plaintiff worked for ...
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ORDER ON APPEAL This case is before the Court on appeal from the Final Confirmation Order entered by Bankruptcy Judge Thomas Baynes, Jr., on September 2, 1998. Jurisdiction over appeals from the final judgments, orders, and decrees of the Bankruptcy Court is vested in the Federal District courts pursuant to 28 U.S.C. § 158(a). Appellant has presented this Court with four issues for review. ...
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APPEAL FROM THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF FLORIDA This cause is before the Court on appeal by Appellant, United States of America, from the Order on Debtor’s Objection to Claim No. 8 in Bankruptcy Case No. 95-4809-8G3, entered September 28, 1998 by United States Bankruptcy Judge Paul M. Glenn (Docket No. 5) and response by Appellee, Debtor, Carole Janett Chene ...
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56 F. Supp. 2d 1370 (1999) Janet MAGGIO, Plaintiff, v. The STATE OF FLORIDA, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, et al., Defendants. No. 98-2473-CIV-T-17B. United States District Court, M.D. Florida, Tampa Division. July 19, 1999. *1371 *1372 John Wilbur Bakas, Jr., Law Office of John W. Bakas, Jr., Tampa, FL, for Janet Maggio, plaintiff. Danielle R. May, Jennifer M. Fowler, Zinober &...
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MEMORANDUM OPINION The motions before the Court concern principally the preclusive effect, if any, of the dismissal of a prior action between the parties in contemplation of the settlement of the prior action where the anticipated settlement did not come to pass. Facts Plaintiff Strategic Research Institute, Inc. (“SRI”) and defendant Information Management Network, Inc. (“IMN”) both are in the...
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45 F. Supp. 2d 5 (1999) Charles A. DORCHY, Plaintiff, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant. Civil Action No. 96-2753 AK. United States District Court, District of Columbia. February 25, 1999. *6 *7 Thomas Fortune Fay, Washington, DC, for Plaintiff. Robert John Kniaz, Jay Richard Goldman, Nancy Fay Langworthy, Washington Metropolitan Area Transit Authority, Office of Genera...
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OPINION Plaintiffs Consolidated Cigar Corporation (“Consolidated”) and Cuban Cigar Brands, N.V. (“CCB”) move pursuant to Fed.R.Civ.P. 56 for summary judgment against defendants Monte Cristi de Taba-cos, c.x.a. (“MCdT”) and Julio Perez Gonzalez (“Perez”) (collectively “MCdT Defendants”) on plaintiffs’ trademark counterfeiting, dilution, and infringement claims. The claims arise out of ...
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MEMORANDUM AND ORDER This matter comes before the court on petitioner’s Motion to Amend or Alter Judgment (Doc. 52), pursuant to Fed. R.Civ.P. 59(e). I. PROCEDURAL AND FACTUAL HISTORY The Report and Recommendation summarized the procedural and factual history of this case as follows: In November of 1991, Ferguson was convicted of aggravated arson and felony murder of her ex-husband. She...
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ORDER DENYING PARTIES’ REQUEST FOR STIPULATED PROTECTIVE ORDER Plaintiffs bring this action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., alleging that they suffered gender discrimination, sexual harassment, and retaliation, while working at defendant’s Kenosha, Wisconsin, outlet store. Currently before the court is a stipulated protective order submitted by t...
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58 F.Supp.2d 1247 (1999) Olander HICKLES, Jr. III, Petitioner, v. David McKUNE, Warden, and Carla Stovall, The Attorney General of the State of Kansas, Respondents. No. 97-3485-DES. United States District Court, D. Kansas. June 14, 1999. *1248 Olander J. Hickles, Lansing, KS, pro se. Jean K. Gilles Phillips, University of Kansas, School of Law, Lawrence, KS, for petitioner. Jared S. Maag, Office ...
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MEMORANDUM AND ORDER This forfeiture action arises out of the Government’s seizure of $22,474.00 in U.S. Currency from Claimant Derek Mahone at the Phoenix Sky Harbor International Airport on July 25, 1997. The Government alleges that probable cause exists to believe that the money represents proceeds of trafficking in controlled substances, or was used or intended to be used in exchange ...
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DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS I. INTRODUCTION Plaintiff John R. Price (“Price”) sued his employer, Wisconsin Services Corp., d/b/a Metro Milwaukee Auto Auction (“MMAA”), for racial discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a) and 42 U.S.C. § 1981. On March 15, 1999, MMAA moved ...
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MEMORANDUM AND ORDER This matter is before the court on the defendant’s Motion to Alter or Amend Judgment or for a New Trial (Doc. 205). *1291 Both parties have submitted briefs on this matter and the court is ready to rule, I.INTRODUCTION Turner & Boisseau, Chartered (“Turner & Boisseau”) initiated this action claiming that Nationwide Mutual Insurance Company (...
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61 F. Supp. 2d 1092 (1999) SEA-LAND SERVICE, INC., Plaintiff, v. ATLANTIC PACIFIC INTERNATIONAL, INC.; A & A Consolidators, Inc. Fleming Companies, Inc.; John Does 1-25, Defendants. and Fleming Companies, Inc., Defendant/Third-Party Plaintiff, v. Jack Borja and Heidi L. Borja, Third-Party Defendants, and Atlantic Pacific International, Inc., Defendant/Third-Party Plaintiff, v. Matson Navigati...
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MEMORANDUM AND ORDER This matter comes before the court on plaintiffs Application for Injunction Pursuant to F.R.C.P. 65 (Doc. 8). A hearing on this motion was held on June 8, 1999, at which time the court took the matter under advisement. For the reasons set forth below, plaintiffs motion is denied. I. BACKGROUND Plaintiffs parents obtained a loan from Community Bank of Ab...
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58 F.Supp.2d 1018 (1999) UNITED STATES of America, Plaintiff, v. Ezequiel GALLARDO, Roberto Gallardo Chavez and Carlos Torres, Defendants. No. Crim. 99-65. United States District Court, S.D. Iowa. May 4, 1999. *1019 F. Montgomery Brown, Cook Brown, Clive, IA, for Ezequiel Gallardo. Luis Herrera, Johnston, IA, for Roberto Gallardo Chavez. Chip J. Lowe, Howe Cunningham & Lowe PLC, Urbandale, IA...
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MEMORANDUM AND ORDER Plaintiff John Turpin suffered workplace injuries while using an engine lathe manufactured by defendant Mori Seiki Co., Ltd., a Japanese corporation, (“MS Ltd.”). He and his wife, plaintiff Christina Turpin, brought this action against MS. Ltd. and its wholly-owned American subsidiary, Mori Seiki USA, Inc. (“MS USA”), for products liability. Pending before this Court ...
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ORDER Currently before this Court is Plaintiffs Tiffany Design, Inc.’s and Grant Gresser’s Motion for Partial Summary Judgment (Doc. # 58) filed on April 23, 1999. An Opposition (Doc. #70) was filed on May 19, 1999, by Defendant Reno-Tahoe Specialty, Inc. Plaintiffs filed a Reply (Doc. # 79) on May 28,1999. I. INTRODUCTION The cityscape of Las Vegas, Nevada, is known through...
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MEMORANDUM DECISION AND ORDER This matter is before the court pursuant to a Joint Motion to Partially Vacate Judgment. A joint memorandum and supporting materials were filed in support of the parties’ motion, and argument was presented at a hearing on June 16, 1999. Novell, Inc. (“Novell”) was represented by Jeffrey J. Hunt and Thomas Karrenberg. Defendants Network Trade Center, Inc. (“NTC”) and ...
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ORDER GRANTING TAG/ICIB SERVICES, INC.S MOTION TO DISMISS ATLANTIC PACIFIC INTERNATIONAL, INC.’S AND A & A CONSOLIDATORS, INC.’S RICO CLAIM IN ITS FIRST AMENDED THIRD-PARTY COMPLAINT The court heard TAG/ICIB Services, Inc.’s Motion to Dismiss on May 18, 1999. Jeffrey S. Portnoy, Esq., and Jeffrey A. LeVee, Esq., appeared at the hearing on behalf of TAG/ICIB Services, Inc.; Timothy J. ...
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61 F. Supp. 2d 1102 (1999) SEA-LAND SERVICE, INC., Plaintiff, v. ATLANTIC PACIFIC INTERNATIONAL, INC.; A & A Consolidators, Inc. Fleming Companies, Inc.; John Does 1-25, Defendants. and Fleming Companies, Inc., Defendant/Third-Party Plaintiff, v. Jack Borja and Heidi L. Borja, Third-Party Defendants, and Atlantic Pacific International, Inc., Defendant/Third-Party Plaintiff, v. Matson Navigati...
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OPINION AND ORDER Petitioner Luis Veras filed a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. On December 1, 1998, I referred this matter to Magistrate Judge Andrew J. Peck, who issued a Report and Recommendation (“the Report”) on March 15, 1999 that recommended the petition be denied. After a request for a 10-day extension, which was granted, the petitioner *202 f...
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55 F. Supp. 2d 1353 (1999) Maris BLINN, Plaintiff, v. SMITH & NEPHEW RICHARDS, INC., Defendant. No. 95-921-Civ-T-17A. United States District Court, M.D. Florida, Tampa Division. July 6, 1999. *1354 Scott Charlton, Clark, Charlton, Martino & Borders, P.A., Tampa, FL, for Maris Blinn, plaintiff. William Donald Cox, Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, FL, James...
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*297 OPINION These appeals from the denial of applications by minors for social security benefits were brought on their behalves by their parents, who are not attorneys. Relying on Second Circuit decisions holding, generally, that non-attorney parents may not represent their children.in litigation, the Commissioner of Social Security (the “government”) argues in both cases th...
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ORDER This matter is before the court on defendant’s motions for summary judgment pursuant to Fed.R.Civ.P. 56 and for sanctions pursuánt to Fed.R.Civ.P. 11. Both parties have briefed the court on their positions; therefore, this matter is ripe for ruling. STATEMENT OF THE CASE This dispute arises out of an employment relationship between plaintiff, Leon Waller (“Waller”), and defendant, Sprint Mid...
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56 F. Supp. 2d 662 (1999) Douglas G. BELCHER, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. Civil Action No. 1:98-0114. United States District Court, S.D. West Virginia. April 28, 1999. *663 *664 Derrick Lefler, Princeton, WV, for plaintiff. Stephen Horn, Charleston, WV, for defendant. MEMORANDUM OPINION FEINBERG, United States Magistrate Judge. This is an action se...
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ORDER INTRODUCTION In this suit, the plaintiff challenges the constitutionality of Washington laws that require a business holding a liquor license to obtain permission from two government offices before the business may provide music or entertainment. The plaintiff has *1134 filed a motion for summary judgment. The Washington State Liquor Control Board 1 has filed a cross motion for summ...
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MEMORANDUM This diversity action, involving a three-car automobile accident with drivers from three states, presents a difficult choice of law problem. The case law instructs that we must apply the state law as if we were a state court, see Erie Railroad v. Tompkins 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938), Instructional Systems, Inc. v. Computer Curriculum Cor...
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43 F. Supp. 2d 1121 (1999) Jack Charles BLOXHAM, Plaintiff, v. MOUNTAIN WEST FARM BUREAU MUTUAL INSURANCE COMPANY, Defendant. No. CV-97-134-GF-RFC. United States District Court, D. Montana, Great Falls Division. March 1, 1999. *1122 *1123 Channing Hartelius, Hartelius, Ferguson, Baker & Kazda, PC, Great Falls, MT, Patrick R. Watt, Jardine, Stephenson, Blewett & Weaver, PC, Great Falls, MT...
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55 F. Supp. 2d 294 (1999) Winsome STEWART, Plaintiff, v. The VILLAGE OF SPRING VALLEY et al., Defendants. No. 98 Civ. 5798(CM). United States District Court, S.D. New York. July 15, 1999. Everett Lewis, Lewis, Greenwald, Clifton, Lewis, P.C., New York City, for Winsome Stewart, plaintiff. Alan I. Lamer, Jay M. Solomon, Law Offices of Alan I. Lamer, Elmsford, NY, for Dom's Towing Inc., defendants....
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54 F. Supp. 2d 1354 (1999) Clarence Edgar MURPHY, Plaintiff, v. GEORGIA POWER COMPANY, et al. Defendants. No. CV 497-182. United States District Court, S.D. Georgia, Savannah Division. May 4, 1999. *1355 *1356 Ralph R. Lorberbaum, Zipperer & Lorberbaum, James F. Shehane, IV, Savannah, GA, for Plaintiff. Hugh B. McNatt, McNatt, Greene & Thompson, Vidalia, GA, Cavender C. Kimble, Leigh Anne...
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OPINION Because the essential nature and effect of this proceeding establish that the State of Illinois is the real party in interest, Defendant’s removal of this case cannot be founded upon diversity of jurisdiction. Accordingly, Plaintiffs motion to remand is allowed. I. BACKGROUND Charles W. Wandling is a resident of the State of Illinois and works for the Illinois Department of Tran...
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58 F.Supp.2d 931 (1999) UNITED STATES of America, Plaintiff, v. Jeronimo TORRES-DEL MURO, Defendant. No. 98-30096. United States District Court, C.D. Illinois, Springfield Division. July 20, 1999. Patricia A. Tomaw, Springfield, IL, for plaintiff. Thomas W. Patton, Springfield, IL, for defendant. OPINION MILLS, District Judge. Is the exclusionary rule available as a remedy for a violation of the...
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60 F. Supp. 2d 655 (1999) Charles MITCHELL, Petitioner, v. Gerald MASON, Respondent. No. 98-71338. United States District Court, E.D. Michigan, Southern Division. July 19, 1999. *656 Rolf E. Berg, Detroit, MI, for Petitioner. Jeffrey W. Caminsky, Detroit, MI, for Respondant. ORDER AND OPINION GRANTING HABEAS CORPUS RELIEF AND REJECTING THE MAGISTRATE'S REPORT AND RECOMMENDATION (DOCKET # 29) TAR...
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MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF’S MOTION TO AMEND THE COMPLAINT Plaintiff brought this action, in which he alleges that he was retaliatorily terminated as Police Director of the New York City Department of Environmental Protection (the “DEP”), against Defendants Stasiuk (the Deputy Commissioner of the DEP) and Miele (Commissioner of the DEP) in their individual capacities. He no...
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MEMORANDUM OPINION AND ORDER Pending is Plaintiff Danbi Kim Martin’s motion for ruling on choice of law. The Court GRANTS the motion insofar as it seeks a ruling, and the Court HOLDS Guam law will apply to this action. I. FACTUAL BACKGROUND On June 22, 1993 insured Jung Lana Martin, Danbi’s mother, obtained a life insurance policy from Defendant John Hancock Mutual Life Insu...
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57 F. Supp. 2d 355 (1999) Mousa I. DABABNAH, Plaintiff, v. WEST VIRGINIA BOARD OF MEDICINE, et al., Defendants. Civil Action No. 5:98-0639. United States District Court, S.D. West Virginia. July 9, 1999. Mousa I. Dababnah, M.D., Beaver, WV, pro se. John C. Yoder, Harpers Ferry, WV, for Mousa I. Dababnah, M.D. Eric A. Collins, Michael W. Blake, Pullin, Knopf, Fowler & Flannagan, Beckley, WV, f...
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MEMORANDUM OPINION AND. ORDER I.' Introduction Pending before the Court is Stephen B. Harper’s Motion to Dismiss. The plaintiff, George Jones, has filed a complaint that seeks declaratory and injunctive relief. The defendant avers that the plaintiffs complaint fails to state a claim upon which relief may be granted. However, as is more fully discussed below, the Court FINDS that unde...
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*446Memorandum Decision Plaintiffs, who are pro se, have for the third time attempted to invoke this Court’s jurisdiction over an action that involves strictly state-law claims arising out of the negotiation and execution of a car lease and the subsequent repossession of the vehicle. Each time plaintiffs, reciting the same litany of facts, have sued the same defendants, and each time plaintiffs’ c...
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ORDER DENYING MOTION TO SUPPRESS Before the court is defendant Timothy G. Tucker’s motion to suppress. The motion was referred to the United States Magistrate Judge for report and recommendation. The magistrate judge’s report was filed May 7, 1999. Defendant has filed objections to the report and the government responded to those objections. The court has reviewed the magistrate judge’s repor...
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OPINION AND ORDER Defendant, Miguel Cruz, a salesman employee of Holsum Bakers, a bread manufacturing and distribution company doing business in Puerto Rico and the Virgin Islands, was charged together with John Blaine and Daniel Cruz, pilot and copilot of the cargo plane chartered 1 by Holsum Bakers, aiding and abetting each other, of transporting two aliens, Walid Qatoum and ...
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MEMORANDUM OPINION AND ORDER Pending are (1) Defendant American Benefit Corporation’s (ABC) motion for attorney fees; and (2) a petition for award of attorney fees filed by Defendant Counter-Claimants Association of Community Mental Health/Mental Retardation Programs of West Virginia Benefit Plan Trust (the Trust) and its Trustees. The Court GRANTS as moulded the Trust’s petition and ...
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56 F. Supp. 2d 674 (1999) Christopher LACK, Plaintiff, v. WAL-MART STORES, INC., et al., Defendants. No. Civ.A. 5:96-0462. United States District Court, S.D. West Virginia, Beckley Division. July 13, 1999. *675 Susan M. Fedorchko and James B. Lees, Jr., Hunt & Lees, Charleston, WV, for plaintiff. Roger A. Wolfe and Kelly L. Mount, Jackson & Kelly, Charleston, WV, for Wal-Mart. Gene W. Bai...
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Upon de novo review this Report and Recommendation is hereby adopted, without opposition; plaintiffs motion is DENIED. This case will be set for a pretrial scheduling conference. So ordered. July 14,1999. REPORT AND RECOMMENDATION WITH REGARD TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION NEIMAN, United States Magistrate Judge. Plaintiff IKON Office Solutions, In...
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OPINION AND ORDER Defendant, Confesor Meléndez, moves to dismiss the indictment against him because of an alleged violation of Fed. R.Crim.P. 5(a). I. On or about April 14, 1999, Immigration and Naturalization Service (“INS”) officials detained Defendant for allegedly attempting to enter the United States in violation of' 8 U.S.C. § 1326(a)(2)(A), (b)(2). 1 The day of Defendant’s detentio...
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54 F. Supp. 2d 1218 (1999) Gustavo GALVEZ-LETONA, Plaintiff, v. Wayne KIRKPATRICK, Acting OIC; Joseph Greene, District Director INS; Janet Reno, U.S. Attorney General, Defendants. No. 2:99-CV-83K. United States District Court, D. Utah, Central Division. July 15, 1999. *1219 *1220 Hakeem Ishola, Todd A. Utzinger, Leonor E. Perretta, Ishola Utzinger & Perretta, Salt Lake City, UT, for Gustavo G...
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OPINION AND ORDER Defendant, Nicholas Peña-González, has been charged with a drug trafficking conspiracy in violation of 21 U.S.C. § 846 (Count I), conspiracy to commit firearms murder in relation to the drug trafficking conspiracy in violation of 18 U.S.C. § 924(o) (Count II), and firearms murder in relation to a drug trafficking offense in violation of 18 U.S.C. §§ 924(j) (Count III...
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ORDER ON MOTION OF DEFENDANTS, EXXON CORP. AND G.E. CAPITAL, FOR JUDGMENT ON THE PLEADINGS Plaintiff, Chris R. Carney, has filed suit against multiple defendants claiming violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681-1681u, and the Tennessee Consumer Protection Act (TCPA), Tenn.Code Ann. §§ 47-18-101 to -121, as well as for negligence, credit card fraud, and conver...
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MEMORANDUM DECISION Plaintiff, Ian R. Cameron, has brought this action under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621, et seq., Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), 42 U.S.C. §§ 2000e et seq., and the Connecticut Fair Employment Practices Act (“CFEPA”), Conn.Gen.Stat. §§ 46a-51 et seq., asserti...
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ORDER AND MEMORANDUM OF DECISION Plaintiff Harold Parks (“Plaintiff’), former City Manager of the City of Brewer, brings this Section 1983 action against Defendants the City of Brewer (“the City”) and Mayor Donna Thornton (“Thornton”), Edward Campbell (“Campbell”), and Janet Cobb (“Cobb”), all City Councilors during Plaintiffs tenure (“Defendants”). Plaintiff alleges that Defendants decli...
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60 F. Supp. 2d 903 (1999) UNITED STATES of America, Plaintiff, v. Seng XIONG, Steve Moua, Amanda Chou and Edward Clark, Defendants. No. 99-CR-42. United States District Court, E.D. Wisconsin. July 15, 1999. *904 Steven Biscupic, U.S. Dept. of Justice, Office of U.S. Atty., Milwaukee, WI, for U.S. Rodney Cubbie, Cubbie & Pepper, Milwaukee, WI, for Xiong. Marvin T. Gross, Gross Law Office, Wauw...
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ORDER Before the Court is defendants’ motion to add Jewelers Mutual Insurance Company (“Jewelers Mutual”) as a party plaintiff in the above titled action. During discovery defendants learned that Jewelers Mutual paid plaintiff $159,447.98 in insurance payments in partial recovery for losses incurred by plaintiff in a burglary occurring on or about January 7, 1998. Plaintiff executed a “Receipt ...
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43 F. Supp. 2d 132 (1999) KIEWIT/ATKINSON/KENNY, Plaintiff, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 103, AFL-CIO, Defendant. No. CIV. A. 97-12281-GAO. United States District Court, D. Massachusetts. March 25, 1999. *133 Richard D. Wayne, Hinckley, Allen & Snyder, Boston, MA, for Kiewit Atkinson Kenny. Ira Sills, Segal, Roitman & Coleman, Boston, MA, for International Bro...
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*959 DECISION AND ORDER This is a patent infringement case arising under Title 35 of the United States Code. Plaintiff Allen-Bradley Company, Inc. charges that the three defendants infringed on its patents of various communications devices. One of the defendants, Equus Technologies, Inc., moves to dismiss the amended complaint pursuant to Fed.R.Civ.P. 12(b)(2) for lack of personal jurisdict...
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60 F. Supp. 2d 1318 (1999) UNITED STATES of America, Plaintiff, v. Clifton Sterling BENNETT, Defendant. No. CR. A. 4:98-CR-0037-7. United States District Court, N.D. Georgia, Rome Division. July 14, 1999. *1319 James W. Kesler, Assistant U.S. Attorney, Atlanta, GA, for plaintiff. Ruth Marks, Mount Berry, GA, for defendant. ORDER HAROLD L. MURPHY, District Judge. This case is before the Court on ...
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MEMORANDUM Plaintiff, an employee of the U.S. Environmental Protection Agency (“EPA”), brings this action against the EPA and the U.S. Office of Government Ethics (“OGE”) seeking declaratory and injunctive relief. Plaintiff desires to address federal agencies, other than the EPA, on behalf of various environmental groups on matters of public concern unrelated to his work for the EPA. Defendan...
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48 F.Supp.2d 52 (1999) Spencer WILLIAMS, et al., Plaintiffs, v. UNITED STATES of America, Defendant. No. CIV. A. 97-3106(JGP). United States District Court, District of Columbia. July 15, 1999. *53 John S. Guttmann, Jr., Beveridge & Diamond, P.C., Washington, DC, Kevin M. Forde, Richard J. Prendegast, Janice R. Forde, Chicago, IL, Plaintiffs. Neil H. Koslowe, U.S. Dept. of Justice, Washington...
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ORDER This case comes on appeal by defendant Brian Christopher Volk from a conviction for driving under the influence of alcohol entered by Magistrate Judge Maria Elena James following a bench trial on September 16, 1998. For the reasons set forth below, the conviction is affirmed. BACKGROUND The following evidence was presented at trial: During the evening of June 8, 1...
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44 F.Supp.2d 835 (1999) UNITED STATES of America, Plaintiff, v. Cynthia L. MARTINEZ, a/k/a Cynthia Lynn Hedum, a/k/a Cynthia M. Lyda, Defendant. No. SA-98-CR-158-OG. United States District Court, W.D. Texas, San Antonio Division. March 10, 1999. Demetrius K. Bivins, Assistant United States Attorney, San Antonio, TX, Jack Stick, Assistant United States Attorney, San Antonio, TX, for U.S. Kurt Gene...
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56 F. Supp. 2d 176 (1999) Bernardo GUILLERMETY MENDEZ, Plaintiff, v. PUERTO RICAN CEMENT CO., INC., Defendant. No. Civ. 98-2138 (JP). United States District Court, D. Puerto Rico. July 19, 1999. *177 *178 Neftali Cruz Perez, Martinez Alvarez, Menendez Cortada & Lefranc Romero, San Juan, PR, for plaintiff. Manuel A. Quilichini Garcia, Totti & Rodriguez Diaz, San Juan, PR, for defendant. O...
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MEMORANDUM AND ORDER This action was tried before me without a jury, and on March 26, 1999, I signed a Memorandum and Order, familiarity with which is presumed, finding for the defendant in all respects. The Employee Retirement Income Security Act of 1974 (ERISA) provides for an award of attorneys’ fees at the court’s discretion. 29 U.S.C. § 1132(g)(1). The Second Circuit has a five-step te...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION This case is before the court on Third-Party Defendant Jenkins Brick Company’s Motion to Strike, or in the Alternative, Motion to Dismiss, or in the Alternative, Motion for Judgment on the Pleadings as to Third Party Complaint and Amendment to Third-Party Complaint (File Doc. 32), filed on June 16, 1999. Jenkins contends that the Third-Party Complain...
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54 F. Supp. 2d 1261 (1999) Amy EARLY, Plaintiff, v. MORRIS NEWSPAPER CORPORATION, Defendants. No. Civ.A. 98-C-719-S. United States District Court, M.D. Alabama, Southern Division. July 1, 1999. *1262 *1263 Charles Michael Quinn, Kyle T. Smith, Gordon, Silberman, Wiggins & Childs, Birmingham, AL, for Amy Early, plaintiff. James Davis Farmer, Gary Clayborn Sherrer, Richard Martin Adams, Farmer,...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ MOTION TO REVIEW STATE HEARING OFFICER’S DECISION BASED ON CLOSED RECORD, DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT, AND GRANTING PLAINTIFFS’ MOTION TO DISMISS DEFENDANTS’ COUNTERCLAIMS ' This is an appeal from an administrative decision rendered by the state review officer of the Michigan Department of Education. Presently before the Co...
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MEMORANDUM OPINION AND ORDER (1) GRANTING CERTAIN DEFENDANTS’ MOTION TO EXCLUDE EXPERT OPINIONS OF EUGENE MEYER, (2) DENYING AS MOOT DEFENDANT PHAR-MACIA & UPJOHN COMPANY’S MOTION TO DISQUALIFY EUGENE MEYER, PH.D. FROM TESTIFYING AGAINST DEFENDANT PHARMACIA & UPJOHN COMPANY, (3) DENYING IN PART AND GRANTING IN PART PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT, (4) GRANTING CERTAIN DEFENDANTS...
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MEMORANDUM OF DECISION AND ORDER In July, 1992, plaintiff, Amanda Andersen, suffered a severe eye injury while playing in her backyard with an allegedly defective batting tee. The injury spawned the present lawsuit wherein Andersen and her parents sued the distributors, sellers 1 , and manufacturer 2 of the batting tee under negligence, products...
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OPINION AND ORDER I. Introduction Plaintiff Ruth Fritsch was employed as an Assistant City Attorney for the City of Chula Vista from 1988 until August of 1997, when she was terminated for refusing to submit to a psychiatric evaluation ordered by Defendant Kaheny, the City Attorney of Chula Vista. At the time of the Plaintiffs termination, Defendant Moore was Senior Assistant City Attorney and D...
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220 F. Supp. 2d 382 (1999) Wade A. BLOOM and Cindy Bloom, Plaintiffs and Counterclaim Defendants, v. The UNITED STATES of America, Defendant and Counterclaim Plaintiff No. Civ.A.1:98-CV-429. United States District Court, M.D. Pennsylvania. July 1, 1999. *383 *384 Gerald J. Williams, Williams & Cuker, Philadelphia, PA, for plaintiffs. Lorna N. Graham, U.S. Attorney's Office, Scranton, PA, R. S...
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ORDER Defendant filed a Motion for Relief from Reporting Requirement of Rule 26(a)(2)(B). [Doc. No. 19-1]. Plaintiff requested that Defendant produce a list of cases in which Defendant’s expert witness, Dr. Sami Fram-jee has testified, as required by Fed.R.Civ.P. 26(c)(2)(B). Defendant maintains that Dr. Framjee does not maintain such a list, that such a list would be costly, difficult, or impos...
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58 F.Supp.2d 874 (1999) BENSDORF & JOHNSON, INC., Plaintiffs, v. NORTHERN TELECOM LIMITED, Defendant. No. 99 C 673. United States District Court, N.D. Illinois, Eastern Division. July 13, 1999. *875 William M. McErlean, Howard L. Teplinsky, Seidler & McErlean, Chicago, IL, for plaintiffs. Roger Pascal, Charles H.R. Peters, Lisa Ann Brown, Schiff, Hardin & Waite, Chicago, IL, for defen...
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ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION RE: ORDER TO SHOW CAUSE WHY IRS SUMMONS SHOULD NOT BE ENFORCED The Court has received Magistrate Judge Laporte’s Report and Recommendation Re: Order to Show Cause Why IRS Summons should not be Enforced. No objections to the report were filed. The Court has reviewed the Report and Recommendation de novo and finds th...
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION The plaintiffs’ motion for preliminary injunction came before the Court for oral argument on November 17, 1998 and July 1, 1999. After reviewing and considering the materials submitted by the parties and hearing oral argument, the Court grants in part and denies in part the motion for preliminary inju...
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AMENDED ORDER DENYING PLAINTIFFS’ EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER I. Introduction Plaintiffs, makers of various popular computer software titles, commenced this action for copyright infringement under Section 106 of the Copyright Act of 1976, 17 U.S.C. §§ 106, 501(b). Plaintiffs accuse a local business, Defendant South Sun Products, Inc., of making and using unauthorized co...
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ORDER GRANTING QUALCOMM’S MOTION FOR PARTIAL SUMMARY JUDGMENT This matter comes before the Court on motion by Plaintiff Qualcomm for partial summary judgment on the issue of the liability of Defendants Motorola and Safeco Insurance Company of America on the temporary restraining order (“TRO”) bond. The Court has received and considered Qualcomm’s motion. Motorola’s opposition, Safeco’s joinder to...
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80 F. Supp. 2d 682 (1999) UNITED STATES (IRS), Plaintiff, v. Dennis C. & Bernice M. GATES, Defendants. Civil Action No. H-98-0341. United States District Court, S.D. Texas, Houston Division. July 1, 1999. Manuel P. Lena, Jr., Dept. of Justice, Tax Division, Dallas, TX, for United States (IRS), plaintiff. Teresa Jean Womack, Redding and Associates, Houston, TX, for Dennis C. Gates, Bernice M. ...
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MEMORANDUM ORDER The one-count indictment in this case charges defendant Donald Bailey with violating 8 U.S.C. § 1326 by illegally reentering the United States in 1998 after having been deported in 1996 subsequent to being convicted of an aggravated felony. A prior valid deportation of defendant is an essential element of this offense. United States v. Fares, 978 F.2d 52, 56 (2d Cir.1992). ...
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MEMORANDUM-DECISION AND ORDER Plaintiffs, Diane Puricelli and Charles Hughes, jointly filed suit against their former employer, defendant CNA, seeking relief for alleged violations of the Age Discrimination in Employment Act of 1967 (ADEA), the New York State Human Rights Law, and intentional infliction of emotional distress. Defendant now moves this court pursuant to Fed.R.Civ.P. 20(a) and 21 ...
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OPINION On September 24,1998, petitioner filed a “Writ of Habeas Corpus Motion under 28 § 2241.” This “motion” was assigned to the Honorable Nancy G. Edmunds. On November 19,1998, the government filed a response. On June 7, 1999, Judge Edmunds issued an Opinion and Order construing petitioner’s “Writ of Habeas Corpus Motion,” brought pursuant to 28 U.S.C. § 2241, as a motion to vacate sente...
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MEMORANDUM Plaintiff EMC Corp. (“EMC”) produces and sells “enterprise storage systems,” which are expensive computer systems that catalog and store computer data from different, incompatible computers and networks. Defendant Hewlett-Packard Co. (“HP”) is a leading supplier of computers. In 1995, Plaintiff EMC agreed to allow Defendant HP to sell EMC’s enterprise storage system pr...
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MEMORANDUM AND ORDER On April 26, 1999, the Petitioner, Daniel Tavares (“Tavares”), filed his self-prepared Petition for Writ of Error Coram nobis, seeking the imposition of a state sentence in connection with 14 separate cases placed on file by the Commonwealth of Massachusetts in 1988. Tavares claims that the actual imposition of sentences by the Massachusetts district co...
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MEMORANDUM AND ORDER I. Introduction The plaintiff, Macarthur Denson (“Den-son”), a practicing Muslim, is a state prison inmate housed at the Cedar Junction Massachusetts Correctional Institution in Walpole (“Cedar Junction”). Denson, brings this civil rights action against Cedar Junction Superintendent John Marshall, Jr. (“Marshall”) and Cedar Junction Deputy Superintendent Mark Powers (...
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ORDER RE: DEFENDANT’S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW OR, IN THE ALTERNATIVE, MOTION FOR NEW TRIAL (DOCKET 119) Defendant has filed a renewed motion for judgment as a matter of law pursuant to Fed.R.Civ.P. 50(b) or, in the alternative, a motion for a new trial pursuant to Fed. R.Civ.P. 59. The Court DENIES the motion (Docket No. 119). The primary argumen...
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60 F. Supp. 2d 502 (1999) R.J. REYNOLDS TOBACCO COMPANY, Plaintiff, v. PHILIP MORRIS INCORPORATED, Defendant. Lorillard Tobacco Company, Plaintiff, v. Philip Morris Incorporated, Defendant. Brown & Williamson Tobacco Corporation, Plaintiff, v. Philip Morris Incorporated, Defendant. Nos. Civ. 1:99CV00185, Civ. 1:99CV00207 and Civ. 1:99CV00232. United States District Court, M.D. North Carolina....
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*35 OPINION AND ORDER The matters before the court are 1) the notice of appeal by Burt & Gordon, P.C. and Robert G. Burt from the final order of the United States Bankruptcy Court for the District of Oregon filed on January 26, 1999 approving a settlement agreement between the Trustee and the State of Oregon (# 199); 2) the trustee’s motion for attorney fees and costs (# 220); an...
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OPINION AND ORDER Plaintiff Gidatex, S.r.L. (“Gidatex”) filed this suit against Defendants Campaniello Imports, Ltd., Campaniello Imports of *346 Florida, Ltd., and Campaniello Enterprises, Inc. (collectively “Campaniello”) in 1997, alleging violations of the Lanham Act, 15 U.S.C. §§ 1114(1) and 1125(a), common law trademark infringement, and common law unfair competition. Campan-iello, in ...
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ORDER This Order resolves the motion of Delta Airlines, Inc. (Delta) for summary judgment [Doc. No. 12] and the motion of Kathy Weaver for partial summary judgment [Doc. No. 17]. BACKGROUND In this action arising under the Warsaw Convention, Weaver seeks compensation for injuries received as a passenger on a Delta flight from London to Billings on November 7,1996. In that flight, mechanical...
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45 F.Supp.2d 144 (1999) David ROWE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. Civ.A. 98-11511-GAO. United States District Court, D. Massachusetts. April 30, 1999. MEMORANDUM AND ORDER O'TOOLE, District Judge. Pro se petitioner David Rowe, an alien currently in the custody of the Immigration and Naturalization Service ("INS"), seeks a writ of habeas corpus pursuant to...
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OPINION AND ORDER Defendant, Nicholas Peña-González, has been charged with a drug trafficking conspiracy in violation of 21 U.S.C. § 846 *368 (Count I), conspiracy to commit firearms murder in relation to the drug trafficking conspiracy in violation of 18 U.S.C. § 924(o) (Count II), and firearms murder in relation to a drug trafficking offense in violation of 18 U.S.C. § ...
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MEMORANDUM OPINION AND ORDER In the above-styled action, there are two matters currently before the Court. The first matter is defendant’s motion to compel arbitration [Record No. 7], Plaintiff has responded to this motion [Record No. 15], to which defendant has replied [Record No. 20]. The second matter is plaintiffs motion to remand the above-styled action to the Franklin Circuit Co...
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ORDER AND REASONS Before the court are several motions, including a Motion to Dismiss, filed by defendant Chrysler Financial Corporation (Doc. # 309); a Motion to Strike Jury Demand, filed by defendant Chrysler Financial Corporation (Doc. #313); a Motion for Reconsideration, filed by plaintiffs Westside-Marrero Jeep Eagle, Inc., Walter Stubbs, and Kathleen Stubbs (Doc. # 341); a Motio...
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58 F.Supp.2d 325 (1999) Florence MORTON, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. No. 2:97-CV-279. United States District Court, D. Vermont. June 30, 1999. *326 John Carl Holler, Hull, Webber & Reis, Rutland, VT, for Florence Morton, plaintiff. Robert D Rachlin, Downs, Rachlin & Martin, P.C., Burlington, VT, David William Gartenstein, Downs Rachlin & Martin, Brattleboro, V...
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OPINION AND ORDER Plaintiff Alberta Dubee (“Dubee”) filed this lawsuit on August 19, 1998 against William Henderson (“Henderson”), United States Postmaster General, alleging various claims arising out of her employment with the U.S. Postal Service. Henderson filed a Motion to Dismiss (paper 5) pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons cited below, the Court hereby DENIES the Moti...
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58 F.Supp.2d 315 (1999) BEN & JERRY'S HOMEMADE, INC., Plaintiff, v. KLLM, INC., Defendant. No. 2:98-CV-416. United States District Court, D. Vermont. May 28, 1999. *316 Craig S. Nolan, Dinse, Knapp & McAndrew, P.C., Burlington, VT, for Ben & Jerry's Homemade, Incorporated, plaintiff. Edward Alan Miller, Jr, Northfield, VT, John T. Husk, Law Office of Seaton and Husk, L.P., Falls Churc...
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47 F. Supp. 2d 546 (1999) P. SCHOENFELD ASSET MANAGEMENT LLC, on behalf of itself and all others similarly situated, Plaintiff, v. CENDANT CORP., Walter A. Forbes, E. Kirk Shelton, Cosmo Corigliano, Christopher Mc Leod and Ernst & Young, LLP, Defendants. George Semerenko, on behalf of himself and all others similarly situated, Plaintiff, v. Cendant Corp., Walter A. Forbes, E. Kirk Shelton, Co...
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ORDER ON PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S JURY DEMAND Plaintiff filed this action in Tennessee state court, alleging that defendant breached its contractual obligations by failing to provide payment for plaintiffs services under a master service agreement and supplemental contract. Defendant removed the action pursuant to 28 U.S.C. § 1441 and filed a counterclaim alleging breach of cont...
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58 F.Supp.2d 319 (1999) Alison D. GRIEVE, fka Alison D. Suchoski, Plaintiff, v. GENERAL AMERICAN LIFE INSURANCE COMPANY and Integrity Life Insurance Company, Defendants. No. 2:98-CV-57. United States District Court, D. Vermont. June 8, 1999. *320 Michael J. Harris, Sutherland, Collins, McMahon & Harris, Inc., Burlington, VT, for plaintiff. James W. Coffrin, Pierson, Wadhams, Quinn & Yates...
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FINDINGS OF FACT AND CONCLUSIONS OF ■ ■ LAW In this lawsuit alleging reverse racial discrimination in a failure-to-hire case, the parties seek a ruling in limine on two issues: 1) whether Plaintiff Beth Walter Honadle would be entitled to instatement in the position she sought should she prevail on her discrimination claims; and 2) whether, if the jury concludes ...
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ORDER CAME ON FOR CONSIDERATION the above-styled and numbered civil action, the court having heretofore ordered that this matter be referred to the Honorable Earl S. Hines, United States Magistrate Judge at Beaumont, Texas, for proper consideration pursuant to applicable laws and orders of this court. The court has received and considered the Report of the United States Magistrate Judge filed p...
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AMENDED ORDER. Before the court is the plan defendants’ motion for summary adjudication. The plan defendants assert that the Employee Retirement Income Security Act of 1974 (ERISA), 29 USC § 1001 et seq, preempts California’s Unclaimed Property Law (UPL), CCP § 1500 et seq, as applied to certain funds held by plaintiff. These funds are held with respect to missing participants in the Pens...
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ORDER GRANTING MOTION TO STAY PENDING ARBITRATION I. Introduction The Court considers whether it should stay or dismiss the case pending before it based on the arbitration provision contained in the contract between Plaintiff and Defendant. In short, the Court decides the arbitrability of the case. II. Background Plaintiff is Ken Bosinger (“Bosinger”), the sole owner of K-T...
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51 F. Supp. 2d 1347 (1999) SHANNON R. GINN CONSTRUCTION COMPANY and Shannon R. Ginn, Plaintiffs, v. RELIANCE INSURANCE COMPANY, Defendant. No. 98-8196-Civ. United States District Court, S.D. Florida. March 17, 1999. *1348 Jon D. Derrevere, Derrevere & Associates, West Palm Beach, FL, for plaintiffs. W. Frank Greenleaf, Welbaum, Guernsey, Hingston, Greenleaf & Gregory, Miami, FL, for defen...
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78 F. Supp. 2d 1298 (1999) Joyce SUBER, Plaintiff, v. SEMINOLE COUNTY, FLORIDA, Defendant. No. 97-907-CIV-ORL-22A. United States District Court, M.D. Florida, Orlando Division. March 17, 1999. *1299 John V. Head, John V. Head, P.A., Orlando, FL, for Plaintiff. David V. Kornreich, Jeffrey E. Mandel, Teresa A. Herrmann, Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick, P.A., Orlan...
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MEMORANDUM OPINION I. Introduction This Chapter 7 Bankruptcy matter comes before the court on Debtor Ford T. Johnson’s appeal of an April 6, 1998 Order denying his Motion to Ater or Amend Order Denying Rule 9011 Sanctions (“Motion to Ater or Amend”). This is an appeal which now follows final judgment in a bankruptcy case, and this court has jurisdiction to entertain this appeal p...
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MEMORANDUM OPINION AND ORDER At issue before the court is The Magic Touch GmbH’s (“TMT-GmbH”) (“Mov-ant”) Motion for an Order to Show Cause and for an Order of Contempt and Sanctions, as against Third-Party Defendant Robert Kaminsky (“Kaminsky”) (“Respondent”) et. al. 1 FACTUAL BACKGROUND This case arose as a result of a dispute between TMT-GmbH, a global distrib...
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MEMORANDUM Isaiah Feaster has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1995), amended, by Antiter-rorism and Effective Death Penalty Act of 1996 (herein AEDPA), Pub.L. No. 104-132, Title I, § 104, 110 Stat. 1218. He alleges a multitude of claims stemming from his 1978 convictions for rape and assault and battery. The government argues that this petition, th...
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58 F.Supp.2d 890 (1999) Robert Anthony JOHNSON by and on behalf of himself and Robert Jamal Johnson, a minor, and Jamir Malik Johnson, a minor, Plaintiffs, v. Charlene COLLINS, Pamela Mannie, and Unknown Wisconsin Investigators, Defendants. No. 98 C 3516. United States District Court, N.D. Illinois, Eastern Division. July 22, 1999. *891 *892 *893 Robert A. Johnson, Kenosha, WI, for plaintiffs. Ch...
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ORDER GRANTING REFERRAL TO THE FEDERAL COMMUNICATIONS COMMISSION AND IMPOSING A STAY ON RELATED PROCEEDINGS On June 21, 1999, two motions came on for regular hearing before this Court: Plaintiffs’ motion for a preliminary injunction; and Defendants’ cross motion for referral of this action to the Federal Communications Commission. Having considered the moving, opposition, and reply papers...
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ORDER BACKGROUND: On April 12, 1999, petitioner Michael Edwards commenced this action with the filing of a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Edwards alleged that he was subject to a deportation order entered on January 14, 1999. He was detained thereafter, and a bond was denied on February 2, 1999, when an immigration judge determined that Edw...
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OPINION ON SUMMARY JUDGMENT 1. Introduction. An oil company hired contractors to design, transport, and install a production platform offshore of Louisiana. During installation, the platform capsized. The oil company has sued to recover its losses from delayed production; however, it may not recover its consequential losses under maritime law or its contract. 2. Background. Agip Petro...
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60 F. Supp. 2d 589 (1999) Ronny C. ALLISON, et al., Plaintiff, v. CITY OF FORT WORTH, TEXAS, Defendant. No. 4:98-CV-646-A. United States District Court, N.D. Texas, Fort Worth Division. July 22, 1999. *590 *591 Barry Stuart Zisman, Attorney at Law, Mark Douglas Perdue, Attorney at Law, Jeffrey C Poster, Attorney at Law, Zisman Law Office, Dallas, TX, for plaintiffs. Gary L. Ingram, Attorney at La...
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PROCEEDINGS: (1) PLAINTIFFS’ MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES RE THE MANNER OF PRODUCTION OF DOCUMENTS AND FOR ATTORNEY’S FEES AND DEFENDANTS’ REQUEST FOR ATTORNEY’S FEES; AND (2) DEFENDANTS’ MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS On March 5, 1999, plaintiffs filed a notice of motion and motion to compel further responses to interr...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendant’s Motion for Summary Judgment. For the reasons stated below, Defendant’s Motion for Summary Judgment (Document # 17) is GRANTED. Plaintiffs federal law claims, and Ohio Rev. Code § 4112 claim, are DISMISSED. Plaintiffs state law claim under Ohio Rev. Code § 4123.90 is REMANDED to the state court for further proce...
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MEMORANDUM OPINION AND ORDER This matter is before the Court upon Defendant Francosteel Corporation’s (hereinafter “Francosteel”) Motion for Summary Judgment (Document # 11) against Plaintiff Liberty Steel Products, Inc. (hereinafter “Liberty Steel”), which was filed with the Court on January 11, 1999. Plaintiff filed its Brief in Opposition on February 11, 1999. Thereafter, on Februa...
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42 F. Supp. 2d 1380 (1999) Rey David VARGAS, Petitioner, v. Johnny SIKES, Respondent. No. Civ.A. 1:98-CV-651-TWT. United States District Court, N.D. Georgia, Atlanta Division. April 6, 1999. *1381 Rey David Vargas, Reidsville, GA, pro se. Paula K. Smith, Herman Maddox Kilgore, Office of State Attorney General, Atlanta, GA, for respondent. ORDER THRASH, District Judge. This is a pro se habeas cor...
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DECISION AND ORDER In their First Amendment Complaint (“Amended Complaint”), Plaintiffs Minds-Eye-View, Inc. (“MEV”) and Ford Oxaal (“Oxaal”), the President of MEY, allege six claims against Defendant Interactive Pictures Corporation (“IPIX”) arising out of alleged misuse of trade secrets which Plaintiffs provided to the Defendant. The claims, in order, are (1) breach of contract, (2)...
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MEMORANDUM OPINION AND ORDER I. This matter is before the Court on Defendant Afolabi AMnsola’s Motion to Dismiss the Indictment because of the government’s alleged violation of his right to a Speedy Trial, as guaranteed by the Sixth Amendment of the United States Constitution. For the reasons set forth below, the Court is constrained to find that Defendant was indeed deprived of his Sixth...
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OPINION This matter was tried without a jury before this Court on November 24, 1998. 1 For the reasons set forth below, the Court finds that the Defendant Scott Paper Company (“Scott”), is liable for $2,035,000. Furthermore, the Court finds that Scott is not liable for pre-judgment interest on this award. I. Background In the Fall of 1992 the tug McAlliste...
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58 F.Supp.2d 349 (1999) MOTOROLA INC., Plaintiff, v. PC-TEL, INC., and Altocom Inc., Defendants. Pc-Tel, Inc., Counter-Claimant, v. Motorola Inc., Counter-Defendant. Civil Action No. 98-598-GMS. United States District Court, D. Delaware. July 12, 1999. *350 Jack B. Blumenfeld of Morris, Nichols, Arsht & Tunnell, Wilmington, DE, of counsel: Herbert F. Schwartz, Robert C. Morgan, Mark H. Bloomb...
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MEMORANDUM OPINION AND ORDER The plaintiffs filed a master consumer class action complaint against defendants Knoll Pharmaceutical Co., BASF Corporation, The Boots Company PLC, and individual defendants alleging federal and state claims relating to the marketing and sale of the drug Synthroid. The plaintiffs move to certify a class of consumers in the United States who purchased Synthroid from ...
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MEMORANDUM OPINION AND ORDER The plaintiffs, third party payers, sued the defendants, Knoll Pharmaceutical Co. [“Knoll”], BASF Corporation [“BASF”], Boots Pharmaceuticals, Inc. [“Boots”], and individual defendants alleging federal and state claims relating to the marketing and sale of the drug Synthroid. The plaintiffs move to certify a class of all insurance providers and other third party pay...
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MEMORANDUM Three named plaintiffs bring this action on behalf of a proposed class against a vocational school and its parent company for fraudulently misrepresenting to the students the education they would receive. Jurisdiction is predicated on the Racketeer Influenced and Corrupt Organization Act (“RICO”), 18 U.S.C. § 1964 and 28' U.S.C. § 1331. Plaintiffs also assert pendent causes of action...
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MEMORANDUM & ORDER The third-party defendants move for summary judgment, arguing that there is no basis for the respondeat superior liability asserted by third-party plaintiffs. As the court agrees that the third-party plaintiffs have not produced facts from which a reasonable fact finder could conclude that an agency or ostensible agency relationship exists, the third-part...
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*909 ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION The Court has received Magistrate Judge Laporte’s Report and Recommendation filed May 13, 1999. No objections to the report were filed. The Court has reviewed the Report and Recommendation de novo and finds the Report correct, well-reasoned and thorough, and adopts it in every respect. Accordingly, IT IS HEREBY ORDERED that ...
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MEMORANDUM AND ORDER According to the complaint, plaintiff has a reason to be exercised — Book of the Month Club has not recognized that he is no longer a member, it keeps sending him books he did not ask for and does not want, and a collection agency is dunning him for payment for those books. But that is not what the present motion is all about. The motion is for judgment on the pleadings w...
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ORDER GRANTING SUMMARY JUDGMENT THIS MATTER came before the Court based upon cross motions for summary judgment. The plaintiffs were represented by Timothy W. Durkop and Michael D. Kinkley; the defendant by Michael J. Beyer. BACKGROUND Diane Bohnet and Percy Watkins allege Peterson Enterprises, Inc. violated the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692o, the Wa...
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MEMORANDUM OPINION AND ORDER Defendants United States of America and Kirk Voich Gist, Inc. have separately moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiffs Katie M. Bragg, Richard Lamar Bragg and Candice Bragg Walters have responded in opposition to the motions and the court, having considered the parties’ memoranda of authorities, tog...
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MEMORANDUM OPINION AND ORDER This cause is before the court on separate motions by defendants City of Biloxi and Warren Newman and by defendant City of Meridian for summary judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiffs have responded in opposition to both motions. The court, having considered the memoranda and attachments of the parties, concludes that defendants’ motion...
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MEMORANDUM OPINION AND ORDER This cause is before the court on motion of counter-defendants Aquaklear, Inc., Grady A. Tucker, Jr. and Marty Tittlebaum to dismiss certain allegations by counter-plaintiff Mo-Dad-1, Inc. (Mo-Dad) for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Counter-plaintiff Mo-Dad has responded in opposition. 1 The court,...
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58 F.Supp.2d 729 (1999) Curtis L. ADDISON, Jr., d/b/a Addison Auto Body Repair, v. ALLSTATE INSURANCE COMPANY, an Illinois Corporation, and Dennis Dyse Civil Action No. 399CV150LN. United States District Court, S.D. Mississippi, Jackson Division. June 3, 1999. *730 *731 Bob Owens, Rajita M. Iyer, Owens Law Firm, Jackson, Barry H. Powell, Jackson, MS, for Plaintiff. William C. Griffin, Trent L. Wa...
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MEMORANDUM OPINION Presently before the Court is the issue of whether the defendants and intervening counterclaim plaintiffs or their predecessors in interest had actual notice of the flat fifty-foot easement depicted on P.W.D. D9-1330-T77 ("Map D9-1330-T77") more than twenty years prior to the date on which defendants Andrew and Joy Stillman filed their counterclaim in the instant action. I. BACK...
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OPINION & ORDER I. Introduction and Background The Court has before it the Parties Motion Requesting the Courts Assistance in Aid of its Jurisdiction (docket No. 105), Motion to Quash Subpoenas on Federal Bureau of Investigation (docket No. 106), Motion to Quash Subpoena Served on AUSA Jorge Vega-Pacheco (docket No. 107), Motion to Quash Subpoena Served on USA Guillermo Gil and AUSA Jorge Vega-...
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ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS Before the court are the motions of defendant, Bayside First Mortgage, Inc., and defendant, First Plus Financial, Inc., to dismiss the action for lack of subject matter jurisdiction. For the following reasons, defendants’ motions are granted. I. Background Facts On or about August 17, 1996, Plaintiff obtained a home mortgage loan...
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44 F.Supp.2d 792 (1999) Joseph DAVIS v. Burl CAIN, Warden. No. Civ.A. 98-1272. United States District Court, E.D. Louisiana. March 3, 1999. *793 Joseph Davis, Louisiana State Penitentiary, Angola, LA, pro se. Charles Edwin F. Heuer, District Attorney's Office, New Orleans, LA, for Burl Cain, for defendant. ORDER AND REASONS PORTEOUS, District Judge. Before the Court is a petition by Joseph Davis...
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54 F. Supp. 2d 85 (1999) Michael HURLEY, Plaintiff, v. MODERN CONTINENTAL CONSTRUCTION COMPANY, INC., Charles Madden, Individually and as Senior Vice President of Modern Continental Construction Company, Inc., Defendants. No. Civ.A. 94-11373-RBC.[1] United States District Court, D. Massachusetts. July 19, 1999. *86 Ellen J. Messing, Messing & Rudavsky, PC, Boston, MA, for Michael Hurley, plai...
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ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT This is a personal injury case arising under the Jones Act, 46 U.S.CApp. § 688 et seq. and general maritime law. Plaintiff allegedly suffered an injury on February 23, 1995 while serving aboard the MTV GULF KING 55. He filed this claim against Defendants on February 19, 1998. Now before the Court are Motions for Summary ...
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58 F.Supp.2d 882 (1999) Daniel ALVAREZ, Petitioner, v. William D. O'SULLIVAN, Respondent. No. 98 C 8338. United States District Court, N.D. Illinois, Eastern Division. July 16, 1999. *883 MEMORANDUM OPINION AND ORDER CASTILLO, District Judge. Daniel Alvarez petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Following a jury trial, Alvarez was convicted of attempted ...
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52 F. Supp. 2d 1 (1999) EAGLE HEALTHCARE, INC., Plaintiff, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant. Civil Action No. 97-2562(TAF). United States District Court, District of Columbia. June 2, 1999. *2 Ronald N. Sutter, Christopher L. Keough, Powers, Pyles, Sutter & Verville, P.C., Washington, DC, for plaintiffs. Lena Robins, Department of Health and H...
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57 F. Supp. 2d 396 (1999) Lane McNAMARA, et al., Plaintiffs, v. BRE-X MINERALS LTD., et al., Defendants. No. 5-97CV-159. United States District Court, E.D. Texas, Texarkana Division. July 13, 1999. *397 *398 *399 *400 *401 H. Lee Godfrey, Charles Robert Eskridge, III, Susman Godfrey LLP, Houston, TX, Damon Young, Young & Pickett, Texarkana, TX, Michael C. Spencer, U. Seth Ottensoser, Milberg ...
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42 F. Supp. 2d 660 (1999) TEXAS INSTRUMENTS, INC., Plaintiff, v. HYUNDAI ELECTRONICS INDUSTRIES, CO. LTD., Hyundai Electronics America, Inc., and Hyundai Semiconductor America, Inc., Defendants. Nos. 2:98CV73 TH, 2:98CV74 TH, 2:98CV77 TH, 2:98CV223 TH, 2:98CV224 TH, 2:98CV225 TH and 2:99CV1 TH. United States District Court, E.D. Texas, Marshall Division. February 4, 1999. *661 *662 Kenneth Robert...
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56 F. Supp. 2d 1160 (1999) Son Thai HUYNH, Petitioner, v. Janet RENO; United States Immigration and Naturalization Service; and Richard C. Smith, Respondents. No. C99-177C. United States District Court, W.D. Washington, at Seattle. July 9, 1999. Jay Warren Stansell, Jennifer Wellman, Federal Public Defender's Office, Ann E Benson, Northwest Immigrant Rights Project, Aaron Caplan, American Civil L...
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ORDER I. Background This Order applies the legal framework set forth in the Joint Order 1 to the facts of petitioner Phan’s case. Petitioner Binh Phan is a 27-year-old native and citizen of Vietnam. He entered the United States in 1984, and became a lawful permanent resident in 1986. His first criminal conviction occurred in 1991, for possession of stolen *1159 property. Between 1992 and ...
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*1020 ORDER: (1) GRANTING IN PART AND DENYING IN PART MITSUI TRUST’S MOTION FOR A DETERMINATION THAT MITSUI TRUST IS NOT REQUIRED TO ARBITRATE AND CANNOT BE BOUND BY ANY AWARD RESULTING FROM ARBITRATION BETWEEN UNITED STATES PACIFIC BUILDERS AND ALOHA TOWER ASSOCIATES PIERS 7, 8, AND 9 LIMITED PARTNERSHIP; (2) DENYING UNITED STATES PACIFIC BUILDERS’ COUNTER MOTION FOR PARTIAL SUMMARY J...
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58 F.Supp.2d 1153 (1999) UNITED STATES of America, Plaintiff, v. Richard Lee Tuk CHONG, Defendant. No. CR 98-416 ACK. United States District Court, D. Hawaii. March 22, 1999. *1154 Michael A. Weight, Office of the Federal Public Defenders, Honolulu, HI, Marcia A. Morrissey, Santa Monica, CA, for defendant. Larry L. Butrick, Office of U.S. Atty., Honolulu, HI, for Plaintiff. ORDER DENYING DEFENDA...
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57 F. Supp. 2d 1028 (1999) Michael R. COULTER, Plaintiff, v. Margery S. BRONSTER, et al., Defendants. No. Civ. 98-00343 ACK. United States District Court, D. Hawaii. May 25, 1999. *1029 *1030 Michael R. Coulter, Haleiwa, HI, plaintiff pro se. Pamela Keiko Matsukawa, Office of the Attorney General — State of Hawaii, Honolulu, HI, for Margery S. Bronster, Howard Gehring, Steven Thompson, Dept. of L...
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FINDINGS OF FACT & CONCLUSIONS OF LAW This case involves the Plaintiff, U.S. West Communications, Inc., and the other parties’ efforts to challenge certain interconnection agreements approved by the Colorado Public Utilities Commission pursuant to the Telecommunications Act of 1996 (hereinafter “Telco Act”). The Telco Act fundamentally restructured local telephone markets, ending the mono...
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57 F. Supp. 2d 1039 (1999) ALLSTATE INSURANCE COMPANY, Plaintiff, v. Kane K. HUI, et al., Defendants. No. Civ. 98-507 ACK. United States District Court, D. Hawaii. July 6, 1999. *1040 Stacey M. Robinson, McCorriston Miho Miller & Mukai, Honolulu, HI, for Allstate Insurance Company, plaintiff. Wayne P. Nasser, Ashford & Wriston, Honolulu, HI, for Kane S. HUI, defendant. Wayne P. Nasser, Wa...
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44 F.Supp.2d 395 (1999) ZAK L., by his parents and next friends TRACY L. and Janann L., Plaintiffs, v. CAMBRIDGE SCHOOL COMMITTEE; Mayor Francis H. Duehay, Chairman; Cambridge School Department; and Bobbie D'Alessandro, Superintendent, Defendants. Civil Action No. 98-10277-GAO. United States District Court, D. Massachusetts. March 31, 1999. *396 Mark D. Stern, Law Office of Mark D. Stern, PC, Som...
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44 F.Supp.2d 386 (1999) Emory G. SNELL, Plaintiff, v. John F. DeMELLO, Sheriff; James Fredricks, Superintendent; Larry Dubois, Commissioner; and Mark Thompson, Lt. Winniekein, Lt. Semprini, and John Awalt, Section Officers, Defendants. Civil Action No. 95-12513-GAO. United States District Court, D. Massachusetts. March 31, 1999. *387 *388 Emory G. Snell, Jr., South Walpole, MA, for plaintiff. Rob...
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OPINION AND ORDER This is an action under 42 U.S.C. § 1983 based on allegations of violations of constitutional rights protected by the United States Constitution. Plaintiff, Carlos A. Romero, Jr., is an attorney admitted to practice in the Commonwealth of Puerto Rico. He is a member of the Colegio de Abogados de Puerto Rico (“the Colegio”), as the Puerto Rico Bar Association is known in ...
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44 F.Supp.2d 942 (1999) STEWART TITLE COMPANY OF MEMPHIS and Stewart Title Guaranty Company, Plaintiffs, v. FIRST AMERICAN TITLE INSURANCE COMPANY and Mississippi Valley Insurance Company, Defendants. No. 96-2876 ML/V. United States District Court, W.D. Tennessee, Western Division. March 25, 1999. *943 *944 Tim Edwards, Glassman Jeter Edwards & Wade, P.C., Rebecca Adelman, Glassman Jeter Edwa...
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*1151 JOINT ORDER INTRODUCTION More than one hundred habeas corpus petitions are currently pending in the Western District of Washington wherein aliens ordered deported to countries that have refused them admittance challenge the legality of their continued detention by the Immigration and Naturalization Service (INS). In an order dated April 22, 1999, the undersigned judges...
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MEMORANDUM Presently before the court is the motion of defendant ITT Hartford Groups, Inc. (“Hartford”) for summary judgment (Document No. 22) pursuant to Federal Rule of Civil Procedure 56(e), the memorandum of plaintiffs in opposition thereto (Document No. 23) and the reply of Hartford (Document No. 25). Based on the following *582 analysis, the motion of Hartford will ...
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55 F. Supp. 2d 994 (1999) B. Jean WEBB, Plaintiff, v. CITY OF REPUBLIC, MISSOURI, Defendant. No. 98-3306-CV-S-RGC-ECF. United States District Court, W.D. Missouri, Southern Division. July 9, 1999. *995 Stephen D. Bonney, Kansas City, MO, for plaintiff. James M. Kelly, Republic, MO, David R. Huggins, Memphis, TN, for defendant. ORDER AND INJUNCTION RUSSELL G. CLARK, Senior District Judge. On July...
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MEMORANDUM AND ORDER I. INTRODUCTION On February 25, 1998, a four count indictment was returned by a federal grand jury charging Alfredo Ribot (“Ribot”) with embezzlement in violation of 18 U.S.C. § 666(a)(1)(A) and 18 U.S.C. § 2 (Court 1), and with income tax evasion in violation of 26 U.S.C. § 7201 (Counts 2-4). The embezzlement charge alleges that Ribot wrongfully took $193,09...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on the Motion for Protective Order filed by Plaintiff Vicki L. Jones. (Docket no. 9.) Defendants have responded in opposition to the motion, and Plaintiff has filed a reply. Plaintiffs motion is ready for a ruling. DISCUSSION Plaintiff, a white female, filed suit against Defendants on September 17, 1998 alleging that they terminated ...
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ORDER ON PETITION FOR WRIT OF HABEAS CORPUS This is a petition for a writ of habeas corpus by Khamsaene Sivongxay, an alien held indefinitely by the Immigration and Naturalization Service (INS) for deportation but undeportable because his country of origin refuses to receive him. Sivongxay’s amended petition named the INS as the sole respondent, but the Attorney General and the INS Distri...
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*136 MEMORANDUM REGARDING DEFENDANTS’ MOTION TO DISMISS OR IN THE ALTERNATIVE TO TRANSFER VENUE, AND PLAINTIFF’S MOTION TO TAKE DISCOVERY (Docket Nos. 6, 11) I. INTRODUCTION This ease arises out of the defendants’ refusal to make final payments of approximately $400,000 for machinery they ordered from plaintiff. Defendants, non-Massachusetts businesses, move...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION The above-entitled matters came on for hearing before the undersigned United *800 States District Judge pursuant to the Defendants’ Motion for the Entry of Judgment of Acquittal. See 28 U.S.C. § 636(a)(3); 18 U.S.C. § 3401(a) and (b). For the following reasons, Defendants’ motion is granted in part and denied in part. II. BACKGROUND Defenda...
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ORDER Plaintiffs are Missouri prisoners who were transferred from Missouri state-penal institutions to a penal institution in Brazoria County, Texas. Their transfer and confinement was done pursuant to a contract between the State of Missouri and Brazoria County whereby Brazoria County agreed to house and supervise the Missouri prisoners in exchange for money. The Plaintiffs allege that t...
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OPINION AND ORDER Pending before us is defendant Federal Express’ Motion for Partial Dismissal of the cause of action of “compelled self-publication” defamation. (Docket entry # 43). Obviously, plaintiffs oppose. (Docket entry # 62). BACKGROUND This case is before us pursuant to the diversity of citizenship statute. 28 U.S.C. § 1332. This is a civil action filed by Mr. Benjamin ...
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ORDER DENYING DEFENDANT’S MOTION TO DISMISS Before this court is Defendant’s, United States Postal Service, Rule 12(b)(6) motion to dismiss Plaintiffs, Federal Express Corporation, complaint for failure to state a claim upon which relief can be granted. Plaintiff alleges that Defendant violated Section 43 of the Lanham Act, 15 U.S.C. §§ 1051-1127, by disseminating false and misleading adv...
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MEMORANDUM OPINION On December 17, 1998, defendants (“the Mandelbaums”) served an amended notice of deposition upon the plaintiff, the Overseas Private Investment Corporation (“OPIC”), pursuant to F.R. Civ. P. 30(b)(6). It advised OPIC that it had a duty to designate a person to testify on its behalf and indicated that the deposition would “concern all relevant and material matters in connection ...
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MEMORANDUM AND ORDER This case arises from the villainy of Attorney Pat Nero, who looted the Estate of his client Ragnar Miller in 1993. Eleanor Schock (“Schock”), Miller’s daughter and only heir, is pursuing $23,331.72 as the assignee of the Estate’s claims. Here, she has sued the United States and the Federal Deposit Insurance Corporation (“FDIC”) because the bank accounts into whic...
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ORDER Pending before the Court is an appeal from the bankruptcy court’s order denying the Appellant’s Motion to Set Aside Order Determining Tax Liability. Factual Background On February 16, 1996, Appellee filed for Chapter 7 bankruptcy. On or about August 6, 1996 the Internal Revenue Service (“IRS”) filed a proof of claim, listing outstanding tax liability. On November 6, 1996, ...
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ORDER SETTING HEARING Petitioner Denis Batyuchenko was born on April 9, 1974 in Brest, Belarus, which was at that time part of the Soviet Union. He immigrated to the United States on February 6, 1991 as a refugee and was granted lawful permanent resident status on August 12, 1992. According to INS records, Batyuchenko has been arrested for shoplifting, assault, domestic violence, obstruction of...
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MEMORANDUM OPINION AND ORDER ON PENDING MOTIONS TO DISMISS The Plaintiff, Theodore M. Smith, filed this case in the District Court, Boulder County, Colorado, on February 19, 1999. Defendants removed it to this court on March 11, 1999. Jurisdiction exists over the third claim for relief under 28 U.S.C. § 1331 (federal question) and 42 U.S.C. § 1983 1 (civil rights). Supplemental...
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MEMORANDUM AND ORDER TABLE OF CONTENTS MEMORANDUM AND ORDER July 16,1999 I. PROCEDURAL HISTORY.177 II. RULE 29 STANDARD.179 III. EVALUATING THE MERITS OF A PRICE-FIXING CLAIM.179 IV. THE FACTS ADDUCED AT TRIAL .180 A. Background.180 B. Co-Conspirator Hearsay and Cultural Inferences.182 C. Failure to Present Sufficient Evidence of a Conspiracy Continu...
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OPINION Background After a three-month trial, defendant Gregory Ayala was found guilty of, inter alia, participating in a Racketeer Influenced and Corrupt Organization (“RICO”) enterprise known as Power Rules. Seventeen or more defendants were charged with participating in this enterprise. Many of the defendants pled guilty; several entered into cooperation agreeme...
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SUPPLEMENTAL ORDER RE: PETITIONER BATYUCHENKO PETITIONER Batyuchenko, in addition to claiming that his indefinite detention violates his substantive and procedural rights, contests the legality of his final order of deportation. Respondents Janet Reno, the INS, and Richard C. Smith (hereinafter “the government”) dispute whether jurisdiction exists for the court to consider Batyuchenko’s challen...
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57 F. Supp. 2d 973 (1999) Mimi ROGERS, Plaintiff, v. HOME SHOPPING NETWORK, INC., etc.; et al., Defendants. No. CV98-6326DDP(BQRx). United States District Court, C.D. California. July 22, 1999. *974 ORDER GRANTING PLAINTIFF ROGERS'S APPLICATION TO CONTINUE DEFENDANT NATIONAL ENQUIRER'S SPECIAL MOTION TO STRIKE PREGERSON, District Judge. Plaintiff Mimi Rogers has brought a libel action against d...
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80 F.Supp.2d 1323 (1999) QUIETWATER ENTERTAINMENT, INC., d/b/a Jubilee/Captain Fun Restaurant, Plaintiff, v. UNITED STATES of America, Defendant. No. 3:98CV160/RV. United States District Court, N.D. Florida, Pensacola Division. June 28, 1999. *1324 Marion J. Menge, Shell Fleming Davis & Menge, Pensacola, FL, for Quietwater Entertainment Inc., plaintiff. Carol Koehler Ide, U.S. Department of J...
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MEMORANDUM & ORDER On May 7, 1997, Plaintiff Gretchen Cao-la (“Caola”), a Massachusetts resident, brought this action against Defendants, Delta Air Lines, Inc. (“Delta”), and Delta Family Care Disability and Survivorship Plan (“the Delta Plan”) (both referred to collectively as “Defendants”). Against the Delta Plan, Caola asserts a claim for short-term disability (“STD”) benefits (Count I...
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MEMORANDUM OPINION AND ORDER THIS MATTER came on for consideration of the Motion to Quash Subpoenas Served upon the Jicarilla Apache Tribe (“Tribe”) (Doc. 65). The relevant subpoenas are directed to various Tribal officials and were issued by the Court at the request of the Assistant United States Attorney and of the attorney for the criminal defendant in this case. Contrary to the Tribe’s ...
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OPINION AND ORDER This declaratory judgment action challenging the constitutionality of Articles IIIE(lOXi), 1 III(E)(11), IV(C)(l-5), YI, VIII(B) and IX(A)(B) contained in a regulation of the Puerto Rico Department of Agriculture is before us on an unopposed Motion for Summary Judgment filed by plaintiff Goya de Puerto Rico, Inc. (Goya) (docket entry 86). After careful consideration of the...
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MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND TRIAL ON THE MERITS TABLE OF CONTENTS I. INTRODUCTION. 740 A. Initial Findings Of Fact. 740 1. Gender identity disorder. 740 2. Smith’s condition. 743 B. Procedural Background. 744 II. LEGAL ANALYSIS. 746 A. Subject Matter Jurisdiction . 746 ...
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OPINION Background Defendant Scott Maurer is a 36 year old man who, up to the time of the instant offenses, had no interaction with the criminal justice system. In September 1998, he was found guilty of one count of wire fraud following a jury trial. Thereafter, he pled guilty to two subsequent indictments, one for forged endorsements on Treasury checks and the other 'for ban...
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OPINION I. Background Defendant Nephtali DeJesus was found guilty, after a jury trial, of conspiring to commit assault in aid of racketeering and attempting to commit assault with a dangerous weapon, both counts in violation of 18 U.S.C. § 1959(a)(6). At the time of the incident, defendant was a member of the Latin Kings and, in fact, held the position of “warlord,” the third highest rank...
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OPINION Plaintiff Santiago Ramirez (“Ramirez”) brought this action against defendant Michael McGinnis (“McGinnis”) asserting a violation of his rights under the due process clause of the Fourteenth Amendment, pursuant to 42 U.S.C. § 1983. Now before the court is defendant’s motion for summary judgment, and plaintiffs cross-motion for summary judgment. BACKGROUND Ramirez is c...
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OPINION Petitioners Griffin Industries, Inc. (“Griffin”) and Ocean Logistics Corp. (“OCL” and collectively, “Petitioners”) have moved to vacate, or in the alternative, to modify the arbitration awards dated December 14, 1998 and December 22, 1998, pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 10, 11 (the “FAA”). Respondent Petrojam, Ltd. (“Petrojam”) has cross moved to: (1) con...
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*1228 MEMORANDUM OPINION This cause comes to be heard on a motion to dismiss filed by the defendant on December 21, 1998 and on the respective motions for summary judgment filed by the plaintiffs on March 19, 1999 and by the defendant on April 19, 1999. The parties have acknowledged that there are no genuine issues of fact and that the only issues are issues of law. This cour...
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ORDER DENYING DEFENDANT’S REQUEST FOR IN CAMERA REVIEW OF PRIVILEGED DOCUMENTS Defendant Hartford Fire Insurance Company moves this Court to conduct an in camera review of certain privileged communications between plaintiff Inno Ekeh and his attorneys. This case has its origins in a 1994 lawsuit filed against Ekeh and the Urban Economic Development Corporation (UEDC), Ekeh’s former e...
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OPINION AND ORDER The Court has before it the Motion of Plaintiff to Remand and the Motion of Defendant Dennis Dyse to Dismiss. Having considered the motions, responses, rebuttals and applicable legal authorities, the Court rules that the Motion to Remand is not well taken and is hereby denied. The Court further rules that the Motion to Dismiss Dennis Dyse as a Defendant is well taken...
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56 F. Supp. 2d 738 (1999) Cassandra MAYS, Plaintiff, v. TSI STAFFING, INC., Padmanabh, Inc. d/b/a Days Inn Beaumont, and Days Inns of America, Inc., Defendants. No. 1:98-CV-2024. United States District Court, E.D. Texas, Beaumont Division. June 15, 1999. *739 Kevin Michael Jordan, Eric Paul Edwardson, Sheldon, Jordan & Dunham, Beaumont, TX, for plaintiff. Michael D. Schoen, Trophy Club, TX, f...
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88 F. Supp. 2d 372 (1999) Radio LUZ, et al. v. FEDERAL COMMUNICATIONS COMMISSION, et al. Radio Vida, et al. v. Federal Communications Commission, et al. Nos. Civ.A. 99-1591, Civ.A. 99-1593. United States District Court, E.D. Pennsylvania. July 20, 1999. Paul M. Messing, Philadelphia, PA, Kevin Ernst, Katharine Omansiek, Law Offices of Kevin Ernst, Detroit, MI, for Plaintiffs. Cedric D. Bullock, J...
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MEMORANDUM OPINION This matter comes before the Court on defendant, Henry G. Cisneros’ Motion to Suppress and Exclude Tape Recordings Secretly Made by Defendant Medlar. Over the course of three weeks, beginning on June 21,1999, this Court held a hearing on defendant’s motion. The relevant facts and legal analysis are set forth below. 1 FINDINGS OF FACT Mr. Cisneros (“Cisneros”) seeks ...
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MEMORANDUM OPINION AND ORDER The Court of Appeals remanded this criminal case to this Court for reconsideration of the order of restitution that formed a part of the original sentence. United States v. Harris, 79 F.3d 223, the Court of Appeals affirmed Harris’s conviction and all aspects of his sentence except for the order of restitution. 1 As to restitution, th...
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OPINION Charlynn Maniatis alleges in this action against Cornell University Medical College (“Cornell”) that Cornell improperly terminated her employment due to her age. 1 Her complaint alleges that Cornell’s decision not to renew her employment violated various federal, state, and local laws, including: (i) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §...
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MEMORANDUM AND ORDER In January, 1999, following a 55-day trial of nine defendants, this Court declared a mistrial in the instant case as a result of a hung jury on most counts. Pending before this Court is a motion of defendant Michael Romano (“Romano”) to dismiss one of those counts on collateral estoppel grounds and to preclude the government from introducing certain evidence at the retrial ...
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ORDER I. INTRODUCTION Invoking 42 U.S.C. §§ 1981, 1983 and 2000d (“Title VI”), plaintiffs Craig Green *1316 and Kirby Tracy challenge the University of Georgia’s (UGA’s) “affirmative action” admission policies. They contend that the Board of Regents of the University System of Georgia and Chancellor Stephen R. Portch (the Board) discriminated against them on the ...
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61 F.Supp.2d 685 (1999) John D. TROCHECK, et al., Plaintiffs, v. PELLIN EMERGENCY MEDICAL SERVICE, INC., et al., Defendants. No. 4:98-CV-161. United States District Court, N.D. Ohio, Eastern Division. June 30, 1999. *686 *687 Ira J. Mirkin, Richard T. Bush, Green, Haines, Sgambati, Murphy & Macala, Youngstown, OH, for John D. Trocheck, Martin Shaffer, plaintiffs. David Cooper Comstock, Jr., C...
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42 F. Supp. 2d 927 (1999) Robert MALABED, Plaintiff, v. NORTH SLOPE BOROUGH, Defendant. No. N98-0004 CV (JWS). United States District Court, D. Alaska. April 8, 1999. Kenneth L. Covell, Fairbanks, AK, for Malabed, Robert. David C. Crosby, Wickwire Greene et al, Juneau, AK, for North Slope Borough Transit Dept, North Slope Borough. ORDER FROM CHAMBERS SEDWICK, District Judge. I. MOTIONS PRESENTE...
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ORDÉR On May 21, 1996, plaintiffs Paul and Julie Conti filed suit against defendants Howard L. Blau, the law firm of Carway & Flipse, its individual name members Jacqueline S. Carway and Adrienne L. Flipse, and the entity Carway, Flipse & Blau. Plaintiffs seek compensatory and punitive damages for alleged acts of legal malpractice committed primarily, but not exclusively, b...
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ORDER I. OVERVIEW Plaintiffs, National Football League Properties, Inc. and Green Bay Packers, Inc., accuse defendants ProStyle, Inc. and Sheri Tanner of unlawfully capitalizing on the Packers’ success by selling unauthorized Packer merchandise. In their complaint, plaintiffs presented six counts for which they claimed relief: federal unfair competition under § 43(a) of the Lanham Ac...
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58 F.Supp.2d 393 (1999) Samuel KOHN Plaintiff, v. AT & T CORP., the WorldPartners Company, Bruce Leasure and Kamie Zaracki Defendants. No. CIV. A. 99-102(AJL). United States District Court, D. New Jersey. June 21, 1999. *394 Allan R. Freedman, Teaneck, NJ, for Plaintiff. *395 Francis X. Dee, David J. Reilly, Mason C. Miller, Carpenter, Bennett & Morrissey, Newark, NJ, for Defendants. OPI...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING PLAINTIFF’S MOTION FOR IN-JUNCTIVE RELIEF AND DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT I. INTRODUCTION On May 25, 1999, Plaintiff, Barden Detroit Casino, L.L.C. (“BDC”) initiated the instant lawsuit against the above-captioned State and Detroit Defendants challenging, inter alia, the constitutionality of the Casino ...
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MEMORANDUM AND ORDER This action was filed by Abercrombie & Fitch Stores, Inc. (“A & F”) against American Eagle Outfitters, Inc. (“American Eagle”) asserting claims under the Lanham Act, 15 U.S.C. § 1125(a), the Ohio Deceptive Trade Practices Act, and the common law of trade dress infringement and unfair competition. A & F claims that the way in which American Eagle has cho...
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MEMORANDUM DECISION AND ORDER This motion to punish the defendants for civil contempt for concededly violating Court orders, raises the issue of whether the defendants have been “reasonably diligent and energetic” in attempting to comply with the orders. The plaintiffs commenced this diversity based breach of contract action on February 17, 1998. The lawsuit is grounded on two wr...
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61 F. Supp. 2d 499 (1999) SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE, LOUISIANA CHAPTER, et al. v. SUPREME COURT OF THE STATE OF LOUISIANA No. CIV. A. 99-1205. United States District Court, E.D. Louisiana. July 27, 1999. *500 Mary E. Howell, Howell & Snead, New Orleans, LA, Marjorie Rusth Esman, Marjorie R. Esman, PLC, New Orleans, LA, David Udell, Richard Buery, Brennan Center for Justice, New...
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MEMORANDUM OPINION AND ORDER Pending is Plaintiffs motion for voluntary dismissal without prejudice pursuant to Rule 41(a)(2), Federal Rules of Civil Procedure. The Court GRANTS the motion as moulded. Defendants mount a significant challenge to Plaintiffs motion. They oppose not dismissal, but rather dismissal without prejudice. They request the Court (1) dismiss the case with prejudice or, in ...
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ORDER OF DISMISSAL Julian Fernandez Luiz, a native and citizen of Cuba who arrived in this country in 1980 in the Mariel boatlift, has filed a petition pursuant to 28 U.S.C. § 2241 for a writ of habeas corpus ordering his release from federal custody. For the reasons discussed below, the Court DENIES the petition and DISMISSES this matter. Background. Petitioner came to this country from ...
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ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS . This matter is before the court on defendants’ Motion to Dismiss. Plaintiff brings this case under ERISA and contends that his pension plan is misconstruing or misapplying an amended qualified domestic relations order (QDRO) entered by a Texas divorce court with the result that he is being denied benefits awarded him in his divorce. Plain...
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OPINION ON DEFENDANTS’ MOTION TO QUASH AND OPPOSITION TO WRIT OF EXECUTION OPINION ON MOTION OF WITWA-TER CORPORATION TO STAY OR QUASH EXECUTION OF WRIT OPINION ON PETITION FOR ORDER OF MANDAMUS Presently before the Court are the following motions: (1) a motion filed by W. James Oelsner (“Oelsner”) on behalf of all of the defendants to Criminal Action No. 93-195 to quash the writ of executi...
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MEMORANDUM AND ORDER On April 12, 1999, this Court entered a Memorandum Opinion and Order adjudging William Jefferson Clinton, President of the United States, to be in civil contempt of court pursuant to Fed.R.Civ.P. 37(b)(2) for his willful failure to obey certain discovery Orders of this Court in a lawsuit brought against him by Paula Corbin Jones. See Jones v. Clinton, 3...
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ORDER SETTING HEARING Kim Ho Ma’s petition for a writ of habe-as corpus and four others were designated “lead” cases in this district for the purpose of joint consideration of the government’s indefinite detention of certain deportable aliens. 1 This order incorporates the Court’s Joint Order and applies the analysis in that order to Mr. Ma’s case. 2 Ma entered the United States as a Camb...
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OPINION AND ORDER This action is before us on a Motion to Dismiss for Lack of Subject-Matter Jurisdiction under Rule 12(b)(1), Fed.R.Civ.P., filed by defendant Xenia Vélez-Silva in her official capacity as Secretary of the Treasury of the Commonwealth of Puerto Rico (docket entry 42) and opposed by plaintiff Iberia Líneas Aéreas de España (Iberia) (docket entry 44). The Secretary contends...
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ORDER Now pending before the Court is Plaintiffs’ Motion to Remand the case at hand to the Circuit Court of Mingo County, West Virginia. Plaintiffs contend that the potential sum of damages in controversy does not exceed the jurisdictional amount of $75,000, and therefore the Court can not entertain subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a). 1 Defendant oppose...
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OPINION Defendant sought to withdraw his guilty plea and to have the Court appoint him new counsel on the day upon which he was scheduled to be sentenced. However, Defendant failed to offer any fair and just reason why he should be allowed to withdraw his guilty plea, and he failed to establish that he had received ineffective assistance of counsel, necessitating the appointment of new coun...
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OPINION Defendants Donaldson, Lufkin & Jen-rette Securities Corporation (“DLJ”), Elizabeth Comerford (“Comerford”), Bear, *233 Stearns & Co. Inc., Bear, Stearns Capital Markets Inc. (collectively, “Bear Stearns”), Howard Rubin (“Rubin”), and Merrill Lynch, Pierce, Fenner & Smith Inc. (“Merrill Lynch”) (together with DLJ, Comerford, Bear Stearns, and ...
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OPINION Defendant Mount Sinai Medical Center (“Mt.Sinai”) has moved, pursuant to Rule 59(e) of the Federal Rules of Civil Proce- *271 opinion of April 14, 1999 (the “Opinion”) granting partial summary judgment to plaintiffs Jeffrey Bravin (“Bravin”) and Ethan Raymond Bravin (the “Bravins”) with respect to Mt. Sinai’s liability resulting from its denial of a qualified sign...
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OPINION and ORDER This is an action to recover a finder’s fee to which plaintiff Brad M. Reiss (“Reiss”) claims he is entitled for having successfully interested General Electric Capital Corporation (“GECC”) in acquiring two French real estate companies, Union Pour le Fi-nancement D’Immeubles de Sociétés (“UIS”) and Union Industrielle de Credit (“UIC”). Reiss claims that he entered in...
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OPINION AND ORDER I. Introduction Plaintiff Basil Waite (“Waite”) originally brought this personal injury action against defendant American Airlines, Inc. (“American”) in the Supreme Court of New York, Bronx County. American removed the action to the Southern District of New York and now moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For t...
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58 F.Supp.2d 1303 (1999) Anthony Keith JOHNSON, Petitioner, v. John E. NAGLE, Warden and the Attorney General of the State of Alabama, Respondents. No. CV-93-N-1121-S. United States District Court, N.D. Alabama, Southern Division. July 23, 1999. *1304 *1305 *1306 *1307 *1308 *1309 *1310 *1311 *1312 John H Schafer, Sean F Foley, Deborah Forbes, Covington & Burling, Washington, DC, Debra Ann Pa...
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OPINION This is an action for securities fraud brought on behalf of purchasers of American Depository Shares (“Nice ADSs”) of Nice Systems, Ltd. (“Nice Systems”), seeking damages for violations of Section 10(b) and Section 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”), as amended, 15 U.S.C. §§ 78t(a) and 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5, fro...
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58 F.Supp.2d 619 (1999) PI LAMBDA PHI FRATERNITY, INC., a corporation with its principal place of business in Connecticut; Pa. Gamma Sigma Chapter of Pi Lambda Phi Fraternity, an unincorporated association of individuals; Pa. Gamma Sigma Alumni Chapter of Pi Lambda Phi Fraternity; Brad Zulick, Chad Crisp and Joshua Lang, individuals who are members of the Pa. Gamma Sigma Chapter of Pi Lambda Phi ...
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MEMORANDUM AND ORDER James Patterson (“Patterson”) petitions this Court pro se for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254. Patterson was convicted after a jury trial in the New York State Supreme Court, New York County, for the criminal sale of a controlled substance in the third degree in violation of New York Penal Law § 220.39. The court sentenced Patterson to...
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ORDER After an independent review of the file, it is ORDERED as follows: (1) The recommendation of the United States Magistrate Judge entered on March 17, 1999 (Doc. no. 267), is . adopted. (2) The joint motion to dismiss filed by the defendants on March 3, 1998 (Doc. no. 231), is denied. The clerk of the court is DIRECTED to furnish a copy of this order to counsel for ...
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MEMORANDUM OPINION I. INTRODUCTION This cause is before the court on a Motion for Summary Judgment, filed by Defendants Choice Behavioral Health Partnership (“Choice”) and Pam Moore (“Moore”) (collectively, “the Choice Defendants”) on December 17, 1998 (Doc. # 21). Holton originally filed his Complaint in the Circuit Court of Coffee County, Alabama on June 26, 1998, ...
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MEMORANDUM OPINION I. INTRODUCTION This cause is before the court on a Motion to Dismiss, filed August 19, 1998, by Blue Cross and Blue Shield of South Carolina d/b/a Palmetto Government Benefits Administrators (“Blue Cross and Blue Shield”). 1 *1350 Michael Guy Holton (“Holton”) originally filed his Complaint in the Circuit Court of Coffee County, A...
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58 F.Supp.2d 422 (1999) Simon B. THEN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. Civ.A. 98-5523AJL. United States District Court, D. New Jersey. June 22, 1999. *423 Simon B. Then, Newton, NJ, pro se. Faith Hochberg, United States Attorney, Dan Gibbons, Asst. United States Attorney, Newark, NJ, for United States. Andreas Quarantino, District Director of the United Stat...
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AMENDED MEMORANDUM OPINION AND ORDER THIS MATTER is before the Court on a Petition For Writ of Habeas Corpus. The issues presented are: (1) whether section 236(c) of the Immigration and Nationality Act (“INA”) applies to Petitioner; and (2) if that section does apply to Petitioner, whether the statute is unconstitutional on its face as violative of procedural and substantive due proce...
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58 F.Supp.2d 870 (1999) UNITED STATES of America, Plaintiff, v. Derrick Wayne GRIFFIN, Defendant. No. 99 C 1611. United States District Court, N.D. Illinois, Eastern Division. July 23, 1999. *871 David A. Styler, United States Attorney's Office, Chicago, IL, for plaintiff. Shelly Byron Kulwin, Kulwin & Associates, Chicago, IL, for defendant. MEMORANDUM OPINION AND ORDER ALESIA, District Judg...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 William C. Gilmore and his wife, Cheryl A. Gilmore, are farmers. In 1973, they obtained four loans from the Fanner’s Home Administration (“FmHA”), 2 United States Department of Agriculture. The *577 government now seeks to foreclose a mortgage on the Gilmores’ farm because of defaults on two of the loans. Most of the facts are not in dispute. ...
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60 F.Supp.2d 1 (1999) Cara HOOD, Plaintiff, v. KAPLAN EDUCATIONAL CENTER, LTD., Defendant. No. 3:99CV00451 GLG. United States District Court, D. Connecticut. July 26, 1999. John R. Williams, Williams, Polan & Pattis, New Haven, CT, for Plaintiff. Victoria Radd Rollins, Mary-Rose Papandrea, Williams & Connolly, Washington, DC, Thomas J. Murphy, Cowdery & Ecker, Hartford, CT, for defend...
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*245 OPINION Plaintiff M.C., by and through his parent and next friend, Mrs. C., 1 brought this action under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400-1487, 2 to partially challenge a decision of a due process hearing officer. The parties’ dispute centers on the individualized education programs (“IEPs”) developed for M.C. f...
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58 F.Supp.2d 1 (1999) ACMAT CORPORATION, Plaintiff, v. GREATER NEW YORK MUTUAL INSURANCE COMPANY, Defendant. No. 3:96 CV 1153 (GLG). United States District Court, D. Connecticut. July 26, 1999. John W. Lemega, Michael S. Taylor, Halloran & Sage, Hartford, CT, for Plaintiff. Richard R. Brown, Brown, Paindiris & Scott, Hartford, CT, for Defendant. Thomas C. Clark, Tyler Cooper & Alcorn,...
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ORDER The petitioner, Joseph Mitchell Parsons, an inmate at the Utah State Prison, filed this action for a writ of habeas corpus under 28 USC § 2254 seeking relief from his conviction in the Utah courts for First Degree Murder and a sentence of death. The case was referred to the magistrate judge under 28 USC § 2254. The magistrate judge made a report and recommendation that the petition ...
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58 F.Supp.2d 1162 (1999) UCSF-STANFORD HEALTH CARE f/k/a Stanford Health Services, Plaintiff, v. HAWAII MANAGEMENT ALLIANCE BENEFITS & SERVICES, INC. and Hawaii Management Alliance Association, Defendants. No. Civ. 98-00648DAE. United States District Court, D. Hawaii. July 22, 1999. *1163 Peter A. Lee, Honolulu, HI, Tracy D. Swann, Joy Y. Stephenson, George Colman, Vincent A. Acquisto, Tracy ...
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58 F.Supp.2d 1076 (1999) SENIOR TECHNOLOGIES, INC., Plaintiff, v. R.F. TECHNOLOGIES, INC., Defendant. No. 4:97CV3241. United States District Court, D. Nebraska. July 26, 1999. *1077 *1078 *1079 Roger P. Cox, Harding, Shultz Law Firm, Lincoln, NE, Vincent L. Carney, Lincoln, NE, Roger D. Greer, Steven P. Fallon, Greer, Burns Law Firm, Chicago, IL, for plaintiffs. James M. Bausch, Shawn D. Renner, ...
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ORDER ON DEFENDANTS’ SUMMARY JUDGMENT MOTIONS AND PLAINTIFFS’ RENEWED MOTION FOR CERTIFICATION The plaintiffs and class members in this case are collectively bargained-for-health and welfare trusts in Washington, and their trustees. In their second amended complaint the plaintiffs allege a conspiracy by defendants to deceive and defraud the public and health care providers and pay-ors such as the...
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*719 OPINION and ORDER OF COURT Plaintiffs instituted this “public liability-action” against Defendants claiming that radiation released from Defendants’ nuclear fuel fabrication facility in Apollo caused them to develop cancer. After a jury trial, a verdict was entered in favor of all Plaintiffs and against both Defendants. Pending is Defendants’ Motion for Judgment as ...
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MEMORANDUM OPINION AND ORDER The plaintiff, Beverly Bowers, brought this action against her former employer, the Radiological Society of North America, Inc., [the “Radiological Society”], and her former manager, Dana Davis, alleging sex *597 ual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and ...
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58 F.Supp.2d 907 (1999) Linda GULO, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant No. 97 C 6239. United States District Court, N.D. Illinois, Eastern Division. July 28, 1999. Barry A. Schultz, Evanston, for Plaintiff. Samuel D. Brooks, Assistant United States Attorney, Leslye E. Jones, Assistant Regional Counsel, Chicago, for Defendant. MEMORANDUM OPINION AND ORDER D...
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OPINION AND ORDER I. INTRODUCTION The defendant, The United States of America (the “Government”) moves pursuant to Local Rule 6.3 and Fed.R.Civ.P. 59(e) and 60(a) for reconsideration and modification of the Court’s Opinion and Order, dated July 15, 1999. The Government objects to the Opinion on three grounds: (1) that the judgment requires the Government to purchase an annuity ra...
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ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff Hannah Craven brings this action pursuant to section 205(g) of the Social Security Act, 45 U.S.C. § 405(g), challenging the final decision of the Commissioner of Social Security denying her disability benefits. Both parties cross-moved for judgement on the pleadings pursuant to Fed.R.Civ.P. 12(c). On May 18, 1999, Magistrate Judge Pec...
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ORDER I have duly considered petitioner’s Objections, dated May 17, 1999, to the Report and Recommendation of United States Magistrate Judge Andrew J. Peck, dated March 19, 1999, and have found them to be without merit. Accordingly, I hereby accept and adopt the thoughtful and extremely thorough Report and Recommendation in full and dismiss the above-referenced habeas petit...
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58 F.Supp.2d 651 (1999) John B. LOCKWOOD, et al., Plaintiffs, v. PRINCE GEORGE'S COUNTY, MARYLAND, Defendant. No. CIV. A. AW 98-1385. United States District Court, D. Maryland, Southern Division. July 29, 1999. Thomas A. Woodley, Washington, DC, for plaintiffs John B. Lockwood, et al. Sean D. Wallace, Upper Marlboro, MD, for defendant Prince George's County, Maryland. *652 MEMORANDUM OPINION WI...
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56 F. Supp. 2d 1328 (1999) Elbert POWELL, Plaintiff, v. CITY OF MONTGOMERY, et al., Defendants. No. Civ.A. 98-T-1091-N. United States District Court, M.D. Alabama, Northern Division. July 12, 1999. *1329 *1330 K. David Sawyer, Birmingham, AL, for plaintiff. Norman Gunter Guy, Jr., Brannan & Guy, Montgomery, AL, Robert David Segall, Copeland, Franco, Screws & Gill, P.A., Montgomery, AL, fo...
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MEMORANDUM OF DECISION AND ORDER The plaintiff, Gail P. Segarra (“Segarra” or the “plaintiff’), commenced this action pursuant to the Social Security Act, 42 U.S.C. § 405(g), seeking review of a final administrative determination of the Commissioner of the Social Security Administration (the “Commissioner” or the “defendant”) denying her application for social security disability insu...
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MEMORANDUM OPINION Before the Court is defendant’s Motion to Dismiss this breach of contract action between a long-distance phone company and its customer. Plaintiff Telco Communications Group, Inc., (“Telco”) is a Virginia corporation that provides long distance phone services. Defendant Race Rock of Orlando, L.L.C., (“Race Rock”) is a Florida entity which uses plaintiffs long-distan...
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JOINT ORDER For the reasons set forth in the July 30, 1999 Memorandum Opinions that the Court has issued in Civil Action Nos. 99-197-A and 99-941-A, it is hereby ORDERED: (1) that the Defendants’ Motion to Consolidate Civil Action No. 99-941-A into Civil Action No. 99-197-A is GRANTED; (2) that the Defendants’ Motions to Dismiss Civil Action Nos. 99-941-A and Civil Action No. 99-197-A are DENIE...
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MEMORANDUM OPINION This matter comes before the Court on the Motion filed by Lenore Widmark (the “Claimant”) to Vacate the Arbitrator’s Decision (the “Motion”). The Daikon Shield Claimants Trust (the “Trust”) opposes the Motion. Upon consideration of the parties’ pleadings, and after argument held on this matter on June 28, 1999, the Court makes the following Findings of Fact and Conclusions ...
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44 F.Supp.2d 910 (1999) Karin Keegan McCOY, Plaintiff, v. MONROE PARK WEST ASSOCIATES, et al., Defendants. No. 98-CV-60084-AA. United States District Court, E.D. Michigan, Southern Division. April 9, 1999. *911 Jack E. Gallon, Toledo, OH, Richard L. Steinberg, Detroit, MI, for plaintiff. Michael D. Ritenour, Southfield, MI, for defendants. ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MO...
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58 F.Supp.2d 435 (1999) Robert SCULLY, Plaintiff, v. BOROUGH OF HAWTHORNE, et al., Defendants. No. Civ.A. 98-1473(AJL). United States District Court, D. New Jersey. June 28, 1999. *436 *437 *438 David G. Uffelman, Pinto, Rodgers & Uffelman, Morristown, New Jersey, for plaintiff. Douglas C. Borchard, Hawthorne, New Jersey, Thomas B. Hanrahan, Hanrahan & Robertelli, Heritage Office Center, ...
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MEMORANDUM In this copyright infringement action, Christopher Robinson sued New Line Cinema Corporation (“New Line”) and others involved in the production of the film “Set it Off,” alleging that defendants’ movie infringed the copyright in Robinson’s screenplay, “Sister Sarah.” On April 13, 1999, I granted New Line’s motion for summary judgment on all counts. Robinson v. New Line Ci...
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MEMORANDUM Waste Systems International, Inc. (“WSI”) is a solid waste management company. On December 24, 1998, WSI and Charles E. Howell, Jr. entered into a letter outlining the parties’ intent to reach a definitive legal agreement whereby WSI was to purchase certain assets from Howell. The letter of intent required WSI to deposit $1,750,000 with W. Stevens Hidey. On December 24, 19...
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MEMORANDUM OPINION This matter is before the court on the propriety of the ruling of the bankruptcy court by which it ruled that the appellant was precluded from pursuing the amount of appellee’s student loan debt not included within the Chapter 13 proceeding and its denial of the motion for reconsideration. Issues presented on appeal follow: 1) Did the bankruptcy court’s order reducing the...
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OPINION AND ORDER On April 20, 1998, Plaintiff Melvin L. Brown filed this age discrimination case against his former employer, Defendant Renter’s Choice, Inc. [Doc. 1]. Plaintiff Brown makes claim under the federal Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621, et seq. Brown also makes claim under Ohio’s discrimination statute, Ohio Revised Code § 4112.01, ...
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MEMORANDUM OPINION Plaintiff Corine Zeigler claims in this lawsuit that her infant daughter, Kacheal Zeigler, was denied a medical screening examination in violation of the Emergency Medical Treatment and Active Labor Act (“EMTALA”), as added by § 9121(b) of the Comprehensive Omnibus Budget Reconciliation Act of 1985, 100 Stat. 164, and as amended, 42 U.S.C.A. § 1395dd, and she sues in both h...
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57 F.Supp.2d 318 (1999) MARY HELEN COAL CORPORATION, Plaintiff, v. Marty D. HUDSON, et al., Defendants. No. Civ. 3:97CV71. United States District Court, E.D. Virginia, Richmond Division. July 28, 1999. John Lyons Marshall, Jr., Betty S.W. Graumlich, Patrick Michael McSweeney, McSweeney, Burtch & Crump, Richmond, VA, for Plaintiff. Samuel Morton Brock, III, Mays & Valentine, Richmond, VA, ...
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MEMORANDUM OPINION I. Presently before the Court is Defendants’ Motion for Summary Judgment. A hearing was held on this motion. In ruling on the motion, the Court has considered the briefs of the parties, the arguments of counsel at the hearing in open court, and the entire record. For the reasons that will follow the Court will grant in part and deny in part Defendants’ motion. ...
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58 F.Supp.2d 817 (1999) Dewayne R. HAYES, Petitioner, v. John MORGAN, Warden, Respondent. No. 1:96 CV 2636. United States District Court, N.D. Ohio, Eastern Division. June 21, 1999. *818 Lillian B. Earl, Office of the Assistant Attorney General, Cleveland, OH, for petitioner. Timi J. Townsend, Office of the Public Defender Ohio Public Defender Commission, Columbus, OH, for respondent. MEMORANDUM...
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58 F.Supp.2d 628 (1999) Julia McDANIEL and Lois Cavallucci, Plaintiffs, v. AMERICAN RED CROSS, JOHNSTOWN REGION, Defendant. No. 99-9J. United States District Court, W.D. Pennsylvania. July 29, 1999. Daniel W. Rullo, Barbera, Clapper, Beener, Ruller & Melvin, Somerset, PA, for Plaintiffs, *629 Joseph Mack, III, Thorp, Reed & Armstrong, Pittsburgh, PA, for Defendant. MEMORANDUM OPINION AND...
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MEMORANDUM OPINION AND ORDER Plaintiff Archie Washington (“Washington or Plaintiff’) brings this action to review the final decision of the Commissioner of Social Security (“Commissioner”) denying Washington’s claim for Supplemental Security Income (“SSI”) disability benefits under the Social Security Act, 42 U.S.C. § 1381 et seq. The Administrative Law Judge (“ALJ”) found ...
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ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT Plaintiff Century Surety Company brings this declaratory judgment action seeking a declaration that it does not have a duty to defend or indemnify Defendants, Lamon and Jeannett Castle and Quail Manor Apartments, in a state court lawsuit. Now before the Court is Plaintiffs Motion for Summary Judgment, filed May 24, 1999. For the r...
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MEMORANDUM OPINION This matter comes before the court on individual defendant Stuart Van Scoyoc’s motion to dismiss the employment discrimination and constructive discharge claims brought against him by plaintiff Marnie Russ, and a separate motion filed by the corporate defendant, Van Scoyoc Associates, Inc. (“VSA”), to dismiss the constructive discharge claim. Plaintiff concedes...
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OPINION Pending before the court are the cross-motions for summary judgment (doc. nos.77, 85) of defendants, National Tax Funding, L.P. (“National Tax”), Capital Asset Research Corp. Ltd. (“CARC”), and Capital Assets Holdings GP, Inc. (“Capital Assets”), and plaintiffs, Gladys Houck, Marie Demitras, Bragette Parker, Mary Walsh, Mary Tabb, et al. (“Houck plaintiffs”), pursuant to Rule ...
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58 F.Supp.2d 675 (1999) COMBINED PROPERTIES/GREENBRIAR LIMITED PARTNERSHIP, Plaintiff, v. Dean E. MORROW, et al., Defendants. Dean E. Morrow, et al., Third-Party Plaintiffs, v. Aquiport Mid-Atlantic Retail, Inc., et al., Third-Party Defendants. J. Edward Glover and Puritan Systems, Inc./Progressive Cleaners, Third-Party Plaintiffs, v. Fairfax County, Virginia, Third-party Defendant. Civil Action ...
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*609 MEMORANDUM OPINION AND ORDER Architect Michael Eiben (“Eiben”) has sued A. Epstein & Sons International, Inc. (“Epstein”) and Ellerbe Becket (“Ellerbe,” also a corporation despite the absence of any corporate indicia in its name) for copyright infringement. 1 Eiben charges that each of them violated the copyright laws by impermissibly photocopying a...
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MEMORANDUM Plaintiff submitted three document requests to HUD, pursuant to the Freedom of Information Act, 5 U.S.C. § 552(a). When HUD did not respond, he filed this action. Now before the Court are plaintiffs motion to require HUD to process the FOIA requésts as for “non-commercial use” requests and HUD’s motion for a partial summary judgment approving its finding that plaintiffs req...
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MEMORANDUM AND ORDER These are consolidated civil rights lawsuits brought by plaintiffs Earl Strong and Tarika Strong against the County of Nassau and several individuals, each of whom were neighbors of the plaintiffs (the “Individual Defendants”). Briefly stated, plaintiffs’ allege that their arrest and prosecution following an altercation at a block party amounted to a violation of ...
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MEMORANDUM Plaintiff has brought this action, pursuant to 42 U.S.C. § 1983, alleging that a private arbitrator, who was appointed pursuant to a collective bargaining agreement between defendant City of Philadelphia and the Fraternal Order of Police, acting under the aegis of the American Arbitration Association (“AAA”), violated his constitutional right to due process. 1 Before the Court is t...
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OPINION AND ORDER This action is before the Court on defendants’ motion to dismiss. Fed.R.Civ.P. 12(b)(6). For the reasons stated hereinafter, the motion is granted. BACKGROUND Plaintiff Stuart Pollack is an attorney admitted to practice in the State of New York, and brings this action on behalf of himself pro se, as well as on behalf of his children, Sean Pollack, Kyle Poll...
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OPINION and DECISION This action having been tried before the Honorable Milton Pollack, United States *307 Senior District Judge* without a jury on March 24, 29, and 30, 1999; and this Court having received and evaluated the testimony of the witnesses at trial, the deposition testimony 1 and the documents received in evidence, and due deliberation having been h...
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DECISION AND ORDER INTRODUCTION Plaintiff, The Gleason Works (“Gleason”), commenced this action for patent infringement against defendants Klingeln-berg-Oerlikon Geartec Vertriebs-GmbH *49 (“Klingelnberg”), Oerlikon Geartec AG (“Oerlikon”), and Liebherr America, Inc. (“Liebherr”). Klingelnberg, a German corporation with its principal place of business in Germany, and...
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MEMORANDUM AND ORDER REGARDING OBJECTIONS TO REPORT AND RECOMMENDATION ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS’ MOTIONS TO SUPPRESS AND FOR SUMMARY JUDGMENT On April 6, 1999 Magistrate Judge Kenneth P. Neiman recommended that the defendants’ Motion to Suppress Evidence be denied, that the plaintiffs Motion for Summary Judgment be allowed and that defendant’s Motion f...
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MEMORANDUM & ORDER Before me is a motion for partial summary judgment. Defendant Japan Airlines asserts that damages in this ease are limited to $6,490 by the Warsaw Convention. 1 *309 Section 1 of Article 18 of the Warsaw Convention provides that liability under the Convention extends to any damage of goods that is sustained during transportation by air. Article...
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58 F.Supp.2d 1127 (1999) Jesus NUÑO, Plaintiff, v. COUNTY OF SAN BERNARDINO, San Bernardino County Sheriff, San Bernardino County Sheriff's Department, San Bernardino County Sheriff V. Moreno, # M3638, sued individually and in his official capacity, and does 1-10, inclusive, Defendants. No. ED CV 98-175 RT (VAPx). United States District Court, C.D. California. July 28, 1999. *1128 *1129 Antonio H...
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MEMORANDUM OPINION ON THE COMMISSIONER’S POST JUDGMENT MOTIONS I. The Commissioner of the Social Security Administration (the Commissioner) has filed motions to alter or amend the judgment in two cases currently pending before the court. The court requested the Commissioner to discuss the impact of the following excerpt from Epps v. Harris, 624 F.2d 1267 (5th Cir.1980)...
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MEMORANDUM REGARDING DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT (Docket Nos. 24 & 30) Brazas Sporting Arms, Inc. (“Brazas”) is a wholesale distributor of firearms located in Monson, Massachusetts. Between the year 1992 and 1997 the defendant American Empire Surplus Lines Insurance Company (“American”) sold three identical ...
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58 F.Supp.2d 612 (1999) UNITED STATES of America v. James McINTOSH, Defendant. No. CRIM. A. 97-203-2. United States District Court, E.D. Pennsylvania. July 27, 1999. Bernadette A. McKeon, U.S. Attorney's Office, Philadelphia, PA, for U.S. MEMORANDUM & ORDER KATZ, Senior District Judge. Background On November 10, 1997, a jury found defendant James McIntosh guilty of various crimes stemming from ...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Before the Court is Defendant’s Motion for Summary Judgment. The motion is opposed. After considering the motion, the response, and the reply, the Court is of the opinion that the motion should be granted. This is an employment dispute. Plaintiff Heidi Darland is a former employee of Defendant Staffing Resources, Inc. Dar- ...
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*441ORDER On March 22, 1999, Plaintiff, Philip E. Johnson, filed a five-count Complaint against Defendants, Chrysler Corporation, Chrysler Motors Corporation, Daimlerchrysler Corporation, and Daimlerchrysler Motors Corporation (hereinafter “Chrysler”), on behalf of Mark Hoglund, Jr., a minor who allegedly suffered severe injuries when he was in an accident on May 28, 1994, involving a 1985 Dodge M...
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58 F.Supp.2d 1028 (1999) John Duane AYERS, Petitioner, v. David DOTH, Commissioner of Human Services, Respondent. Civ. No. 98-1563 (PAM/RLE). United States District Court, D. Minnesota. June 1, 1999. *1029 Brain Cook Southwell, Faulkner & Faulkner, Minneapolis, MN, for petitioner. Steven J. Lokensgard, Attorney General, St Paul, MN, for respondent. ORDER MAGNUSON, Chief Judge. Based upon the...
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58 F.Supp.2d 1041 (1999) Joseph MOUBRY, Plaintiff, v. Roberta KREB, in her official capacity as Initial Hearing Officer, Elizabeth Thompson, in her official capacity as Hearing Review Officer, Robert Wedl, in his Official Capacity as Commissioner, State of Minnesota, Minnesota Department of Children, Families, and Learning, and Independent School District Number 696, Defendants. Joseph Moubry, Pl...
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MEMORANDUM ORDER I. Introduction This matter came before the undersigned United States Magistrate Judge pursuant to *580a general assignment, made in accordance with the provisions of Title 28 U.S.C. § 636(b)(1)(A), upon the Defendant’s Motion to Amend Pretrial Order, Amend its Answer, and Compel Depositions, and upon the Plaintiffs Motion for a Protective Order. A Hearing on the Motion was condu...
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MEMORANDUM ORDER I. Introduction This matter came before the undersigned United States Magistrate Judge pursuant to a general assignment, made in accordance with the provisions of Title 28 U.S.C. § 636(b)(1)(A), upon the Motion in limine of the Defendant All American Bottling Corporation (“All American”), which seeks to limit certain evidence at Trial, and upon the...
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MEMORANDUM REGARDING APPEAL OF BANKRUPTCY ORDER I. INTRODUCTION This appeal arises out of a bankruptcy proceeding brought pursuant to Chapter 11 and, ultimately, Chapter 7 of the United States Code on behalf of J.F.D. Enterprises, Inc. (“JFD” or “Debtor”). Following the liquidation of JFD for approximately $131,000, Joseph F. DiStefano (“Mr. DiStefano”) and his wife Patricia A. DiStefano ...
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58 F.Supp.2d 1204 (1999) UNITED STATES of America v. Lance Leonard NEVELL, Defendant. No. CR 99-19-JO. United States District Court, D. Oregon. July 30, 1999. *1205 Thomas G. Lininger, Assistant United States Attorney, District of Oregon, U.S. Attorney's Office, Eugene, OR, for U.S. Paul J. Papak, Assistant Federal Public Defender, District of Oregon, Federal Public Defender's Office, Portland, O...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT and DENYING PLAINTIFF’S MOTION TO REMAND I. INTRODUCTION Plaintiff Rollie Winter & Associates, Ltd. (“Winter & Associates”), brings several causes of action against defendant Fox River Valley Building & Construction Trades Council (“the Trades Council”). Winter & Associates filed this action in the State of Wisconsin Circuit Cour...
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DECISION The defendant, a lawyer, was convicted of two counts of mail fraud on October 23, 1980, following an eight-day trial before this Court and a jury. He was sentenced on January 2, 1981 to jail time followed by a period of probation. His conviction was affirmed on appeal and his petition to the United States Supreme Court for certiora-ri was denied on April 5, 1982. Defendant served his...
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ORDER ON DEFENDANTS’ MOTION TO STRIKE PLAINTIFF’S JURY DEMAND AND ON PLAINTIFF’S MOTION TO AMEND COMPLAINT The Supreme Court has devoted a considerable amount of its attention in the past forty years to Seventh Amendment jurisprudence, preserving the right to jury trial in federal courts in “suits at common law.” All those cases have involved distinguishing between common law and equity, ...
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44 F.Supp.2d 821 (1999) Elwood O. OLIVER, Jr., Plaintiff, v. UNITED STATES OF AMERICA DEPARTMENT OF DEFENSE, Defendant. No. SA-97-CA-1458-OG. United States District Court, W.D. Texas, San Antonio Division. January 27, 1999. *822 Edward L. Pina, Attorney at Law, San Antonio, TX, for plaintiff. *823 Robert Shaw-Meadow, Assistant United States Attorney, San Antonio, TX, for defendant. ORDER GRANTIN...
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MEMORANDUM OF DECISION AND ORDER Plaintiff Pejepscot Industrial Park, Inc. d/b/a Grimmel Industries filed a six-count First Amended Complaint seeking: a declaration of ownership rights of a railroad spur (Count 1); an injunction preventing destruction of the spur and interference with Grimmel’s right to repair, maintain, and use the spur (Count II); unlawful refusal to provide rail servic...
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58 F.Supp.2d 694 (1999) Melissa LLOYD, Plaintiff, v. CABELL HUNTINGTON HOSPITAL, INC., et al., Defendants. No. Civ.A. 3-99-0433. United States District Court, S.D. West Virginia, Huntington Division. July 29, 1999. *695 Marvin W. Masters and Anthony J. Majestro, Masters & Taylor, Charleston, WV, for plaintiff. Daniel T. Yon, Rebecca Craycraft, Brown & Thomas L. Craig, Bailes, Craig & ...
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109 F. Supp. 2d 436 (1999) Jesse FRYE, d/b/a L & J Newstand, Plaintiff, v. The CITY OF KANNAPOLIS, a North Carolina Municipal Corporation; Ray Moss, Mayor of the City of Kannapolis; Kenneth B. Geathers, Mayor pro tem of the City of Kannapolis; Jack M. Goodnight, Council Member of the City of Kannapolis; Roger D. Hass, Council Member of the City of Kannapolis; Jennie C. Wyrick, Council Member ...
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57 F. Supp. 2d 179 (1999) COREGIS INSURANCE COMPANY, v. BARATTA & FENERTY, LTD., Anthony Baratta, Esq., Kenneth Lee and Danielle Lee. No. CIV. A. 99-573. United States District Court, E.D. Pennsylvania. July 30, 1999. *180 Steven J. Polansky, Spector, aden & Rosen, P.C., Moorestown, NJ, for Plaintiff. David Kraut, Cardis, Kraut & Harris, P.C., Blue Bell, PA, for Defendants. MEMORANDU...
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*238 JOINT ORDER For the reasons set forth in the July 30, 1999 Memorandum Opinions that the Court has issued in Civil Action Nos. 99-197-A and 99-941-A, it is hereby ORDERED: (1) that the Defendants’ Motion to Consolidate Civil Action No. 99-941-A into Civil Action No. 99-197-A is GRANTED; (2) that the Defendants’ Motions to Dismiss Civil Action Nos. 99-941-A and Civil Action No. 99-197-A are ...
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MEMORANDUM OPINION ON PLAINTIFF’S MOTION FOR SUPPLEMENTAL DAMAGES At the end of two weeks of trial in this patent infringement action, the jury re *747 turned its verdict on November 20, 1998. The jury determined that defendant Da-vol, Inc., had willfully infringed all four of the patent claims asserted by plaintiff Stryker Corporation. The jury assessed Stryker’s damages in ...
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75 F. Supp. 2d 741 (1999) STRYKER CORPORATION, Plaintiff, v. DAVOL, INC., Defendant. No. 4:96-CV-191. United States District Court, W.D. Michigan, Southern Division. July 29, 1999. Charles E. Ritter, Miller, Canfield, Paddock & Stone, Kalamazoo, MI, for plaintiff. Thomas F. Blackwell, Smith, Haughey, Rice & Roegge, PC, Grand Rapids, MI, Peter C. McCabe, Winston & Strawn, Chicago, IL, ...
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*1044 ORDER 1) DENYING CHANTAL PHARMACEUTICAL CORP. AND CHANTAL BURNISON’S MOTION FOR SUMMARY JUDGMENT, 2) DENYING STANSON MARKETING, INC. AND FRED REINSTEIN’S MOTION FOR SUMMARY. JUDGMENT, and 3) GRANTING COOPERS & LYBRAND L.L.P.’S MOTION FOR SUMMARY JUDGMENT On February 22, 1999, the Court heard oral argument regarding three separate motions for summary judgment brought by...
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MEMORANDUM OPINION AND ORDER On November 17,1998 The Home Insurance Company (“Home”) filed this action seeking a declaration that it has no duty to indemnify Three I Truck Line, Inc. (“Three I”) with respect to two consolidated personal injury lawsuits filed against Three I in the Circuit Court of Cook County, Illinois. Home had not included a choice of law provision in the liability ...
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OPINION Plaintiff Nancy Allen Steinberg, M.D., (“Steinberg”) initiated this action to recover disability benefits under an insurance policy that she holds with defendant The Paul Revere Insurance Company (“Paul Revere”). Now before the court is defendant’s motion for summary judgment, and plaintiffs cross-motion for summary judgment. BACKGROUND On November 10, 1987, Paul Rev...
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AMENDED [PROPOSED] ORDER AND PERMANENT INJUNCTION Based on the submission of the parties relating to Plaintiffs motion for summary judgment, the Court hereby makes the following findings of fact and conclusions of law: A. FINDINGS OF FACT 1.Plaintiff ETS is a nonprofit educational corporation, chartered under New York law, that develops and administers standardized tests, includ...
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MEMORANDUM OPINION This matter comes before the court on defendants’ motion to dismiss Counts II and III of the complaint filed by plaintiff James R. Sheppard. Specifically, defendants move to dismiss Count II, based on 42 U.S.C. § 1981, and Count III, which is based on tortious interference with contractual relations. Upon consideration of the written submissions of the parties, and ...
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MEMORANDUM OPINION AND ORDER Pro se petitioner Barbara McCarthy (“McCarthy”), moves to vacate an arbitration award issued on April 14, 1995 (“Award”) in favor of Smith Barney Inc. (“Smith Barney”) and its employees, Vergil R. Rorer (“Rorer”) and Ray Shouse (“Shouse”). Smith Barney and Rorer cross-move to dismiss McCarthy’s petition for lack of subject matter jurisdiction and failure to state ...
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MEMORANDUM OPINION ON PLAINTIFF’S MOTIONS FOR AWARD OF ENHANCED DAMAGES, ATTORNEY FEES AND COSTS The jury having returned a verdict in this patent infringement action favorable to plaintiff Stryker Corporation, finding defendant Davol, Inc., willfully infringed several claims of the ’402 patent, and judgment having entered in accordance with the verdict, Stryker now moves for award of enh...
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MEMORANDUM OPINION This case presents the question of whether a franchisor is liable for the allegedly negligent acts of its franchisee. Currently before the court is a motion for summary judgment filed on behalf of Midas International Corporation (“Midas”) and plaintiffs’ response thereto. Trial is currently set to begin April 19, 1999. For the reasons set forth below, the motion wil...
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Memorandum and Order I. Pending for decision are cross-motions for summary judgment in this case, as follows: (1) Defendant St. Paul Fire and Marine Insurance Company’s Motion for Summary Judgment (Docket No. 9, filed June 15, 1999), with Memorandum of Reasons in Support of Motion for Summary Judgment (Docket No. 10, filed June 15, 1999) and supporting affidavit of Clive D. Martin (Docket N...
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Memorandum and Order I. Pending now before the court are the following motions: (1) Motion of the Defendant, Pasquelina Napolitano for a More Definite Statement (Docket No. 15, filed June 10,1999); (2) Motion for Court Approval of First Amended Complaint (Docket No. 17, filed June 18,1999); (3) Motion of the Defendant, Pasquelina Napolitano for More Definite Statement as to the First Am...
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ORDER AND MEMORANDUM OF DECISION Plaintiff Bangor Hydro-Electric Co. (“Plaintiff’), a Maine corporation, brings this diversity action against Defendant New England Telephone & Telegraph Co., d/b/a Bell Atlantic (“Defendant”), a New York corporation. Plaintiff alleges that Defendant was obligated to pay a certain portion of tree clearance costs incurred by Plaintiff during the January 1998...
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MEMORANDUM AND ORDER “Golf does strange things to people. It makes liars out of honest men, cheats out of altruists, cowards out of brave men and fools out of everybody.” — Milton Gross 1 I. INTRODUCTION This case arises out of a dispute over golf cleats. According to the Complaint, MacNeill Engineering Company (“MacN-eill”), a Massachusetts corporation,...
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OPINION AND ORDER This matter comes before the court on the motion of The Staywell Corporation, d/b/a Krames Communications (“Krames”), to dismiss for lack of personal jurisdiction pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure and plaintiffs motion seeking discovery on the issue of personal jurisdiction. 1 For the reasons stated below, the plaintiffs mot...
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58 F.Supp.2d 920 (1999) UNITED STATES of America, Plaintiff, v. Nicholas GIO, Defendant. No. 99 C 1618. United States District Court, N.D. Illinois, Eastern Division. August 2, 1999. *921 Gary S. Shapiro, First Assistant United States Attorney, United States Attorney's Office, Chicago, for Plaintiff. Nicholas Gio, Leavenworth, KS, Pro se. MEMORANDUM OPINION AND ORDER ALESIA, District Judge. Befo...
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MEMORANDUM OPINION This action for attorney’s fees presents a threshold jurisdictional question — unresolved in this circuit — whether a Title VII 1 claimant who settles her discrimination claims during the administrative process, but who disputes the amount of the EEOC fee award, may bring a federal action under Title VII solely for attorney’s fees. 2 For the reason...
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ORDER (1) DENYING DEFENDANTS’ MOTION FOR RECONSIDERATION; and (2) GRANTING PLAINTIFF’S MOTION TO MODIFY I. Introduction On January 20, 1999, Defendant Merrill Lynch, Pierce, Fenner & Smith, Inc. (“ML”), filed a Motion for Reconsideration of this Court’s December 22, 1998 Order denying, in part, Defendant’s motion to compel arbitration. On January 29, 1999, Plaintiff William L. Thiele...
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MEMORANDUM AND ORDER This matter is before the court upon the motion of defendant, Unified School District No. 501, for a declaration of unitary status and order of dismissal. Plaintiffs do not oppose the motion. Defendant has recounted the history of this litigation in-its motion. This history is also reviewed in other published opinions. As the facts relevant to this motion have been stated...
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ORDER (1) GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION; (2) VACATING THIS COURT’S APRIL 8, 1998 AND DECEMBER 22, 1998 ORDERS; (3) ENTERING THIS ORDER NUNC PRO TUNC TO DECEMBER 22, 1998; AND (3) GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO COMPEL ARBITRATION AND STAY THE PROCEEDINGS On September 11, 1998, Plaintiff William L. Thiele (“THIELE”) filed a Motion for Reconsider...
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58 F.Supp.2d 691 (1999) UNITED STATES of America, Plaintiff, v. Mae ROBINS, Defendant. No. CRIM.A.6:99-00042-02. United States District Court, S.D. West Virginia. Parkersburg Division. July 15, 1999. Miller A Bushong III, Charleston, W.Va., for plaintiff. Hunt L. Charael, Charleston, W.Va., for defendant. MEMORANDUM OPINION AND ORDER GOODWIN, District Judge. The defendant, Mae Robins, pleaded gu...
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MEMORANDUM OPINION Pending before the Court is the Government’s motion to depart from the United States Sentencing Guidelines (Guidelines or U.S.S.G.). The Court reads the motion as one for a downward departure based upon the defendant’s substantial assistance pursuant to U.S.S.G. § 5K1.1 and alternatively as one for a downward departure based upon the substantial assistance rendered by another...
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OPINION AND ORDER Plaintiffs Neil and Judithe Simson, who appear pro se, filed this action against defendant United States of America, seeking recovery of an alleged overpayment of federal income taxes for the 1997 tax year. Defendant has moved to dismiss (# 9) plaintiffs’ complaint under Fed.R.Civ.P. 12(b)(6) for failure to state a claim. For the reasons stated, defendant’s motion is grant...
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OPINION On January 13, 1999, this court denied in part and granted in part defendants’ Motion for Indicative Ruling and for Reconsideration ' (docket # 131), stating that it would entertain, without indicating whether it would grant or deny, defendants’ motion under FRCP 60(b) provided that the Ninth Circuit Court of Appeals remanded this case for that purpose. On February-11, 1999, the Ninth Cir...
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OPINION The question before me is whether a suit for “super-reaehback” premiums under the Coal Act, concluded by a voluntary settlement under which the defendant coal company paid $868,604 in past premiums, can now be reopened in light of the fact that the Supreme Court has since held unconstitutional the portion of the Coal Act requiring such premiums. I find that the requirements to obtain reli...
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ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Petition and other papers along with the attached Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, as well as petitioner’s objections, and has made a de novo determination. IT IS ORDERED that (1) the Report and Recommendation is ap...
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58 F.Supp.2d 576 (1999) UNITED STATES of America v. William Michael STRUBE No. 1:CR-97-0108-02. United States District Court, M.D. Pennsylvania. July 19, 1999. *577 Benjamin S. Waxman, William R. Tunkey, Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A., Miami, FL, Mark D. Lancaster, Joan M. Tiberio, Karsh & Lancaster, Pittsburgh, PA, for Defendant. Eric Pfisterer, U.S. Attorney's Office...
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58 F.Supp.2d 688 (1999) Deanna Gail TILLER, Plaintiff, v. HOBART CORPORATION, Defendant. No. 1:99CV00065. United States District Court, W.D. Virginia, Abingdon Division. August 2, 1999. B.L. Conway, II, Conway & Conway, LLC, Abingdon, VA, for plaintiff. Daniel Hill Caldwell, Penn, Stuart & Eskridge, Abingdon, VA, for defendant. OPINION AND ORDER JONES, District Judge. The question before...
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MEMORANDUM OPINION This is a diversity action in which the grantors of an educational trust allege breach of the trust agreement and breach of fiduciary duty and seek equitable relief against the trustee. (Paper No. 1). It has been referred to the undersigned for all further proceedings (Paper No. 17), and pending before the Court is the Motion of Defendant to Dismiss or, in the Alternative, ...
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58 F.Supp.2d 910 (1999) BEVERAGE INDUSTRY LOCAL NO. 744 HEALTH AND WELFARE FUND, and Beer Industry Local No. 744 Pension Fund, Plaintiffs, v. QUALITY BEERS LIMITED PARTNERSHIP, Defendant. No. 99 C 1155. United States District Court, N.D. Illinois, Eastern Division. July 28, 1999. MEMORANDUM OPINION AND ORDER CASTILLO, District Judge. In this action, Plaintiffs, Beverage Industry Local No. 744 He...
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43 F. Supp. 2d 1190 (1999) UNITED STATES of America, Plaintiff, v. Joseph G. SHENISE, Defendant. No. 98-7185-M. United States District Court, D. Colorado. March 18, 1999. *1191 Litigant's Attorney, David C. Conley, Gorsuch, Kirgis, LLP, United States District Court, Denver, CO, for Litigant Joseph G. Shenise, defendant. MEMORANDUM OPINION AND ORDER COAN, United States Magistrate Judge. Defendant...
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OPINION AND ORDER The matters before the court are 1) defendant Local 8’s motion for a stay and order to conciliate (# 7); and 2) motion to intervene as party plaintiff filed by Teresa Jones (# 13). BACKGROUND The plaintiff, the Equal Employment Opportunity Commission (the EEOC), filed this lawsuit on behalf of Teresa Jones, alleging that the defendants, Pacific Maritime Association, Marine Termin...
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60 F. Supp. 2d 581 (1999) Kay M. JOACHIM, Plaintiff, v. Bruce BABBIT, et al., Defendant. No. Civ.A. 97-434-B-M1. United States District Court, M.D. Louisiana. July 27, 1999. *582 Jeffrey Scott Wittenbrink, Baton Rouge, LA, for Kay M. Joachim, plaintiff. James L. Nelson, United States Attorney's Office, Baton Rouge, LA, for Bruce Babbit, in his capacity as Secretary of the Interior for the United ...
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DECISION AND ORDER I. BACKGROUND This action was filed pursuant to 15 U.S.C. §§ 1114, 1125(a) (“Lanham Act”) and the Pennsylvania Antidilution Law, 54 Pa.C.S.A. § 1124. Plaintiffs, A & H Sportswear Co., Inc. and Mainstream Swimsuits (together “A & H”), allege that Defendants, Victoria’s Secret Stores, Inc. (“VS Stores”) and Victoria’s Secret Cata-logue, Inc. (“VS Catalogue”) (tog...
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58 F.Supp.2d 604 (1999) Joseph M. DONLAN, Administrator of the Estate of Markeith Raekwon Ketchmore, Jr., and in His Own Right and on Behalf of His Natural Parent and Father, Keith Keon Ketchmore Plaintiff, v. Thomas J. RIDGE, in His Official and Individual Capacity, as Governor of the Commonwealth of Pennsylvania, et al. Defendants. No. Civ.A. 99-684. United States District Court, E.D. Pennsylva...
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MEMORANDUM ORDER This a motion for summary judgment on the plaintiff Jeanie Resley’s claims for excessive force, illegal search, and wrongful arrest. The defendants, members of the Russell County Sheriffs Department, have moved for summary judgment. The court has reviewed the pleadings and evidence submitted by the parties. For the reasons stated herein, the court will grant the defen...
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JUDGMENT After a hearing on the merits conducted March 15, 1999 through March 19, 1999 and in accordance with the Memorandum Ruling issued on this date, IT IS ORDERED that based upon the broad range of equitable powers available to this Court to enforce and effectuate its orders and judgment and the authority to appoint a Receiver under the Louisiana Environmental Quality Act, La.R.S...
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*581 MEMORANDUM OPINION AND ORDER I.INTRODUCTION . On January 19, 1999, the above-styled matter came before the Court for consideration of the parties’ cross-motions for summary judgment (Documents # 20 and # 23). The parties appeared by their respective counsel of record and presented oral arguments in support of their respective memoranda of law. After considering the above, the Court is of t...
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MEMORANDUM ORDER The present case involves a dispute concerning the allocation of attorney fees following nationwide litigation concerning the safety of pickup trucks. Plaintiffs Jack French, Randall Fisher, and Paul Weeks alleged that a contract existed to divide fees, according to specified percentages, among Fisher, Weeks, and the defendants. Fisher and Weeks are attorneys residing...
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58 F.Supp.2d 551 (1999) Larry MARSHAK, Plaintiff-Counterclaim Defendant, v. Faye TREADWELL, Treadwell's Drifters, Inc., and the Drifters, Inc. Defendants-Counter claimants. No. CIV. 95-3794 (NHP). United States District Court, D. New Jersey. July 30, 1999. *552 *553 Mark J. Ingber, Waters McPherson McNeill, Secaucus, NJ, for Plaintiff-Counterclaim Defendant. James P. Flynn, Epstein Becker & G...
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58 F.Supp.2d 1261 (1999) Steven W. GERIG, Plaintiff, v. KRAUSE PUBLICATIONS, INC., a Wisconsin corporation, Defendant. No. 98-1043-JTM. United States District Court, D. Kansas. July 15, 1999. *1262 Robert W. Coykendall, Susan R. Schrag, Morris, Laing, Evans, Brock & Kennedy, Chtd., Wichita, KS, for Plaintiff. Jack Focht, Foulston & Siefkin L.L.P., Wichita, KS, Andrew Jackson Gray, IV, Sim...
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60 F. Supp. 2d 1220 (1999) Robert SIMS, Plaintiff, v. BOEING CO., Defendant. No. 98-1350-JTM. United States District Court, D. Kansas. July 13, 1999. *1221 *1222 *1223 Robert Sims, Wichita, KS, pro se. Vaughn Burkholder, Jeffrey P. DeGraffenreid, Foulston & Siefkin L.L.P., Wichita, KS, for Boeing Co. MEMORANDUM ORDER MARTEN, District Judge. Sims, a pro se plaintiff, has sued the Boeing Compa...
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MEMORANDUM OPINION AND ORDER On March 23, 1999, a status and scheduling conference was held in the above-captioned criminal action. Assistant United States Attorney Brooke C. Wells appeared on behalf on the United States; Michael R. Sikora appeared on behalf of defendant Quinton Adkins and (substituting for attorney Edward K. Brass) on behalf of defendant Clarence Phillips. Mary C. Corpor...
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MEMORANDUM OPINION AND DECISION Background On April 18, 1996, the United States filed a petty offense Information charging each of the named defendants in separate counts as to each but joined for convenience with violating 36 C.F.R. § 2.17(a)(3) (1995) by “deliver[ing] persons by parachute within the Glen Canyon National Recreation Area without a permit and when not required by an emergency....
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ORDER Plaintiff Sheila Underwood, who is white, brings this lawsuit pursuant to Title VII of the- Civil Rights Act of 1964, as amended, 42 U.S.C.A. §§ 1981a, 2000e through 2000e-17, alleging that she was demoted, subjected to a hostile work environment, and constructively discharged because of her race. She names as defendants Northport Health Services, Inc., and *1293 Ta...
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*107 MEMORANDUM AND ORDER ON DEFENDANTS’ MOTION TO DISMISS This class action was brought on behalf of investors who purchased PLC Systems, Inc. (PLC) common stock and options between August 15, 1996, and July 25, 1997. *108 PLC’s principal product is The Heart Laser, an alternative to angioplasty and coronary bypass surgery. The Consolidated Amended Class Action ...
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58 F.Supp.2d 1250 (1999) Keren HERTENSTEIN, Plaintiff, v. KIMBERLY HOME HEALTH CARE, INC., Defendant. No. 98-2369-JTM. United States District Court, D. Kansas. July 12, 1999. *1251 Sarah A. Brown, Sharon A. Coberly, Coberly & Brown, Overland Park, KS, for Plaintiff. Carl A. Gallagher, Lawrence D. Greenbaum, Juliann Johnson, McAnany, Van Cleave & Phillips, Kansas City, KS, for Defendants. ...
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58 F.Supp.2d 1217 (1999) Joel D. YATES, II, and Jeffrey Goetzinger, for and on behalf of themselves and other employees similarly situated, Plaintiffs, v. WAL-MART STORES, INC., a Delaware corporation, and Benny Jones and Kathy Seiler, individually and as representatives of all other District and Regional Managers similarly situated, Defendants. No. CIV.A. 97-Z-257. United States District Court, ...
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58 F.Supp.2d 1219 (1999) In re WAL-MART STORES, INC., Fair Labor Standards Act Litigation. Billy Presley, Cindy Wacaster, and Jerry Archuleta, for and on behalf of themselves and other employees similarly situated, Plaintiffs, v. Wal-Mart Stores, Inc., a Delaware corporation, Defendant. Michael Fiorenzi, Plaintiff, v. Wal-Mart Stores, Inc., et al., Defendants. MDL No. 1139. Nos. CIV.A. 95-Z-1705,...
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MEMORANDUM REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Docket No. 20) Laurence Cherkis (“Plaintiff’) seeks redress for damage to a sculpture allegedly destroyed while being transported by Atlas Van Lines, Inc. (“Defendant”). In a motion for summary judgment, Defendant asserts that Plaintiffs claim is barred because he did not meet the nine month time limit set forth in Defendan...
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*562 MEMORANDUM OPINION AND ORDER Plaintiff David Servin has filed a complaint against Defendant GATX Logistics, Inc., alleging discrimination on the basis of race/national origin (Hispanic) and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e) et seq. Defendant has moved for summary judgment, arguing that plaintiff has not demonstrated a prima facie case...
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58 F.Supp.2d 917 (1999) Marilyn BROADNAX, as Independent Administrator of the Estate of Franco JACKSON, deceased, Plaintiff, v. ABF FREIGHT SYSTEMS, INC., et al., Defendants. No. 96 C 1674. United States District Court, N.D. Illinois, Eastern Division. July 30, 1999. Douglas W. Bristol, Chicago, IL, for Plaintiff. Thomas E. Patterson, Hickey, Driscoll, Kurfirst, Patterson & Melia, Chicago, IL...
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54 F.Supp.2d 1328 (1999) UNITED STATES of America, Plaintiff, v. Michael A. FAVORS, Michael Green and Frank McMillan, Defendants. No. Civ.A.1:99-CR-48-TWT. United States District Court, N.D. Georgia, Atlanta Division. July 1, 1999. Stephanie Elaine Gabay-Smith, Office of U.S. Atty., Atlanta, GA, for U.S. Stanley M. Baum, Bates & Baum, Atlanta, GA, for Michael A. Favors, defendant. Patrick Fra...
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MEMORANDUM OPINION I. INTRODUCTION This case is before the court on Cross-Motions for Summary Judgment. Defendant Sheriff Neeley Strength (“Sheriff Strength”) filed his Motion for Summary Judgment (Doc. #35) on June 1, 1999. Plaintiff Leslie H. Moates (“Moates”) responded to that motion and filed his Cross-Motion for Summary Judgment (Doc. #38) on June 10, 1999. Sheriff Strength also frie...
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52 F.Supp.2d 45 (1999) FEDERAL ELECTION COMMISSION, Plaintiff, v. The CHRISTIAN COALITION, Defendant. No. CIV. A. 96-1781(JHG). United States District Court, District of Columbia. August 2, 1999. *46 *47 Robert William Bonham, III, Lawrence Mark Noble, Richard Blair Bader, Stephen E. Hershkowitz, Erin K. Monaghan, Holly J. Baker, Federal Election Com'n, Washington, DC, for Federal Election Com'n....
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79 F. Supp. 2d 1169 (1999) UNITED STATES of America, Plaintiff, v. Glen D. BELL, et al., Defendants. No. CV-F-95-5346 OWW SMS. United States District Court, E.D. California. July 20, 1999. *1170 G Patrick Jennings, United States Department of Justice, Tax Division, Washington, DC, for plaintiff. Glen D. Bell, Modesto, CA, pro se. Jeanette Bell, Modesto, CA, pro se. Alan Richard Coon, Bray Geiger ...
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*117 OPINION & ORDER Plaintiff brought this action seeking, among other things, specific performance *118 of an alleged offer of a Harrier Jet, featured in a television advertisement for defendant’s “Pepsi Stuff’ promotion. Defendant has moved for summary judgment pursuant to Federal Rule of Civil Procedure 56. For the reasons stated below, defendant’s motion is gran...
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ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY ADJUDICATION THAT PLAINTIFF IS NOT ENTITLED TO EXPECTANCY DAMAGES I. INTRODUCTION Defendant Pacific Gas & Electric Company (“PG & E”) moves for partial summary adjudication that Plaintiff Randy Au-ble is entitled only to reliance damages on his claims for fraud and violation of California Labor Code § 970, pursuant to Rule 54(b), ...
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MEMORANDUM OF DECISION AND ORDER Harvey Katzowitz (“Katzowitz” or the “plaintiff’) initiated this lawsuit against the defendant, the Long Island Rail Road (“LIRR”r the “defendant”), after he allegedly fell while exiting a train at the station located in Inwood, New York (the “Inwood Station”), resulting in a fracture of a bone in his leg. Katzowitz, who states that he was “blinded” in an unre...
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OPINION Plaintiff, an employee medical services fund, claims that defendants controlled Saleo Trucking Corporation and wrongfully withheld that corporation’s payments to the fund. In a prior action, plaintiff won a judgment holding the corporation liable for delinquent contributions to the fund. In the present action, plaintiff seeks to hold defendants liable for their role in the Sal...
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60 F. Supp. 2d 819 (1999) ARCHER DANIELS MIDLAND COMPANY, a Delaware Corporation, Plaintiff, v. Mark W. WHITACRE, Defendant. No. 96-CV-2237. United States District Court, C.D. Illinois, Danville/Urbana Division. August 5, 1999. *820 *821 Laurie S. Fulton, Williams & Connolly, Washington, DC, A. James Shafter, Kehart, Shafter & Webber, Decatur, IL, for Plaintiff. Bill T. Walker, Law Office...
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MEMORANDUM OPINION AND ORDER Before the court are petitioner Alex Blankenship’s (1) motion for limited discovery pursuant to Rule 6 of the Rules Governing § 2254 Cases in the United States District Courts and (2) petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the following reasons, the court denies petitioner’s Rule 6 motion and § 2254 petition and dismisses this actio...
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PRELIMINARY MEMORANDUM AND ORDER Defendants’ motions to dismiss the complaints in these two cases are denied. A more extensive memorandum will follow this preliminary memorandum and order as soon as work permits. See 74 F.Supp.2d 221 (E.D.N.Y.1999). I. FACTS A. Plaintiffs’ Original Claims These two cases involve claims by medical providers to be compensated f...
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57 F. Supp. 2d 1210 (1999) NATIONAL MINORITY SUPPLIER DEVELOPMENT COUNCIL BUSINESS CONSORTIUM FUND, INC., Plaintiff, v. THE FIRST NATIONAL BANK OF OLATHE, Defendant. No. 98-2505-JWL. United States District Court, D. Kansas. July 30, 1999. *1211 William F. High, James D. Griffin, Blackwell Sanders Peper Martin LLP, Overland Park, KS, for National Minority Supplier Development Council Business Cons...
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58 F.Supp.2d 1287 (1999) LITITZ MUTUAL INSURANCE CO., Plaintiff, v. ROYAL INSURANCE COMPANY OF AMERICA, Defendant. No. 98-2256-JWL. United States District Court, D. Kansas. July 23, 1999. *1288 James H. Ensz, Ensz & Jester, P.C., Kansas City, MO, for Lititz Mutual Insurance Company, plaintiff. Paul P. Hasty, Jr., Wallace, Saunders, Austin, Brown & Enochs, Chartered, Overland Park, for Roy...
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ORDER Before the Court is Defendant Clorox de Puerto Rico, Inc.’s (“Clorox”) Motion to Dismiss and/or for Stay of Proceedings (docket No. 8) and Plaintiff Rafael Rodriguez’s (“Rodriguez”) Opposition thereto (docket No. 10). For the reasons set forth below Clorox’s Motion is hereby DENIED. I. BACKGROUND Prior to filing the Complaint with this Court in the above-captioned case, Pl...
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61 F. Supp. 2d 1196 (1999) UNITED STATES of America, Plaintiff, v. Marvin G. SCHWAB, Daniel A. Schwab, and Vance S. Schwab, Defendants. No. 98-CR-076-J. United States District Court, D. Wyoming. July 28, 1999. *1197 *1198 Robert B. Carroll, Cheyenne, WY, for Marvin G. Schwab, defendant. G. Kevin Keller, Cheyenne, WY, Lowell H. Becraft, Jr., Huntsville, AL, for Daniel A. Schwab, defendant. James K...
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58 F.Supp.2d 1101 (1999) Robert MacDOUGAL, Robert Freiler and Robert Ludlow, Plaintiffs, v. CATALYST NIGHTCLUB, Randall Kane dba the Catalyst Nightclub, Defendants. No. C 96-3991 MJJ. United States District Court, N.D. California. July 21, 1999. *1102 Paul L. Rein, Timothy S. Thimesch, Law Offices of Paul L. Rein, Oakland, for Plaintiffs. Paul P. Burdick, Dunlap & Burdick PC, Santa Cruz, CA, ...
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58 F.Supp.2d 1232 (1999) Alex S. McCAULEY, Plaintiff, v. UNITED STATES of America, Defendant. No. 98-2538-JWL. United States District Court, D. Kansas. June 2, 1999. *1233 Jeffrey Axelrad, Paul F. Figley, U.S. Department of Justice Civil Division, Washington, DC, Jean Paul Bradshaw, II, Lathrop & Gage L.C., Kansas City, MO, for Alex S McCauley, plaintiffs. MEMORANDUM AND ORDER LUNGSTRUM, Dis...
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58 F.Supp.2d 1276 (1999) Melba A. TILMON, Plaintiff, v. DILLARD'S DEPARTMENT STORES, Defendant. No. 97-2234-JWL. United States District Court, D. Kansas. July 16, 1999. *1277 *1278 Dennis E. Egan, The Popham Law Firm, Kansas City, MO, John M. Klamann, Dirk L. Hubbard, Overland Park, KS, Michael R. Fletcher, Sanders & Simpson, P.C., Kansas City, MO, for Plaintiff. Melba A. Tilmon, Kansas City,...
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ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT This case concerns the denial by the Board of County Commissioners of Jefferson County, Colorado (Board) of the plaintiffs’ application for a special use permit for Sprint Spectrum, L.P. (Sprint) to locate a telecommunications pole on the property of plaintiffs James T. Grosvenor and Sharon Grosvenor (Grosvenors). The parties’ cross-motions for ...
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OPINION AND ORDER I. Introduction and Background Before the Court is Defendant Pershing’s Motion to Dismiss, or in the Alternative, to Stay Court Proceedings and Compel Arbitration, with Accompanying Memorandum of Law (docket No. 52), Plaintiffs’ Motion in Opposition to Defendant Pershing!s Motion to Dismiss of May 26, 1999 (docket No. 54), Defendant Clark Melvin Securities Corpo...
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ORDER This matter comes before the court on the defendants’ motion to dismiss. The court conducted a hearing on this matter on June 23, 1999, at which Dee Chambers and Keith Kelly represented the plaintiffs, and Renee Spooner represented the State Board of Education arid other defendants. Having considered the arguments of counsel, the submissions of the parties, and applicable legal auth...
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58 F.Supp.2d 1293 (1999) BRAINTREE LABORATORIES, INC., Plaintiff, v. NEPHRO-TECH, INC., et al., Defendants. No. 96-2459-JWL. United States District Court, D. Kansas. July 23, 1999. *1294 Craig T. Kenworthy, Swanson, Midgley, Gangwere, Kitchin & McLarney, LLC, Kansas City, MO, Arthur A. Smith, Jr., Boston, MA, Allen R. Slater, Judge, Olathe, KS, for Braintree Laboratories, Inc., plaintiffs. Ma...
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60 F. Supp. 2d 1189 (1999) BATTENFELD OF AMERICA HOLDING COMPANY, INC., SMS Capital Corp. and SMS Finance Corp., Plaintiffs, v. BAIRD, KURTZ & DOBSON, Defendant/Third-Party Plaintiff, v. Friedrich Theysohn GmbH et al., Third-Party Defendants. No. 97-2336-JWL. United States District Court, D. Kansas. July 13, 1999. *1190 *1191 *1192 Randall E. Hendricks, Phillip G. Greenfield, Scott M. Brinkma...
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59 F.Supp.2d 1312 (1999) Hugh COLLINS, et al., Plaintiffs, v. INTERNATIONAL DAIRY QUEEN, et al., Defendants. No. 5:94-CV-95-4 (WDO). United States District Court, M.D. Georgia, Macon Division. August 5, 1999. William Camp Harris, John Elvis James, Lisa Neill-Beckmann, Macon, GA, Diane Green Smith, Lee Abrams, Chicago, IL, for Plaintiffs. Emmet J. Bondurant, II, Atlanta, GA, Benjamin M. Garland, F...
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60 F. Supp. 2d 785 (1999) McDONALD'S LICENSEE PROTOTYPE WELFARE PLAN, The National Operators Advisory Board, Inc., and McDonald's Corporation, Plaintiffs, v. BOLDT, INC., Defendant. No. 98 C 4879. United States District Court, N.D. Illinois, Eastern Division. August 2, 1999. *786 Louis M. Rundio, Jr., McDermott, Will & Emery, Chicago, IL, for plaintiffs. John R. Garofalo, Rory D. Cassidy, Kie...
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MEMORANDUM-DECISION and ORDER I.INTRODUCTION The plaintiff, Concetta Copeland (“Copeland” or “plaintiff’), is a resident of Camil-lus, New York, located within the Northern District of New York, and brings this action pursuant to the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1461 (“ERISA”). The defendant Geddes Federal Savings & Loan Association Retirement In...
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MEMORANDUM AND ORDER On June 8, 1999 a jury found defendant Charles Schwarz guilty of conspiring to violate, and violating, • the civil rights of Abner Louima. Schwarz has moved for a new trial pursuant to Rule 33 of the Federal Rules of Criminal Procedure, and for release on bail pending sentencing and appeal of his conviction pursuant to 18 U.S.C. § 3143(a) and (b). I Schwarz seeks a new ...
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MEMORANDUM OPINION This matter comes before the Court on Plaintiffs Partial Motion for Summary Judgment [# 35] and Defendant AVCO Financial Services’ (“AVCO”) Cross-Motion for Summary Judgment [# 34]. 1 Plaintiff, Gladys Wiggins, brings this action pursuant to the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601, et seq., and the District of Columbia Consumer Prot...
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MEMORANDUM OPINION Federal inmate Troy James was denied a reclassification from a high security level to a medium one, and a relocation from a United States Penitentiary to a Federal Correctional Institution. He filed this action for damages, pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), for violations of his Fifth and Eighth Amendment r...
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58 F.Supp.2d 743 (1999) Jeffrey SHANKS, v. HERCULES OFFSHORE CORPORATION. No. Civ.A. G-98-485. United States District Court, S.D. Texas, Galveston Division. July 29, 1999. Kenneth Ross Citti, Citti & Crinion, Houston, TX, for Ross Citti, mediator. Edward D Vickery, Royston Rayzor Vickery & Williams, Houston, TX, for Ed Vickery, mediator. *744 Stephen Kurt Siess, Clark Depew & Siess, H...
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MEMORANDUM OPINION This pro se 42 U.S.C. § 1983 action presents an issue of first impression in this circuit, namely whether inmates asserting excessive force claims are required, pursuant to 42 U.S.C. § 1997e(a), to exhaust their administrative remedies. For the *323 reasons that follow, § 1997e(a)’s broad exhaustion requirement extends to inmates asserting ex...
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ORDER GRANTING APPLICATION FOR WRIT OF HABEAS CORPUS; GRANTING MOTION TO VACATE APRIL 9, 1999 ORDER; VACATING JUDGMENT INTRODUCTION Pending before the Court is petitioners’ Application for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (the “Application”). By this Application, petitioners mount an “as applied” challenge to the constitutionality of Immigration and Nationality Ac...
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ORDER Pending before the Court is the Motion for Summary Judgment filed by defendant Academy Corp. (“Academy”). After reviewing the motion, the submissions, and the applicable law, the Court has determined that motion should be granted. Plaintiff is a 42-year old male who has had epilepsy since he was 5 years old. Since the age of five, he has taken medication to control his epilepsy. Altho...
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DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION (DOC. # 17); DEFENDANTS TO BE PRELIMINARILY ENJOINED FROM ENFORCING ORDINANCE PROVISIONS; BOND SET; TEMPORARY RESTRAINING ORDER SET ASIDE; CONFERENCE CALL SET TO DETERMINE FURTHER PROCEDURES This matter comes before the Court upon the Plaintiffs Motion for a Preliminary Injunction ...
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47 F. Supp. 2d 723 (1999) Randy M. McCALL, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. Civ.A. 1:98-0217. United States District Court, S.D. West Virginia. March 24, 1999. *724 Deborah K. Garton, Hensley, Muth, Garton & Hayes, Bluefield, WV, for Randy M. McCall, plaintiff. Rebecca A. Betts, United States Attorney, Charleston, WV, Michael L. Keller, Assistant...
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MEMORANDUM AND ORDER This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 by an inmate of the United States Disciplinary Barracks, Fort Leavenworth, Kansas. In general, petitioner claims that military prison authorities “misapplied” regulations governing good time credits in calculating the time he must serve following violation of parole, and have “illegall...
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DECISION AND ORDER Pursuant to 28 U.S.C. § 636(e), the parties consented to have the undersigned conduct any and all further proceedings in this case including entry of final judgment (Item 23). Plaintiff commenced this action alleging sexual harassment in violation of Title VII, 42 U.S.C. § 2000e-2(a)(l), § 296 of the New York Human Rights Law, and the Equal Protection Clause of the 14th Amendmen...
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DECISION AND ORDER Pursuant to 28 U.S.C. § 636(c), the parties have consented to have the undersigned conduct all proceedings in this case, including the entry of final judgment (Item 19). Following a jury verdict in favor of the plaintiff, defendant Massey-Ferguson appealed to the Second Circuit Court of Appeals. The Second Circuit vacated the final judgment and remanded the case for a n...
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DECISION AND ORDER The parties have consented to have the undersigned conduct all further proceedings in this case, including trial and entry of judgment, in accordance with 28 U.S.C. § 636(c). Defendants have filed a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. In response to defendants’ motion, plaintiff filed a cross-motion for summary judgme...
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ORDER Plaintiffs counsel in the above referenced matter moves for attorneys fees and expenses (Items 85, 89). Defendants move fer a thirty day extension in which to file a Notice of Appeal (Item 93). Both motions were argued on May 20, 1999, and both parties were given an opportunity to submit supplemental papers on the motion for attorney’s fees. For the reasons set forth below, pla...
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DECISION AND ORDER I. Background On April 23, 1997, Dexter Joseph filed a petition for a writ of habeas corpus in United States District Court, Southern District of New York, challenging his 1991 conviction in New York State Supreme Court, New York County, for murder in the second degree (New York Penal Law § 125.25[1], [2]), attempted murder in the *238 seco...
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DECISION AND ORDER Luis Gomez-Ortiz pled guilty March 29, 1999 to unlawful reentry into the United States in violation of 8 U.S.C. § 1326. Gomez-Ortiz waived indictment and has accepted his guilt, but he and the government do not agree on how much time he should spend in prison before being deported back to Mexico. The base offense level for unlawful reentry is 8 points, with an additional ...
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ORDER Plaintiff the United States of America (“Plaintiff’) has brought suit against Defendant Kenneth G. Dwelley (“Defendant”) to recover amounts owed on his student loans. Before the Court is Plaintiffs Motion for Summary Judgment. For the reasons outlined below, the Motion is GRANTED. I. SUMMARY JUDGMENT Summary judgment is appropriate in the absence of a genuine issue as to any material ...
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ORDER This case involves a high-stakes struggle over gambling off the coast of Cape Cod in the waters of Nantucket Sound. Plaintiff Leisure Time Cruise Corporation (“Leisure Time”) has moved for a preliminary injunction enjoining the defendants from interfering with its operation of a gambling boat, a so-called “cruise to nowhere,” out of Hyannis Harbor. Because state regulation of ga...
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OPINION & ORDER Defendant Edsel Torres Gómez was arrested on April 8, 1998 and charged with violations of 18 U.S.C. § 922(o) and 924(c)(1) and 21 U.S.C. §§ 841, 846, and 848. On April 21, 1998, a Grand Jury for the District of Puerto Rico rendered an indictment charging the defendant with violations of 21 U.S.C. §§ 841, 846, and 848. The Court was then informed on May 8, 1998 that thi...
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ORDER In the present case, plaintiff Carl Palermo (“Palermo”) filed a complaint in the Carolina Superior Court, Commonwealth of Puerto Rico against defendant Fred Abrams, on December 1, 1998. (“Abrams”). Palermo claims that he retained Abrams as an attorney to handle a case before the federal district court in Puerto Rico. According to the complaint, Abrams spent approximately $150,000 in...
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MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S MOTION TO CONFIRM ARBITRATION AWARD TABLE OF CONTENTS I. INTRODUCTION. . 00 A. Background Findings of Fact. OO B. Procedural Background. OO II. LEGAL ANALYSIS.870 A. Subject Matter Jurisdiction.870 B. Conñrmation Or Vacation Of The Arbitration Award .873 1. App...
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MEMORANDUM AND ORDER I. Introduction Gail Frances, Inc. (“GFI”) is a small Rhode Island company that helps put the “ocean” in the Ocean State. Through its fishing tour business, GFI allows people to enjoy one of the coastal activities that this state has to offer. When GFI needed new diesel engines for its two boats, the LADY FRANCES and the GAIL FRANCES, it *513 ...
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OPINION AND ORDER This litigation embodies the classic struggle between employer and union. In this labor dispute, like in many others that escalate to such a dramatic level of contention, the former is committed to operating on a non-union basis while the latter is equally devoted to challenging that employer’s labor policy. Economic philosophies clashed. An often personal battle of ...
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT This matter is before the court on defendant’s Motion for Partial Summary Judgment. Plaintiffs claim for simple negligence is not subject to this motion. Plaintiff concedes her claims for negligent hiring and negligent retention. Defendant moves for summary judgment on the claims for negligent t...
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61 F. Supp. 2d 1177 (1999) Anna NIETO, Betty Delossantos, Patrick Sanchez, Sally Netsch, Phyllis DeBaun, and Mary Gonzales, Plaintiffs, v. Qudrat KAPOOR, Defendant. No. CIV. 96-1225 MV/JHG. United States District Court, D. New Mexico. August 4, 1999. *1178 *1179 Randy K. Clark, Roswell, NM, Kathryn A. Hammel, Cates & Hammel, PC, Los Lunas, NM, Tandy L. Hunt, Roswell, NM, *1180 for Anna Nieto,...
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SENTENCING MEMORANDUM Jorge Juan (“Juan”) pleaded guilty to Conspiracy to Possess with Intent to Distribute Cocaine in violation of 21 U.S.C. § 846, and four counts of Possession with Intent to Distribute Cocaine in violation of 21 U.S.C. § 841(a). The plea agreement reserved only one issue to be litigated— whether the sentence would be increased under U.S.S.G. § 2Dl.l(b)(l) because o...
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MEMORANDUM AND ORDER I. Introduction This action involves a dispute over an agreement to sell donuts in England between Dunkin’ Donuts, Inc. (“Dunkin’ Donuts”), and DD UK, Ltd. (“DD UK”). Dunkin’ Donuts brought an action in English court against DD UK on December 22, 1997. When DD UK and Robert F. Goldhammer, a director and majority *250 shareholder active in man...
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MEMORANDUM REGARDING DEFENDANT’S MOTION TO DISMISS AND PLAINTIFFS’ MOTION FOR ATTORNEYS’FEES (Docket Nos. 86 & 97) /. INTRODUCTION This case raises an issue of first impression within the First Circuit, and one that has bedeviled other Courts of Appeals: whether an individual seeking a remedy for straightforward violations of the Individuals with Disabilities Educati...
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OPINION AND ORDER Defendants Angel Mora-Cabrera, a/k/a “Ramón De La Cruz,” 1 Alberto Ramón, Edgardo Vélez-Saldaña, and José A. Cede-ño-Castillo 2 were arrested without a warrant on March 29, 1998, in connection with the seizure of approximately 953.9 kilograms of cocaine in Guayama, Puerto Rico. On April 21, 1998, they were indicted with aiding and abetting each other in the possession with...
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MEMORANDUM OPINION AND ORDER Defendant Emiro Vergara, awaiting sentence following a plea of guilty to a narcotics charge, moves the Court for an order compelling the government to make a motion on Vergara’s behalf pursuant to § 5K1.1 of the United States Sentencing Guidelines (“USSG”) and 18 U.S.C. § 3553(e), thereby empowering the Court to make a downward departure from the USSG rang...
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ORDER AND MEMORANDUM OF DECISION Plaintiff J & S Oil, Inc. (“Plaintiff’) brings this antitrust action against Defendant Irving Oil Corp. (“Defendant”) alleging predatory price discrimination in violation of 15 U.S.C. § 13(a) (Count I) and unfair trade practices in violation of 15 U.S.C. § 45 (Count II). To these counts, Plaintiff appends state law claims for interference with business rel...
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58 F.Supp.2d 1140 (1999) Leon H. POGUE, Petitioner, v. John M. RATELLE, Respondent. No. 98-CV-922 K(LAB). United States District Court, S.D. California. July 30, 1999. Leon Heinz Pogue, San Diego, CA, pro se. Attorney General, State of Cal., San Diego, CA, for Respondent. ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION DENYING THE PETITION FOR WRIT OF HABEAS CORPUS AND DENYING MO...
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MEMORANDUM Plaintiffs, individuals residing in Illinois, allege'that Defendants Credit Control Collection Services (CCS), a Delaware corporation doing business in Massachusetts, and Gerald Sands, CEO of CCS, violated § 1692e, subsections (5) and (10) of the Fair Debt Collection Practices Act (FDCPA), and Massachusetts General Laws by engaging in unfair and deceptive debt collection pr...
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OPINION This opinion resolves three motions pending before the Court: the defendants’ motion to dismiss the original complaint (Dkt. No. 20), the plaintiffs motion to amend the complaint (Dkt. No. 35), and the defendants’ motion to dismiss the new counts added by the amended complaint (Dkt. No. 46). The Court concludes that the plaintiff has failed to set forth claims upon which relie...
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*218 OPINION This Opinion will briefly elaborate a ruling, made by the Court during the recently-completed trial of this case, that allowed the Government to introduce as evidence of the charged conspiracy the prior allocu-tions of the defendant’s co-conspirators in pleading guilty to the same conspiracy charge. Such proffers are common in this District. The Government typically argues th...
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MEMORANDUM AND ORDER This is a securities fraud action brought on behalf of persons who purchased the common stock of Pegasystems, Inc. (“Pe-gasystems”) between July 2, 1997 and October 29, 1997 (“the Class Period”). The plaintiffs (collectively, “Chalverus”) allege violations of sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and. Rule 10b-5 promulgated thereunder by ...
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59 F.Supp.2d 816 (1999) COUSINS SUBS SYSTEMS, INC., Plaintiff, v. Michael R. McKINNEY, Defendant/Third-Party Plaintiff, v. David K. Kilby and Daniel J. Sobiech, Third-Party Defendants. No. 98-C-550. United States District Court, E.D. Wisconsin. August 5, 1999. *817 Frederick Cohen, Mark Schmitt, for plaintiff. Richard Carlson, for defendant. ORDER ADELMAN, District Judge. This is a diversity act...
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MEMORANDUM OPINION AND ORDER ON DEFENDANT’S MOTION TO DISMISS AND FOR SUMMARY JUDGMENT Plaintiff Superior FCR Landfill, Inc. (“Superior”) brought this action against Wright County (“the County”) asserting a number of federal and state-law claims. Superior owns a landfill within the County that it had sought to expand to an adjoining piece of property. It alleges that the County’s enactmen...
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ORDER REVERSING BANKRUPTCY COURT’S ORDER GRANTING DEBTOR’S EMERGENCY MOTION RE VIOLATION OF ORDER CONFIRMING PLAN This is an appeal by the United States (the “IRS”) from a September 23, 1997 order of the United States Bankruptcy Court for the Central District of California. 1 This court has appellate jurisdiction pursuant to 28 U.S.C. § 158(b) and (c). The appeal charges that t...
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48 F. Supp. 2d 453 (1999) UNITED STATES of America v. Joseph BUTCH. Criminal No. 98-390. United States District Court, D. New Jersey. May 3, 1999. *454 *455 Faith S. Hochberg, U.S. Attorney, William J. Hughes, Jr., Jeremy D. Frey, Assistant U.S. Attorneys, Camden, NJ, for U.S. Mark W. Catanzaro, Law Offices of Mark W. Catanzaro, Moorestown, NJ, for Joseph Butch. OPINION ORLOFSKY, District Judge....
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ORDER Joseph Mitchell Parsons, petitioner in this court who sought a writ of habeas corpus under 28 USC § 2254, has made a motion to discharge counsel, forego further federal remedies, and undergo execution. The magistrate judge, after extensive hearing, made a report and recommendation that the petitioner’s motion be granted. This court has previously denied the petitioner’s petition.for...
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58 F.Supp.2d 1235 (1999) Robert B. ROGERS, Successor Executor for the Estate of Ewing M. Kauffman, et al., Plaintiffs, v. UNITED STATES of America, Defendant. No. 97-2666-JWL. United States District Court, D. Kansas. June 10, 1999. *1236 Kelley D. Sears, M. Kevin Underhill, Stanley P. Weiner, Susan A. Berson, Shook, Hardy & Bacon L.L.P., Kansas City, MO, Eric T. Mikkelson, Sylvan Siegler, Sho...
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85 F. Supp. 2d 1047 (1999) UNITED STATES of America, Plaintiff, v. Dan ANDERSON (01), Robert C. LaHue (03), Ronald H. LaHue (04), Dennis McClatchey (06), Defendants. Nos. 98-20030-01-JWL, 98-20030-03-JWL, 98-20030-04-JWL and 98-20030-06-JWL. United States District Court, D. Kansas. July 21, 1999. *1048 *1049 *1050 *1051 Keith E. Drill, Ronald D. Lee, Jacqueline A. Cook, James R. Wyrsch, David A. ...
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47 F. Supp. 2d 523 (1999) LITHUANIAN COMMERCE CORPORATION, LTD., Plaintiff and Counterclaim Defendant, v. SARA LEE HOSIERY, Sara Lee Hosiery International, Sara Lee International and Sara Lee Corporation, Defendants and Counterclaim Plaintiffs, v. Algis Vasys and Laima Zajanckauskiene, Additional Counterclaim Defendants. Civil Action No. 96-1949. United States District Court, D. New Jersey. April...
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60 F. Supp. 2d 574 (1999) Kimberly MILLER, Plaintiff, v. AT & T, A Foreign Corporation, Defendant. No. Civ.A. 2:98-0808. United States District Court, S.D. West Virginia, Charleston Division. August 9, 1999. *575 Mike Kelly, Charleston, WV, Lonnie C. Simmons, Law Office of P. Rodney Jackson, Charleston, WV, for plaintiff. William E. Robinson, Michael A. Kawash, Robinson & McElwee, Charles...
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58 F.Supp.2d 1013 (1999) James LARSON, Plaintiff, v. FARMERS COOPERATIVE ELEVATOR OF BUFFALO CENTER, IOWA, an Iowa cooperative, and Farmers Co-operative Company, Ledyard, Iowa, an Iowa cooperative, Defendants. No. C 96-3138-MWB. United States District Court, N.D. Iowa, Central Division. August 5, 1999. David L. May, Hawkins & Norris, Des Moines, IA, for Plaintiff. Richard K. Updegraff, Brown,...
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION FOR SANCTIONS Plaintiff in this action seeks $5 million in damages for defendant’s alleged breach of a distributorship agreement. Before me is a motion by defendant to dismiss the complaint on the ground that it is barred by collateral estoppel and/or res judicata. The matter comes be...
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT DISMISSING THE COMPLAINT This matter, in which plaintiff asserts claims of defamation, malicious prosecution, civil conspiracy and hostile work environment (all under New York law), was to have been tried to the Court on July 19, 1999. Because it was to be a bench trial, and a short one at that, I deferred considerat...
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61 F. Supp. 2d 471 (1999) Marvin Edward JENNINGS, Petitioner, v. PAROLE BOARD OF VIRGINIA, Respondent. No. Civ.A. 98-742-AM. United States District Court, E.D. Virginia, Alexandria Division. August 9, 1999. Marvin Edward Jennings, petitioner pro se. Matthew P. Dulligan, Assistant Attorney General, Richmond, Virginia, for respondent. ORDER ELLIS, District Judge. Petitioner, a Virginia inmate proc...
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79 F. Supp. 2d 1180 (1999) Charles MURPHY, Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant. No. CIV. 98-186 ACK. United States District Court, D. Hawaii. July 14, 1999. *1181 Charles Murphy, Keaau, HI, pro se. Michael Chun, Office of the United States Attorney, Honolulu, HI, R. Scott Clarke, U.S. Dept of Justice, Trial Attorney, Tax Division, Washington, DC, for United States of America, Intern...
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MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT TABLE OF CONTENTS I.INTRODUCTION. OO 00 A. Procedural Background. OO 00 B. Factual Background. CO 00 II.LEGAL ANALYSIS. Q A. Standards For Summary Judgment. O) B. Direct Evidence Of Discrimination 1. The “direct evidence”paradigm. H ...
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MEMORANDUM RULING Pending before this Court is a motion for summary judgment [docket sheet item 9] filed on behalf of defendant South Carolina Insurance Company pursuant to Federal Rule of Civil Procedure 56. For the reasons stated below, Defendant’s Motion for Summary Judgment is GRANTED, and Plaintiffs claims against it are DISMISSED WITH PREJUDICE. STATEMENT OF THE CASE ...
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44 F.Supp.2d 129 (1999) Jessica MEANS v. SHYAM CORPORATION. Civil No. 97-212-JM. United States District Court, D. New Hampshire. January 27, 1999. *130 Steven M. Latici, McKean, Mattson & Latici, P.A., for plaintiff. John F. Bisson, Wenger & Cronin, PC, Manchester, NH, for defendant. Charles Estes, Laconia, NH, pro se. ORDER MUIRHEAD, United States Magistrate Judge. Plaintiff in this Tit...
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88 F. Supp. 2d 851 (1999) Andrew J. MURPHY, Plaintiff, v. AVON PRODUCTS, INC., Defendant. No. 99 C 2770. United States District Court, N.D. Illinois, Eastern Division. August 4, 1999. *852 Albert Brooks Friedman, Law Offices of Albert Friedman, Chicago, IL, for Plaintiff. Stephen J. Landes, Holleb & Coff, Chicago, IL, John Todd Shapiro, Freeborn & Peters, Chicago, IL, for Defendant. MEMO...
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MEMORANDUM AND ORDER Pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132, plaintiff Maxine Todd seeks review of the denial of her claim for disability benefits under an employee Disability Benefits Plan issued by defendant Citibank, N.A. (“Citibank”) and administered by defendant Aetna Life Insurance Company (“AETNA”) (named here as Aet-na Health Pl...
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MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT DISMISSING THE COMPLAINT According to the undisputed facts of this Medicare reimbursement case, Patrick J. Murphy’s deceased wife, Marilyn, fell ill in Naples, Florida, on February 18, 1990. She was admitted to Naples Community Hospital on that day and transfe...
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MEMORANDUM OPINION AND ORDER At issue before the court is Defendant’s, Chicago School Reform Board of Trustees (“the Board”) Motion to Dismiss Plaintiffs, Betty Jean Porter (“Porter”) Complaint pursuant to Fed.R.Civ. 12(b)(6). For the reasons set forth below, the Board’s Motion is granted. BACKGROUND The following relevant facts are set forth in this court’s prior opinion in the cause of Nove...
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MEMORANDUM OPINION AND ORDER Riccardo Mora sued the Chicago Tribune (the “Tribune”) for racial discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Mora alleges that the Tribune terminated him because he is Mexican-Ameriean, and because he filed a charge of discrimination with both the Illinois Department of Human Rights ...
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58 F.Supp.2d 925 (1999) HULL 753 CORPORATION, Plaintiff, v. ELBE FLUGZEUGWERKE GmbH a/k/a Daimler-Chrysler Aerospace, and Sogerma-Socea, Defendants. No. 99 C 2959. United States District Court, N.D. Illinois, Eastern Division. August 3, 1999. *926 Rene A. Torrado, Jr., Chad Allen Schiefelbein, Vedder, Price, Kaufman & Kammholz, Chicago, IL, for Hull 753 Corporation, a Delaware corporation, pl...
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Plaintiff Gerald Harrison (“Harrison”) brings this action alleging that his erstwhile employer, defendant Arlington Central School District (the “District”), discriminated against him on the basis of his race. Harrison was a bus driver/custodial worker for the District from November 1986 to March 1997. He was i...
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DECISION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS THE COMPLAINT AND DENYING PLAINTIFF’S MOTION FOR CLASS CERTIFICATION In 1995, Patricia Paciello applied for disability benefits to which she alleged entitlement under a long term disability policy issued by defendant UNUM Life Insurance Company of America (“UNUM”) to her em*203ployer, Silhouette Optical Ltd. By letter dated December 28, 19...
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DISMISSING THE AMENDED COMPLAINT Plaintiff brought this action pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., alleging that Defendants denied him health coverage pursuant to a pre-existing condition limitation in Defendants’ self-funded health plan. Plaintiff allege...
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MEMORANDUM OPINION This matter is before the Court on the Defendant’s motion to dismiss. Plaintiff, Rebecca L. Flippo, (“Plaintiff’) brings this wrongful termination case against her former employer, American Home Products Corporation (“Defendant”). Her two-count complaint alleges a violation of the Americans with Disabilities Act (the “ADA”), see 42 U.S.C. § 12101 et...
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MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT DISMISSING THE COMPLAINT Defendant has moved for summary judgment, pursuant to Fed.R.Civ.P. 56(b) in this employment discrimination and retaliation case. The standard for granting summary judgment is almost too well-known to be reiterated. Summary judgment is appropriate when there is no genuine issue as to any...
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47 F.Supp.2d 539 (1999) Mark PREVARD, et al., Plaintiffs, v. William H. FAUVER, et al., Defendants. Civil Action No. 91-1217. United States District Court, D. New Jersey. April 28, 1999. *540 *541 Carl Poplar, Poplar and Eastlack, Turnersville, NJ, for Plaintiffs. Former Attorney General Deborah T. Poritz, Deputy Attorney General Howard J. McCoach, Deputy Attorney General William P. Flahive, N.J....
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MEMORANDUM & ORDER Plaintiff, Estelle Manzi, worked in the district office of State Senator Robert Di-Carlo from November 1993 until February 1995, when she was dismissed at the age of 61. She claims that she was harassed and fired because of her age and because she suffered from arthritis. Manzi was originally hired as a case-specialist by New York State Senator Christopher Mega in N...
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ORDER GRANTING SUMMARY JUDGMENT ON POWER OF ATTORNEY ISSUE DISMISSING BREACH OF CONTRACT AND DAMAGES CLAIMS AND SCHEDULING SETTLEMENT CONFERENCE This suit arose from the sale of a property inherited by three (3) siblings, AN *359 DRES ARMANDO, ANGEL ALEXIS and ANGELA ARAMINTA RAMOS-IRI-ZARRY. Plaintiff, ANDRES RAMOS-IRIZARRY, claims that a farm, a part of their inheritanc...
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OPINION AND ORDER DISMISSING THE COMPLAINT Plaintiff, JORGE HERNANDEZ BAR-RETO (“HERNANDEZ”), his wife and their conjugal partnership instituted these proceedings alleging that HERNANDEZ was dismissed from employment by the defendant because of his military status in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4311 et seq. ...
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ORDER ADOPTING REPORT AND RECOMMENDATION AND SUPPLEMENTAL REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND ORDER DENYING MOVANT’S MOTION TO VACATE HIS SENTENCE PURSUANT TO 28 USC § 2255 This court having made a de novo review of the Report and Recommendation *1190 dated June 25, 1999, and the Supplemental Report and Recommendation of the Magistrate Judge, dated Ju...
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*364 ORDER IN THE MATTER OF CERTIFICATION OF PROBABLE CAUSE AND PETITION UNDER EAJA The Government instituted these forfeiture proceedings alleging violations to the U.S. immigration laws. The court dismissed the complaint based on a statutory interpretation of the pertinent forfeiture provision and returned the vessel to claimant ELLEN HEFFRON. Subsequent to the entry of judgment the Gover...
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60 F. Supp. 2d 765 (1999) E. Sue BULLION, Plaintiff, v. FORD MOTOR CO., Defendant. No. 3:97-0491. United States District Court, M.D. Tennessee, Nashville Division. February 2, 1999. *766 David M. Zolensky, Nashville, TN, for E. Sue Bullion, plaintiff. Carey P. DeDeyn, Lisa Combs Foster, Amy K. Doyle, Sutherland, Asbill & Brennan, Atlanta, GA, for Ford Motor Company, defendant. MEMORANDUM ECH...
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RULING ON DEFENDANTS’ MOTION TO DISMISS The plaintiffs, Subsolutions, Inc. (“SSI”) and Deco Solutions Group, Inc. (“DSG”), bring this action against the defendants, Doctor’s Associates, Inc. (“DAI”) and Computer Register Associates, Inc. (“CRA”), alleging violations of section 1 of the Sherman Act, 15 U.S.C. § 1, and section 14 of the Clayton Act, 15 U.S.C. § 14. The plaintiffs also b...
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RULING ON MOTION TO DISMISS OR STRIKE THIRD-PARTY COMPLAINT This action arises under a pension and welfare benefit plan insurance policy which the third-party defendant, National Union Fire Insurance Co. Of Pittsburgh, Pa. (“NU”), issued to Uniroyal Goodrich Tire Company (“UGTC”), successor in interest to Uniroyal, Inc.1 Presently pending before the court is NU’s motion to dismiss or strike the...
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62 F.Supp.2d 1116 (1999) ALLENDALE MUTUAL INSURANCE COMPANY, Plaintiff, v. EXCESS INSURANCE COMPANY LTD., et al., Defendants. No. 95 CIV. 10970(SAS). United States District Court, S.D. New York. August 12, 1999. *1117 Bernard London, James L. Fischer, James Walsh, London Fischer, Daniel P. Levitt, New York City, for Plaintiff. Neal M. Glazer, Jan H. Duffalo, D'Amato & Lynch, New York City, fo...
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44 F.Supp.2d 1359 (1999) Daniel WEBSTER, et al., Plaintiffs, v. FULTON COUNTY, GEORGIA, et al., Defendants. No. Civ.A. 1:96CV2399TWT. United States District Court, N.D. Georgia, Atlanta Division. February 12, 1999. *1360 *1361 *1362 *1363 Richmond Mason Barge, Parks Chesin & Miller, Atlanta, GA, Patrick W. McKee, McKee & Barge, Atlanta, GA, for, plaintiffs. Linda T. Walker, Office of Fult...
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60 F. Supp. 2d 1260 (1999) Vikie S. SCOTT, Plaintiff, v. Bert ESTES, individually and in his official capacity as Chief Clerk, Montgomery County Probate Court; and Montgomery County, Alabama, Defendants. No. Civ.A. 97-T-1074-N. United States District Court, M.D. Alabama, Northern Division. August 4, 1999. *1261 *1262 *1263 *1264 Cecilee R. Beasley, Stephen Andrew Strickland, Jaffe, Strickland, Be...
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58 F.Supp.2d 614 (1999) Jon SCHOUTEN, Plaintiff, v. CSX TRANSPORTATION, INC., Defendant. No. CIV.A. 99-2497. United States District Court, E.D. Pennsylvania. July 29, 1999. Christine E. Munion, Bala Cynwyd, PA, for Plaintiff. Michael F. Kraemer, Philadelphia, PA, for Defendant. MEMORANDUM LOWELL A. REED, Jr., Senior District Judge. Presently before the Court is the partial motion to dismiss of d...
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59 F.Supp.2d 454 (1999) IMS HEALTH, INC., Plaintiff, v. VALITY TECHNOLOGY INC., Defendants. Civil Action No. 99-1500. United States District Court, E.D. Pennsylvania. July 28, 1999. *455 *456 *457 Lee A. Rosengard, Marianne Johnston, Stradley, Ronon, Stevens & Young, LLP, Philadelphia, PA, for plaintiff. John P. Donohue, Jr., Philadelphia, PA, for defendant. MEMORANDUM LOWELL A. REED, Jr., S...
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MEMORANDUM ORDER, FINDINGS OF FACT, AND CONCLUSIONS OF LAW ON DEFENDANTS’ MOTION FOR PERMANENT INJUNC-TIVE RELIEF On February 18, 1998, the parties consented to proceed before a United States *940 magistrate judge, under 28 U.S.C. § 686(c), “for the limited purpose of ruling on the motion for [a] preliminary injunction” that was filed, jointly, by Defendants PRL USA Holdings,...
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ORDER On this day, the Court considered Defendants Stryker Corporation (“Stryker”) and Matsumoto Medical Instruments’ (“Matsumoto”) Motion to Dismiss, filed on January 6, 1999. After being granted an extension, Plaintiff Kunihiko Iwata filed his Response on February 9,1999. Defendants filed their Reply on February 24, 1999. Having considered all of the rele *602 vant argu...
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60 F. Supp. 2d 703 (1999) Michael GONZALEZ, Plaintiff, v. NATIONAL BOARD OF MEDICAL EXAMINERS, Defendant. No. 99-CV-72190-DT. United States District Court, E.D. Michigan, Southern Division. August 10, 1999. *704 Richard J. Landau, Jeffrey N. Silveri, Dykema Gossett, Ann Arbor, MI, for Michael Gonzales, plaintiff. Roy C. Hayes, Roy C. Hayes, III, Hayes Law Firm, Charlevoix, MI, for National Board ...
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OPINION Appellant Fidelity Financial Services, Inc. challenges three orders of the United States Bankruptcy Court for the Middle District of Alabama allowing a late filed proof of claim for child support to be a part of a Chapter 13 bankruptcy plan. Appellees Montgomery County Department of Human Resources and Bernard J. Davis respond that the appeal was not timely filed and lacks merit. The ...
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*601 RULING ON MOTION FOR SUMMARY JUDGMENT The plaintiff, J. Alix Zephyr (“Zephyr”), brings this action against the defendants, Ortho McNeil Pharmaceutical (“OMP”) and M. Machan Littleton (“Littleton”), alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17 (“Title VII”), the Connecticut Fair Employment Practices...
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ORDER This is an action for declaratory relief brought by a lawyer seeking a declaration by the court that the insurance company has a duty to defend and indemnify him. The material facts of the case are undisputed and the case is now before the court on the parties’ cross motions for summary judgment. At issue is whether the Professional Services Exclusion in the business insurance polic...
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*129 MEMORANDUM OPINION AND ORDER On this day, the Court considered the appeal of the Texas Higher Education Coordinating Board (“the Board”), Appellant, of the Bankruptcy Court’s March 30, 1999 Order denying the Board’s Motion to Dismiss Adversary Proceeding No. 99-1008 (“the Adversary Proceeding”). After carefully considering the written arguments of counsel and the record ...
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MEMORANDUM OPINION AND ORDER Defendants move pursuant to Rules 12(b)(5) and 12(b)(6) to dismiss plaintiffs complaint. Plaintiff moves to amend his complaint to convert it into a class action, and to add two claims for relief. Plaintiff opposes the former, and Defendants the latter. The motions are adequately briefed. For the reasons set forth below, I deny Defendants’ Rule 12(b)(5) motion, grant ...
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60 F. Supp. 2d 334 (1999) Roberto RODRIGUEZ, Plaintiff, v. Rolando TORRES, Jr., individually and in his capacity as Director of the Division of Civil Rights, Defendant. No. CIV. A. 97-3765 (MLC). United States District Court, D. New Jersey. June 30, 1999. *335 Stephen M. Latimer, Loughlin & Latimer, Hackensack, NJ, for Plaintiff. Jeffrey Burstein, Deputy Attorney General, Office of New Jersey...
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ORDER In this action brought under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961 et seq., and New York State law, the Fischer defendants 1 (“defendants”) and the plaintiffs seek summary judgment. Their motions were referred to the Honorable Steven M. Gold, Magistrate Judge, for report and recommendation. Judge Gold, who has a ...
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MEMORANDUM OPINION This matter comes before the Court on the motion by defendant J.W.S. Delavau, Co., Inc. (“Delavau”) to dismiss plaintiffs Complaint pursuant to Federal Rules of Civil Procedure 17(b) and 12(b)(1). For the reasons expressed herein, defendant’s motion is denied. BACKGROUND Plaintiff Pharmaceutical Sales and Consulting Corporation (“PSCC”) filed this action i...
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MEMORANDUM OPINION This matter comes before the Court on defendant’s motion for leave to file a second amended answer. For the reasons stated, the motion is granted. BACKGROUND The background facts have been set forth in this Court’s May 13, 1999 Memorandum Opinion and in the interest of brevity are incorporated by reference herein. Briefly, plaintiff Pharmaceutical Sales an...
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MEMORANDUM OPINION This case comes before the court pursuant to the court’s February 22, 1999 Order holding then Secretary of the Interior, Bruce Babbitt, the Secretary of the Treasury, Robert Rubin, and the Assistant Secretary of the Interior, Kevin Gover, in contempt of court. In accordance with that decision, the court awarded plaintiffs “all expenses and reasonable attorneys’ fees caused by ...
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MEMORANDUM AND ORDER Pursuant to K.S.A. 60-3201, this court, upon the parties’ motions (Docs.190, 192, 195), hereby certifies to the Kansas Supreme Court the following questions of Kansas law, which are deemed to be determinative in this action and which no controlling precedent exists in the Kansas Supreme Court or the Kansas Court of Appeals: (1) Whether the one-year limitations period un...
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MEMORANDUM AND ORDER This interesting case explores the meaning of “fair value” under the Nebraska Dissenters’ Rights law. Neb.Rev.Stat. Ann. § 21-20,137, et seq. (Michie 1999). After a well-tried nonjury trial by excellent lawyers for both sides, I conclude that the defendants did not receive “fair value” for their shares. Accordingly, judgment *965 will be entere...
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MEMORANDUM DECISION Plaintiff David B. Linker brought this employment-related action against defendants Koch Investments, Inc. and Koch Industries, Inc. (collectively “Koch”). Pursuant to Federal Rule of Civil Procedure 56, defendants move for summary judgment on all counts of plaintiffs five-count complaint. For the following reasons, defendants’ motion is DENIED. FACTS For...
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MEMORANDUM DECISION Pursuant to Federal Rule of Civil Procedure 41(b), defendants move to dismiss this action with prejudice. In connection with this motion to dismiss, plaintiffs have moved to compel production of documents and to modify the case management plan. For the following reasons, defendants’ motion is DENIED and plaintiffs’ motions are GRANTED. BACKGROUND Plaintiffs, who are the tru...
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58 F.Supp.2d 1223 (1999) Loretta PADRON, Plaintiff, v. WACKENHUT SERVICES, LLC. and Ronald Derr, Defendants. No. Civ.A.99-K745. United States District Court, D. Colorado. August 5, 1999. *1224 Dynelle M. Tadlock, Boulder, CO, for plaintiff. John W. Gaddis, Bernard, Lyons & Gaddis, Longmont, CO, Dennis W. Brown, Stacy A. Carpenter, Denver, CO, for defendants. MEMORANDUM OPINION AND ORDER KANE...
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58 F.Supp.2d 1226 (1999) CABEZA DE VACA LAND & CATTLE CO., L.L.C., Plaintiffs, v. Bruce BABBITT, in his official capacity as Secretary of the United States Department of the Interior, Garry Rowe, J. Allen Davey and George Whitten, in their official capacities as members of the Closed Basin Project Operating Committee, Defendants. No. Civ.A.98-B-1868. United States District Court, D. Colorado....
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OPINION AND ORDER Pending before the Court is a motion to dismiss for lack of subject matter jurisdiction filed by defendants Antilles Cement Corp. (“ACC”) and Mateco, Inc. (“Ma-teco”) (Docket # 10). Upon careful consideration of the parties’ arguments and the applicable law, defendants’ motion to dismiss is GRANTED. Plaintiff International Cement Aggregates, Inc. (“ICA”) filed an ac...
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OPINION AND ORDER I. Introduction and Background Plaintiff Miguel Alvarez Collado (“Alvarez”) brings this action under 42 U.S.C. § 405(g), appealing from the final decision of the Secretary of Health and Human Services denying his request for Social Security disability benefits under 42 U.S.C. § 423. Upon a thorough review of the record, the Court concludes that the Secretary’s finding that...
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MEMORANDUM OPINION AND ORDER Only one matter remains for resolution in this Fair Labor Standards Act (“FLSA”) action in which plaintiff Brian Cunningham (“Cunningham”) prevailed against defendant Gibson Electric Co., Inc. (“Gibson”) after a bench trial: Cunningham’s request for an award of attorneys’ fees. 1 As a result of the parties’ compli- *892 anee with th...
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MEMORANDUM OPINION AND ORDER Before the court is defendant Abbott Laboratories’ motion to “strike inadmissible portions of plaintiffs filings in response to defendant’s motion for summary judgment” and motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). For the following reasons, the court denies in part and grants in part defendant’s motion to strike and de...
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OPINION On November 20,1998, plaintiff Anthony Lamont, an Asian American, filed a one-count complaint against defendant MSX International, in Wayne County Circuit Court, alleging race discrimination in violation of Michigan’s Elliotb-Larsen Civil Rights Act (“Elliott-Larsen”). Defendant removed this action to this Court on December 30, 1998, based on diversity of citizenship. This mat...
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MEMORANDUM OPINION AND ORDER Before the court is Defendants’ Motion for Summary Judgment, filed October 1, 1998. Upon careful consideration of the motion, response, reply, record evidence, and applicable law, the court, for the reasons that follow, grants Defendants’ Motion for Summary Judgment. I. Factual and Procedural Background Plaintiff James Hartnett began his care...
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61 F. Supp. 2d 289 (1999) Rosemarie TOFANO, as administrator ad prosequendum and General Administrator of the Estate of Scott Tofano, Deceased, and Rosemarie Tofano, individually, Plaintiff, v. Christopher REIDEL, David Stitz, Michael Devine, and Town of Ramsey, Defendants. No. Civ.A. 97-3680(MTB). United States District Court, D. New Jersey. August 11, 1999. *290 *291 Stephen H. Fields, Stephen ...
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61 F. Supp. 2d 116 (1999) Renecia JOHNSON, Lorraine Kennedy, and Lynette Addison, individually and on behalf of all others similarly situated, Plaintiffs, v. TELESPECTRUM WORLDWIDE, INC., a Delaware Corporation, Defendant. Civil Action No. 97-433 LON. United States District Court, D. Delaware. July 27, 1999. *117 *118 *119 Joseph M. Bernstein, Wilmington, DE, for plaintiffs. Tara L. Lattomus, Pep...
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60 F. Supp. 2d 316 (1999) W.R. GRACE & CO.—CONN., Plaintiff, v. INTERCAT, INC. and Conoco, Inc., Defendants. No. Civ.A. 93-522-LON. United States District Court, D. Delaware. August 9, 1999. *317 *318 *319 Robert H. Richards III, Richards, Layton & Finger, Wilmington, Delaware, of Counsel: John J. Mackiewicz, Gary H. Levin, and David R. Bailey, Woodcock, Washburn, Kurtz, Mackiewicz & ...
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61 F. Supp. 2d 110 (1999) Jay SCHIAVELLO, Plaintiff, v. DELMARVA SYSTEMS CORPORATION, Defendant. Civil Action No. 98-191-LON. United States District Court, D. Delaware. June 29, 1999. *111 Randall C. Schauer, and Lance J. Nelson, MacElree, Harvey, Gallagher, Featherman & Sebastian, West Chester, PA, for plaintiff. Sheldon N. Sandler, and Scott A. Holt, Young, Conaway, Stargatt & Taylor, W...
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60 F. Supp. 2d 1258 (1999) Earnest DOSTER, Jr., # 147436, Petitioner, v. Ron JONES, et al., Respondents. No. Civ.A. 99-T-289-S. United States District Court, M.D. Alabama, Southern Division. July 13, 1999. Earnest Doster, Springville, AL, Pro se. James B. Prude, William H. Pryor, Jr., Office of the Attorney General, Montgomery, AL, for Defendants. *1259 MEMORANDUM OPINION MYRON H. THOMPSON, Di...
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60 F. Supp. 2d 289 (1999) George JOHNSON, Plaintiff, v. E.I. DU PONT DE NEMOURS & COMPANY, Defendant. No. Civ.A. 97-282-LON. United States District Court, D. Delaware. May 12, 1999. *290 *291 Edward C. Gill, Law Offices of Edward C. Gill, Georgetown, DE, for plaintiff. Evelyn Hassinger Brantley, E.I. du Pont de Nemours & Co., Wilmington, DE, for defendant. MEMORANDUM OPINION LONGOBARDI, ...
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61 F.Supp.2d 426 (1999) A.C. LEGG PACKING COMPANY, INC., an Alabama corporation, Plaintiff, v. OLDE PLANTATION SPICE COMPANY, INC., a Maryland corporation, Defendant. Civil No. PJM 98-2971. United States District Court, D. Maryland. August 6, 1999. *427 William Paul Atkins, Lisa A. Dunner, Peter W. Gowdey, Pillsbury Madison & Sutro, LLP, Washington, DC, for plaintiff. Stephen Christopher Swif...
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61 F. Supp. 2d 634 (1999) Thomas PETERSON, Plaintiff, v. DAKA INTERNATIONAL, INC., Defendant. No. Civ.A.98-74569. United States District Court, E.D. Michigan, Southern Division. August 9, 1999. *635 *636 David K. Watsky, Edmond S. Moreland, Jr., Gillespie, Rozen & Watsky, PC, Dallas, TX, for plaintiff. Martha W. Atwater, Rodrick W. Lewis, Warner, Norcross & Judd LLP, Grand Rapids, MI, for...
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60 F. Supp. 2d 436 (1999) Marshall KLAVAN, M.D., an incompetent, by Jerome J. Shestack, ESQ., guardian ad litem, v. CROZER-CHESTER MEDICAL CENTER, et al. No. CIV. A. 99-2016. United States District Court, E.D. Pennsylvania. August 16, 1999. *437 *438 *439 James Lewis Griffith, Klett, Lieber, Rooney & Schorling, Philadelphia, PA, for Plaintiff. Sharon M. Reiss, Jonathan B. Sprague, Post & ...
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MEMORANDUM I.Introduction This is an appeal from a final order of the United States Bankruptcy Court. Appellant United Container Services (Deutschland) GmbH essentially argues that the Bankruptcy Court erred in applying Pennsylvania law in determining that certain contracts between it and the debtors styled as “purchase lease agreements” were in fact disguised sales and not t...
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58 F.Supp.2d 1269 (1999) Beth Pfeiffer NIXON, Plaintiff, v. NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, Defendant. No. Civ.A. 98-2167-GTV. United States District Court, D. Kansas. July 15, 1999. *1270 *1271 Ruth M. Benien, Benien Law Offices, Chtd., Kansas City, KS, for Beth Pfeiffer Nixon, plaintiff. Barry E. Warren, Chris R. Pace, Glenn S. Grayson, Wallace, Saunders, Austin, Brown & Enochs,...
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MEMORANDUM AND ORDER Plaintiff Thomas E. Scherer brings this action, alleging that defendant GE Capital Corporation d/b/a Monogram Retailer Credit Card Services failed to reasonably accommodate his disability in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and discriminated against him on the basis of his gender under Title VII of the Civil Rights Act o...
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ORDER AND MEMORANDUM OPINION ON MOTION FOR RETURN OF PRIVILEGED DOCUMENT This matter is before the Court, Magistrate Judge Arthur J. Boylan, on defendant’s Motion to Compel Return of a Privileged Document. Hearing was held on June 15, 1999, at 628 U.S. Courthouse, 316 No. Robert St., St. Paul, MN 55101. Jeff M. Zalasky, Esq., appeared on behalf of the defendant. Michael Mobley, Esq., appeared on...
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MEMORANDUM AND ORDER Plaintiff Scott Bosley brings this defamation case alleging that defendant Home Box Office (“HBO”) 1 defamed him by repeatedly broadcasting documentary footage of anti-drug protestors stating that drugs were being sold from plaintiffs combination gas station/liquor store in Kansas City, Kansas. The case is before the court on defendant’s motion for summ...
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MEMORANDUM OPINION AND ORDER The plaintiffs, Roger and Helen Vines, brought this action against Gerald Sands1 and Credit Control Services, Inc., doing business as Credit Collection Services [“CCS”], for violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. The plaintiffs move to certify a class of people who were sent the form letter attached to the complaint on or after...
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MEMORANDUM-DECISION & ORDER I. BACKGROUND Plaintiff Frink America, Inc. (“Frink America”) filed its first action against defendant Champion Road Machinery Ltd. (“Champion”) on March 22, 1996 alleging, inter alia, trademark infringement and dilution. In its Answer, defendant asserted a single counterclaim against plaintiff, *681 seeking cancellation of Frink Am...
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MEMORANDUM AND ORDER Plaintiff Manchester Equipment Co., Inc. (“Manchester”) is a computer equipment distributing and servicing company. In this diversity action, Manchester seeks to hold defendants liable for the loss of approximately $500,000 worth of computer equipment stolen from Manchester by an individual posing as a Manchester client. All defendants exception Mayflower Transit,...
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MEMORANDUM OPINION These motions are addressed to a 28-count indictment centering on the alleged activities of a criminal organization formed by Peter Rollack and which in or about 1993 began to be referred to by its members as Sex, Money and Murder. Rollack has moved to sever his trial from that of his co-defendants, and has also moved to sever the trial of the capital murder charges against...
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60 F. Supp. 2d 773 (1999) Harrison C. LANCE, Jr., Plaintiff, v. UNIVERSITY OF TENNESSEE, Defendant. No. 3:98-CV-037. United States District Court, E.D. Tennessee, at Knoxville. May 5, 1999. Stephen T. Hyder, Knoxville, TN, for plaintiff. Ronald C. Leadbetter, University of Tennessee, Office of General Counsel, Knoxville, TN, for defendant. MEMORANDUM OPINION JARVIS, District Judge. This is an ac...
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61 F.Supp.2d 770 (1999) Steven ANDERSON, Petitioner, v. Thomas F. PAGE, Respondent. No. 97 C 3352. United States District Court, N.D. Illinois, Eastern Division. August 11, 1999. *771 *772 MEMORANDUM OPINION AND ORDER CASTILLO, District Judge. Steven Anderson petitions this Court for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Following a jury trial, Anderson was convicted of first d...
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61 F. Supp. 2d 764 (1999) Joseph RUFFINO and Randall A. Noble, Plaintiffs, v. Michael SHEAHAN, individually and in his official capacity as Sheriff of Cook County, Illinois, et al., Defendants. No. 96 C 2234. United States District Court, N.D. Illinois, Eastern Division. August 10, 1999. *765 Charmaine Elizabeth Dwyer, Chicago, IL, for Joseph Ruffino, Randall A Noble. Thomas Vincent Lyons, Cook C...
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*15 MEMORANDUM AND ORDER This is a contract action between a British company, the plaintiff Landis and Stae-fa Limited (the “plaintiff’ or “Landis”), which, for a period of time, purchased for resale motorized heating valves, also known as mid-position valves, from the defendant Flair International Corporation (the “defendant” or “Flair”). Landis manufactures and resells heat...
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MEMORANDUM AND ORDER Defendant Mundo Shipping Corporation (“Mundo”) moves for an amendment of, or reconsideration or reargument as to, this Court’s March 3, 1999 award of costs and expenses to Plaintiffs Kathleen and Walwyn Greenidge (the “Greenidges”) for Mundo’s improper removal of this action from New York Supreme Court, Queens County, to this Court. For the reasons set forth below, Mundo’...
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MEMORANDUM OF DECISION AND ORDER This is an appeal from a final Order and Judgment dated August 19, 1998 of United States Bankruptcy Judge Francis G. Conrad, which, at the conclusion of the plaintiffs case-in-chief, granted a directed verdict in favor of the defendant-debtor dismissing the plaintiffs adversary proceeding in its entirety. The plaintiffs complaint sought to bar the debt...
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OPINION AND ORDER In this action, plaintiff V. Roy Lefcourt (“Lefcourt”) challenges the constitutionality of a contempt citation issued against him by the Honorable Richard Kramer (“Judge Kramer”) of the Superior Court for the City and County of San Francisco (“Superior Court”). For the reasons set forth hereinafter, the Court dismisses this action with prejudice for lack of subject matte...
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MEMORANDUM AND ORDER Plaintiff Donahue Francis brings this action against his former employer defendant Chase Manhattan Bank (“Chase”), alleging discrimination and hostile work environment on the basis of his race in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) as amended, 42 U.S.C. §§ 2000e et seq., and the New York State Human Rights Law (“HRL”), New Y...
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MEMORANDUM AND ORDER Plaintiff, Nana Serwaa Donkor (“Don-kor”), brought an action in New York State Civil Court, County of Queens alleging that defendants, British Airways, Corp. (“British Airways”), and YLJ Travel Service (“VLJ”), bore liability under theories of tort and contract for the harms Donkor suffered as a result of her having been detained and deported by the British Immigr...
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MEMORANDUM AND ORDER Plaintiff, Telecom International America, Ltd. (“TIA”), a reseller of long-distance “800” service, and defendant AT & T Corp. (“AT & T”), a telephone company which provides both telecommunications services and equipment, are parties to three contracts. Two of the agreements cover purchases and sales of telephone equipment manufactured and designed by AT & ...
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MEMORANDUM Plaintiff Andrew Williams (“Williams”) filed for bankruptcy under Chapter 13 of the Bankruptcy Code. 11 U.S.C. § 1301 et seq. In the bankruptcy court, he brought an action against Gelt Financial Corporation (“Gelt”) seeking, among other relief, damages based on violations of the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601 et seq., and a declaration...
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MEMORANDUM AND ORDER Plaintiffs Environmental Protection Information Center (“EPIC”) and Sierra Club bring this action against defendants Pacific Lumber Company (“PALCO”) and its subsidiaries Scotia Pacific Holding Company and Salmon Creek Corporation alleging violations of section 7(d) of the Endangered Species Act (“ESA”), 16 U.S.C. § 1536(d), and seeking declaratory and injunctive ...
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DECISION AND ORDER INTRODUCTION This is an action brought pursuant to 42 U.S.C. § 405(g) to review the final determination of the Commissioner of Social Security (“the Commissioner”) that plaintiff was not disabled, and therefore, was not entitled to disability benefits. Both plaintiff and the Commissioner have moved for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c). F...
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60 F. Supp. 2d 788 (1999) Carl MOSBY, Plaintiff, v. Officer BELL, individually, and City of Chicago, Defendants. No. 98 C 6773. United States District Court, N.D. Illinois, Eastern Division. August 10, 1999. *789 Lawrence W. Byrne, Byrne, Nadborne & Associates, Chicago, IL, for Carl Mosby. Arlene Esther Martin, City of Chicago, Law Department, Corporation Counsel, Chicago, IL, Thomas Joseph P...
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*667 MEMORANDUM-DECISION & ORDER I. Background Following a jury trial, defendant Wal-Mart Stores, Inc. (“Wal-Mart”) was found to be 93% liable for injuries sustained by plaintiff Antoinette Ragona when she was struck by a falling vacuum cleaner in defendant’s store. Mrs. Ragona was found to be 7% liable for her own injuries. The jury returned a verdict in favor of plaintiffs...
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61 F.Supp.2d 767 (1999) Joseph RUFFINO and Randall A. Noble, Plaintiffs, v. Michael SHEAHAN, individually and in his official capacity as Sheriff of Cook County, Illinois, et al., Defendants. No. 96 C 2234. United States District Court, N.D. Illinois, Eastern Division. August 10, 1999. *768 Charmaine Elizabeth Dwyer, Chicago, IL, for Joseph Ruffino, Randall A Noble. Thomas Vincent Lyons, Cook Cou...
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ORDER Plaintiffs’ motion for a preliminary injunction and for a pre-judgment attachment were referred to the Honorable Marilyn Dolan Go, who has filed a thorough and cogent report recommending that, in certain respects, as to defendant Jerry Sarabella, both applications be granted. Sarabella objects to certain factual findings made, and conclusions reached, by Judge Go. Judge Go’s re...
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MEMORANDUM AND ORDER Pursuant to a discovery conference on the above-captioned matter dated August 9,1999, we shall address the “self-critical analysis” doctrine with regard to the defendant’s request to shield from discovery a document entitled “Guest Claim Investigation and Prevention Report” (“Prevention Report”). The facts giving rise to this matter are as follows: On December 28, 1996, the ...
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*976 MEMORANDUM AND ORDER In this petition for habeas corpus relief pursuant to 28 U.S.C. § 2254, petitioner challenges his October 24, 1990 conviction, after a jury trial in Suffolk County Court (Mallon, J.). Petitioner was charged with three counts of second-degree murder in the death of Lea Greene and one count of first-degree burglary. He was tried jointly, but with a separate jury, with ...
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MEMORANDUM AND ORDER This is a civil rights case the facts of which arise out of a New York State Family Court order that removed Aaron Storck from the custody of his mother, plaintiff Ellen Storck. The proceedings that led to Aaron’s removal from his mother’s custody date back to 1992 when a petition was filed in Suffolk County Family Court charging Ellen Storck with neglect. Briefly...
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OPINION Ushodaya Enterprises, Ltd. (“Ushoda-ya”) sues its former United States distrib *331 utor, V.R.S. International, Inc. (“VRS”) and Aramudh Vasudevan, for the use of the “Priya” name in connection with the sale of Indian pickles in the United States. Ushodaya seeks to cancel VRS’s registrations for the “Priya” trademark, and to recover related damages, on the ground ...
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60 F. Supp. 2d 602 (1999) Beverly HOUSE, Individually and as Representative of the Estate of Mary E. Newman v. 22 TEXAS SERVICES, INC. (F/K/A 22 Texas Partners, Inc.); 22 Texas Partners Management, Inc.; Complete Care Services, L.P.; Arizona Partners, Inc.; John H. Durham; Peter J. Licari; Michael D. D'Arcangelo; John P. Durham; and Carol Durham. No. Civ.A. G-98-421. United States District Court,...
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60 F. Supp. 2d 433 (1999) Ronald ABRAMS, individually and as a Trustee of the Ronald Abrams Profit Sharing Plan, Plaintiff, v. DEAN WITTER REYNOLDS INC. and Norwood P. Hallowell, III, Defendants. No. Civ.A. 98-3988. United States District Court, E.D. Pennsylvania. August 6, 1999. Margaret Sherry Lurio, Lurio & Associates, Philadelphia, PA, for Plaintiffs. Jerome R. Richter, Blank Rome Comisky...
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MEMORANDUM AND ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiffs Environmental Protection Information Center (“EPIC”) and Sierra Club bring this action against defendants Pacific Lumber Company (“PALCO”) and its subsidiaries Scotia Pacific Holding Company and Salmon Creek Corporation alleging violations of section 7(d) of the Endangered Species Act (“ESN”), 16 U.S.C. §...
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FINDINGS OF FACTS AND CONCLUSIONS OF LAW This case was tried to the Court to determine liability on June 1, 1999, and concluded on June 15, 1999. In a pre-trial ruling the Court had bifurcated the issues of liability and penalties. Plaintiff Community Association for Restoration of the Environment (CARE) was represented by Charles M. Tebbutt and Elizabeth Mitchell of Western Environmental...
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60 F. Supp. 2d 1058 (1999) NA MAMO O 'AHA 'INO, a Hawaii unincorporated association, Plaintiff, v. Gary O. GALIHER, an individual, and Diane T. Ono, an individual, Defendants. CV No. 97-01073 DAE. United States District Court, D. Hawaii. January 13, 1999. *1059 David L. Henkin, Sierra Club Legal Defense Fund, Inc., Honolulu, HI, for plaintiff. Lisa W. Munger, Goodsill Anderson Quinn & Stifel,...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT Presently before the Court is a motion for summary judgment filed by defendant Air Products and Chemicals, Inc. on June 3, 1999. This is a products liability action, arising out of injuries sustained by plaintiff on September 6,1996, during the course of his employment with Yale-South Haven, Inc. At the time ...
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MEMORANDUM OPINION AND ORDER DENYING DEFENDANT’S MOTION TO STRIKE PORTIONS OF THE AFFIDAVIT OF RONALD TURNER; DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; AND DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT Presently before the Court are three motions. The first is a motion for summary judgment filed on April 15, 1999 by defendant Small Parts, Inc. (hereinafter “Small Part...
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MEMORANDUM AND ORDER This case arises out of the sale of eollaterized mortgage obligations (CMOs) and repurchase agreements that occurred between September 1993 and January 1995. During that time period the defendants, First Union Capital Markets Corp. (First Union) and John FitzHugh, sold the aforementioned securities to Capital Corporation Federal Credit Union, of Lanham, Maryland (CapCorp). ...
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60 F. Supp. 2d 680 (1999) Peter John RAMIK, Kimberly Dawn Marie Ramik, David E. Kovacs, Brenda M. Kovacs, and Beth Kinard, Plaintiffs, v. DARLING INTERNATIONAL, INC., Defendant. City of Melvindale, Plaintiff, v. Darling International, Inc., Defendant. Civ. Action Nos. 98-40276, 98-40439. United States District Court, E.D. Michigan, Southern Division. July 30, 1999. *681 Peter W. Macuga, II, Steve...
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64 F. Supp. 2d 669 (1999) Paul Steven BRUTON, Petitioner, v. Thomas PHILLIPS, Respondent. No. Civ. 97-40523. United States District Court, E.D. Michigan, Southern Division. August 10, 1999. *670 *671 *672 *673 Paul S. Bruton, Jackson, MI, petitioner pro se. Laura G. Moody, Michigan Department of Attorney General, Habeas Corpus Division, Lansing, MI, for Thomas Phillips, respondent. OPINION AND O...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Presently before the Court is a motion for summary judgment filed on May 28, 1999 by defendant The Langston Corporation (hereinafter “Langston”). On November 2, 1998, plaintiff Sheila Phillips initiated the instant products liability action. This Court’s jurisdiction is premised upon diversity of citizenship...
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ORDER On January 20, 1999, a jury rendered a verdict in favor of Plaintiff Raymond P. Boivin (“Plaintiff”) in the above-captioned civil rights action. Specifically, the jury found that Defendant Donald Black (“Defendant”), a correctional officer at Maine Correctional Institution-Warren (“MCI-Warren”), violated Plaintiffs due process rights as a pre-trial detainee when he supervised the pl...
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OPINION AND ORDER This is a civil action for monetary and declaratory relief brought pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-16920. Plaintiff Mary Beth Borcherding-Dittloff contends that defendant Corporate Receivables, Inc., sent her a collection letter dated January 12, 1998, that violated the act in three ways. The matter is before the court on cross motio...
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MEMORANDUM OPINION AND ORDER REGARDING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT TABLE OF CONTENTS I. INTRODUCTION.841 II. STANDARDS FOR SUMMARY JUDGMENT.842 III. FACTUAL BACKGROUND.844 A. Uncontested Facts.844 B. Contested Facts.846 TV. LEGAL ANALYSIS.846 A. Employment Relationship Requirement.846 B...
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ORDER This matter is before the court on the motion of plaintiff James Parkhill for class certification. Based on a review of the file, record, and proceedings herein, and for the reasons stated, the court denies plaintiffs motion. BACKGROUND1 Plaintiff is a Florida resident who seeks compensatory and equitable relief on behalf of himself and a class of similarly situated plaintiffs he seeks to r...
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ORDER & MEMORANDUM I. INTRODUCTION Numerous motions are pending in the above-captioned insurance breach and bad faith case. This order will address three of these motions together because they raise related issues: 1) Plaintiffs Motion in Limine Regarding Evidence of this Court’s Prior Judgment on the Pleadings; 2) Plaintiffs Motion in Limine Regarding *1074 Defendants’ ...
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ORDER AND MEMORANDUM OF DECISION Plaintiff Lilia Twombly (“Plaintiff’), a Maine resident, brings this diversity action against Defendant Association of Farm-worker Opportunity Programs (“Defendant”), a Virginia corporation. She alleges that Defendant, for whom she worked in her capacity as an AmeriCorps participant, breached a contract by failing to provide her with health insurance and workers...
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OPINION Plaintiff Richard D. Kunica (“Kunica”) has moved: (1) pursuant to Local Rule 6.3 and Rule 59(e) of the Federal Rules of Civil Procedure for reconsideration of this Court’s opinion of April 22, 1999 (the “Opinion”) granting the motion of defendants St. Jean Financial, Inc. (“StJean”) and Walter L. Rogers (“Rogers,” and collectively the “Defendants”) for summary *345 ju...
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OPINION Plaintiff Yurman Design Inc. (‘Tur-man”) has moved for reconsideration of *243 this Court’s opinion of March 4, 1999 (the “Opinion”) denying its motions for a preliminary injunction and expedited discovery. Defendant A.R. Morris Jewelers, L.L.C. (“Morris”) has moved, pursuant to Rules 12(b)(2) and 12(b)(3) of the Federal Rules of Civil Procedure, to dismiss this a...
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OPINION The Socialist Federal Republic of Yugoslavia (“SFRY”) leased property from plaintiffs for diplomatic offices in the City of New York. As the SFRY government fell, the United States forced it out of those offices, and the SFRY stopped paying plaintiffs rent. Plaintiffs filed this action against the SFRY and five new states that have emerged from the territory of the SFRY. The f...
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ORDER This is an employment discrimination case. It is before the Court on the Motion for Summary Judgment [Doc. 27], filed by Defendant H.J. Russell & Co. (“Company”). For the reasons set forth below, the Court will deny the summary judgment motion with respect to the Plaintiffs Title VII claim for discrimination on the basis of sex. I. BACKGROUND Plaintiff began her employment with the Comp...
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OPINION Background The Plaintiffs in these consolidated cases own and operate electric cogeneration facilities which are “qualifying facilities” under the Public Utility Regulatory Policies Act of 1978 (“PURPA”), 16 U.S.C. §§ 824-824k. 1 Plaintiffs sued Defendants, Michigan Public Service Commissioners John G. Strand, John C. Shea, and David A. Svanda, alleging tha...
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64 F.Supp.2d 549 (1999) AMERICA ONLINE, INC., Plaintiff, v. AT & T CORP., Defendant. No. Civ.A.98-1821-A. United States District Court, E.D. Virginia, Alexandria Division. August 13, 1999. *550 *551 *552 Alice Stevens Fisher, Latham & Watkins, Washington, DC, Randall J. Boe, Dulles, VA, Craig Crandall Reilly, Richards, McGettigan, Reilly & West, PC, Alexandria, VA, for Plaintiff. Tere...
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*512 ORDER AND REASONS This cause came for hearing on September 16, 1998 upon the motion for summary judgment filed by defendant, Chevron USA Inc., against plaintiff Henry McCoy, Jr. Oral argument was waived and the matter was taken under submission on the briefs. On September 18th, this Court granted defendants’ motion for summary judgment on the plaintiffs federal claims an...
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47 F. Supp. 2d 1225 (1999) Trisha T. PRITIKIN, Plaintiff, v. UNITED STATES DEPARTMENT OF ENERGY; John D. Wagoner, in his official capacity as Manager of the U.S. Department of Energy Richland Operations; and Federico Pena, in his official capacity as Secretary of the U.S. Department of Energy, Defendants. No. CY-98-3049-EFS. United States District Court, E.D. Washington. March 31, 1999. *1226 Tom...
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60 F. Supp. 2d 997 (1999) AT & T COMMUNICATIONS OF CALIFORNIA, INC., a California corporation, Plaintiff, v. PACIFIC BELL, a California corporation, Defendant. No. C-98-4368-CAL. United States District Court, N.D. California. June 24, 1999. *998 Rosalie E. Johnson, AT & T Company, San Francisco, CA, for plaintiff. L. Nelsonya Causby, Pacific Telesis Group, San Francisco, CA, for defendant...
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OPINION & ORDER This cause comes before the Court on Defendants’ Motion to Dismiss or Stay Proceedings for Plaintiffs Failure to Comply with Ohio Rev.Code § 1703.03. For the following reasons, this Motion is GRANTED. This action is STAYED until Plaintiff conforms to the dictates § 1703.03. I. Plaintiff Auto Driveaway Co. (“Plaintiff’) is a vehicle delivery service operating through company offi...
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48 F.Supp.2d 495 (1999) Emily STILLS, Plaintiff, v. GBMC HEALTHCARE, INC., et al., Defendants. No. Civ.A. JFM-98-1939. United States District Court, D. Maryland. March 30, 1999. *496 Barton J. Sidle, Towson, MD, for plaintiff. G. Stewart Webb, Jr., Venable, Baetjer & Howard, Baltimore, MD, Larry R. Seegull, Piper & Marbury, Baltimore, MD, for defendants. MEMORANDUM MOTZ, Chief Judge. Pla...
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45 F.Supp.2d 1358 (1999) Bonnie FARRIOR, Plaintiff, v. H.J. RUSSELL & COMPANY, Defendant. No. Civ.A. 1:98-CV-2644-TWT. United States District Court, N.D. Georgia, Atlanta Division. April 19, 1999. *1359 *1360 *1361 Jack Dodd, Office of Jack E. Dodd, Gainesville, GA, for Bonnie Farrior, plaintiff. David Michael Brown, Lisa Lynn Ballentine, Tracie Y. Johnson, Smith Gambrell & Russell, Atlan...
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ORDER Plaintiff James C. Spence (“Spence”) filed this action on June 24, 1997. He alleges that defendant, through its employee, Stacy Turner, harassed and discriminated against him, and terminated his employment because of his sex (male) and in *1342 retaliation for complaining about harassment, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S...
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*222 OPINION Once again before the Court, this time on remand, is the motion by Pauline Davis, et al (the “Davis Plaintiffs”) to enjoin the defendant New York City Housing Authority (“NYCHA” or the “Authority”) from implementing the Working Family Preference (“WFP”) contained in its proposed changes to its Tenant Selection and Assignment Plan (“TSAP”) incorporated by referenc...
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OPINION AND ORDER Plaintiff Lawrence Milman, on behalf of himself and all others similarly situated, brings this securities fraud class-action lawsuit against Box Hill Systems Corp., a corporation in which Plaintiffs purchased stock through a public offering (“Box Hill” or “the Company”); Salomon Smith Barney Inc. and Nationsbanc Montgomery Securities Inc., investment banks serving as...
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47 F. Supp. 2d 605 (1999) Sandra ALLEN, et al. v. COLUMBIA MALL, INC., et al. No. CIV. L-96-1546. United States District Court, D. Maryland. March 18, 1999. *606 *607 David L. Douglas, Theresa H. Hajost, Washington, DC, Richard H. Gordin, Tighe, Patton, Tabackman, Babbin, Washington, DC, for plaintiffs. Jay Morstein, Eric Paltell, Theresa M. Connolly, Baltimore, MD, for defendants Columbia Mall, ...
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44 F.Supp.2d 1113 (1999) Joyce R. SVATOS, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. 98-631-AA. United States District Court, D. Oregon. March 19, 1999. *1114 Alan Stuart Graf, Swanson, Thomas & Coon, Portland, OR, for plaintiff. Kristine Olson, United States Attorney, District of Oregon, William Youngman, Assistant United States Attorney, Portland, OR, Re...
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44 F. Supp. 2d 1176 (1999) FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. Joseph A. FRATES, et al., Defendants. No. 93-CV-123-H(J). United States District Court, N.D. Oklahoma. March 30, 1999. *1177 *1178 *1179 *1180 *1181 Frederic Dorwart, Jean Michael Medina, Fred Dorwart, Lawyers, Tulsa, OK, Paul DeMuro, Frederic Dorwart Laywers, Tulsa, OK, for Joseph A. Frates, defendant. Thorn Huffman,...
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MEMORANDUM OPINION AND ORDER The International Monetary Exchange (TIME) is suing First Data Corporation (FDC) for securities fraud, fraud in the inducement, negligent misrepresentation, misappropriation of trade secrets, and fraud. This case was first filed in the U.S. District Court for the Southern District of Florida. That court transferred it here on FDC’s motion to dismiss or transfe...
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MEMORANDUM AND ORDER Plaintiff Jealetta Brinson brings this action against her former employer the New York City Transit Authority (“Transit Authority”), alleging that her termination from employment was the result of discrimination on the basis of her race in violation of: 1) Title VII of the Civil Rights Act of 1964 (“Title VII”) as amended, 42 U.S.C. §§ 2000e et seq.; 2) 42 U.S.C. § 1981; ...
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ORDER On February 22, 1999, plaintiff Columbia Insurance Company filed an motion for a temporary restraining order and an order to show cause why a preliminary injunction should not issue. On March 4,1999, plaintiff withdrew the motion with respect to defendants the Web Service Provider, Sidney Trayham, and Peter Jackson. The Court hereby denies the motion without prejudice to refiling and orders...
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MEMORANDUM AND OPINION ORDER On May 1, 1998, Texas Instruments sued Hyundai 1 for patent infringement in this Court and in several other courts *895 across the nation and, eventually, around the world. Simultaneously, Hyundai sued Texas Instruments for declaratory judgment and, eventually, patent infringement. All of these lawsuits were the fallout of the parties’ ...
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60 F. Supp. 2d 1027 (1999) NORTHLAND CASUALTY COMPANY, a corporation, Plaintiff, v. WESCAL YACHTS, INC., a corporation; The Estate of Lloyd Brown, a deceased individual; Best Marine, an organization whose form is unknown; Jerry Harden, an individual; Kenneth R. Buck, an individual, Defendants, Kenneth R. Buck, Counterclaimant, v. Northland Casualty Company, a corporation, and Roes 1 through 30, i...
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MEMORANDUM OPINION Currently pending before the court is plaintiffs’ Motion to Compel Discovery. The motion to compel relates to three specific matters. They are (1) plaintiffs’ request pursuant to Rule 34(a) of the Federal Rules of Civil Procedure that defendant Iran permit the plaintiffs’ expert witness, Mr. Reilly, and a translator, to visit Pak Dairy in Iran to inspect facilities, equipment...
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MEMORANDUM OPINION This case arises out of a dispute about the propriety of a taxation scheme in the District of Columbia enacted in order to finance the building of a new convention center in the District. Anise Jenkins and numerous other named plaintiffs who paid the contested sales and use tax, as well as Planet Vox, Inc., a business incorporated in the District, bring this suit agains...
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ORDER DENYING PETITION This matter is before the court on the Magistrate Judge’s Report and Recommendation (document 15) and plaintiffs objections thereto (document 16). I have reviewed de novo the matters addressed by the objections. I accept the Report and Recommendation and adopt it as the opinion of the court. In response to the objections, I add four brief comments. First, the law of...
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MEMORANDUM OPINION This matter comes before the Court upon Plaintiffs, Oil, Chemical & Atomic Workers International Union’s (“Plaintiffs” or “OCAW”) Motion for Summary Judgment [# 150, # 200], Plaintiffs’ Motion for Preliminary Injunction [# 192] 1 , Plaintiff-Intervenors’, led by Natural Resources Defense Council, (“Intervenors” or “NRDC”) Motion for Summary Judgment [# 15...
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RULING ON DEFENDANTS’ MOTIONS TO DISMISS INTRODUCTION This action arises out of plaintiff Ben Gyadu’s claims for workers compensation benefits, which are still pending in the state legal system. This is the sixth suit filed by plaintiff against the Worker’s Compensation Commission and/or its commissioners. The case filed at the trial level in the state court was dismissed, as were the fou...
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*570 RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT INTRODUCTION Plaintiff Edward Hoffman (“Hoffman”), brings this lawsuit against defendant Town of Southington (the “Town”), alleging that the Town has violated the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (the “ADA”), and the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (the “ADEA”). The...
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61 F. Supp. 2d 133 (1999) MONSANTO COMPANY, Plaintiff, v. MYCOGEN PLANT SCIENCE, INC., Agrigenetics, Inc., and Novartis Corporation, Defendants. No. Civ.A. 96-133-RRM. United States District Court, D. Delaware. August 18, 1999. *134 *135 *136 *137 *138 Richard L. Horwitz, and Joanne Ceballos, Potter Anderson & Corroon, Wilmington, Delaware; John F. Lynch, Craig M. Lundell, Melinda L. Patterso...
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DECISION and ORDER INTRODUCTION Currently pending before the court are: (1) defendant Standard Register’s motion to dismiss based on collateral estoppel (Item 16); (2) plaintiff Moore U.S.A.’s motion for summary judgment on the issue of standing (Item 30); and (3) defendant Standard Register’s cross-motion for summary judgment based on lack of standing or, in the alternative, to ...
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DECISION and ORDER BACKGROUND On August 12 and 13, 1996, the court held a non-jury trial to determine whether Westwood-Squibb Pharmaceuticals, Inc. (“Westwood”), can recover response costs for the cleanup of an 8.8 acre parcel of property in Buffalo, New York, for which it claims National Fuel Gas Distribution Corporation (“National Fuel”) 1 is liable under the Compreh...
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61 F.Supp.2d 1141 (1999) Delila RANDALL, Widow and Representative of James W. Randall, Plaintiff, v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. No. CIV. 98-6172-JO. United States District Court, D. Oregon. August 17, 1999. *1142 Ralph Wilborn, Eugene, OR, for Plaintiff. William W. Youngman, Assistant United States Attorney, District of Oregon, United States Attorney's Office, ...
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OPINION AND ORDER Plaintiff-appellant Michael Batían (“trustee”), the trustee of the debtor’s bankruptcy estate in In re Smith’s Home Furnishings, Inc., Bankr. Ct. Case No. 395-35704-elp7, appeals a final decision by the bankruptcy court in favor of defendant-appellee Transameriea Commercial Finance Corporation (“TCFC”) in an adversary proceeding, Batian v. Transameri...
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RULING ON MOTION FOR SUMMARY JUDGMENT INTRODUCTION In her five count complaint plaintiff, Er-anze Booze, alleges claims against Shaw-mut Bank, Connecticut, N.K.A. Fleet Bank (“Fleet”) for race discrimination pursuant to 42 U.S.C. Section 1981, retaliation pursuant to 29 U.S.C. 29 U.S.C. Section 215(a)(3) intentional infliction of emotional distress, breach of contract and defamation. Each...
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RULING ON DEFENDANTS CITY OF DERBY, DERBY POLICE DEPARTMENT, PASQUALE GUILA-NO AND JOSEPH IACUONE MOTION FOR SUMMARY JUDGMENT INTRODUCTION Plaintiff Stephanie Soltis brings this eight-count complaint against, inter alia, the City of Derby, the Derby Police Department, Chief of Police Pasquale Guli-ano, and Officer Joseph Iacuone of the Derby Police Department (the “City and Police”). Th...
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MEMORANDUM OPINION AND ORDER In this interpleader action involving the proper disposition of oil and gas royalty payments, Defendants Floyd R. Hester and Carol B. Hester (collectively the “Hes-ters”) move to dismiss for failure to state a claim pursuant to Rule 12(b)(6). Defendant United States of America (“the government”) moves for default judgment, pursuant to Rule 55(b)(2), against De...
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MEMORANDUM OPINION AND ORDER I. Introduction. Plaintiff Robert Robinson appeals to this court to review the decision of Public Law Board No. 5914 reinstating him to employment with Union Pacific Railroad in the state of Colorado without back pay or compensation for benefits lost. Defendant Union Pacific Railroad has moved to dismiss Plaintiff’s first and third claims for relief pursuant to ...
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MEMORANDUM BACKGROUND: On March 22, 1999, petitioner George E. Banks, an inmate at the State Correctional Institution at Waymart, Wayne County, Pennsylvania, commenced this action with the filing of a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. According to the petition, Banks was convicted in 1983 of twelve counts of first-degree murder, one count of t...
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44 F.Supp.2d 882 (1999) Susan L. HOSKINS, Plaintiff, v. OAKLAND COUNTY SHERIFF'S DEPARTMENT and The County of Oakland, Defendants. No. Civ. 98-40213. United States District Court, E.D. Michigan, Southern Division. March 26, 1999. *883 Joseph C. Bird, Jeffrey J. Fleury, Stark, Reagan, Troy, MI, for Susan L. Hoskins, plaintiff. Steven M. Potter, Rick J. Patterson, Potter, Carniak, Auburn Hills, MI,...
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MEMORANDUM AND ORDER Petitioner Joe Barrios moves under 28 U.S.C. § 2255 to have his sentence vacated and reimposed so that he may file a new notice of appeal. Mr. Barrios claims he received inadequate assistance of counsel because his attorney, after filing a notice of appeal on Mr. Barrios’ behalf, never filed any briefs, despite Mr. Barrios’ desire to pursue, his appeal. On October 31, 1997,...
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OPINION Mohamad Dolah and Marshall Weinberg were charged, in an eleven count indictment, along with William Stern, Nelson Walker, Jeremy Crittenden and Eric Martinez, with conspiracy to commit fraud in connection with the offer and sale of the common stock of ConnecTechnologies, Inc. and Vital Signs, Inc. from July, 1997 to February, 1998 in violation of Title 18, United States Code, § 37...
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OPINION AND ORDER I. Introduction Plaintiffs Music Sales Corporation (“Music Sales”) and Tempo Music Corporation (“Tempo”) seek a declaratory judgment that they are the rightful owners of the copyrights to certain musical compositions. 1 Defendants Gregory Morris and the Estate of Billy Strayhorn, et al., 2 similarly seek a judgment that they are the rightfu...
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ORDER This civil rights action (42 U.S.C. § 1983 and supplemental state-law claims) arises from an incident in which plaintiff was mistakenly arrested pursuant to a bench warrant that was issued for his son. On defendants’ motion, United States Magistrate Judge Joseph R. McCrorey has entered a Report and Recommendation (“the Report”) in which he recommends that the Court enter summary judgment i...
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76 F. Supp. 2d 1083 (1999) Symphony GRACE, Plaintiff, v. THOMASON NISSAN, an Oregon Corporation, and David Campbell, Defendants. No. 98-177-HU. United States District Court, D. Oregon. August 16, 1999. J. William Savage, Angela J. Hart, Rieke & Savage, P.C., Portland, Oregon, for plaintiff. Douglas R. Andres, Bullivant Houser & Bailey, Portland, Oregon, for defendant Thomason Nissan. Pete...
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RULING ON DEFENDANT’S MOTION FOR JUDGMENT AS A MATTER OF LAW OR IN THE ALTERNATIVE, FOR A NEW TRIAL This civil action, claiming breach of an employment contract for failure to pay a bonus under the employer’s Variable Compensation Program, was tried to a jury for four days in December, 1998. At the conclusion of the trial, the jury returned a special verdict, responding to six interrogatories...
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51 F. Supp. 2d 667 (1999) Raymond A. INGRAM, Plaintiff, v. Andrew M. CUOMO, Secretary of the United States Department of Housing and Urban Development, Defendant. No. 1:97CV01249. United States District Court, M.D. North Carolina. May 5, 1999. *668 P. Wayne Robbins, Pinehurst, NC, for plaintiff. Gill P. Beck, Office of U.S. Attorney, Greensboro, NC, for defendant. MEMORANDUM OPINION BEATY, Distr...
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64 F. Supp. 2d 37 (1999) Patricia WILLIAMS, Plaintiff, v. Edward LOPES and Sergeant Brunelli, Defendants. No. 3:96 CV 2505(GLG). United States District Court, D. Connecticut. August 16, 1999. *38 *39 John R. Williams, Williams, Polan & Pattis, New Haven, CT, for plaintiff. Marcia Gleeson, Sack, Spector & Barrett, West Hartford, CT, for defendants. OPINION GOETTEL, District Judge. Pursuan...
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60 F. Supp. 2d 935 (1999) Marna HOLMAN v. WEST VALLEY COLLECTION SERVICES, INC., and Thomas Baron, individually. No. 98-CV-2730JMR/FLN. United States District Court, D. Minnesota. August 4, 1999. Thomas J Lyons, Jr, St Paul, MN, for Marna Holman, plaintiff. John Alpiner Halpern, Halpern & Assoc, Mpls, MN, Susan Dickel Minsberg, Minsberg Law Office, Mpls, MN, for West Valley Collection Service...
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ORDER This action is before the court on Plaintiffs Motion for Reconsideration of this court’s grant of summary judgment to Defendants. *558 A “motion for reconsideration” is not recognized by the Federal Rules of Civil Procedure. A motion denominated as such is treated as a motion to alter or amend a. judgment pursuant to Rule 59(e). See Edward H. Bohlin Co. v. Bannin...
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60 F. Supp. 2d 523 (1999) Patty HANSEN, Plaintiff, v. NORTH TRIDENT REGIONAL HOSPITAL, INC., d/b/a Trident Medical Center, Defendant. No. 2:98-1890-18. United States District Court, D. South Carolina, Charleston Division. June 22, 1999. *524 George Kefalos, Charleston, SC, for plaintiff. J. Gail Rahn, Charleston, SC, Karin A. Verdon, Atlanta, GA, for defendant. ORDER NORTON, District Judge. This...
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ORDER This matter comes before the court on Defendant United States’ Motion for Leave to File a Third-Party Complaint against Plaintiffs parents, alleging causes of action for contribution and equitable indemnification. I. Background This products liability case arises out of an injury the infant Plaintiff received when her father, who worked for the United States Navy, took her...
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60 F. Supp. 2d 632 (1999) Tonya S. GRAHAM, Linda Pearl, Plaintiffs, v. GALLANT INSURANCE GROUP, Defendant. No. 3:97CV-459(R). United States District Court, W.D. Kentucky, Louisville Division. August 9, 1999. *633 Richard Martin Breen, Mat A. Slechter, Richard Breen Law Offices, Louisville, KY, for plaintiffs. John J. McLaughlin, Michael F. Lawrence, Charles H. Cassis, Goldberg & Simpson, Loui...
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50 F. Supp. 2d 489 (1999) William M. COOPER, Jr., and Teresa Cooper, Plaintiffs, v. Daniel GLICKMAN, Secretary, United States Department of Agriculture, Defendant. No. 1:98CV00089. United States District Court, M.D. North Carolina. May 11, 1999. *490 *491 William McCullough, Raleigh, NC, for plaintiffs. Gill P. Beck, Office of U.S. Attorney, Greensboro, NC, for defendant. MEMORANDUM OPINION BEAT...
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OPINION AND ORDER Plaintiff Sandra Wallace, an Oregon resident, alleges that defendant Smith & Smith Construction Inc., an Oregon corporation, unlawfully discriminated against her in violation of Title VII of the Civil Rights Act (42 U.S.C. § 2000(e)). Plaintiff also alleges state law tort claims of unlawful discrimination, wrongful discharge, and negligence. Defendant now moves ...
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RULING ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT Plaintiffs, Rebecca and Lauriston La-May who are husband and wife, have filed *585 a multi-count complaint against the Town of Bloomfield (“Town”), former Chief of Police Anthony Magno, Captain Richard Mulhall, and Sergeant Daniel Rosenthal (collectively “the individual police defendants”), and Connecticut Light and Power ...
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64 F. Supp. 2d 12 (1999) Sharon PEDDLE, Plaintiff, v. Kathleen Hawk SAWYER, Director, Federal Bureau of Prisons, individually and in her official capacity, et als., Defendants. No. 398CV2364(WWE). United States District Court, D. Connecticut. July 22, 1999. *13 David N. Rosen, Rosen & Dolan, P.C., New Haven, CT, Michael D. Pinard, Brett Dignam, Jerome N. Frank Legal Services, New Haven, CT, f...
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64 F. Supp. 2d 970 (1999) CENTER FOR LEGAL STUDIES, INC.; et al., Plaintiffs, v. Ray LINDLEY; et al., Defendants. No. CIV. 99-473-JO. United States District Court, D. Oregon. August 18, 1999. *971 *972 James L. Hiller, Hitt & Hiller, Portland, OR, Craig William Barber, Craig William Barber, P.C., Golden, CO, for Plaintiffs. Cynthia A. Botsios, Department of Justice, Salem, OR, for Defendants....
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61 F.Supp.2d 600 (1999) VOTING INTEGRITY PROJECT, INC., Joseph Pena, Francisco C. Carrillo, Joe Hernandez, Pedro Villa, and Theo S. Copeland, Plaintiffs, v. Elton BOMER, Secretary of the State of Texas, Defendant. Civil Action No. 99-247. United States District Court, S.D. Texas, Houston Division. August 9, 1999. *601 M. Miller Baker, Carr Goodson Warner, Washington, DC, for plaintiff. Deborah An...
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60 F. Supp. 2d 846 (1999) Alan L. MATHENEY, Petitioner, v. Ron ANDERSON, Superintendent, Respondent. No. 3:98 CV 183 AS. United States District Court, N.D. Indiana, South Bend Division. July 30, 1999. *847 *848 Marie F Donnelly, Alan Freedman, Chicago, IL, for Alan L Matheney, petitioner. Andrew L Hedges, Michael A Hurst, Indiana Attorney General, Indianapolis, IN, for Ron Anderson, Superintenden...
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72 F. Supp. 2d 944 (1999) Mario L. SIMS, Sr., Plaintiff, v. Joseph E. KERNAN, individually and in his official capacity of Lieutenant Governor of the State of Indiana, Frank O'Bannon, individually and in his official capacity, Michael P. Barnes, individually and in his official capacity as the elected prosecutor of St. Joseph County, John Marnocha, individually and in his official capacity as the...
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MEMORANDUM AND ORDER This matter is before the court on a motion for summary judgment filed by the defendants on April 21, 1999. The plaintiffs filed their response on June 25, 1999, to which the defendants declined to reply. For the following reasons, the defendants’ motion for summary judgment will be granted. Summary Judgment Standard Summary judgment is proper “if the pleadings, dep...
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60 F. Supp. 2d 869 (1999) PAPER MANUFACTURERS COMPANY, Plaintiff, v. RESCUERS, INC., f/k/a Arcar Graphics, Inc., Defendant. No. 3:97 CV 582 AS. United States District Court, N.D. Indiana, South Bend Division. August 19, 1999. *870 *871 *872 Edward A Sullivan, III, Baker and Daniels, South Bend, IN, Albert J Dahm, Baker and Daniels, Fort Wayne, IN, for Zimmer, Inc. Philip E. Kalamaros, Timothy J. ...
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45 F. Supp. 2d 1375 (1999) Burnette THOMAS, Plaintiff, v. REHABILITATION SERVICES OF COLUMBUS, INC., Defendant. No. 1:98-CV-134-2(WLS). United States District Court, M.D. Georgia, Albany Division. March 19, 1999. Maurice L. King, Jr., Albany, GA, for Burnette Thomas, plaintiff. James E. Humes, II, Columbus, GA, for Rehabilitation Services of Columbus, Inc., defendant. *1376 ORDER SANDS, Distri...
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61 F. Supp. 2d 817 (1999) William MENGES, Plaintiff, v. DEPUY MOTECH, INC., et al., Defendants. No. 3:96 CV 0026 AS. United States District Court, N.D. Indiana, South Bend Division. June 11, 1999. *818 *819 *820 Andrea S. Lestelle, Terrence J. Lestelle, Lestelle and Lestelle, Metairie, LA, Roy F. Amedee, Jr., LaPlace, LA, for William Joseph Menges. Mark D. Boveri, Barnes and Thornburg, South Bend...
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ORDER AND MEMORANDUM OF DECISION In an indictment filed April 13, 1999, the United States of America (“the Government”) alleges that Defendant Donald J. Reith (“Defendant”) possessed an unregistered firearm in violation of 26 U.S.C. §§ 5861(d) and 5871. Before the Court is Defendant’s Motion to Suppress statements and evidence obtained in connection with his arrest on this charge. For the reasons ...
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61 F.Supp.2d 889 (1999) James HARRIS, et al., Plaintiffs, v. DEACONESS HEALTH SERVICES CORPORATION, et al., Defendants. No. 4:99-CV-701 CAS. United States District Court, E.D. Missouri, Eastern Division. July 13, 1999. *890 *891 Randall S. Parker, Parker Law Office, St. Louis, MO, for Plaintiffs. Brent W. Baldwin, Hinshaw and Culbertson, Kenneth W. Bean, Sandberg and Phoenix, St. Louis, MO, for D...
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RULING ON CROSS MOTIONS FOR SUMMARY JUDGMENT Plaintiffs Ranger Insurance Company (“Ranger”) and Avemco Insurance Company (“Avemco”) filed suit in this court seeking (1) a declaratory judgment to determine Ranger’s liability under an aviation insurance policy; (2) a determination that Ranger’s insurance policy with the Defendant Kovach was void ab initio; (3) *176 a determ...
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60 F. Supp. 2d 445 (1999) Kevin BALTUSKONIS, Plaintiff, v. US AIRWAYS, INC., Defendant. No. Civ.A. 98-CV-1360. United States District Court, E.D. Pennsylvania. August 17, 1999. *446 Jonathan H. Stanwood, Media, PA, for plaintiff. Tom A. Jerman, Emily A. Kline, O'Melveny & Myers LLP, Washington, DC, Barbara Rittinger Rigo, Buchanan Ingersoll, P.C., Philadelphia, PA, for defendant. MEMORANDUM ...
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MEMORANDUM OPINION Before me are two motions for summary judgment brought by the defendant Canadian American Transportation, C.A.T. (U.S.), Inc. (“C.A.T.”). The first motion, filed March 11, 1999 alleges that C.A.T. is not a proper defendant in this sexual discrimination case because it was not the employer of plaintiff Lori Grimes at the time of the offenses complained of. It is the defendan...
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61 F. Supp. 2d 607 (1999) Joseph CARSON, v. MAERSK, LTD. Civil Action No. G-98-525. United States District Court, S.D. Texas, Galveston Division. August 19, 1999. *608 Ronald L White, Brown Sims Wise & White, Houston, TX, for Ron White. Richard Lee Melancon, Melancon and Hogue, Friendswood, TX, for Joseph Carson. James Richard Watkins, Royston Rayzor et al., Galveston, TX, for Maersk Ltd, Exp...
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45 F. Supp. 2d 1345 (1999) SONY MUSIC ENTERTAINMENT, INC., A & M Records, Inc., BMG Music, d/b/a The RCA Record Label; Capitol Records, Inc., Elektra Entertainment, a division of Warner Communications, Inc., MCA Records, Inc.; Polygram Records, Inc., and Warner Bros. Records, Inc., Plaintiffs, v. GLOBAL ARTS PRODUCTIONS; Danny Jordan; Saturn Records; Stack-O-Hits; and Jack Mellman, Defendants...
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ORDER Pending before the Court are Defendant Cuero Independent School District (“CISD”)’s Motion to Dismiss (Dkt.# 15); Plaintiffs’ “Motion to Suppress” (Dkt.# 21); and Plaintiffs’ Motion for Default Judgment (Dkt.# 26). I. Factual Background Plaintiffs’ complaint can be distilled to a single paragraph: “Notice of lien and notice of levy were filed against Petitioner on August 4, and August 25,...
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60 F. Supp. 2d 298 (1999) Beverly WILCHER, Sharon Smith, Michael Danylo, Cornelius Skinner, Wilmington Fire-Fighters Assoc. Local 1590, Plaintiffs, v. CITY OF WILMINGTON, James A. Sills, James T. Wilmore, Sr., Clifton E. Armstead, S.A. Wayne Crosse, William J. Yanonis, Defendants. City of Wilmington, Third Party Plaintiff, v. Sodat-Delaware, Inc., Third Party Defendant. No. Civ.A. 94-137-JJF. Uni...
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60 F. Supp. 2d 308 (1999) Joseph W. NELSON and Mary D. Nelson, Plaintiffs, v. Michael P. WALSH, Sheriff of New Castle County, Lester Mealey, Deputy Sheriff, Elizabeth Lake, Deputy Sheriff, New Castle County Sheriff's Dept., New Castle County Police Department, Edward Sommers, Patrolman, Thomas Donovan, Officer, and New Castle County, Defendants. No. Civ.A. 98-624-JJF. United States District Court...
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OPINION The issue before the court is whether the members of a defendant’s board of directors may be counted as ‘employees’ so as to confer subject-matter jurisdiction on the court under Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C.A. §§ 1981a, 2000e through 2000e-17), and the Americans with Disabilities Act (42 U.S.C.A. §§ 12101 through 12213), commonly referred to...
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61 F. Supp. 2d 1224 (1999) John DOE, Plaintiff, v. Bill PRYOR, et al., Defendants. No. Civ.A. 99-T-730-N. United States District Court, M.D. Alabama, Northern Division. August 16, 1999. *1225 Kyla L. Groff, Alec Brown & Associates, P.C., Alexander City, AL, David A. Gespass, Gespass & Johnson, Birmingham, AL, Scott A. Boykin, Birmingham, AL, Shannon L. Holliday, Wetumpka, AL, for John Doe...
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61 F. Supp. 2d 604 (1999) Gerald Lee BABB, Jr., # 649412 v. Gary L. JOHNSON. Civil No. G-98-559. United States District Court, S.D. Texas, Galveston Division. August 13, 1999. *605 Gerald Lee Babb, Jr., Abilene, TX, pro se. Idolina Garcia McCullough, Office of the Attorney General, Austin, TX, for respondent. OPINION AND ORDER KENT, District Judge. Before the Court is the Motion for Summary Judg...
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60 F. Supp. 2d 620 (1999) Todd MILLER, Plaintiff, v. Harvey BUNCE, III, et al., Defendant. No. Civ.A. G-98-382. United States District Court, S.D. Texas, Galveston Division. August 19, 1999. *621 Mary L. Sinderson, Dameris and Kuniansky, Houston, TX, Gaines F. West, II, West Webb Allbritton & Gentry, College Station, TX, for plaintiff. Christopher N. Johnsen, Office of Attorney General, Austi...
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60 F. Supp. 2d 614 (1999) James A. COLLINS, et al. v. MORGAN STANLEY DEAN WITTER and Ian C.T. Pereira. No. Civ.A. G-99-052. United States District Court, S.D. Texas, Galveston Division. August 17, 1999. *615 Patrick Andrew Zummo, Zummo & Perry, Houston, TX, David Burke Harberg, Houston, TX, for plaintiffs. Robin C Gibbs, Gibbs & Bruns, Houston, TX, Robert Joseph Madden, Gibbs & Bruns,...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING PLAINTIFFS’ MOTION FOR IN-JUNCTIVE RELIEF 1 In 1978, the Michigan Legislature enacted a statute to protect children by prohibiting the distribution of obscene materials to children of this state. 1978 Public Act 33, M.C.L. 722.671 et seq.; M.S.A. 25.254(1) et seq. In an effort to modernize the statute in light...
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OPINION Presently before the Court is the Plaintiffs Letter Motion to Compel the Defendant, the Federation of Physicians and Dentists, Inc., to comply with the Government’s First Request for Documents and to compel non-party orthopedic surgeons, orthopedic surgeon group practices and Dr. Connair to comply with certain requests made in subpoenas duces tecum served on them. (...
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DECISION AND ORDER Introduction On November 23, 1998, plaintiffs filed a complaint seeking a declaratory judgment invalidating regulations adopted by defendant Niagara County Board of Health restricting smoking in certain public places in Niagara County. Defendants filed an answer to the complaint on December 29, 1998. On February 3, 1999, plaintiffs moved for both a prelimi...
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MEMORANDUM OPINION This matter is before the Court on defendant Howard’s motion to dismiss the indictment pursuant to the Speedy Trial Act, 18 U.S.C. § 3161 et seq., in which defendant Ferguson joined during the hearing on August 12, 1999. For reasons stated herein, the Court grants in part and denies in part the motion to dismiss the pending indictment. Relevant Facts Defendants Howard...
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61 F. Supp. 2d 128 (1999) CONTINENTAL CASUALTY COMPANY, Plaintiff, v. AMERICAN HOME ASSURANCE COMPANY and National Union Fire Insurance Company of Pittsburgh, PA, Defendants. Civil Action No. 99-260-JJF. United States District Court, D. Delaware. August 11, 1999. *129 Kevin Gross, Rosenthal, Monhait, Gross & Goddess, Wilmington, DE, of counsel, Ronald P. Schiller, Joseph Kernen, and Carla Pen...
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48 F. Supp. 2d 911 (1999) David L. SOKOL, Plaintiff, v. Roger G. KENNEDY, in his official capacity as Director of the National Park Service; Bruce Babbitt, in his official capacity as Secretary of the United States Department of the Interior; and the United States of America, Defendants. No. 8:97CV51. United States District Court, D. Nebraska. February 22, 1999. *912 Bartholomew L. McLeay, Michae...
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MEMORANDUM AND ORDER On April 26, 1996, Michael G. Oleson commenced this action against his former employer, the KMart Corporation. On June 19, 1996, Oleson filed an amended complaint. In his fourteen page amended complaint, Oleson asserts six separate claims against KMart. Oleson alleges violations of the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Workers’ Co...
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MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART BOTH DEFENDANTS’ MOTION TO DISMISS FOR INADEQUATE SERVICE AND DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; AND DISMISSING THE COMPLAINT AGAINST THE CLARKS-TOWN POLICE DEPARTMENT AND MICHAEL DOYLE Plaintiffs, four African-American men, brought this action against the Town of Clarkstown, its police department (together the “Municipal ...
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OPINION This is a class action antitrust suit for damages and injunctive relief. Plaintiffs, owners and breeders of purebred Labrador Retriever dogs (“Labs”), claim that rival breeders and sellers of Labs conspired to cause one defendant, the Labrador Retriever Club (“LRC”), to recommend, and the other defendant, the American Kennel Club (“AKC”), to adopt, a new rule concerning breed standard...
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MEMORANDUM AND ORDER I. Procedural History This cause is before this court on the motion of the Secretary of Agriculture Dan Glickman (“Glickman”) to dismiss count III of the complaint for lack of subject matter jurisdiction, pursuant to Fed. R.Civ.P. 12(b)(1), filed June 1, 1999. Plaintiff Gary Weesner (“Weesner”) filed his opposition to the motion on June 16, 1999, and Glickman rep...
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MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT On April 26, 1957, Plaintiff, Dorothy Freeman, planning ahead for her retirement, purchased an annuity from Mutual Benefit Life Insurance Company (“Mutual”). She bought a similar one in 1967, and a third, policy number 65042, ...
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MEMORANDUM AND ORDER Plaintiff Dr. Vittorio Nardi, a plasma physicist and New York domiciliary, had for nearly thirty years conducted government funded research at defendant Stevens Institute of Technology (“Stevens”) in Hoboken, New Jersey. His relationship *35 with Stevens ended in January 1995 after he received notice from Stevens that his plasma research laboratory ha...
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MEMORANDUM and ORDER Presently before the Court is the motion of Defendant Chum Limited (“Chum”) to dismiss the action on the grounds of forum non conveniens. 1 For the reasons set forth below, the motion is denied. BACKGROUND Plaintiff Bravo Company (“Bravo”) is the producer and owner of a cable television service that features film and arts programming. (Com...
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MEMORANDUM DECISION AND ORDER The defendant-appellant Bambú Sales, Inc. (“Bambú”) appeals from a decision of *557 United States Bankruptcy Judge Dorothy D.T. Eisenberg dated June 26, 1998, which held that Bambú must pay 'the debtor’s pro rata share of the dividends issued after Bambú had elected to purchase the debt- or’s shares pursuant to New York Business Corporation Law (“BCL”) § 1118. ...
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DECISION AND ORDER ACCEPTING IN PART AND REJECTING IN PART THE REPORT AND RECOMMENDATION OF THE HON. LISA MARGARET SMITH On May 14, 1999, I received a thorough Report and Recommendation from the Hon. Lisa Margaret Smith in the above-captioned matter — a suit for copyright infringement, trade name infringement, unfair competition and breach of contract, brought by a surveyor whose site pla...
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MEMORANDUM — DECISION AND ORDER I. Introduction On April 25, 1996, Defendant Town of Woodstock (“Defendant” or “the Town”) passed Local Law # 1 of 1996 (the “Vending Law”), which prohibited commercial activities anywhere in the Town without a license and absolutely prohibited commercial activities on the Village Green. The Vending Law, however, provided an exemption fo...
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48 F.Supp.2d 919 (1999) UNITED STATES of America, Plaintiff, v. Philip F. CALEK, Defendant. No. 8:98CR153-1. United States District Court, D. Nebraska. March 31, 1999. Michael P. Norris, Assistant United States Attorney, Omaha, NE, for plaintiff. Steven E. Achelpohl, Omaha, NE, for defendant. MEMORANDUM AND ORDER BATAILLON, District Judge. Before me is the defendant's appeal (Filing No. 24) of t...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT BEFORE THIS COURT is the Motion of the Defendants, Outboard Marine Corporation and Recreational Boat Group Limited Partnership (hereinafter referred to as either “Defendants” or “OMC”), for Summary Judgment [13-1]. In their Motion, Defendants contend that Plaintiffs claims are preempted by provisions of the ...
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60 F. Supp. 2d 911 (1999) Paul SMITH, Plaintiff, and Travelers Property Casualty, Subrogated Plaintiff, v. MEADOWS MILLS, INC., Defendant. No. 98-C-310. United States District Court, E.D. Wisconsin. August 17, 1999. *912 James Garner, Dixon Gahnz, Madison, WI, for plaintiff. Timothy Strattner, James M. Fergal, Waukesha, WI, for defendant. DECISION AND ORDER ADELMAN, District Judge. Plaintiff Pau...
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MEMORANDUM OPINION AND ORDER Introduction This case arises out of a physical injury suffered by Plaintiff Robert A. Foster (“Foster”) in the course of his employment with Defendant Soo Line Railroad Company, d/b/a CP Rail System (“the Soo Line”) and the investigatory proceedings and eventual job termination that followed. Foster filed suit in this Court, alleging, inter alia, that th...
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*185 MEMORANDUM AND ORDER RE: DEFENDANTS’ MOTION TO DISMISS DEFENDANTS JAMES MA-TESANZ AND KATHLEEN COLE (DOCKET ENTRY # 79) On January 8, 1999, defendants Kathleen A. Cole (“Cole”) and James Matesanz (“Matesanz”) (collectively: “defendants”) filed their second motion to dismiss without seeking leave of court. (Docket Entry # 79). Initially, this court denied the motion on a proc...
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60 F. Supp. 2d 1244 (1999) Craig PINDELL, Plaintiff, v. Marie WILSON-McKEE, Karyl Robb, Gary Stephenson, and Patrick Green, Defendants. No. 99-CV-07-J. United States District Court, D. Wyoming. August 17, 1999. *1245 *1246 Stephen H Kline, Kline & Jenkins, Cheyenne, WY, Richard C Slater, Bayless & Slater Law Firm, Cheyenne, WY, for Craig Pindell, plaintiff. Francisco L Romero, J Murry Sha...
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60 F. Supp. 2d 738 (1999) Donald RUFF, et al., Plaintiffs, v. Marvin RUNYON, et al., Defendants. No. 1:97-CV-2224. United States District Court, N.D. Ohio, Eastern Division. August 3, 1999. *739 *740 *741 Alan I. Goodman, Cleveland, OH, Kenneth D. Myers, Cleveland, OH, for plaintiffs. Lynne H. Buck, Office Of The U.S. Attorney, Cleveland, OH, for defendants. OPINION AND ORDER GWIN, District Judg...
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MEMORANDUM AND ORDER Under New York statutory law, the State of New York (“State”) is obliged to provide free care and treatment at its psychiatric hospitals for mentally ill indigents. Accordingly, it will not bill or sue a patient for services rendered unless or until the patient has the ability to pay. If, however, an indigent patient, or an indigent ex-patient, sues the State in t...
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60 F. Supp. 2d 1003 (1999) CENTIGRAM ARGENTINA., S.A., an Argentina corporation, Plaintiff, v. CENTIGRAM INCORPORATED, a California corporation, Defendant. Centigram Communications Corporation, a Delaware corporation, Counterclaim Plaintiff, v. Centigram Argentina, S.A., an Argentina corporation, and Justo Milan, Counterclaim Defendants. No. C 98 21281 EAI. United States District Court, N.D. Cali...
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61 F. Supp. 2d 1082 (1999) Jeffrey Jay RUTGARD, Plaintiff, v. Richard HAYNES, Defendant. No. Civ. 98-0524-TW(JFS). United States District Court, S.D. California. May 21, 1999. *1083 William Cohan, for Plaintiff. Reg Vitek, Michael Leone, San Diego, CA, for Defendant. ORDER GRANTING DEFENDANT'S MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT [35-1] STIVEN, United States Magistrate Judge. I. I...
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61 F. Supp. 2d 581 (1999) TRAVIS COUNTY, et al., Plaintiff, v. RESOLUTION TRUST CORPORATION, as Receiver for Bexar Savings Associations, et. al., Defendants. No. Civ.A. A98-CA-598ADA. United States District Court, W.D. Texas, Austin Division. May 11, 1999. *582 Shirley W. Warren, Travis County Attorney's Office, Austin, TX, for plaintiffs. Adolfo Ruiz, Villarreal, Moreno & Ruiz, San Antonio, ...
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60 F. Supp. 2d 534 (1999) William R. WASHLEFSKE, Plaintiff, v. Andrew J. WINSTON, Individually, and in his official capacity as Chairman of the Board of Corrections, and, Ronald Angelone, Individually, and in his official capacity as Director of Virginia Department of Corrections, Defendants. No. 2:98CV1466. United States District Court, E.D. Virginia, Norfolk Division. August 13, 1999. *535 Will...
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MEMORANDUM OPINION Before the Court is defendant Douglas R. Rayburn’s (“Rayburn”) Motion For Release of Funds in order to retain legal counsel for defendant Current Financial Services of Mississippi, Inc. (“CFSM”). 1 *67 Upon consideration of the entire record, the Court denies Rayburn’s motion. On December 5,1991, the Court issued a temporary restraining orde...
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60 F. Supp. 2d 1050 (1999) PLAYBOY ENTERPRISES, INC., Plaintiff, v. Terri WELLES, et al, Defendants. No. Civ. 98-0413-K (JFS). United States District Court, S.D. California. August 2, 1999. Juanita Brooks, San Diego, CA, for Plaintiff. Dorothy A. Johnson, San Diego, CA, for Defendants. ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S REQUEST FOR DISCOVERY STIVEN, United States Magistrate J...
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ORDER The Cherokee Nation instituted this federal court action against NationsBank, N.A. (“the Bank”), contesting garnishment proceedings brought in state and tribal court by various judgment creditors. It is alleged that this court has jurisdiction pursuant to 28 U.S.C. §§ 1332(a) (diversity), 1362 (actions brought by Indian tribes arising under the Constitution, laws, or treaties of the Uni...
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OPINION On November 6, 1998, co-defendant, El Fénix de Puerto Rico (“El Fénix”), filed a Motion for Summary Judgment alleging that the General Commercial Liability Policy issued to co-defendant Pan American Grain Mfg. Co. (“Pan American”), does not provide liability coverage for the personal injuries sustained by plaintiff. (Docket No. 97). Plaintiff, Joseph Nahan (“Na-han”) filed a b...
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OPINION AND ORDER Plaintiff, Wilshire Credit Corporation (“Wilshire”), filed a diversity action for collection of monies and foreclosure of pledge and mortgages relating to a loan agreement, a promissory note, and several personal guarantees. Plaintiff acquired the promissory note and now seeks recovery against co-defendant, G & C Plaza, as issuer of the note. See Complaint...
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45 F. Supp. 2d 783 (1999) Robert CUNNINGHAM, Plaintiff, v. Daryl GATES, et. al., Defendants. Armand Soly, et. al., Plaintiffs, v. Daryl Gates, et. al., Defendants. Grover Smith, et al., Plaintiffs, v. Daryl Gates, et al., Defendants. D. Lyons, et al., Plaintiffs, v. Daryl Gates, et al., Defendants. G. Nicoletti, et al., Plaintiffs, v. Daryl Gates, et al., Defendants. Michael Smith, Plaintiff, v. ...
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61 F. Supp. 2d 661 (1999) Donna Anne REEVES, Petitioner, v. Janet RENO and Carol Jenifer, Respondent. No. 97-76083. United States District Court, E.D. Michigan, Southern Division. August 20, 1999. *662 William W. Swor, Detroit, MI, for plaintiff. Elizabeth J. Larin, Asst. U.S. Atty., Detroit, MI, for defendant. OPINION AND ORDER GRANTING WRIT OF HABEAS CORPUS[1] TARNOW, District Judge. I. Intr...
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64 F. Supp. 2d 435 (1999) UNITED STATES of America v. Darryl Lamont FRANKLIN. No. Crim. 99-00238-01. United States District Court, E.D. Pennsylvania. August 19, 1999. *436 Robert Goldman, Asst. U.S. Atty., Philadelphia, PA, for U.S. Glennis L. Clark, Allentown, PA, for Defendant. OPINION AND ORDER VAN ANTWERPEN, District Judge. I. INTRODUCTION This memorandum explains the reasons for our rulin...
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61 F. Supp. 2d 1129 (1999) Ramon BONILLA, Sylvia Glez, Agapito Torres, Jose Luis Guareno, Nelson Ventura, Leonardo Rosario, Gilberto Rodriguez, Jorge Amadiz, Pedro Rosaria, Santiago Estrella, on behalf of themselves and all other employees of Las Vegas Cigar Company similarly situated, Plaintiffs, v. LAS VEGAS CIGAR COMPANY, Defendant. No. CV-S-98-1298PMP (RLH). United States District Court, D. N...
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ORDER REMANDING CASE I. Introduction Debtor William Brown filed a pro se Chapter 7 petition in February 1997. His bankruptcy schedules listed a 20-inch gold necklace as an asset of the estate with a stated value of $760.1 The debtor scheduled the debt on this item as secured, subject to a purchase money security interest held by the jewelry store from which he purchased the necklace. Mr. Brown fil...
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60 F. Supp. 2d 1175 (1999) John G. TOPLIFF, Plaintiff, v. ATLAS AIR, INC., Defendant. No. 98-4196-DES. United States District Court, D. Kansas. July 8, 1999. *1176 David O. Alegria, McCullough, Wareheim & LaBunker, P.A., Topeka, KS, for John G Topliff, plaintiff. Diane P. Duvall, Polsinelli, White, Vardeman & Shalton, Overland Park, KS, Mary Hurley Stuart, Holme, Roberts & Owen LLP, D...
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OPINION AND ORDER Before the Court is defendant United States of America’s (“United States”) Motion to Dismiss for Lack of Subject Matter Jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1).1 For the following reasons, the Court grants defendant’s motion. BACKGROUND On April 28, 1994, the United States Postal Services (“the Postal Service”) delivered an express mail envelope to Charlie Auto Sales, Inc...
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MEMORANDUM AND ORDER [[Image here]] This case raises critical issues, issues which have rocked this city, and indeed this nation, for the past twenty-five to thirty years. The Plaintiffs challenge the constitutionality of the Defendants’ use of race in its student assignment plan, the Controlled Choice Student Assignment Plan (“the Plan”). They seek broad emergency relief, barrin...
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MEMORANDUM AND ORDER I. Introduction. This cause of action arises out of experiments conducted on individuals under the care of Massachusetts General Hospital and Brookhaven National Laboratory in the 1950’s and 1960’s. In the Second Amended Complaint (the “Complaint”), the plaintiffs (collectively, the “Plaintiffs”) allege that various doctors, institutions, and the Unit...
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OPINION AND ORDER Before the Court is a Motion to Dismiss presented by the defendant, Ms. Belarmina Morales, pursuant to Fed.R.Civ.P. 12(b)(6); (Docket No. 33). Plaintiff, Mr. Guiseppe Pandolfi de Rinaldis (“Pandolfi”), alleged violations of the First, Fifth and Fourteenth Amendments and 42 U.S.C. § 1983 (1995). This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331,1343(3), (4). (...
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CONCLUSIONS OF LAW REGARDING PATENT CLAIM CONSTRUCTION Ronald A. Katz (“Katz”) is the inventor in a large body of patents dealing with telephonic interactive voice applications. The plaintiffs, Ronald A. Katz Technology Licencing, L.P. and MCI Telecommunications Corporation, filed this patent infringement suit against AT & T Corporation, AT & T Universal Card Services Corporation, and...
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Memorandum and Order I.Jurisdiction The complaint in this case (Docket No. 1, filed October 29, 1998) asserts that this court has jurisdiction over this civil action by reason of diversity of citizenship. The claims asserted are for commissions or alternative forms of relief related to Location Agreements for Eligible Locations for Bell Atlantic public telephones. Claims are for brea...
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48 F. Supp. 2d 932 (1999) Michelle CARON, Plaintiff, v. CHARLES E. MAXWELL, P.C., a Professional Corporation, Villas West Iii Homeowners' Association, an Arizona Corporation, Charles E. Maxwell and Lisa Maxwell, husband and wife, Defendants. No. CIV-98-0946-PHX-ROS. United States District Court, D. Arizona. March 2, 1999. *933 John A. Buric, Warner Angle Roper & Hallam PLC, Phoenix, AZ, Mark ...
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48 F. Supp. 2d 924 (1999) Margaret CROSBY, individually and as personal representative of the Estate of Robert Crosby, deceased, Plaintiff, v. UNITED STATES of America, Defendant. No. A95-359 CV JWS. United States District Court, D. Alaska. April 9, 1999. *925 Michael W. Flanigan, Walther & Flanigan, Anchorage, AK, for Crosby, Margaret M. Kenneth S. Roosa, U.S. Attorney's Office, Anchorage, A...
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60 F. Supp. 2d 599 (1999) UNITED STATES of America, v. Juan Carlos OROZCO-GONZALEZ. No. MO:98-CR-139. United States District Court, W.D. Texas, Midland-Odessa Division. August 13, 1999. John S. Klassen, Assistant United States Attorneys, Midland, TX, for U.S. Paul K. Williams, Kirk & Williams, Midland, TX, for defendant. AMENDED MEMORANDUM ORDER AND OPINION DENYING MOTION TO SUPPRESS FURGESO...
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MEMORANDUM This Court rendered a decision from the bench on July 21, 1999, which expelled plaintiff Wayne L. Sprauve, Esquire ["plaintiff" or "Sprauve"], from practice before the District Court of the Virgin Islands for numerous violations of the rules of professional conduct. This Memorandum recounts the events in this case and memorializes the reasons for the plaintiff's disbarment. ...
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*395MEMORANDUM I. INTRODUCTION After argument on July 22, 1999, on the motion of Ian E. Williams, Jr. ["Williams"] to dismiss the indictment pending against him, the Court denied the motion from the bench. This Memorandum and Order memorialize that ruling. Williams is charged in a three-count indictment. Count I charges that Williams from January 14 to 29,1999 "did intentionally harass Brendaly Na...
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61 F. Supp. 2d 587 (1999) UNITED STATES of America v. Brian Scott SPRUILL. No. MO:98-CR-094-F. United States District Court, W.D. Texas, Midland-Odessa Division. August 13, 1999. John S. Klassen, Assistant United States Attorney, Midland, TX, for plaintiff. Vern F. Martin, Ed Martin, Midland, TX, for defendant. ORDER DENYING DEFENDANT'S MOTION TO DISMISS INDICTMENT FURGESON, District Judge. Befo...
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61 F. Supp. 2d 779 (1999) Edward MURPHY, et al., etc., Plaintiffs, v. ALLIED TUBE & CONDUIT CORPORATION, Defendant. No. 99 C 5289. United States District Court, N.D. Illinois, Eastern Division. August 19, 1999. John Michael Sutherland, Plymouth, MI, for plaintiff. MEMORANDUM OPINION AND ORDER SHADUR, Senior District Judge. Edward Murphy ("Murphy") and Richard Lambert ("Lambert"), who say the...
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61 F.Supp.2d 740 (1999) FRANKLIN COUNTY CONVENTION FACILITIES AUTHORITY, Plaintiff, v. AMERICAN PREMIER UNDERWRITERS, INC., et al., Defendants. No. C2-94-1050. United States District Court, S.D. Ohio, Eastern Division. August 6, 1999. *741 Richard A. Frye, Chester, Willcox & Saxbe, Columbus, OH, John A. Gleason, Benesch, Friedlander, Coplan and Aronoff, Columbus, OH, for Plaintiff. Michael C....
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MEMORANDUM OF OPINION AND ORDER Plaintiffs Red Lion Medical Safety, Inc. et al. bring this antitrust action against defendant Ohmeda, Inc. Ohmeda moves for summary judgment. I. Ohmeda, Inc. is one of the nation’s leading manufacturers of medical anesthesia equipment. Plaintiffs are independent service organizations (“ISOs”) who service anesthesia equipment, including Ohmeda ...
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MEMORANDUM & ORDER Presently before the Court is plaintiffs’ motion for class certification pursuant to Fed.R.Civ.P. 23. For the reasons set forth herein, the motion will be granted in part and denied in part. BACKGROUND The Children’s Place is a specialty retailer of apparel and accessories for newborn to twelve-year-old children. On September 18, 1997, pursuant to a Registration Statement and...
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61 F. Supp. 2d 1361 (1999) Mamadou Saliou DIALLO and Mariama Diallo, Plaintiffs, v. Janet RENO, as Attorney General of the United States; Doris Meissner, as Commissioner of the Immigration and Naturalization Service; Thomas P. Fischer, District Director of the Immigration and naturalization Service; Dwight Faulkner, Assistant District Director, Examinations Section, Defendants. No. 1:99-CV-378-CA...
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MEMORANDUM AND OPINION ORDER Before this Court is Plaintiffs’ Motion to Remand [7]. Having considered the motion, the numerous responses, the supplemental briefs, and the arguments of counsel at a May 11, 1999 hearing, this Court finds it lacks subject matter jurisdiction in the above-entitled cause of action. Accordingly, this Court GRANTS Plaintiffs’ Motion to Remand ...
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OPINION The United States of America (the “government”) has charged defendant John Doe # 1 (“John Doe”), a male who at the time of his arrest had not reached the age of eighteen, with eleven acts of juvenile delinquency, including murder, attempted murder, robbery, racketeering, assault, and distribution of and possession with intent to distribute crack cocaine and heroin in a superce...
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60 F. Supp. 2d 800 (1999) Jesse and Dorothy CAREY, married individuals; Nicholas and Deborah Dassion, married individuals, Rebekah Dassion, a minor by Nicholas Dassion her father, as natural guardian and next friend, and Mihailo and Janet Bozidarevic, married individuals, on behalf of themselves and all persons similarly situated, Plaintiffs, v. KERR-McGEE CHEMICAL CORPORATION, a Delaware corpora...
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60 F. Supp. 2d 1163 (1999) Blanche I. FROELICH, Plaintiff, v. THE CITY OF NEWTON, KANSAS, Defendant. No. 97-1368-WEB. United States District Court, D. Kansas. June 17, 1999. *1164 Cortland E. Berry, Newton, KS, for plaintiffs. Robert D. Myers, Myers Law Offices, Chartered, Newton, KS, James S. Pigg, Fisher, Patterson, Sayler & Smith, Topeka, KS, for defendant. MEMORANDUM AND ORDER WESLEY E. ...
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ORDER Pending before the Court are the motions for summary judgment filed by defendants, pursuant to Rule 56 of the Federal Rules of Civil Procedure. 1 On November 3, 1997, plaintiff, Frank Miller, filed the present action, 2 alleging numerous causes of action against defendants, 3 arising out of his arr.est for felonious assault. Specifically, Miller alleges a civil .rights violation...
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ORDER Pending before the Court are the motions for summary judgment filed by defendants, pursuant to Rule 56 of the Federal Rules of Civil Procedure. 1 On December 15, 1998, plaintiffs filed the present action, purportedly on behalf of themselves and a class consisting of an estimated 40 million consumers of defendants’ tobacco products, pursuant to Rule 23. 2 ...
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45 F.Supp.2d 1263 (1999) UNITED STATES of America, Plaintiff, v. Dan Leslie MEADOR, Defendant. No. 96-CR-113-C. United States District Court, N.D. Oklahoma. April 2, 1999. ORDER H. DALE COOK, District Judge. Before the Court is defendant, Dan Meador's, motion, styled "Application for Writ of Habeas Corpus." However, since 28 U.S.C. § 2255 is the exclusive remedy for a prisoner in federal custody...
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MEMORANDUM AND ORDER Pending before this Court is an action to review a final decision of the defendant, the Commissioner of the Social Security Administration (“the Commissioner”), denying the plaintiff, Edwin Sanchez (“Sanchez”), Social Security disability benefits (“SSD”) and supplemental security income (“SSI”) pursuant to the Social Security Act (“the Act”). See 42 U.S.C. §§ 405(g), 1383...
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60 F. Supp. 2d 384 (1999) Margaret KENNEDY, Plaintiff, v. CHUBB GROUP OF INSURANCE COMPANIES and Peggy Nadbielny, Defendants. No. CIV.A. 97-6173(MLC). United States District Court, D. New Jersey. August 26, 1999. *385 *386 *387 Franklin C. Steinberg, III, Law Offices of Franklin C. Steinberg, III, P.C., Somerville, NJ, for Plaintiff. Joel L. Finger, Barry Asen, Debi B. Debiak, Roberts & Finge...
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*640 MEMORANDUM DECISION This is an action claiming employment discrimination based on race (black) and gender (female), brought under both Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq., and 42 U.S.C. § 1983. There is also appended the customary state-law claim of intentional infliction of emotional distress. The defendants have ...
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70 F.Supp.2d 1005 (1999) Robert K. REKO, as Trustee for the surviving spouse, heirs, and next of kin of Darla Reko, deceased, Creditor, v. CREATIVE PROMOTIONS, INC., Debtor, v. Atlantic Mutual Insurance Company, Garnishee, and Lori Leiner, as Trustee for the next of kin of Rita M. Thorson, deceased, Creditor, v. Creative Promotions, Inc., Debtor, v. Atlantic Mutual Insurance Company, Garnishee. C...
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70 F. Supp. 2d 998 (1999) Robert K. REKO, as Trustee for the surviving spouse, heirs, and next of kin of Darla Reko, deceased, Creditor, v. CREATIVE PROMOTIONS, INC., Debtor, v. Atlantic Mutual Insurance Co., Garnishee. Lori Leiner, as trustee for the next-of-kin of Rita M. Thorson, deceased, Creditor, v. Creative Promotions, Inc., Debtor, v. Atlantic Mutual Insurance Co., Garnishee. No. 99-588 A...
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MEMORANDUM OPINION Plaintiff, John H. Nix, has brought this action alleging that former United States Representative Martin Hoke and Nix’s former neighbor, Bernice Ferencz 1 , engaged in a conspiracy to interfere with proceedings in a federal trial in Ohio. Nix has brought RICO and tort claims against both defendants and Bivens claims against Hoke. Before the court a...
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MEMORANDUM OPINION AND ORDER At issue before the court are Plaintiffs’, Frank Hardrick (“Hardrick”), Francois D. Seets (“Seets”), Andres . M. Smith (“Smith”) and William Shannon (“Shannon”) (hereinafter known collectively as “Plaintiffs”), Motion for Summary Judgment and Defendant’s, Airway Freight Systems, Inc. (“Airway”), Cross-Motion for Summary Judgment. For the reasons set forth ...
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MEMORANDUM OPINION This insider trading case is before the Court on the motion of defendants Dominic Alba, Dominic Spinelli, Josephine DeCie-co and Claudio Spinelli (the “Alba Defendants”) to dismiss the complaint on the grounds that it fails to plead fraud with the particularity required by Fed.R.Civ.P. 9(b) and fails to state a claim upon which relief may be granted. Given the nature of...
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MEMORANDUM OPINION AND ORDER Plaintiff Marianne Quinn commenced the instant action against defendants Thomas H. Lee Company and Thomas H. Lee (“Lee Defendants”), Diet Center Worldwide, Inc. (“DCWI”), United States Fidelity and Guaranty Company (“USF & G”), and Francis Teti (“Teti”) (collectively “defendants”). This action arises from the termination of two of plaintiffs Diet Center, Inc. ...
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MEMORANDUM OPINION AND ORDER Plaintiff Frank J. Sotolongo, a former employee of the New York City Transit Authority (“TA”), proceeding pro se, brings the instant action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“Title VII”), the *355 Age Discrimination in Employment Act, 29 U.S.C.A. § 623, et seq. (“ADEA”), and the Americans with Disability Act o...
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*25 MEMORANDUM OPINION AND ORDER Pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), plaintiff Alfred Gonzalez (“Gonzalez”) brings this action challenging the final determination of defendant Commissioner of the Social Security Administration (“Commissioner”) that he was not disabled prior to June 1, 1989, and thus not entitled to Supplemental Security Income (“SSI”) disability benefits at any ti...
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MEMORANDUM-DECISION AND ORDER Nextel Partners of Upstate New York, Inc. and Nextel of New York, Inc. (collectively, “Nextel”) commenced action against the Town of Canaan and its planning boards (collectively, the “Town”) alleging that the Town denied Nextel’s application for zoning variances and permits to construct a telecommunications tower in violation of the Telecommunications Act...
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64 F. Supp. 2d 839 (1999) BOARD OF TRUSTEES, SHEET METAL WORKERS' NATIONAL PENSION FUND; Board of Trustees, National Training Fund for the Sheet Metal and Air Conditioning Industry; Board of Trustees, National Energy Management Institute Committee; Board of Trustees, Sheet Metal Occupational Health Institute Trust Fund; and Board of Trustees, Sheet Metal Workers' International Association Scholar...
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MEMORANDUM OPINION AND ORDER [¶ 1] Pending before the Court is the motion for summary judgment filed by defendant United Food and Commercial Workers International Union Local 304A (“the Union”) in this action brought by the plaintiff, Patricia A. Daggitt, under Title VII, 42 U.S.C. § 2000e, and state law. Also pending is the Union’s motion to strike the affidavits of Dan Anderson, Dee ...
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61 F.Supp.2d 840 (1999) NEUROLOGICAL RESOURCES, P.C., Plaintiff, v. ANTHEM INSURANCE COMPANIES d/b/a Blue Cross/Blue Shield, Defendant. No. IP 97-1158-C H/G. United States District Court, S.D. Indiana, Indianapolis Division. August 17, 1999. *841 *842 Robert G. Zeigler, Zeigler Carter Cohen & Koch, Indianapolis, IN, for plaintiff. Thomas G. Stayton, Baker & Daniels, Indianapolis, IN, Jose...
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ORDER AND MEMORANDUM OF DECISION Plaintiff Philip C. Tobin (“Plaintiff’), proceeding pro se, claims that he was denied admission to the University of Maine School of Law based on his age. He has filed suit against the following Defendants: Chancellor of the University of Maine System Terrence MacTaggart (“MacTaggart”); Dean of the University of Maine School of Law Colleen Khoury (“Khoury”); and...
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I. The Indictment The one-count indictment in this case charges defendant John Sweeney with criminal contempt. It alleges that he: did unlawfully, knowingly, and intentionally disobey and resist a lawful order, rule, decree and command of a Court of the United States of America, to wit: the May 29, 1997 and February 19, 1998 orders issued by United States District Judge Edward F. Harrington r...
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ORDER ON DEFENDANTS’ MOTION TO DISMISS PLAINTIFF ESTADOS UNIDOS MEXICANOS Can a foreign nation maintain parens patriae* 1 standing in a United States court to seek declaratory and injunctive relief on behalf of its citizens or their American descendants against ethnic discrimination *121 by a private employer? I hold that a foreign nation cannot sue as ...
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MEMORANDUM — DECISION AND ORDER Plaintiffs, two not-for-profit corporations that own and use housing in Chazy, New York, commenced this action pursuant to the Fair Housing Act (“FHA”), 42 U.S.C. §§ 3601, et. seq., Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, et. seq., the Equal Protection clause of the United States Constitution, and the Due Process and Equa...
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60 F. Supp. 2d 1294 (1999) Michael J. MOLENDA, Plaintiff, v. HOECHST CELANESE CORPORATION, Defendant. No. 97-2046-Civ. United States District Court, S.D. Florida, Miami Division. March 16, 1999. *1295 *1296 Merrick L. Gross, Susan N. Eisenberg, Jeremy P. Leathe, Akerman, Senterfitt & Eidson, P.A., Miami, FL, for defendant. Margaret M. Ciraldo, Ciraldo Law Offices, P.A., Coral Springs, FL, for...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW At the parties’ joint request, this case came before the Court for a non-jury trial July 26 through 30, and August 2, 1999, to determine whether race was the motivating factor in the Defendant Denny’s Inc.’s manager’s actions on January 2, 1998. Having received documentary and testimonial evidence, having considered the demeanor and credibility of each ...
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61 F. Supp. 2d 1121 (1999) Alrene Namakahelu FOSTER; Saafiga William Foster, Individually and as Prochein Ami for Summer Namakahelu Foster and Crimson Kaleipua Foster, minors; and Saafiga William Foster, Jr., Plaintiffs, v. A.H. ROBINS COMPANY, INC.; Eon Labs, Inc.; Eon Labs Manufacturing, Inc.; Jack I. Victorino, M.D.; John Does 1-10; Jane Does 1-10; Doe Partnerships 1-10; Doe Corporations 1-10;...
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62 F.Supp.2d 519 (1999) Lorena STRAIL, individually and on behalf of Sarah STRAIL, and Richard Mello, individually and on behalf of Natalia Mello, Plaintiffs, v. DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES OF the STATE OF RHODE ISLAND, Marge Renzi, and Pat Morgan, individually and in their capacities as agents of the Department of Children, Youth, and Families of the State of Rhode Island, Defend...
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48 F. Supp. 2d 65 (1999) UNITED STATES of America v. MASSACHUSETTS WATER RESOURCES AUTHORITY, and Metropolitan District Commission Civil Action No. 98-10267-RGS. United States District Court, D. Massachusetts. May 3, 1999. *66 George B. Henderson, United States Attorney's Office, Boston, MA, for plaintiff. John M. Stevens, Jonathan M. Ettinger, Monica E. Conyngham, Foley, Hoag & Eliot, Boston...
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OPINION AND ORDER Pending before the Court is a motion for summary judgment filed by defendants *452 Universidad Metropolitana, Rene Labarea, Luis R. Diaz Rivera, Carmen Bigas, Marta Ramos, Nilda Lopez, Maria del C. Monser-rat and Sistema Universitario Ana G. Mendez. (Doqket # 52). After a careful analysis of the parties’ argument and the applicable law, we GRANT defendants’ ...
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61 F.Supp.2d 1209 (1999) The State of WYOMING, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants, and Jackson Hole Conservation Alliance, et al., Intervenor-Defendants. No. 98-CV-037B. United States District Court, D. Wyoming. August 24, 1999. *1210 *1211 *1212 Gay Vanderpoel Woodhouse, Wyoming Attorney General, Ronald P. Arnold, Assistant Wyoming Attorney General, Lynda G. Cook...
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MEMORANDUM AND ORDER On January 15, 1999, the court conducted a hearing on plaintiffs motion to, among other things, hold G.W. Construction in civil contempt for failing to produce records subject to a December 4, 1998 subpoena duces tecum issued by the Occupational Safety and Health Administration (“OSHA”). The motion requires the court to determine whether G.W. Construction is a col...
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48 F. Supp. 2d 72 (1999) Michael J. WARD, Plaintiff, v. MASSACHUSETTS HEALTH RESEARCH INSTITUTE, INC., Defendant. Civil Action No. 96-11555-GAO. United States District Court, D. Massachusetts. May 6, 1999. *73 *74 Michael J. Ward, Roslindale, MA, pro se. Marjory D. Robertson, Lindsay Smith Kafka, Hill & Barlow, Boston, MA, Richard L. Alfred, Robert A. Bertsche, Boston, MA, for defendant. MEM...
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47 F. Supp. 2d 125 (1999) Kevin LYNCH and Kevin Babineau, Plaintiffs, v. Sheila HUBBARD, Chairperson, Massachusetts State Parole Board, Defendant. Civil Action No. 97-12458-GAO. United States District Court, D. Massachusetts. April 15, 1999. *126 Kevin Lynch, Shirley, MA, pro se. Kevin Babineau, Shirley, MA, pro se. William J. Meade, Asst. Atty. Gen., Boston, MA, for defendant. MEMORANDUM AND OR...
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OPINION AND ORDER Pending before the Court is defendant Molinos de Puerto Rico, Inc’s (“Molinos”) motion to dismiss the above-captioned action for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(h)(3) (Dockets #26, 44, 49, 56, 62, 66, 67, 71, 81). Said motion was duly opposed by plaintiff Abbott Chemical, Inc. (“Abbott”). For the reasons stated below in this Opinion and Or...
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ORDER Plaintiff Deborah Finical, an individual with a hearing impairment, filed a Complaint on August 5, 1997 and an Amended Complaint on August 8, 1997 alleging claims under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. Plaintiff worked for Defendant Collections Unlimited as a telephone collector. In her Amended Complaint, interpreted with reference to...
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60 F. Supp. 2d 1309 (1999) Joseph SUCCAR, Plaintiff, v. DADE COUNTY SCHOOL BOARD, Defendant. No. 97-3284-CIV. United States District Court, S.D. Florida, Miami Division. August 24, 1999. *1310 Leslie Holland, Miami, FL, for plaintiff. Madelyn P. Schere, Miami, FL, for defendant. ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT SEITZ, District Judge. THIS CAUSE is before the Court on Defendant's Motio...
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DECISION AND ORDER On February 26,1999, this court issued its findings of fact and conclusions of law after a non-jury trial in this ease brought under the Federal Tort Claims Act. DiPirro v. United States, 43 F.Supp.2d 327 (W.D.N.Y.1999). The court found defendant liable to plaintiffs in the total amount of $54,000.00 for damages arising out of an August 10, 1994 accident involving a postal vehi...
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60 F. Supp. 2d 1323 (1999) TOTAL RENAL LABORATORIES, INC., a Florida corporation, d/b/a Dialysis Laboratories, Plaintiff, v. Donna E. SHALALA, Secretary of Health and Human Services, and Blue Cross and Blue Shield of Florida, Inc., a Florida non-profit corporation, Defendants. No. 1:99-CV-436-CAM. United States District Court, N.D. Georgia, Atlanta Division. July 29, 1999. *1324 Randall L. Hughes...
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60 F. Supp. 2d 627 (1999) Korliss Kay HODGES, et vir, v. LIGGETT GROUP INC., et al. No. Civ.A. G-99-346. United States District Court, S.D. Texas, Galveston Division. August 20, 1999. W. Mark Lanier, Lanier Parker & Sullivan, Houston, TX, for Korliss Kay Hodges, plaintiff. Don R. Riddle, Riddle & Baumgartner, Houston, TX, for Harold Floyd Hodges, plaintiff. Ellen Beth Malow, Kasowitz Bens...
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ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND GRANTING SUMMARY JUDGMENT Now before the Court is James Roy Knox’s Amended Petition for Writ of Ha-beas Corpus (the “Petition”), filed February 8, 1999, and Respondent’s Motion for Summary Judgment, filed June 30, 1999. For the reasons set forth below, the Amended Petition is DENIED, and Respondent’s Motion for Summary Judgment is G...
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DECISION AND ORDER This is a patent infringement action. Plaintiff, Fuji Machine Manufacturing Co., Ltd. (“Fuji”), commenced this action pursuant to 35 U.S.C. §§ 271 and 281 against Hover-Davis, Inc. (“Hover-Davis”), alleging that HD has infringed Patent No. 4,740,136 (“the ’136 patent”), which is held by Fuji. Several motions are now pending before the court. Fuji has filed a motion for summ...
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ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION This case is an enforcement action brought by the Federal Election Commission (“FEC”) against defendants Friends of Jane Harman (“Harman Campaign”) and Jacki Bacharach (“Bacharach”). The allegations in this lawsuit arise out of a fundraising event held for former...
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OPINION Is the Wright case right? A dispute about precedent. Defendant says positive drug tests don’t imply possession. The Court follows the weight of well-supported authority. The Defendant is wrong. This cause is before the Court following the hearing on revocation of supervised release. For the reasons given below, the Court revokes Defendant’s supervised release. I. BACKGR...
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61 F. Supp. 2d 813 (1999) William D. HAHN, Plaintiff, v. McKENZIE CHECK ADVANCE OF ILLINOIS, LLC, doing business as National Cash Advance, and John Does 1-10, Defendants. No. 99-3103. United States District Court, C.D. Illinois, Springfield Division. August 25, 1999. Daniel A. Edelman, Cathleen M. Combs, Edelman & Combs, Chicago, IL, Philip Milsk, Springfield, IL, for William D. Hahn, plainti...
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61 F. Supp. 2d 784 (1999) Marta GUZMAN, Plaintiff, v. ABBOTT LABORATORIES, Defendant. No. 98 C 3229. United States District Court, N.D. Illinois, Eastern Division. August 24, 1999. John P. DeRose, Kenneth A. Jatczak, Anthony T. Capua, John P. DeRose & Associates, Burr Ridge, IL, for plaintiff. Laura Jane Schumacher, Abbott Laboratories, Legal Division, Abbott Park, IL, *785 Walter Jones, Jr.,...
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64 F.Supp.2d 627 (1999) Guadalupe L. BUENO, Individually and as Representative of the Estate of Antonio Bueno, and Adrienne Wendy Askew, Tony R. Bueno, and Maria V. Bueno, Plaintiffs, v. UNITED STATES of America, Defendant. No. CIV.A.SA-97-CA1383FB. United States District Court, W.D. Texas, San Antonio Division. May 25, 1999. Robert C. Scott, Tinsman & Houser, Inc., San Antonio, for Guadalupe L. ...
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60 F. Supp. 2d 544 (1999) John ALEXANDER d/b/a Alexander & Company and Schiffer Publishing, Ltd., Plaintiffs and Counter-Defendants, v. CHESAPEAKE, POTOMAC, AND TIDEWATER BOOKS, INC. d/b/a The Washington Book Trading Company and G. Paul Modrak, Defendants and Counter-Plaintiffs. Civ. A. No. 98-1595-A. United States District Court, E.D. Virginia, Alexandria Division. August 26, 1999. Russell J...
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MEMORANDUM This matter is before the Court on cross-motions for summary judgment, pursuant to Fed.R.Civ.P. 56. Plaintiffs seek judicial review under the Magnuson-Stevens Fishery Conservation and Management Act (“FCMA”), 16 U.S.C. § 1855(f)(1)(B), and the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701-706, of a final rule issued by Defendants promulgating the 1999 fishing quota ...
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MEMORANDUM DECISION AND ORDER In his Complaint, the pro se plaintiff, Joseph Husowitz (“Husowitz” or the “plaintiff’) alleges that the American Postal Workers Union, AFL — CIO (“APWU”) and the individual Union officers or agents, Moe Biller, Thomas Hartos, Peter J. Furgiuele and Jim Scanna (collectively, the “individual Union defendants”) breached their duty of fair representation in the handli...
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*295 DECISION AND ORDER INTRODUCTION In this employment discrimination case, plaintiff Iwona Muszak (“Muszak”) claims that defendant Sears, Roebuck & Co. (“Sears”) failed to promote her because of her Polish national origin in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“Title VII”) (4th Cause of Action) and t...
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MEMORANDUM AND ORDER Pending before the Court is the motion of Defendant Domino’s Pizza, Inc. (“DPI”) to dismiss the Complaint for failure to state a claim, pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(6), or, alternatively, to dismiss the Complaint for Plaintiffs failure to serve timely the Complaint, pursuant to New York Civil Practice Law and Rules Section 3012(b). Fo...
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64 F. Supp. 2d 966 (1999) ISLANDS, INC., Plaintiff, v. UNITED STATES BUREAU OF RECLAMATION, DEPARTMENT OF the INTERIOR, Defendant. No. CIV.S-96-1937FCD/JFM. United States District Court, E.D. California. March 11, 1999. Theodore A. Kolb, Neil R. Bardack, McQuaid, Metzler, McCormick & Van Zandt L.L.P., San Francisco, CA, for Plaintiff. Paul Seave, United States Attorney, Yoshinori H. Himel, As...
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64 F.Supp.2d 573 (1999) Franklin HASSELL, Plaintiff, v. THE CITY OF CHESAPEAKE, VIRGINIA and Elaine Morin, Defendants. No. 2:98cv736. United States District Court, E.D. Virginia, Norfolk Division. August 25, 1999. *574 Andrew Michael Sacks, Stanley E. Sacks, Sacks and Sacks, Norfolk, VA, for plaintiff. Thomas Jeffrey Salb, Breeden, MacMillan & Green, PLC, Norfolk, VA, James Arthur Cales, III,...
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DISMISSAL ORDER Plaintiff, a Virginia inmate, brought this pro se action against Newsweek, Incorporated (“Newsweek”) and Nathan McCall (“McCall”) alleging that they used his picture in a Newsweek article without his consent and in violation of Virginia Code § 8.01-40 (Michie 1992). Presently before the Court is Newsweek’s Motion to Dismiss and Plaintiffs Motion for the Entry of Defaul...
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61 F. Supp. 2d 724 (1999) MIAMI COUNTY INCINERATOR QUALIFIED TRUST, Plaintiff, v. ACME WASTE MANAGEMENT COMPANY, et al., Defendants. No. C-3-96-101. United States District Court, S.D. Ohio, Western Division. July 21, 1999. *725 *726 Andrew Seth Lipton, Manley, Burke, Lipton & Cook, Cincinnati, OH, for Miami County Incinerator, Qualified Trust, Bethel Township Ohio, Village of Bradford, Brown ...
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OPINION AND ORDER Introduction Before me is a multi-patent infringement dispute between competitors in the light emitting diode (“LED”) traffic signal industry. At issue are summary judgment motions regarding patent noninfringement and validity filed by defendants Dialight Corporation (“Dialight”), Ecolux, Inc. (“Ecolux”), Precision Solar Controls, Inc. (“Precision”), Lumileds Lighti...
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60 F. Supp. 2d 496 (1999) Ronald W. McGUINESS v. BRINK'S INCORPORATED No. Civ. Y-98-727. United States District Court, D. Maryland. August 20, 1999. *497 Ronald S. Landsman, Baltimore, Maryland, for plaintiff. Keith J. Harrison, Washington, DC; Jeffrey W. King, Washington, DC; and Cheryl A. Maier, Washington, DC, for defendant. MEMORANDUM OPINION JOSEPH H. YOUNG, Senior District Judge. I. This ...
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60 F. Supp. 2d 477 (1999) Angelo MEDURE, an individual, and Charlotte Medure, an individual, Plaintiffs, v. The NEW YORK TIMES COMPANY, a corporation, and The Press Democrat, a corporation, Defendants. No. Civ.A. 94-953. United States District Court, W.D. Pennsylvania. August 20, 1999. *478 *479 *480 *481 Jeffrey P. Brahan, Richard DiSalle, Susan Hileman Malone, Rose, Schmidt, Hasley & DiSall...
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71 F.Supp.2d 622 (1999) W.R. and Joann DAVIS, Plaintiffs, v. UNITED STATES of America, Defendants. No. MO-98-CA-121. United States District Court, W.D. Texas, Midland-Odessa Division. July 30, 1999. *623 Donald P. Lan, Jr., Kroney, Silverman, Mincey, Inc., Dallas, TX, for plaintiffs. Gregg D. Stevens, Dept. of Justice, Dallas, TX, for defendant. ORDER GRANTING MOTION FOR SUMMARY JUDGMENT BUNTON,...
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MEMORANDUM OPINION AND ORDER Four name plaintiffs — Edward Haven as representative of the Estate of Maksymili-an Rechtszafen, Evelyn Ruebner as representative of the Estate of Herbert Prer-auer, Allen Welbel and Mark Krug — have brought this putative class action against Rzeczpospolita Polska (“Poland”) and Skarb Panstwa, Rzeczpospolita Polska (“State Treasury of Poland”) for wrongful...
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ORDER This action originated in 1994, when plaintiff Peter Nasca filed for the dissolution of his marriage to plaintiff Denise Nasca in Contra Costa Superior Court. California Family Code § 2337(c)(6)(A) requires that a party’s retirement or pension plan be joined as a party to a divorce proceeding. On December 10, 1997, plaintiffs joined Peter Nasca’s employer, PeopleSoft, as a party pur...
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ORDER DENYING DEFENDANT STATE FARM’S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO PLAINTIFF’S THIRD CLAIM FOR BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING This matter is before the Court on Defendant State Farm Fire and Casualty Co.’s motion for judgment on the pleadings as to Plaintiffs’ third claim for breach of the covenant of good faith and fair dealing. This motion raises the ...
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61 F.Supp.2d 552 (1999) Don VENABLE and Richard Finlan, Plaintiffs, v. William KEEVER, et al., Defendants. No. CIV. A.3:96-CV-580L. United States District Court, N.D. Texas, Dallas Division. August 24, 1999. *553 *554 Don Venable, Dallas, TX, pro se. Richard Finlan, Dallas, TX, pro se. John Martin, Amy Hunt, James Coleman, Jr., Carrington Coleman Sloman & Blumenthal, Dallas, TX, for Keever, D...
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MEMORANDUM OPINION AND ORDER On May 13, 1999 this Court entered and continued two motions by the City of Chicago (“City”), one of the defendants in this 42 U.S.C. § 1983 (“Section 1983”) action brought by Clarence Golden (“Golden”) as special administrator of the Estate of decedent Octavia Wilcher: 1. City’s motion to dismiss the Amended Complaint (“AC”) and 2. City’s motion to dismiss this act...
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64 F.Supp.2d 429 (1999) UNITED STATES of America v. Mitchell Frederick PASTER. No. 4:CR-96-221. United States District Court, M.D. Pennsylvania. August 25, 1999. Wayne P. Samuelson, George J. Rocktashel, Williamsport, PA, for U.S. Ronald C. Travis, Rieders, Travis, Mussina, Humphrey & Harris, Williamsport, PA, Christopher M. Farella, Shalom D. Stone, Walder, Sondak & Brogan, Roseland, NJ,...
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MEMORANDUM I. Introduction. Petitioner Franklyn Hypolite is a citizen of Trinidad. He has resided in the United States since 1984, but has never attained permanent resident status. The Immigration and Naturalization Service (INS) has issued an order of removal against him on the ground that he is an alien convicted of an aggravated felony. Currently detained at York Count...
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64 F.Supp.2d 1340 (1999) BRIGGS & STRATTON CORPORATION, Plaintiff, v. ROYAL GLOBE INSURANCE COMPANY, now known as Royal Insurance Company of America; and Transcontinental Insurance Company, Defendants. No. CIV.A. 597CV5692 (WDO). United States District Court, M.D. Georgia, Macon Division. August 25, 1999. *1341 Daniel S. Reinhardt, David C. Vigilante, Brad L. Schoenfeld, Eric A. Szweda, Atlan...
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61 F. Supp. 2d 542 (1999) JIM SOWELL CONSTRUCTION CO., INC., et al., Plaintiffs, v. THE CITY OF COPPELL, TEXAS, Defendant. No. Civ.A. 3:96-CV-0666-D. United States District Court, N.D. Texas, Dallas Division. August 19, 1999. *543 *544 Stuart M. Reynolds, Jerry Hicks(argued), Steven A. Siegel, Winstead, Sechrest & Minick, P.C., Dallas, TX, for Plaintiffs. Darrel G.M. Noga (argued), William F....
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Memorandum Opinion This cause comes on to be heard on a motion for summary judgment filed by the Defendants, the Board of Trustees of the University of Alabama (“UAB”), Dr. J. Foster Watkins (“Watkins”) and Dr. Dave Abrams (“Abrams”), on March 24, 1999 (Document 22), and on a motion to strike certain affidavit testimony of the Plaintiff, Mary Jo Bevill (“Bevill”), filed by the Defendants ...
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60 F. Supp. 2d 1168 (1999) Genaro GARAY and Eva Garay, parents and heirs of Nicholas Garay, deceased, and Ann Case, personal representative and administrator of the estate of Nicholas Garay, Plaintiffs, v. MISSOURI PACIFIC RAILROAD COMPANY, a corporation, Union Pacific Railroad Company, a corporation, and Trinity Industries, Inc., individually and as successor to Pullman-Standard, Inc., and FMC C...
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81 F. Supp. 2d 1163 (1999) Henry S. HEMINGWAY, Plaintiff, v. UNITED STATES of America, et al., Defendants. No. 2:97-CV-374(C). United States District Court, D. Utah, Central Division. June 16, 1999. David E. Salisbury, Kenneth W. Yeates, Van Cott Bagley Cornwall & McCarthy, Salt Lake City, UT, for plaintiff. Kirk C. Lusty, U.S. Dept. of Justice, Tax Div., Washington, DC, for defendant. ORDER...
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ORDER ON APPLICATION FOR ATTORNEY FEES In an order filed on October 2, 1998, the court adopted the report of Magistrate Judge Humphreys, thereby reversing and remanding for further review the agency’s decision denying disability benefits to plaintiff Marcia J. Hardin. (Dkt.# 22). Now before the court is plaintiffs application for an award of attorney fees under the Equal Access to Justice A...
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60 F. Supp. 2d 1153 (1999) Sheba M.J. MOHANKUMAR, Plaintiff, v. KANSAS STATE UNIVERSITY; Ronald Marler, individually; and Jon D. Dunn, individually, Defendants. Nos. 97-1199-WEB, 98-1174-WEB. United States District Court, D. Kansas. May 13, 1999. *1154 *1155 Pantaleon Florez, Jr., Florez & Frost, P.A., Topeka, KS, for Plaintiff. Jennifer Kassebaum, Kansas State University Legal Dept., Manhatt...
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Memorandum and Order Plaintiff alleges in this action that the defendants engaged in unlawful discrimination when they failed to hire him for an assistant professor position at Kansas State. The matter is now before the court on the defendants’ motion for summary judgment. In keeping with the standards governing summary judgment, any facts in the parties’ briefs not properly supported by th...
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60 F. Supp. 2d 1145 (1999) Larry L. REBARCHEK, Plaintiff, v. THE FARMERS COOPERATIVE ELEVATOR AND MERCANTILE ASSOCIATION, a Kansas Corporation, Defendant. No. 97-1282-WEB. United States District Court, D. Kansas. March 8, 1999. *1146 John L. Carmichael, Wilson, Lee & Gurney, Wichita, KS, for plaintiff. Ward E. Loyd, Garden City, KS, Alan L. Rupe, Georgina R. Adami, Husch & Eppenberger, Wi...
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60 F. Supp. 2d 750 (1999) MAHARG, INC., Plaintiff, v. VAN WERT SOLID WASTE MANAGEMENT DISTRICT, et al., Defendants. No. 3:99CV7245. United States District Court, N.D. Ohio, Western Division. August 6, 1999. *751 Christopher Sean Habel, Frost & Jacobs, Cincinnati, OH, for Plaintiff. Albin Bauer, II, Henry N. Heuerman, Eastman & Smith, Toledo, OH, for Defendants. Order CARR, District Judge...
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MEMORANDUM AND ORDER Plaintiff William R. Bachman (Bachman) brings this action against defendant Bear, Stearns & Co., Inc. (Bear Stearns) seeking compensation for defendant’s alleged role in a scheme orchestrated by the directors of Bachman’s former employer. Bach-man’s four-count complaint alleges conspiracy to defraud, fraud, negligent misrepresentation and violations of ...
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MEMORANDUM — DECISION & ORDER Plaintiff Bill Luedeke commenced the instant litigation against Defendants Village of New Paltz and Alison Murray (collectively “defendants”) pursuant to 42 U.S.C. § 1983 arising out of defendants’ issuance of snow removal fines to plaintiff, the placement of a lien on his property, and their subsequent intention to sell his home at a tax sale in satisfaction...
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MEMORANDUM — DECISION & ORDER Plaintiff Cynthia Hotaling, a former employee of Hartwick College, commenced the present action against defendant Teachers Insurance and Annuity Association of America (“TIAA”) pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., to recover benefits claimed under the terms of a long term disability benefit pl...
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MEMORANDUM & ORDER SUMMARY Plaintiff Margaret Brower (“Brower”) commenced an employment discrimination action against defendant Continental Airlines, Inc. (“Continental”) claiming that it illegally fired and failed to promote her because she was disabled and because of her age. She has brought a variety of claims against Continental under federal, state and local anti-discrim...
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MEMORANDUM-DECISION AND ORDER From August 2 through August 5, 1999, the court conducted a bench trial in this action. Plaintiff Kathleen M. Cifra brought suit pursuant to 42 U.S.C. § 2000e et seq., claiming that her supervisor, Kenneth Meashey (“Meashey”), subjected her to adverse and discriminatory working conditions on account of her gender, which ultimately resulted in her termination....
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MEMORANDUM AND ORDER Plaintiff brought this.action for unfair competition and trade dress infringement under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), unfair competition and trade dress infringement under New York General Business Law §§ 349, 350, and 368-d, and injury to business reputation and trademark dilution pursuant to state and federal common law. Plaintiff is the...
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MEMORANDUM OF DECISION AND ORDER The motions presently before the Court present a novel issue in this Circuit. Namely, whether an employer being sued for age discrimination, based partly upon the terms of a Collective Bargaining Agreement and a Performance Planning and Evaluation Program, may seek contribution from the union that was a party to those labor agreements. For the reasons stated in ...
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61 F.Supp.2d 700 (1999) LIBBEY GLASS, INC., Plaintiff, v. ONEIDA LTD., et al., Defendants. No. 3:98CV7439. United States District Court, N.D. Ohio, Western Division. July 12, 1999. *701 *702 Douglas A. Freedman, Latham & Watkins, Chicago, IL, for Plaintiff. Steven M. Betensky, Adam Chernichaw, White & Case, New York, N.Y., Richard M. Kerger, Daniel F. Marinik, Kerger & Kerger, Toledo,...
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ORDER This is an employment discrimination case in which plaintiff Richard Hady alleges that defendant Hunb-Wesson discriminated against him in violation of 42 U.S.C. §§ 1981, 2000(e)-2(a)(l) (Count I) and wrongfully fired him in violation of Ohio Rev.Code § 4113.52 and Ohio public policy (Count II). This court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1332, and 1367. Pending is def...
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61 F. Supp. 2d 681 (1999) TOLEDO FAIR HOUSING CENTER, et al., Plaintiffs, v. FARMERS INSURANCE GROUP OF COMPANIES, et al., Defendants. No. 3:99CV7108. United States District Court, N.D. Ohio, Western Division. June 21, 1999. *682 Stephen M. Dane, Janet Elizabeth Hales, Beth A. Rowe, Cooper, Walinski & Cramer, Toledo, OH, for Plaintiffs. James D. Curphey, Porter, Wright, Morris & Arthur, C...
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61 F.Supp.2d 674 (1999) Anna PETREY, d/b/a Magnum Towing, Plaintiff, v. CITY OF TOLEDO, Defendants. No. 3:98CV7188. United States District Court, N.D. Ohio, Western Division. June 10, 1999. *675 John David Latchney, Reminger & Reminger, Cleveland, OH, for Plaintiff. James G. Burkhardt, Barbara E. Herring, Edward M. Yosses, City Of Toledo, Department Of Law, Toledo, OH, for Defendants. ORDER ...
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*120 MEMORANDUM-DECISION & ORDER Defendants Reeher Enterprises, Inc., Aaron Clause, John Reeher and Reeher Majik, Inc. (collectively “defendants”) appeal from the Memorandum Decision & Order of Magistrate Judge Ralph W. Smith, Jr., dated June 29, 1999 granting plaintiffs’ motion to file and serve a Second Amended Complaint. See Stetz v. Reeher Enterprises, Inc., ...
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61 F.Supp.2d 982 (1999) In re PETsMART, INC. SECURITIES LITIGATION. No. CV 98-0020PHXROS(JMB). United States District Court, D. Arizona. May 28, 1999. *983 *984 *985 Andrew S. Friedman, Francis J. Balint, Jr., Christina L. Bannon, Bonnett, Fairbourn, Friedman, & Balint, P.C., Phoenix, AZ, Robert Ira Harwood Halebian & Feffer LLP, New York, NY, for Plaintiffs. Hal Michael Clyde, Rebecca K....
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60 F. Supp. 2d 1180 (1999) Nadine J. BALLARD, Plaintiff, v. BUCKLEY POWDER COMPANY, Defendant. No. 97-1351-WEB. United States District Court, D. Kansas. July 12, 1999. *1181 Gary R. House, Sedan, KS, Kurt A. Harper, Sherwood & Harper, Wichita, KS, for plaintiff. Daniel G. Menzie, Turner & Boisseau, Chartered, Wichita, KS, for defendant. Memorandum and Order WESLEY E. BROWN, Senior Distri...
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MEMORANDUM — DECISION & ORDER The United States of America commenced the instant litigation against defendants Alliedsignal, Inc. and Amphenol, Corp., as successors in interest of the Bendix Corp. (collectively “Alhedsignal” or “defendants”), pursuant to section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. § 9607 (“CERC...
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OPINION AND ORDER Plaintiff commenced this action against defendants, union officers, alleging the violation of federal labor laws in connection with defendants’ suspension of plaintiff from his position as president of the union. Plaintiffs motion for a preliminary injunction was rendered moot by his subsequent reinstatement, but plaintiff filed a Second Amended Complaint seeking mon...
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ORDER This is an action in which the United States Environmental Protection Agency (US-EPA) and the Ohio Environmental Protection Agency (OH-EPA) sued the City of Toledo for alleged violations of the Clean Water Act. 33 U.S.C. § 1251. This court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1345, and 1355, and 33 U.S.C. § 1319(b). Pending is plaintiffs’ joint motion for partial summary ...
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MEMORANDUM AND ORDER DENYING RESPONDENT’S MOTION TO DISMISS AND SETTING DEADLINE FOR RESPONSIVE PLEADING I. Introduction Petitioner Jack Rice, a state prisoner currently confined at the Thumb Corree- *785 tional Facility in Lapeer, Michigan, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 alleging that he is incarcerated in violation of his constitutional r...
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48 F. Supp. 2d 708 (1999) UNITED STATES of America, Plaintiff, v. William Harold MACK, M.D., Defendant/ Third-Party Plaintiff, v. National Heritage Insurance Company and Texas Department of Health and Human Services, Third-Party Defendant. No. H-98-1488. United States District Court, S.D. Texas, Houston Division. April 22, 1999. *709 Michelle Zingaro, Office of U.S. Attorney, Houston, TX, Joe Mir...
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ORDER In this lawsuit, plaintiffs Sue Lowery (the widow of Thomas Lowery and the executrix of his estate) and Wendy Daley (decedent Lowery’s daughter) have brought claims for fraud, misrepresentation, civil conspiracy, wrongful death, and breach of contract, and a claim under the Racketeer Influenced and Corrupt Organizations Act (commonly known as RICO), 18 U.S.C.A. §§ 1961-1968, against defen...
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64 F.Supp.2d 787 (1999) UNITED STATES of America, Plaintiff, v. Reginald WILLIAMS, Defendant. No. 96-CR-20034. United States District Court, C.D. Illinois, Danville/Urbana Division. August 30, 1999. Frances C. Hulin, David H. Hoff, Office of United States Attorney, Urbana, IL, for plaintiff. *788 Thomas W. Patton, Office of Federal Public Defender, Springfield, IL, for defendant. ORDER McCUSKEY,...
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ORDER On July 7, 1999, Magistrate Judge Karol issued a Report and Recommendation regarding the respondent’s motion to dismiss the remaining claims of petitioner’s writ of habeas corpus. On August 4, 1999, and again on August 5, 1999, petition filed an objection to the Magistrate Judge’s determination that (1) the trial court’s jury instructions were not constitutionally defective and ...
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MEMORANDUM OPINION AND ORDER On June 16, 1999, a grand jury returned a multi-count superceding indictment against a number of defendants, including Ramon Portales (“defendant”), charging possession with intent to distribute marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 846. The indictment also seeks forfeiture of property used or intended to be used in the commission of the all...
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MEMORANDUM OPINION Plaintiff Willie Haygood brings this Section 1983 action on his own behalf and sues also for loss of consortium on behalf of four minor children. Rebecca Haygood, an adult, joins him as plaintiff on a loss of consortium claim. The second amended complaint names as defendants the City of New York, three police officers, and an unspecified number of “John” and “Jane Does....
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OPINION Defendants Celebrity Cruises, Inc. (“Celebrity”) and the M/V ZENITH (the “ZENITH”) (collectively the “Defendants”) move for an order of summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, dismissing the claims brought against them by Susan C. McDon-ough (“McDonough”) and Arnold Sameroff (“Sameroff’) (collectively the “Plaintiffs”). For the reasons se...
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61 F. Supp. 2d 668 (1999) Roy Lee SMITH, Petitioner, v. Frank ELO, Respondent. No. 98-CV-71990. United States District Court, E.D. Michigan, Southern Division. August 27, 1999. *669 Patricia A. Maceroni, Mt. Clemens, MI, for Petitioner. Janet A. VanCleve, Lansing, MI, for Respondent. OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS ROSEN, District Judge. I. Introduction Petitioner,...
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61 F.Supp.2d 642 (1999) Doris CHRISTUNAS, Plaintiff, v. UNITED STATES of America, Defendant. No. Civ.A. 97-40429. United States District Court, E.D. Michigan, Southern Division. August 17, 1999. *643 *644 Robert P. Cares, United States Attorney's Office, Detroit, MI, for U.S. David I. Megdell, Flint, MI, Federal Defender, Federal Defender Office, Flint, MI, Doris L. Christunas, Monroe, MI, for Pl...
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60 F. Supp. 2d 710 (1999) Steven Scott KILDEA, et al., Plaintiffs, v. ELECTRO WIRE PRODUCTS, INC., Defendant. No. Civ.A. 90-40126. United States District Court, E.D. Michigan, Southern Division. August 12, 1999. *711 Patrick J. Marutiak, Owosso, MI, for plaintiffs. Francis J. Newton, Jr., Berry, Moorman, Detroit, MI, for defendant. MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS' MOTION TO AMEND...
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MEMORANDUM DECISION Plaintiff moves for joinder of party defendants pursuant to Fed.R.Civ.P. 19 and 20. For a variety of reasons, the motion (Doc. No. 18) is DENIED, and the case dismissed. PRIOR RULINGS This case was commenced almost two years ago. It alleged violations of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and unlawful employment practices in violation ...
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*264 OPINION AND ORDER Before the Court is a plethora of motions by both the Government and the defendants regarding the admissibility of certain statements made by defendant Angel Manuel Alfonso (“Alfonso”) at the time of his arrest. At approximately 3:00 in the afternoon of October 27, 1997, Alfonso and co-defendants Angel Hernández Rojo, Juan Bautista Marquez, and Francisco Se...
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OPINION AND ORDER Pending before the Court is defendant Ashford’s Renewed Motion for Judgment as a Matter of Law (Docket #217). Upon careful review of the applicable case law and the defendant’s arguments, defendant’s Motion for Judgment as Matter of Law is GRANTED. Applicable Law The First Circuit Court of Appeals recently had the opportunity to expound upon the applicable standard to grant a ...
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MEMORANDUM OPINION This is an action brought pursuant to the Americans with Disabilities Act of 1990(ADA), 42 U.S.C. § 12111, et seq. Plaintiff alleges that he was terminated from his job as a carpenter because of a disability or his record of disability. Defendant has moved for summary judgment contending that (1) plaintiff had no “disability” within the meaning of the Act, and (2) plainti...
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60 F. Supp. 2d 813 (1999) Fred EWING, Plaintiff, v. Detective Jim O'BRIEN, et al., Defendants. No. 98 C 5569. United States District Court, N.D. Illinois, Eastern Division. August 19, 1999. *814 Thomas M. Peters, Kevin R. Peters, Chicago, IL, for Plaintiff. Michael Patrick Monahan, Eilleen Ellen Rosen, City of Chicago, Law Dept. Corporation Counsel, Robert W. Barber, Stacy Ann Benjamin, City of C...
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60 F. Supp. 2d 417 (1999) John and Mary DOE, Plaintiffs, v. COUNTY OF CENTRE, et al., Defendants. No. 4:CV-99-0683. United States District Court, M.D. Pennsylvania. August 30, 1999. *418 Carl G. Roberts, Esquire, Matthew M. Gutt, Esquire, Ballard Spahr Andrews & Ingersoll, LLP, Philadelphia, PA, Stefan Presser, Esquire, Scott Burris, Esquire, American Civil Liberties Foundation of Pennsylvani...
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*549 MEMORANDUM BACKGROUND: On February 11, 1999, plaintiffs Raymond P. Walsh, Sr., and Patricia Walsh, for themselves and as administrators of the estate of Michael T. Walsh, deceased, commenced this action with the filing of a complaint setting forth wrongful death and survival claims under Pennsylvania law. See 42 Pa. Cons.Stat. Ann. §§ 8301, 8302. Acco...
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61 F. Supp. 2d 648 (1999) BURDA BROTHERS, INC., et al., Plaintiffs, v. Raymond WALSH, et al., Defendants. Burda Brothers, Inc., et al., Plaintiffs, v. Wayne County, et al., Defendants. Nos. Civ.A. 98-40396, Civ.A. 98-40397. United States District Court, E.D. Michigan, Southern Division. August 16, 1999. *649 *650 Hugh M. Davis, Jr., Detroit, MI, for plaintiffs. William S. Pearson, Wayne County Co...
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60 F. Supp. 2d 716 (1999) Charlotte MARKS, Personal Representative of the Estate of Charles Edwin Marks, Sr., and Charlotte Marks, Plaintiffs, v. WEST SIDE UNLIMITED CORP. and Gene V. Douglas, Defendants. and Gene V. Douglas, Counter-Plaintiff, v. The Estate of Charles Edwin Marks, Sr., Counter-Defendant. No. Civ.A. 97-40384. United States District Court, E.D. Michigan, Southern Division. August ...
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ORDER AND EXPLANATION Before me is a motion for stay of proceedings. It was filed by the debtor in possession in the bankruptcy proceedings, Camden Ordnance Manufacturing Co. of Arkansas, Inc. (Camden). I deny the motion. Camden was in the business of manufacturing ordnance and munitions. On March 11, 1999, Camden voluntarily filed a Chapter 11 bankruptcy petition. On June 23, 19...
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MEMORANDUM REGARDING DEFENDANTS’ MOTION TO DISMISS OR FOR SUMMARY JUDGMENT I. INTRODUCTION The seven plaintiffs in this case, Manuel Vega, Jose Vega, David Orengo, Ruben Rios, Radames Pacheco, Americo Rodriguez and Miguel Camacho (collectively “plaintiffs”), are migrant farm workers who reside in Puerto Rico. Each is a United States citizen. Defendants, Nourse Farms, Inc....
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Memorandum and Order The plaintiffs are former shareholders in Nyman Manufacturing Co., Inc. (“Nyman Mfg.” or the “corporation”). They brought this action against the corporation and several of its officers and directors alleging violations of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (the *534 “1934 SEA”), violations of Securities and Exchange Co...
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45 F. Supp. 2d 578 (1999) Misty Dawn MESSICK, Plaintiff, v. TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC., et al., Defendants. No. CIV. A. 98-387. United States District Court, E.D. Kentucky. January 25, 1999. *579 J. Michael Poole, J. Michael Poole & Associates, Louisville, KY, John C. Roach, Ransdell, Roach & Wier PLLC, Lexington, KY, for Misty Dawn Messick. Jeffrey A. Savarise, David B. S...
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ORDER After review of the Report and Recommendation on plaintiffs’ and defendant’s cross-motions for summary judgment (Docket Nos. 2 and 21), dated June 23, 1999, the documents submitted in camera, the Vaughn index, which states that all separable- factual • information was disclosed, and the plaintiffs’ objections, I accept the recommendation of the Magistrate Judge...
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60 F. Supp. 2d 791 (1999) UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, et al., Plaintiffs, v. ROCKWELL INTERNATIONAL CORPORATION, et al., Defendants. No. 95 C 3824. United States District Court, N.D. Illinois, Eastern Division. August 13, 1999. *792 Jean Powers Kamp, Gordon G. Waldron, Mary B. Manzo, John C. Hendrickson, United States Equal Employment Opportunity Commission, Chicago, IL...
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MEMORANDUM OPINION Granting the Defendants’ Motion to Dismiss the Complaint I. INTRODUCTION This matter comes before the court upon the motion of the defendants, former Greek Prime Minister Vaso Papandreou, the Ministry of Tourism of Greece and the Greek National Tourist Organization, to dismiss the complaint of the plaintiffs, Rosemarie Marra and Marrecon Enterprises, S.A. ...
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48 F. Supp. 2d 670 (1999) Gerardo CASTILLO, et. al., Plaintiffs, v. CASE FARMS OF OHIO, Inc., et al., Defendants. No. DR 97-CA-89. United States District Court, W.D. Texas, Del Rio Division. March 23, 1999. *671 *672 *673 Lisa J. D'Souza, Selena N. Solis, Texal Rural Legal Aid, Inc, Weslaco, TX, for plaintiffs. Dean E. Westman, Jeffrey J. Weber, Millisor & Nobil Co., L.P.A., Cleveland, OH, fo...
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MEMORANDUM Presently before the court is defendant United States of America’s (the “Government”) motion for summary judgment and plaintiff De J. Yun’s Market’s (the “Market” or plaintiff) response thereto. Plaintiff filed this civil action, pursuant to 7 U.S.C. § 2023, 1 seeking review of the United States Department of Agriculture’s (“USDA”), Food and Consumer Service’s (the “FCS”) decision ...
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ORDER ON MOTION TO CONSOLIDATE and MOTION TO CORRECT CLERICAL MISTAKE THIS CAUSE is before the Court on the United States’ Motion to Consolidate, (Dkt.294), filed nn March 5, 1999, the United States’ Motion to Correct Clerical Mistake, (Dkt.321), filed on July 2, 1999, and Defendant, Virgil Dean St. Pierre’s, Answer to the Government’s Motion to Consolidate Forfeiture Actions, (Dkt.306), filed o...
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OPINION AND ORDER Lillian Awad sues Merck & Co., Inc. (“Merck”), claiming that Merck’s rubella vaccination caused her permanent arthritis *302 and arthralgia. Merck moves for summary judgment, arguing that since plaintiffs experts’ testimony and reports lack scientific credibility and are thus inadmissible under Fed.R.Evid. 702 and 703, plaintiff cannot prove causa...
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OPINION Plaintiff Brian Dewan (“Dewan”) brings this action against defendants Blue Man Group Limited Partnership, Blue Man Group Productions, Inc., Astor Place Show Productions Inc., Blue Man Boston Limited Partnership, Blue Man Boston Productions Inc., Matt Goldman (“Goldman”), Phillip Stanton (“Stanton”), and Chris Wink (“Wink”), p/k/a Blue Man Group (collectively, the “Blue Man Group”), se...
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60 F. Supp. 2d 1289 (1999) KISSIMMEE RIVER VALLEY SPORTSMANS ASSOCIATION, Plaintiff, v. The CITY OF LAKELAND, Defendant. No. 99-335-Civ-T-17E. United States District Court, M.D. Florida, Tampa Division. August 17, 1999. *1290 R. Gale Porter, Jr., Tampa, FL, for Kissimmee River Valley Sportsmans Association, plaintiff. Mark Nelson Miller, Lane, Trohn, Bertrand, & Vreeland, P.A., Lakeland, FL, ...
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MEMORANDUM OPINION AND ORDER This Court previously reviewed, reversed and remanded the Social Security Administration’s final decision denying Viola Moore’s (“Plaintiff’) application for Supplemental Security Income (“SSI”). The case is now before the Court on Plaintiffs application for attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). The prin...
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MEMORANDUM AND ORDER Plaintiffs seek a legal judgment that patent no. 5,814,040, owned by the Regents of the University of California, is invalid. Plaintiffs also assert multiple state-law causes of action. The Regents, raising the Eleventh Amendment, move to dismiss under Federal Rule of Civil Procedure 12(b)(1). See Doe v. Lawrence Livermore National Laboratory, 131 F.3d 836, 838 (9th Cir.199...
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OPINION This is a non-core adversary proceeding arising out of a contract for the sale of fuel oil from Crysen/Montenay Energy Company (“Crysen”) to Scallop Petroleum Com *168 pany. After filing for bankruptcy, Crysen sued Scallop and Shell Oil Company, Scallop’s former parent company and successor-in-interest, for breach of contract. Following more than eight years of li...
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OPINION AND ORDER This case involves employment related disputes between plaintiff Janet R. Marks (“Marks”) and her former employer, New York University (“NYU”). 1 Plaintiff alleges breach of an employment contract and a separation agreement, unlawful eviction from NYU-owned housing and discrimination in the compensation, terms and conditions of her employment on the basis of a...
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61 F.Supp.2d 1372 (1999) Dawn M. MALONE, Plaintiff, v. The UNITED STATES of America, Defendant. No. CV 498-082. United States District Court, S.D. Georgia, Savannah Division. August 27, 1999. *1373 *1374 R. Daniel Price, Rincon, GA, for plaintiff. Kenneth D. Crowder, Augusta, GA, for defendant. ORDER NANGLE, District Judge. Before the Court is defendant's motion to dismiss or alternatively to gr...
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61 F. Supp. 2d 788 (1999) Daniel T. GRACE, Plaintiff, v. ANSUL, INC., Defendant. No. 98 C 3172. United States District Court, N.D. Illinois, Eastern Division. August 30, 1999. *789 Glenn R. Gaffney, Glendale Heights, IL, for plaintiff. Martin P. Greene and Kevin T. Lee of Greene and Letts, Chicago, IL, for defendant. MEMORANDUM OPINION AND ORDER SHADUR, Senior District Judge. Daniel Grace ("Grac...
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MEMORANDUM & ORDER Plaintiff Jack Tucker, who is the administrator of the estate of Fred Tucker (“decedent”), brings this action against the following defendants: (1) Interarms; (2) Amadeo Rossi, S.A. (“Rossi”), a company located in Brazil; and (3) two John Doe defendants. Tucker alleges that the decedent was accidentally shot to death with a handgun, which the defendants “designed, manufacture...
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ORDER ON DEFENDANT’S MOTION FOR NEW TRIAL THIS CAUSE comes before the Court on Defendant, Virgil Dean St. Pierre’s, Motion for New Trial, (Dkt.308), filed on May 21, 1999, and the United States of America’s response thereto, (Dkt.319), filed July 1,1999. FACTUAL BACKGROUND The following factual allegations are taken from the Superceding Indictment, (Dkt.26), filed on September 18, 1996....
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61 F.Supp.2d 720 (1999) LIBBEY GLASS, INC., Plaintiff, v. ONEIDA LTD., et al., Defendants. No. 3:98CV7439. United States District Court, N.D. Ohio, Eastern Division. August 4, 1999. Douglas A. Freedman, Latham & Watkins, Chicago, IL, for plaintiff. Steven M. Betensky, Adam Chernichaw, White & Case, New York City, Salem M. *721 Katsh, William J.F. Roll, III, Shearman & Sterling, New Yo...
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ORDER On January 13, 1999, a jury convicted defendant on three counts of being a felon in possession of a firearm (counts 1-3) and one count of possession of a “sawed-off’ shotgun (count 4). This case is now before the Court on defendant’s motion for judgment of acquittal on count 2.1 The sole issue presented is whether the United States presented sufficient evidence at trial to prove beyond a r...
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65 F. Supp. 2d 1314 (1999) David HIPP, Brad Stein, Mike Stell, and All Others Similarly Situated, Plaintiffs, v. LIBERTY NATIONAL LIFE INSURANCE COMPANY, Defendant. No. 95-1332-CIV-T-17A. United States District Court, M.D. Florida, Tampa Division. August 15, 1999. *1315 *1316 *1317 *1318 *1319 *1320 *1321 *1322 *1323 Ross Mathew Goodman, Robert Douglas Permenter, Troy Alan Rafferty, Mary E. Pilch...
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MEMORANDUM-DECISION AND ORDER Presently before the court is the defendants’ motion for summary judgment pursuant to Fed.R.Civ.P. 56. Plaintiff opposes. Oral argument was heard on August 12, 1999 in Utica, New York. Decision was reserved. I. FACTS On October 21, 1996 at approximately 1:30 a.m., Vivian Czarecki (“Czarecki”), a 72 year old New Jersey resident, was obser...
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MEMORANDUM OPINION Denying the Plaintiffs Motion for a Temporary Restraining Order and Denying the Defendant’s Request for a Transfer of Venue I. Introduction This matter comes before the court on an application by the plaintiff Vencor Nursing Centers, L.P. (“Vencor”) for an order temporarily restraining the defendant, Secretary of the United States Department of Health and ...
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MEMORANDUM OPINION Denying Without Prejudice Motion to Dismiss Sunmatch’s Amended Counterclaims Against Jewett-Cameron and MSI-Pro; Granting Sunmatch Discovery on Alter-Ego Issue; Granting Material Supply International’s Motion for First-Use and Expert Discovery I. INTRODUCTION These matters come before the court upon a motion to dismiss the counterclaims asserted by defenda...
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ORDER ON MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION REGARDING APPLE COMPUTER’S MOTION FOR SUMMARY JUDGMENT ON GROUNDS OF INDEFINITENESS After review of the objections to the Magistrate Judge’s well-reasoned Report, I ADOPT his Recommendation and therefore DENY Apple’s Motion for Summary Judgment. I agree with the Magistrate Judge that Apple failed to carry its burden of demonstrating that the...
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OPINION AND ORDER John Zea, an injured employee, initiated this action under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. § 901 et seq, by filing an injury claim against Fireman’s Fund Company (“FF”), the Longshore and Harborworkers’ insurer for Zea’s former employer West State, Inc. (“WSI”), and other employers and their insurers. Zea’s claim proceeded administrative...
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MEMORANDUM AND ORDER Irving Schwartz brought this action on March 30, 1998 pursuant to 42 U.S.C. § 405(g) to review a final decision of the defendant Commissioner of Social Security that he was not entitled to disability insurance benefits under the Social Security Act. I Plaintiff applied for disability insurance benefits on June 10, 1996 alleging he had been disabled since Mar...
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MEMORANDUM DECISION AND ORDER Plaintiff, Sprint Spectrum, L.P. (“Sprint”), commenced this action under the Federal Telecommunications Act of 1996 and 42 U.S.C. § 1983 alleging violations of the Act as well as of various constitutional provisions. Before this Court is defendants’ motion to dismiss the complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Since plaintiff has s...
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ORDER This is a civil rights case in which the plaintiffs allege that they were wrongfully evicted from a room at the defendant Marriott Courtyard Inn and, as well, wrongfully arrested and jailed by Lucas County, Ohio, Sheriffs Deputies. Following inadvertent disclosure of notes written by the plaintiff Couture memorializing statements to him by his lawyer, the parties have been disputing the e...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiffs, Angelo Anobile, Joseph Om-boni, Jr., Michael Forte, Wardell Washington, Richard W. Fulfree, George P. Fulfree, and Robert Rahner, originally commenced this action pursuant to 42 U.S.C. §§ 1983 and 1985 seeking interlocutory relief contending that a December 9, 1997 search of the entire premises of the Yonkers Raceway sanctioned by defend...
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FINDINGS OF FACT and CONCLUSIONS OF LAW Plaintiff, Sprint Spectrum, L.P. (“Sprint”), commenced this action under the Federal Telecommunications Act of 1996 and 42 U.S.C. § 1983 alleging violations of the Act as well as of various constitutional provisions. Before this Court is plaintiffs motion for injunctive relief pursuant to Rule 65(a) of the Federal Rules of Civil Procedure, directing...
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MEMORANDUM DECISION AND ORDER Plaintiffs Robert Davis, Heidi Geraci, Nicholas Tartaglione, and Angela Geraci commenced this action pursuant to 42 U.S.C. §§ 1983 and 1985 and New York State Human Rights Law § 296 against the defendants Glenn C. Carey, David Kelly, Robert Liffland, Cheryl Harrington and the Village of Pawling (collectively the “defendants”) alleging retaliation for the exer...
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64 F. Supp. 2d 1170 (1999) Bernice NETTLES o/b/o Brandon Nettles, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. Civ.A.97-S-1480-N. United States District Court, M.D. Alabama, Northern Division. July 8, 1999. *1171 John F. Cameron, Jr., Montgomery, AL, for plaintiffs. R. Randolph Neeley, U.S. Atty's Office, Montgomery, AL, for defendant. MEMORANDUM OPINION COODY,...
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MEMORANDUM I. BACKGROUND On October 1, 1996, plaintiff Santana Products, Inc. (Santana) instituted this action against defendants Bobrick Washroom Equipment, Bobrick Corporation, The Hornyak Group, Inc., Vogel Sales Company, Sylvester & Associates, Ltd., and Fred Sylvester. 1 Santana alleges that Bobrick and other toilet compartment manufacturers conspired to enforce a...
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OPINION AND ORDER This diversity action arises from a dispute as to the parties’ relative ownership interests in an electric power plant located in El Salvador (the “Plant”). The action is presently before the Court on a welter of motions related to the Second Amended Complaint filed by plaintiff ESI, Inc. (“ESI”), and the Amended Answer to Second Amended Complaint, Counterclaim and Cross...
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112 F. Supp. 2d 648 (1999) Terry WILSON, Plaintiff, v. CONTINENTAL DEVELOPMENT CO., et al., Defendants. No. 5:97CV213. United States District Court, W.D. Michigan, Southern Division. August 24, 1999. *649 *650 *651 *652 Jeanette S. Eirich, Jeanette S. Eirich Law Offices, Denver, CO, Lawrence R. Mathews, Mathews, Ramos & Associates, Detroit, MI, for Plaintiff. Terry L. Wilson, Centerville, VA,...
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61 F. Supp. 2d 1058 (1999) MODESTO IRRIGATION DISTRICT, Plaintiff, v. PACIFIC GAS & ELECTRIC COMPANY, and Dynergy Power Services, Inc., as successor to Destec Power Services, Inc., Defendants. No. C-98-3009 MHP. United States District Court, N.D. California. August 20, 1999. *1059 *1060 Scott T. Steffen, Modesto Irrigation District, Modesto, CA, Maxwell M. Blecher, Blecher & Collins, PC, ...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW On May 9, 1994, plaintiff Linear Technology Corporation brought this action against defendant Micrel, Inc., alleging that the MIC 2172 and MIC 3172 products infringed United States Patent No. 4,775,-741 (“’741 patent”) and Reexamination Certificate B1 4,755,741. This action was originally assigned to United States District Court Judge Eugene F. ...
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60 F. Supp. 2d 553 (1999) Patrice WALKER, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF THE ARMY, Defendant. No. Civ.A. 4:98cv73. United States District Court, E.D. Virginia, Norfolk Division. August 30, 1999. *554 Patrice Walker, Yorktown, VA, pro se. George M. Kelley, III, United States Attorney's Office, Norfolk, VA, for defendant. ORDER AND OPINION DOUMAR, District Judge. Presently befo...
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64 F.Supp.2d 537 (1999) WASTE MANAGEMENT HOLDINGS, INC., et al., Plaintiffs, v. James S. GILMORE, III, et al., Defendants. Civil Action No. 3:99CV425. United States District Court, E.D. Virginia, Richmond Division. August 30, 1999. *538 *539 Robert Lawrence Bronston, Mayer, Brown & Platt, Washington, DC, Kenneth S. Geller, Evan M. Tager, Mayer, Brown & Platt, Washington, DC, for Waste Man...
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MEMORANDUM AND ORDER Presently pending is defendants’ motion to exclude plaintiffs’ amended expert witness report and testing, the plaintiffs’ opposition, and the defendants’ reply. (Paper nos. 14, 15 and 17, respectively). This case has been referred to me for resolution of discovery disputes. 28 U.S.C. § 636(b); Local Rule 301.5.a. I have considered the parties’ submissions, as well as ...
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OPINION AND ORDER Pending before the Court is defendant Tex-Shield’s motion for Confirmation of Arbitral Award, Entry of Judgment and Prejudgment Interest (Docket # 35). Factual Background Plaintiff DJ Manufacturing Corporation (“DJM”), is a corporation organized and existing under the laws of the Commonwealth of Puerto Rico that manufactures complex sewn clothing and equipage for United States m...
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60 F. Supp. 2d 1062 (1999) Adam BINGHAM, Plaintiff, v. OREGON SCHOOL ACTIVITIES ASSOCIATION, Wes Ediger in his official and individual capacities, Defendant. No. 98-6282-TC. United States District Court, D. Oregon. August 20, 1999. Martha Lee Walters, Walters Romm & Chanti, Eugene, OR, for Adam Bingham, plaintiff. Don G. Carter, Barry L. Groce, McEwen, Gisvold, Rankin, Carter & Streinz, P...
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MEMORANDUM AND ORDER I. INTRODUCTION This is an appeal of a judgment rendered by the United States Bankruptcy Court, Nickless v. Federal Deposit Ins. Corp., Adv.Proc. No. 97-4340 (Bankr.D.Mass. November 2, 1998) (Queenan, B.J.), that awarded David Nickless (“Nick-less”) $62,456 plus prejudgment interest to be paid by the Federal Deposit Insurance Corporation (“Federal Deposit”). Federal Deposit ...
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64 F. Supp. 2d 1149 (1999) UNITED STATES of America, Plaintiff, v. Andrew N. BISHOP, Defendant. No. 97-CR-196G. United States District Court, D. Utah, Central Division. August 17, 1999. David J. Schwendiman, Assistant U.S. Attorney, Salt Lake City, UT, for plaintiff. Fred Metos, for defendant. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER REGARDING POLYGRAPH TEST J. THOMAS GREENE, District Judg...
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MEMORANDUM DECISION • AND ORDER Defendant Nuclear Fuel Services filed a Motion to Dismiss in this case which was scheduled for hearing on August 23, 1999. On August 19, 1999, the court was informed that plaintiffs and defendant Nuclear Fuel Services, Inc. have settled as to each other, and counsel requested this court to order dismissal as to defendant Nuclear Fuel only. Plaintiff Kh...
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61 F. Supp. 2d 1042 (1999) ECOLOGICAL RIGHTS FOUNDATION and Mateel Environmental Justice Foundation, Plaintiffs, v. PACIFIC LUMBER COMPANY and Does 1 through 20, et al., Defendants. No. C-97-0292 MHP. United States District Court, N.D. California. August 19, 1999. *1043 Sharon E. Duggan, Law Offices of Sharon Duggan, San Francisco, CA, for Plaintiffs. Michael D. Macomber, Jared G. Carter, Cindee ...
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73 F.Supp.2d 448 (1999) Stephen George, LANG, Plaintiff, v. Robert RUBIN, et al., Defendants. No. Civ. 98-3156(JBS). United States District Court, D. New Jersey. May 14, 1999. *449 Stephen George, Lang, Pennsville, NJ, pro se. Faith Hochberg, United States Attorney, Camden, NJ by Louis J. Bizzarri, Assistant U.S. Attorney, Charles M. Flesch, Trial Attorney, Tax Division, United States Department ...
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61 F.Supp.2d 879 (1999) 215 ALLIANCE, Community Stabilization Project, and Christine Learned, Plaintiffs, v. Andrew CUOMO, in his official capacity as Secretary of the Department of Housing and Urban Development; the United States Department of Housing and Urban Development; and Oak Grove Towers Associates, Defendants. No. Civ. 98-64 (DWF/AJB). United States District Court, D. Minnesota. August 3...
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*161 OPINION AND ORDER Pending before the Court is Defendant’s, Sulzer Intermedies, Inc. (“In-termedies”), 1 Motion For Summary Judgment. (Docket No. 11). Plaintiffs opposed. (Docket Nos. 12 & 13). Thereafter, In-termedies replied. (Docket No. 16). For the reasons that follow, the Court GRANTS the motion and this case is DISMISSED. I.BACKGROUND The facts ...
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OPINION AND ORDER The Plaintiffs, Rafael Viera Diaz, My-riam Gomez Rivera, and their conjugal partnership, filed this action against Defendants, Antilles Conversion & Export, Inc. (“Antilles”), Esteban Ayala (“Ayala”), and Evelio Cervantes (“Cervantes”), on August 7, 1998. (Docket No. 1). The Complaint states that “[t]his Honorable Court enjoys jurisdiction of this action *465 ...
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ORDER Pending before the Court is defendant’s motion for summary judgment filed on December 21, 1998 (Docket No. 29), defendant’s motion for partial summary judgment also filed on December 21, 1998 (Docket No. 30), defendant’s statement of uncontroverted facts filed on February 1, 1999 (Docket No. 41), plaintiffs opposition to defendant’s motion for summary judgment filed on March 26,...
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ORDER AND MEMORANDUM OF DECISION This civil rights action arises out of the arrest and subsequent incarceration of Plaintiff Carmen Miller (“Ms. Miller”) in connection with an outstanding warrant for failure to appear and failure to pay a fíne. Defendants are the Town of Rockport and Rockport Police Officer Brent Davis; Ken-nebec County, Kennebec County Sheriff Bryan T. Lamoreau, and Jane...
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ORDER ON DEFENDANTS’ MOTIONS TO COMPEL DISCOVERY, AND DEFENDANTS’ MOTION FOR SANCTIONS Defendant Quality King Distributors, Inc. (“Quality King”) has moved to compel the following responses to discovery: (1) answer to interrogatory and production of documents from The Nexxus Products Company (“Nexxus”) in response to its first set of interrogatories and requests for production (Docket No. 37); (2...
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61 F. Supp. 2d 860 (1999) In re GREEN TREE FINANCIAL CORP. STOCK LITIGATION. In re Green Tree Financial Corp. Options Litigation. Florida State Board of Administration, Plaintiff, v. Green Tree Financial Corp., Lawrence M. Coss, Robert D. Potts, and Edward L. Finn, Defendants. Nos. 97-2666(JRT/RLE), 97-2679(JRT/RLE), 98-1162(JRT/RLE). United States District Court, D. Minnesota. August 24, 1999. *...
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MEMORANDUM OPINION AND ORDER These related cases are before me on the petitioners’ applications for writ of ha-beas corpus, filed pursuant to 28 U.S.C. § 2241. Petitioners are subject to final orders by the United States Immigration and Naturalization Service (INS) for deportation to countries that refuse to readmit them. They contend their indefinite detention by defendant, pending depor...
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ORDER & INJUNCTION On July 23, 1996, plaintiff Trade Park (“Park”) filed a complaint with this Court, seeking an injunction to prevent the Forest Service of the United States (“Forest Service”) from establishing roadblocks near the entrance of Rainbow Family gatherings in the Mark Twain National Forest without first obtaining a warrant. Park alleges in her complaint that the Forest Service, tog...
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MEMORANDUM ORDER The matter currently before the court in the dispute over rights to 4000 DPT-300 chips used in the manufacture of computer printers is the motion for preliminary in *1319 junction sought by plaintiff Xerox. Defendant Anderson Industries, doing business as Pioneer Cable, has filed motions seeking either a stay of the present matter, or a transfer of the ac...
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MEMORANDUM ORDER In the present action, plaintiff Eric Wright, a minor appearing by and through his conservator, alleges personal injuries due to allegedly inadequate warnings by defendant Abbott Laboratories. Abbott has moved for summary judgment on several grounds. For the reasons stated herein, the defendant’s motion will be granted. 1 Summary judgment is proper where ...
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64 F. Supp. 2d 479 (1999) UNITED STATES of America v. Qaiser S. SHABBIR. No. CRIM. AMD 98-0371. United States District Court, D. Maryland. July 6, 1999. *480 Bonnie S. Greenberg, AUSA, Baltimore, MD, for plaintiff. John Donohue, Patrick J. Egan, Donohue & Donohue, Philadelphia, PA, for defendant. MEMORANDUM DAVIS, District Judge. On September 24, 1998, a grand jury returned an indictment aga...
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55 F. Supp. 2d 1156 (1999) In re the Application of Sonja E. MORRIS, Plaintiff/Petitioner, and Gerard J. Morris, Defendant/Respondent, and Concerning Sean Gerard Morris, Minor Child. Civil Action No. 99-B-672. United States District Court, D. Colorado. August 30, 1999. *1157 *1158 Deborah Read, Milan & Malara, P.C., Denver, CO, for plaintiff. Timothy Walker, Gerald W. Young, Cox Mustain-Wood ...
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MEMORANDUM DECISION ON RECONSIDERATION OF MAY 11, 1999 ORDER I. INTRODUCTION. This litigation arose between Ground Improvement Techniques (GIT) and Merchants Bonding Company (Merchants) after Merchant’s subcontractor, Robinson & Son (Robinson) defaulted on the Slick Rock, Colorado, Uranium Mill Tailings Remedial Action Project. Merchants issued bonds to guarantee the performa...
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64 F. Supp. 2d 1061 (1999) Timothy MELLON, Plaintiff, v. THE CESSNA AIRCRAFT COMPANY, Defendant. No. 96-1454-JTM. United States District Court, D. Kansas. August 9, 1999. *1062 Daniel D. Crabtree, Stinson, Mag & Fizzell, P.C., Leawood, KS, John H. Broadley, David A. Handzo, Steven N. Berk, Thomas D. Amrine, Jenner & Block, Washington, DC, for Plaintiff. P. John Owen, Morrison & Hecker...
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64 F. Supp. 2d 741 (1999) INDUSTRIAL HARD CHROME, LTD., IHC Limited Partnership, and Bar Technologies, L.L.C., Plaintiffs, v. HETRAN, INC. and GLOBAL TECHNOLOGY, INC., Defendants. No. 99 C 1716. United States District Court, N.D. Illinois, Eastern Division. September 2, 1999. *742 *743 Michael D. Wexler, Seyfarth, Shaw, Fairweather and Geraldson, Chicago, IL, for Plaintiffs. Debra A. Winiarski, J...
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*718 OPINION & ORDER Plaintiff, the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers, Local 689 (“the Union” or “Local 689”), has moved for summary judgment, as has Defendant, Hewitt Soap Company (“the Company” or “Hewitt”). The parties agree on all relevant facts, and this case is ripe for decision on the single legal issue it presents: ...
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61 F.Supp.2d 958 (1999) UNITED STATES of America, Plaintiff, v. Boyd L. WEHRBEIN, Jr., Defendant. No. 4:98CR3050. United States District Court, D. Nebraska. August 31, 1999. *959 William W. Mickle, II, Assistant United States Attorney, Omaha, NE, for plaintiff. John C. Vanderslice, Federal Public Defender's Office, Lincoln, NE, for defendant. MEMORANDUM AND ORDER KOPF, District Judge. The State ...
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DECISION AND ORDER Attorney General Sheldon Whitehouse and Governor Lincoln Almond (“defendants”) undertake a Herculean effort to save Rhode Island’s ban on partial birth abortions, R.I.Gen.Laws § 23-4.12 (1996) (the “Act”). Two years ago, this Court opined that the Act'appeared presumptively unconstitutional, even with all presumptions applied in favor of the law. That proved true. ,...
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68 F. Supp. 2d 703 (1999) Lucy SWAIM, Plaintiff, v. Martin A. FOGLE, M.D. et al., Defendants. No. Civ.A. 2:99CV821. United States District Court, E.D. Virginia, Norfolk Division. August 30, 1999. Judith M. Cofield, Virginia Beach, VA, for plaintiff. Roy Barrow Blackwell, Jason Robert Davis, Kaufman & Canoles, Norfolk, VA, Virginia Lynn Van Valkenburg, Goodman, West & Filetti, P.L.L.C., No...
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48 F. Supp. 2d 647 (1999) William and Christine KORTE and Kevin and Aimee Sapp, et al., on Behalf of Themselves and as Representatives of a Class of Persons Similarly Situated, Plaintiffs, v. ALLSTATE INSURANCE COMPANY, Allstate Indemnity Company and Allstate Property and Casualty Company, Defendants. No. 5:97CV165. United States District Court, E.D. Texas, Texarkana Division. March 31, 1999. *64...
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MEMORANDUM OPINION GRANTING MOTIONS FILED PURSUANT TO 28 U.S.C. § 2255 THESE CAUSES came before the Court upon three separate Reports issued by Magistrate Judge Lurana S. Snow, recommending that Julio Trejo’s, Oracio Altu-ve’s and Bernardo Arturo Ossa’s respective motions to vacate, set aside, or correct sentence, filed pursuant to 28 U.S.C. § 2255, be granted. Having conducted a de novo revi...
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65 F. Supp. 2d 429 (1999) Cynthia WILDRIDGE, Plaintiff, v. IER, INC., Defendant. No. 3-99-CV-0517-L. United States District Court, N.D. Texas, Dallas Division. September 2, 1999. David K. Watsky, Gillespie, Rozen & Watsky, P.C., Dallas, TX, for Plaintiff. Russell D. Chapman, Mark D. Downey, Bell, Nunnally & Martin, PLLC, Dallas, TX, for Defendant. *430 MEMORANDUM OPINION AND ORDER KAPL...
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60 F. Supp. 2d 558 (1999) Rose Marie DORER and Forrms, Inc., Plaintiffs, v. Brian AREL, Defendant. No. Civ.A. 98-266-A. United States District Court, E.D. Virginia, Alexandria Division. September 3, 1999. Daniel Lewis Hawes, Hawes & Associates, Fairfax, VA, for plaintiffs. MEMORANDUM OPINION ELLIS, District Judge. The question presented in this trademark infringement action is whether a judg...
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61 F. Supp. 2d 1300 (1999) ALLAPATTAH SERVICES, INC., et al., Plaintiffs, v. EXXON CORPORATION, Defendant. No. 91-0986-Civ-GOLD. United States District Court, S.D. Florida. July 1, 1999. *1301 *1302 Eugene E. Stearns, Stearns, Weaver, Miller, et al., Miami, Florida, Sidney M. Pertnoy, Pertnoy, Solowsky & Allen, P.A., Miami, Florida, for plaintiffs. Larry S. Stewart, Stewart Tilghman, et al., ...
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61 F. Supp. 2d 1326 (1999) ALLAPATTAH SERVICES, INC., et al., Plaintiffs, v. EXXON CORPORATION, Defendant. No. 91-0986-Civ. United States District Court, S.D. Florida. July 20, 1999. *1327 Eugene Stearns, Miami, FL, Sidney Pertnoy, Gerald Bowen, McLean, Virginia, for plaintiffs. Larry Stewart, Miami, FL, Robert Abrams, Robert Brookheiser, Stuart Harris, Darren B. Bernhard, Robert Wallis, Houston,...
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61 F. Supp. 2d 1335 (1999) ALLAPATTAH SERVICES, INC., et. al., Plaintiffs, v. EXXON CORPORATION, Defendant. No. 91-0986-Civ. United States District Court, S.D. Florida. July 28, 1999. *1336 Eugene Stearns, Miami, FL, Sidney Pertnoy, Gerald Bowen, McLean, VA, for plaintiffs. Larry Stewart, Miami, FL, Robert Abrams, Robert Brookheiser, Stuart Harris, Darren B. Bernhard, Robert Wallis, Exxon Company...
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DECISION and ORDER This action was brought by the plaintiff pension plans against the defendant insurance company alleging breach of fiduciary *1056 duty under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001, et. seq. and for breach of contract. Before .the Court is the defendant’s motion for summary judgment, filed May 22, 1997 (doc...
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64 F.Supp.2d 1235 (1999) Steve LOYD, Plaintiff, v. RAM INDUSTRIES, INC., Defendant. No. CIV. A. 97-0634-RV-C. United States District Court, S.D. Alabama, Southern Division. August 27, 1999. *1236 David Hilleren, Couington, LA, for plaintiff. Roch P. Poelman, Lemle & Kelleher, L.L.P., New Orleans, LA, Douglas L. Brown, Armbrecht, Jackson, Demouy, et al., Mobile, AL, for defendant. MEMORANDUM ...
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67 F. Supp. 2d 716 (1999) Viswanath AKELLA and, Gayathri Akella, on behalf of themselves and all those similarly situated, John Doe and Robert Doe, Plaintiffs, v. MICHIGAN DEPARTMENT OF STATE POLICE and State Police Col. Michael D. Robinson, in his official capacity, jointly and severally, Defendants. No. 98-CV-75048-DT. United States District Court, E.D. Michigan, Southern Division. August 10, 1...
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61 F.Supp.2d 753 (1999) PRAXAIR, INC., Plaintiff, v. Alfred SLIFKA and Global Petroleum Corp., Defendant. No. 98 C 7270. United States District Court, N.D. Illinois, Eastern Division. July 6, 1999. Order Vacating Dismissal, August 19, 1999. *754 *755 Nathan P. Eimer, Nancy Anne Temple, Jeffrey Charles Sharer, Sidley & Austin, Chicago, IL, for plaintiff. John T. Schriver, Elizabeth Brooke Herr...
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64 F. Supp. 2d 749 (1999) UNITED STATES of America EX REL. John E. MURRAY, Jr. # C-60247, Petitioner, v. Lamar K. CARTER, Warden, Joliet Correctional Center,[1] Respondent. No. 98 C 1267. United States District Court, N.D. Illinois, Eastern Division. September 2, 1999. John E. Murray, Jr., pro se, Joliet, IL, pro se. MEMORANDUM ORDER SHADUR, Senior District Judge. In February 1998 John E. Murray...
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MEMORANDUM OPINION Plaintiff, an inmate at Virginia’s Greens-ville Correctional Center (GCC) proceeding pro se, filed this action for damages and injunctive relief pursuant to 42 U.S.C. § 1983, alleging that defendants violated his constitutional right to privacy when they prevented him from covering his cell’s observation window while he used the toilet. Named as defendants are: Ronald Ang...
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61 F.Supp.2d 1294 (1999) Stephen STEFIUK, Plaintiff (Class Representative), v. FIRST UNION NATIONAL BANK OF FLORIDA, Defendant. No. 98-1377-CIV. United States District Court, S.D. Florida. June 29, 1999. *1295 Todd Michael Saunders, Miami, FL, Gerald F. Richman, Manuel A. Garcia-Linares, Richman Greer, Miami, FL, for plaintiff. J. Thomas Cardwell, Virginia B. Townes, Akerman, Senterfitt & Eid...
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DECISION and ORDER INTRODUCTION This is an action brought pursuant to 42 U.S.C. § 405(g) to review the final determination of the Commissioner of Social Security (“Commissioner”) that the plaintiff was not disabled, and therefore, was not entitled to widows’ insurance benefits and supplemental security income (“SSI”). *1010 This Court finds that the Commissioner’s decision was not support...
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61 F. Supp. 2d 1235 (1999) John DOE, Plaintiff, v. Bill PRYOR, in his official capacity as Attorney General of the State of Alabama, et al., Defendants. No. Civ.A. 99-T-730-N. United States District Court, M.D. Alabama, Northern Division. August 24, 1999. *1236 Kyla L. Groff, Alec Brown & Associates, P.C., Alexander City, AL, David A. Gespass, Gespass & Johnson, Birmingham, AL, Scott A. Boykin, B...
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FINAL ORDER REGARDING EXXON’S AFFIRMATIVE DEFENSES AND PLAINTIFFS’ ENTITLEMENT TO PREJUDGMENT INTEREST THIS CAUSE is before the Court sua sponte.1 In response to Plaintiffs’ cause of action for breach of contract, Exxon raised two affirmative defenses,2 which, it contends, precludes a finding of liability as to, at least some of, Plaintiffs’ claims: (1) the statutes of limitations in the variou...
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MEMORANDUM OF DECISION AND ORDER I. INTRODUCTION *930 This matter is before the Court 1 on the Defendant’s motion for judgment as a matter of law, which it initially submitted at the close of the Plaintiffs case-in-chief on the second day of the three-day jury trial in this case. See Fed.R.Civ.P. 50(a)(1). The Court initially took the Defendant’s mo...
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OPINION Presently pending before the Court is Defendants’ Motion for Judgment, or in the Alternative, for a New Trial, pursuant to Rules 50(b) and 59 of the Federal Rules of Civil Procedure. On April 28, 1995, Trooper First Class (“TFC”) Howard Kevin Knussman and his wife, Kimberly Ann Knussman, filed a three-count complaint on behalf of themselves and their infant daughter, Riley Pai...
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60 F. Supp. 2d 401 (1999) SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. Jacob ADONI and Victor Douenias, Defendants. No. CIV.A.97-350 (JAG). United States District Court, D. New Jersey. August 31, 1999. *402 Mark Kreitman, Securities and Exchange Commission, Washington, DC, for Plaintiff. Jonathon D. Warner, Warner & Joselson, New York City, for Defendants. OPINION GREENAWAY, District Ju...
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MEMORANDUM OPINION AND ORDER Plaintiff Victor Cheng brings the instant action against defendants New York Telephone Company (“NYT”) and Communications Workers of America, Local 1101 (“CWA”) pursuant to 42 U.S.C. § 1981; the New York State Human Rights Law, New York Executive Law § 290 et seq. (“NYHRL”); and the Administrative Code of the City of New York § 8-107 (“NYC Administrative Code”). P...
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MEMORANDUM OPINION AND ORDER Defendant in the above-captioned action has submitted a pro se letter application to the Court seeking a reduction of the sentence imposed by the Court on February 17, 1999. The Government has submitted a letter brief in opposition to defendant’s application, arguing that the Court is without jurisdiction to grant the reduction defendant seeks. Because the Court a...
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OPINION This is an action for securities fraud brought on behalf of purchasers of Party City Corporation (“Party City”) common stock (“Party City Stock”), seeking damages for violations of Section 10(b) and Section 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”), as amended, 15 U.S.C. §§ 78t(a) and 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. § 240.10b-5, from Party ...
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64 F.Supp.2d 488 (1999) Steven Howard OKEN, Petitioner, v. Eugene NUTH, et al., Respondents. No. Civ. PJM 97-585. United States District Court, D. Maryland. August 30, 1999. *489 *490 *491 *492 Fred Warren Bennett, Bennett & Nathans, LLP, Greenbelt, MD, Christopher M. Davis, Davis & Davis, Washington, DC, for Petitioner. Ann N. Bosse, Gwynn X. Kinsey, Jr., Baltimore, MD, for Respondents. ...
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64 F. Supp. 2d 790 (1999) Diego POSADA, Petitioner, v. James W. SCHOMIG, Warden, Respondent. No. 99-CV-2007. United States District Court, C.D. Illinois, Danville/Urbana Division. September 2, 1999. *791 Diego Posada, Danville, IL, pro se. Jay Paul Hoffman, Office of the Attorney General, Chicago, IL, for Respondent. ORDER McCUSKEY, District Judge. On January 22, 1999, Petitioner, Diego Posada, ...
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MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTION TO QUASH SUMMONS AND DENYING WITHOUT PREJUDICE DEFENDANT’S MOTION FOR SUMMARY ENFORCEMENT OF SUMMONS [Docs. 1,11, 23] Plaintiff Margaret Vanderhoof (“Van-derhoof’) challenges the validity of twelve summonses issued by defendant Commissioner of the Internal Revenue Service (“IRS”) to third parties who allegedly possess records of Vand...
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OPINION AND ORDER On July 22, 1999, the defendants collectively filed a motion for summary judgment in this excessive force case. [Doc. 19]. Defendants Village of Boston Heights and Brad McKitrick, a Boston Heights police officer, maintain no genuine issue of material fact exists regarding Plaintiff Michael Miller’s § 1983 claims for violation of his civil rights. Defendants also contend *677 ...
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OPINION AND ORDER On June 24, 1999, Defendant Stark County Community Action Agency (“SCAA”) filed a motion for summary judgment in this discrimination action. [Doc. 20]. With this motion, the defendant maintains that no genuine issue of material fact exists regarding Plaintiff Joyce Howell’s discrimination claims under Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et ...
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DECISION AND ORDER PROCEDURAL BACKGROUND This action was commenced ten years ago on behalf of a single infant plaintiff, Michele Catanzano, seeking declaratory and injunctive relief directing the Monroe County Department of Social Services and the Monroe County Department of Health to provide her with the level of health care that had been *68ordered by her treating physician and to which she w...
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80 F. Supp. 2d 1352 (1999) William F. MAXWELL, Plaintiff, v. UNITED STATES of America, Defendant. Civil Action No. 1:98-CV-2713-JOF. United States District Court, N.D. Georgia, Atlanta Division. August 3, 1999. William F. Maxwell, Duluth, GA, pro se. Robert David Powell, Assistant United States Attorney, Atlanta, GA, Maggie O'Shaughnessy, U.S. Dept. of Justice, Tax Div., Washington, DC, for defen...
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ORDER This case is before the Court on the appellant’s appeal of the U.S. Bankruptcy Court’s confirmation of the appellees’ Chapter 13 plan. Having found that a portion of the appellant’s claim is nondis-chargeable, the Court vacates the Bankruptcy Court’s Order confirming the appel-lees’ Chapter 13 plan. I. FACTS The appellees (“debtors”) filed a voluntary petition under Ch...
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MEMORANDUM OPINION AND ORDER The Village of Oak Park has filed a Rule 60(b) motion for reconsideration of our February 18 opinion in this case, in which we held that the Village must allow the plaintiffs — members of a group organizing the annual National Day of Prayer (NDP) celebration in Oak Park — to hold their event in the Oak Park Village Hall, “so long as [they] limit[ ] the agenda to c...
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78 F.Supp.2d 739 (1999) Don BEVERIDGE, Dirk Beveridge, D.W. Beveridge Jr., and Associates, Inc., et al., Plaintiffs, v. MID-WEST MANAGEMENT, INC., d/b/a Midwest Family Broadcast Group, Charles Mefford and Mefford Achievement Systems, Defendants. No. 98 C 4689. United States District Court, N.D. Illinois, Eastern Division. August 24, 1999. *740 Michael Brent Lulay, Michael B. Lulay & Associate...
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OPINION AND ORDER ON PETITION FOR WRIT OF HABEAS CORPUS DEATH PENALTY CASE I. Petitioner James Richard Odie is a prisoner of the State of California, under sentence of death. He originally petitioned this court for a writ of habeas corpus in 1988. The matter is now before the court on his amended petition filed on February 16,1993. The procedural history of this case is summ...
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61 F. Supp. 2d 1308 (1999) ALLAPATTAH SERVICES, INC., et al., Plaintiffs, v. EXXON CORPORATION, Defendant. No. 91-0986-Civ. United States District Court, S.D. Florida. July 6, 1999. *1309 Eugene Stearns, Miami, FL, Sidney Pertnoy, Gerald Bowen, McLean, Virginia, for plaintiffs. Larry Stewart, Miami, FL, Robert Abrams, Robert Brookheiser, Stuart Harris, Darren B. Bernhard, Robert Wallis, Exxon Com...
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ORDER GRANTING WRIT OF HABEAS CORPUS I. Factual And Procedural Background Mr. Garcia-Guzman is a sixty-four year old citizen and national of Mexico who moved to the United States as a lawful permanent resident in 1967. On July 12, 1995, petitioner was convicted of assault with a deadly weapon in violation of California Penal Code § 245(a)(1). On March 20, 1997, he was convicted a...
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ORDER RE: MOTIONS TO DISMISS This is a suit under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, California Health & Safety Code § 19955, and California Civil Code § 54.1. Plaintiffs allege that defendants failed to provide appropriately accessible accommodations on a cruise ship. Presently before the Court are two motions to dismiss. Defendants, Carnival Cruise Lines...
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ORDER This matter comes before the Court on the plaintiffs’ Motion for Interim Attorneys’ Fees, Litigation Expenses and Costs under 28 U.S.C. §§ 2412(d) of the Equal Access to Justice Act (“EAJA”). Having carefully considered the parties’ written and oral arguments, the supporting documentation before the Court, and the record herein, the Court grants plaintiffs’ request for interim a...
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MEMORANDUM OPINION AND ORDER . THIS CAUSE came before the Court upon Defendant Jacinto Alvarez’s motion to dismiss, filed on March 25, 1999. The Court held an evidentiary hearing spanning two days, July 26 and 27, 1999. Having considered the evidence, having assessed the credibility of the witnesses, having reviewed all pertinent portions of this extensive record, and having heard the argument o...
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DECISION AND ORDER This is an action pursuant to ERISA, 29 U.S.C. § 1001, et seq., in which former employees of the defendant Chase Manhattan Bank allege that the defendants used an incorrect formula to compute their retirement benefits. The plaintiffs state that they “seek retirement benefits that are expressly granted to them at Section 7.9 of the Current Chase [Retirement] P...
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64 F. Supp. 2d 686 (1999) Luis M. ALVAREZ, Petitioner, v. Dennis STRAUB, Respondent. No. 97-CV-71822-DT. United States District Court, E.D. Michigan, Southern Division. August 30, 1999. *687 *688 Luis M. Alvarez, Lapeer, Michigan, plaintiff pro se. Vincent J. Leone, Lansing, Michigan, for defendant. ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, DISMISSING CLAIM III OF PLAINTIFF'S H...
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OMNIBUS ORDER THIS CAUSE came before the Court upon Defendants’ Motion to Dismiss Plaintiffs Complaint (DE # 7, filed May 15, 1998). Response and Reply have been filed. The parties have also filed a Supplementary Brief and Response per this Court’s Order of March 29, 1999, which requested such supplementary briefing on certain issues. I. Background Plaintiff brings claim...
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DECISION AND ORDER This is an action in which former employees of the defendant Chase Manhattan Bank seek additional retirement benefits pursuant to ERISA, 29 U.S.C. § 1001, et seq. Now before the Court are the par *216 ties’ cross-motions for summary judgment [# 33][# 42], For the reasons that follow, the plaintiffs’ motion is denied, and the defendants’ motion is...
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61 F.Supp.2d 563 (1999) James D. McCALL, et al., Plaintiffs, v. BURLINGTON NORTHERN/SANTA FE COMPANY, f/k/a Burlington Northern Railroad Company, et al., Defendants. No. Civ.A. 3:96-CV-2205-L. United States District Court, N.D. Texas, Dallas Division. August 31, 1999. *564 *565 David B. Seserman, Dean C. Heizer, Gorsuch Kirgis LLP, Denver, CO, Eric W. Pinker, Lynn Stodghill Melsheimer & Tillo...
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DECISION ON THE MERITS Merida is a prescription weight-loss drug classified as a controlled substance. Meridia is publicly advertised in nationally distributed magazines, newspapers, and on broadcast and cable television. Illinois officials have notified Meridia’s manufacturer, Knoll Pharmaceutical Company (“Knoll”), of their intent to take enforcement action against Knoll under an Il...
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OPINION Gordon & Co. (“Gordon”) sues Arthur H. Ross, the former Chief Executive Officer of Hanover Square Securities Group, Inc. (“Hanover Square”), for allegedly fraudulent representations that led Gordon to make two loans to Hanover Square. Gordon’s amended complaint was dismissed by then Magistrate Judge Gershon, based on a grant of partial summary judgment and a verdict follo...
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64 F. Supp. 2d 440 (1999) Stephen BARRETT, M.D., Plaintiff, v. The CATACOMBS PRESS, James R. Privitera, M.D., Alan Stang, M.A., Darlene Sherrell, and CDS Networks Inc., Defendants. No. Civ. 99-736. United States District Court, E.D. Pennsylvania. September 2, 1999. *441 Steven A. Bergstein, Allentown, PA, for plaintiff. Malcolm J. Gross, Allentown, PA, for defendants The Catacombs Press, Priviter...
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MEMORANDUM DECISION In this case, the U.S. Department of Labor (the “government”) alleges that defendants, in violation of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461, misclassified workers as “temporary employees” and “independent contractors,” thereby depriving them of benefits to which they otherwise would have been entitled. Defendants con...
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64 F. Supp. 2d 651 (1999) COLUMBIA GAS TRANSMISSION CORP., Plaintiff, v. Clyde TAYLOR, Jr., et al., Defendants. No. CIV. A. 98-338. United States District Court, E.D. Kentucky, Pikeville. August 16, 1999. Margaret A. Miller, Greenebaum, Doll & McDonald, P.L.L.C., Lexington, John Armstrong West, Greenebaum, Doll & McDonald, Covington, Harry C. Bruner, Jr., Columbia Gas Transmission Corpora...
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ORDER AND MEMORANDUM OF DECISION Plaintiffs, John and Mary Doe, and their son, Johnny Doe (“Plaintiffs”), bring this action against School Administrative District No. 19 (“SAD # 19”), a municipal school district empowered to administer the public schools in Lubec, Maine, the Interim Superintendent of SAD # 19, Bri-ane Coulthard (“Coulthard”), and Principal Thomas Brennan (“Brennan”). Plai...
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FURTHER MEMORANDUM AND THIRD ORDER ON DEFENDANTS, FIRST CITIZENS’ FEDERAL CREDIT UNION, BARBARA SILVA AND LISA GRACE’S MOTION FOR SUMMARY JUDGMENT (# 26) I. Introduction In an earlier decision in this case I granted the defendants’ Motion for Summary Judgment on the plaintiffs sole federal claim of constructive discharge and discrimination in violation of Title 12 U.S.C. § 1790b,...
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*508 MEMORANDUM & ORDER Before the court is a motion to dismiss for lack of personal jurisdiction submitted by defendants Hillsboro Insurance Management, Inc., Hillsboro Excess & Surplus Lines, Inc., and C. Edward Hardy. Because the plaintiff has demonstrated sufficient contacts with the forum to exercise jurisdiction over these parties, the motion will be denied. 1 ...
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64 F.Supp.2d 448 (1999) MOLNLYCKE HEALTH CARE AB, Plaintiff, v. DUMEX MEDICAL SURGICAL PRODUCTS LTD., Defendant. No. CIV. A. 99-1725. United States District Court, E.D. Pennsylvania. September 7, 1999. *449 MEMORANDUM & ORDER KATZ, Senior District Judge. Plaintiff Molnlycke Health Care AB brings this patent infringement claim against defendant Dumex Medical Surgical Products Limited. Molnl...
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64 F. Supp. 2d 456 (1999) Jose L. CANELA, Plaintiff, v. U.S. DEPARTMENT OF JUSTICE, Defendant. No. CIV. A. 99-3785. United States District Court, E.D. Pennsylvania. September 8, 1999. Jose Canela, Perth Amboy, NJ, pro se. Stephen J. Britt, U.S. Atty.'s Office, Philadelphia, PA, for U.S. Dept. of Justice. MEMORANDUM & ORDER KATZ, District Judge. Before the court is a pro se "complaint" from J...
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ORDER AND MEMORANDUM OF DECISION Pending before the Court is David Jack’s Petition for Writ of Habeas Corpus brought pursuant to 28 U.S.C. § 2254. *69I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY On January 18, 1996, a jury of the Superior Court of Penobscot County found David Jack (“Jack”) guilty of aggravated assault. See Maine v. Jack, CR-95-625 (Me.Super.Ct.Pen.Cty., 1996). On March 26, 1996, J...
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64 F.Supp.2d 6 (1999) Rafael RAMOS, et al., Plaintiffs, v. DAVIS & GECK, INC., Defendant. No. CIV. 94-2737(HL). United States District Court, D. Puerto Rico. August 31, 1999. *7 Herbert W. Brown, III, Brown & Ubarri, San Juan, PR, for Rafael Ramos, Elsa Gonzalez-Sanchez, Conjugal Partnership Ramos-Gonzalez, Carlos E. Ramos, Javier A. Ramos, plaintiffs. Pedro Pumarada-Surillo, Pedro J. Man...
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MEMORANDUM AND ORDER This is an appeal from the denial of social security disability benefits. It is undisputed that plaintiff currently is disabled from gainful employment. The issue in this case is whether defendant was disabled from such employment after September 10, 1987 and before September 30, 1988, his last day of insured status. This case has a long history which the court sh...
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MEMORANDUM AND ORDER This matter is before the court on a petition for habeas corpus filed pursuant to 28 U.S.C. § 2254. Petitioner, an inmate in the custody of the Kansas Department of Corrections, challenges his conviction of one count of aggravated battery, claiming the district court erred in failing to appoint an interpreter, violated his right to equal protection during jury selection, ...
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MEMORANDUM AND ORDER This is an action to review a final decision by the Commissioner of Social Security regarding plaintiffs entitlement to disability insurance benefits and supplemental security income (SSI) benefits under the Social Security Act. The parties have briefed the relevant issues and the court is now prepared to rule. I. Plaintiff filed an application for disab...
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MEMORANDUM AND ORDER This matter comes before the court on defendant’s Motion for Judgment on the Pleadings (Doc.33). For the reasons set forth below, the defendant’s motion is granted. I. BACKGROUND Plaintiffs parents obtained a loan from Community Bank of Abilene, Kansas (hereinafter “the Bank”), on August 10, 1994, for approximately $2500 and pledged Spy Guy, the horse at iss...
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64 F.Supp.2d 47 (1999) Rohan P. DUNBAR v. INS. Gyno Domond v. INS. Enrico St. CYR v. INS. Nos. 3:99CV260(AHN), 3:99CV772(AHN), 3:99CV773(AHN). United States District Court, D. Connecticut. August 23, 1999. *48 Michael G. Moore, Springfield, MA, for plaintiff. James K. Filan Jr., Asst U.S. Attorney, District of Connecticut, New Haven, CT, for defendant. RULING ON PETITIONS FOR HABEAS CORPUS NEVAS...
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RULING ON PENDING MOTIONS On August 7, 1996, the plaintiff, Thomas J. Neary (“Neary”), originally filed suit in this Court against the defendant, The Prudential Insurance Company of America (“Prudential”), alleging wrongful termination. On February 24, 1997, this Court granted Prudential’s motion to compel arbitration. Over a year and a half later, on October 26,1998, a NASD panel of ...
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OPINION AND ORDER Pending before the Court is a motion for summary judgment filed by defendants Servicios Legales de Puerto Rico, Inc. (“Servicios Legales”), Gretchen Coll Marti (“Coll Marti”) and Angel Melendez Osorio (“Melendez Osorio”) (Docket # 21). Upon careful examination of the relevant facts, the applicable law and the parties’ arguments, defendants’ motion is GRANTED and plaintiffs’ co...
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DECISION AND ORDER After a long journey through the federal judicial system, this case has at last reached its denouement. This Court is now prepared to render its decision on the merits following a bench trial. Plaintiffs (collectively, “Ross-Simons”) allege that defendant Baccarat, Inc. (“Baccarat”) breached the terms of a settlement agreement that disposed of an antitrust lawsuit f...
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MEMORANDUM OPINION AND ORDER The common issue in these consolidated bankruptcy appeals is the fairness of the procedure followed by the bankruptcy judges in this district in determining the reasonableness of fees charged by attorneys representing debtors filing for relief under Chapter 13 of the Bankruptcy Code. George T. Carlson is the attorney appearing in these four cases. Other attorn...
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61 F.Supp.2d 533 (1999) David A. HAMMOND, Plaintiff, v. COLEMAN COMPANY, INC., Defendant. No. Civ.A. 2:98-CV-123PG. United States District Court, S.D. Mississippi, Hattiesburg Division. July 22, 1999. *534 Michael Adelman, Adelman & Steiner, Hattiesburg, MS, for David A. Hammond, plaintiff. James A. Becker, Jr., Watkins & Eager, Jackson, MS, for Coleman Company, The Coleman Company, Inc.,...
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO COMPEL THIRD PARTY IRELL & MANELLA LLP TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA D UCES TECUM I. INTRODUCTION The events underlying the present action stem from an unsuccessful patent infringement suit. In November, 1997, Defendant Atlus Dream Entertainment Co., Ltd. (“Atlus Dream”) brought a patent infringement claim against plaint...
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MEMORANDUM-DECISION and ORDER I. INTRODUCTION The parties initiated these actions in 1989 after disputes arose regarding the design and development of several hydroelectric power plants in central and northern New York State. The actions were consolidated for trial. A jury trial was held in Utica, New York, from March 22, 1999, through April 14,1999. In the lead case, 89-CV-227, judgment ...
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MEMORANDUM OPINION AND ORDER Plaintiff Eugene Feeley, individually and as assignee of the Peekskill Muffler Corporation (“PMC”) (collectively “plaintiff’) brings the instant action for damages against The Whitman Corporation, Midas International Corporation, Midas Realty Corporation, and Cosmic Enterprises, Inc. (collectively “Midas”), alleging claims under the Racketeer Influenced and Co...
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61 F. Supp. 2d 448 (1999) Marie THOMAS, Plaintiff, v. BET SOUND-STAGE RESTAURANT/BRETTCO, INC., et al., Defendants. No. Civ.A. AW-99-316. United States District Court, D. Maryland, Southern Division. September 1, 1999. *449 *450 *451 Jon Wyndal Gordon, Baltimore, MD, for plaintiff. Thomas Matthew Buchanan, John R. Ates, Donn C. Meindertsma, Chevanniese Smith, Winston & Strawn, Washington, DC,...
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61 F. Supp. 2d 611 (1999) BAY ELECTRIC SUPPLY, INC., and FAE, Inc. v. THE TRAVELERS LLOYDS INSURANCE COMPANY. No. CIV. A. G-98-134. United States District Court, S.D. Texas, Galveston Division. August 31, 1999. *612 *613 Stephen Paul Carrigan, Beckworth and Carrigan, Houston, TX, for Bay Electric Supply. Stephen Paul Carrigan, Beckworth and Carrigan, Houston, TX, David A. Gauntlett, Gauntlett &am...
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59 F.Supp.2d 1199 (1999) Anthony T. LEE, et al., Plaintiffs, United States of America, Plaintiff-Intervenor and Amicus Curiae, National Education Association, Inc., Plaintiff-Intervenor, v. AUTAUGA COUNTY BOARD OF EDUCATION, et al., Defendants. No. CIV. A. 70-T-3098-N. United States District Court, M.D. Alabama, Northern Division. July 29, 1999. *1200 Fred D. Gray, Fred D. Gray, Jr., Gray, Langfo...
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MEMORANDUM ORDER In order to prevent floor brokers on the New York Stock Exchange from taking unfair advantage of their specialized position, federal law prohibits such brokers from effecting securities transactions for their own account, an account in which they have a financial interest, or an account as to which they exercise investment discretion. See 15 U.S.C. § 78k(a) and various rules ...
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MEMORANDUM OPINION AND ORDER Plaintiff Leslie Segal, a former flight attendant for Trans World Airlines, Inc. (“TWA”) proceeding pro se, has commenced three actions against defendant TWA. In the first action, which she brought in 1991 (the “1991 action”), plaintiff asserts claims for violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. ...
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ENTRY ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiffs filed this declaratory judgment action requesting the court to declare and determine that they be allowed to “stack” the underinsured motorist coverage on vehicles owned by State Farm Mutual Insurance Company’s (“State Farm”) insured, Donald and Brenda Horning. Presently before the court is State Farm’s Motion for Summary Judgment.1 The c...
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60 F. Supp. 2d 450 (1999) George E. PICKETT V v. AMERICAN ORDNANCE PRESERVATION ASSOCIATION, et al. No. CIV. A. 98-3460. United States District Court, E.D. Pennsylvania. August 24, 1999. *451 Gavin P. Lentz, Bochetto & Lentz, P.C., Stephen E. Skovron, Bochetto & Lentz, P.C., Philadelphia, PA, for George E. Pickett, V, Plaintiff. Emanuel Kapelsohn, Blank Rome Comisky & Mccauley LLP, Al...
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64 F. Supp. 2d 923 (1999) Mohan SAINI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. CIV 99-0295-PHX-ROS. United States District Court, D. Arizona. August 24, 1999. *924 Dorothea Patricia Kraeger, Law Offices of Dorothea P Kraeger PC, Phoenix, AZ, for petitioner. Cynthia M. Parsons, U.S. Attorney's Office, Phoenix, Russell J. Verby, Office of Immigration Litigation, Washi...
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MEMORANDUM OPINION This matter comes before the Court upon Defendant’s Motion for Summary Judgment [# 35], Plaintiffs Motion for Partial Summary Judgment [# 46], and Defendant’s Motion to Dismiss Second Amended Complaint, or, in the Aternative, for Summary Judgment [# 78]. Plaintiff, John E. Lutes, brings this action alleging discrimination on the basis of race and sex in violation of...
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*791 MEMORANDUM OPINION AND ORDER This matter is before the Court on Defendant’s Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. For the reasons set forth below, this Court grants Defendant’s Motion. FACTS Plaintiff Antoinette Korotko-Hateh began working for Defendant John G. Shedd Aquarium (“the Aquarium”) in 1983 at the age of 44. (...
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OPINION This bankruptcy appeal requires this Court to consider whether the Bankruptcy Court improperly issued an order directing the Municipal Court to notify the New Jersey Division of Motor Vehicles (“DMV”) to restore a debtor’s drivers license that was suspended pre-petition, when such debtor is making payments for his traffic and parking fines through his Chapter 13 bankruptcy plan. T...
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION Thirty years ago, on September 2, 1969, computer scientists at UCLA introduced a system which allowed one computer to speak to another. The birth of the Internet, inauspicious at the time, presaged a revolution in worldwide communications. In the realm of law, we are only beginning to grapple with the...
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ORDER On March 16, 1999, United States Magistrate Judge Leslie G. Foschio filed his report and recommendation on plaintiffs motion for summary judgment and defendant’s motion to dismiss and for summary judgment. Magistrate Judge Foschio recommended that plaintiffs motion be denied and that defendant’s motion be granted (Item 37). On March 31, 1999, the plaintiff filed objections to t...
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61 F. Supp. 2d 307 (1999) Rahn J. FARRIS, Plaintiff, v. COUNTY OF CAMDEN, Camden County Democratic Committee, George E. Norcross, III, Louis Bezich, Joseph Benton, Thomas Mitchell, John Adler, Jack Gallagher, Gallagher Associates, Inc., Judy Palombi and Phyllis Pearl, Defendants. No. CIV. A. 97-5069. United States District Court, D. New Jersey. August 20, 1999. *308 *309 *310 Jerald R. Cureton, D...
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MEMORANDUM OPINION AND ORDER Plaintiff Nivia Viera, a former employee of Olsten/Kimberly Quality Care (“01-sten/KQC”), brings the instant employment discrimination action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”) and Article 15 of the New York State Human Rights Law, § 296(a) and (e) (“NYHRL”). Plaintiff alle...
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MEMORANDUM OPINION The issue before the Court is whether the passive carrier exemption provided by Section 111(a)(3) of the Copyright Act of 1976 1 protects defendant, which operates a dial-up “listen line” service for monitoring copyrighted radio broadcasts in locations remote from that of the caller, from liability for copyright infringement. *421 I This ca...
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*431 OPINION The plaintiff, Yoko Ono Lennon, brings this action against the defendant, Frederic Seaman, for copyright infringement, declaratory judgment, fraud on the copyright office, recovery of chattels, “trespass,” 1 tortious interference with contract, prima facie tort, unjust enrichment, breach of contract, as well as for injunctive relief. Presently before t...
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DECISION AND ORDER In this lawsuit pursuant to 42 U.S.C. § 1983, the pro se incarcerated plaintiff, David T. Hill (“Hill” or the “plaintiff’), claims that various New York State and Suffolk County officers and agencies failed to amend an incorrect statement in the Pre-Sentence Report contained in his inmate records, as a result of which he was wrongfully denied his requests to be rele...
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ENTRY DISCUSSING PENDING MOTIONS TO STRIKE AND MOTIONS FOR LEAVE I. Introduction This Entry rules on the majority of the pending motions to strike and both of the' pending motions for leave. Each of the motions relate in some way to the proper interpretation and application of Southern District of Indiana Local Rule 56.1 (“Local Rule 56.1” or “L.R. 56.1”), as amended December 17, 1998.1 In this c...
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70 F.Supp.2d 1008 (1999) CITY OF ST. LOUIS, et al., Plaintiffs, v. AMERICAN TOBACCO COMPANY, INC., et al., Defendants. No. 4:98CV02087 ERW. United States District Court, E.D. Missouri, Eastern Division. July 2, 1999. *1009 *1010 Kenneth C. Brostron, Terrance J. Good, Vice-President, Carolyn M. Kopsky, Margaret M. Mooney, Katherine M. Barrett, Lashly and Baer, P.C., St. Louis, MO for plaintiffs. F...
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*1042 ORDER THIS MATTER came before the undersigned United States Magistrate Judge on August 20th, 1999, on the parties’ cross-motions for summary judgment [# 17 and # 21]. Eric L. Crandall appeared for Plaintiffs. Ted Sullivan appeared for Defendants. Plaintiffs allege that Defendants violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. (“FDCPA”)...
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MEMORANDUM The Equal Employment Opportunity Commission (“EEOC”) brought this action against . Orkin Exterminating Company (“Orkin’’), alleging that Orkin discriminated against Emmanuel Nwabugwu (“Nwabugwu”) on the basis of race and national origin when it failed to place him in its Branch Manager Training Program. A five day-jury trial was held during the week of June 7, 1999. The jury fa...
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64 F. Supp. 2d 700 (1999) UNITED STATES of America, Plaintiff, v. Ronald W. SKEDDLE, et al., Defendants. No. 3:95CR736. United States District Court, N.D. Ohio, Western Division. March 5, 1999. *701 David W. Alexander, Roger D. Branigin, Squire, Sanders & Dempsey, Columbus, OH, Thomas S. Zaremba, Roetzel & Andress, Toledo, OH, for Intervenors. William M. Connelly, Connelly, Soutar & J...
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OPINION and ORDER The parties have provided me with additional briefing on the remaining question from the suppression hearing, that is, *412 whether the defendant was in custody for purposes of Miranda when he was on the train platform, where he was asked a short series of questions by the officers. I have already found that the defendant was subject to a ...
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MEMORANDUM OPINION I Currently pending before the Court are Movant Alavi Foundation’s Motions to Release Properties From Levy, to Quash Writs of Execution, and to Enjoin Plaintiff from Issuing Future Writs Against the Foundation’s Property. A hearing was held on these motions. In ruling on the motions, the Court has considered the briefs of the parties, the arguments of counsel at th...
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MEMORANDUM DECISION In this case, plaintiffs Gerald Schaeffer, Edith Schaeffer, Alisa Schaeffer, and Jennifer Schaeffer, through her next friend, Edith Schaeffer (collectively, the “Schaef-fers”), seek damages in excess of one hundred million dollars for personal injuries sustained during an armed robbery of defendant Vera Wang Bridal House, Ltd. (“Vera Wang”) on March 23,1994. During...
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61 F. Supp. 2d 1001 (1999) COHO SALMON (ONCHORYNCHUS KISUTCH), Environmental Protection Information Center, Inc., Sierra Club, Inc., Northcoast Environmental Center, Inc., Plaintiffs, v. PACIFIC LUMBER COMPANY, a Delaware corporation, Scotia Pacific Holding Company, a Delaware corporation, Salmon Creek Corporation, a Delaware corporation, Defendants. No. C-98-0283 MHP. United States District Cour...
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ORDER GRANTING PLAINTIFF’S MOTION TO REMAND Plaintiff Annette Davis moves to remand this matter to state court. The Court grants the motion. I. Background Davis is a citizen of California. (Not. Rem. at 2.) Defendant Prentiss Properties is a citizen of Delaware. (Id. at 3.) Defendant Joanne Coval is a citizen of California. (Id. Ex.A (Compl.) at 9.) Da...
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DECISION AND ORDER INTRODUCTION On October 19, 1998, defendant Juan Luis Romero-Tamayo waived indictment and pled guilty to a one-count information charging him with illegal reentry into the United States after previously being deported, in violation of 8 U.S.C. § 1326(a). Following defendant’s plea of guilty, the United States Probation Office prepared a presentence investigation report (“PSR”)...
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*49 MEMORANDUM ORDER These consolidated cases come before the Court on the plaintiffs’ Motion For Construction Of Injunction And For Preliminary Injunction. The motion is opposed by the defendants. The Court heard arguments on March 12,1999. I The background of this litigation is as follows: The plaintiffs filed these consolidated cases, hereinafter referred to as the “case,” in 1991. A...
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MEMORANDUM On June 7, 1993, plaintiff Richard Ho-mar (Homar) filed this civil rights action under 42 U.S.C. § 1983 against defendants, all of whom are officials of East Stroudsburg University (ESU), asserting that his procedural and substantive due process rights were violated when defendants suspended him from his position as a campus security officer without pay without providing him a ...
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OPINION AND ORDER Defendant Svenska Handelsbanken, N.Y. (“SNY”) moves under Rule 50(b) of the Federal Rules of Civil Procedure for judgment as a matter of law vacating a jury verdict in favor of plaintiff Victoria Greenbaum on her claims of sex discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the equiva...
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*990 MEMORANDUM AND ORDER Plaintiff Sydell Ralkin brings this action against the New York City Transit Authority (the “NYCTA”) pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., the Age Discrimination in Employment Act of 1967, as amended (the “ADEA”), 29 U.S.C. §§ 621 et seq., and the Civil Rights Act of 1866, as ...
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DECISION and ORDER JURISDICTION This matter was referred to the undersigned on May 26, 1998 for determination of any non-dispositive matters. In a Decision and Order, dated July 1, 1998 (“D & O”), the court granted Plaintiffs’ motion to enforce subpoenas issued to non-parties Sisters of Charity Hospital (“Sisters Hospital”) and Erie County Medical Center (“ECMC”), dated April 13, 199...
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ORDER ON MOTIONS TO DISMISS This matter comes before the Court on Motions to Dismiss by several Defendants: Distribution, Equipments, Qualite de Casinos (“DEQ Casinos”); Guimont; Futek-MSM Patents, Ltd. (“Futek-MSM”); Guil-lemette; BCD Mecanique Distribution (“BCD”); Diversion Extra de Quebec (“Diversion”); Bergeron; and Bouchard. After reading the briefs, hearing oral argument, and being...
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ORDER ON PLAINTIFF’S MOTION FOR PRELIMINARY ' INJUNCTION This motion for preliminary injunction, brought by Plaintiff Phillip Morris Incorporated (PMI) and argued August 11, 1999, raises important issues relating to the purposes and scope of trademark protection. The Court must determine whether the provisions of the Lanham Act 1 properly may be utilized to prevent confusion be...
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ORDER This matter comes before the Court on two Motions for Summary Judgment by Defendants Amusements Extra, Inc. (“AME”) and Huard, and Plaintiffs Motion to Strike Unsupported Allegations in Defendants’ summary judgment motion. After reading the briefs, hearing oral arguments, and otherwise being fully advised of the premises, the Court FINDS and ORDERS as follows: *1181 ...
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45 F.Supp.2d 1049 (1999) WASTE ACTION PROJECT; and Clark County Natural Resources Council, Plaintiff, v. CLARK COUNTY, Defendant. No. C98-5271RJB. United States District Court, W.D. Washington, at Tacoma. January 13, 1999. *1050 John S. Karpinski, Vancouver, WA, Richard A. Smith, Smith & Lowney, PLLC, Seattle, WA, for Plaintiffs. E. Bronson Potter, Clark County Prosecuting Attorney's Office, ...
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ORDER REGARDING PLAINTIFF’S MOTION FOR PRETRIAL DETERMINATION OF ADMISSIBILITY OF EVIDENCE RELATING TO PRIOR DRUG TRAFFICKING BY THE DEFENDANT I. INTRODUCTION AND BACKGROUND On December 16, 1998, a two-count indictment was returned against defendant Calvin Ray Harris charging him with distribution of cocaine in violation of 21 U.S.C. § 841(a)(1). Count I of the indictment charges Mr. Harris...
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MEMORANDUM AND ORDER Pending before me is the motion of the State of Nebraska to dismiss this case (filing 108). Also pending is the motion to amend the complaint. (Filing 111) Oral argument has been held on both motions. I will grant the motion to amend the complaint, but dismiss this case on Eleventh Amendment grounds. Briefly, my reasons for doing so are set forth below. I. Timothy Langa...
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DECISION AND ORDER Plaintiffs Tamaris (“Tammy”) Fernandez and her mother Ada Candelaria bring this action under 42 U.S.C. § 1983, alleging that state defendant Michael Strand, Tammy’s exceptional education teacher at Racine public school, repeatedly detained Tammy in class and engaged in unwanted physical contact with her in violation of her civil rights. Plaintiffs also sue the Racin...
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136 F. Supp. 2d 576 (1999) Timothy K. DUNAWAY v. UNITED STATES Of America, et al. No. Civ.A. 98-2035. United States District Court, E.D. Louisiana. September 2, 1999. *577 Irving Jay Warshauer, Gainsburgh, Benjamin, David, Meunier & Warshauer, New Orleans, LA, for Timothy K. Dunaway. Craig Joseph Robichaux, Talley, Anthony, Hughes & Knight, LLC, Mandeville, LA, Gustave A. Fritchie, III, I...
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MEMORANDUM Before the court is the CIA’s Vaughn index and motion for summary judgment, presenting for decision the last remaining merits issues in Terry Anderson’s five-year old FOIA litigation with ten government departments. Anderson challenges only two aspects of the CIA’s final response 1 : (i) its failure or refusal to segregate exempt material from non-exempt, releasable material; a...
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*101 MEMORANDUM OPINION At issue in this suit brought pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, is a recently issued U.S. patent for a human genetic library. The parties are the world’s only two biotechnology companies engaged in licensing phage display libraries for the production of human antibodies in the United States. Yon Ruden Decl. ¶ 1, Pl.Surrep.Exh. 1. P...
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MEMORANDUM The Endangered Species Act, 16 U.S.C. § 1531 et seq., provides that citizens may petition for the inclusion of species on the endangered list and requires the Fish and Wildlife Service to make preliminary findings on such petitions to “the maximum extent practicable” within 90 days. Plaintiff, a nonprofit organization concerned with the preservation of plants, animals, and ecosys...
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ORDER Pending is the Government’s motion for judgment on the pleadings. (Doc. 22). I. FACTUAL BACKGROUND This is an action for refund of interest and penalties paid by the plaintiffs, Edwin and Susan Henry, in connection with the untimely filing of their personal income tax return for taxable year 1993. The following factual allegations are' set out in the complaint and are acce...
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64 F. Supp. 2d 1182 (1999) Mary G. CARTER, Plaintiff, v. William HARRIS, individually and in his official capacity; Fob James, in his official capacity; Buford Crutcher, in his official capacity; B. Maxine Coley, in her official capacity; James C. Cox, in his official capacity; Oscar Crawley, in his official capacity; Toreatha M. Johnson, in her official capacity; Larry H. Keener, in his official...
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MEMORANDUM Plaintiff in this Freedom of Information Act case is a history professor who seeks FBI documents about three intellectuals investigated by the FBI in the 1940’s and 1950’s. I denied cross-motions for summary judgment on September 29, 1998, with leave for the FBI to “augment its showing that the documents in question were gathered for law enforcement purposes and that they relate to...
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MEMORANDUM OPINION AND ORDER Ronald Ernst (“Ernst”) sues the City of Chicago and “various John Does and Jane Does who work for the City of Chicago and were involved in this case” (collectively “City”), asserting a number of claimed constitutional violations resulting from the towing of four motor vehicles belonging to Ernst. City has responded with a motion to dismiss all counts of th...
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MEMORANDUM OPINION AND ORDER Before the court are Defendants’ Motion for Summary Judgment, filed June 16, 1998; Defendants’ Brief in Support of Motion for Summary Judgment, filed June 16, 1998; Plaintiffs Response to Defendants’ Motion for Summary Judgment, filed July 6, 1998; Plaintiffs Brief in Support of Response to Defendants’ Motion for Summary Judgment, filed July 6, 1998; and D...
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MEMORANDUM OPINION In this case brought under the Privacy Act, 5 U.S.C. § 552a, plaintiff, a former manager at the Immigration and Naturalization Service, alleges that the Office of the Inspector General for the Department of Justice (OIG-DOJ) unlawfully released on the Internet a report critical of her work. DOJ moves for summary judgment, on the ground that OIG-DOJ did not “disclose” the re...
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MEMORANDUM OPINION Plaintiffs are ten affiliated healthcare providers aggrieved by a decision by the Medicare Provider Reimbursement Review Board (“Board” or “PRRB”) dismissing their claims for certain costs they incurred during the 1987 cost reporting year. They sue for judicial review and reversal of that decision and of subsequent decisions by the Board and the Administrator of the...
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MEMORANDUM Plaintiff sues under the Freedom of Information Act, 5 U.S.C. § 552, to compel the United States Department of Agriculture to release records pertaining to several loans made by the Farmers Home Administration (“FmHA”) to his brother, Tony, and to Tony’s wife, Jewel. He alleges that Tony and Jewel Hill, acting as president and secretary of Appalachian Apple Packers, Inc. (“AAP”), a...
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MEMORANDUM OPINION In this action brought under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, plaintiffs Philadelphia Newspapers, Inc. and Daniel Rubin seek access to the results of a government audit of the Medicare billing practices of Clinical Practices of the University of Pennsylvania (CPUP). Defendant Department of Health and Human Services (HHS) is withholding 25 docum...
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61 F. Supp. 2d 1150 (1999) Luke E. McCLURG, Plaintiff, v. GTECH CORPORATION, Defendant. No. 95-4193-SAC. United States District Court, D. Kansas. July 22, 1999. *1151 *1152 Cheryl D. Myers, Michael B. Myers, Myers & Myers, Topeka, KS, for plaintiff. Donald S. Lee, Topeka, KS, Thomas E. Wright, Wright, Henson, Somers, Sebelius, Clark & Baker, LLP, Topeka, KS, for defendant. MEMORANDUM AND...
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MEMORANDUM AND ORDER On March 31, 1999, this court entered a memorandum and order which decided a number of pending motions in this case. See Oleson v. Kmart Corp., 185 F.R.D. 631 (D.Kan.1999). In that decision, the court found the defendants’ dispositive motions procedurally deficient in several respects. Expressing no opinion on the merits of the defendants’ arguments, the court denied the dispo...
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MEMORANDUM AND ORDER The defendants, Topeka Performing Arts Center, Inc. (“TPAC”) and Harold Hansen, move to dismiss pursuant to Fed. R.Civ.P. 12(b)(6) all claims asserted in paragraph six of the plaintiffs complaint. (Dk.6). The defendants argue: (1) there is no cognizable federal common law claim for retaliatory discharge; (2) the remedies available under the Fair Labor Standards Act (“...
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MEMORANDUM OPINION This copyright action is before the court on Plaintiff ABC, Inc.’s motion and supplemental motion to award statutory attorney’s fees pursuant to 17 U.S.C. § 505. For the following reasons, the court will grant Plaintiffs motions. BACKGROUND ABC filed this copyright infringement action on January 28, 1997, alleging violation of the Satellite Home Viewer Act...
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61 F. Supp. 2d 781 (1999) MY FAVORITE MUFFIN TOO, INC., Plaintiff, v. DK HOLDINGS, INC., Robert Katz and Debbie Katz, Defendants. No. 98 C 6665. United States District Court, N.D. Illinois, Eastern Division. August 20, 1999. *782 Marc P. Seidler, Julie Ann Garvey, Seidler & McErlean, Chicago, IL, for My Favorite Muffin Too, Inc., plaintiff. Harold B Katz, Grover, Weinstein, Stauber & Frie...
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OPINION This matter comes before the Court on the motions of plaintiffs Hoffman-La Roche Inc. (“Roche”) and Syntex (U.S.A.) Inc. (“Syntex”) to voluntarily dismiss their complaint against defendant Genpharm Inc. (“Genpharm”) without prejudice and to dismiss Genpharm’s counterclaims against them for lack of subject matter jurisdiction and for failure to state a claim upon which relief may b...
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OPINION Defendants’ motion for summary judgment presents two novel issues of law unresolved in this Circuit. First, I must determine the appropriate legal standard to be applied to a civil rights claim for malicious prosecution brought pursuant to 42 U.S.C. § 1983 in the wake of Albright v. Oliver, 510 U.S. 266, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994), and two recent Third Circui...
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OPINION This appeal requires this Court to consider the jurisdiction of the Bankruptcy Court to entertain a petition to be named as an unsecured creditor after a bankruptcy plan has already been confirmed. The Bankruptcy Court appears to have found that it lacked jurisdiction to hear the late claim and dismissed the petition. This Court finds that the Bankruptcy Court has jurisdiction to ...
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65 F. Supp. 2d 802 (1999) UNITED STATES of America, v. Miriam SANTOS. No. 99 CR 47. United States District Court, N.D. Illinois, Eastern Division. September 8, 1999. *803 *804 *805 *806 Chris C. Gair, Freeman, Freeman & Salzman, P.C., Chicago, IL, David J. Stetler, Corey B. Rubenstein, Stetler & Duffy, Ltd., Chicago, IL, for Miriam Santos, defendant. Jerome Natahan Krulewitch, U.S. Atty's...
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MEMORANDUM AND ORDER Plaintiff Hasbro, Inc. brings this suit against Clue Computing, Inc., a Colorado company, for trademark infringement upon and dilution of the CLUE ® trademark. Hasbro, which owns the CLUE ® mark corresponding to the game CLUE, alleges that Clue Computing has infringed upon its trademark rights and diluted its famous mark through the use of a World Wide Web site at...
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ORDER THIS MATTER is before the court on the Plaintiffs Motion to Compel (file document *234no. 31), filed April 15, 1999, in which the Plaintiff seeks an order compelling Defendants to respond to (1) Interrogatories 10 and 20 set forth in Plaintiffs Request for Production of Documents (first set); (2) Interrogatories 24(a), 24(b), 25, 25(a), 26, 26(a) and 28(d) set forth in Plaintiffs Request f...
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*108 MEMORANDUM OF DECISION AND ORDER This decision examines an unresolved issue in this Circuit. Indeed, the resolution of the motion presently before the Court involves an issue in which there exists a split in Circuit authority; a divergence in opinion within the Southern, Northern and Western Districts of New York; and one that has apparently not been addressed by the Eastern District. ...
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MEMORANDUM OPINION This matter comes before the Court on Counterclaim-plaintiff, the United States’, Motion to Join Marvin Davis in Order to Afford Complete Relief. Mr. Marvin Davis is the current president and chairman of The Crude Company (“TCC”). From 1975 until 1982 TCC was engaged in the business of reselling crude oil. The company ceased active business operations in 1982 although it has r...
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64 F. Supp. 2d 797 (1999) HANSON ENGINEERS INC., Plaintiff, v. UNECO, INC., Defendant. No. 99-3083. United States District Court, C.D. Illinois, Springfield Division. September 7, 1999. William F. Trapp, Springfield, IL, for plaintiff. *798 Stephen F. Hedinger, Springfield, IL, for defendant. OPINION MILLS, District Judge. In this breach of contract case, Defendant moves to dismiss for lack of p...
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MEMORANDUM OPINION I know there will be some second guessing about this plea. There will be some who will say that the sanction is not tough enough and others who will say here is *39more evidence of the Independent Counsel Act as not serving the public interest. When I was told of the disposition, my first impression was that it was too light. This was largely because I have to send young men a...
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64 F. Supp. 2d 614 (1999) COMPLETE AUTO SALES, INC., Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant. Civil Action No. 3:98-CV-2766-G. United States District Court, N.D. Texas, Dallas Division. September 7, 1999. *615 Mark Eric Wewers, Pulley Roberts Cunningham & Stripling, Dallas, TX, for plaintiff. James L. Johnson, Johnson Law Office, Dallas, TX, for defendants. MEMORANDU...
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OPINION This Court must consider whether Plaintiffs . counsel, Gerald M. Eisenstat, Esq. (“Mr. Eisenstat”), violated his obligation under Rule 11 of the Federal Rules of Civil Procedure,1 to conduct a reasonable inquiry into applicable law before filing a motion in this case. More specifically, while reviewing the cross-motion of Plaintiff, Brantley Slater (“Slater”), to amend nunc pro tunc, whic...
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OPINION This matter comes before the Court on the motion of the defendant, Circus Circus Hotel, to dismiss the complaint of Janice and Robert Decker for lack of personal jurisdiction and for improper venue pursuant to Federal Rules of Civil Procedure 12(b)(2), 12(b)(3), and to quash service of process, or, in the alternative, to transfer this action’'to the United States District Court fo...
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RULING ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT INTRODUCTION This is a complaint brought in two counts. The first alleges that the police officers involved filed reports in which they falsely and maliciously accused plaintiff of assaulting, abusing and resisting them while being held a prisoner inside the headquarters of the New Haven Police Department. These allegations resulted in pla...
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RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff, Wesley Van Dine, alleges that defendant, Robert Bosch Corporation (“Bosch”), violated the Age Discrimination in Employment Act (“ADEA”). The defendant has moved for summary judgment as a matter of law. For the following reasons, defendant’s motion will be granted. BACKGROUND Plaintiff and defendant have su...
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ORDER A post-trial motions hearing was held in this matter on June 30, 1999. Plaintiffs were represented by Shawn Price-Sladich and Richard Eymann; Defendant was represented by James Kalamon and Patrick Kirby. The Court reserved ruling on Plaintiffs’ Motion for Injunctive Relief (Ct.Rec. 180), Plaintiffs’ Motion for Attorneys Fees and for Costs (Ct.Rec.182), Defendant’s Renewed Motion for...
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64 F. Supp. 2d 55 (1999) James JOHNSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. No. 5:83CV08 (WWE). United States District Court, D. Connecticut. August 23, 1999. *56 RULING ON PLAINTIFF'S SECOND MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTIONS FOR ATTORNEY'S FEES EGINTON, Senior District Judge. In this action, plaintiff sought review of the denial of his disability insura...
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RULING ON DEFENDANT’S SECOND MOTION FOR SUMMARY JUDGMENT INTRODUCTION This case arises out of plaintiffs cessation of employment from defendant University of Hartford in July, 1995. In the eleven counts of the complaint, plaintiff seeks relief under Title VII, 42 U.S.C., 2000e et seq.; Section 1981 of the Civil Rights Act of 1964, as amended 1991; and numerous supp...
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64 F. Supp. 2d 59 (1999) UNITED STATES ex rel. Belinda Renee BRYANT, Petitioner, v. WARDEN, Federal Correctional Institute, Danbury, Respondent. No. 3:98CV2219(WWE). United States District Court, D. Connecticut. August 31, 1999. Timothy C. Moynahan, Waterbury, CT, Cheryl J. Sturm, Westtown, PA, for plaintiff. Carolyn Aiko Ikari, U.S. Attorney's Office, Hartford, CT, for defendant. RULING ON MOTI...
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MEMORANDUM NAMSA, the defendant in this patent infringement suit, has moved for compelled production of three categories of information. First, it requests production of all U.S. patent applications relating to sterility indicators that contain an enzyme-based detection system, and answers to related interrogatories. Second, it requests production of unredacted copies of relevant pages from invent...
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*1224 ORDER DENYING PARTIAL SUMMARY JUDGMENT THIS CAUSE is before the Court on Defendant Lanzo Construction Co., Florida’s (“Lanzo”) Motion for Partial Summary Judgment, filed February 18, 1999. For the following reasons, Lanzo’s Motion is denied. FACTS AT & T Corporation (“AT & T”) is a telecommunications company which owns underground fiberoptic cables in Miami, F...
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ORDER This cause comes before the Court on Defendant’s Motion for Summary Judgment (Dkt.28), Plaintiffs Opposition to Defendants’ Motion for Summary Judgment (Dkt.49), Plaintiffs Cross Motion for Summary Judgment (Dkt.37), and Defendants’ Response in Opposition to Plaintiffs Cross Motion for Summary Judgment (Dkt.51). I. Facts and Procedural History The Court accepts...
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64 F.Supp.2d 61 (1999) P.L., by and Through Her Parents and Next Friends, Mr. and Mrs. L., Plaintiffs, v. NORWALK BOARD OF EDUCATION, Defendant. No. 3:98CV01121(WWE). United States District Court, D. Connecticut. September 1, 1999. *62 David C. Shaw, Law Offices of David C. Shaw, Hartford, CT, for Plaintiff. Marsha Belman Moses, Michelle Claire Laubin, Berchem, Moses & Devlin, P.C, Milford, C...
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RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT Plaintiffs, Joseph Garamella and Nicholas Mainiero, each own separate parcels of unimproved real property adjacent to the Sikorsky Memorial Airport in Strat-ford, Connecticut. The plaintiffs allege that the city of Bridgeport and the town of Stratford have taken their properties without just compensation in violation of their state and fede...
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64 F. Supp. 2d 35 (1999) Ori O. KELLMAN, Plaintiff, v. YALE-NEW HAVEN HOSPITAL, Defendant. No. 3:98CV01101 (WWE). United States District Court, D. Connecticut. August 11, 1999. Laura Lee A. Dorflinger, Amy E. Johnson, Law Office of Martyn Philpot, New Haven, CT, for plaintiff. Margaret P. Mason, Robert C. Hinton, Tyler, Cooper & Alcorn, New Haven, CT, for defendant. RULING ON DEFENDANT'S MOT...
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64 F.Supp.2d 64 (1999) William M. BROUGHTON, Plaintiff, v. CONNECTICUT STUDENT LOAN FOUNDATION, Defendant. No. 3:97CV1215 (WWE). United States District Court, D. Connecticut. September 2, 1999. *65 Charles D. Houlihan, Jr., Simsbury, CT, for plaintiff. Robert L. Keepnews, Pepe & Hazard, Southport, CT, for defendant. RULING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT EGINTON, Senior District J...
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RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT In a one count complaint, plaintiff, Joseph Firgeleski, alleges that defendant, Hubbell, Inc., violated the Age Discrimination in Employment Act (“ADEA”). The defendant has moved for summary judgment as a matter of law. For the following reasons, defendant’s motion will be granted. Background Plaintiff and defendant ...
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ORDER The United States of America (“government”), brought this action against George T. Kattar, Phyllis Kattar, Personally and as Trustee, Mary Abdoo, Trustee, George P. Kattar, Trustee, Kevin Kattar, Trustee, the Seven Children Trust, and the Town of Meredith, seeking to reduce to judgment certain assessments of tax liabilities made by the Internal Revenue Service. Before the court is the gove...
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81 F. Supp. 2d 262 (1999) UNITED STATES of America v. George T. KATTAR, et al. No. 95-221-JD. United States District Court, D. New Hampshire. August 19, 1999. *263 George P. Eliopoulos, U.S. Department of Justice, Trial Attorney, Tax Division, Washington, DC, Charles J. Cannon, Steven Lyons, U.S. Department of Justice, Trial Attorney Tax Division, Washington, DC, for U.S. Albert F. Cullen, Jr., C...
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MEMORANDUM OPINION AND ORDER Plaintiffs, Sigma-Tau Industrie Farmaceutiche Riunite, S.p.A. and its subsidiary Biosint, S.p.A. (collectively “Sigma-Tau”), commenced this action against defendant, Lonza, Ltd. (“Lonza”), for a declaratory judgment of non-infringement and invalidity of United States Patent No. 5,073,376 (“ ’376 patent” or “Lonza patent”). Currently pending are: (1) plaint...
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OPINION This case involves a complex and, at times, seemingly convoluted, mélange of often misunderstood legal issues, including choice of law, third party practice, Rule 11 sanctions, and a survey of the law of negligence of Michigan, New Jersey, and Virginia. In an effort to speed this case to trial, I have resolved all pending motions in an omnibus opinion that only mirrors in breadth what it ...
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MEMORANDUM AND ORDER The case comes before the court on the defendant’s following pretrial motions: Notice of Demand for Disclosure of Evidence (Dk.14); Motion to Disclose Expert Testimony (Dk.15); Motion to Dismiss Indictment or, in the alternative, for Bill of Particulars (Dk.17); and Motion to Disclose Witness and Produce Relevant Information (Dk.20). The government has filed two responses to t...
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MEMORANDUM AND ORDER This Title VII employment discrimination case comes before the court on the defendant’s motion to dismiss (Dk.5). The defendant contends it is not a Title VII employer, for it did not have “fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year,” 42 U.S.C. § 2000e(b). The court previously const...
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MEMORANDUM AND ORDER This breach of contract case comes before the court on the plaintiffs motion to remand. (Dk.5). The plaintiff filed on June 25, 1999, his petition in the District Court of Shawnee County, Kansas, alleging the defendant hired him on October 4, *1234 1998, as a Business Development Liaison — Athletic Program and then dismissed him on May 4, 1999, in breach ...
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MEMORANDUM AND ORDER On May 27, 1999, the grand jury returned a five count superseding indictment charging the defendants, Jay Dee Walters and Cheryl Walters, with one count of conspiracy to manufacture and distribute in excess of one kilogram of a mixture or substance containing a detectable amount of methamphetamine (Count 1) and one count of harboring a fugitive, Billy J. Hill (Count 2). Count...
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MEMORANDUM AND ORDER On November 19, 1998, the grand jury returned a superseding indictment 1 charging Ray Lee D’Armond, Jr. and Brian Keith Lindberg with conspiring to manufacture in excess of 10 grams of methamphetamine (in violation of 21 U.S.C. § 841(a)(1)), attempting to manufacture methamphetamine (in violation of 21 U.S.C. § 841(a)(1), and creating a substantial risk of ...
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61 F. Supp. 2d 1165 (1999) Patrick WEMPE, an individual, Plaintiff, v. SUNRISE MEDICAL HHG, INC., a California corporation; Mechanical Application Designs, Inc., a Texas corporation; and Dalva Alexander, an individual, Defendants. No. 99-4041-SAC. United States District Court, D. Kansas. August 26, 1999. *1166 Ron C. Campbell, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, William E. ...
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65 F. Supp. 2d 388 (1999) William and Shelby CREWS, Plaintiffs, v. ALTAVISTA MOTORS, INC. and First National Bank of Altavista, Defendants. No. CIV. A. 6:99CV40007. United States District Court, W.D. Virginia, Lynchburg Division. September 7, 1999. Elmer Woodard, Danville, VA, for William and Shelby Crews Plaintiffs. Leighton S. Houck, Caskie & Frost, Lynchburg, VA, James P. Kent, Jr., Kent &...
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64 F. Supp. 2d 361 (1999) Linda PRYZBOWSKI, Plaintiff, v. U.S. HEALTHCARE, INC., Medemerge, P.A., et al., Defendants. No. Civ.A. 97-3097(MTB). United States District Court, D. New Jersey. September 8, 1999. *362 *363 Jerrold D. Goldstein, North Plainfield, New Jersey, for plaintiff. Edward S. Wardell, Nancy C. Fletcher, Kelley, Wardell & Craig, Haddonfield, New Jersey, for defendant U.S. Heal...
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OPINION and ORDER I. Introduction In the instant case, this court gets a closeup view of the Darwinian struggle that today animates most merger and acquisition activity in the commercial banking field. Any merger brings to the fore the sometimes converging and sometimes conflicting interests of target and suitor, shareholder and incumbent management. This case is no excep...
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64 F. Supp. 2d 580 (1999) PATTON ELECTRIC CO., INC., and the Rival Company, Plaintiffs, v. UNITED STATES of America, Defendant.[1] No. Civ.A. 99-399-A. United States District Court, E.D. Virginia, Alexandria Division. September 3, 1999. Edward J. Longosz, II, Miles & Stockbridge, McLean, VA, for plaintiffs. Leslie McClendon, Assistant United States Attorney, United States Attorney's Office, A...
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MEMORANDUM Presently before the court in this employment discrimination action are cross-motions for reconsideration arising from my Order of February 12, 1999 (“the Order”) and plaintiffs motion for leave to file a supplemental memorandum of law in support of his motion for reconsideration. The Order granted summary judgment to defendant QVC on plaintiffs claims of age discrimination...
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65 F. Supp. 2d 1124 (1999) Eugenia ALIRE, Plaintiff, v. Charles V. JACKSON, Defendant. No. CIV 99-357-JO. United States District Court, D. Oregon. September 9, 1999. Craig J. Dorsay, Portland, OR, for Plaintiff. Dennis C. Karnopp, Karnopp Petersen Noteboom Hansen Arnett & Saye, Bend, OR, for Defendant. OPINION AND ORDER ROBERT E. JONES, District Judge. On March 15, 1999, plaintiff Eugenia Al...
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64 F. Supp. 2d 708 (1999) ATLANTIC POOLS AND SPAS, INC. v. BELLSOUTH ADVERTISING AND PUBLISHING CORPORATION, et al. No. 1-98-0074. United States District Court, M.D. Tennessee, Columbia Division. April 12, 1999. *709 Charles Timothy Tisher, Mark A. Free, Matthews, Tisher & Free, Columbia, TN, for Atlantic Pools and Spas, Inc. pltfs. Steven E. Anderson, Jonathan C. Stewart, Bass, Berry & S...
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OPINION The fur vaults of Mink Mart, Inc., located in a building on New York’s Fashion Avenue, were damaged by water in July of 1992. Mink Mart and its insurer, Reliance Insurance Company, allege that the building’s landlord, third-party defendant Clemons Management Corp., and the building’s managing agent, third-party defendant Sidney J. Bernstein, Inc., are responsible for the damag...
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MEMORANDUM AND ORDER ON PLAINTIFF’S REQUEST FOR DECLARATORY AND INJUNCTIVE RELIEF The Wampanoag Tribal Council of Gay Head, Inc. (“Tribe”), a federally recognized tribe of Native Americans, has brought this action for declaratory and injunctive relief against the Massachusetts Commission Against Discrimination (“MCAD”); Charles E. Walker, in his individual capacity and in his capacity as ...
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DECISION AND ORDER Teamsters Local Union No. 75 brought this action to compel Schreiber Foods, Inc. [“Schreiber”] to arbitrate a grievance. The court has jurisdiction under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185. Both parties have filed motions for summary judgment, and they have agreed that there are no issues of fact precluding this court from deciding whethe...
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OPINION AND ORDER Judgment was entered for defendant AgriBank, FCB in this civil action in February 1999. The case is before the court now on defendant’s motion for preliminary and permanent injunctive relief to protect the court’s judgment. Defendant is asking this court to enjoin the Circuit Court for Portage County, Wisconsin, from conducting any further proceedings brought by plaintif...
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ORDER DENYING DEFENDANTS’ KENNETH A. WELT’S, CAPITAL FACTORS, INC., AND RON LUSK’S MOTIONS TO DISMISS Before the court are the motions of Bankruptcy Trustee, Kenneth Welt, Capital Factors, and Ron Lusk asking the court to dismiss Plaintiffs complaint for *380 lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a proper claim under Fe...
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64 F. Supp. 2d 459 (1999) Kimberly VAN CLEVE, Plaintiff, v. NORDSTROM, INC., Defendant. No. CIV. A. 99-1426. United States District Court, E.D. Pennsylvania. September 10, 1999. *460 Malcolm W. Berkowitz, Malcolm W. Berkowitz, J.D. & Assoc., Philadelphia, PA, for Plaintiff. Mary Elizabeth Nagy, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, for Defendant. MEMORANDUM & ORDE...
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MEMORANDUM AND ORDER This personal injury action has been brought before the Court on Defendants’ Motion for Summary Judgment on all of the plaintiffs’ claims against them. For the reasons which follow, the motion shall be denied. Factual Background This case arose on October 6, 1997 when Plaintiff, Jeffrey Christ’s right hand was tragically amputated as the result of one of his co-work...
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61 F. Supp. 2d 440 (1999) Vincent RENZI, et al. v. CONNELLY SCHOOL OF THE HOLY CHILD, et al. No. JFM-99-1512. United States District Court, D. Maryland. August 31, 1999. *441 Vincent Renzi, Washington, D.C., for plaintiff. William K. Wilburn, Seyfarth, Shaw, Fairwather & Geraldson, Washington, D.C., for defendant. OPINION MOTZ, Chief Judge. Defendant, Connelly School of the Holy Child, Inc. ...
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61 F.Supp.2d 435 (1999) Frederick A. LEWIS, Plaintiff, v. WELDOTRON CORPORATION, et al., Defendants. Civil Action No. JFM-98-1466. United States District Court, D. Maryland. August 23, 1999. *436 John R. Sutherland, Kristen A. Brinster, Sutherland & Brinster, Baltimore, MD, for plaintiff. William N. Zifchak, Sasscer, Clagett & Bucher, Upper Marlboro, MD, Michael T. Wharton, Wharton, Levin...
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64 F. Supp. 2d 584 (1999) NATIONAL HOME EQUITY MORTGAGE ASSOCIATION, Plaintiff, v. E. Joseph FACE, Jr., Commissioner of Financial Institutions, Bureau of Financial Institutions, Virginia State Corporation Commission, Susan E. Hancock, Deputy Commissioner, Consumer Finance, Bureau of Financial Institutions, Virginia State Corporation Commission, Defendants, Mark L. Earley, Attorney General of Virg...
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DECISION AND ORDER Plaintiff, the United States of America (“Government”), filed this action on or about December 10, 1997 to recover a $1,526,100.60 interest payment it erroneously made to defendant, Domino Sugar Corporation (“Domino”), 1 on or about September 24, 1993. Domino seeks to dismiss the complaint, pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ.P”) 12(b)(6), asserting ...
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33 F. Supp. 2d 965 (1999) Mary L. CLAIR a/k/a Mary L. Latos, D.O., Plaintiff, v. EMRICK'S VAN AND STORAGE COMPANY and Central States Thermo King of Oklahoma, Inc., and Robert Flinn Moving and Storage Company, and Travelers Insurance Company, Defendants. Mary L. Clair, a/k/a Mary L. Latos, D.O., Plaintiff, v. Allied Van Lines, Inc., Defendant. Nos. CIV-97-1461-W, CIV-97-1465-W. United States Distr...
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OPINION Petitioner seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the grounds that his confession was obtained in an unconstitutional manner. Petitioner asserts that he was not given the warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), prior to being subjected to a custodial interrogation. Petitioner further claims ...
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OPINION Defendant Wheat First Securities, Inc. (“Wheat First”) has moved pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the complaint filed by plaintiffs Philip Friedman (“Friedman”) and Carl DeFreitas (“DeFreitas”) or alternatively, stay the action pending the completion of arbitration proceedings. For the reasons hereinafter stated, Wheat First’s motion to dismiss the c...
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MEMORANDUM OPINION Petitioner, Geraldo Soto, seeks a writ of habeas corpus, alleging that closure of the courtroom during certain pre-trial and trial proceedings in the state court violated his Sixth and Fourteenth Amendment right to a public trial. Facts The facts of the case are undisputed. Petitioner was arrested on August 27, 1993, near 10th Avenue and 48th Street during a “buy and bu...
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OPINION Plaintiff Christopher G. Weber claims that his former bandmates, after joining the music group “Guns N’ Roses,” wrongly excluded him from the proceeds of two musical compositions he had co-written with them years earlier. Plaintiff presses a federal Lanham Act cause of action and state law causes of action for an accounting of profits, unjust enrichment, and unfair competition...
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51 F.Supp.2d 1354 (1999) Daniel WEBSTER, et al., Plaintiffs, v. FULTON COUNTY, GEORGIA, et al., Defendants. No. CIV. A. 196-CV-2399-TWT. United States District Court, N.D. Georgia, Atlanta Division. June 11, 1999. *1355 *1356 Richmond Mason Barge, Parks Chesin & Miller, Patrick W. McKee, McKee & Barge, Atlanta, for Daniel Webster, Peggy Webster, Webster Green Thumb Company, and others sim...
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57 F. Supp. 2d 228 (1999) William CAPACCHIONE, Individually and on Behalf of Cristina Capacchione, a Minor, Plaintiff, and Michael P. Grant et al., Plaintiff-Intervenors, v. CHARLOTTE-MECKLENBURG SCHOOLS et al., Defendants. James E. Swann et al., Plaintiffs, v. Charlotte-Mecklenburg Board of Education et al., Defendants. Nos. 3:97-CV-482-P, 3:65-CV-1974-P. United States District Court, W.D. North...
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MEMORANDUM AND ORDER Presently before the Court is Plaintiffs motion for Leave to File an Untimely Demand for a Trial De Novo and the Defendant’s opposition thereto. For the reasons to follow, the Court denies the Plaintiffs motion. I. BACKGROUND This matter arises out of a motor vehicle accident that occurred on October 8, 1996. The matter was removed by the Defendant. The Board of Arbitrators...
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MEMORANDUM OPINION The extraordinary question now presented in this ease is the extent, if any, to which legal protections against the disclosure of attorney work product and material prepared in anticipation of litigation shield documents and other evidence furnished by defendant, a former employee of plaintiff, to an adversary of plaintiff in alleged violation of her duties to her former employ...
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MEMORANDUM OPINION AND ORDER DENYING DEFENDANT’S MOTION TO SUPPRESS EVIDENCE Presently before the Court is a motion to suppress evidence filed by defendant Adrin Randle on June 8, 1999. Defendant is charged in a one-count indictment with possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1). The government responded to the instant motion on June 23, 1999. No rep...
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The above are seven related securities class actions filed against Cylink Corporation and certain of its officers and directors. The plaintiffs in each of these actions allege violations of the Securities Exchange Act of 1934 and SEC Rule 10b-5, 15 U.S.C. § 78j(b), 17 CFR § 240.10b-5. The purported class consists of purchasers of Cylink common stock during various class periods. Some of the named ...
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MEMORANDUM AND ORDER TABLE OF CONTENTS I. INTRODUCTION 223 *223 II. FACTS...................................................................223 A. Plaintiffs’ Original Claims................................................223 B. Procedural Background .................................................224 C. Amendments To Plaintiffs’ Original Complaints....
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MEMORANDUM DECISION In this case of first impression, plaintiff, the manufacturer of a national brand nicotine gum, seeks to enjoin defendants from marketing a competing generic version of the nicotine gum with “labeling” — an instructional booklet and audio tape — that is “strikingly or substantially similar” to plaintiffs “labeling.” Defendants’ principal defense to the claim of cop...
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65 F. Supp. 2d 682 (1999) Mary Elizabeth MOONEY, Plaintiff, v. The CLEVELAND CLINIC FOUNDATION, et al., Defendants. No. 1:98CV1850. United States District Court, N.D. Ohio, Eastern Division. August 27, 1999. *683 Mary Elizabeth Mooney, Cincinnati, OH, plaintiff pro se. Marc W. Groedel, Reminger & Reminger, Cleveland, OH, John D. Papageorge, Kevin Charles Murray, Locke, Reynolds, Boyd & Wi...
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ORDER ADOPTING REPORT AND RECOMMENDATION ON DEFENDANT’S MOTION TO DISMISS INDICTMENT This matter is before the Court upon the Government’s objections to the Report and Recommendation of Chief United States Magistrate Judge Franklin L. Noel filed June 25, 1999. The Magistrate Judge recommends that defendant Plummer Excavating, Inc.’s motion to dismiss Count I of the indictment be granted, ...
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OPINION Appellant B.N. Realty Associates (“B.N.”) has appealed from an order of the Bankruptcy Court denying B.N.’s motion to lift the automatic stay. For the reasons set forth below, the order is vacated and remanded for proceedings consistent with this opinion. Prior Proceedings B.N. is the landlord of the Debtor-appel-lee, Benjamin Lichtenstein (“Lichtenstein”). Licht...
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MEMORANDUM OPINION AND ORDER Pending are the parties’ cross motions for summary judgment. The Court GRANTS the Plaintiffs motion and DENIES the Defendant’s motion. I. FACTUAL BACKGROUND On January 27, 1999 Defendant Todd Shumate was driving a 1990 Nissan truck in Morgantown, West Virginia. Shumate’s vehicle was struck by a 1985 Pontiac Fire-bird driven by Leroy D. Overton. A...
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MEMORANDUM OPINION AND ORDER Plaintiff Frederick Overton is currently in the custody of the Territorial Correction Facility, Canon City, Colorado. He initiated this action by submitting to the court pro se a civil rights complaint for money damages pursuant to 42 U.S.C. § 1983. Mr. Overton, an HIV patient, submits, from October 21,1998 through October 26, 1998, while being held at the Mesa Co...
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64 F. Supp. 2d 652 (1999) James CLARK and Bonnie E. Clark, Plaintiffs, v. DANEK MEDICAL, INC., Defendant. No. Civ.A. 3:94CV-634-H. United States District Court, W.D. Kentucky, at Louisville. September 10, 1999. *653 Thomas J. Kliebert, Jr., Kliebert & Heltz, Gramercy, LA, for plaintiffs. W. Kennedy Simpson, Carol Dan Browning, Stites & Harbison, Louisville, KY, Philip H. Lebowitz, Michell...
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64 F. Supp. 2d 638 (1999) Gerald HALL, Plaintiff, v. ENVIRONMENTAL CHEMICAL CORP., Defendant. No. Civ.A. G-99-262. United States District Court, S.D. Texas, Galveston Division. September 13, 1999. *639 Richard Joseph Plezia, Abraham Watkins Nichols and Friend, Houston, TX, for Gerald Hall, plaintiff. Thomas C. Fitzhugh, III, Fitzhugh and Elliott, Houston, TX, John C. Elliott, Fitzhugh & Ellio...
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OPINION This matter is before the court on Debt- or Douglas C. Plumlee’s appeal, pursuant to 28 U.S.C. § 158(a), from two orders of the United States Bankruptcy Court for the Eastern District of Virginia. On February 18, 1998, the bankruptcy court reopened Plumlee’s case, which was closed on September 15, 1992, to determine whether proceeds that he received from the settlement of a la...
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ORDER Plaintiff Interstate General Government Controls, Inc. (“IGGC”) filed this action in the Superior Court of Dougherty County, Georgia, to recover compensatory and punitive damages against Defendant Johnson Controls, Inc., (“Johnson Controls”) for alleged breach of contract, tortious interference with business relations, and fraud in connection with a federal government contract IGGC negotia...
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ORDER DENYING COUNTERDEFEN-DANTS’ SPECIAL MOTION TO STRIKE; DENYING AS MOOT COUNTERDEFENDANTS’ MOTION TO STRIKE THE DECLARATION OF PATRICK FEVERY; AND DENYING COUNTERCLAIM-ANTS’ REQUEST FOR ATTORNEYS’ FEES On June 14, 1999, the Court heard Globetrotter’s special motion to strike the counterclaims of Elan and Rainbow, 1 Globetrotter’s related motion to strike the declaration of ...
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*1290 ORDER MODIFYING THE REPORT . AND RECOMMENDATION OF THE MAGISTRATE JUDGE After due and proper consideration of all portions of this file deemed relevant to the issues with no objections raised, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B), and dated May 27, 1999 (doc. 17), is hereby ADOPTED as MODIFIED as follows: 1) At page 2, ¶ 1, line 3, ...
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64 F.Supp.2d 1097 (1999) ADIDAS AMERICA, INC., Plaintiff, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Defendant. No. Civ.A. 98-2510-GTV. United States District Court, D. Kansas. August 26, 1999. *1098 *1099 Lori R. Schultz, W. Dennis Cross, Morrison & Hecker L.L.P., Kansas City, MO, A. Bradley Bodamer, Morrison & Hecker L.L.P., Overland Park, KS, David T. Alexander, Jesse W. Markham, Jr....
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70 F.Supp.2d 666 (1999) Glenn HOLLAND, Jr. and Steve Cox v. John Alvin NORTON, the Illinois Central Railroad and State of Louisiana. No. CIV. A. 98-2292. United States District Court, E.D. Louisiana. September 10, 1999. *667 Steven John Koehler, Leefe, Gibbs & Koehler, Metairie, LA, Rhett M. Powers, Forstall, Musa & Powers, New Orleans, LA, for Plaintiffs. Douglas K. Williams, Donna Braml...
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OPINION AND ORDER These related cases challenge the constitutionality of legislation, 1995 N.Y.Laws Ch. 145 (“Legislation”), enacted in June 1995 providing for comprehensive intervention in the Roosevelt Union Free School District, located within the town of Hempstead in Nassau County, New York, and the subsequent removal of plaintiffs Seretta McKnight (“McKnight”) and Betty Baldwin (“Bal...
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MEMORANDUM OF DECISION In this constitutional tort case, plaintiff Matthew A. Welch d/b/a Jakmaw Associates (“Welch”) alleges that defendants Town of Easton and various Town officials violated his rights to petition for redress of grievances, to free speech, and to procedural and substantive due process. Plaintiff is a developer; defendants Jeffrey Tufts, Patricia Hunt, William Hardin...
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64 F. Supp. 2d 980 (1999) John L. ELLIS, Plaintiff, v. EGGHEAD SOFTWARE SHORT-TERM AND LONG-TERM DISABILITY PLANS, Defendants. No. CS-98-0363-JLQ. United States District Court, E.D. Washington. July 16, 1999. *981 Kenneth Isserlis, Lee, Michaud & Isserlis, P.S., Spokane, WA, for plaintiff. Thomas W. McLane, Brian Ernst, Paine Hamblen Coffin Brooke & Miller, LLP, Spokane, WA, for defendant...
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MEMORANDUM AND ORDER Plaintiff Sheplers, Inc. brings this diversity action against defendant Kabuto International (Nevada) Corporation, seeking a declaratory judgment and an accounting under a lease between the parties. The lease dispute revolves around a lease provision which allows defendant, the landlord, to charge tenants for their proportionate share of the common area maintenanc...
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65 F. Supp. 2d 610 (1999) HOWTING-ROBINSON ASSOCIATES, INC., a Michigan Corporation, Plaintiff, v. BRYAN CUSTOM PLASTICS, a division of United Screw and Bolt Corporation, an Ohio corporation, and Plastech Engineered Products, Inc., a Michigan corporation, jointly and severally, Defendants. No. Civ.A. 97-74470. United States District Court, E.D. Michigan, Southern Division. September 9, 1999. *611...
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MEMORANDUM and ORDER Plaintiff Avi Abramowitz brings this employment discrimination'action against defendants Inta-Boro Acres, Inc. (“Inta-Boro”), and Inta-Boro’s President, Jacob Mizrahi, claiming that Mizrahi illegally fired him because of his age. Plaintiff alleges violations of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq.; the New York Human Rights Law (“NYSH...
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OPINION In this lawsuit, the plaintiff (a national union) is petitioning the court to compel the defendants (two railroads) to arbitrate a dispute over certain labor-protective provisions in a collective bargaining agreement. The plaintiff is the International Association of Machinists and Aerospace Workers, AFL-CIO (commonly referred to as the IAM); the defendants are Meridian ...
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ORDER The above-styled action is before the court on 1) defendant’s motion for summary judgment [# 27]; 2) plaintiffs motion to extend time to respond to defendant’s motion for summary judgment [# 33]; 3) plaintiffs motion for leave to file supplemental brief [#45]; 4) defendant’s motion to stay discovery [# 29]; 5) defendant’s motion for protective order [# 48]; 6) defendant’s motion...
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MEMORANDUM AND ORDER Plaintiff, James Edge (“Plaintiff’ or “Edge”) commenced this action pursuant to the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (the “FCRA”), the Social Security Act, 42 U.S.C. § 408 and the Consumer Computer Fraud and Abuse Act, 18 U.S.C. § 1030. Named as defendant is Professional Claims Bureau, Inc. (“Professional”), a company engaged in the business of debt col...
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MEMORANDUM AND ORDER Plaintiff, Christine Dimino (“Dimino”) brings a twelve count complaint against defendants, Staten Island Railway/Staten Island Rapid Transit Operating Authority (“SIRTOA”), New York City Transit Authority (“TA”), and John Long individually and in his capacity as General Superintendent of the SIRTOA police department, alleging various charges of discrimination and ...
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MEMORANDUM AND ORDER Following a jury trial in New York Supreme Court, County of Queens, petitioner was convicted of a number of crimes arising out of the fatal shooting of one man and the wounding of two others on the boardwalk at Rockaway Beach in Queens. This petition involves only the two most serious crimes of which petitioner was convicted — murder in the second degree, so-calle...
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MEMORANDUM AND ORDER Before the Court is Defendant, Frank De-fazio’s, Motion to Compel Plaintiff, Joan McKitis, to submit to physical and mental examinations pursuant to Fed.R.Civ.P. 35. (Paper No. 23). Plaintiff has filed an opposition and defendant a reply. (Paper Nos. 24 *227and 25).1 For the reasons discussed below, defendant’s motion is granted. Plaintiff does not dispute that her physical...
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ORDER This matter is before the Court on Plaintiffs application for attorneys’ fees and costs [Record No. 98]. *479I. FACTS On May 6, 1999, this Court entered an Order referring this matter to Magistrate Judge James B. Todd to conduct a settlement conference “with all parties fully authorized to settle present with counsel on May 17, 1999 at 9:00 a.m.” Also on May 6th, Magistrate Judge Todd ent...
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64 F.Supp.2d 945 (1999) CALIFORNIA TEACHERS ASSOCIATION, et al., Plaintiffs, v. Gray DAVIS, et al., Defendants. No. CV 98-9694 ER(CWX). United States District Court, C.D. California. September 8, 1999. *946 *947 Beverly Tucker, Priscilla S Winslow, Diane Ross, California Teachers Association, Burlingame, CA, Glenn Rothner, Julia Harumi Mass, Rothner Segall & Greenstone, Pasadena, CA, Elliot M...
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ORDER DENYING UNITED STATES’ MOTION FOR SUMMARY JUDGMENT AND SETTING EVIDEN-TIARY HEARING I. Introduction This case began when Plaintiff filed his complaint in interpleader in Los Angeles Superior Court on June 26, 1997. The United States removed the action to this Court. The complaint seeks a declaration of the rights of the various claimants to the interpled funds, which stem from the May 1...
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*360 MEMORANDUM-DECISION and ORDER Currently before the court are defendant Anthony J. Zaia’s (“Zaia”) motion for summary judgment, which plaintiffs oppose, and their cross-motion to strike Zaia’s supporting declaration. For the reasons that follow, the court grants Zaia’s motion for summary judgment and denies plaintiffs’ cross-motion. BACKGROUND Originally, plaintiffs filed this persona...
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44 F.Supp.2d 743 (1999) UNITED STATES of America, Plaintiff, v. Donte HAMMOND, Defendant. No. CR. AMD-99-073. United States District Court, D. Maryland. March 25, 1999. MEMORANDUM AND ORDER BREDAR, United States Magistrate Judge. This matter is before the Court on the government's motion to detain the defendant without bail pending trial, pursuant to 18 U.S.C. § 3142. Pursuant to a grand jury in...
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MEMORANDUM AND ORDER ON ASSESSMENT OF ATTORNEYS’ FEES AND COSTS INTRODUCTION After some success in a jury trial in a contentious civil rights action against the City of Somerville, Massachusetts (the “City”), and eight of its police officers, plaintiffs petition for an assessment of attorneys’ fees and costs under 42 U.S.C. § 1988 (Docket No. 208). Pursuant to a post-trial se...
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MEMORANDUM OPINION Plaintiff, Vencor, Inc. (“Vencor”) operates long-term, intensive care hospitals, including one in Louisville, Kentucky and one in Chattanooga, Tennessee. Defendant, Standard Life and Accident Insurance Company (“Standard Life”) issued Medicare supplement insurance policies for two insureds, Mac Weaks and Mildred Hollow, who received health care services at the Vencor ho...
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OPINION Plaintiff, Foundation for Interior Design Education Research (“FIDER”), has sued Defendant, Savannah College of Art and Design (“Savannah College”), pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, for a declaratory judgment that FIDER’s decision to deny accreditation to Savannah College was - in accordance with FIDER’s own procedures, supported by substan...
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64 F. Supp. 2d 519 (1999) Larry F. MURPHY, Plaintiff, v. Richard DANZIG, Secretary of the Navy, Defendant. No. 4:98-CV-152-H(3). United States District Court, E.D. North Carolina, Eastern Division. August 25, 1999. *520 Ruchadina L. Waddell, Wilmington, NC, for Larry F. Murphy, plaintiff. Jerri U. Dunston, Asst. U.S. Attorney, U.S. Attorney's Office, Raleigh, NC, for *521 John H. Dalton, Secretar...
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OPINION & ORDER Defendants in the above captioned cases are charged with delivery or conspiracy to deliver adulterated milk in violation of the Federal Food, Drug and Cosmetic Act (“FFDCA”). 1 18 U.S.C. § 871, 21 U.S.C. §§ 331(a) and 333(a)(2). Federal jurisdiction is premised upon interstate commerce as defined in 21 U.S.C. § 321(b). Specifically, defendants are charged wi...
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84 F. Supp. 2d 1217 (1999) John S. WILLIAMSON and Nancy Williamson, Plaintiffs, v. UNITED STATES of America, Defendant. No. Civ. 96-1082-M. United States District Court, D. New Mexico. August 19, 1999. *1218 John S. Williamson, Tijeras, NM, pro se. Nancy L. Williamson, Tijeras, NM, pro se. John J. Kelly, U.S. Attorney's Office, Albuquerque, NM, Mary C. Vance, Joseph A. Pitzinger, III, Dept. of Ju...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW I Water is the life-blood of Wyoming and Nebraska, arid Western states. Consequently, they, like the rest of the West, were transformed by the Bureau of Reclamation’s epic water storage projects. The question raised in this ease is whether the irrigation districts of the Bureau’s North Platte River Project have priority to the use of water ...
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ORDER This matter is before the court on the cross-motions for summary judgment filed by the Plaintiffs and the Defendants in this matter. The Plaintiffs have responded to the Defendants’s motion for summary judgment. The Defendants did not respond to the Plaintiffs’ motion. Both motions are ripe for disposition. /. The Plaintiffs, Trustees of the Retail, Wholesale and Depar...
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*532 MEMORANDUM AND ORDER The parties cross-appeal from two decisions of the United States Bankruptcy Court for the District of Massachusetts. The first decision, issued January 21, 1997, granted in part and denied in part a motion by creditor Citizens Bank of Massachusetts (“Citizens”) for the allowance of *533 fees and expenses against debtors Bahig F. Bishay a...
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64 F.Supp.2d 986 (1999) John L. ELLIS, Plaintiff, v. EGGHEAD SOFTWARE SHORT-TERM AND LONG-TERM DISABILITY PLANS, Defendants. No. CS-98-0363-JLQ. United States District Court, E.D. Washington. September 8, 1999. *987 *988 Kenneth Isserlis, Lee, Michaud & Isserlis, P.S., Spokane, WA, for plaintiff. Thomas W. McLane, Brian Ernst, Paine Hamblen Coffin Brooke & Miller, LLP, Spokane, WA, for de...
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MEMORANDUM OPINION Before the Court are the parties’ cross-motions for summary judgment (Doc. Nos. 37 and 38). For the reasons stated below, the Court finds that defendant’s motion for summary judgment (Doc. No. 38) should be denied and that plaintiffs motion for summary judgment (Doc. No. 37) should be granted in part and denied in part. I. BACKGROUND Plaintiff National Sat...
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OPINION and ORDER OF COURT Pending before the Court is the Fed. R.Civ.P. 12(b)(6) Motion to Dismiss of Defendants CBS, Inc. and Westinghouse Pension Plan (“Defendants”) as to the Complaint filed against them by Plaintiff Harry Bellas (“Bellas” or “Plaintiff’). Plaintiffs Complaint alleges a violation of ERISA § 204(g), 29 U.S.C. § 1054(g) against both Defendants and a breach of fiduci...
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OPINION and ORDER OF COURT Pending before the Court is the Motion for Partial Summary Judgment of Plaintiff Harry Bellas (“Bellas” or “Plaintiff’). Plaintiffs Complaint alleges a violation of ERISA § 204(g), 29 U.S.C. § 1054(g) both by Defendants CBS, Inc. (“CBS”) and the Westinghouse Pension Plan (“the Plan”) (collectively “Defendants”) and an ERISA breach of fiduciary dut...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendant’s Motion to Dismiss, or, in the Alternative, for Summary Judgment, filed on April 16, 1999 (Doc. 30). The Court, having considered the Motion, the memo-randa submitted by the parties and the applicable law, finds that the Motion is not well-taken and it will be denied. Plaintiff Emmett Betsuie...
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ORDER Currently pending before the Court are Defendants United States Deputy Marshal John Gainer’s (“Deputy Gainer”) and United States Deputy Marshal Brian McGill’s (“Deputy McGill”) Motions to Dismiss or Alternatively for Summary Judgment which were filed separately and based upon separate grounds. Plaintiff, Ronald Preast filed a Response to Defendant McGill’s Motion to Dismiss. How...
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68 F. Supp. 2d 585 (1999) Walter FEDDERSEN, Plaintiff/Appellant, v. Frauke FEDDERSEN, Defendant/Appellee. Civ.App.No. 1995/185. District Court, Virgin Islands, Appellate Division, D. St. Thomas and St. John. September 10, 1999. *586 *587 Henry L. Feuerzeig, Simone R.D. Francis, St. Thomas, U.S.V.I., for appellant. Carl J. Hartman III, Paul J. Ruskin,[1] Kevin A. Rames, St. Croix, U.S.V.I., for ap...
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*914 MEMORANDUM OPINION AND ORDER Anyone who has followed the extended succession of rulings and opinions in this patent infringement case 1 — either of necessity or, though this is hard to imagine, as a matter of choice — has had to be aware of this Court’s discomfort with some of the conclusions to which it has been driven. There is something intuitively troublin...
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64 F.Supp.2d 633 (1999) UNITED STATES POSTAL SERVICE, Plaintiff, v. NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO, Defendant. Civil Action No. H-99-965. United States District Court, S.D. Texas, Houston Division. September 10, 1999. Keith Wyatt, Office of U.S. Atty., Houston, TX, for Plaintiff. Bruce Fickman, Houston, TX, for Defendant. Opinion on Summary Judgment HUGHES, District Judge. It i...
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64 F. Supp. 2d 635 (1999) UNITED STATES of America, Plaintiff, v. Robert R. DURBIN, Defendant. Civil Action No. H-98-632. United States District Court, S.D. Texas, Houston Division. September 13, 1999. *636 M.H. Cersonsky, Houston, TX, for Plaintiff. Judith Rose Purcell, Houston, TX, for Defendant. Opinion on Summary Judgment HUGHES, District Judge. 1. Introduction. The government has sued for...
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ORDER DISMISSING APPEAL AS MOOT This is an appeal from a declaratory judgment entered by the Bankruptcy court in and adversary proceeding commenced by the Debtor, Earthmovers, Inc. See In re Earthmovers, Inc., 199 B.R. 62 (M.D.Fla.Bankr.1996). I have concluded that the subject matter of the appeal is moot, and that the judgment appealed from should simply be vacated and the appeal dismissed as m...
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OPINION Plaintiff Ellis L. Slaughter (“Slaughter”) has moved for an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, granting him partial summary judgment against defendant American Building Maintenance Co. of New York (“ABM”), and dismissing ABM’s affirmative defense of collateral estoppel. For the reasons set forth below, the motion is granted in part, and denied ...
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*145 MEMORANDUM AND ORDER This matter comes before the Court on Plaintiffs’ Motion [448] to Compel Further Testimony from J. Lowe Davis and for Attorneys’ Fees and Costs and Non-Party Davis’s Request for Attorneys’ Fees and Costs. Upon consideration of both motions, non-party Davis’s opposition to plaintiffs’ motion, plaintiffs’ reply thereto, and plaintiffs’ opposition to non-party Davis’s mot...
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ORDER Plaintiff Mary Robb brings this action against her former employer, Defendant Horizon Credit Union (“Credit Union”), based on the Credit Union’s decision to fire her in March of 1996. Specifically, she alleges that the Credit Union violated the Americans With Disabilities Act (“ADA”), and the Age Discrimination in Employment Act (“ADEA”). In addition, Plaintiff alleges a third c...
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ORDER This case is before the court for ruling on Defendant’s Motion to Set Aside Judgment (# 8). Defendant’s Motion is DENIED. FACTS 'On March 6, 1998, Plaintiff, Alexis M. Herman, filed a Complaint (# 1) against Defendant, Ronald L. Miller, an individual, doing business as Ron Miller Construction. The Complaint was an action to enjoin Defendant from violating the provisions of the Fair La...
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OPINION AND ORDER The Bank of New York and JCPL Leasing Corp. (“Appellants”) appeal from the judgment of the bankruptcy court granting partial summary judgment and requiring Bank of New York (“BNY”) to turnover certain funds to Appellees, the foreign liquidators of Meridien International Bank Limited (“MIBL”). Appellants contend that the turnover order (i) is an abuse of discretion un...
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81 F. Supp. 2d 978 (1999) ADVANCED CARDIOVASCULAR SYSTEMS, INC., Plaintiff, v. MEDTRONIC, INC., Defendant. Nos. C-95-3577 DLJ, C-96-0942 DLJ. United States District Court, N.D. California. August 25, 1999. *979 *980 *981 Richard H. Abramson, Heller Ehrman White & McAuliffe, Palo Alto, CA, Timothy J. Malloy, Gregory J. Vogler, Edward A. Mas, II, David D. Headrick, Eligio C. Pimentel, Stephen H...
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OPINION & ORDER Plaintiff Weishao “Sherry” Meng (“plaintiff’ or “Meng”) brings this action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. (“Title VII”) alleging wrongful termination based on her race/national origin (Chinese) and quid pro quo and hostile work environment sexual harassment. Plaintiff also alleges claims under the New ...
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MEMORANDUM OPINION AND ORDER This case is before the Court upon the Motion of Defendants Trumbull County Sheriffs Department, Norman Olson, and Trumbull County 911 for summary judgment (Dkt.# 14) on Counts One and Three of Plaintiffs Complaint (Dkt.# 1). Plaintiff, Linda Stevens (“Stevens”), in Count One of her Complaint alleges that Defendants violated her Constitutional rights unde...
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ORDER THIS CAUSE is before the Court on Plaintiffs Motion for Class Certification (Dkt. 13), and the parties’ supplemental memoranda regarding certification (Dkts. 63, 64).1 The Court, having reviewed said motion, the record, and otherwise being fully advised, finds as follows: I. BACKGROUND In August, 1996, Plaintiff Greg Swanson received a notice on the letterhead of “CCB Services,” stating t...
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79 F. Supp. 2d 660 (1999) STRETCH-O-RAMA, INC., Plaintiff, v. Herbert C. HART, Carolyn A. Hart, The B.M. Trust, and the Internal Revenue Service, Defendants. No. 4:97CV394. United States District Court, E.D. Texas, Sherman Division. August 24, 1999. David Anthony Scott, Richard Euclid Aubin, Jackson Lewis Schnitzler & Krupman, Dallas, TX, for Plaintiff. Herbert C. Hart, Plano, TX, pro se. Car...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW On April 29,1997, Plaintiff, William Nassau a/k/a Sidecar Willy, commenced an action in this Court for trademark infringement, unfair competition, defamation, right of publicity, and unfair and deceptive trade practices. In his amended complaint, Plaintiff seeks injunctive relief and damages against Unimotorcyclists Society of America, Inc., David T...
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*145 ORDER On January 25, 1999, plaintiff J. Edward Robinson (“Robinson”) moved, pursuant to Rule 37, Fed.R.Civ.P., for an order compelling both defendant Time Warner, Inc. (“Time Warner”) and Lawrence Levien, Esq. (“Levien”) to make various disclosures, and awarding Robinson attorneys’ fees and costs in connection with the motion. On March 5, 1999, defendant Time Warner brought a reciprocal cr...
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ORDER. The Court has before it the two above-captioned cases stemming from the demolition on January 24, 1998, by the City of New York of a five story building .located at 172 Stanton Street on the lower east side of Manhattan (“172 Stanton”). In Friedlander, et al. v. Richard Roberts, et al. (98 Civ. 1684) (“Friedlander ”), plaintiffs, the former tenants and occupants of 172 Stanton, s...
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Opinion on Cargo Claims 1. Introduction. Shippers contracted for the carriage of goods by ship from Houston to Esmeral-das and Guayaquil, Ecuador. While the stevedore was loading the vessel, it capsized. The ship now seeks to limit its liability to the shippers. 2. Federal Law. Federal law applies to every contract for carriage of goods by sea to or from por...
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MEMORANDUM AND ORDER Pending before the court is Defendants The Kroger Co. (“Kroger”) and Charles Hembree’s (“Hembree”) Motion for Summary Judgment (# 18). Kroger and Hem-bree seek summary judgment on Plaintiff Elaine Martin’s (“Martin”) claims of racial and sexual discrimination and retaliation under the Texas Commission on Human Rights Act (“TCHRA”) as well as tortious interference with...
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MEMORANDUM AND ORDER Plaintiff, an asbestos distributor, was sued in extensive litigations for injuries its product allegedly caused; it has paid substantial sums in settlements and after trials. It now claims that some or all of the damages it paid for in these lawsuits were caused by the defendant tobacco entities. It brings this suit on the theory, among others, that it would have ...
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ORDER I. BACKGROUND The United States of America appeals an order from the United States Bankruptcy Court for the Middle District of Florida confirming the debtors’ plan under Chapter 13 of the Bankruptcy Code.1 The United States asserts that the bankruptcy judge erred in confirming the debtors’ plan because the plan is not feasible and because it was “filed in bad faith and solely to frustrate th...
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50 F. Supp. 2d 1288 (1999) TIME WARNER ENTERTAINMENT/ADVANCE-NEWHOUSE PARTNERSHIP d/b/a Time Warner Cable, Plaintiff, v. WORLDWIDE ELECTRONICS, L.C. d/b/a Worldwide Electronics, Nationwide Electronics, Inc. d/b/a Nationwide Electronics, Alan Marks, Lewis Schneiderman, Susan Marks a/k/a Susan Mann, Audrey Schneiderman, John Does 1-10, Jane Does 3-10, Unidentified Corporations 1-10 and Unidentified...
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MEMORANDUM OPINION In this FOIA case, the question presented on cross-motions for summary judgment is whether the public interest in disclosure of documents pertaining to an Air Force investigation of allegations of prose-cutorial misconduct against a single individual is outweighed by the privacy interests of the prosecutor who was the subject of the investigation. I. On May 30, 1995, an F...
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MEMORANDUM OPINION This is a prosecution for kidnapping resulting in death, 1 interstate stalking resulting in death, 2 and two counts of causing death of a person through the use of a firearm in a crime of violence. 3 At issue on a pretrial motion in limine is the admissibility of certain evidence of “other crimes, wrongs, or acts” pursuant to Rule 404(b)...
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MEMORANDUM OPINION AND ORDER This matter is before the Court upon the Motion of the Defendant, Michael G. Vis-nich (“Visnich”), to dismiss Count One of the Superseding Indictment (Dkt.# 20). Defendant was charged in Count One of the Superseding Indictment with knowingly possessing firearms and ammunition in and affecting interstate commerce while subject to a domestic relations restraining or...
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MEMORANDUM OPINION AND ORDER Until January 1996, Plaintiffs Pamela and Michael Alper were the owners of Terrific Promotions, Inc. (TPI), a discount merchandising business. In 1996, the Al-pers transferred their interest in TPI to Dollar Tree Stores (DTS) for fifty-three million dollars. The Chicago law firm of Altheimer & Gray and two Altheimer attorneys, Robert Schlossberg and Myron ...
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MEMORANDUM OPINION This matter comes before the Court after remand by the Court of Appeals “for further consideration of less onerous sanctions” for the defendant District of Columbia’s and its counsel’s misconduct during this litigation. Upon consideration of the Court of Appeals’ decision, defendant’s Motion To Govern Further Proceedings on Liability, plaintiffs opposition, defendant’s reply,...
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MEMORANDUM OPINION AND ORDER On September 5, 1997, after pro se 28 U.S.C. § 2254 1 petitioner Terry Everett (“Everett”) had paid the $5 filing fee, this Court issued the attached memorandum opinion and order (“Opinion”) denying Everett’s Petition, “but mthout prejudice to Everett’s possible renewal of his efforts to obtain federal habeas relief when the quoted precondition has been satisf...
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MEMORANDUM OPINION AND ORDER Before the court is Defendants’ Objection to Bill of Costs Submitted by Plaintiff (“Objections”), filed on May 25, 1999. Plaintiff filed a Response on June 3, 1999. After careful consideration of the arguments of counsel, the relevant law, and the record as a whole, the court finds that Defendants’ Objections are due to be sustained and said Bill of Costs ...
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64 F. Supp. 2d 483 (1999) ENFIELD EQUIPMENT CO. INC., et al. v. JOHN DEERE COMPANY. No. CIV. L-99-406. United States District Court, D. Maryland. August 12, 1999. *484 David F. Albright, Jr., of Baltimore, MD, for plaintiff. Shari Lynn Fleischman, of Washington, D.C., for defendant. MEMORANDUM LEGG, District Judge. Before the Court is a motion to dismiss part of count one and counts two, three, ...
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MEMORANDUM OPINION AND ORDER Before the court is Plaintiff Briggs’ Renewed Motion For Class Certification With Regard To Plaintiffs RESPA Claim Against Defendant Countrywide (“Plaintiffs Renewed Motion”), filed on January 22, 1999 together with Plaintiffs Memorandum Of Law In Support thereof (“Plaintiffs Memorandum”). Defendant Countrywide Funding Corporation (“Countrywide”) filed an Opposition...
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MEMORANDUM OPINION AND ORDER Before the court is Plaintiffs Motion for Summary Judgment (“Mot.”), along with its Memorandum Brief In Support Of Motion For Summary Judgment (“Pl.’s Br.”), filed May 26, 1999. On June 15, 1999, Defendants Auto Parts Unlimited, Inc., Grady Jackson Smith, Jr., and Janet Michele Smith 1 jointly filed their Response In Opposition To Plaintiffs Mot...
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MEMORANDUM Pending before the Court is the defendants’ Motion for Summary Judgment. The issues have been fully briefed, and the Court finds that a hearing is not necessary. See Local Rule 105.6 (D.Md.1997). For the reasons set forth in this Memorandum, the defendants’ Motion for Summary Judgment shall be, by separate Order, GRANTED. Background The plaintiff, Emman...
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MEMORANDUM AND ORDER This matter comes before the Court on Plaintiffs’ Motion [374] to Compel Re-Designation of Witness on Surveillance Systems Under Fed.R.Civ.P. 30(b)(6) and for Attorneys’ Fees and Costs. Upon consideration of plaintiffs’ motion, defendant Executive Office of the President’s opposition, and plaintiffs’ reply thereto, the Court will DENY plaintiffs’ motion without prejudice, a...
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*1267 MEMORANDUM OPINION and ORDER This matter is before the Court on Petition for Injunction filed by the Regional Director of the National Labor Relations Board (“Board”) pursuant to section 10(j) of the National Labor Relations Act, 29 U.S.C. § 160(j) (Doc. 1). In determining whether a 10(j) injunction should issue, the Court of Appeals for the Eleventh Circuit has determi...
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MEMORANDUM OPINION AND ORDER Before the court is Defendant Sheriff D.T. Marshall’s (“Defendant Sheriff’) Motion For Summary Judgment (“Motion”), filed on June 3, 1999. 1 On June 22, 1999, Plaintiff filed a Submission Opposing Summary Judgment, which the court construes as a response to Defendant Sheriffs Motion (“Response”). On June 29, 1999, Defendant Sheriff filed a Reply...
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64 F.Supp.2d 1156 (1999) Ray D. RAWLINGS, et al., Plaintiffs, v. DOVENMUEHLE MORTGAGE, INC., et al., Defendants. No. Civ.A. 97-D-1581-N. United States District Court, M.D. Alabama, Northern Division. June 23, 1999. *1157 *1158 C. Knox McLaney, III, Montgomery, AL, Angela L. Kimbrough, Tuscaloosa, AL, for plaintiffs. Daryl L. Masters, Montgomery, AL, Gregory D. Crooslin, Michael B. O'Connor, Montg...
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MEMORANDUM OPINION AND ORDER Before the court is Defendant Admini-tron, Inc.’s (“Adminitron”) Motion To Strike, which the court construes as a Motion to Dismiss (“Motion”), filed on April 14, 1999. Plaintiff filed a Memorandum In Opposition To Defendant’s Motion To Strike, which the court construes as a Re *1212 sponse (“Response”), on May 5, 1999. On May 12, 1999, Admini...
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MEMORANDUM Petitioner, Joseph Crum, a federal prisoner acting pro se, 1 has filed a motion under 28 U.S.C. § 2255 to vacate his sentence. For the reasons set forth below, the Court shall, by separate Order, DENY Mr. Crum’s motion. Background Joseph Crum was arrested on August 24, 1994 in downtown Baltimore after a high-speed chase. Law enforcement officers had been investigating C...
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MEMORANDUM Plaintiffs Daniel Wagner and his parents, Daniel and Regina Wagner, have brought this Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400 et seq., action against the Montgomery County Department of Health and Human Services, the Maryland State Department of Education, and various state and county officials. The parties have filed cross-motions for summary judgment...
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51 F.Supp.2d 1326 (1999) Joyce H. STACHEL and Robert D. Stachel, Plaintiffs, v. CITY OF CAPE CANAVERAL, a Florida municipal corporation, Phillip B. Williams, in his official capacity as Sheriff of Brevard County, Florida, James F. Watson, and Donald W. Eggert, Defendants. No. 98-628-CIV-ORL-18C. United States District Court, M.D. Florida, Orlando Division. June 22, 1999. *1327 *1328 Robert W. Smi...
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OPINION AND ORDER This is an action in which plaintiff, who is African-American, alleges that his employment was terminated on account of his race in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-5. Plaintiff also asserts supplemental state law claims of race discrimination under O.R.C. § 4112.02, .99, and discharge in violation of Ohio’s public...
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ORDER NO. 75 FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING PROPOSED SETTLEMENT AGREEMENTS On April 5 through 9, 1999, came on to be held a fairness hearing to consider granting approval to eight proposed settlement agreements in the above-styled litigation. For the reasons stated herein, the Court FINDS that all eight of the proposed settlement agreements should be approved.1 1. JURISDICTI...
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ORDER This is a complex securities fraud case. It is before the Court on the Plaintiffs’ Motion for Class Certification [Doc. 45]. On May 10, 1999, the Court heard oral argument as to the class certification motion. For the reasons set forth below, the motion should be granted. The Defendants’ arguments concerning intra-class conflict are interesting intellectually, but are insufficient to defe...
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ORDER GRANTING PLAINTIFFS’ MOTION TO REMAND AND DENYING DEFENDANTS’ COUNTER-MOTION TO DISMISS DEFENDANT STONE Plaintiffs’ motion to remand this case to state court and defendants’ counter-motion to drop defendant Stone as an improperly joined party were heard on April 30, 1999. The court has read the moving and responding papers and heard oral argument of counsel. For the reasons set forth below,...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT CITY OF DETROIT’S MOTION FOR SUMMARY JUDGMENT Presently before the Court is defendant City of Detroit’s motion for summary judgment filed March 22, 1999. Plaintiff Lu-wanna Hooper responded to the instant motion on April 28, 1999. Plaintiff initiated the instant action with the filing of her complaint on August 6, 1998. Plaintiff claims that def...
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51 F.Supp.2d 822 (1999) GRAPHIC RESOURCES GROUP, INC., a Michigan corporation, Plaintiff, v. HONEYBAKED HAM COMPANY, a Michigan corporation, and Honeybaked Foods, Inc., an Ohio corporation, Defendants. No. 99-40133. United States District Court, E.D. Michigan, Southern Division. June 10, 1999. *823 Michael S. Holmes, Powers, Chapman, Troy, MI, for Graphic Resource Group, Incorporated, plaintiff. ...
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42 F. Supp. 2d 713 (1999) UNITED STATES of America, Plaintiff, v. Kellie Edward ANDERSON, Defendant. No. Crim. 98-50061. United States District Court, E.D. Michigan, Southern Division. April 1, 1999. *714 Federal Defender, Federal Defender Office, Flint, MI, for Kellie Edward Anderson, defendant. James C. Mitchell, U.S. Atty's Office, Bay City, MI, for U.S. MEMORANDUM OPINION AND ORDER DENYING DE...
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ORDER This matter is before the Court on Defendant, IBP Inc’s., Motion for Summary Judgment [#55]. Plaintiffs, Geri Acuff and Julie Stearns, have responded. For the reasons set forth below, the Motion [# 55] is DENIED. Jurisdiction There is no dispute that this Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332. Facts Plaintiffs, Geri Acuff and Julie Stearns, are...
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58 F.Supp.2d 1000 (1999) David A. STINNETT, Plaintiff, v. NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, Defendant. No. EV 98-98-C-T/H. United States District Court, S.D. Indiana, Evansville Division. September 18, 1999. *1001 Alan N. Shovers, Kahn Dees Donovan & Kahn, Evansville, IN, for Plaintiff. Ross E. Rudolph, Mattingly, Rudolph, Fine & Porter, Evansville, IN, Maurice J. McSweeney, Fol...
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*602 AMENDED ORDER IMPOSING SANCTIONS This sanctioning matter involves a recurring problem caused by lawyers who disregard filing requirements in orders issued under Rule 16 of the Federal Rules of Civil Procedure. On May 11, 1999, an Order to Show Cause (OSC) was issued in this case obligating Plaintiff to explain in writing why sanctions should not be imposed for its failure to file a status ...
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48 F. Supp. 2d 1082 (1999) In re SEARCH WARRANT FOR 2934 ANDERSON MORRIS ROAD NILES, OHIO 44406. No. 4:98M6042. United States District Court, N.D. Ohio, Eastern Division. May 4, 1999. MEMORANDUM OPINION AND ORDER ECONOMUS, District Judge. This matter is before the Court upon the Notice of Appeal (Dkt. No. 17) of Jantz and Sheila Clinkscale (collectively referred to as "the Clinkscales"). They se...
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OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT I. INTRODUCTION Plaintiff Mercedes Dionida (“Dionida”) is suing Defendants for disability benefits *936 under the Employee Retirement Income Security Act of 1974 (“ERISA”). Dionida is a registered nurse who was employed by St. Luke’s Hospital in San Francisco. St. Luke’s provides its employees with the St. Luke’s Ho...
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51 F. Supp. 2d 762 (1999) ABS INSURANCE, LTD., et al., Plaintiffs, v. NATIONAL UNION FIRE INSURANCE COMPANY, Insurance Company of the State of Pennsylvania, and AIG Risk Managers, Inc., Defendants. United States District Court, E.D. Texas, Marshall Division. June 21, 1999. Werner A. Powers, Hughes & Luce, Dallas, TX, for plaintiffs. John L. Ross, Harrison Henry Yoss, Thompson, Coe, Cousins &a...
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51 F.Supp.2d 739 (1999) Loyd A. SIMON and Angela A. Simon, et. al, Plaintiff, v. UNITED STATES of America, United States Postal Service, Defendant. No. 97-CV-2076. United States District Court, W.D. Louisiana, Lake Charles Division. March 8, 1999. *740 Robert W. Thomas, Thomas & Hardy, Lake Charles, LA, for plaintiffs. Sabrina Skeldon, U.S. Atty's Office, Shreveport, LA, for U.S. and U.S. Pos...
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50 F. Supp. 2d 888 (1999) AMERICAN STATES INSURANCE COMPANY, Plaintiff, v. TECHNICAL SURFACING, INC.; Phoenix Group, Inc.; Ephorm Freeman; and Phoenix Foods, Inc., Defendants. No. CIV. 97-49 JRT/RLE. United States District Court, D. Minnesota. March 12, 1999. John M. Anderson and Kelly A. Putney, Bassford, Lockhart, Truesdell & Briggs, Minneapolis, MN, for plaintiff. *889 George G. Eck and Er...
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MEMORANDUM AND. ORDER The Court has reviewed Magistrate Judge Martin’s Report and Recommendation, the objections of defendant Bruce S. Jeremiah, and the response of the government. After conducting its own de novo review of the undisputed facts and the law, the Court finds no merit in any of the objections raised by defendant Jeremiah. Therefore, the Court adopts the Report and Recommendati...
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ORDER David B. Fite (“Fite”) brought suit against his former employer, Digital Equipment Corporation (“Digital”), for discrimination and retaliation under the Age Discrimination in Employment Act (the “Age Discrimination Act”), 29 U.S.C. § 621 et. seq., the Americans with Disabilities Act (the “Disabilities Act”), 42 U.S.C. § 12101 et. seq., and the Massachusetts Fair Employment Practices Act (t...
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MEMORANDUM AND ORDER I. Introduction This action arises out of the sexual abuse of the plaintiff, Kristen Canty (“Canty”), when she was a student at Old Rochester Regional High School, by a coach named John Shockro (“Shockro”). Old Rochester Regional School District (the “School District”) seeks summary judgment on Canty’s only remaining claim — a claim for compensatory and punitive dam...
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52 F.Supp.2d 203 (1999) Soondar MAHADEO v. Janet RENO, Attorney General, Doris Messner, Commissioner of the Immigration and Naturalization Service; Department of Justice; and Steven Farquharson, District Director. No. Civ.A. 99-10716-RGS. United States District Court, D. Massachusetts. May 18, 1999. Allan M. Tow, Boston, MA, for Plaintiff. *204 Frank Crowley, Immigration & Naturalization Spec...
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ORDER FINDINGS AND ORDER I. OVERVIEW OF THE CASE This matter is before the Court after a bench trial which took place from September 23, to September 25, 1998. Duke Energy Corp. (“Duke” 1 ) brought this action for a refund of federal income taxes paid after an audit of its 1985 tax return. Pursuant to that audit, certain Duke deductions were disallowed. Duke exhau...
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MEMORANDUM AND ORDER INTRODUCTION This case arises out of the warrantless police entry of a private residence to end an underage, unsupervised drinking party. In March 1998, plaintiffs Pauline Howes and her son Alexander Howes brought suit against three police officers and their employer, the Town of Marblehead, Massachusetts, under 42 U.S.C. § 1983 for violation of their Fourth ...
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ORDER By order dated August 13, 1999, the Court administratively closed the present action until the conclusion of all administrative proceedings. Because that time has arrived and because the Immigration and Naturalization Service (the “INS”) has indicated its intention to deport Miguel Noel Fierro (“Fierro”) on September 20, 1999, the Court must now address the INS’ motion to dismis...
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MEMORANDUM ORDER This matter comes before the Court on plaintiffs’ motion to alter or amend the judgment entered May 12, 1999. Upon consideration of plaintiffs’ motion, defendant’s opposition, plaintiffs’ reply, and the record in this case, the motion to alter or amend the judgment will be denied for the reasons set forth below. The law of this jurisdiction is that a Rule 59(e) motion to al...
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MEMORANDUM OPINION Appellant Scott S. Joffrion challenges a decision of the United States Bankruptcy Court for the Middle District of Alabama, holding that his debt to appellee John Olszewski for guardian ad litem fees arising out of a post-divorce child custody dispute was not dischargeable in bankruptcy. This district court’s appellate jurisdiction has been properly invoked under 28 U.S.C.A...
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MEMORANDUM OF OPINION AND ORDER Plaintiff Donald Randall brings this personal injury action seeking damages for injuries suffered while skiing at Mammoth Mountain Ski Area (“Mammoth”). Defendant Mammoth now moves for summary judgment. I. In May, 1997 Randall, a professional ski instructor, came to Mammoth Lakes, Cali- *1253 forma to participate in the United States Ski Association (USSA) ...
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OPINION AND ORDER Defendants, Campaniello Imports, Ltd., Campaniello Imports of Florida, Ltd. and Campaniello Enterprises, Inc. (collectively “Campaniello”), move for an order in li-mine precluding plaintiff Gidatex, S.r.L. (“Gidatex”) from offering the testimony and reports of Gidatex’s investigators and three secretly-obtained tape recordings of conversations between Gida...
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*31 MEMORANDUM OPINION This matter comes before the Court on defendant Angel Torres’ motion to vacate, set aside, or correct the sentence in his case pursuant to 28 U.S.C. § 2255. Upon consideration of the motion, the government’s opposition, the record in this case, and the evidence and argument of counsel, the motion will be denied. II. BACKGROUND A. Initial Proceedings Defendant Torres was in...
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MEMORANDUM OPINION This matter comes before the Court on plaintiffs motion for partial summary judgment and defendants’ cross-motion to *42dismiss or, in the alternative, for summary-judgment. Upon consideration of the motions, the oppositions and other relevant papers, the record in this case, and recent applicable case law, the Court will grant plaintiffs motion for partial summary judgment. T...
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MEMORANDUM AND ORDER Plaintiff Barbara von Gunten (“von Gun-ten”) was formerly employed by the Maryland Department of the Environment (“MDE”). In this civil action, she has sued the MDE under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. Compensatory damages, back pay, front pay and other relief are here sought by the plaintiff. Pursuant to a Scheduling...
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MEMORANDUM OPINION AND ORDER Before the court are the following motions: Plaintiffs motion to remand, the Secretary of Health and Human Services’ (“Secretary”) motion to intervene as a defendant, and the Secretary’s and Defendant’s motion to dissolve the preliminary injunction. The court heard oral argument June 11, 1999. BACKGROUND Clio Convalescent Center (“Clio”) is a sta...
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64 F. Supp. 2d 1205 (1999) Robbie Sue THOMAS, Plaintiff, v. JONES RESTAURANTS, INC., d/b/a Sonic of Clanton, Defendant. No. Civ.A. 99-T-130-N. United States District Court, M.D. Alabama, Northern Division. September 14, 1999. William H. Benson, III, John F. Kizer, Jr., LLC, Birmingham, AL, John F. Kizer, Jr., John F. Kizer, Jr., LLC, Birmingham, AL, for plaintiff. Steven J. Allen, Brunini, Granth...
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OPINION Plaintiff Charla Doucet, filing on behalf of her minor daughter Kaylee, sues to recover $ 40,216.21 in attorneys’ fees and costs which she claims she incurred in her legal action brought under the Individuals with Disabilities Education Act, also known as the IDEA, 20 U.S.C.A. §§ MOO-1491, against defendant Chilton County Board of Education. This ■ lawsuit is now before the court for ...
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61 F.Supp.2d 1354 (1999) Jill EDWARDS, as Personal Representative of the Estate of Mark Edwards, deceased; for the benefit of decedent's Estate and his survivor, Jill Edwards, individually, Plaintiff, v. SAFETY-KLEEN CORPORATION, Defendant. No. 97-7180-CIV. United States District Court, S.D. Florida, Miami Division. September 7, 1999. *1355 *1356 Robert C. Maland, Robert C. Maland, P.A., Miami, F...
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OPINION and ORDER This is an action seeking redress for alleged patent infringement under the United States Patent Laws, 85 U.S.C. § 271. This Court has jurisdiction pursuant to 28 U.S.C. § 1338(a). Before the Court are the parties’ cross-motions for partial summary judgment, pursuant to Fed.R.Civ.P. 56, on the question of whether Defendant Deer Stags, Inc. infringed U.S. Patent ...
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DECISION AND ORDER INTRODUCTION Plaintiff, Bausch & Lomb Incorporated (“B & L”), commenced this action under 35 U.S.C. § 281, alleging that defendant, Aeon Laboratories, Inc. (“Aeon”), has infringed on United States Patent No. 5,096,607 (“the ’607 patent”). The ’607 patent claims an invention in a process for *235 simultaneously cleaning and disinfecting contact lens...
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OPINION AND ORDER After a jury trial, defendant Lawrence X. Cusack (“Cusack”) was convicted on April 30, 1999, of thirteen counts of wire and mail fraud in violation of 18 U.S.C. §§ 1341, 1343 for his role in a fraudulent scheme involving the sale of a number of documents that he claimed contained the handwriting of President John F. Kennedy and other prominent figures. On May 26, 199...
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Decision and Order Preliminary Statement The plaintiff filed his initial complaint on June 14, 1994, an amended complaint on February 17, 1996, and a “Supplemented Amended Complaint” (“Supplemental Complaint”) (document # 7) on September 11, 1998. It is that later complaint that is before the Court on his motion for partial summary judgment and the defendants’ motions for judgment on...
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OPINION AND ORDER TABLE OF CONTENTS I. Introduction.........................................................................324 II. Background..........................................................................325 III. Legal Standard for Summary Judgment.................................................326 IV. Discussion...........................................
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OPINION Plaintiff Central Synagogue (“Central”) has moved, pursuant to 28 U.S.C. § 1447, for an order to remand this action to New York State Supreme Court for lack of subject matter jurisdiction. For the reasons set forth below, the motion is granted. Prior Proceedings This action arises out of the tragic fire that consumed the historic Central Synagogue Sanctuary (the ...
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MEMORANDUM OPINION Plaintiff in this diversity case, a collector of antique automobiles, claims that he was defrauded by the defendant dealer and its principals in two separate transactions, an alleged loan of $2,125,000 to finance defendants’ purchase of a group of rare vehicles from an Italian seller and a purchase of a 1939 Bugatti Type 57. Defendants move to dismiss claims brought und...
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OPINION Last winter, for the third holiday season, Bear U.S.A., Inc. (“Bear U.S.A.”) alleged that the trademarks on its popular “Bear” parkas were being infringed. The Court now decides two separate but related motions: one for contempt of an earlier judgment and the other for a preliminary injunction in a new case. The accused parkas have been seized, and the Court has issued a temporary...
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51 F. Supp. 2d 713 (1999) Charles B. MEREDITH, Plaintiff v. Kenneth S. APFEL, Commissioner of Social Security Defendant No. CIV. A. 98-0328-R. United States District Court, W.D. Virginia, Roanoke Division. February 24, 1999. *714 Amy L. Hansen, Lumsden, Overstreet & Hansen, Roanoke, VA, for Charles B. Meredith, plaintiff. John F. Corcoran, U.S. Attorney's Office, Roanoke, Randolph W. Gaines, ...
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MEMORANDUM-DECISION & ORDER Defendant Pierce Han (“Defendant” or “Han”) was charged, in a one-count Indictment with travel with intent to engage in a sexual act with a minor, in violation of 18 U.S.C. § 2423(b). On August 5, 1999, defendant Han was convicted by a jury of the single count charged in the Indictment. Presently before the Court is defendant Han’s motions for: (1) judgment of ...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT/COUNTER-PLAINTIFF PATRICIA LANE-SMITH’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT JUANITA MICHELLE SPIVEY’S MOTION FOR SUMMARY JUDGMENT Presently before the Court are two cross motions for summary judgment, each submitted by a defendant in the above-entitled case. This is an action for interpleader and declaratory relief brought purs...
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64 F. Supp. 2d 370 (1999) Alice M. GUL, Plaintiff, v. PAMRAPO SAVINGS BANK, Christopher Bock, Brian Campbell, and John Does, 1-25, Defendants. No. CIV.A. 99-3356(MLC). United States District Court, D. New Jersey. September 21, 1999. *371 Clifford L. Van Syoc, Van Syoc Law Offices, Chartered, Cherry Hill, NJ, for Plaintiff. Donna duBeth Gardiner, Collier, Jacob & Mills, P.C., Somerset, NJ, for...
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52 F.Supp.2d 324 (1999) Elinor HALPERN, Plaintiff, v. BRISTOL BOARD OF EDUCATION, Defendant. No. Civ.A. 3:98CV243(CFD). United States District Court, D. Connecticut. March 15, 1999. *325 Jon L. Schoenhorn, Law Offices of Jon L. Schoenhorn, Hartford, CT, for plaintiff. Burton Kainen, Vaughn Finn, Shipman & Goodwin, Hartford, CT, for defendant. RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT DRON...
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MEMORANDUM-DECISION & ORDER I. Background Defendant Allan Huppe was charged in a four-count Indictment with: (1) knowingly devising a scheme to defraud and to obtain money from the Highland Nursing Home, Inc. Retirement Plan (the “Plan”) by means of false and fraudulent pretenses and representations using the interstate or foreign wires, in violation of 18 U.S.C. § 1343 (Counts One, ...
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52 F. Supp. 2d 1145 (1999) Robert Eugene WILLIAMS, Petitioner, v. Dick CLARK, Warden, Respondent. No. CV98-7610-RC. United States District Court, C.D. California. May 21, 1999. *1146 Robert Eugene Williams, San Pedro, CA, pro se. Lucy Koh, Asst. U.S. Atty., Los Angeles, CA, for respondent. MEMORANDUM DECISION AND ORDER CHAPMAN, United States Magistrate Judge. On September 21, 1998, petitioner Ro...
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51 F. Supp. 2d 789 (1999) HOUSTON CASUALTY COMPANY, Plaintiff, v. CERTAIN UNDERWRITERS AT LLOYD'S LONDON subscribing to Reinsurance Policy No. 839/DA44790, Defendants/Third Party Plaintiffs, v. Fenchurch Insurance Brokers, Ltd., Third Party Defendant. No. Civ.A. H-97-1381. United States District Court, S.D. Texas, Houston Division. March 30, 1999. *790 *791 ORDER RAINEY, District Judge. Pendin...
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OPINION This case is brought pursuant to 47 U.S.C. § 605, which, in relevant part, prohibits unauthorized persons from intercepting radio communications and divulging or using the contents of those communications. Plaintiff, at relevant times, was the holder of a radio station license issued by the Federal Communications Commission. Plaintiff owned a cab company, which used radio tran...
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64 F. Supp. 2d 930 (1999) Joseph HADDAD, Plaintiff, v. State of CALIFORNIA; Scott E. Wall; and Does 1 through 20, Incl., Defendants. No. EDCV 98-0130-RT (VAPx). United States District Court, C.D. California. August 24, 1999. *931 *932 E. Thomas Barham, Jr., Barham & Ostrow, Los Alamitos, CA, for plaintiff. Bill Lockyer, Attorney General of the State of California, Karen M. Walter, Deputy Atto...
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ORDER INTRODUCTION AND SUMMARY All art is but imitation of nature. 1 *1132 Taking Seneca’s admonition to heart, plaintiff, Dennis Berkla, .has established electronic databases (Garden Hose) containing virtual leaves, blades of grass, flowers, pine cones and the like which constitute a software “nozzle,” which is then digitally “sprayed” to create ...
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[AMENDED] ORDER RE MOTIONS IN LIMINE The government has charged defendant Gregory Ivan Bakshinian with possession of a counterfeit security and attempted bank fraud. The government alleges that Bakshinian committed these crimes as part *1105 of a conspiracy with Bahrain Khan Nabaie and Mkrtych Karagezyan. The Court granted a motion to sever the defendants’ trials and Nabaie h...
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64 F.Supp.2d 939 (1999) NATHAN KIMMEL, INC., et al., Plaintiffs, v. DOWELANCO, Defendant. No. CV 97-3941 DDP(RNBX). United States District Court, C.D. California. September 7, 1999. *940 Joel R Bennett, Bennett & Fairshter, Pasadena, CA, for plaintiffs. Rodney Joseph Stone, Chad S Hummel, William E Wegner, Gibson Dunn & Crutcher, Los Angeles, CA, for defendants. ORDER GRANTING MOTION TO ...
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70 F. Supp. 2d 785 (1999) Leonard TURNER, Petitioner, v. David SMITH, Respondent. No. CIV.A. 98-CV-72620-D. United States District Court, E.D. Michigan, Southern Division. September 7, 1999. *786 Leonard Hershel Turner, St. Louis, MI, Pro se. Carolyn M. Breen, Wayne County Prosecutor's Office, Detroit, MI, for Respondent. OPINION DUGGAN, District Judge. On June 14, 1998, petitioner Leonard Turne...
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*782 OPINION Presently before the court in this patent dispute is defendant Parkhill Furniture’s “Motion for Summary Judgment of Nonin-fringement or for a Markman Hearing.” After considering the motion, the court is of the opinion that the motion should be granted in part and denied in part. Brief Factual and Procedural Background The plaintiff, GFI, Inc., holds United States Patent N...
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81 F. Supp. 2d 559 (1999) John SCIOTTO and Catherine P. Sciotto on behalf of Louis Sciotto, a Minor, as his parents and natural guardians, Plaintiffs, v. MARPLE NEWTOWN SCHOOL DISTRICT, James Smith, Stu Nathans, and Greg Fendler, Defendant. No. CIV. A. 98-2768. United States District Court, E.D. Pennsylvania. September 23, 1999. *560 James J. Byrne, Jr., Robert E.J. Curran, Curran & Byrne, P....
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MEMORANDUM This petition for a writ of habeas corpus involves something of a tortuous path for this state prisoner. On June 8, 1996, following a trial before the Honorable Gary S. Glazer of the Court of Common Pleas of Philadelphia County, a jury convicted petitioner Gene Lomazoff of three counts of robbery, three counts of official oppression, two counts of obstructing justice, ...
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MEMORANDUM Plaintiff has filed this action against Allstate Insurance Company (“Allstate”) alleging that it acted in bad faith in handling plaintiffs two underinsured motorist (“UIM”) claims. On June 14, 1999, plaintiff filed a Motion to Compel Defendant’s Production of Documents and Answers to Interrogatories. For the reasons that follow, the motion is granted in part and denied in part. Backgr...
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*474 MEMORANDUM OPINION On September 17, 1997, Chief Judge Griesa dismissed the pro se complaint in this action, which alleges various misconduct by employees of the Veterans Administration (“VA”), to the extent it alleged a claim under the Federal Tort Claims Act (“FTCA”) on the ground that it failed to allege that plaintiff had filed an administrative claim and that the administrative cla...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff Blue Ribbon Pet Products, Inc. (“Blue Ribbon”) brings this action against defendants Rolf C. Hagen (USA) Corp. (“Hagen USA”) and Rolf C. Hagen (Canada) Inc. (“Hagen Canada”) asserting claims for copyright infringement under the Copyright Act, 17 U.S.C. § 101 et seq., and for unfair competition under state law. The action was...
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OPINION AND ORDER I. INTRODUCTION This matter is before the Court on Plaintiffs Michael Williams and Maudie Williams’ (collectively “Plaintiffs”) Motion For New Trial pursuant to Fed.R.Civ.P. 59(a) and Motion For Relief From Judgment pursuant to Fed.R.Civ.P. 60(b)(2). This case was tried to a jury from September 21, 1998, to October 1, 1998. On October 5, 1998, the jury returned a verdict in fa...
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MEMORANDUM AND ORDER This 42 U.S.C. § 1983 action was brought by plaintiffs, Constance Jordan, Myeshia Jordan, and Nickie Jordan against defendants, the City of Philadelphia (“Philadelphia”), Department of Human Services of the City of Philadelphia (“DHS”), Valerie Mack, Children and Youth Division of the Department of Human Services of the City of Philadelphia, Marlene H. Rivers (“Ri...
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MEMORANDUM AND ORDER Analin Pacheco pled guilty before this court to one count of conspiracy to distribute cocaine base (more than 50 grams) and heroin (more than 1000 grams), in violation of 21 U.S.C. § 846. She now puts forth several objections to the pre-sentence report. She argues that she should not receive an upward adjustment of three levels for having played a managerial role....
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MEMORANDUM & ORDER This securities fraud action was originally brought against defendants Ikon Office Solutions, Inc., and several of its officers and directors by plaintiffs who had purchased Ikon stock. Several months after the original complaint was filed, the plaintiffs were granted leave to file an amended complaint that added Ernst & Young, Ikon’s accounting firm, as a defendant...
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MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS In 1989 and 1990, defendant La Suisse Life Insurance Company (“La Suisse”), a Swiss insurance company, acting through various agents, sold a number of life insurance policies to plaintiffs, who are members of the Orthodox and Hasidic Jewish communities resident in Rockland County and New York...
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MEMORANDUM This case went to trial on two causes of action, one federal and one state. The first cause of action is the claim of Plaintiff Mary Mosley (“Mosley”) that Defendants Dr. Kirk Kelly (“Kelly”), Emily Chesnutt Baker (“Baker”), and the City of Chattanooga (all three defendants collectively will be referred to as (“Defendants”) violated 42 U.S.C. § 1983 by depriving her of her ...
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ORDER and MEMORANDUM OF DECISION Plaintiff, Susan Belanger (“Belanger”), brings this action against Defendants Healthsource of Maine (“Healthsource”) and CMG Health (“CMG”). Plaintiff filed a Second Amended Complaint alleging negligence (Count I), breach of contract (Count II), violations of the Maine Unfair Trade Practices Act, Me.Rev.Stat.Ann. tit. 5, § 206 et seq., (Count III) and viol...
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MEMORANDUM OPINION AND ORDER REGARDING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT TABLE OF CONTENTS I. INTRODUCTION.1005 II. STANDARDS FOR SUMMARY JUDGMENT.1006 III. FACTUAL BACKGROUND.1008 TV. LEGAL ANALYSIS 1009 A. Sexual Harassment Claim.1009 1. The Ellerth!Faragher standard.1010 2. Green’s prima facie case of...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendant Cinemark’s Motion to Dismiss, Transfer, or Stay (Document # 5). For the reasons stated below, Defendant’s Motion to Dismiss, Transfer, or Stay is DENIED. Factual and Procedural History Plaintiff United States of America filed this civil action against Defendant Cine-mark USA, Inc., alleging that Defenda...
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ORDER Pending before the Court is Plaintiff Tolagbe Ogunleye’s motion for a preliminary injunction. Plaintiff, formerly employed as a non-tenured professor in the Africana Studies Program of the University of Arizona, seeks reinstatement and lost income. Prof. Ogunleye claims that she was discriminated against as a result of her support for an ousted faculty member and that she was treated ...
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MEMORANDUM AND ORDER WITH REGARD TO GOVERNMENT’S MOTION TO COMPEL PRODUCTION OF DEFENDANT’S NOTICE OF ALIBI (Docket No. 83) Before the court is the Government’s motion to compel Kristen Gilbert (“Defendant”) to produce a notice of alibi pursuant to Fed. R.Crim.P. 12.1(a). Developments since the motion was filed on July 15, 1999 have narrowed the scope of the dispute to certain uncharged conduct...
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MEMORANDUM OPINION & ORDER INTRODUCTION This matter is before the Court for its consideration of the Bureau of Prisons (“BOP”) decision to administer antipsy-chotic medication to the defendant, Russell Eugene Weston, Jr., over his objection. The defendant is a pretrial detainee committed by this Court to the custody of the BOP for competency restoration pursuant to 18 U.S.C. ...
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MEMORANDUM DECISION AND ORDER The plaintiff, Nadine M. Minsky (“Minsky” or the “plaintiff’), commenced this action pursuant to the Social Security Act, 42 U.S.C. § 405(g)(the “Act”), seeking review of a final administrative determination of the Commissioner of the Social Security Administration (the “Commissioner”), denying her application for Social Security Disability Insurance Bene...
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MEMORANDUM AND ORDER This matter is before the Court upon two Motions for Partial Summary Judgment by Plaintiff Randy’s Sanitation, Inc., and Defendants’ Motion for Summary Judgment. For the following reasons, Plaintiffs motions are granted in part and denied in part; Defendants’ motion is also granted in part and denied in part. BACKGROUND In 1990, Wright County began constructing a...
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68 F. Supp. 2d 1093 (1999) ENTERGY ARKANSAS, INC., an Arkansas corporation; Entergy Gulf States, Inc., a Texas corporation; Entergy Louisiana, Inc., a Louisiana corporation; Wolf Creek Nuclear Operating Corporation, a Delaware corporation; Omaha Public Power District, a public corporation and political subdivision of the State of Nebraska, Plaintiffs, Central Interstate Low-level Radioactive Wast...
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ORDER Appellant United States appeals from a decisions stated by the United States Bankruptcy Court. For the reasons stated below, the Court vacates the bankrupt *843 cy court’s order and remands for further proceedings. Facts On January 21, 1994, Debtor Amada Zamora agreed to act as a surety on a bail bond issued to secure the appearance of a defendant in a...
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MEMORANDUM AND ORDER This is a social security appeal filed by Carl Dierks (“Dierks”) pursuant to 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration (“Commissioner”) denying Dierks’ claim for disability benefits under Title II because Dierks was not under a “disability,” as defined in the Social Security Act, 42 U.S.C. §§...
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OPINION AND ORDER Pending before the Court is a motion to dismiss for lack of jurisdiction and/or for failure to state a claim filed by defendant United States of America (Docket # 6). Said motion was duly opposed by plaintiff (Docket # 9). For the reasons stated below in this Opinion and Order, defendant’s motion to dismiss (Docket # 6) is GRANTED and the above-captioned action shall be DISMIS...
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OPINION AND ORDER I. Introduction and Background The Court held a jury trial in the above-captioned case, commencing on August 23, 1999. The Court previously granted summary judgment for Defendants Lupi’s Enterprises Inc. (“Lupi’s”) and Trel Lloyd (“Lloyd”), dismissing as time-barred Plaintiff Lourdes Santiago’s (“Santiago”) claims for sexual harassment and national origin discrimination. In ...
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OPINION AND ORDER Defendants, Oscar Varela-Cruz (No. 98-278); Manuel A. Martínez-Talavera, Mois-és Hernández-Martínez, Elvin Martínez-Cabrera, and Adrián Colón-Avilés (No. 98-281); Eddie Meléndez-Meléndez and Héctor M. Calderón-Reyes (No. 98-286); José A. López-López (No. 98-288); Lauro Meléndez-Collazo, José Rafael Collazo-Meléndez, and Héctor M. Calderón-Reyes (No. 98-293); Jesús Go...
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64 F. Supp. 2d 1 (1999) Dennis NEWBANKS, Plaintiff, v. CENTRAL GULF LINES, INC., and the International Organization of Masters, Mates, and Pilots, AFL—CIO, Defendants. No. Civ.A. 97-11246 EFH. United States District Court, D. Massachusetts. September 15, 1999. *2 *3 Scott A. Lathrop, Groton, MA, for Dennis Newbanks, plaintiff. Wilfred J. Benoit, Jr., Goodwin, Procter & Hoar, Boston, MA, Willi...
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ORDER ON DEFENDANT’S MOTION FOR COLLATERAL RELIEF PURSUANT TO 28 U.S.C. § 2255 The Magistrate Judge initially recommended that I deny this § 2255 motion without a hearing because large parts of it were unsworn, contrary to Rule 2(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts (§ 2255 Rules) and First Circuit precedent. See United States v. LaBonte, 70 F.3...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION The above-titled matter came on for hearing before the undersigned United States District Judge on July 22, 1999, pursuant to the parties’ cross-motions for summary judgment [Doc. Nos. 25, 35], Plaintiffs Republican Party of Minnesota, Kevin Knight, and Rich Pogin filed the instant action, on July 14, 1998, seeking to enjoin the State of Minnesot...
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MEMORANDUM OPINION AND ORDER Pending is Defendant below, Mark J. Giuffrida’s appeal from the ruling of the Magistrate Judge setting the amount of restitution due following his conviction for violation of 18 U.S.C. § 228, previously denominated the Child Support Recovery Act of 1992 (“CSRA”), but amended and renamed the Deadbeat Parents Punishment Act of 1998 (“DPPA”). For reasons discussed more ...
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ORDER ADOPTING REPORT & RECOMMENDATION Pending before the Court are the objections of both plaintiff and defendant to the July 29, 1999 Report and Recommendation of Magistrate Judge Michael L. Orenstein regarding the defendant’s motion for summary judgment in this action for recovery of estate taxes. Magistrate Judge Oren-stein, in a thorough and well-reasoned report, recom...
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MEMORANDUM OF DECISION AND ORDER Plaintiff ASIC II Limited (“ASIC II”) and Defendant Stonhard, Inc. (“Stonhard”) have submitted this case to the Court for decision on a Stipulated Record (“SR”). 1 See Docket No. 49. National Semiconductor Corporation (“NSC”) is a manufacturer of “semiconductor wafers” which owns and operates a manufacturing facility located at 333 Warren...
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MEMORANDUM AND ORDER The plaintiff, Ruth Jones (“Jones”) brings this action against the Commissioner of Social Security (“Commissioner”) pursuant to § 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), seeking review of a final decision denying her disability benefits. This matter was referred to a magistrate judge. Both parties moved for judgment on the pleadings unde...
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DECISION AND ORDER Plaintiff Farmington Casualty Company (“Farmington”), as subrogee of Bozell Jacobs' Kenyon & Eckhardt, Inc. (“Bozell”), filed this action on or about May 20, 1998 seeking recovery of $142,082.62 from defendants 23rd Street Properties Corp. (“23rd Street” or “Landlord”) and Williams Real Estate Co. Inc. (“Williams” or “Managing Agent”)(together, “Defendants”). Defend...
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MEMORANDUM AND ORDER Pro se plaintiff Eyal Katzman brings this action under 42 U.S.C. § 1983 against defendants Dr. Khan, Dr. Martin, Dr. Lo-curatolo and Dr. Sankar alleging violations of the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments of the United States Constitution. Plaintiff further seeks relief under New York common law for false imprisonment, medical malpractice, emotional dis...
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OPINION This case arises from a number of Freedom of Information Act requests made by Thomas Edwin Blanton, Jr. to the United States Department of Justice and the Federal Bureau of Investigation for records concerning himself and his father. The matter is before the Court on cross-motions for summary judgment and plaintiffs motion to compel a further search. I. BACKGROUND Th...
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*1078 ORDER ADOPTING REPORT AND RECOMMENDATION The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson dated August 3, 1999. No objections have been filed to the Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, and all of ...
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64 F. Supp. 2d 906 (1999) AMERICAN MEAT INSTITUTE and John Morrell & Company, Plaintiffs, v. Mark W. BARNETT, Attorney General of the State of South Dakota and Darrell Cruea Secretary of Agriculture of the State of South Dakota, Defendants, Prairieland Pork Producers, Inc., Intervenor. No. 99-3017. United States District Court, D. South Dakota, Central Division. August 31, 1999. *907 *908 *90...
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MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S OBJECTIONS TO PROPOSED OBJECTIONS TO PROPOSED JURY INSTRUCTIONS TABLE OF CONTENTS J. INTRODUCTION.1018 II. LEGAL ANALYSIS.1019 A. The Jones Decision .1019 1. The content of the comment.1019 *1018 2. Clues from the concurrences and dissent. 1023 B. The Almendarez-Torres D...
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ORDER ADOPTING REPORT AND RECOMMENDATION Based upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-titled matter, IT IS HEREBY ORDERED: That the Defendant’s Motion for Summary Judgment [Docket No. 16] is GRANTED. LET JUDGMENT BE ENTERED ACCORDINGLY. REPOR...
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ORDER Based upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-titled matter, it is— ORDERED: That Thorson, Inc.’s Motion for Summary Judgment [Docket No. 21] is denied. REPORT AND RECOMMENDATION ERICKSON, United States Magistrate Judge. I. Introduction This matter came before...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on the renewed application of A.H. Belo Corporation (“Belo”) To Secure Access to Judicial Records. Belo is a Texas-based news organization that seeks access to 26 tapes and transcripts identified by the Office of Independent Counsel (“OIC”) as anticipated evidence in its ease in chief against former Secretary of Housing Henry G. Cis...
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MEMORANDUM AND ORDER On September 29, 1998, plaintiff Robert Rooney d/b/a Biomet Rooney & Associates (“Rooney”) filed this action against defendant Biomet, Inc. (“Biomet”) alleging 15 counts of wrongdoings related to two contracts. Pending before this Court is Biom-et’s motion to dismiss (Docket No. 6). I. Background Biomet, a Delaware corporation maintaining its principle place...
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MEMORANDUM AND ORDER REGARDING OBJECTIONS TO REPORT AND RECOMMENDATION ON DEFENDANT CTS’ MOTION ■ FOR SUMMARY JUDGMENT On July 28, 1999, United States Magistrate Judge Kenneth P. Neiman issued his Report and Recommendation on the Motion for Summary Judgment of defendant CTS Con-Way Transportation Services, Inc. (“CTS”). In a detailed memorandum, Magistrate Judge Neiman advised that th...
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64 F. Supp. 2d 1176 (1999) Arkather DAVIS, et al., Plaintiffs, v. WAL-MART STORES, INC., Defendant. No. CIV.A.98-D-1088-E. United States District Court, M.D. Alabama, Eastern Division. July 27, 1999. *1177 Douglas J. Fees, Huntsville, AL, for Plaintiffs. H.E. Nix, Jr., Jay S. Tuley, Montgomery, AL, for Defendant. MEMORANDUM OPINION AND ORDER DE MENT, District Judge. Before the court is Defendant...
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64 F. Supp. 2d 1195 (1999) Charles M. GARDNER, et al., Plaintiffs, v. ELMORE COMMUNITY HOSP., Defendant. No. CIV.A.96-D-1566-N. United States District Court, M.D. Alabama, Northern Division. September 13, 1999. *1196 *1197 Stephen McKay Nesmith, Frank W. Riggs, III, Montgomery, AL, for Plaintiffs. James E. Williams, Montgomery, AL, for Defendant. MEMORANDUM OPINION AND ORDER DE MENT, District Ju...
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ORDER REVERSING THE BANKRUPTCY COURT’S “OPINION ON WHETHER A CONSOLIDATION LOAN IS AN EDUCATIONAL LOAN” I.Background Appellee Susan Flint borrowed money from Southwest Student Services Corporation on two occasions to finance her education. Then, on December 15, 1995, she executed a promissory note issued under the provisions of the Higher Education Act with Arizona Educational Loan Marketin...
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MEMORANDUM & ORDER The six petitioner companies have filed 17 related cases in this Court seeking to compel arbitration of 17 actions brought against them in state court by former employees. Pending before this Court are the motions of the 17 individuals to dismiss the petitions to compel arbitration (Docket No. 3 in each of the above-captioned cases). I. Background The ...
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MEMORANDUM OPINION AND ORDER This case is before the court on appeal from the United States Bankruptcy Court for the Middle District of Alabama (“Bankruptcy Court”). Kentucky Higher Education Assistance Authority (“KHEAA”) appeals from the final judgment of the Bankruptcy Court entered in its March 22, 1999 Order Denying Motion To Reconsider (“Mot.”), in which motion KHEAA had moved t...
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MEMORANDUM ORDER I. Introduction In accordance with the consent of the parties, this matter was tried before the Court, and is presently before us on the *1090 Plaintiffs’ Objection to the Defendants’ Taxation of Costs. For these purposes, the Plaintiffs have appeared by James T. Martin, Esq., and the Defendants have appeared by Kevin S. Carpenter, Esq. We grant ...
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ORDER Plaintiff, a state prisoner proceeding pro se in the above-styled civil action, has filed an action to pursue his remedies in this Court pursuant to 42 U.S.C. § 1983. Plaintiffs application to proceed without full payment of fees pursuant to 28 U.S.C. § 1915, as amended April 26, 1996, was approved by this Court by Order entered October 27, 1998. By Order entered June 4, 1999, the Clerk was ...
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64 F. Supp. 2d 1152 (1999) Freddy FOLKES, Plaintiff, v. Michael W. HALEY, et al., Defendants. No. CIV.A. 99-D-385-N. United States District Court, M.D. Alabama, Northern Division. May 28, 1999. Jimmy L. DeBardelaben, Montgomery, AL, for Plaintiff. Andrew W. Redd. Dept. of Corrections, Montgomery, AL, for Defendants. MEMORANDUM OPINION AND ORDER DE MENT, District Judge. Before the court are Defen...
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OPINION AND ORDER The plaintiff class has moved for the final approval of the settlement of this class action pursuant to Fed.R.Civ.P. 23(e) on the terms set forth in the Stipulation of Settlement (or “Settlement Agreement”) executed by the parties on February 19, 1999 and the Amendment to the Stipulation of Settlement executed by the parties on August 11, 1999. Class counsel has also app...
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MEMORANDUM OPINION AND ORDER Before the court is Petitioner’s Motion For Reconsideration, filed on June 16, 1999, wherein Petitioner moves the court to “reverse its decision of June 11, 1999 and grant [Petitioner’s] Petition For Writ of Habeas Corpus as to the 1979 burglary convictions; or, in the alternative, grant unto him an evidentiary hearing thereon.” (Mot. at 1.) After careful consider...
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MEMORANDUM and ORDER Plaintiffs (hereinafter, the “ED-Plaintiffs” 1) bring this action for monetary damages in excess of 158 million dollars, alleging abuse of process, malicious prosecution, tortious interference with contract, fraud, conversion, breach of contract, civil racketeering under 18 U.S.C. § 1861 et seq., and antitrust violations. Defendants Lowenfeld and Carmon move to dismiss the ...
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64 F.Supp.2d 1215 (1999) Billy SMITH, Plaintiff, v. ALABAMA DEP'T OF PUB. SAFETY, Defendant. No. CIV.A.98-D-340-N. United States District Court, M.D. Alabama, Northern Division. September 20, 1999. *1216 *1217 Marvin W. Wiggins, April A. England, Selma, AL, for Plaintiff. William G. McKnight, Dept. of Public Safety, Legal Unit, Montgomery, AL, for Defendant. MEMORANDUM OPINION AND ORDER DE MENT,...
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MEMORANDUM OPINION AND ORDER Before the court is Defendants’ Motion For Summary Judgment (“Defs.’ Mot.”), filed on May 13, 1997. Defendants also filed a Brief In Support Of Motion For Summary Judgment (“Defs.’ Br.”) on the same date. Plaintiffs filed a Submission In Opposition To Motion For Summary Judgment, which the court construes as a Response (“Pis.’ Resp.”), on May 30, 1997. Defendants fi...
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OPINION AND ORDER OF SUMMARY DISMISSAL 1 This matter is before the Court on a petition for writ of habeas corpus brought by Antonio Marcus Hudson (“petitioner”), presently confined at the Greensville Correctional Facility in Jarratt, Virginia pursuant to a compact agreement that Michigan has with the State of Virginia for the housing of Michigan inmates. Petitioner seeks the issuance of a...
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- MEMORANDUM OPINION AND ORDER ON MOTION FOR NEW TRIAL Terry Nichols seeks a new trial because the prosecution lawyers did not review approximately 50,000 pieces of paper generated by the FBI during the course of its investigation of the bombing of the Alfred P. Murrah Building in Oklahoma City on April 19, 1995. These papers are officially described as “information control” sheets and informal...
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MEMORANDUM OPINION AND ORDER REGARDING THE STATE DEFENDANTS’ MOTION TO DISMISS TABLE OF CONTENTS I. INTRODUCTION.1038 II. LEGAL ANALYSIS.1039 A. Eleventh Amendment Immunity .1040 1. General principles .•..1040 2. Suits against state officials.1041 3. Immunity here.1043 a. The ADA and RA claims.1043 b. The ...
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Memorandum and Order The State of Nebraska, various state agencies, and individual state employees sued in their official and individual capacities (state-defendants), have filed a motion to dismiss this case. In this opinion, I deal with the motion to dismiss directed at the suit brought by the private corporations. For the reasons set forth below, I grant the motion in part and deny it ...
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ORDER Pending before the Court in the above-styled civil action is the Plaintiffs Motion For Summary Judgment On Count III Of The Complaint, which was filed herein on June 25, 1999. In his Motion, the Plaintiff requests that the Court interpret certain notice-giving provisions of the Commercial Infectious Medical Waste Facility Siting Approval Act, W. Va.Code § 20-5K-1, et seq. 1 The Plai...
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MEMORANDUM AND ORDER Plaintiff Velsicol Chemical Corporation (“Velsicol”) initiated this private party cost recovery action against Defendant Reilly Industries, Inc (“Reilly”), pursuant to the Comprehensive Environment Response, Compensation and Liability Act of 1980 (“CERCLA”), as amended by the Superfund Amendments and Reauthorization Act of 1986 (“SARA”), 42 U.S.C. §§ 9601-9675. Th...
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MEMORANDUM Plaintiff, presently an inmate at the State Corrections Institution at Albion, filed this pro se civil rights complaint against nine Department of Corrections (“DOC”) officials: Mahanoy Superintendent Martin L. Dragovich, Mahanoy Deputy Superintendent Edward Klem, Maha-noy Unit Manager James Unell, Mahanoy Counselor John L. Johnson, Mahanoy Security Officer John Doe, DOC Se...
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DECISION and ORDER Indictment number 99-CR-6027 was filed against the defendant on April 6, 1999, charging him with three counts, all in violation of 18 U.S.C. § 922(g)(1) and § 924(a)(2). The defendant brought a Notice of Motion dated June 2, 1999 seeking various forms of relief. The Government filed a response dated June 18,1999 in opposition to the defendant’s motion. The Court heard oral ar...
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64 F. Supp. 2d 1272 (1999) Richard and Miriam WARNER, Souhail Karram, Ian and Bobbie Payne, Carrie Monier, Marie and Louise Riccobono, Emil and Eleanor Danciu, and Joanne Davis, individually and on behalf of all others similarly situated, Plaintiffs, v. THE CITY OF BOCA RATON, a Florida municipal corporation, Defendant. No. 98-8054-CIV-RYSKAMP. United States District Court, S.D. Florida, Northern...
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OPINION AND ORDER Plaintiff Nippon Fire & Marine Insurance Co., Ltd. (“Nippon”) was the insurer of three shipments made by Toshiba America Information Systems, Inc. (“Toshiba”) through Skyway Freight Systems, Inc. (“Skyway”). In each of the first two shipments, Skyway subcontracted with another carrier—U.S. Airways, Inc. (“USAir”) on the first shipment and United Air Lines,...
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OPINION AND ORDER Plaintiff John Gil Construction, Inc. (“JGC”) seeks a temporary restraining order and a prehminary injunction compelling The New York City School Construction Authority (the “SCA”, the “authority” or “defendant”) to revoke (1) its suspension of plaintiffs prequalified bidder status; (2) its suspension of plaintiffs right to work on SCA projects; and (3) its award to ...
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OPINION Defendants Getty Petroleum Marketing, Inc. (“Getty Petroleum”), Getty Properties Corp. (“Getty Properties”), and Getty Realty Corp. (“Getty Realty”) (collectively, “Getty”), as well as Leemilt’s Petroleum, Inc. (“Leemilt’s”), and The Tyree Organization, Ltd. (“Tyree”) have moved pursuant to Rules 12(b)(1), 12(b)(6), and 56(b) of the Federal Rules of Civil Procedure to dismiss ...
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MEMORANDUM & ORDER Defendants move to dismiss plaintiffs’ complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure based upon plaintiffs’ alleged failure to exhaust the administrative claims process provided by their insurance plans. Defendants also request that attorney fees be awarded pursuant to 29 U.S.C. § 1132(g)(1). Plaintiffs argue that they are excused from the ...
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65 F. Supp. 2d 1093 (1999) William Michael DENNIS, Petitioner, v. Jeanne S. WOODFORD, Acting Warden, Respondent. No. C-98-21027-JF. United States District Court, N.D. California, San Jose Division. September 16, 1999. Peter Giannini, Law Offices of Peter Giannini, Los Angeles, CA, for petitioner. Martin Kaye, Deputy Attorney General, San Francisco, CA, for respondent. ORDER DENYING WITHOUT PREJU...
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64 F.Supp.2d 354 (1999) NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES and New Jersey Builders Association, Plaintiffs, v. State of NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION and Robert C. Shinn, Jr., Commissioner of the Department of Environmental Protection, Defendants. No. CIV.A.98-2514 (GEB). United States District Court, D. New Jersey. August 12, 1999. *355 Paul H. Schneid...
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OPINION This matter comes before the Court upon the motion of defendants, Mercer County, Mercer County Detention Center, Warden Patrick McManimon and Captain Mamie Sapp (collectively the “County Defendants”), for summary judgment on the plaintiffs amended complaint. For the reasons set forth in this Memorandum Opinion, the defendants’ motion is granted. I. BACKGROUND On August 5, 1997, plai...
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64 F.Supp.2d 466 (1999) John BAKER, Margaret Baker, Elaine Coopersmith And Arnold Coopersmith, on behalf of themselves and all others similarly situated v. SUMMIT BANK. No. Civ.A. 99-2010. United States District Court, E.D. Pennsylvania. September 17, 1999. Ellen Meriwether, J. Dennis Faucher, Miller, Faucher, Cafferty and Wexler, LLP, Philadelphia, PA, John F. Innelli, Innelli and Molder, Philad...
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MEMORANDUM OPINION AND ORDER This matter comes before the court on a motion by plaintiff Susan Elizabeth Hunter Kline to remand this action to the Circuit Court of Mobile County, Aabama. Defendant Avis Rent A Car System, Inc. (“Avis”) opposes the motion. After carefully reviewing the law and considering the submissions of the parties, 1 the court concludes that Kline’s moti...
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OPINION AND ORDER DENYING DEFENDANT’S MOTIONS TO SUPPRESS EVIDENCE OF WAR-RANTLESS SEARCH AND TO DISMISS COUNT II OF INDICTMENT I. INTRODUCTION Defendant Johnny Lee Brown was indicted on November 5, 1998 on two counts *927 of felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Count I charges Defendant with possessing a Lor-cin pistol on May 1...
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64 F. Supp. 2d 374 (1999) Bennett RITTER, Plaintiff, v. THE CLINTON HOUSE RESTAURANT, Sidrounda LLC, Pandelis Gialias, Mary Ann Gialias and Peter Giacoumpoulis, Defendants. Civil Action No. 96-3091(MLC). United States District Court, D. New Jersey. September 27, 1999. *375 *376 Anthony J. Brady, Jr., Voorhees, NJ, for Plaintiff. Donald E. Souders, Jr., Phillipsburg, NJ, for Defendant Clinton Hous...
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64 F. Supp. 2d 902 (1999) Lisa KNIGHT, Plaintiff, v. CENDANT CORPORATION and Continental Casualty Company, Defendants. No. 97-3041. United States District Court, D. South Dakota, Central Division. June 29, 1999. Charles Rick Johnson, Johnson, Eklund, Nicholson, Peterson & Fox, Gregory, SD, for plaintiff. *903 Brett M. Koenecke, Schmidt, Schroyer & Moreno, Pierre, SD, for Cendant Corporati...
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MEMORANDUM OPINION AND ORDER Both Home Insurance Company (“Home”) and Risk Enterprise Management, Limited (“Risk Enterprise”) have filed motions to dismiss the Counterclaim advanced against each of them by Three I Truck Line, Inc. (“Three I”). Because nothing that Home and Risk Enterprise can say in reply can diminish the force of the controlling authorities that have been adduced by Three I ...
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RULING ON MOTION IN LIMINE TO EXCLUDE NACHMAN BRAUTBAR AS AN EXPERT WITNESS This matter is before the court on the motion of limitation plaintiffs Ingram Barge Company and Ingram Ohio Barge Company (Ingram) to exclude Dr. Nachman Brautbar as an expert witness. Record document number 3818. The motion is opposed. In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L....
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64 F. Supp. 2d 1003 (1999) Kellie KLOVER, Susan Klover, and Steven Klover, Plaintiffs, v. ANTERO HEALTHPLANS a/k/a Mutual of Omaha of Colorado, Inc., a Colorado corporation, f/k/a Mutual of Omaha and Primera, Inc., f/k/a Mutual of Omaha of Colorado and Primera, Inc., f/k/a Exclusive Healthcare of Colorado, Inc.; Mutual of Omaha Health Plans, Inc., a Nebraska corporation; Mutual of Omaha Insurance...
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MEMORANDUM DECISION ON APPEAL Vergie Burks (Vergie) filed this action seeking judicial review of the administrative decision of the Defendant, Commissioner of Social Security, denying her application for widow’s insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401^433. I heard oral argument on the appeal on July 29,1999. I.Standard for Review Generally, ...
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MEMORANDUM OPINION AND ORDER Before the court is Plaintiffs Motion To Remand (“Pl.’s Mot.”), filed July 29, 1998. Contained in said Motion is Plaintiffs request for attorneys’ fees, which the court construes as a Motion For Attorneys’ Fees. Defendant filed its Opposition To Plaintiffs Motion To Remand, which the court construes as Defendant’s Response (“Def.’s Resp.”), on September 2,...
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64 F. Supp. 2d 599 (1999) Charles E. PECK, Plaintiff, v. Lewis MERLETTI, et al., Defendants. No. CIV.A. 3:99CV291. United States District Court, E.D. Virginia, Richmond Division. September 14, 1999. *600 Charles E. Peck, Jr., Fredericksburg, VA, pro se. M. Hannah Lauck, United States Attorney's Office, Richmond, VA, for Lewis Merletti, Director, United States Secret Service, defendants. MEMORAND...
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MEMORANDUM OPINION AND ORDER Before the court is defendant Michael Sheahan’s (“Sheahan”) motion to dismiss plaintiff Frederick Burton’s (“Burton”) complaint for failure to state a claim under FedeRal Rule Of Civil Prooedure 12(b)(6). In his complaint, Burton, a correctional officer, attempts to state a claim under 42 U.S.C. § 1983 against Michael Sheahan in his official capacity as Sheriff of C...
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MEMORANDUM OPINION & ORDER Before the court is Plaintiff BellSouth Telecommunications, Inc.’s (“BellSouth”) Petition For Judicial Review And Complaint For Declaratory Judgment And Other Relief (“Petition”), filed on March 22,1999. Also before the court is a Joint Memorandum Of Law For Reconsideration And In Opposition To Motion Of BellSouth Telecommunications, Inc. To Stay Order O...
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64 F. Supp. 2d 398 (1999) WATERLOOV GUTTER PROTECTION SYSTEMS CO., INC., Plaintiff, v. ABSOLUTE GUTTER PROTECTION, L.L.C., Charles Knight, William Gumpper, Gumpper's Gutter Service, Ray Vandergrift, Nelson Sensenig, individually and as agent of Sensenig Spouting and White Oak Mfg., L.L.C., Defendants, v. Richard L. Kuhns, Charles Lee Thomason, Raymond R. Moser, Jr., Emon J. Wall, and Thomason &am...
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64 F. Supp. 2d 1346 (1999) BRIGGS & STRATTON CORPORATION, Plaintiff, v. ROYAL GLOBE INSURANCE COMPANY, now known as Royal Insurance Company of America; and Transcontinental Insurance Company, Defendants. No. 5:97-CV-569-2(WDO). United States District Court, M.D. Georgia, Macon Division. September 23, 1999. *1347 Daniel S. Reinhardt, David C. Vigilante, Brad L. Schoenfeld, Eric A. Szweda, Atla...
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64 F.Supp.2d 1304 (1999) Ashley A. MORGAN, Plaintiff, v. FELLINI'S PIZZA, INC., Michael J. Tenner, and Brett Yasko, Defendants. No. CIV.A. 1:97-CV-3872-JTC. United States District Court, N.D. Georgia, Atlanta Division. March 30, 1999. *1305 *1306 *1307 R. Ann Grier, Mozley Finlayson & Loggins, Atlanta, GA, for Ashley Morgan, plaintiff. Marvin Dewayne Dikeman, Samuel Robinson Arden, W...
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MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendants’ Motion for Summary Judgment, pursuant to Federal Rule of Civil Procedure 56. For the reasons set forth below, Defendants’ Motion for Summary Judgment is granted. FACTS I. Background Facts Thomas J. Moriarty is a Trustee and a fiduciary for the Local Union No. 727 I.B.T. Pension Trust and the Teamsters Local Union N...
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MEMORANDUM OPINION This is a prosecution for the knowing and willful use of a false passport in violation of 18 U.S.C. § 1543. Pretrial motions presented, inter alia, the following two questions: (i) whether 18 U.S.C. § 1543 applies to foreign as well as United States passports, and (ii) whether defendant may assert a defense of duress based on fear of persecution in Cameroon. I ...
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61 F.Supp.2d 473 (1999) FS PHOTO INC., Larry G. Settle, and David G. Settle, Plaintiffs, v. PICTUREVISION INC., Philip G. Garfinkle, Yaacov Ben-Yaacov, Ed Glassmeyer, and Robert Kagle, Defendants. No. CIV. A. 99-592-A. United States District Court, E.D. Virginia, Alexandria Division. September 24, 1999. *474 *475 William Lewis Stauffer, Jr., Stauffer, Mannix, Rommel, Decker & Dulaney, L.L.C.,...
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MEMORANDUM AND ORDER By Report and Recommendation dated August 6, 1999 (the “Report”), Magistrate Judge Grubin recommended that the above petition for a writ of habeas corpus be denied. No timely objections having been filed, and upon consideration of the Report, this Court accepts the recommendation of the Magistrate Judge. The petition is dismissed. SO ORDERED. REPO...
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OPINION This action was brought by the Plaintiffs, inTEST Corporation and inTEST IP Corp. against the Defendant, Reid-Ash-man Manufacturing, Inc. for infringement of U.S.Patent No. B1 4,589,815. By agreement of the parties, cross-motions for summary judgment have been submitted on the issue of intervening rights. For the reasons set forth below, the Court concludes that the Defendant ...
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65 F. Supp. 2d 564 (1999) Jacqueline PALMER v. WAL-MART STORES, INC., Sam's Club, Inc. and Jon Ainsworth. No. CIV. A. G-99-523. United States District Court, S.D. Texas, Galveston Division. September 22, 1999. *565 Gregory W. Allen, Bieganowski & Allen, Houston, TX, for Jacqueline Palmer, plaintiff. Alan N. Magenheim, Magenheim, Bateman, Robinson, Wrotenbery & Helfand, Houston, TX, for Wa...
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ORDER Pending before the Court is Defendant Mario Enrique Hernandez-Landaverde’s (“Hernandez”) Motion to Dismiss the Indictment. Having considered the motions, submissions of the parties and the applicable law, the Court determines that Hernandez’s motion to dismiss the indictment should be denied. On March 9, 1996, Hernandez was deported to his native El Salvador from Houston, T...
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64 F. Supp. 2d 647 (1999) Earl ADAMS, Plaintiff, v. UNITED STATES of America Defendant. No. CIV. A. G-98-088. United States District Court, S.D. Texas, Galveston Division. September 23, 1999. *648 Richard Lee Melancon, Melancon and Hogue, Friendswood, TX, for Earl Adams, plaintiffs. William Brad Howard, Office of U.S. Attorney, Houston, Nicole L Streeter, U.S. Dept of Justice, Washington, DC, for...
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ORDER GRANTING MOTION TO REMAND On June 10, 1999, Plaintiff filed this deceptive trade practices suit as a class action in the 239th Judicial District Court of Brazoria County, Texas. Defendants timely removed the case to this Court on July 12, 1999. Now before the Court is Plaintiffs Motion to Remand. For the reasons set forth below, this motion is GRANTED. Defendant removed the...
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ORDER DENYING MOTION TO TRANSFER VENUE This is a personal injury case arising under the Jones Act and general maritime law. Plaintiff was allegedly injured on June 5, 1996 while working aboard the “Blake 24”, a barge workover rig situated in Terrebonne Parish, Louisiana. Now before the Court is Defendant’s Motion to Transfer Venue of August 23, 1999. For the reasons set forth below, t...
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MEMORANDUM AND ORDER Pending before the court is Defendant Albertson’s, Inc.’s (“Albertson’s”) Motion for Interlocutory Summary Judgment (# 23), Plaintiff Weingarten Realty Investors’s (“Weingarten”) Motion for Partial Summary Judgment (# 31), and Plaintiff Weingarten’s Motion for Summary Judgment on all Liability Issues (# 41). Having reviewed the pending motions, the submissions of the ...
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64 F.Supp.2d 1033 (1999) Jimmy SEARLES, Plaintiff, v. Durward A. VAN BEBBER, Defendant. No. Civ.A. 96-3515-KHV. United States District Court, D. Kansas. July 27, 1999. *1034 *1035 MEMORANDUM AND ORDER VRATIL, District Judge. This matter comes before the Court on Plaintiff's Motion For Attorneys' Fees Pursuant To 42 U.S.C. § 1988 (Doc. # 91) filed March 5, 1999. Plaintiff brought suit against d...
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MEMORANDUM AND ORDER Outdoor Systems, Inc., an outdoor advertising company, leases billboards throughout the Kansas City metropolitan area. Outdoor Systems filed suit against the City of Lenexa, Kansas, a suburb of Kansas City, alleging that its sign ordinance signs is unconstitutional. The matter is before the Court on Defendant’s Motion For Summary Judgment (Doc. # 30) filed ...
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68 F. Supp. 2d 1 (1999) John M. McCAMBRIDGE, Petitioner, v. Timothy HALL, Superintendent, Respondent. Civil Action No. 99-12059-WGY. United States District Court, D. Massachusetts. September 8, 1999. John M. McCambridge, Norfolk, MA, pro se. Cathryn A. Neaves, Attorney General's Office, Boston, MA, for Timothy Hall. MEMORANDUM AND ORDER YOUNG, Chief Judge. I. Introduction. John M. McCambridge ...
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OPINION Factual Background Plaintiff Valley National Bank (“Valley”) owns all of the shares of plaintiff Wayne Title, Inc. (“Wayne”). Valley acquired Wayne to allow it to sell insurance products. Defendant Jaynee LaVecchia (“the Commissioner”) is the Commissioner of the New Jersey Department of banking and Insurance (“the Department”). Valley has opened a branch in Riverdale...
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MEMORANDUM AND ORDER On April 6, 1999, the Court denied defendant’s Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence By A Person In Federal Custody (Doc. # 116) filed April 27,1998. See Memorandum And Order (Doc. # 140). This matter comes before the Court on the Motion of Defendant (Doc. # 141) filed April 14, 1999 to alter or amend that judgment.1 Also before the Court is...
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*1229 MEMORANDUM AND ORDER This matter comes before the Court on the Motion For Reconsideration of Defendant City of Olathe (Doc. # 57) filed June 30, 1999. The City asks the Court to reconsider certain aspects of the Memorandum and Order (Doc. # 54) filed June 23, 1999, specifically: (1) the Court’s finding that when it denied Keys’ request to operate a...
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MEMORANDUM AND ORDER ON MOTION FOR DISCOVERY RELATIVE TO DRUG TESTING (# 884) Rule 16(a)(1)(E), Fed.R.Crim.P.,1 provides, in pertinent part: (E) Expert Witnesses. At the defendant’s request, the government shall disclose to the defendant a written summary of testimony that the government intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence during its casein-chief at trial...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff Marie-Therese Leicht (“Leicht”) is suing her employer, Hawaiian Airlines, Inc. (“Hawaiian”). Leicht says that Hawaiian violated the Age Discrimination in Employment Act (“ADEA”) and the Americans With Disabilities Act (“ADA”) by permanently filling her former position when she was on an indefinite leave of absence underg...
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ORDER This matter is before the Court on the parties’ cross-motions for summary judgment. In this case, two firefighters from the City of Coon Rapids (the “City”) allege that the City’s policy regarding military leave conflicts with various state and federal statutes. They bring this action against the City and Timothy Farmer, in his official capacity as the Fire Chief of the City, asking...
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64 F. Supp. 2d 1084 (1999) Jason QUINN, Plaintiff, v. CITY OF KANSAS CITY, KANSAS, et al., Defendants. No. Civ.A. 98-2236-KHV. United States District Court, D. Kansas. August 19, 1999. *1085 Catherine A. Donnelly, Vleisides, Donnelly & O'Leary, John W. Kurtz, Hubbard Kurtz Taylor Maloney, L.L.P., Kansas City, MO, for Plaintiff. Douglas M. Greenwald, Daniel B. Denk, McAnany, Van Cleave & p...
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60 F. Supp. 2d 1234 (1999) Henry LAY, Plaintiff, v. HORIZON/CMS HEALTHCARE CORPORATION d/b/a Indian Meadows Nursing Center, Inc., Defendant. Civ. A. No. 98-2295-KHV. United States District Court, D. Kansas. August 19, 1999. *1235 *1236 Bruce C. Jackson, Jr., Jason M. Pottenger, Yonke, Arnold, Newbold & Regan, P.C., Kansas City, MO, for Plaintiff. John J. Yates, Robert J. Hoffman, Bryan Cave L...
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AMENDED MEMORANDUM OPINION AND ORDER In this action, Plaintiffs seek declaratory and injunctive relief, enjoining the Minnesota Lawyers Professional Responsibility Board (“Lawyers Board”), the Minnesota Office of Lawyers Responsibility (“Office of Professional Responsibility”) and the Minnesota Board of Judicial Standards (“Judicial Board”) from enforcing sections of Canon 5 of the Code o...
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64 F.Supp.2d 1105 (1999) MATOSANTOS COMMERCIAL CORPORATION, Plaintiff, v. APPLEBEE'S INTERNATIONAL, INC., Defendant/Third Party Plaintiff, v. Apple Development Associates, II, L.P., Peter W. Feldman and Henry Derooy, Third Party Defendants. Civ. A. No. 99-2105-KHV. United States District Court, D. Kansas. August 26, 1999. *1106 Bruce Keplinger, Timothy S. Davidson, Norris & Keplinger, L.L.C.,...
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MEMORANDUM AND ORDER Plaintiff Cognex Corporation (“Cognex”) filed this patent action against defendant Lemelson Medical, Education & Research Foundation, Limited Partnership (“Lemel-son”) seeking a declaratory judgment of non-infringement, invalidity and unen-forceability. Pending before this Court are the motions of Lemelson to 1) re-transfer the case to the Eastern Section o...
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MEMORANDUM AND ORDER On September 9, 1998, plaintiff Mark Williams (“Williams”) brought this action against his former employer, defendant Astra USA, Inc. (“Astra”), alleging a hostile work environment claim under Title VII of the Civil Rights Act of 1964, as amended, (Count I), constructive discharge/wrongful termination (Count II), breach of contract/estoppel (Count III), breach of impl...
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MEMORANDUM AND ORDER Plaintiff Eyleen Matias-Gonzalez (“Ma-tias-Gonzalez” or “Plaintiff’) brings this action to review the dismissal by Defendant Kenneth S. Apfel, Commissioner of the Social Security Administration (“SSA”) (“Defendant” or “the Commissioner”) of her claim for benefits under Title XVI of the Social Security Act (“the Act”). Pending before this Court are 1) a motion by Defendant t...
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64 F. Supp. 2d 1125 (1999) Jose FIGUEROA, individually and on behalf of the heirs of Rodrigo Figueroa; Rafael Figueroa, Iryana Figueroa, Paulina Figueroa, Karla Figueroa, and Jose Figueroa, Jr., Plaintiffs, v. UNITED STATES of America, and S & L Services, Inc., Defendants. No. 1:97-CV-003J. United States District Court, D. Utah, Northern Division. February 5, 1999. *1126 *1127 James R. Haseny...
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MEMORANDUM AND ORDER Outdoor Systems, Inc. is an outdoor advertising company which leases billboards throughout the Kansas City metropolitan area. It filed suit against the City of Merriam, Kansas, a suburb of Kansas City, alleging that its sign ordinance is unconstitutional. This matter is before the Court on Plaintiff’s Motion For Summary Judgment (Doe. # 13) filed March ...
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MEMORANDUM AND ORDER Ramada Franchise Systems, Inc., brings this action against Tresprop, Ltd. and Donald P. Boos, claiming trademark infringement and breach of a license agreement. On February 9,1999, defendants filed a counterclaim which alleged that plaintiff fraudulently induced defendants to enter into the franchise license agreement. See Answer And Counterclaim (Doc. # 10). This matter co...
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MEMORANDUM AND ORDER Joseph P. Amro, a senior engineer currently employed by The Boeing Company, brings suit for race, color and national origin discrimination and retaliation in violation of 42 U.S.C. § 2000e (Title VII) and 42 U.S.C. § 1981, and disability discrimination in violation of the Americans With Disabilities Act (ADA), 42 U.S.C. § 12101. This matter comes before the Court ...
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64 F. Supp. 2d 1042 (1999) Curtis HENRY, et al., Plaintiffs, v. BOARD OF LEAVENWORTH COUNTY, COMMISSIONERS, et al., Defendants. No. Civ.A. 98-2476-KHV. United States District Court, D. Kansas. August 4, 1999. *1043 *1044 Sulaimon Adebayo Hassan, Hassan Law Firm, Chartered, Kansas City, KS, for Plaintiffs. Michael T. Jilka, Wendell F. Cowan, Jr., Shook, Hardy & Bacon L.L.P., Barry E. Warren, W...
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This matter comes before the Court on Defendants Theodore G. Gendron, Jon-Michael Gendron And Northeast Service And Inspections, Inc. Motion To Dismiss Counts I and II of Plaintiffs’ Amended Complaint, Or, In The Alternative. To Change Venue (Doc. # 23) filed March 16, 1999, and Plaintiffs’ Motion To Strike Defendants’ Reply to Plaintiffs’ Response in Opposition To Defendants’ ...
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MEMORANDUM AND ORDER Plaintiff filed suit against his current employer, the United States Postal Service, seeking damages for retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e et seq., and discrimination under the Age Discrimination and Employment Act (“ADEA”), 29 U.S.C. § 621 et seq. On June 7, 8 and 9, 1999, plaintiffs retaliation claim was tried to a jury and p...
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*1199 MEMORANDUM AND ORDER Plaintiff brings suit under 42 U.S.C. § 1983, alleging that defendants violated his constitutional rights by reducing his inmate incentive level after he refused to enter into a recommended rehabilitation program at Hutchinson Correctional Facility. This matter comes before the Court on plaintiffs “[Motion For Preliminary Injunction And Tempor...
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MEMORANDUM AND ORDER On June 9, 1999, the Court remanded this case for lack of subject matter jurisdiction. See Memorandum & Order (Doc. # 37). This matter comes before the Court on the motion for reconsideration which Andrx Pharmaceuticals, Inc. (“Andrx”) filed on June 14, 1999 and plaintiffs motion for sanctions arising from the filing of the motion for reconsideration. ...
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MEMORANDUM AND ORDER This matter is before the Court on plaintiffs Motion for Judgment (Doc. # 10) filed April 1, 1999. Plaintiff brings suit under 42 U.S.C. § 405(g), seeking judicial review of the Commissioner’s decision to deny her benefits under the Social Security Act (“SSA”). For reasons set forth below, plaintiffs motion will be overruled and the Commissioner’s decision will be affirmed....
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MEMORANDUM AND ORDER Brian K. Spradley brings suit against his former employer, Custom Campers, Inc., for discrimination in violation of 42 U.S.C. § 2000e et seq. (Title VII), disability discrimination in violation of the Americans With Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and retaliatory discharge under the Kansas Workers’ Compensation Act, K.S.A. ...
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CORRECTED MEMORANDUM OPINION ON QUALIFIED IMMUNITY This civil rights case is based on allegations of conduct by United States Customs inspectors in the performance of their official duties which a jury could find outrageous. Proceeding from no more than a race-based “profile” and vindictiveness because of her silent reaction to the treatment of another African traveler, they subj...
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OPINION Plaintiffs Estee Lauder Inc., Origins Natural Resources Inc., Clinique Laboratories, Inc., and Prescriptives, Inc. (“Plaintiffs”) have moved, pursuant to Federal Rule of Civil Procedure 12(f), to strike Defendant Excite Inc.’s (“Excite”) Tenth Affirmative Defense of “trademark misuse,” and, pursuant to Federal Rule of Civil Procedure 26(c), for a protective order precluding discovery co...
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MEMORANDUM & ORDER The plaintiff, Laquila Construction, Inc. and Pinnacle Concrete Corp. (“Laquila”), a joint venture, commenced this suit on August 19, 1998 seeking a declaration of coverage under an insurance policy issued by the defendant, Travelers Indemnity Company of Illinois (“Travelers”). Pursuant to Rule 56 of the Federal Rules of Civil Procedure, the defendant now moves for ...
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MEMORANDUM AND ORDER Plaintiff, asserting a class, commenced this action on behalf of holders of USA Networks’ stock in New York State court, alleging that a certain press release of USA constituted a breach of fiduciary duty under Delaware law. Defendants removed to federal court, arguing that this was under federal law a) a “covered security”, b) the claim actually alleges a misrepresentati...
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MEMORANDUM AND ORDER Before the Court is Defendants/Third Party Plaintiffs’ motion for partial summary judgment dismissing Counts Three through Seventeen of the Complaint and granting affirmative relief on Counts One, Two, Eight and Fifteen of their Counterclaim. For the reasons set forth below, Defendants’ motion is denied. BACKGROUND On December 3, 1996, Plaintiff AM Cosmetics ...
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79 F. Supp. 2d 896 (1999) Diane Weaver HARVEY, Plaintiff, v. NATIONAL ACTION FINANCIAL SERVICES, INC., and John Does 1-10, Defendants. No. 99 C 2191. United States District Court, N.D. Illinois, Eastern Division. September 7, 1999. *897 Cathleen M. Combs, Daniel A. Edelman, James O. Latturner, Christopher Russell Zink, Edelman, Combs & Latturner, Chicago, IL, for plaintiff. David Matthew Schu...
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64 F.Supp.2d 754 (1999) CONAGRA, INC. Plaintiff, v. ARKWRIGHT MUTUAL INSURANCE CO. and The Hobbs Group, Inc., Defendants. No. 95 C 3738. United States District Court, N.D. Illinois, Eastern Division. September 10, 1999. *755 *756 *757 Gerald G. Saltarelli, Michael A. Stick, Butler, Rubin, Saltarelli & Boyd, Chicago, IL, Pamela K Black, McGrath, North, Mullin & Kratz, Omaha, NE, John E. No...
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MEMORANDUM OPINION AND ORDER Dinesh Anand, debtor in bankruptcy, transferred his interest in a land trust to Republic National Bank in July 1992, a few months before filing a Chapter 11 bankruptcy petition. He seeks to avoid the transfer based on the constructive fraud provisions of the Bankruptcy Code, under which a debtor may avoid a transfer if, inter alia, “the debtor r...
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78 F. Supp. 2d 748 (1999) Barbara F. RIAD, as Executrix of the Estate of Nady F. Riad, deceased, Plaintiff, v. 520 S. MICHIGAN AVENUE ASSOCIATES LTD., 520 South Michigan Avenue Corporation, d/b/a Congress Hotel, Albert Nasser, and Shlomo Nahmias, Defendants. No. 97 C 2488. United States District Court, N.D. Illinois, Eastern Division. September 7, 1999. *749 MEMORANDUM AND ORDER MORAN, Senior ...
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MEMORANDUM OPINION AND ORDER Plaintiff, Judith Thompson, brought this action based on allegations of a price-fixing conspiracy among urologists in the Chicago-land area who perform lithotripsy and related services. Defendant Parkside Kidney Stone Center, with facilities in Park Ridge and LaGrange, Illinois, performed more than 2,600 lithotripsy procedures in 1995; allegedly 68% of all such proced...
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MEMORANDUM & ORDER This action arises out of an incident involving the Plaintiff pro se, Barbara Holland (“Holland”), and Court Security Officer (“CSO”) William Ingino, an employee of the Defendant, Pinkerton’s Inc., s/h/a Pinkerton Security (“Pinkerton’s”). Holland claims that Ingino, a CSO at the United States Courthouse (“Courthouse”) at 500 Pearl Street, New York, N.Y. forcibly and unlawful...
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ORDER These cases were referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1), following removal from state court. Plaintiffs filed motions to remand Moore v. Westinghouse, 97-CV-997A, on January 21, 1998 and May 12, 1998; and to remand Weigel v. Westinghouse, 97-CV-977A on May 1, 1998. On February 12, 1999, Magistrate Judge Leslie G. ...
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DECISION AND ORDER Kevin Brown (“Brown” or “Plaintiff’) filed this pro se civil rights action on or about April 29, 1998, against Dr. Norman Selwin, Dr. John Bendhein, Dr. Narendra Kotecha, Dr. George Owens, Physician Assistant Jean Carbone (the “State Defendants”), St. Francis Hospital and St. Agnes Hospital (together with the State Defendants, the “Defendants”) pursuant t...
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ORDER This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1), on February 16, 1996. On November 5, 1997, defendants filed a motion for partial summary judgment on statute of limitations grounds. On February 12, 1999, Magistrate Judge Foschio filed a Report and Recommendation, recommending that defendants’ motion for partial summary judgment should ...
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MEMORANDUM DECISION AND ORDER Plaintiffs, five police officers with the Poughkeepsie police department, commenced this action against the City of Poughkeepsie (the “City”), and Mayor of the City, Collette LaFuente, pursuant to 42 U.S.C. § 1983, alleging violations of their First Amendment Rights to petition the government and to freedom of association, and their Fourteenth Amendment right...
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Plaintiff-appellant Orange Boat Sales, Inc. appeals from an order of Bankruptcy Judge Jeremiah E. Berk entered on March 2, 1999 in which Judge Berk denied plaintiffs motion to, (1) extend or reopen the time for completion of discovery by plaintiff; (2) compel discovery concerning responses to interrogatories and production of documents and/or for an order of preclusion, and (3) strike a demand fo...
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ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Petition and other papers along with the attached Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, as well as petitioner’s objections, and has made a de novo determination. IT IS ORDERED that (1) the Report ...
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MEMORANDUM AND ORDER This section 1983 action involves an array of claims under the First, Eighth and Fourteenth Amendments based on the conditions of confinement, and in particular the practice of double-celling inmates, at thirteen maximum security correctional facilities in New York. Defendants move for an order, pursuant to Fed.R.Civ.P. 12(b)(6), dismissing the second consolidated and amend...
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MEMORANDUM and ORDER The above individuals (“the defendants”), twenty-nine in all, are charged in and by a Superceding Indictment 1 filed April 28, 1998, with having conspired to possess particular controlled substances with the intention to distribute the same and with distributing such. Further, certain of the defendants are charged with— non-eonspiratorially — distributing p...
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75 F.Supp.2d 982 (1999) UNITED STATES of America, Plaintiff, v. FINDETT CORPORATION, et al., Defendants. No. 4:97CV1557 CDP. United States District Court, E.D. Missouri, Eastern Division. September 15, 1999. *983 Edward L. Dowd, Jr., Maria C. Sanchez, Office of U.S. Atty., St. Louis, MO, Baerbel E. Schiller, U.S. E.P.A., Kansas City, KS, Daniel S. Jacobs, U.S. Dept. of Justice, Environmental Enfo...
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64 F.Supp.2d 593 (1999) Yvonne STRINGFIELD, Plaintiff, v. CHRISTOPHER NEWPORT UNIVERSITY, and The Board of Visitors, Defendants. No. Civ.A.4:99CV26. United States District Court, E.D. Virginia, Newport News Division. September 14, 1999. Yvonne Stringfield, pro se. Ashley L. Taylor, Jr., Ronald C. Forehand, William E. Thro, Office of the Attorney *594 General, Richmond, VA, for defendants. OPINIO...
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61 F. Supp. 2d 798 (1999) Jeffrey HODES, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant. No. 99 C 1704. United States District Court, N.D. Illinois, Eastern Division. September 1, 1999. *799 *800 *801 Barry Alan Schultz, Schultz & Winick, PC, Evanston, IL, for Jeffrey J. Hodes, plaintiff. James John Kubik, United States Attorney's Office, Chicago, IL, for Kenneth S...
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54 F.Supp.2d 677 (1999) John W. CHANEY v. HOBART INTERNATIONAL, INC., et al. No. CIV. A. 98-665. United States District Court, E.D. Louisiana. April 21, 1999. *678 S. Stuart Eilers, Thompson, Hine & Flory, Cleveland, OH, Thomas J. Corrington, The Corrington Law Firm, New Orleans, LA, for John W Chaney, plaintiff. Janice Bertucci Unland, Law Offices of John J. Rabalais, John Joseph Rabalais, L...
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75 F.Supp.2d 995 (1999) UNITED STATES of America, Plaintiff, v. FINDETT CORPORATION, et al., Defendants. No. 4:97CV1557 CDP. United States District Court, E.D. Missouri, Eastern Division. September 15, 1999. *996 *997 Edward L. Dowd, Jr., Maria C. Sanchez, Office of U.S. Atty., St. Louis, MO, Baerbel E. Schiler, U.S. Environmental Protection Agency, Kansas City, KS, Daniel S. Jacobs, U.S. Dept. o...
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MEMORANDUM OPINION Plaintiff has appealed the bankruptcy court’s judgment for defendants on partial findings. For the reasons explained below, the bankruptcy court’s judgment is affirmed. 1 BACKGROUND Kids Creek Partners, L.P. (“KCPLP”), is a Michigan limited partnership and the debtor in the Chapter 7 bankruptcy case that gives rise to this appeal. Plaintiff-App...
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MEMORANDUM A bail bond company has sued a rival for, inter alia, trademark infringement, and has filed a motion for a preliminary injunction to stop it. The rival has moved to dismiss. This memorandum will constitute our findings of fact and conclusions of law under Fed.R.Civ.P. 52(a) as to the preliminary injunction motion. For the reasons that follow, we will deny bo...
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61 F. Supp. 2d 407 (1999) Joseph BENEVENTO, Drew W. Krapf, Esther Rosenblum, Bruce C. Compaine, Edward Maze and Rita Baskin, Plaintiffs for themselves and all other similarlysituated annuity purchasers, v. LIFE USA HOLDING, INC., Defendant. No. CIV. A. 97-CV-7827. United States District Court, E.D. Pennsylvania. September 29, 1999. *408 *409 *410 *411 John M. Elliott, Thomas J. Elliott, Timothy T...
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45 F.Supp.2d 1332 (1999) IRONWORKERS LOCAL UNION NO. 808; Ironworkers Local Union No. 808 Pension Fund; Ironworkers Local Union No. 808 Annuity Fund; Ironworkers Local Union No. 808 Apprenticeship Fund; Wade A. Ivey, Billy E. Sheffield, Phillip Coxwell, Steve Parker, David Kitchens and Stanley Dvorak, Jr, as Trustees of the Trust Funds; and the Southeastern Iron Workers Welfare Fund, Plaintiffs, ...
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OPINION Defendants Ampton Investments, Inc. (“Ampton”) and Laurence N. Strenger (“Strenger”) (collectively “A & S”) have again moved to stay this action brought by plaintiff Wiggin & Co. (“Wiggin”). For the reasons set forth below, the motion to stay is granted, with leave granted to Wig-gin to move to dissolve upon any of the conditions described below. The Parties Wigg...
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MEMORANDUM OPINION Pending is Defendants’ Amended Rule 60(b) Motion (Document No. 286), to which Plaintiff MMAR Group, Inc. has filed its Response in Opposition. Defendants’ motion was filed after the filing of Defendants’ Notice of Appeal from the Final Judgment, which divested this Court of further jurisdiction. See Alvestad v. Monsanto Co., 671 F.2d 908, 911 n. 2 (5th Cir.1982). Although thi...
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48 F. Supp. 2d 1114 (1999) Daniel R. ENGLE and Bonnie L. Engle, Plaintiffs, v. WAL-MART ASSOCIATES HEALTH & WELFARE PLAN, Defendant. No. 2:97-CV-317-TS. United States District Court, N.D. Indiana, Hammond Division. March 31, 1999. *1115 *1116 David Bratz, Crown Point, IN, for Plaintiffs. Michael Graham, Chicago, Il, Mark Simon, Dallas, TX, for Defendant. MEMORANDUM OF DECISION AND ORDER SPRI...
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MEMORANDUM OPINION This suit involves the determination of the beneficiary of a group life insurance policy and a stock savings and investment plan. This Court has jurisdiction to hear the matter pursuant to 28 U.S.C. §§ 1331 and 1332. The case was tried before the Court without a jury on May 14, 1999 and June 15, 1999. The Court provides the following Findings of Fact and Conclusions of ...
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60 F. Supp. 2d 456 (1999) COUNTY COUNCIL OF NORTHAMPTON COUNTY, Plaintiff, v. SHL SYSTEMHOUSE CORP., Defendant, v. Northampton County, Third Party Defendant. Civil Action No. 98-0088. United States District Court, E.D. Pennsylvania. September 22, 1999. *457 *458 Karl F. Longenbach, Bethlehem, PA, for Plaintiff. Ronald P. Schiller, Joseph Kernen, Elizabeth J. Feeney, Piper & Marbury L.L.P., Ph...
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OPINION Plaintiffs Lawrence Arduini (“Arduini”), Joseph Messina (“Messina”), and the Ar-duini/Messina Partnership (the “Partnership”) bring this action against defendants National Medical Financial Services Corporation (“NMFS”), Douglas R. Colkitt (“Colkitt”), and Alan H.L. Carr-Locke (“Carr-Locke”) pursuant to § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (the “Excha...
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71 F.Supp.2d 838 (1999) THOMAS & BETTS CORPORATION and Thomas & Betts Holdings, Inc. Plaintiffs, v. PANDUIT CORPORATION, Defendant. No. 94 C 2656. United States District Court, N.D. Illinois, Eastern Division. September 22, 1999. *839 Malcolm Hirsten Brooks, Marc L. Fogelberg, McBride, Baker & Coles, Chicago, IL, Sidney David, Keith E. Gilman, Lawrence I. Lerner, Lerner, David, Litten...
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64 F. Supp. 2d 774 (1999) Shirley CLAY, Plaintiff, v. Kenneth S. APFEL, Commissioner of the Social Security Administration, Defendant. No. 99 C 0093. United States District Court, N.D. Illinois, Eastern Division. September 24, 1999. *775 Barry Alan Schultz, Schultz & Winick, PC, Evanston, IL, for plaintiff. Ernest Yi Ling, Ramune Rita Kelecius, U.S. Attorney's Office, Chicago, IL, for defenda...
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ORDER This matter is before the Court on Defendants’ Motion to Dismiss Counts I, II, and IV of the Third Amended Complaint and Motion to Dismiss Count III of the Third Amended Complaint. For the reasons stated herein, the Motion to Dismiss Counts I, II, and IV is GRANTED IN PART and DENIED IN PART, and the Motion to Dismiss Count III is DENIED. I. Factual Background Between April, 1996, a...
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MEMORANDUM OPINION This matter comes before the Court on the motion of pro se petitioner Lisander Sepulveda to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. 1 The underlying criminal case in this Court was United States v. Lisander Sepulveda and Margarita Corsino, Crim. No. 97-265(MLP), filed May 6, 1997. For the reasons set f...
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51 F. Supp. 2d 773 (1999) MAXXIM MEDICAL, INC., Plaintiff, v. Mark MICHELSON, Defendant. No. Civ.A. H-99-0460. United States District Court, S.D. Texas, Houston Division. March 25, 1999. *774 *775 *776 *777 David Van Susteren, Houston, TX, for Maxxim Medical Inc., plaintiff. Julian Clark Martin, Vinson and Elkins, Houston, TX, for Mark Michelson, defendant. AMENDED MEMORANDUM OPINION AND ORDER H...
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OPINION I. INTRODUCTION In this employment discrimination suit, plaintiff James Cinelli has sued U.S. Energy Partners (“U.S.E.”), Energis Resources, Co., Inc. (“Energis”), Public Service Electric & Gas Company (“PSE & G”), and XYZ Corp., a fictitious entity, alleging discrimination on the basis of what defendants perceived to be his disability. Presently before the Court is defen...
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50 F. Supp. 2d 918 (1999) Mike McCANN, et al., Plaintiffs, v. FORT ZUMWALT SCHOOL DISTRICT, et al., Defendants. No. 4:98CV1790 RWS. United States District Court, E.D. Missouri, Eastern Division. April 27, 1999. *919 Joseph L. Green, Baerveldt and Bagsby, St. Charles, MO, for Mike McCann, by and through his parent, nfr, Robert McCann, Erin Fannning, by and through her parent, nfr, Deanna Reinwald,...
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MEMORANDUM AND ORDER Plaintiff McBud of Missouri, Inc. (“McBud” or “plaintiff’) brings this diversity action for damages, alleging that defendant improperly terminated certain commercial distributorships in violation of the Missouri Power Equipment Act, R.S.Mo. §§ 407.750 et seq. (1994). The case is before the Court on defendant Siemens Energy & Automation, Inc.’s (“SE & A” or “defendant”) moti...
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ORDER On February 11, 1999, Magistrate Judge Morton Denlow recommended that defendant’s Consulting Services Group et al. motion for Sanctions [95-1] be denied. No objections have been received. I have reviewed Judge Denlow’s well reasoned report & recommendation. I agree with both its reasoning and conclusions, The motion [95-1] is therefor denied. REPORT AND RECOMMENDATION ...
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MEMORANDUM OPINION On May 18, 1999, United States Magistrate Judge B. Waugh Crigler conducted evidentiary proceedings in accordance with an Order by this court to render a report setting forth appropriate findings, conclusions and recommendation on the remaining dispositive issues in the case. The remaining issue is whether the petitioners are entitled to claim a Fifth Amendment privi...
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47 F.Supp.2d 966 (1999) Robert WILSON, pro se, Plaintiff, v. District Judge William T. HART, et al., Defendants. No. 98 C 296. United States District Court, N.D. Illinois, Eastern Division. April 27, 1999. *967 Robert Wilson, plaintiff pro se. Thomas P. Walsh, U.S. Attorney's Office, Chicago, IL, for defendants. ORDER LOZANO, District Judge. This matter is before the Court on Defendants' Motion ...
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MEMORANDUM REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION Plaintiff in this Title VII case claims that he was improperly denied a job by the defendant Commissioner of the Social Security Administration (“SSA”) based on his gender. Defendant has moved for summary judgment due to plaintiffs purported refusal to accept a full offer of relief. For the reasons set forth below, the ...
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Memorandum and Order Plaintiff is a former employee of the City of Hutchinson Fire Department. He alleges that the City engaged in unlawful employment discrimination against him on account of his age and forced him to retire from the Department. The matter is now before the court on the defendant’s motion for summary judgment. The court finds that oral argument would not assist in deciding the i...
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Memorandum and Order This matter came before the court on the defendant’s motions to suppress evidence. (Docs. 25 & 26). The court held an evidentiary hearing on September 1, 1999, and orally denied the motions at the conclusion of the hearing. This written memorandum will supplement the court’s oral rulings. The court finds the following facts from the evidence presented at the hearing. Wichit...
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Memorandum and Order The plaintiff alleges that his employment with the defendant was tei'minated on account of age, in violation of the Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. § 44-1111 et seq.). The matter is now before the court on the defendant’s motion for summary judgment. Although the parties hav...
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MEMORANDUM DECISION AND ORDER The court has previously found the plaintiffs to be “prevailing parties” within the meaning of 42 U.S.C. § 1988 (Docket # 160). Both plaintiffs and defendants have filed their briefs in support and against the award of fees to plaintiffs’ counsel (Docket # 149, # 156 and # 158). Additionally, defendants have moved for reconsideration of the court’s finding th...
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Memorandum and Order This matter is before the court on the renewed Motion for Judgment as a Matter of Law of defendant Union Pacific Railroad Company 1 (Doc. 182), and on plaintiffs Motion to Alter or Amend the Judgment (Doc. 184). The court has reviewed the materials submitted and is familiar with the issues presented. Oral argument would not' assist in deciding the motions. This case a...
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64 F. Supp. 2d 1067 (1999) Lori DESMARTEAU, Plaintiff, v. The CITY OF WICHITA, KANSAS, Defendant. No. 97-1412-WEB. United States District Court, D. Kansas. August 12, 1999. *1068 *1069 *1070 Marc A. Powell, Elaine M. Reddick, Powell & Brewer, LLP, Wichita, KS, for plaintiff. Kelly J. Rundell, City of Wichita Law Department, Wichita, KS, for defendant. Memorandum and Order BROWN, Senior Distr...
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68 F. Supp. 2d 38 (1999) James J. SZAFAROWICZ and Patricia Szafarowicz, Plaintiffs, v. Thomas GOTTERUP, Lori Gotterup, M.V. Bottom Line, Combined Cayman Investments (Grand Cayman) Ltd., Paradise Divers, Paradise Villas, KJ Dive Adventures and GRE Insurance Group, Defendants. No. Civ.A. 98-40023-NMG. United States District Court, D. Massachusetts. September 24, 1999. *39 John W. Spillane, Worceste...
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MEMORANDUM ORDER In December, 1997, I awarded David T. Pinnt disability benefits for the period September 1, 1990 through February 19, 1993. By Notice of Award dated September 20, 1998, Pinnt received benefit payment for the period November 1992 through April 1993. The Notice states in pertinent part: Your benefit payments can begin no earlier than one year before the month in which your cl...
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ORDER This matter is before the Court on the parties’ cross motions for summary judgment. Plaintiff has brought this case under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq., against Defendant Omega Management, Inc., a property management company. The Court finds that Defendant is not a “debt collector” under the FDCPA, and will therefore grant Def...
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MEMORANDUM OPINION By letter dated September 21, 1999, the plaintiff informally applied for an order (i) requiring defense counsel to return an internal SEC staff memorandum that the Commission produced in discovery, and (ii) enjoining defense counsel from further disclosing its contents. The Court now has received responses to the SEC’s request, a reply from the SEC, heard argument and, in the i...
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OPINION This matter arises from the efforts of LNC Investments, Inc. (“LNC”) to collect on a default judgment in the approximate amount of $8.5 million (“judgment”) against the Democratic Republic of Congo (“DRC”) and the National Bank of Congo (collectively the “Judgment Debtors”) in the Southern District of New York. LNC seeks discovery of Chevron Overseas Petroleum Inc. (“COPI”) an...
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MEMORANDUM DECISION AND ORDER In this case, Plaintiff, Hilton Nunnery, Jr., a current employee of Defendant Elgin Joliet & Eastern Railway Co. (“EJ & E”), claims that EJ & E discriminated against him because of his race, black, in violation of Title VII of the Civil Rights Act of 1964, as amended, (“Title VII”) and 42 U.S.C. § 1981 by paying him less than a white employee a...
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MEMORANDUM ORDER On March 24, 1999, plaintiffs Bancol Y Cia S. En C. (“Bancol”) and certain successors in interest commenced this suit against defendants BanColombia S.A. and several of its officers and directors, alleging securities fraud in violation of sections 10(b), 18(a), and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b), 78r(a), and 78t(a), and SEC Rule 10b-5, 17 C....
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OPINION AND ORDER The thinly-disguised premise of this lawsuit is that a New York health insurer should be penalized for adhering to the peculiarities of New York State health insurance law. That such a premise is contrary to common sense is obvious. To show that it is also contrary to applicable legal principles requires a bit more discussion. On May 15, 1998, plaintiffs Laurie ...
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DECISION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff Rick J. Smith, a former police officer of Defendant City of Dayton, Ohio, brought this action for damages under 42 U.S.C. § 1983, claiming that the City violated his constitutional right to privacy and his rights under the Ohio Public Records Act when it released information from his personnel file to the Dayton...
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*548 MEMORANDUM ORDER, This matter is again before the Court on the motion of plaintiffs IKEA North American Services, Inc. and Deutsch, Inc. for reconsideration of the portion of the Court’s Memorandum Order of July 1, 1999 that dismissed their claims for fraud, negligence, and violations of the New Hampshire consumer protection statute against co-defendants Precision Technology, Inc. and Spec...
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MEMORANDUM OPINION The plaintiff, James D. Ketcher, filed this action seeking judicial review under 42 U.S.C. § 405(g) of the final decision of the Commissioner of the Social Security Administration (the “Commissioner”) denying his claim for disability insurance benefits (“DIB”) under Title II and Part A of Title XVIII of the Social Security Act. Pursuant to 28 U.S.C. § 636(c) and Loc...
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OPINION This is an action challenging disciplinary decisions made by the Wilmington Police Department through its administrative disciplinary process. Plaintiff Alfred Izquier-do (“Izquierdo”) filed an Amended Complaint in the Delaware Court of Chancery alleging violations of his federal civil rights pursuant to 42 U.S.C. §§ 1983, 1985, 1986, breach of contract and breach of duties un...
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88 F. Supp. 2d 854 (1999) Dr. Marlene A. STANFORD, Plaintiff, v. KRAFT FOODS, INC., a Delaware Corp., Debra Kaiser, Individually, Cynthia Jackson, Individually, and Christian Oleksiak, Individually, Defendants. No. 99 C 1814. United States District Court, N.D. Illinois, Eastern Division. September 23, 1999. James J. Bromberek, Russell John Heitz, Wyeth, Heitz & Bromberek, Naperville, IL, for ...
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MEMORANDUM OPINION AND ORDER Plaintiff Susan Wiora (“Wiora”) filed a three count complaint in federal court against her former employer Defendant Harrah’s Illinois Corporation (“Harrah’s”). In Count I, Wiora alleges that Harrah’s invaded her right to privacy. In Count II, she sets forth a claim for intentional infliction of emotional distress, and in Count III, she presents a Title VI...
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67 F. Supp. 2d 554 (1999) James R. WOODSON and Mable Woodson, Plaintiffs, v. US AIRWAYS, INC.; Mike Doe; and Shelly Doe, Defendants. No. 1:99CV00311. United States District Court, M.D. North Carolina. August 19, 1999. *555 Jeffrey Dean Patton, Blanco Tackabery Combs & Matamoros, P.A., Reginald F. Combs, Blanco Tackabery Combs & Matamoros, P.A., Charles D. Luckey, Blanco Tackabery Combs &a...
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64 F.Supp.2d 895 (1999) Lesa Marie WAGNER and Sandra M. Wagner, Plaintiffs, v. Robert Allen WAGNER, Defendant. No. 98-1704 (DWF/AJB). United States District Court, D. Minnesota. September 16, 1999. David Gronbeck, Gronbeck Law Office, Minneapolis, MN, for plaintiffs. Ellen Dresselhuis, Dresselhuis Law Office, New Hope, MN, for defendant. MEMORANDUM OPINION AND ORDER FRANK, District Judge. Intro...
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*684 MEMORANDUM OPINION This diversity action is before the court on Defendant U.S. Airways, Inc.’s (U.S. Airways) motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. 1 Plaintiffs are former employees of U.S. Airways who seek to recover tort damages for injuries allegedly sustained as a result of symptoms of “sick building syndrome” that they claim U.S. Airw...
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MEMORANDUM OPINION This civil rights action is before the court on Defendant City of High Point’s (the “City”) motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. This action arises out of Plaintiff Michael A. Dunn’s termination as a police officer with the City for violations of police department rules. In his complaint, Plaintiff alleges that he was term...
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MEMORANDUM OPINION AND ORDER I. Introduction and Factual Background This matter is before the Court on Defendant’s Motion to Suppress filed August 5, 1999. Hearings were held and testimony was taken on this motion on September 17, 1999, and September 23, 1999. The Court heard testimony from the following witnesses: Officer Fives, Deputy Lynch, Deputy Gilinets, and Special Agent Bodo-ny. T...
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MEMORANDUM OPINION AND ORDER Defendants move to dismiss this action pursuant to Rule 12(b)(2) for lack of personal jurisdiction, and pursuant to 28 U.S.C. § 1391(b) for improper venue. Alternatively, Defendants move to transfer this action pursuant to 28 U.S.C. § 1404. The motions are fully briefed. For the reasons set forth below, I deny Defendant’s motions. I. Patricia Lindamo...
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OPINION AND ORDER Before the Court is a motion by Plaintiffs Juan Carlos Ayala Rios, his wife María Milagros Nieves Cotto, and their conjugal partnership pursuant to Rules 59(e) and 60(b) to alter or amend the judgment entered in this case. Defendants are Angel Ríos Hernández, his wife Olga Rivera Vázquez, and their conjugal partnership. This case arises out of the sale of a restaurant by Defenda...
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OPINION AND ORDER The motion before the Court is a Motion For Summary Judgment (Docket No. 26) filed by Defendants, Alicia Ford, and the United States, on December 15, 1998. Plaintiffs, Gabriel Abreu Guzmán (“Abreu”) and his mother, Rosa Guzmán Nieves (“Guzmán”), opposed. (Docket No. 46). For the following reasons the Motion For Summary Judgment is GRANTED. I. BACKGROUND The...
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OPINION AND ORDER Pending before the Court is Co-defendant’s, Municipality of San Juan (“MSJ”), Motion For Summary Judgment (Docket No. 34), which Plaintiffs, Luz Maria Acevedo (“Acevedo”)and others, opposed (Docket No. 39). MSJ filed a Reply (Docket No. 42) to Plaintiffs’ opposition. Thereafter, Plaintiffs filed a Surreply (Docket No. 45). For the succeeding reasons, Co-defendant’s M...
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MEMORANDUM The plaintiffs' forum-shopping exploits conclude today. For the reasons set forth below, the Court will grant defendant Charles Schwab & Co., Inc.'s ["Schwab & Co."] motion to transfer this litigation to the United States District Court for the Northern District of California under 28 U.S.C. § 1404(a). FACTUAL SUMMARY This past Spring, plaintiffs Eva Cooper ["Cooper"]...
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OPINION AND ORDER On August 13, 1999 and August 25, 1999, defendants filed motions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules. 1 [Docs. 1573, 1577, 1585, and 1586]. In their motions, the defendants maintain that Plaintiff Geoffrey Benson’s complaint should be dismissed based on grounds of Eleventh Amendment immunity, judicial immunity, prosecutori...
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ORDER ADOPTING REPORT AND RECOMMENDATION Pending before the Court is Plaintiff-Appellant’s Gerald Matis’ objections to United States Magistrate Judge Arlene Rosario Lindsay’s Report and Recommen *565 dation of February 19, 1999, advising this Court to affirm the October 2, 1996 Order of the United States Bankruptcy Court Judge Francis G. Conrad, granting the government’s ...
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*667 MEMORANDUM AND ORDER On April 27, 1998, Darrell Middleton filed a complaint alleging that his employer, Frito-Lay, Inc. (herein Frito-Lay), discriminated against him in violation of 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e (herein Title VII). Defendant seeks summary judgment on all counts of the complaint. After careful review of the ...
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64 F. Supp. 2d 1265 (1999) Margaret DROESSLER, Plaintiff, v. WYETH-AYERST LABORATORIES, a division of American Home Products Corp., American Home Products Corp., A.H. Robins Company, Inc., Eon Labs Manufacturing, Inc., Ivax Corporation, Walgreen Co., and Zenith Goldline Pharmaceuticals, Inc., a wholly-owned subsidiary of Ivax Corporation, Defendants. No. 99-1870-Civ. United States District Court,...
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70 F.Supp.2d 877 (1999) Cheryl D. LAMBERT, Administratrix of the Estate of Samuel D. Lambert, Deceased, Plaintiff, v. The BABCOCK & WILCOX, CO., John Crane, Inc., Combustion Engineering, Inc., Foster Wheeler Corp., LaClede Stoker Co., Owens-Corning Fiberglas Corp., Owens-Illinois, Inc., Pittsburgh Corning Corp. and W.R. Grace & Co., Inc., Defendants. Nos. 91-9997-C, IP 94-1540 C B/G. Unit...
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After being fired from a teaching position at the State University of New York (“SUNY”), Edward Vega (“Vega”) with the assistance of counsel filed an action in state court for violations of his rights under New York law (“State Action”). Thereafter, Vega filed this action pro se alleging violations of his federal statutory and constitutional rights. The defendants in this action move...
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ORDER DENYING LINDA PAIS’S MOTION TO INTERVENE THIS CAUSE comes before the Court on the Emergency Motion filed on July 9, 1999 by Linda Pais (“Pais”), seeking to intervene in the above-styled matter pursuant to Rule 24 of the Federal Rules of Civil Procedure. Defendants American TelNet, Inc. (“ATN”), Michael Abraham Pardes (“Pardes”), Ted Liebowitz (“Liebowitz”), and Michael Self (“Self’) (coll...
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ORDER REQUIRING PLAINTIFF’S COUNSEL TO SHOW CAUSE WHY DEFENDANT’S MOTION FOR ATTORNEYS’ FEES SHOULD NOT BE GRANTED AND ORDER GRANTING DEFENDANT’S RULE 11 MOTION TO SANCTION PLAINTIFF’S COUNSEL AND LAW FIRM In yet another chapter of the saga that characterizes this case, defendant Interstate Brands Corporation (“IBC”), on September 30,1998, moved for Rule 11 sanctions against plaintiffs counsel,...
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MEMORANDUM OPINION AND ORDER The Board of Trade of the City of Chicago, the Kansas City Board of Trade, and the Minneapolis Grain Exchange brought this action against the Commodity Futures Trading Commission [the “Commission”], seeking judicial review of the Commission’s approval of the Cantor Financial Futures Exchange [the “Cantor Exchange”] as a contract market. The Commission moves to dismi...
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OPINION AND ORDER REVERSING DECISION OF BANKRUPTCY COURT Background This matter is before the Court on debtor Cynthia Hermes’s (“debtor”) bankruptcy appeal. This matter originally came before the bankruptcy court on objections *493 by creditors and the trustee to exemptions by debtor, wherein debtor claimed as exempt an individual retirement account (“IRA”) in her na...
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ORDER By Order of the undersigned filed March 31, 1999 (the “March Order”), this matter was reopened and plaintiff John Flores (“plaintiff’ or “Flores”) was granted permission to withdraw his original complaint without prejudice. See docket no. 13.1 Plaintiff was also directed to file a suitable complaint in this Title VII action within sixty days of the date thereof. The March Order also denie...
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*105 MEMORANDUM-DECISION AND ORDER On or about October 3, 1997, plaintiff instituted this action in the Supreme Court of the State of New York, County of Cortland, alleging wrongful death as a result of the negligent medical care and treatment provided by the defendants to Paul Koeh-ler on October 6, 1995. The suit named Cortland Memorial Hospital; Anne Marie Zimmerman M.D.; Robe...
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ENTRY GRANTING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT This matter comes before the Court on Defendants’ motion for partial summary judgment as to Plaintiffs claim for patent infringement of Plaintiffs Shionogi patents and Defendants’ counterclaim seeking a declaratory judgment of noninfringement. Defendants assert that there is no genuine issue of material fact that the intermediate ...
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*122 ORDER ADOPTING REPORT AND RECOMMENDATION Presently pending before the Court are Plaintiffs objections to Magistrate Judge E. Thomas Boyle’s Report and Recommendation (hereinafter “R & R”), dated July 17, 1999, recommending dismissal of Plaintiffs complaint in its entirety for failing to state a claim upon which relief can be granted, with leave to replead within 45 days,...
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ENTRY GRANTING DEFENDANTS 1 MOTION FOR PARTIAL SUMMARY JUDGMENT This matter comes before the Court on Defendant’s motion for partial summary judgment as to Plaintiffs claim that Defendant violated § 2 of the Sherman Act, 15 U.S.C. § 2 in asserting its patents against Plaintiff for anticompetitive purposes. Defendant contends that Plaintiffs antitrust claim must fail ...
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ENTRY GRANTING DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S COMPLAINT Plaintiff, Dennis J. Hardin (“Hardin”) has filed a 31 page, 145 paragraph Complaint alleging that his former employer, Defendant American Electric Power (“AEP”), has discriminated against him by failing to accommodate Hardin’s disability in violation of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (“ADA”...
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Plaintiff, Canadyne-Georgia Corporation (Canadyne), filed this suit under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9601 et seq., claiming that the Defendants should be required to contribute funds for cleanup costs incurred by Canadyne as a result of a mandate issued by the Equal Protection Agency (EPA). Defendants, Woolfolk Chemical W...
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MEMORANDUM AND ORDER Pending before the court are Plaintiff Northwinds Abatement, Inc.’s (“North-winds”) Motion for Partial Summary Judgment (# 194) and Motion for Ruling on Completion of State Court Review (# 201). The latter motion incorporates North-winds’ prior motion for partial summary judgment. Having reviewed the motions, the submissions of the parties, the pleadings, and the applicable l...
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ORDER Defendant Martin K. Eby Construction Company, Inc. (“Eby”) has filed a motion for summary judgment on plaintiff Associated Mechanical Contractors, Inc.’s (“AMC”) claims for final contract payment and pre-judgment interest on such payment. While Eby argued in its briefs that it was not obligated to pay AMC the final amount (“retainage”) because of unsatisfied conditions precedent...
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ORDER This matter is before the court on Defendant’s partial motion to dismiss or, in the alternative, partial motion for summary judgment [8-1, 8-2] and both Defendant’s and Plaintiffs’ motions to supplement [13-1,15-1]. I. Statement of the Case Plaintiffs John E. Clark and Catherine P. Clark brought the instant action against the United States for recovery of federal income tax and inte...
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ORDER Pending before the Court is the Petition for Writ of Habeas Corpus filed by petitioner Calvin Jerold Burdine (“Burdine”) and the Motions for Summary Judgment filed by respondent Gary Johnson. Having considered the motions, the submissions, the record and the applicable law, this Court determines that Burdine’s petition for writ of habeas corpus should be granted and the responde...
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MEMORANDUM I. Introduction Defendant, Niyi Ayeni (“Ayeni”), a native of Nigeria, has been charged with failing to comply with a final order of removal, in violation of 8 U.S.C. § 1253(a)(1)(A), (B) and (C). Defendant seeks to dismiss the indictment, contending that he was denied effective assistance of counsel during the underlying deportation proceeding, and that the dep...
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OPINION AND ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT I. INTRODUCTION On January 5, 1999, Plaintiffs Gerald *615 and Catherine Peitrowski 1 commenced this action in Wayne County Circuit Court, State of Michigan, alleging that Defendants unlawfully reduced their payments of benefits under Plaintiffs no-fault automobile insurance policy and ...
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MEMORANDUM OPINION AND ORDER I. INTRODUCTION AND PROCEDURAL HISTORY On November 13,1996, the plaintiff, Fel-icitea Pescia, filed this action in the Circuit Court of Lee County, Alabama, against Auburn Ford Lincoln Mercury (hereinafter “Auburn Ford”) and Ford Motor Credit Company (hereinafter “FMCC”). The case was then removed to this court. Following a period of discovery, on Feb...
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MEMORANDUM OF OPINION AND ORDER Plaintiffs Binti Watts (“Watts”) and Christopher Pryor (“Pryor”) bring this action against the County of Sacramento and individual officers of the Sacramento County Sheriffs Department, alleging that the officers improperly entered their home and executed an arrest warrant. Plaintiffs assert federal claims under 42 U.S.C. § 1983 and state causes of action for f...
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ORDER The issue presented on this appeal is whether the bankruptcy court applied the correct legal standard when it used the “fair contemplation” test set forth in In re Jensen, 995 F.2d 925 (9th Cir.1993) (per curiam), to determine whether Stepan’s third-party contribution claim against Hexcel was discharged in a prior bankruptcy proceeding. For the reasons set forth below, the ruling of the...
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MEMORANDUM-DECISION AND ORDER Currently before this court are plaintiffs motion and defendants’ cross-motion for summary judgment. For the reasons that follow below, the court denies plaintiffs motion and grants defendants’ cross-motion. BACKGROUND On March 4, 1972, plaintiff was hired by defendants to work in the Motor Vehicle Craft (“MVC”) of its Syracuse facility. The MVC consists primar...
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ORDER Introduction Plaintiffs, Davis and F.D.I.C. (Federal Deposit Insurance Corporation) seek to compel from defendant Leal voluminous discovery including tax return information and general business records. Much of the outcome of the motion will depend on whose privilege law is applied-federal or state. To arrive at the proper determination, it is necessary to understand th...
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ENTRY GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff, Tara Gordon (“Gordon”), alleges that her former employer, Defendant Southern Bells, Inc.- (“Southern Bells”), discriminated against her on the basis of her sex through allegedly pervasive sexually harassing conduct in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §...
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MEMORANDUM AND ORDER Plaintiff and counterclaim-defendant, Telecom International America, Ltd. (“TIA”), a reseller of long-distance “800” services filed suit against defendant and counterclaim-plaintiff, AT & T Corp. (“AT & T”), a provider of telephone equipment and services, alleging breach of contract, fraudulent inducement and violations of the Communications Act. In a Memorandum and Order, da...
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64 F. Supp. 2d 1245 (1999) Marlene ALEJANDRE, individually and as personal representative of the Estate of Armando Alejandre, deceased, Plaintiff, v. THE REPUBLIC OF CUBA and the Cuban Air Force, Defendants, v. AT & T Corporation, AT & T of Puerto Rico, Inc., Global One Communications, L.L.C., Sprint Corporation, Wiltel, Inc., Telefonica Larga Distancia de Puerto Rico, Inc., MCI Internati...
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ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS THIS CAUSE comes before the Court on the Motion To Dismiss filed by Defendants E & A Beepers Corporation (“E & A”) and Arturo Morales (“Morales”) on May 27, 1999. Defendants Media Tech International, Inc. (“Media Tech”), Videotron Incorporated (“Videotron”), and George Lee (“Lee”) filed a virtually identical Motion To Dismiss on June 1, 1999. Plainti...
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64 F. Supp. 2d 1255 (1999) SEA-LAND SERVICE, INC., Plaintiff, v. Pedro SELLAN, Defendant. No. 98-1311-CIV. United States District Court, S.D. Florida. July 16, 1999. *1256 *1257 *1258 David Horr, Miami, FL, Joseph Stearns, New York, NY, for Plaintiff. J.H. Zidell, Miami Beach, FL, for Defendant. OPINION JAMES LAWRENCE KING, District Judge. This case was tried, non-jury, on June 28 and July 7, 19...
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MEMORANDUM DECISION AND ORDER Plaintiffs are six New York state outpatient medical facilities designated by the federal government as federally qualified health centers (“FQHCs”); three managed care plans affiliated with FQHCs, and an association of FQHCs in New York state. Defendants are Donna Shalala, Secretary of the United States Department of Health and Human Services (“HHS”); Nancy-...
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*505ENTRY DENYING PLAINTIFF’S MOTION FOR CLASS CERTIFICATION On May 26, 1998, Plaintiff Duane Young (“Young”) filed a Verified Complaint alleging that his former employer, Defendant Magnequench International, Inc. (“Magnequench”), and the union recognized by Magnequench as the collective bargaining representative of Young and his fellow employees, Defendant United Automobile, Aerospace, Agricultu...
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64 F. Supp. 2d 870 (1999) UNITED STATES of America, Plaintiff, v. David Rafael ANDERSON, Defendant. No. IP 99-30 CR-01 B/F. United States District Court, S.D. Indiana, Indianapolis Division. September 24, 1999. *871 Donna R. Eide, Assistant U.S. Attorney, Indianapolis, IN, for plaintiff. Jim McKinley, Federal Community Defenders Office, Indianapolis, IN, for defendant. ENTRY DENYING DEFENDANT'S ...
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MEMORANDUM OPINION Plaintiff Dee Deidre Farmer is an inmate at the federal correctional institute in Butner, North Carolina (“FCI-Butner”). Farmer is a pre-operative male-to-female transsexual suffering from gender dyspho-ria (or gender identity disorder), a medi- *121 eally recognized psychological disorder. 1 She brings this action to challenge the constitutionality of a Bureau of Priso...
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ORDER Before the Court is Plaintiff Harry W. Brink’s Motion for Class Certification. *569I. Background For purposes of evaluating a motion for class certification, the allegations contained in Plaintiffs complaint are assumed to be true. See Mateo v. The M/S Kiso, 805 F.Supp. 761, 771 (N.D.Cal.1991). The allegations relevant to the motion are as follows. By mailing on April 29, 1997, Defendant Fi...
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MEMORANDUM OPINION I.INTRODUCTION This case is before the court on a Motion for Summary Judgment filed by the Defendant, City of Dothan (“City”), on August 20, 1999 (Doc. # 15). Also before this court is Defendant’s Alternative Motion to Strike (Doc. # 19). Plaintiff, Donald J. Yannella (‘Yannel-la”), filed his Complaint pro se on June 10, 1997. The City of Dothan filed its Answer on August 4...
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67 F. Supp. 2d 1321 (1999) Barbara RICHARDS, next friend and mother of Kevin Richards, deceased, Plaintiffs, v. UNITED STATES of America, et al., Defendants. No. Civ.A. 99-A-283-S. United States District Court, M.D. Alabama, Southern Division. September 30, 1999. *1322 Kenneth W. Hooks, Keith T. Belt, Jr., Pittman, Hooks, Dutton & Hollis, P.C., Birmingham, AL, for Plaintiffs. Kenneth E. Vines...
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ORDER Before the Court are Defendants’, City of Albany, and Janice Allen and Henry Fields, in their official capacities, Motion for Summary Judgment [Tab # 69] and Defendants’, Janice Allen and Henry Fields, in their individual capacities, Motion for Summary Judgment [Tab # 73]. Having carefully considered the motion, the related caselaw and statutes, and the file as a whole, the Cour...
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68 F. Supp. 2d 1360 (1999) David POTTER, Plaintiff, v. CITY OF ALBANY, a Municipal Corporation, and Janice Allen, Individually and in Her capacity as Manager for the City of Albany, and Henry Fields, Individually and in his Capacity as Fire Chief for the City of Albany, Defendants. No. 1:97-CV-72-3 (WDO). United States District Court, M.D. Georgia, Albany-Americus Division. September 24, 1999. *1...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter is before the Court for resolution following a bench trial conducted on September 22, 1999. After consideration of the evidence presented, the Court makes the following Findings of Fact and Conclusions of Law, pursuant to Federal Rule of Civil Procedure 52. The Court incorporates by reference Plaintiffs’ exhibits, the trial testimony...
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OPINION Defendant Atlantic City Showboat, Inc., doing business as Showboat Casino Hotel, (“Showboat” or “defendant”) owns and operates a casino at 801 Boardwalk Ave., Atlantic City, New Jersey. The plaintiff, Corey Moyer (“Moyer” or “plaintiff’) is confined to a wheelchair as a result of a disability. On October 28, 1998, Moyer filed a complaint against Showboat alleging that Showboat’s f...
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MEMORANDUM DECISION Defendants move to dismiss the action in certain respects. The motion (Doc. No. 6) is GRANTED IN PART AND DENIED IN PART. Since there are rather broad discussions in both the moving papers and the opposing papers concerning various issues, it is important to note the rather limited requests of the motion to dismiss. a. To the extent that the defendants are sued for money dama...
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MEMORANDUM DECISION Defendant moves to dismiss this action for lack of subject matter jurisdiction in this Court. The motion (Doc. No. 5) is GRANTED. In January of 1984 the plaintiff (then known as Faith Tabernacle Church) entered into a lease with the Federal Aviation Administration (“FAA”) granting it the right to maintain a fifteen-foot wooden antenna pole and a ten-by-fifteen...
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MEMORANDUM ORDER This is an action under 42 U.S.C. § 1983 against four Derby, Kansas police officers. The plaintiff, James R. Bond, raises claims against the defendants for, among other things, false arrest and excessive force. The defendants have moved for summary judgment. For the reasons stated herein, the defendants’ motion is hereby granted. Summary judgment is proper where the pleadings, d...
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MEMORANDUM DECISION AND ORDER This case involves the constitutionality of the Village of Lloyd Harbor Code which provides that docks in Lloyd Harbor shall be limited in length to seventy-five (75) feet seaward, and that in no event shall the seaward end of the dock extend beyond the point where the mean low water depth exceeds two (2) feet. This Village Code provision effectively prev...
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OPINION Defendant New York, New York Hotel & Casino, LLC (the “Casino”), the corporate successor to defendant New York, New York Hotel, LLC, operates a hotel and casino in Las Vegas that has as its theme New York City. Among the references to New York City, the Casino features a large replica facade of the New York Stock Exchange building, which appears on the Casino floor,...
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OPINION Two of the defendants published a biography of the late film star Audrey Hepburn that they advertised as having been written with Hepburn’s “full cooperation.” Sean Ferrer, one of Hepburn’s sons, and George Muller, the executor of her estate, *496 filed this suit complaining that the publishing defendants’ promotional material for the biography falsely suggests th...
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*690 OPINION AND ORDER This matter is before this Court on an appeal taken by Creditor Omni Partners, L.P. (“Omni” or “Appellant”) from the order of the Bankruptcy Court, entered August 11, 1998, denying its demand pursuant to 11 U.S.C. § 365(d)(3) for distribution from the bankruptcy estate of Pudgie’s Famous Chicken, Ltd. and affiliated corporate entities (“Debtors”). ...
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64 F. Supp. 2d 617 (1999) Artie C. CHRISTIAN, Jr., Plaintiff, v. CITY OF DALLAS, Bennie Click, Individually and in His Official Capacity, Defendants. No. 3:98CV2174R. United States District Court, N.D. Texas, Dallas Division. September 22, 1999. *618 *619 *620 Artie C. Christian, Jr., Arlington, TX, pro se. Myrlintha P. Benford, Dallas City Attorney's Office, Dallas, TX, for City of Dallas. MEMO...
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MEMORANDUM OPINION AND ORDER Plaintiff John Cwiak, on behalf of himself, his wife and all others similarly situated, has brought a two count putative class action complaint against his former employer, Flint Ink Corporation, alleging violations of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq. Plaintiff has moved fo...
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OPINION & ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS THE THIRD SUPERCED-ING INDICTMENT For the alleged intentional killing of Evan Ison, the Government has charged Efraim Garcia with murder in aid of racketeering activity in violation of 18 U.S.C. § 1959(a)(1) (“VCAR”) in Count IV. In connection with this count, the Government filed a Notice of Intent to Seek...
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58 F.Supp.2d 370 (1999) STEWART TITLE GUARANTY CO., Plaintiff, v. GREENLANDS REALTY, L.L.C., Defendant, v. Stewart Title Guaranty Co., Title Company of New Jersey and Sun International of North America, Inc., Additional Counterclaim Defendants. No. CIV. A. 97-3577. United States District Court, D. New Jersey. July 20, 1999. *371 *372 *373 Stuart Alderoty, David P. Kalm, Leboeuf, Lamb, Greene &...
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68 F. Supp. 2d 1049 (1999) Ari JUBELIRER, Plaintiff, v. MASTERCARD INTERNATIONAL, INC. and MBNA American Bank, National Association, Defendants. No. 99-C-256-S. United States District Court, W.D. Wisconsin. September 17, 1999. *1050 *1051 Keelyn M. Friesen, Zimmerman Reed P.L.L.P., Minneapolis, MN, for Ari Jubelirer, plaintiff. Brian E. Butler, Stafford Rosenbaum Rieser & Hansen, Madison, WI,...
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OPINION & ORDER Plaintiffs are dairy farmers and associations of dairy producers who seek to enjoin implementation and enforcement of the Secretary of Agriculture’s Final Rule and Order amending federal milk market orders published September 1, 1999 at 64 Fed.Reg. 47898-48021. Plaintiffs argue that the Final Order violates: (1) the Federal Agriculture Improvement and Reform Act of 1996, 7...
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OPINION In this declaratory judgment action, 1 American Home Assurance Company *342 seeks a declaration that certain claims asserted by defendants Falconeri, on behalf of the Stergius Estate, and by Montemur-ro, on behalf of the Montemurro Estate, against the late James M.S. Ullman, Esq., are not covered by a Lawyer’s Professional Liability policy which it issu...
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68 F. Supp. 2d 93 (1999) Hector Medina SANCHEZ, Wanda Garcia Carambot, and the Conjugal Partnership Existing Between Them, Plaintiffs, v. WESTERN AUTO OF PUERTO RICO; Western Auto Supply Company, Defendants. No. Civ 97-1921 HL. United States District Court, D. Puerto Rico. September 29, 1999. *94 *95 *96 Artemio Rivera-Rivera, Roman Rios Torres & Rivera, San Juan, PR, for Hector Medina-Sanche...
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OPINION On July 8, 1999, Petitioner filed a Motion for Temporary Restraining Order [Doc. # 2], asking this Court to enjoin his imminent deportation from the United States until the Board of Immigration Appeals (“BIA”) rendered a decision on his appeal of the Immigration Judge’s (“U’s”) denial of his request for a continuance of his deportation hearings and his appeal of the IJ’s denia...
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71 F.Supp.2d 1200 (1999) Roy BLACK, Jr., et al., Plaintiffs, v. The State of ALABAMA, et al., Defendants. No. Civ.A. 99-0775 CB-S. United States District Court, S.D. Alabama, Southern Division. September 28, 1999. *1201 Mickey Womble, W. Robert McMillan, Monroeville, AL, for Roy Black, Jr., Plaintiff. Billington M. Garrett, Asst. Atty. Gen., Montgomery, AL, for State of Alabama, Frank W. Gregory,...
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OPINION AND ORDER The government has appealed an order of the bankruptcy court denying its motion for a setoff. The setoff at issue arises from an underlying Chapter 11 bankruptcy petition filed by Gordon Sel-Way, Inc. (Sel-Way) which resulted in confirmation of a Plan of liquidation and reorganization. As part of Sel-Way’s reorganization Plan, the government’s unsecured claim for emp...
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RULING ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT The plaintiff, State of Connecticut (“Connecticut”), and the defendant, William M. Daley, Secretary of Commerce of the United States (“Secretary”), have filed motions for summary judgment in these consolidated actions. 1 Upon consideration of the parties’ written and oral argumen...
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ORDER On July 12, 1999, the court by a memorandum order granted the defendant’s mo*1342tion for summary judgment, holding that the plaintiffs employment discrimination action would be dismissed on the merits. At some point very close in time to the filing of the court’s order, the parties entered into a settlement agreement. Neither party notified the court of any pending settlement. Neither pa...
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*441MEMORANDUM This matter came before the Court for oral argument on Todd Robling's ["Robling" or "defendant"] motion to suppress any physical evidence including but not limited to marijuana plants seized by law enforcement officers and to suppress any statements of the defendant. The following memorializes the Court's ruling from the bench denying the motion at the end of the hearing. I. FACTUAL...
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Opinion I. Pending Matters Pending for decision are the following motions: (1) Motion by Plaintiffs to Approve Screening Procedures (Docket No. 202, filed September 3, 1999) with Defendant’s Opposition (Docket No. 214, filed September 24, 1999) and accompanying Declaration of Mark G. Lappin (Docket No. 215, filed September 24,1999); (2) Motion by Plaintiffs to Impound the Declaration of Toby H. K...
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64 F.Supp.2d 69 (1999) Anthony ZIMMITTI, Plaintiff, v. AETNA LIFE INSURANCE CO., Defendant. No. 2:92CV187 (RNC). United States District Court, D. Connecticut. September 13, 1999. *70 *71 Gregg D. Adler, Livingston, Adler, Pulda & Meiklejohn, James L. Kestell, Kestell & Associates, Hartford, for Plaintiff. Albert Zakarian, Shane T. Munoz, Victoria Woodin Chavey, Day, Berry & Howard, Ha...
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RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff Rudel Machinery Co., Inc., a sales representative for machine tool manufacturers, brings this action in two counts against defendant Giddings & Lewis, Inc., a manufacturer of machine tools and assembly systems. Under a contract between the parties executed in December 1991, plaintiff promoted defendant’s products in Connectic...
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MEMORANDUM Presently before this Court is the Motion to Dismiss the Joinder Complaint filed by the Additional Defendant Federal Home Loan Mortgage Corporation (“Freddie Mac”), and the Response of Defendant 1417 Spruce Associates, L.P. (“Spruce”). For the following reasons, the Motion is granted. I.BACKGROUND This action arises from a December, 1994 conveyance of the property located at 1417 Spr...
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MEMORANDUM OPINION The following memorializes the Court's rulings from the bench on certain motions after the hearing on September 10, 1999. Defendant Irvine Hodge, Jr. ["Hodge"2 ] filed the following motions: for recusal of the undersigned trial judge, to dismiss, to sever, to exclude testimony of prior convictions, and to exclude the eyewitness identification of defendant Hodge. The Court also h...
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RULING ON MOTION FOR CLASS CERTIFICATION Plaintiffs Gerald Cohn, Martin Cohn, and Iris Towers seek relief for alleged misrepresentations made by defendant Connecticut Mutual Life Insurance Company in connection with the sale of whole life insurance policies.1 The plaintiffs purport to act on their own behalf and on behalf of a class of similarly situated persons. Pending before the court is the...
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MEMORANDUM AND ORDER ON MOTION FOR ATTORNEY FEES (#218) I. Introduction Short of trial, on November 9, 1998, judgment entered on all six counts of the amended complaint in favor the defendant Advanced Vacuum Systems, Inc. (“AVS”) as against the plaintiff Ultra-Temp Corporation *19(“Ultra-Temp”).1 Given that this is a patent case, appeals were taken to the Federal Circuit. On April 16, 1999, A...
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MEMORANDUM DECISION In this case, plaintiff Wilfred R. Caron, an attorney, contends that defendant The Travelers Property and Casualty Corporation (“Travelers”) fraudulently induced him to leave a job at the Department of Justice (“DOJ”) for a position at Travelers. The claim of fraud is based on alleged misrepresentations and omissions made to Caron by his friend of more than forty y...
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MEMORANDUM OPINION AND ORDER Petitioner Cedrela Transport, Ltd. (“Ce-drela”) brings the instant petition pursuant to 9 U.S.C. § 1 et seq. against respondent Banque Cantónale Vaudoise (“Cantónale”) to strike Cantonale’s demand for arbitration. Cantónale opposes Cedrela’s petition and cross-moves to assert certain counterclaims. For the reasons set for below, Cedrela’s petition i...
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MEMORANDUM ORDER This Court concurs with the growing consensus that the one-year statute of limitations for filing a petition for habeas corpus contained in 28 U.S.C. § 2244 is subject to equitable tolling. Whether or not petitioner Juan Vasquez ultimately will qualify for such tolling remains uncertain, but for now he has made a sufficient showing to survive respondent’s motion to dismiss. ...
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ORDER ON DEFENDANT MARKETING RESPONSE GROUP & LASER COMPANY, INC.’s SECOND RENEWED MOTION TO AMEND THIS CAUSE is before the Court on Defendant, Marketing Response Group & Laser Company, Inc.’s (hereinafter “MRG & L”), Second Renewed Motion to Amend, (Dkt. 63), filed on June 24,1999, Plaintiff, Vacation Break U.S.A., Inc.’s, Memorandum of Law in Opposition to Marketing Response Group & Laser Compa...
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DECISION and ORDER On January 14, 1998, an order was entered confirming the stipulation of settlement and dismissal of this action, but leaving the question of attorney’s fees and costs to be determined. Items 26 and 28. The application for attorney’s fees and costs arose out of a lawsuit which began on July 28, 1997, by plaintiff Peter G. Apple. Mr. Apple brought suit against his son, Steven L. ...
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*52MEMORANDUM — DECISION AND ORDER Presently before the Court are defendants’ renewed motion for judgment as a matter of law and a new trial. For the reasons set forth below, those motions are denied without prejudice and leave to refile. I. BACKGROUND A jury returned a verdict for plaintiff on February 25, 1998 and awarded $400,000 in damages. Defendants have now made a renewed motion for judg...
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OPINION AND ORDER Pending before the Court is defendants CaribAd, Inc. d/b/a The AdTeam (“Cari-bAd”) and Pueblo International, Inc. (“Pueblo”)’s motion for summary judgment (Docket # 107), which was duly opposed by plaintiffs (Docket # 117). Defendants argue that summary judgment should be entered in their favor because plaintiffs have failed to establish a prima facie case of ...
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ORDER Sheilah Davis brought three claims against the defendants, alleging that (1) she was wrongfully denied medical bene *1277 fits by Wal-Mart Stores, Inc. Associates Health and Welfare Plan (“the Plan”); 1 (2) she was terminated by Wal-Mart Stores, Inc. (“Wal-Mart”): (a) in retaliation for requesting payment of health benefits; and (b) for the purpose of int...
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MEMORANDUM and ORDER BACKGROUND Plaintiffs are four pension and benefits funds (the “Funds”) maintained on behalf of the members of the Cement and Concrete Workers District Council (the “Union”), together with Thomas Madera, in his fiduciary capacity as the administrator of those funds, and Charles Dolcimascolo, President of the Union. On November 12, 1997, plaintiffs brought...
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65 F. Supp. 2d 1345 (1999) Aida BAGUER, Plaintiff, v. Kenneth APFEL, Commissioner of Social Security, Defendant. No. 98-849-CIV-ORL-22C. United States District Court, M.D. Florida, Orlando Division. September 17, 1999. *1346 Juan Jose Rosario, Law Office of Juan J. Rosario, Winter Park, FL, for Plaintiff. Roberta M. Bahnsen, Randall Gold, U.S. Atty's Office, Middle District of Florida, Orlando, F...
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73 F.Supp.2d 870 (1999) MIDWEST SPORTS MEDICINE AND ORTHOPEDIC SURGERY, INC., Pension Plan Trust, Plaintiff, v. UNITED STATES of America, Defendant. No. C-3-95-443. United States District Court, S.D. Ohio, Western Division. September 9, 1999. *871 Robert Perry Bartlett, Jr., Coolidge Wall Womsley & Lombard, Dayton, OH, Terence Leslie Fague, John Alan Cumming, Lance A Gildner, Coolidge Wall Wo...
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64 F.Supp.2d 1239 (1999) UNITED STATES of America, ex rel. Mikhail L. KOZHUKH, Plaintiff, v. CONSTELLATION TECHNOLOGY CORPORATION, Defendant. No. 98-521-CIV-T17E. United States District Court, M.D. Florida, Tampa Division. September 29, 1999. *1240 Joan Marie Vecchioli, Amber F. Williams, Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Clearwater, FL, Andrew Grosso, Law Office of Andrew ...
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ORDER ON PLAINTIFF’S MOTION TO STRIKE and DEFENDANT’S MOTION FOR SUMMARY JUDGMENT THIS CAUSE is before the Court on Plaintiff, Sue E. Weaver’s, Motion to Strike, (Dkt.23), filed on May 21, 1999, Defendant, Tech Data Corporation’s, response, (Dkt.36), filed on June 7, 1999, Defendant, Tech Data Corporation’s, Motion for Summary Judgment, (Dkt.12), filed on April 5, 1999, and Plaintiff, Sue. E....
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71 F.Supp.2d 1209 (1999) Clarence OTWORTH, Plaintiff, v. THE FLORIDA BAR, et al, Defendants. No. 99-908-CIVT-17B. United States District Court, M.D. Florida, Tampa Division. September 29, 1999. *1210 *1211 Clarence Otworth, Clearwater, FL, plaintiff pro se. Barry Scott Richard, Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, Tallahassee, FL, for Florida Bar, defendant. Frank R. Jakes, J...
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ORDER ON MOTION TO SUPPRESS AND MOTION TO DISMISS This cause comes before the Court on the following: 1. Defendant’s motion to suppress (Docket No. 21), the government’s response (Docket No. 28), and the Defendant’s reply (Docket No. 31); 2. Defendant’s motion to dismiss Count 9 of the indictment (Docket No. 35), and the government’s response (Docket No. 40); and 3. Defendant’s motion f...
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AMENDED OPINION AND ORDER 1 On June 30, 1998, Petitioner-Defendant Adremy Dennis filed a petition for a writ of habeas corpus in this death penalty case [Doc 9]. In seeking release, Petitioner Dennis says constitutional error attended his conviction and resulting death penalty. Dennis further argues that the standard of review of the Anti-Terrorism and Effective Death Penalty Act ...
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OPINION AND ORDER In this Opinion and Order, the Court reviews and rules on the summary judgment motions filed by each defendant in this action, specifically (1) Defendant SIA Schweizer Schmirgel und Schleifindustrie AG (“SIA”) [Doc. 60]; (2) Defendant Swiss Abrasives Marketing (“SAM”) [Doc. 62]; and (3) Defendants C & S Agency, James Connelly, Connelly Inc., Edward Sikes, Sikes Inc. (ref...
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MEMORANDUM AND ORDER On August 11, 1998, the United States Bankruptcy Court ordered that the Reaffirmation Agreement filed on August 7, 1998, pursuant to 11 U.S.C. § 524(c), between Debtor Pauline Nanton (“Debtor” or “Nanton”) and BankBoston, N.A. (“Appellant” or “BankBoston”) to reaffirm Nan-ton’s pre-petition car loan debt, was “unenforceable.” In issuing that order, the Bankruptcy Cour...
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64 F. Supp. 2d 19 (1999) William PIASCYK, Plaintiff, v. CITY OF NEW HAVEN, New Haven Police Department, Nicholas Pastore, Chief of New Haven Police Department, Defendants. No. 3:96CV1445 RNC. United States District Court, D. Connecticut. July 14, 1999. *20 *21 Alexander Scheirer, Scheirer & Geller, New Haven, CT, for Plaintiff. Thomas W. Ude, Jr., Office of Corporation Counsel, City of New Ha...
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OPINION AND ORDER This action was filed by plaintiff Armco Inc. (“Armco”) and four of its subsidiaries to recover funds allegedly obtained fraudulently from them by defendants. Plaintiffs assert causes of action for common law fraud, conversion, breach of fiduciary duty, and violation of the Federal Racketeer Influenced and Corrupt Organizations Act. Before the Court are motions by ce...
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DECISION AND ORDER The Plaintiff, Paula R. Cardozo (“Cardozo” or “Plaintiff’), brings this action under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000(e) et seq., the New York Executive Law § 290, et seq., the New York State Human Rights Law, Chapter 1, Title 8 of the Administrative Code of the City of New York and, the New York City H...
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MEMORANDUM OPINION On June 21, 1999, the presiding United States Magistrate heard arguments from the pro se plaintiff and the defendants’ counsel regarding the defendants’ motion to dismiss in accordance with an Order by this court permitting the Magistrate to conduct proceedings appropriate for the resolution of dispositive pretrial matters and to submit to this court prop...
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ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS I. INTRODUCTION On April 19, 1996, petitioner Steven Delgado filed a “Petition For Writ Of Habeas Corpus By A Person In State Custody” (“Petition”) pursuant to 28 U.S.C. § 2254. Petitioner’s remaining claim is that he was denied his Fifth and Sixth Amendment rights when the trial judge conducted an ex parte communi...
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MEMORANDUM & ORDER This bankruptcy appeal stems from the May 8, 1998 Order of United States Bankruptcy Judge Melanie L. Cyganowski, which granted summary judgment to Plaintiff-Appellee Allan B. Mendelsohn, Chapter 7 Trustee for Debtor Dennis J. Pappas, on the First and Sixth Claims for Relief. Also relevant to this appeal, this Order avoided and set aside the Debtor’s transfer to Defe...
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70 F.Supp.2d 1151 (1999) CAL-NEVA LAND & TIMBER INC; Thomas G. Atwood, Plaintiffs, v. The UNITED STATES of America; Bureau of Land Management, an Agency of the United States Department of the Interior; Bruce Babbitt, Secretary of the Interior; Sylvia Baca, Acting Director of the Bureau of Land Management; Elaine Y. Zielinski, Director of the Bureau of Land Management for the State of Oregon; ...
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54 F. Supp. 2d 482 (1999) Hayse I. HENDERSON v. ANNE ARUNDEL COUNTY BOARD OF EDUCATION. No. Civ. S 98-2390. United States District Court, D. Maryland. June 14, 1999. *483 Norris C. Ramsey, Law Office, Baltimore, MD, for Plaintiff. Kimberly Hale Carney, Anne Arundel County Office of Law, Annapolis, MD, William D. Evans, Jr., Assistant County Attorney, Annapolis, MD, for Defendant. MEMORANDUM OPIN...
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70 F. Supp. 2d 815 (1999) Lillian Pebbles MORRISON, Plaintiff, v. CIRCUIT CITY STORES, INC., Defendant. No. C-1-99-017. United States District Court, S.D. Ohio, Western Division. August 12, 1999. *816 *817 Kelly Mulloy Myers, Freking & Betz — 1, Cincinnati, OH, for Lillian Peebles Morrison, plaintiff. Daniel Goodman Rosenthal, Denlinger, Rosenthal & Greenberg — 1, Cincinnati, OH, for Circ...
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MEMORANDUM AND ORDER This matter comes before the Court on the defendant’s motion to dismiss for failure to state a claim (filing 13). The plaintiffs have opposed the motion. Both parties have briefed the issues. Following the Court’s review of the pleadings, briefs and case law, the Court will grant the defendant’s motion to dismiss the plaintiffs’ complaint pursuant to Rule 12(b)(6) of the Fe...
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OPINION Defendant, Cory Stephen Lake (“Lake”), has pled guilty to one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B), based on the seizure of 350 computer disks containing images depicting children engaged in sexual activities. The Government has moved for several upward departures, seeking an increase both in Lake’s criminal history category, as well ...
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ORDER The Government filed this action to recover damages for an unpaid tax liability due on the Estate of Willie G. Holt. The gravamen of the Government’s complaint is that the defendants named herein are allegedly liable for the unpaid tax of the estate under Georgia law because they are beneficiaries of the estate. The Court has jurisdiction over this action, pursuant to 28 U.S.C. ...
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*768 MEMORANDUM OPINION THIS MATTER is before the Court on the Defendant Willow Oaks Country Club’s MOTION TO DISMISS or, in the alternative for PARTIAL SUMMARY JUDGMENT. For- the reasons stated below, the Court DENIES the Motion. I.Background This is an action alleging both racial discrimination in employment in violation of the Civil Rights Act of 1866, 42 U.S.C. § 1981 (“ § 1981”) an...
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MEMORANDUM AND ORDER On October 14, 1998, Plaintiff Holmes Products Corporation (“Holmes”) filed this action against Defendant Catalina Lighting, Inc. (“Catalina”) seeking a declaration of non-infringement, invalidity, and unen-forceability of Catalina’s U.S.Patent No. 5,801,490 (“the ’490 patent”), pursuant to 28 U.S.C. §§ 2201, 2202. Catalina brought counterclaims alleging patent infringement...
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MEMORANDUM AND ORDER This matter is presently before the court upon defendant’s motion to vacate, set *1339aside or correct sentence pursuant to 28 U.S.C. § 2255. In this motion, defendant contends that the court erred in several respects concerning his sentencing. Having carefully reviewed the files in this case, the court is now prepared to rule. On February 23, 1998, a jury found the defendant ...
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ORDER ON MOTION TO DECERTIFY CLASS AND RELATED MOTIONS THIS CAUSE came before the Court upon the following pending Motions: Defendant’s Motion to Decertify Class (or in the Alternative, Motion to Redefine the Class) (“Motion To Decertify”) (DE# 81); Plaintiffs Memorandum in Opposition to Defendant’s Motion to Decertify the Class and Cross-Motion to Expand the Class Definition (“Memorandum in Op...
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*514 MEMORANDUM DECISION ON INTERSTATE BRANDS CORPORATION’S MOTION TO DISMISS I. Introduction This matter is before the court on defendant Interstate Brands Corporation’s (“IBC”)1 motion to dismiss which was filed on December 9, 1998. No response was filed by the plaintiffs.2 A hearing on the motion was held on January 19, 1999. The court having considered all the evidence, including affidavits,...
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OPINION TABLE OF CONTENTS Introduction . 458 I. BACKGROUND 458 II. DISCUSSION. rH CD TrtH A. Motion to Dismiss Standard. rH CD TrtH B. Count I — Liability Under §§ 3729(a)(1), (2), & (3) 04 CD C. Count II — Individual Liability Under Whistleblower Provision, § 3730(h). 05 D. Count III — CEPA Liability. 05 1. Whether CEPA is Preempted as a Matter of Federal Law Oí a. The English Categories of Pree...
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58 F.Supp.2d 503 (1999) RTC MORTGAGE TRUST 1994 N-1, a limited liability Delaware business trust, Plaintiff, v. FIDELITY NATIONAL TITLE INSURANCE COMPANY, Nations Title Insurance Of New York, Eastern Developers Abstract, Inc., Caine, Dipasqua, Sloane & Raffaele f/k/a Caine, DiPasqua, Sloane, Raffaele & Nigro, Lawyers Title Insurance Corporation, and Rocco M. Nigro, Defendants. No. CIV.A. ...
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OPINION This civil rights suit alleging claims for the violation of Plaintiffs First, Fourth, Eighth and Fourteenth Amendment rights requires the Court to address several difficult issues of law which are unresolved in this District. First, I must determine the appropriate legal standard to be applied to a claim for post-conviction malicious prosecution in the wake of the Third Circuit’s ...
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MEMORANDUM AND ORDER WITH REGARD TO DEFENDANT’S MOTION FOR DISCOVERY (Docket No. U) Michael Tuitt (“Defendant”) is being prosecuted in connection with the alleged sale of 4.6 grams of cocaine base, ie., crack cocaine, to an undercover government agent in violation of 21 U.S.C. § 841(b)(1). Together with Khadijah Watt, Defendant was indicted on December 17,1998. Presently before the co...
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ORDER GRANTING DEFENDANTS’ AMENDED MOTION TO DISMISS OR, ALTERNATIVELY, FOR SUMMARY JUDGMENT; DISMISSING PLAINTIFF’S FIRST AMENDED COMPLAINT AND ACTION The court heard Defendants’ Motion on August 18, 1999. Peter J. Lesser, Esq., appeared at the hearing on behalf of Plaintiff; Gregory J. Schaefer, Esq., appeared at the hearing on behalf of Defendants. After reviewing the motion and th...
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OPINION & ORDER This is an action seeking declaratory and injunctive relief and damages by certain property owners against the City of Highland Heights. The plaintiffs 1 complain *910 against the designation of a certain area within the City known as Gateway West as part of an urban redevelopment project, pursuant to Ky. Rev. Stat. AnN. § 99.330, et seq. T...
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ORDER This matter is presently before the court upon defendant’s motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255. The defendant seeks to vacate his sentence in this case, contending that his appointed counsel failed to file a timely appeal directed at certain sentencing issues after he directed him to do so. The court has conducted an evidentiary *1247hearing on this...
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47 F.Supp.2d 1233 (1999) NAVAJO NATION, Plaintiff, v. SUPERIOR COURT OF THE STATE OF WASHINGTON FOR YAKIMA COUNTY; Court Commissioner Susan Hahn, Court Commissioner, Yakima County; James W. Norris; Gayle Norris; J. Eric Gustafson, Defendants. No. CY-98-3001-EFS. United States District Court, E.D. Washington. March 31, 1999. *1234 *1235 Craig Dorsay, Portland, OR, Elizabeth Nason, for Navajo Natio...
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MEMORANDUM OPINION AND ORDER REGARDING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION I. INTRODUCTION In this action, plaintiff Margarita Guerrero seeks judicial review of a decision of an administrative law judge (ALJ) denying her application for Social Security benefits under Title II (disability insurance (DI)) and Title XVI (supplemental security income (SSI)) of the Social Security Act. Guer...
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MEMORANDUM AND ORDER An insured is here suing an insurer asking this Court to construe in its favor certain provisions of a commercial general liability insurance policy. Plaintiff War-field-Dorsey Company, Inc. (“Warfield”) has brought this action seeking a declaratory judgment pursuant to 28 U.S.C. § 2201(a). Named as defendant is The Travelers Casualty & Surety Company of Illinois ...
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ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT I. Introduction A. Background Detroit radio personality J.P. McCarthy, who died in August, 1995, spent years hosting the morning “drive-time” show on local radio station, WJR. 1 From about 1990 onwards, the show was introduced by a theme song written by Robert Laurel, a Detroit musician who owns" both plaintif...
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71 F.Supp.2d 864 (1999) BOARD OF TRUSTEES, SHEET METAL WORKERS' NATIONAL PENSION FUND, Plaintiff, v. ILLINOIS RANGE, INC., IRC Holding Corp., I Range, Inc., Edward Krakowiak, Edward Krysa and Donald Brokaw, Defendants. No. 98 C 8321. United States District Court, N.D. Illinois, Eastern Division. October 5, 1999. *865 David S. Allen, Jacobs, Burns, Orlove, Stanton & Hernandez, Chicago, IL, Ter...
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MEMORANDUM OPINION Plaintiff Bayou Fleet, Inc. filed this action for monetary, injunctive, and declaratory relief alleging civil rights violations under 42 U.S.C. § 1983, antitrust violations under the Sherman Act, 15 U.S.C. §§ 1 and 2, and state law violations of the Louisiana Unfair Trade Practices Act, La. Rev.Stat. ann. § 15:1401, et seq. Bayou *736 Fleet named as def...
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MEMORANDUM AND ORDER ON A PETITION FOR WRIT OF HABEAS CORPUS Petitioner Richard Gray, a citizen of Jamaica, was convicted of an aggravated felony (a drug offense) on December 4, 1995. On February 22, 1996, while incarcerated, Gray was served with an order to show cause by the Immigration and Naturaliza *189 tion Service (INS). On May 8, 1996, Gray made an initial appearance before an Immigr...
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MEMORANDUM Defendant Scott has moved to suppress the government’s use of certain evidence seized from real property or buildings located near his residence, evidence seized from his residence, and statements made by defendant while in police custody. (Court File No. 9). This Court held an evidentiary hearing and heard oral arguments by counsel on August 16, 1999. After considering the record and...
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MEMORANDUM Plaintiff Dale Buchanan (“Buchanan”) has sued the defendant Kenneth S. Apfel, Commissioner of Social Security (“Commissioner”) asking this Court to review the reasonableness of the attorney fees awarded to Buchanan by the Commissioner in five cases,1 and to grant injunctive relief requiring the Commissioner to calculate attorney fees in accordance with the applicable laws and regulat...
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MEMORANDUM This matter comes before the Court on plaintiff Virginia Rievley’s (“Rievley”) motion to remand (Court File No. 5). In April 1999, Rievley filed a complaint in the Chancery Court of Hamilton County, Tennessee, claiming breach of insurance contract, breach of fiduciary duty, and bad-faith denial of insurance benefits under Tenn. Code AnN. § 56-7-105 (1994). Defendants Blue C...
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MEMORANDUM OPINION AND ORDER REGARDING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION [[Image here]] What is the significance of the claimant’s evidence of chronic pain syndrome in this application for disability benefits under the Social Security Act? The claimant contends that the administrative law judge overlooked the evidence that she is totally disabled by chronic pain syndrome, ...
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MEMORANDUM OPINION AND ORDER REGARDING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE I. INTRODUCTION In this action, plaintiff Kathy J. Robbins seeks judicial review of a decision of an administrative law judge (ALJ) denying her application for Social Security benefits under Title II (disability insurance (DI)) and Title XVI (supplemental security income (SSI)) of the Social Security Act. Robbi...
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64 F. Supp. 2d 183 (1999) In the Matter of the Application of [SEALED] To Confirm and Enforce An International Arbitral Award Issued by an Arbitral Tribunal of the International Court of Arbitration International Chamber of Commerce Against [Sealed]. No. CIV.A. CV-98-6025 DGT. United States District Court, E.D. New York. September 28, 1999. Steven R. Schoenfeld, Haythe & Curley, New York, NY, for...
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ORDER ADOPTING REPORT AND RECOMMENDATION Pending before the Court are objections submitted by Defendant Debra Fogel to the Report and Recommendation of United States Magistrate Judge Michael L. Oren-stein, (hereinafter “Report”), dated September 14, 1999. Familiarity with the complete procedural history of this matter is presumed. A dispositive motion may be referred to a Magistr...
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MEMORANDUM-DECISION AND ORDER This matter is brought pursuant to §§ 205(g) & 1631(b)(3) of the Social Security Act, as amended, 42 U.S.C. §§ 405(g) & 1383(c)(3), to review a final determination of the Commissioner of Social Security denying the plaintiffs claim for Social Security Disability benefits. The parties have filed their briefs, including the Administrative Record on Appeal, and the ma...
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OPINION AND ORDER Defendants, Ocean Rig 1 AS and Ocean Rig 2 AS (hereinafter “Ocean Rig” or “defendants”), move pursuant to Fed.R.Civ.P. Rules 12(b)(1) and (6) to dismiss the complaint and to vacate the maritime attachment brought by plaintiff Marítima Petró-leo E Engenharia LTDA (hereinafter “Marítima” or “plaintiff’) on the grounds that: (1) there is no admiralty jurisdic...
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OPINION AND ORDER Plaintiff Gidatex, S.r.L. (“Gidatex”) filed this suit against Defendants Campaniello Imports, Ltd., Campaniello Imports of Florida, Ltd., and Campaniello Enterprises, Inc. (collectively “Campaniello”) in 1997, alleging violations of the Lanham Act, 15 U.S.C. §§ 1114(l)(a) and 1125(a), common law trademark infringement, and common law unfair competition. Jurisdic ...
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OPINION Plaintiffs have moved for an order granting final certification of the settlement Class1 and for approval of the proposed settlements with four groups of defendants involving an aggregate of $134,600,000 as fair, reasonable and adequate, and in pursuance of the requirements of Rule 23 of the Federal Rules of Civil Procedure. These settlements (which, with interest, has now grown to in e...
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OPINION Defendants Timothy Dolph (“Dolph”) and the City of White Plains (“White Plains” or “the City”) have moved for summary judgment, pursuant to Rule 56, Fed. R.Civ.P., dismissing the complaint of plaintiff Dorothy Brennan (“Brennan”), who has alleged sexual discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e ...
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70 F.Supp.2d 1044 (1999) MSM INVESTMENTS COMPANY, LLC, Plaintiff, v. CAROLWOOD CORPORATION, G. Rex Bailey, Stephen J. Locke, Trimedica International, Inc., Natural Balance, Inc., dba Pep Products, Inc., Nurgetics, Inc., dba Bio Synergy Neutriceuticals, Vidot Enterprises, Inc., Defendants. No. 98-20238 EAI. United States District Court, N.D. California. September 30, 1999. *1045 Bruce S. Osterman,...
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ORDER This cause comes before the Court on Appellant’s Appeal from judgment of the United States Bankruptcy Court for the Middle District of Florida, which was en *190 tered on July 17, 1998 by Bankruptcy Judge Thomas E. Baynes, Jr. Appellant filed its initial brief on October 20, 1998. (Doc. No. 4). Appellee filed an answer brief on November 13, 1998. (Doc. No. 9). ...
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54 F.Supp.2d 54 (1999) Frederick W. POLLINI and Pamela J. Pollini, Plaintiffs, v. RAYTHEON DISABILITY EMPLOYEE TRUST, The Trustees of Raytheon Disability Employee Trust and Metropolitan Life Insurance Company, Defendants. No. 97-CV-12229 MEL. United States District Court, D. Massachusetts. May 11, 1999. *55 Robert O. Berger, III, Boston, MA, for Plaintiffs. Rita Gylys, Blue Cross/Blue Shield of M...
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ORDER AND REASONS Plaintiff Charles D. Marshall, Jr., as Executor of the Estate of Catherine E. Potts Marshall (“Executor”), filed this suit for a refund of federal estate taxes and related interest in the amount of $349,311, plus interest. The parties stipulated the undisputed facts set forth by the Executor. The case is before the court on cross-motions for summary judgment. The cou...
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ORDER ON DEFENDANT’S MOTION TO DISMISS THE COMPLAINT AND MOTION TO SUPPRESS OR OTHERWISE EXCLUDE EVIDENCE In a one count information, the Government has charged Defendant Ivo Hongla-Yamche (“Hongla-Yamche”) with violating the Endangered Species Act, 16 U.S.C. §§ 1538(c)(1) & 1540(b)(1). Defendant has moved this Court to Dismiss the Information and the charges against him or, in...
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MEMORANDUM AND ORDER This suit arises out of the prosecution of William Gatter, a former Philadelphia police sergeant, for perjury before a grand jury. Gatter was later acquitted of the charge. The complaint alleges causes of action against remaining defendants James Danbach, 1 Special F.B.I. Agent, and James Williamson, Special Deputy Marshal, for violations of Gatter’s ci...
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OPINION AND ORDER Plaintiffs Lorraine E. Bishop, Doreen Cain, Judy Morris, and Patricia Thompson (“Plaintiffs”) filed this action on July 23, 1998 against Defendant National Railroad Passenger Corporation (“Defendant”) pursuant to Title VII of the Civil Rights Act of 1964. 1 Plaintiffs seek damages for claims of sex discrimination and sexual harassment. I. STANDARD OF ...
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ORDER-MEMORANDUM AND NOW, this 6th day of 'October, 1999, defendant City of Philadelphia’s motion for summary judgment is denied. Fed.R.CivJP. 56. 1 Defendant moves for summary judgment on plaintiffs Age Discrimination in Employment Act (ADEA) claim. 2 29 U.S.C.' §§ 621 et seq. Defendant argues that plaintiff failed to meet the filing requirements under 29 U.S.C. §§ 626(d), 633(b). 3...
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MEMORANDUM OPINION The issue before the Court is the scope of the medical malpractice Continuing Treatment Rule, which requires that treatment by physicians be continuous and substantially uninterrupted. In particular, the Court must determine if Defendants’ treatment of Plaintiff from 1991 through 1997 was continuous and substantially uninterrupted even though Plaintiff took an eleven-month ...
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.ORDER This case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1), on July 23, 1997. On January 15, 1999, defendants’ filed a motion for motion for summary judgment. On June 28, 1999, Magistrate Judge Fos-chio filed a Report and Recommendation, recommending that defendants’ motion for summary judgment be granted in part and denied in part. Plaintiff filed o...
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78 F.Supp.2d 558 (1999) UNITED STATES of America, Plaintiff, v. William W. ESTABROOK, et al., Defendants. No. 3-97-CV-1527-BD (P). United States District Court, N.D. Texas, Dallas Division. October 1, 1999. *559 Cynthia Ann Vance, U.S. Department of Justice, Dallas, TX, for Plaintiff. Lane McDaniel, Law Office of Lane McDaniel, Dallas, TX, for Defendant William W. Estabrook and Mariette M. Estabr...
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70 F.Supp.2d 1 (1999) BUILDING INDUSTRY ASSOCIATION OF SUPERIOR CALIFORNIA, et al., Plaintiffs, v. Bruce BABBITT, et al., Defendants. No. Civ.A. 95-0726(PLF). United States District Court, District of Columbia. September 3, 1999. Lawrence R. Liebesman, Linowes & Blocher, Silver Spring, MD, for plaintiffs. Lyn Jacobs, Wildlife & Marine Resources Section, Environmental Division, U.S. Dept o...
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ORDER Inmate plaintiff Johnny Cebern Hamilton brought this 42 U.S.C. § 1983 action against Liberty County, its sheriff, and the sheriffs deputy (defendant Jimmy Downs, Jr.), who allegedly ran over plaintiff with his patrol car during an arrest. Doc. # 2. At the close of evidence during trial, the Court granted Downs’s F.R.Civ.P. 50(a)(1) motion against Hamilton’s state-law negligence claim. See ...
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69 F. Supp. 2d 128 (1999) Gail G. BILLINGTON, Plaintiff, v. DEPARTMENT OF JUSTICE, Defendant. No. Civ.A. 92-0462(RCL). United States District Court, District of Columbia. September 30, 1999. *129 *130 *131 *132 Gail G. Billington, Leesburg, VA, pro se. Scott S. Harris, Marina Utgoff Braswell, Darya Geetter, United States Attorney's Office, for defendant. *133 MEMORANDUM OPINION LAMBERTH, Distr...
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71 F.Supp.2d 1346 (1999) Ruthie A. POSPICIL, Plaintiff, v. THE BUYING OFFICE, INC., et al., Defendants. Civil Action No 1:98-CV-1280-JOF. United States District Court, N.D. Georgia, Atlanta Division. September 30, 1999. *1347 *1348 *1349 *1350 Perry Pearce Benton, Alpharetta, GA, Marion Francis Walker, Birmingham, AL, for Plaintiff. Cary Ichter, Steven Kushner, Meadows, Ichter & Trigg, Atlant...
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OPINION & ORDER This matter was referred to the undersigned United States Magistrate Judge pursuant to the provisions of 28 U.S.C. § 636(c)(1) and Rule 72 of the Rules of the United States District Court for the Eastern District of Virginia. *797 I.PROCEDURAL BACKGROUND On August 25, 1999, the Court heard argument on the motions of Sharon M. McDonald and the Cit...
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ORDER DENYING MOTION TO DISMISS Plaintiff Connor brings this action against her former employer, WTI, alleging sexual discrimination and unlawful retaliation in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e et seq., and the Civil Rights Act of 1991, as well as civil battery and malice claims under Texas state law. Now before the Co...
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OPINION AND ORDER On November 18, 1998, agents from the Bureau of Alcohol, Tobacco and Firearms (hereinafter “ATF”) executed a search warrant at defendant’s home. While the warrant was issued particularly for the search of the residence, upon defendant’s consent, ATF agents also searched a 1996 Chrysler Intrepid (hereinafter the “Intrepid”) belonging to him, which was parked on the street in fr...
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MEMORANDUM AND ORDER By notice of motion dated January 15, 1999, defendants Grinnell Lithographic Co., Inc. (“Grinnell”) and Oliver Munson (“Munson”), seek the following relief: 1. an order pursuant to Rule 56 of the Federal Rules of Civil Procedure: (a) dismissing all claims of Philip Morris, Incorporated (“plaintiff’) for failure to prove that it suffered an injury as a re...
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ORDER Pending before the Court is the Plaintiffs Motion to File Documents Under Seal, filed September 23, 1999. Both Plaintiff and Defendant in this case have requested that the motion, with exhibits, be filed under seal on the grounds that the filed documents and exhibits refer to and contain patented products and trade secrets that are otherwise protected by law. As a general rule, all document...
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OPINION AND ORDER This cause is before the Court on Defendants’ Motion for Summary Judgment, Plaintiffs Motion to Dismiss Defendants’ Counterclaim for Lack of Subject Matter Jurisdiction, and Plaintiffs Motion to Exclude Expert Testimony of Former HUD Employee James Tahash. Having considered the Motions, Responses, Rebuttals, supporting and opposing authority, and all attachments to e...
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OPINION AND ORDER Pending before the Court is a motion for summary judgment filed by defendants Radtec, Inc. (“Radtee”), Frank Kremser III (“Kremser”), and Luis A. Colón Balles-ter (“Colón”), hereinafter “defendants” (Docket # 16). Plaintiffs filed an opposition thereto (Docket # 25), to which defendants filed a reply (Docket # 28). Upon examination of the relevant facts, the applicable law, and ...
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68 F. Supp. 2d 730 (1999) UNITED STATES of America, Plaintiff, v. Anthony Thomas FOYE, Defendant. No. CR. A. 2:99-00023. United States District Court, S.D. West Virginia, Charleston Division. October 7, 1999. *731 Monica K. Schwartz, Assistant United States Attorney, Charleston, WV, for plaintiff. Edward H. Weis, First Assistant Federal Public Defender, Charleston, WV, for defendant. MEMORANDUM ...
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MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFF’S APPLICATION FOR ATTORNEY FEES This matter comes before the court pursuant to plaintiffs attorney’s September *990 22, 1999, Application For Attorney Fees pursuant to 28 U.S.C. § 2412, the Equal Access to Justice Act. This fee application follows reversal of the ALJ’s denial of Title II disability benefits and remand of this case to the Commis...
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79 F. Supp. 2d 16 (1999) Roberto Aponte CINTRON, et al., Plaintiffs, v. SAN JUAN GAS, INC. et al., Defendants. No. CIV. 96-2448(SEC). United States District Court, D. Puerto Rico. September 30, 1999. Jaime F. Agrait-Llado, Ramon L. Walker-Merino, San Juan, P.R., for Plaintiffs. Carmen E. Alfonso-Arroyo, Judith Flores-Ayala, Pinto-Lugo & Rivera, Jorge Freytes-Forect, Bauza & Davila, Angel ...
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ORDER This matter is before the court on Defendants’ Motion for Summary Judgment filed March 3,1999. *573 I.FACTUAL BACKGROUND Because this action is before the court on Defendants’ Motion for Summary Judgment, the facts are stated in the light most favorable to the Plaintiffs: 1. Plaintiff Samantha Truelove, formerly known as Samantha Anne Mullins, lived in North Carolina. She had a re...
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DECISION AND ORDER Plaintiff United States Fire Insurance Company (“U.S.Fire”) seeks a declaration that it need not indemnify defendant Green Bay Packaging, Inc. (“Green Bay”) under an excess liability insurance policy for a payment Green Bay was required to make to satisfy a judgment. Green Bay counterclaims, also seeking a declaration as to U.S. Fire’s obligations under the policy a...
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71 F.Supp.2d 517 (1999) GTE WIRELESS, INC. Plaintiff. v. QUALCOMM, INC. Defendant. No. CIV.A. 3;99CV460. United States District Court, E.D. Virginia, Richmond Division. October 1, 1999. Brian Charles Riopelle, McGuire, Woods, Battle & Boothe, Richmond, Robert F. Ruyak, Howrey & Simon, Washington, DC, Leonard C. Suchyta, GTE Service Corp., Intellectual Property, Irving, TX, for GTE Wireles...
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MEMORANDUM OPINION On or about October 15, 1998, the Tribal Council Chairman of the Alabama-Coushatta tribe and a non-Indian corporation entitled the Tribal Smokeshop, Inc., a/k/a Tribal Partners, Inc., entered into a written contractual agreement to build and operate a commercial venture on tribal lands. On or about November 20, 1998, the Alabama-Coushatta Council declared the agreem...
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ORDER I. INTRODUCTION: Defendant Neatherlin was arrested near Eureka, Montana within three miles of the Canadian border and charged with one count of possession of a controlled substance with intent to sell and one count of possession of a firearm in drug trafficking. Neatherlin moves to suppress all evidence seized from him as well as statements he made during his arrest and the search of hi...
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70 F. Supp. 2d 1277 (1999) Duane VERRETT, individually and on behalf of all others similarly situated Plaintiffs, v. THE SABRE GROUP, INC., a Delaware corporation, Defendant. No. 97-C-782K. United States District Court, N.D. Oklahoma. August 30, 1999. *1278 Steven R Hickman, Frasier Frasier & Hickman, Tulsa, OK, for Duane Verrett, Terri Oden, Carlos A Rodriguez, Frederick Wiley, Kathy Wiley, ...
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71 F.Supp.2d 967 (1999) UNITED STATES of America, Plaintiff, v. Cornelius PEOPLES and Xavier Lightfoot, Defendants. Nos. 98-00149-01-CR-W-6, 98-00149-02-CR-W-6. United States District Court, W.D. Missouri, Western Division. October 6, 1999. *968 Matt Whitworth, Mark Miller, United States Attorney's Office, Kansas City, MO, for plaintiff. Jay DeHardt, Kansas City, MO, William Odle, Kansas City, MO...
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ORDER Presently before this Court is Defendants Grand Casinos, Inc.’s (“Grand Casino”), Lyle A Berman’s (“Berman”), Stanley M. Taube’s (“Taube”), David R. Wirshing’s (“Wirshing”), Thomas A. Lettero’s (“Lettero”), Andrew S. Blumen’s (“Blumen”), and Thomas G. Bell’s (“Bell”) Motion for Summary Judgment or, in the Alternative, Summary Adjudication (# 182) filed on June 4, 1998. Defendant...
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MEMORANDUM OF FINDINGS OF FACT AND CONCLUSIONS OF LAW I. Introduction This case raises the question of whether one of two competitors in the shaving products industry has falsely or misleadingly touted its own product to the disadvantage of the products of the other competitor. Thus does the plaintiff, The Gillette Company (“Gillette”), allege that certain television commerci...
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ORDER This matter comes before the court on Defendant Geha-Werke’s Motion to Dismiss for Lack of Personal Jurisdiction. I. Jurisdictional Facts 1. This products liability case arises out of an injury the infant Plaintiff received when her father, who worked for the United States Navy, took her to work and let her feed paper into a paper shredder located in his office. 2. Th...
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ORDER This action is before the court on Plaintiffs’ Motion to Enforce the Settlement Agreement and for Immediate Entry of Judgment Against Defendants. I. Background On September 11, 1998, Plaintiffs filed their Complaint against twenty-three Defendants, alleging that Defendants were unlawfully conducting an enterprise through a pattern of racketeering activity in violation of t...
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MEMORANDUM OPINION Granting the Motion to Dismiss as to Count 1 and Count 3; Denying the Plaintiffs Motion for Summary Judgment as to Count 1 and Count 3; Denying the Motion to Dismiss as to Count 2; Denying without Prejudice the Plaintiffs Motion for Summary Judgment as to Count 2 Ordering Discovery Related to Count 2 I. INTRODUCTION This matter is before the court upo...
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54 F. Supp. 2d 1283 (1999) FLORIDA STATE CONFERENCE OF NAACP BRANCHES, Cynthia Slater, Jimmon Watson, and Crystal Lewis, Plaintiffs, v. CITY OF DAYTONA BEACH, FLORIDA, Kenneth Small, and Paul Skinner, Defendants. No. 99-406-CIV-ORL-19A. United States District Court, M.D. Florida, Orlando Division. April 8, 1999. *1284 Mark R. Brown, Stetson Univ. College of Law, St. Petersburg, FL, Charles Gilber...
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OPINION This matter comes before the Court on PlaintifPCounterclaim Defendant M. Eagles Tool Warehouse, Inc. d/b/a S & G Tool Aid Corp.’s (“S & G”) motion for partial summary judgment. For the reasons discussed below, S & G’s motion for partial summary judgment is granted in part and denied in part. FACTS The Parties S & G is a New Jersey corporati...
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OPINION Once again petitioner LLT International Inc., F/K/A Lee, Liu & Tong Advertising, Inc. (“LLT”) has moved to vacate an arbitration award (the “Award” or the “Second Award”), rendered this time on March 29, 1999, in the continued arbitration between it and respondent MCI Telecommunications Corporation, S/H/A MCI Telecommunications, Inc. (“MCI”). MCI has cross-moved to confirm the...
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MEMORANDUM OPINION In this case, Brenda Greene and George H. Greene, as representatives of the Estate of Florence Greene, Deceased, brought suit in the 60th District Court of Jefferson County, Texas, on October 10, 1997. Numerous defendants were sued originally, and most of the original defendants have been non-suited. The only defendants remaining are Mobil Oil Corporation, Mobil Oil Corporatio...
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MEMORANDUM Brenda and George H. Greene, as representatives of the estate of Florence Greene, Deceased, brought a wrongful death/ survivor suit in the 60th District Court of Jefferson County, Texas, on October 10, 1997. Alleging the negligent release of toxic materials into the environment the suit named a number of defendants, most of whom have since been non-suited. The remaining def...
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MEMORANDUM The United States Court of Appeals for the Fifth Circuit has remanded this case to this court to make findings upon defendant’s motion for new trial which defendant asserts is based upon newly discovered evidence. United States v. DeVoe, 489 F.2d 158 (5th Cir.1974). This court may not grant a new trial following the hearing, but may deny it. United States v. Fuentes-Lozano, 580...
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MEMORANDUM OPINION This matter comes before this Court pursuant to Fed.R.CivP. 23(e) for approval of a proposed settlement agreement (“the Settlement”) entered into by the Plaintiffs and Defendants. The Court has considered the written submissions of the parties, 350 responses to the Settlement by certain members of the class, the record of the fairness hearing, held on July 6, 1999, and ...
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88 F. Supp. 2d 326 (1999) Roger COPLAND, et al., Plaintiffs, v. Jack GRUMET, et al., Defendants. No. Civ.A. 96-3351 MLC. United States District Court, D. New Jersey. August 26, 1999. *327 Peter S. Pearlman, Cohn, Lifland, Pearlman, Herrman & Knopf, Saddle Brook, NJ, for plaintiff Roger Copland. Allyn Z. Lite, Lite, DePalma, Greenberg & Rivas, LLC, Newark, NJ, for plaintiffs Henry Billeter...
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67 F. Supp. 2d 1325 (1999) Jacqueline TURNER, on behalf of herself and all others similarly situated, Plaintiffs, v. BENEFICIAL CORPORATION and Beneficial National Bank, USA, Defendants. No. Civ.A. 95-A-1212-N. United States District Court, M.D. Alabama, Northern Division. October 7, 1999. *1326 C. Knox McLaney, III, McLaney & Associates, Montgomery, AL, Louis C. Rutland, Rutland & Braswe...
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OPINION This is a patent case. The plaintiffs are Siemens Aktiengesellchaft, a German corporation, and its subsidiary, Siemens Microelectronics, Inc., a Delaware corporation with its principal place of business in Cupertino, California (collectively “Siemens”). The defendants are LG Semicon Co., Ltd., a Korean corporation, and its subsidiary, LG Semicon America, Inc., a California corpora...
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MEMORANDUM This is a civil rights action under 42 U.S.C. § 1983 set in the factual context of use of force by a school teacher, Kevin Callahan, against a student, Robert Kuril-la. The procedural context in which this matter is now before the Court is provided by Kurilla’s objections to the Report and *557 Recommendation of Magistrate Judge Thomas M. Blewitt. Magistrate Judge Blewitt propose...
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OPINION This is a consumer deception case. Plaintiff is Stuart L. Sagal, a citizen and resident of the State of Maryland. He is suing on behalf of himself and all others similarly situated. Defendant is First USA Bank, N.A., a federally chartered banking association with its principal office in Wilmington, Delaware. Sagal, a First USA credit card holder, transferred funds using a “Co...
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MEMORANDUM AND ORDER This is an action for an award of attorneys fees pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1415 (the “IDEA”). Plaintiffs seek fees pursuant to the provision in the IDEA that authorizes an award of fees to “the parents of a child with a disability who is the prevailing party” in connection with any action or proceeding brought pursuant to the I...
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Memorandum, and ORDER Rodney Evans, proceeding pro se, petitions this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Evans was convicted in 1990 after a jury trial of Murder in the Second Degree, N.Y. Penal Law § 125.25[1] (McKinney 1998), and Criminal Possession of a Weapon in the Second Degree, N.Y. Penal Law § 265.03 (McKinney 1998). He is presently incarcerated, s...
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ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT The Plaintiff, Hillel Hellinger, is suing the Defendant, Eckerd Corporation, for religious discrimination under Title VII for failing to hire him because he refused to sell condoms due to his religious beliefs. The Defendant argues that the Plaintiff cannot establish a prima facie case of religious discrimination because...
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MEMORANDUM-DECISION & ORDER Defendant James Best (“Best”) was convicted by a jury of aiding and abetting in the execution of a scheme to defraud the United States in violation of 18 U.S.C. § 2 (aiding and abetting) and the Major Fraud Act, 18 U.S.C. § 1031. Currently before the Court is Best’s motion pursuant to Fed. R. CRIM. P. 29 for a judgment of acquittal or, in the alternative, pursuant to F...
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MEMORANDUM-DECISION & ORDER Plaintiffs Michele Stetz, Crystal Wein-heimer, Sonya Carmon and Jessie Doughty commenced the instant action against the above-named defendants alleging, inter alia, sexual harassment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., and N.Y. ExeC. Law § 296 (Human Rights Law). Plaintiffs also allege state law claims for assault and ...
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MEMORANDUM DECISION AND ORDER Plaintiffs’ instant action, filed pursuant to Title 42 U.S.C. §§ 1983 and 1988, alleges defendants used excessive force and falsely arrested plaintiffs in violation of their rights under the First, Fourth, Fifth, Eight and Fourteenth Amendments of the United States Constitution. They seek compensatory and punitive damages, as well as attorneys fees and costs. Curre...
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DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT This case, in which a probationary police officer with the City of New Rochelle alleges that her constitutional rights were violated in various respects in connection with her dismissal from the force, is before me on defendants’ motion for summary judgment. Applying the well-settled rules governing such motions, see, e.g., Ce...
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*208 DECISION AND ORDER Now before the Court is the defendant’s motion to dismiss or in the alternative, to stay [# 6]. For the reasons that follow, the defendant’s motion to dismiss the action is granted. BACKGROUND The plaintiff advertising agency is a New York corporation with its principal place of business in Rochester. The defendant is a Delaware corporation with ...
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MEMORANDUM AND ORDER This tax collection case is before the Court on cross-motions for summary judgment. Defendant James Watson filed a Motion for Partial Summary Judgment and Alternative Motion to Dismiss [Doc. # 18] (“Defendant’s Motion”), to which Plaintiff United States of America filed a Response in opposition (“Plaintiffs Response”) [Doc. # 20]. Plaintiff United States of Americ...
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OPINION This matter is before the Court on the motion of defendant Frank D’Agosta to vacate the default judgment entered against him because of allegedly improper service of process and excusable neglect. Pursuant to Fed. R. Civ.P. 78, the Court decides this motion without oral argument. Defendant’s motion to vacate the default judgment is denied. FACTS On August 16,1995, plaintiff Brent James, a...
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OPINION Presently before this Court is an appeal from the Bankruptcy Court’s dismissal of a Chapter 13 petition. The Bankruptcy Court ruled that a default judgment should be included in the calculation of allowable debts under § 109(e) of Title 11 of the United States Bankruptcy Code (“Bankruptcy Code”). Having so determined, the Bankruptcy Court dismissed the proceedings because the accumulate...
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OPINION & ORDER Petitioner Batsaihan Purveegiin (“Pur-veegiin” or “Petitioner”), proceeding pro se, brings this application for a writ of habeas corpus, 28 U.S.C. § 2241, seeking review of an order denying his application for asylum and withholding of removal (hereinafter “deportation”). 1 Petitioner alleges that he will face persecution if he is returned to his native coun...
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MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT CITY OF DETROIT’S MOTION FOR SUMMARY JUDGMENT Presently before the Court is defendant City of Detroit’s motion for summary judgment filed February 19, 1999. Plaintiff Robert E. Horrington brings this § 1983 action against defendant city and two police officers following an incident which occurred on July 27, 1997 in which plaintiff was s...
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MEMORANDUM OPINION Presently before the Court is the Defendants’ motion, in a wrongful birth case, to dismiss Plaintiffs’ claim for damages related to extraordinary medical expenses. The Plaintiffs oppose the motion. The Court considered all written submissions and conducted oral argument by recorded conference call on June 28, 1999. Pursuant to 28 U.S.C. § 636, the parties hav...
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MEMORANDUM Plaintiff filed the present action on June 27, 1997. Before the Court are cross motions for summary judgment filed by the plaintiff, Harrisburg Hospital, and the defendant, Donna E. Shalala, the Secretary of the Department of Health and Human Services (the “Secretary”). The motions are fully briefed and ripe for disposition. In addition, the Court heard oral argument on the...
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MEMORANDUM OPINION This matter comes before the Court on two separate motions to dismiss the complaint filed by Defendants Jackson National Life Insurance Company (“Jackson”) and Lazard Freres & Co. LLC (“Lazard”). Plaintiffs submitted opposition to the motions. The Court reviewed the written submissions and conducted oral argument on June 21, 1999. The parties consented to the jurisdicti...
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*407 OPINION & ORDER Petitioner William LaMorte (“Petitioner” or “LaMorte”) brought this present motion to vacate his conviction and sentence pursuant to 28 U.S.C. § 2255 (“ § 2255 motion” or “habeas petition”) on April 22,1997. In the instant habeas petition, LaMorte alleges (1) that at trial, he was denied effective assistance of counsel and (2) that the Court erroneou...
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71 F.Supp.2d 1255 (1999) Frank A. LANE, Plaintiff, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant. No. 99-2272-CIV. United States District Court, S.D. Florida, Miami Division. September 23, 1999. ORDER K. MICHAEL MOORE, District Judge. THIS CAUSE came before the Court upon Defendant's Motion to Dismiss Count II of the Complaint (DE # 2). UPON CONSIDERATION of the Motion, responses, ...
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54 F. Supp. 2d 817 (1999) Robert TUTMAN, Plaintiff, v. WBBM-TV/CBS INC., Defendant. No. 96 C 4424. United States District Court, N.D. Illinois, Eastern Division. April 29, 1999. *818 *819 Yvonne Owens, Owens and Associates, Chicago, IL, for plaintiff. Linda L. Listrom, Debbie L. Berman, Jenner & Block, Chicago, Illinois, for defendant. ORDER BUCKLO, District Judge. The court has conducted a ...
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106 F. Supp. 2d 1283 (1999) Charles KELLY, et al., Plaintiffs, v. SABRETECH INC., Defendant. No. 97-1718-CIV. United States District Court, S.D. Florida. Miami Division. June 8, 1999. *1284 George G. Mahfood, Leesfield Leighton Rubio & Mahfood, Miami, FL, Thomas Harold Buscaglia, T.H. Buscaglia & Associates, Miami, FL, for Charles Kelly, John A. McCarthy, Robert E. McFetridge. James N. Fo...
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DECISION & ORDER The instant matter was the subject of this Court’s prior Memorandum—Decision & Orders (“MDOs”) dated December 29, 1998, see Franzon v. Massena Memorial Hosp., 32 F.Supp.2d 528 (N.D.N.Y.1998) (“Franzon II”), and Franzon v. Massena Memorial Hosp., 977 F.Supp. 160 (N.D.N.Y.1997), familiarity with which is assumed. The Court will not now rehash the facts or procedural history surroun...
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MEMORANDUM AND ORDER In 1992, the petitioner Nancy Esperanza Matiz was tried and convicted of conspiring to possess with intent to distribute five or more kilograms of cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. On January 4, 1994, her conviction was affirmed by the United States Court of Appeals. United States v. Matiz, 14 F.3d 79 (1st Cir.1994). On April 28, 1997, the petition...
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55 F. Supp. 2d 547 (1999) John MONTECINO d/b/a Tastee Restaurant, Truckstop of Louisiana, Inc., et al. v. State of LOUISIANA, et al. No. Civ.A. 99-1925. United States District Court, E.D. Louisiana. June 28, 1999. *548 *549 Ewell E. Eagan, Jr., A. Gregory Grimsal, Jon Nicholas Graydon, Gordon, Arata, McCollam, Duplantis & Eagan LLP, New Orleans, LA, Robert Stephen Rooth, Corinne Ann Morrison,...
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MEMORANDUM AND ORDER FROM AN APPEAL OF AN ORDER OF THE UNITED STATES BANKRUPTCY COURT Haemonetics Corporation and Nova Biomedical Corporation (Nova) appeal a decision of the Bankruptcy Court discharging civil conspiracy claims against Theresa Dupre, a debtor. The appellants are former employers of Theresa’s husband, Paul Dupre. In November of 1994, Paul Dupre was indicted by a federal...
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65 F. Supp. 2d 580 (1999) LG & E ENERGY MARKETING, INC., Plaintiff, v. CITY OF SPRINGFIELD, ILLINOIS, CITY WATER, LIGHT AND POWER COMPANY, Defendant. No. 3:98-CV-485-H. United States District Court, W.D. Kentucky, at Louisville. October 6, 1999. *581 Susan J. Mohler, Brown, Todd & Heyburn, Lexington, KY, Carl A. Henlein, Arthur S. Beeman, Brown, Todd & Heyburn, Louisville, KY, for pla...
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OPINION Plaintiffs allege that this Court lacks subject matter jurisdiction in this case because complete diversity between the parties does not exist. *922Defendants respond that complete diversity does not exist only because Plaintiffs fraudulently joined an in-state Defendant. Because the Court cannot say that there is no “reasonable possibility” that Plaintiffs can maintain their claim agai...
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OPINION This action arises from a dispute over the authenticity of certain paintings attributed to Lazar Khidekel, a Russian avant-garde artist who died in 1986. René and Claude Boulé are Parisian art collectors who own more than 150 Khidekel paintings. Claude is an art historian and René a retired dentist. The Boulés wish to sell a substantial number of the Khidekels in their collect...
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MEMORANDUM ORDER On June 16, 1999, defendant Mark Garrett Brown was indicted for possession of a stolen 1989 Aeura in violation of 18 U.S.C. § 2313 (Count One), possession of a firearm with an obliterated serial number in violation of 18 U.S.C. § 922(k) (Count Two), and possession of a prohibited firearm in violation of 26 U.S.C. § 5861(e) (Count Three). Brown subsequently moved to sever the ...
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RULING This Court, on its own motion, questioned whether it had subject matter jurisdiction in this case. The parties were asked to brief the issue for the Court. *855After reviewing the entire record, the Court finds that the Court does have subject matter jurisdiction. FACTS AND PROCEDURAL HISTORY In December of 1997, Kimberly Cooper1 and Todd Chambers entered into a Partition of Community Prope...
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RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT This matter is before the Court on cross-motions for summary judgment 1 filed by Charlotte S. Provenza (“plaintiff’) and defendant Woman’s Hospital Foundation (“Woman’s Hospital”). 2 For reasons which follow, the plaintiffs motion for summary judgment shall be granted and defendant’s motion for summary judgment is denied. ...
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MEMORANDUM I. Introduction Pending before the Court are Plaintiffs Motion For Preliminary Injunction (Docket No. 83) and Plaintiffs Motion To Strike (Docket No. 100). The Court held a hearing on these Motions on August 30, 1999. For the reasons set forth below, the Motions are DENIED. II. Factual and Procedural Background A. Procedural Background Plaintiff, a non-profit corporat...
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MEMORANDUM OPINION Plaintiff James R. Levitt claims to be the owner of a Henry Moore sculpture which was seized by the government in connection with a criminal matter and remains in its possession. He commenced this action against the Federal Bureau of Investigation (“FBI”), the United States Attorney for this district in her official capacity, and one Samuel W. Eden. The first claim for ...
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MEMORANDUM-DECISION AND ORDER Introduction Presently before the court are three motions, upon which the court reserved decision following oral argument on July 8, 1999. 1 The first is a motion brought by the plaintiff-intervenor, the United States *68 of America (“the United States”), wherein it is seeking to hold the State of New York (“the State”) alone ...
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OPINION AND ORDER This Opinion And Order confirms the Court’s bench ruling of September 13, 1999, which denied respondent’s motion seeking to dismiss or stay this action pending arbitration. The pertinent allegations, essentially undisputed, are as follows. On July 28, 1998, the Board of Directors of petitioner Cen-dant Corporation held a special meeting in New York to consider t...
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OPINION AND ORDER The United States of America (“Government”) brings this action against Gary M. Poling and Fifth Third Bank of Northwestern Ohio pursuant to 26 U.S.C. §§ 7401 and 7403. 1 This matter is before the Court on the parties’ cross-motions for summary judgment (docs.18, 20). As the result of Poling’s failure to pay federal tax liabilities assessed against him...
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70 F. Supp. 2d 553 (1999) John SCIOTTO and Catherine P. Sciotto on behalf of Louis Sciotto, a Minor, as his parents and natural guardians, Plaintiffs, v. MARPLE NEWTOWN SCHOOL DISTRICT, James Smith, Stu Nathans, and Greg Fendler, Defendant. No. Civ.A. 98-2768. United States District Court, E.D. Pennsylvania. October 13, 1999. *554 James J. Byrne, Jr., Media, PA, for plaintiffs. Derek B. Eddy, Phi...
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MEMORANDUM Presently before the Court is the motion of the defendant PNC Bank, N.A. (“PNC”) *487 for reconsideration of this Court’s order of July 27, 1999, denying the motion of PNC to dismiss Counts II and III of plaintiffs amended complaint (Document No. 18) and plaintiffs response thereto (Document No. 19). Based upon the following considerations, the motion will be d...
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MEMORANDUM OPINION This cause is presently before the Court on the defendant’s motions for partial summary judgment. Upon due consideration of the defendant’s motions, the plaintiffs’ responses thereto, and the memoranda *670 submitted to this Court by both parties, the Court is prepared to rule. The Court finds as follows, to-wit: FACTUAL BACKGROUND On Septembe...
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MEMORANDUM OPINION AND ORDER This matter is before the Court upon the Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Dkt. # 45-1:96CR262; Dkt. # 1-1:98CV1399). Specifically, Petitioner contends that his counsel rendered ineffective assistance of counsel because he did not to object to the “crack enhancement,”1 did not argue that the gun in P...
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71 F.Supp.2d 874 (1999) Rufus SIMS, Petitioner, v. UNITED STATES of America, Respondent. No. 99 C 3913. United States District Court, N.D. Illinois, Eastern Division. October 8, 1999. *875 Joan A. Hill McClain, Chicago, IL, for petitioner. Scott R. Lassar, United States Attorney, David A. Styler, Assistant United States Attorney, United States Attorney's Office, Chicago, IL, for respondent. MEMO...
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OPINION In March 1997, Johnson & Higgins (“J & H”), a well known and closely held insurance firm, was sold to Marsh & McLennan Companies, Inc. (“Marsh”) for aggregate consideration valued at $1.8 billion. Plaintiffs, former J & H director-shareholders who retired prior to the Marsh deal and, upon retirement, sold their J & H shares back to the company for certificates entitling...
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RULING ON THE DEFENDANTS’ MOTION TO COMPEL ARBITRATION AND STAY JUDICIAL PROCEEDINGS This is an action for damages and in-junctive relief in which the plaintiff, Marilyn Carey, alleges that ‘ the defendants, Connecticut General Life Insurance Company (“CGLIC”), CIGNA Corporation (“CIGNA”), and Lincoln National Life Insurance Company (“Lincoln National”), engaged in a pattern and practice ...
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Memorandum and Order I. Pending Motions Before this court are the following filings: (1) Plaintiffs’ Motion to Remand (Docket No. 24, filed August 25, 1999), with supporting memoranda (Dockets No. 25, 34, 45); (2) Defendants’ Memoranda in Opposition (Dockets No. 28, 42, 43); (3) Joint Motion to Defer Automatic Disclosure (Docket No. 26, filed September 2,1999); (4) Defendant Savage Arms, Corp.’s ...
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MEMORANDUM AND ORDER While the laws of supply and demand are widely regarded as immutable and inexorable, their smooth and effective operation depends in large measure on brokers who match sellers and buyers in myriad ways. This case concerns a broker who has run amok. Among other activities, the plaintiff here, Entertainment Publications, Inc. (“Entertainment”), prepares and dis...
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71 F.Supp.2d 383 (1999) Roy F. SUTTON, Plaintiff, v. Ronald W. SUTTON, individually and as Personal Representative of the Estate of Co-Trustee Loretta E. Sutton, et al., Defendants. Civil Action No. 99-573 (JBS). United States District Court, D. New Jersey. October 13, 1999. *384 Roy F. Sutton, Galloway Township, NJ, Plaintiff pro se. Frederic L. Shenkman, Cooper Perskie April Niedelman Wagenheim...
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MEMORANDUM OPINION I. Before the court is the defendant’s August 9, 1999 “Motion to Dismiss Indictment.” Defendant Ray Dayton Dove was indicted by the grand jury on March 11, 1999 and charged with three counts of violations of the Lacey Act, 16 U.S.C. §§ 3372(a)(2)(A), 3373(d)(1)(B), involving the unlawful sale of wildlife. Dove seeks to dismiss count three of the indictment. For the reasons di...
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ORDER This cause comes before the Court for consideration of Florida Municipal Power Agency’s (“FMPA”) Motion for Summary Judgment (Dkt.312) and Florida Power & Light Company’s (“FPL”) Motion for Summary Judgment (Dkt.301). FMPA contends that FPL has refused to sell it transmission services on a fair basis, in violation of FPL’s contractual obligations and in violation of feder...
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MEMORANDUM AND ORDER ON PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT ON COUNT I OF THE COMPLAINT In this somewhat unusual case, two Harvard College students, suspended by the school’s disciplinary board after having been found guilty of stealing money from Harvard Student Agencies (HSA), a student-run business, are asking that the College nonetheless be ordered to award them their degrees....
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MEMORANDUM AND ORDER Stephen Saccoccia has moved to vacate his sentence, pursuant to 28 U.S.C. § 2255. For reasons hereinafter stated, that motion is denied. Background In 1993, Stephen Saccoccia was convicted of multiple counts of RICO conspiracy, money laundering and related offenses arising out of his activities in laundering the proceeds of illegal drug transactions. He ...
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OPINION Plaintiffs filed the instant lawsuit claiming that, as a result of the defendants’ negligence and creation of a nuisance, plaintiff Thomas B. Bennett fell while in the line of duty as a police officer on defendants’ premises, causing him great pain, emotional anguish, and expenses. Now before the Court is the defendants’ motion to exclude plaintiffs’ proffered expert’s report ...
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ORDER GRANTING ROYAL CARIBBEAN’S RENEWED MOTION FOR SUMMARY JUDGMENT THIS MATTER came before the Court on Royal Caribbean Cruises, Ltd.’s (“Royal Caribbean”) Renewed Motion for Summary Judgment. Royal Caribbean instituted this limitation action pursuant to the Limitation of Vessel Owner’s Liability Act, 46 App. U.S.C. §§ 181-188 (the “Limitation Act”), and FedR.Civ.P. Suppl...
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ORDER This action, involving the relationship between the Insolvency Statute, 31 U.S.C. § 3713(a), and the Federal Tax Lien Act of 1966, 26 U.S.C. § 6321 et seq., is before the Court on cross-motions for summary judgment filed by third-party defendant United States of America [11-1] and by plaintiff KS Financial Group, Inc. [22-1], For the reasons stated below, the motion of the United Stat...
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ORDER AFFIRMING IN PART AND REVERSING IN PART THE BANKRUPTCY COURT’S JUDGMENT; REMANDING CASE Appellants Hemar Insurance Corporation of America (“Hemar”) and Great Lakes Higher Education Corporation (“Great Lakes”) seek reversal of the bankruptcy court’s December 9, 1998 judgment discharging appellees John M. and Catherine C. Brown’s (the “Browns”) student loans pursuant to 11 U.S.C. § 52...
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MEMORANDUM OPINION AND ORDER On October 28, 1996, Plaintiff, Janet E. Virostek, filed the above-captioned action against the Liberty Township Police Department and Trustees (“Liberty”) and its Chief of Police, Gerald T. Wardrop 1 (“Wardrop”) alleging that Defendants discriminated and retaliated against her based upon her sex, age, and disability in violation of 29 U.S.C. §§ 621...
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52 F. Supp. 2d 638 (1999) Christopher GOINS, Petitioner, v. Ronald G. ANGELONE, Director, Virginia Dept. of Corrections, Respondent. No. Civ.A. 97-1406-A. United States District Court, E.D. Virginia, Alexandria Division. June 10, 1999. *639 *640 *641 *642 *643 *644 Steven David Benjamin, Richmond, VA, Robert Stanley Powell, Arlington, VA, Frank Salvato, Alexandria, VA, for Christopher C. Goins, p...
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54 F.Supp.2d 1332 (1999) Rebecca LEWIS, Brenda Heath, Linda Hughes, Martha Carver, Lois Gerstenberger and Rita Smith, Plaintiffs, v. David McDADE, Individually and in his Official Capacity as District Attorney, Defendants. No. Civ.A. 195CV2766-RWS. United States District Court, N.D. Georgia, Atlanta Division. July 13, 1999. *1333 *1334 Allan Leroy Parks, Jr., Harlan Stuart Miller, III, David C. A...
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70 F.Supp.2d 1109 (1999) Harry TOSCANO, Plaintiff, v. PGA TOUR, INC., et al., Defendants. No. CIVS-97-1238 DFL PAN. United States District Court, E.D. California. October 12, 1999. *1110 Thomas August Casazza, Law Offices of Thomas Casazza, Sacramento, CA, for Harry Toscano, plaintiff. Pamela J. Palmieri, Littler Mendelson, Sacramento, CA, William J. Maledon, Diane M. Johnson, Osborn Maledon, Pho...
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MEMORANDUM ORDER On September 3, 1999, the Honorable Douglas F. Eaton, U.S.M.J., filed a Report and Recommendation recommending that *258defendant’s motion to dismiss the Complaint be granted. Plaintiff timely filed her objections to Judge Eaton’s recommendations and the Court thereupon undertook a de novo review of the underlying record. See Fed.R.Civ.P. 72(b). Based on that review, the Court d...
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71 F.Supp.2d 432 (1999) Mitchell MARKS, et al. v. INDEPENDENCE BLUE CROSS. Civil Action No. 98-3528. United States District Court, E.D. Pennsylvania. September 29, 1999. *433 Ann Miller, Donovan Miller LLC, Philadelphia, PA, for Plaintiffs. Tracy L. Zurzolo, Morgan, Lewis and Bockius, Philadelphia, PA, Marc J. Sonnenfeld, Paul J. Greco, Morgan, Lewis and Bockius, LLP, Philadelphia, PA, for Defend...
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MEMORANDUM OF OPINION AND ORDER The City of Lodi and the People of the State of California (hereinafter collectively referred to as “Lodi”) brought this environmental action involving groundwater pollution against defendant Randtron and its predecessors and successors in interest. After Lodi entered into a settlement agreement with Randtron and Wausau Insurance Co, one of Randtron’s p...
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MEMORANDUM DECISION AND ORDER GRANTING CLASS CERTIFICATION AND DENYING ALL PENDING MOTIONS FOR SUMMARY JUDGMENT I have reviewed the Report and Recommendation of the Hon. Mark D. Fox, to whom this matter was referred, and the objections filed by both sides in response thereto. I thank Judge Fox and his law clerks for their diligent work on what was an extremely complicated and extremely lengthy set...
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MEMORANDUM OF DECISION AND ORDER This criminal matter involves, inter alia, charges of embezzlement of government funds, extortion, money laundering, and income tax evasion against Defendant David McKay (“McKay”). Presently before the Court are David McKay’s motions for a Bill of Particulars, for severance of certain counts of the indictment, for severance from charges against ...
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MEMORANDUM OF DECISION AND ORDER This diversity matter concerns allegations by Plaintiff New York Islanders Hockey Club, LLP (“Island